Criminal Procedure
Content
Criminal Procedure
General matters
Distinguish jurisdiction over subject matter from jurisdiction over person of the accused
Jurisdiction over the SJJbject
1.
er refers to the p_utbority of the court
to and octermine a particular criminal case, whereas, jurisdiction over the
eerson of the accused refers to the authority of the court, not over the subject
matter of the criminal litigation, but over the person charged. This kind of
jurisdiction requires that "the person charged with the offense must have been
brought in to its forum fur ,!rilll, forcibly by ;warrant of t or upon his
volun
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issi on to the court (Antiporda vs. Garchitorena, 321 SCRA 551).
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2.
Jurisdiction over the s er is derived from the . It can never
be acquired solely by consent of the accused. Jurisdiction over the person of the
accused may be acquired by .conseJ.lt of the accused or by waiver of objections.
Requisites for exercise of criminal jurisdiction
1.
The following are the basic uisites before a court can acquire jurisdiction over
criminal cases: (1) juri sdiction over the SJJ.bject matter; (2) jurisdiction over the
territory; and (3) jurisdiction over the person of t!:te accused.
The cou rt acquires juri sdiction over the ubject matter if the offense, by virtue of
the penalty prescribed or its nature, is one which the court is by law authorized to t!
_ke cowizance of. It is the power to and deJermine...s:a.sfS of the general
class to which the proceedin g in question belong and is confef(ed by the
2.
SQMerejgn authority which organizes the court and defines its powers. It is
conferred by law,W.by the consent of the parties.
For jurisdiction over the territory to be acquired the offense must have been
3.
committed or any of its essential elements took place within the ,1pritorial
jurisdiction of the court. It
t
be wa ived and where the place of
the commission was Wlt spesifically charged, the place may be shown by
evidence. It is the I
of the geographical boundarie s of a place within
which a court has jurisdiction to act judicially and outside of wbich its
judicial acts are null .and void.
4.
For jurisdiction over the person of the accused the rson charged with
the offense IJ)htst have been brought to its presence for h·iaiftordbly by warrant
of rrest or pon his voluntary submis sion to th e court. It may be deemed
waived if the accused fails to mak e a seasonab l e objection thereto. Similarly,
one
who desires to object to the jurisdiction of the court over his person must
appear in court.
Jurisdiction of criminal courts
1.
The Municipal Trial Court (MTC), under Republic Act 7691 (R.A. 7691), has
exclusive original jurisdiction over offenses punishable with imprisonment not
exceeding six (6) years regardless of the .fine. and other accessory penalties and
civil liability. Under Batas Pambansa 129 (BP 22), before the amendments
introduced by R.A. 7691, the jurisdiction of the MTC was for offenses not
exceeding four (4) years and two (2) months and 1 day/or a fine not exceeding
P4,000.00.
2.
In cases where the only penalty provided by law is a fine. the MTC has e?
fClusive original jurisdiction over offenses punishable with a fine not exceeding
P4, 000.00.
3.
The MTC also has exclusive original jurisdiction over all violations of city
or municipal ordinances committed within its respective territorial jurisdiction.
The MTC also ]$fs a special jurisdiction to hear and decide petitions for a writ of
() habeas corpus or applications for bail in the province or city w.here .the RTC judges
are.absent.
4.
In addition, the followin-" cases should also be filed with the MTC: Cases
involving llf..22; and bYOffenses involving damage to property through
criminal negligence (B.E.. 129 as amended by R.A. 7691).
5.
The RTC shall exercise original jurisdiction over criminal cases not within the
jurisdiction of any court, tribunal or body. This is because the RTC is a court of
general jurisdiction.
6.
The following are cases under the exclusive original jurisdiction of the
Sandiganbayan: (a) violation of RA 3019 as amended (Anti Graft and Corrupt
Pr ctices Act) and RA 1379 (,An Act Declaring Forfeiture in favor of the state any
property found to have been WJ.lawfully acquired by Public Officer or Employee
and providing for the procedure therefore, which prescribes the penalties for
violation thereof); (b) other es or felonies, whether simple or complexed
with other crimes, committed by public officials and employees mentioned in
Sec. 4 (a) PD 1606 as amended by RA 7975 in relation to their office; (c) crimes
mentioned in Chapter 2 Section 2 Title VII Book 2 of the Revised Penal Code i.e.
Art. 210: y, Art. 211: Indirect Bribery, Art. 212: Cormption of Public
Officials.
When injunction may be issued to restrain criminal prosecution
1.
Criminal prosecutions may not be restrained or
by injunction,
preliminary or final. The reason being, public interest requires that the .aiminal
be immediately investil'ated and prosecuted for the protection of th ty
(Domingo v. Sandiganbayan, G.R. No. 103276, April 14, 1996), unless: ""it is.
necessary to afford. adeqyate protection to the constitutional ts of the
,...
accused; B When pecessary for the orderl):0l'dministration of justice or to....rumid
op.pression or mul ty of .a.ctiQns; When there is a prejudicial question
which is stZjudice; 8) When the of the officer are without or in ess of
authority; When the wosecution is under an !nvalid..Aaw, ordinance or
regulation, l) When double jeop is clearly apparent;
When the .cQurt has
no jurisdiction over the offense; h) When it is a case of persecution rather than Prosecution ; i
en the charges are manifestly false and motivated by the lust
C
for ven eance; ) When there is clearly n
rima acie cas a ain
d and
a rqption to quash on that ground has been denied; ) Prevent the threatened
unlawful arrest of petitioners (Brocka v. Enrile, G.R. Nos. 69863-65, Dec. 10, 1990).
Prosecution of offenses
Criminal actions, how instituted
1.
The institution of a criminal action depends upon ..w.h.ether or .not the
offense is one which requires a preliminary investigation (Sec. 1, Rule 110, Rul es of
Court). Where a preliminary investigation is
red, a criminal action is
instituted by filing the Q;)mplaint with the proper officer for the purpose of
conducting the requisite preliminary investigation (Sec. 1, Rule 110, Rules of
Court).
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2.
Where a preliminary inves ation is not required, a criminal action is
instituted in either of two ways: .iiling the complaint or information directly
with the Municipal Trial Court or Municipal (:ircuit Trial Court (MCTC), or
b) by filin the complaint with the pffice of the prosecutor (Sec. 1, Rule 110,
Rules of Court).
3.
A query that is of ten involved at this junctur e is why the rule makes
reference only to the Municipal Trial Court and the Municipal Circuit Trial as
the courts in which offenses may be prosecuted by the direct filing of the
information or complaint. The Regional Trial Court and the Metropolitan Trial
Court (MeTC) arc not mentioned in the rule.
4.
The
is obvious. There is no direct filing of an information or complai.Q.t with
the Regional Trial Court bequse its jurisdiction covers offenses which require
preliminary investigation.
A preliminary investigation is to be
conducted for offenses where the penalty prescribed by law )s at least four {4)
years, two (2) months and one (1) day (Sec. 1, Rule 112, Rul es of Court). The
Regional Trial Court has jur djction over an offense punishable with
impris<}nmcnt of more than six (6) years, way above the minimum penalry for an
offense that requires a preliminary investig?tion. On the other hand, the
Municipal Trial Court has e.xclusive jurisdiction over offenses punishable with
imprisonment not exceeding six (6) years (Sec. 32[2], Judi ciary Reorganization
Act of1980 [BP 129]).
5.
There is likewise no direct filing with the Mch·opolitao Trial Court because
in Manila , including other chartered cities, the complaint, as a rule, shall
be filed with the office of the prosecutor, unless otherwise 12rovjded by their
.charters (Sec. 1, Rule 110, Rules of Court). The rule is that in chartered cities, the
complaint shall be filed with the prosecutor but in case of a s;onflict between a
city charter and a provision of the Rules of Court, the former. being substantive
law, shall prevail .
Who may file them, crimes that cannot be prosecuted de officio
1.
The prosecution of adultery and concubinage is done upon a comJllaint filed by
the offended spouse.The rule stresses that the action cannot be instituted against
one party alone. It must be instituted against both ilty parties, lJllless one of
them is no longer alive (Sec. 5, Rule 110, Rules of Court).
2.
The offense of adultery and concubinage may not be instituted if it is shown
that the offended party has consented to the offense or has pardoned the
offenders (Sec. 5, Rule 110, Rules of Court). Since the rule does not distinguish,
the consent or pardon may either be expressed or implied.
3.
The offenses of sed11ction, abduction and acts of lasciviousness shalUlm. be
wosecuted except upon a a)mplaint filed b.Y the offended party or her
p.arents. grandparents o.r_gua.I:dia nor, in any case, iWWL.ggender has been
expressly par,doned by them (Sec. 5. Rule 110, Rules of Court). Note that the
P.ardon must be expressly made. It is clear that an implied pardon is !!Q!.
contemplated under Section 5 of Rule 110.
4.
If the offended dies or b mes incapacitated before she can file the
complaint, and she has no lsnown parents, parents or guardian, the S1il1e
shall initiate the criminal a.ctian in her behalf (Sec. 5, Rule 110, Rules of Court).
5.
Also, under Section 5 of Rule 110, the offended party, even if a minor, has the
right to initiate the prosecution of the off ense, independently of her parents,
grandparents or guardian except if she is incompetent or incapable of doing so
(Sec. 5, Rule 110, Rules of Court).
6.
Where the minor faUs to initiate the prosecution of the offense, the
complaint may be filed by the minor's parents, grandparents or.guardian in the
successive order mentioned. This right to ..fik.the complaint shall be exclusive of
all other persons t with respect to the .,W!e under the conditions in the
immediately preceding paragraph (Sec. 5,Rule 110, Rules of Court).
7.
8.
The crime of raBe is no longer a private crime. Hence, it no longer
quires the filing of a complaint by the offended party or her. parents,
andparents or SU;ardian (Sec. 5 of Rule 110, 3rd paragraph). Under Sec. '2 of the
ti-Rape Law of 1997 (RA 8353), the crime of mpe is now classified as a crime
against
persons.
In complex crimes, where one of the component offenses is a private crime
and the other a public offense, the l may initiate the proceedings
officio. The n therefore is that since one of the component offenses is
a
public crime, the latter should prevail, public interest being always paramount to
wivate interest.
9.
Under Section 27 of Re
·
0, complaints on cases of unlawful
acts menti01jcd in the law c mitted against childr r/may be filed by the
following: 'if) _offended party; ) -rarents or guardians/ c.•{ ascendant, or collateral
relative within the third degree of consanguinity; .dyofficer, social worker or
re ntative of a licensed child-caring institution; fl}' ojficer or social worker oJ
the D partment of Social Welfare and Development; f{barangay chairman; ort)
at least three (3) concerned, ponsible citizens where the violation occurred.
10.
The defamation under this rule (Sec. 5, Rule 110, Rules of Court) consists
only in the imputation of the offenses of adultery, concubinage, .seduction,
ab,duction
and acts of lasciviousness (Sec.5, Rule 110, Rules of Court).
;:;
11.
The criminal ru:.fum for defamation und er the rule shall be at the instance
of the offended party only and upon a complaint filed by said offended party i.e.,
only the offended party can file the complaint (Sec. 5, Rule 110, Rules of Court).
12.
Where the offense is a violation of a special !aw,-'the same shall be
prosecuted pursuant to the provisions of said law (Sec. 5, Rule 110, Rules of Court).
J(JVI4
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Criminal actions, when enjoined
Criminal actions are deemed enjoined:
l.
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when the;zo rt through its
sound ctiscretjon de ) such criminal actio;Yenjoined; (l) when there is a
r.rejudicial question ; (Jf motion to quash; or (If) .d mble jeopardy .
Control of prosecution
A criminal action is prosecuted under the direction and control of the
prosecutor. This is the general rule and this ap.plies to a criminal action
commenced either by a comp laint or an information (Sec. 5, Rule 110,
Rules of
I
Court). Even H Lhere is a private prosecutor, the criminal action is still prosecuted
under the direction and control of the public prosecutor.
1.
The appointment of a P-fivate prosecutor is don e by the offended party and is
the mode by which the latter intervenes in the r.rosecution of the offense. This
intervention is however, only allowed where the ciyil actjon for the recovery of the
civil liability is instituted with the criminal action pursuant to Rule 111 (Sec.
16, Rule 110, Rules of Court). Hence, the offended party may not intervene in tjte
prosecution of the offense through a private prosecutor if the offended party v{a)
waives the civil action, (b) reserves the right to institute jt separately, or (c)
institutes the civil action prior to the criminal action .
2.
Sufficiency of complaint or information
1.
A csfmplaint or information is deemed sufficient if it contains the
following: ) the name of the accused; if the offcns<" is committed by
than one person, all of them shall be included in the complaint or information ;
b) the
designation of the offense given by te;.c) the cts or omissi s complained
of as constituting the offense; d) the name of the offended party; e) the
approximate date of th commission of the offense; and e place where the
offense was committed (Sec. 6, Rule 110, Rules of Court).
Designation of offense
1.
In designating the offense, the following rules must be observed: e
--designation of the offense requires, as a rule, that the name given to the offense
by statute must be stated in the complaint or information . If the statute gives
no designation to the offense, then reference must instead be mad the sec on
or
subsection punishing it (Sec. 8, Rule 110, Rules of Court); t.6)' included in the
complete designation of the of se is an averment of the acts or omissions
constituting the offense (Ibid); the present rule also provides for a
mandatory requirement i.e., that the complaint or information must specify
qualifying
<!J1d aggravating circumstances of the offense (Ibid); and
) the twin
circumstances of minority and ..relationship under Article 335 of the Revised
Penal Code, as amended by R.A. No. 7659, are in the nature of qu g
>
circumstances because they alter the nature of the crime of rape and incrsase the
nalty. As special alifying circumstances, they must be specifically pleaded
or alleged with certainty in the information; xxx If the offender is merflY a
relation,..- not a pp.rent, ascendant, step-parent, guardian, or common law
spouse of the mother of the victim - the specific relationship must be
alleged in the information, i.e., that he is "a relative by consanguinity or
affinity [as the case may be] within the third civil degree."
Cause of accusation
1.
In informing the accused of the cause of accusation against him, it is not
necessary to employ the words used in the statute alleged to have been violated.
It is sufficient for the complaint or information to use ordinary and concise
Ian a e suf · ient to enable a erson o
on understanding tO: know the
following: ) the offense being chA._;ged; (Iff cts or omissions complained
of
as constituting the offense; and (c(the. qualifying and aggravating
circumstances
(Sec. 9, Rule 110, Rules of
Court).
Duplicity of the offense; exception
1.
The general rule is that a complaint or information must charge only one
offense. More than one offense may however, be charged when the law
prescribes a single punishment for various offenses (Sec. 13, Rule 110, Rules of
Court).
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2.
When two or more offenses are charged in a single comE!_aint or information,
the accused must object to such fact before trial. If he does not so
object the court ma y cgnvict him of as many offenses as are charged and proved,
aQ,d impose on him the penalty for each offense (Sec. 3, Rule 120, Rules of Court).
Amendment or substitution of complaint or information
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The general rule is that any amendment, formal or substantial, befor,e the
1.
accused enters his plen may be done without leave of court (Sec. 14, Rule 110,·
e. ecqvY
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Rules of Court). xception oyever as provided by the rules is that any
amendment before plea , wh ich <fowngrades the nature of the ffense charged in
or exclu des any accused from the compla int or infor mation can be ma;ie only_
;f:lt VtflfM/IolGl
oon motion bv the prosecutor , with notice to the of!ended party and w ith leave
of court (Ibid).
After the accused enters his plea onlx formal amendment provided that
2.
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leave of court is obtained and such amendment is not prejudicial to the rights of..!) (.,
Mw"e Piu{ /W/ 6 U
a..1 J
cri e charged in the mrormation or upgrades it to a high er crime, in which case,
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the accused. Exception: when a ct supervenes which ;hanges the nature of the
amendment as to substance may be made but there is a need for another
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a':"n!:': ::\ Zhere it neither affects nor alters the nature of
basic theory of the prosecu tion.endment is in substa nce where it covers'
matters involving th l of fac onstituling the offense char d and
Aug. 6, 1975).
If it appears at any time before j ud gment that a mistake has been made
JJ·.
in c ng the proper offense, the court shall dismiss the original complaint
or information upon the filing of a ne w one charging the proper offense,
provided
5.
J.shall
J not be placed in double jeopardy
How/ver n
b
(Sec. 14,Rule 110, Rules ofbc.:-accused
Court).
i all1e :nly when Z;ent as yet been
rendered;
th«&. acc!JSCd cannot be convicted of the offense charged or any
other offense necessarily includ ed therein; and c) The accused would not be
placed in double jeopardy (Sec.14, Rule 110, Rules of Court).
6.
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ar.raignment of the accused under the amended information.
th
nse charged or where the charge does notlMeprive the accused of a fair
opportunity to present his defens r where it does not involve a change in the
determinative of the jurisdic tion of the court (Almeda v. Villnluz, G.R. No. L-31665,
cup}
'b
The J;est to determine 11roeriety of amendment af ter plea areo (w;,cn a
dgfense u nder the comp laint or information, as it ori in I
stood, would no
l nger be available after the nmendment is made; and b) hen any ev idence the
{
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a
c
cused might h ave, would be inapplicable to the compla int or information as
amended (People v. Montenegro, G.R. No. L-45772, Mar 25, 1988).
Venue of criminal action
1.
Venue in criminal cases is jurisdictional. The general rule is that the
offender must be _prosecuted in the territory where the offense or
of its
elements are committed This may IWt b the case on the following:
00JVhere the
offense was committed under Artlc)E{2 of the Revised Penal Code; Min cases of
piracy - "hostes humani generis "; EC} Where an offense is committed on a railroad
train, in an aircraft! or in any other public or private vehicle while in the course
of its trip, the criminal action may be in:atityted and tried in the court of any
municipality or territory where such train, aircraft or other7ehide passed during
such trip, its pla,e of departure or its place of arrival; 1({1) where an offense is
committed on board a vessel in the course of its voyage, the criminal action may
be instituted and tried in the proper_court of the first port .of entry or .of-ans
municipality or territory through which the vess.el passed during such voyage
subject t9 the generally a septed principles pf international law; (e) the Supreme
CouFt has the power under the C
of trial to avoid a miscmz tice; in cases of written defamation under
RA A363 or Jibe}; and
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rl under B P 22.
.
2.
As a rule, ·the criminal y&on shall be instltuted and tried in the yourt of the
municipality or territory (a) wh
th e offense was committed, or (f)) where
an
tial in redients occurred .This rule is however, subject to existing
laws (Sec. 1 (a), Rule 110, Rules of
Court).
3.
Where an offense is committed in a train, aircraft, or vehicle, whether public
or private, the criminal action shall be instituted and tried in the court of
any municipality or territory where such train, aircraft, or other vehicle passed
..
during its trip, including the place of its departure and arrival. Note that this rule
applies when the offense is committed in the course of the trip of the train,
aircraft or vehicle (Sec. 15(b), Rule 110, Rules of Court).
Where an offense is committed on board a vessel, the criminal action shall be
instituted and tried in (a) the court of the first port of entry, or (b) the
municipality or territo.ry where the vessel passed during its voyage. This rule
applies when the offense is committed during the voyage of the vessel and is
subject to the generally accepted principles of international law (Sec. 15(c), Rule
110, Rules of Court).
4.
5.
scommitted outside the Philippines but punishable under Art. 2 of
the Revised Penal Code shall be cognizable by the court where the criminal
action is first filed (Sec. 15(d), Rule 110, Rules of Court).
Int rvention of offended parry
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The offended party may intervene in the prosecution of the offense. This
1.
right to intervene presupposes that civil action is instituted with the criminal
action (Sec. 16, Rule 110, Rules of Court). In other words, if there is no civil action
instituted with the criminal action because the same has been_ waill..ed , filed
a
of the_criminal action or filed separately, such intervention cannot be
dime.
2.
If however, - the ciyil action for damages filed separately from the crim.in.al
action is based upon an independent civil action under Articles 32, 33, 34 or 2176
of the Civil Code, the right to intervene is not lost because the subject of the suit
does not arise from the crime. The c vil action to recover civil liability arising
from the offense charged is"not the one separa"tely filed (Philippine Rabbit vs.
People, 427 SCRA 456).
Prosecution of civil action
Rule on implied institution of civil action with criminal action
1.
When a criminal action is instituted, the civil action for the recovery of the
civil liability is @emed instituted. But the phraseology of the present rule
indicates that it is on\y the civil liabilitl{ arising from the offense charged which is
deemed instituted with the criminal acfon (Sec. 1, Rule 111, Rules of Court). The
exceptiops to the foregoing rule are: a{ when the offended party waives the
civil
action; .6) who/' the offended party reserve s his right to institute a separate
civil action; and /.) when the offended party institutes a civil ,action prior
to the criminal action.
/
2.
Reservation shall be made: before the prosecution starts to present its
evidence; and b) und er circuni.stanccs affording the offended party a reasonabl
e opportunity to make such reservation.
·
3.
No reservation to file the civil action separa tely shall be allowed in:
a
able by the Sandiganbayan ; and c) ta x cases.
When civil action may proceed independently
1.
The civil actions which have sources apart from the crime like quasideli.cts (culpa aquilimw ) and independent civil actions under Articles 32, 33, 34
and 2176 of the New Civil Code are not d eemed jnstih1ted with the criminal
action and may be brou ht separately by the offended party. They shall proceed
independently of the criminal action and require only a preponderance of
evidence (Sees . 1 and 3 of Rule 111, Rules of Court). They need n ot be
reserved (Neplum vs. Orbeso, 384 SCRA 466). The rulin gs in Maniag o vs . CA,
253 SCRA 674,
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,
•
,.
•
\'f.,
and
Ildefonso Lines, Inc. vs. CA, 289 SCRA 568, are
cases
rerred reservation even in·cases of quasi-delicts and independent civil
actions. When separate civil action is suspended
After the filing of the criminal action, the civil action which has been reserved
cannot be instituted until final judgment .has been. rendered in the criminal
action (Sec. 2 Rule 111, Rules of Court). If the civil action is instituted b«fore the
filing of the criminal action and the criminal action is subsequently commenced,
the pending civil action shall be suspended until final judgment in · th@Crirninal action has been rendered.
1.
However, civil action enjoys preference in the following: a) in cases of
independent civil actions based upon Arts. 32, 33, 34 and 2176 of the Civil Code;
b) in cases where the civil action presents a prejudicial question; c) in cases
where the civil actiot:t is eonsolidated with the criminal action; and d) where
the civil action is not one intende to enfor e !he civil liability arising from the
offense.
2.
Acguittal in a criminal case does not bar the filing of the civil case in the following
circun:'stances: (1) the acquittal is based on reasonable doubt, if the civil case has
been reserved; (2) the ecision contains a declaration that the liability of the
CJCCUsed is not criminal but poly civil in nature; and (3) the civil liability js not
derived from or based on the criminal act of which the accused is aQJUitted (Sapiera
v. CA, G.R. No. 128927, September 14, 1999)
3.
Extinction of the penal action does not_carry with it the extinction of the
civil action, unless the extinction proceeds from a declaration in a final judgment
that the fact from which the civil liability might arise did not exist.
Effect of the death of accused or convict on civil action
1.
ing are the effects of the death of accuse or convict on a civil action· a) after arraignment and
during the pendency of the criminal action such death extinguishes the civil
liability arising from delict, except where civil liability is predicated on other
sources of obligations such as law, contract, quasi contract and quasi-delict
(Sec.4, Rule 111, Rules of Court); (b) before arraignment, the case shall be
dismissed without prejudice to any civil action the offended party may file
against the estate of the deceased; (c) pending appeal of his conviction such
death extinguishes his criminal liability as well as the civil liability based
solely thereon; (d) prior to final judgment death terminates his criminal
liability and only the civil liability directly arising from and based solely on the
offense committed; (e) after final appeal the pecuniary liabilities of the
accused are not extinguished . Claims shall be filed against the estate of the
accused.
Prejudicial question
Prejudicial Question is one which arises in a case, the resolution ·of which is
1.
a logical antecedent of the issue involved therein and the cognizance of which
pertains to another tribunal. The following are its elements:
vil
action
,!!lUSt be instituted prior to the criminal a':!!on; b) the civil action involves an
issue similar or intimately related to the issue raised in the subsequent criminal
action; and c) the resolution of such issue determines whether or not the criminal
action may proceed (Sec. 7, Rule 111, Rul es of Court).
Rule on filing fees in civil action deemed instituted with the criminal action
Filing fees apply when damages are being claimed by the offended party.
1.
The follo 11marizes the rule on filing fees:
<.'No filing fees are required for amounts
f actual damages, except with
respect to criminal actions for violation of BP 22 in which case, the
offended party shall pay in full the filing fees based on the face value of
the check as the actual damages;
b. If damages, other than actual (moral, exemplary and other damages), are
specified in the complaint or information, the corresponding filing fees
shall be paid;
c. Where moral, exemplary and other damages are not specified in the
complaint or information (the g rant and amount thereof me left to the
sound discretion of the trial court), the correspond ing filing fees need not
I
be paid and shall simply constitute a first lien on the judgment awarding
such dama ges (Sec. 1(b), Rule 111, Rules of Court)
.
Preliminary investigation
Nature of right
1. The holdin g
of
a
prelimin ary
investigation
is
not
required
by
the
Constitution. It is not a fundamental right and is not among those rights granted
in the Bill of Rights. The right thereto is of a statutory character and may be
invoked only when specif ically created by statute (Marinas vs. Siochi, 104
SCRA 423). But while the right is statutory rather than constitutional, since it
has been established by statute, it becomes a component of due process in
criminal ju stice (Doromal vs. Snndiganbnyan, 177 SCRA 354).
··f
:
'
Purposes of preliminary investigation
1.
Preliminary investigation is an inquiry or a proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and_ should
be held for trial (Sec. 1, Rule 112, Rules of Court).
2.
A preliminary investigation is not a trial but is, in certain cases, the initial step
towards the criminal prosecution of a person. It is a m-ere inquiry or a
proceeding which do not involve - the examination of witnesses by way of direct
or cross-examinations . Its purpose is not to dete e the guilt of the respondent
beyond reasonable doubt, but to determine (d)whether or not a crime has been
committed, and the respondent is probably guilty of said crime.
3.
The purposes of preliminary investigation are the following: (a) for the
investigation prosecutor to determine if a crime has been committed; (b) to
protect the accused from the inconvenience, expense and burden of defending
himself in a formal trial unless the reasonable probability of his guilt shall have
been first ascertained in a fairly summary proceeding by a competent officer; (c)
to secure the innocent against hasty, malicious and oppressive prosecution, and
to protect him from an open and public accusation of a crime, from trouble,
expenses _ and anxiety of public trial; (d) to protect the state from having to
conduct useless and expensive trials.
Who may conduct the determination of existence of probable cause
1.
Under A.M. No. 05-8-26-SC effective October 3, 2005, only the following
may conduct preliminary investigations : (a) Provincial or City Prosecutors
and their assistants; (b) National and Regional State Prosecutors; and (c) other
officers as may be authorized by law.
Resolution of investigation prosecutor
1.
If the investigating prosecutor finds cause to hold the respondent for trial,
he shall prepare the resolution and information. He shall certify under oath in
the information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the
accused is
probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence. Otherwise, ne shall recommend dismissal of the
complaint.
Within 5 days from his resolution, he shall forward the record of the case
to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan
in the exercise of its original jurisdiction. They shall act on the resolution within
10 days from their receipt thereof and shall immediately inform the parties of
such action.
complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or approval of the
provincial or city prosecutor or chief state prosecutor or the Ombudsman or his
deputy .
re
the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provinci al or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by himself, file the
information against the respondent, or direct another assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation
(Sec. 4, Rule 112, Rules of Court).
Revi w
1.
If upon petition by a proper party under such rules as the Department of
Justice ma y prescribe or motu proprio, the Secretary of Justice reverses or
modifies the resolution of the provi ncial or city prosecutor or chief sta e
prosecutor, he shall direct the prosecu tor concerned either to file the
corresponding information without conducting another preliminary
investigation, or to dismiss or move for dismissal of the complain t or
information with notice to the parti es. The same rule shall apply in
preliminary investigation conducted by the officers of the
Office of the Ombud sman (Sec. 4, Rul e 112, R ules of Court).
When warrant of arrest may issue
1.
A warrant of arrest may be issued by the Regional Trial Court within 10 days
from the filing of the complaint or information; the jud ge shall personally
evaluate the resolution of the prosecutor and its supporting evidence: (1) he may
immediately dismiss the case if the evidence on record clearly fails to establish'
probable cause; (b) if he finds probable cause, he shall issue a warrant of arrest,
or a commitment ord er if the accused has already been arrested pursuant to a
warrant issued by th e judge who conducted the preliminary investigation or
when the complaint or information was filed when the accused w as lawfully
arrested without warrant.
In case of doubt on the existence of probable cause, the judge may order
the prosecutor to presen t additiona l evidence within 5 days from notice and the
issue must be resolved by lhe court within 30 days from filing of the complaint
or information (Sec. 5, Rule 112, Rules of Cqurt).
,I,.
2.
.;
When required, the preliminary investigation of cases falling under the original
jurisdiction of the Metropolitan Trial Court (MTC), shall be conducted by the
prosecutor . The procedure for the issuance of a warrant of arrest by the judge
shall be the same as in RTC (Sec. 5, Rule 112, Rules of Court, as amended by A.M .
No. 05-8-26-SC).
A warrant of arrest shall
not issue if the accused is already under
detention pursuant to a warrant issued by MTC, or if the complaint or
information was filed when the accused was lawfully arrested without warrant
or for an offense penalized by fine only. The court shall then proceed in the
exercise of its original jurisdiction.
Cases not requiring a preliminary investigation
1.
If a person is arrested lawfully without a warrant involving an offense which
requires a preliminary investigation, i.e., the penalty is at least four (4) years,
two (2) months and one (1) day, an information or complaint may be filed against
him without need for a preliminary investigation. If he has been arrested in a
place where an inquest prosecutor is available, an inquest will be conducted
instead of a preliminary investigation. In the absence or unavailability of an
inquest prosecutor, the complaint may be filed directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or person (Sec.
7, Rule 112, Rules of Court).
Remedies of accused if there was no preliminary investigation
a. Refuse to enter a plea upon arraignment and object to further proceedings upon
such ground;
b. Insist on a preliminary investigation;
c. File certiorari if refused
d. Raise lack of preliminary investigatiol'l as error on appeal (US v. Banzuela, G.R. No.
10172, 1915)
e. File for prohibition (Conde v. CFI, G.R. No. L-21236, October 1, 1923)
Inquest
1.
Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly
charged in court (DO] Circular No. 61, Sept . 21, 1993).
Arrest
Arrest, how made
Arrest is the taking of a person into custody in order that he may be bound to
1.
answer for the commission of the offense (Sec. 1, Rule113, Rul es of Court).
2.
The following arc the modes of effecting arrest: a) by an actual restraint of the
person to be arrested; and b) by his submission to the custody of the person
making the arrest.
Arrest without warrant, when lawful
A peace officer or a private person ma y, without a warrant, arrest a
1.
person: a) when, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; b) when an offense
has just been committed , and he has probable cause to believe based on
personal knowledge of facts or circum stances that the person to be arrested has
committed it; and c) when the person to be arrested is a prison er who has
escaped from a penal establishment or place where he is serving final judgment
or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another ( Sec. 5, Rule 113, Rules of Court).
There is another ground for a warrantless arrest other than those provided for
under Sec. 5 of Rule 113 of the Rules of Court. That ground is when a person
previou sly lawfully arrested escapes or is rescued. Under the Rules, any person
may immediately pursue or retake him withou t a warran t <It any time and in
any place within the Philippines (Sec. 13, Rule 113, Rules of Court).
2.
Method of arrest
By officer with warrant
1.
When making an arrest by virtue of" w< rrant, the officer shall inform
the person to be arrested of the cause of the arrest, except when he flees or
forcibly resists before the officer has opportunity so to inform him or when the
giving of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but afler the arrest, if the
person arrested so requires, the warrant shall be shown to him as soon as
practicable (Sec. 7, Rule 113, Rules of Court).
By officer without warrant
1.
When making an arrest without a warrant, the office r shall inform the
person to be arrested of hi s authority and the cause of the arrest, unlrss the Jntter
is either engaged in the commission of an offense or is pursued immedi a tely a
fter
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its commission or has escaped, or flees or forcibly resists before the officer has
the opportunity so to inform him, or when the giving of such information will
imperil the arrest (Sec. 8,Rule 113, Rules of Court).
By private person
1.
When making an arrest, a private person when making an arrest shall
inform the person to be arrested of the intention to arrest him and cause of the
arrest, unless the later is either engaged in the commission of an offense, or is
pursued immediately after its commission or has escaped, or flees or forcibly
resists before the person making the arrest has opportunity so to inform him, or
when the giving of such information will imperil the arrest (Sec. 9, Rule 113,
Rules of Court).
Requisites of a valid warrant of arrest
1.
The law provides that in order for an arrest to be valid the following
requisites should be present: (1) issued upon probable cause which must be
determined personally by a judge after examination under oath or affirmation of
the complainant and the witnesses he may produce; (2) after evaluation of
prosecutor's report and the evidence adduced during the preliminary
investigation (Soliven v. Makasiar, G.R. No. l-82585, Nov. 14, 1988); (3) the
warrant must particularly described the person to be arrested; (4)should be
given in connection with specific offense or crime.
2.
A warrant of arrest has no expiry date. It remains valid until arrest is
effected or warrant is lifted (Manangan v. CFI, G.R. No. 82760, Aug. 30, 1990).
Determination of probable cause for issuance of warrant of arrest
1.
Probable cause as basis for the issuance of a warrant of arrest is that which,
based on facts and circumstances obtaining, would lead a reasonable discreet
and prudent man to believe that an offense has been committed by the
person sought to be arrested. A finding of probable cause needs only to rest on
evidence showing that more likely than not a crime has been committed and was
committed by the suspect. Probable cause requires less than evidence which
would justify conviction. It is not a pronouncement of guilt (Webb v. De Leon,
247 SCRA 653).
2.
Judges of the Regional Trial Court and inferior courts need not personally
examine the complainant and witnesses in the determination of probable cause
for the issuance of the warrant of arrest (Soliven v. Makasiar, G.R. No. L-82585,
Nov. 14, 1988). He is only required to personally evaluate the report and the
supporting documents su bmitted by the fiscal and on the basis thereof he may
dismiss, issue warrant, or require further affidavits.
Distinguish probable cause of fiscal from that of a judge
1.
The determination by the prosecutor of probable cause is for the purpose
of either filing an information in court or dismissing the charges against the
respondent, which is an execulive function. The determination by the judge of
probable cause begins only after the prosecutor has filed the information in court
and the latter's determination of probable cause is for the purpose of issuing an
arrest warrant against the accused, which is judicial fmKtion (People v. CA,
301 SCRA475).
Bail
Nature
1.
There are certain constitutional principles on bail, namely: (a) the general
rule that all persons sha ll, before conviction, be bailable by sufficient sureties,
except those charged with offense punishable by reclusion perpetun or higher
when evidence of guilt i s stron g; (b) the principle that the suspension of the
privilege of the writ of habeas corpus does not impair the right to bail; and; (c) the
principle that excessive bail shall not be required (Sec. 13, Art. Til, Const itution of
the Philippines).
2.
The constitut ional provtsiOn on bail makes reference to the word "conviction". It
suggests that bail applies to those arrested for the violation of criminal laws.
Does it apply to extradition proceedings? One case held, generally NO! However,
it was ruled that there is no logic to confine bail to criminal proceedings . Bail
should be made available in all cases where there is deprivation of liberty prior
to or during trial. Although not a matter of right in extradition proceedin gs, bail
may be granted if: (a) the extraditce is not a fJight risk; and (b) there are specia l,
humanitarian and compelling reasons (Gove.rnment of the U.S. vs. Purgnnnn, 389
SCRA 623).
3.
Bail is the security given for the release of a person in the custod y of the law
(Sec. 1, Rule 114, Rules of Court). Note the word, "custody". This means that
bail is not available to those who arc free. It would be incongruous for someone
to apply for bail if he is not in the custody of the law. However, there is an
instance where a person who is not under the custody of the law may be
required to post bail. Under Sec. 14 of Rule 119, if a material wih1ess will not
testify when required, the court, may, upon motion of either party, order the
w itness to post bail. If he refuses, he shall be committed to prison until he
complies or is legally discharged after his testimony .
When a matter of right; exceptions
1.
Bail is a matter of right (a) before or after conviction by the Municipal Trial
Court, and (b) before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua or life imprisonment. After conviction by
the Regional Trial Court of an offense not punishable by death, reclusion perpetua
or life imprisonment, bail is a matter or discretion (Sections 4 and 5, Rule 114,
Rules of Court).
When a matter of discretion
1.
Bail is a matter of discretion in the following instances: (a) before
conviction of a capital offense or a crime punishable by death, reclusion perpetua
or life imprisonment, the exerci se of discretion being dependent on whether the
evidence of guilt is strong; (b) upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life imprisonment; and (c) after
conviction by the RTC wherein a penalty of imprisonment exceeding 6 years but
not more than 20 years is imposed, and not one of the following circumstances is
present and proved : (i) recidivism, quasi-recidivism or habitual delinquency or
commission of crime aggravated by the circumstances of reiteratio ; (ii) previous
escape from legal confinement, evasion of sentence or violation of the conditions
of bail without valid JUStification; (iii) commission of an offense while on
probation, parole or under conditional pardon; (iv) circumstance of the accused
or his case indicates the probability of flight if released on bail; and (v) undue
risk of commission of another crime by the accused during pendency of appeal
(Sec. 5, Rule 114, Rules of Court).
Hearing of application for bail in capital offenses
1.
The hearing for bail in capital offenses is summary. By summary hearing
is meant such brief and
speedy method
of receiving and considering the
evidence of guilt as is practicable and consistent with the purpose of the hearing
which is merely to determine the weight of the evidence for purposes of bail (A6-
rpnlo, Ruben, Handbook on Criminal Procedure, 2nd Edition, p. 278).
2.
At the hearing of an application for bail, the prosecution has the burden
of showing that evidence of guilt is strong. The evidence presented during the
bail hearing is automatically reproduced at the trial (Sec. 8, Rule 114, Rules of
Court).
Guideline
1.
in fixing amount of bail
The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to the following
guidelines: (a) financial ability of the accused to give bail; (b) nature and
circumstances of the offense; (c) penalty of the offense charged; (d) character and
reputation of the accused; (e) age and health of the accused; (f) the weight of the
evidence against the accused;(g) probability of the accused appearing at the trial;
(h) forfeiture of other bail; (i) the fact that the accused was a fugitive from justice
when arrested and; fj) the pendency _ of other cases where the accused is under
bond. Excessive bail is not required (Sec. 9, Rule 114, Rules of Court).
Bail when not required
1
No bail shall be required when the law or these rules so provide (Sec. 16
Rule 114, Rules of Court).
2.
Instances when the law or rules provide that no bail is required: (a) RA
6036 - offenses charged is violation of an ordinance, light felony or a criminal
offense, the imposab'le-t.-pel.lalty wherefore does not exceed 6 months of
imprisonment and/or fine o/ P2,000; (bfPD 603 as amended - in cases of a
.J
youthful offender held for physic,_I· or mental examination, trial or appeal, if
unable to furnish bail and undetthe ·circumstances; (c) where the accused has
applied for probation and before the same has been resolved but no bail was
filed by the accused because he is incapable of filing one, in which case he may
be released on recognizance; and b) when a person has been in ·custody for a
period equal to or more than the possible maximum imprisonment prescribed for
the offense charged, he shall be released immediately, without prejudice to the
continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after 30
days of preventive imprisonment (Sec. 16, Rule 114, Rules of Court).
Increase or reduction of bail
1.
2.
A person in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged, without application of
the Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at the discretion of the court( Sec.
16, Rule 114, Rules of Court).
After the accused shall have been admitted to bail, the court may, upon good
cause, either increase or reduce its amount. When increased, the accused may
be committed to custody if he does not give bail in the increased amount
thereof within a reasonable period. An accused held to answer a criminal
charge
who is released without bail on the filing of a complaint or information, may ,
at any subsequent stage of the proceedings and whenever a strong showing of
guilt appears to the court, be required to give bail in the amount fixed, or in lieu
thereof may be committed to custody (Sec. 20, Rule 114, Rules of Court).
Forfeiture and cancellation of bail
The foregoing are the rules regarding the forfeiture of bail bond : a) when the
presence of the accused is specifica lly required by the court or the Rules of
1.
Court, his bondsmen may be notified to produce him before the court on a given
date and time. If the accused fails to appear in person as required, his bail shall
be declared forfeited and the bondsmen are given 30 days with in which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail. Within the said period , the bondsmen
must: (i) produce the body of their principal or give the reason for his non
production; and (ii) expla in why the accused did not appear before the court
when first required to do so; and b) Failing in these two requisites, a judgment
shall be rendered against the bondmen, jointly and severally, for the amount of
the bail. The court shall not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered or is acquitted (Sec. 21,
Rule 114, Rules of Court).
2.
Enumerated arc the rules that govern the cancellation of a bail bond: a)
upon application of the bondsmen filed with due notice to the prosecutor, the
bail may be cancelled upon surrender of the accused or proof of his death; b) the
bail shall be deemed automatically cancelled upon acquittal of the accused ,
dismissal of the case, or execution of the judgment of conviction; and c) in all
instances, the cancellation shall be without prejudice to any liability on the bail
(Sec. 22, Rule 114, Rules o_fCourt).
Application not a bar to objections in illegal arrest, lack of or irregular preliminary
investigation
1.
An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him, provided that he raises them
before entering his plea. The court shall resolve the matter as early as practicable
but not later than the start of the trial of the case (Sec. 26, Rule 114, Rules of
Court).
Hold departure order and bureau of immigration watch list
1.
Supreme Court Circular No. 39-97 dated June 19, 1997limits the authority
to issue hold departure orders to the regional trial courts in criminal cases within
.
.
their exclusive jurisdiction. Consequently, MTC judges have no authority to issue
hold departure orders, following the maxim, express mention implies the
exclusion. Neither does he have authority to cancel one which he issued.
2.
Where it appears that the accused had the propensity to evade or disobey
lawful orders, the issuance of a hold departure order is warranted (Agpalo, Ruben,
Handbook in Criminal Procedure, 2"d Edition, p. 300).
Rights of the accused
Rights of the accused at the trial
1.
2.
Section 1, Rule 115 of the Rules of Court enumerates the rights of the
accused "at the trial."
It provides that "In all criminal prosecutions the accused shall be entitled
to the following rights:"(a) to be presumed innocent until the contrary is proved;
(b) to be informed of the nature and cause of accusation against him; (c) to be
present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment; (d) to testify as witness in
his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him; (e) to be exempt
from being compelled to be a witness against himself; (f) to confront and cross
examine the witnesses against him at the trial; (g) to have compulsory process
issued to secure the attendance of the witnesses and production of other
evidence in his behalf; (h) to have speedy, impartial, and public trial; (i) to
appeal in all cases allowed and in a manner prescribed by law.
Among the rights of the accused is the right against self-incrimination - the
right to be exempt from being compelled to be a witness against himself (Sec.
1[e], Rule 115). This right is a right against testimonial compulsion and prohibits
the use of physical or moral compulsion to extort communications from the
accused (People vs. Ayson, 175 SCRA 216). Common reason then suggests that a
corporation cannot invoke the right because it is not a natural person that can
testify.
The right does not apply to the physical examination of the accused like
ultraviolet ray examination to determine presence of ultraviolet powder in the
hands (People vs. Tranca, 235 SCRA 455). It does not prohibit photographing,
fingerprinting and paraffin testing of the accused (Alih vs. Castro, 151 SCRA
279). Taking of hairstrands of the accused is not a violation of the right
(People vs. Rondero, 320 SCRA 383), or taking of blood sample (People vs.
Yatar, 428 SCRA 504).
3.
The right against self-incrimination may be invoked not only in a criminal
proceeding but also in all types of suits, including forfeiture cases (Galman vs.
Pamaran, 138 SCRA 294). It may also be invoked in administrative proceedings if
they partake of a criminal proceeding or is analogous to a cr-iminal proceeding . It
is hence, also available in legislative hearings (Benzon vs. Senate Blue Ribbon
Committee, 203 SCRA 767).
Rights of persons under custodial investigation
1.
Every person under investigation for an offense shall have the right to have a
"competent and independent counsel preferably of his own choice." Included in
this right is the right to be informed of his right to counsel (Sec. 12 (1), Art . II,
1.987 Constitution of the Philippines; Sec. 2 (b), R.A. 7438).
2.
The right of a person under interrogation "to be informed" implies the correlative
obligation on the part of the police investigator to explain and contemplate and
effective communication that results in an understanding of what is conveyed
(People vs. Guillermo, 420 SCRA 326).
Arraignment and plea
Arraignment and plea, how made
1.
An arraignment is that stage where, in the mode and manner r quired by the
Rules, an accused, for the first time, is granted the opporhmity to know the
precise charge that confronts him (Brig Gen. [Ret] Jose Ramiscal, Jr. vs.
Sandiganbayan and People of the Philippines, G.R. No. 172476-99, September
15,2010).
2.
Arraignment is made in an open court where the complaint or information
has been filed. Arraignment is conducted by the judge to whom the case is
pending , by furnishing him the copy of the complaint, reading the same in the
language or dialect known to the accused and asking the latter whether he
pleads guilty or not guilty . The accused shou"Id be arraigned within a period of
thirty (30) days from the date the court acquired juri sdiction over the person of
the accused , unless a shorter period is provided by law.
When should plea of not guilty be entered
The following are instances when a plea of not guHty may be entered: a)' when
1.
the accused so pleaded; b) when he refuses to plead; c) where in admitting the act
charged, he sets up matters of defense or with lawful justification; d) when he
enters a conditional plea of guilty; e) where, after plea of guilty, he introduces
evidence of self-defense or other exculpatory circumstances; and f) when the plea
is indefinite or ambiguous .
When may accused enter a plea of guilty to a lesser offense
1.
During arraignment the accused may be allowed to plead guilty to a
lesser offense
rovided the following reguisites concur: a the l esser offense to
-
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be pleaded is necessarily included in the offense charge (if the charge is
\\.\a attempted homicide, the accused may plead guilty to the lesser offense of slight
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prosecutor
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physical injuries; but where the offense charge is estafa, he cannot plead guilty to
theft. Theft is not included in estafa). ere must be consent of the
and the private offended party (Sec. 2, Rule 116, Rules of Court). This is the reason
) ?,
• _,J r the notice to be given to the private offended party of the date of
Jt"llrraignment. He is supposed to appear for purposes of plea bargaining (Sec. 1 (/),
1
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Rule 116, Rules of Court).
( .:\.
After arraignment bu before trial, the accused may still be allowed to
\JI · plead guilty to lesser offense after withdrawing his plea of not guilty. No
amendment of complaint or information is necessary (Sec. 2, Rule 116, Rules of
Court).
Accused plead guilty to capital offense, what the court should do
1.
If the accused pleads guilty to a capital offense, the court is not authorized to
render judgment merely on the basis of the plea of guilty. The court is
mandated to conduct first. a searching inquiry to determine the voluntariness
of the plea and whether or not the accused fully comprehends the consequences
of his plea. Furthermore, the court shall require the prosecutor to prove the guilt
of the accused and the degree of his culpability. This is true even if the accused
has already entered a plea of guilty (Sec. 3, Rule 116, Rules of Court). Where the
offense is not capital, reception of the evidence is discretionary on the court to
2.
determine the penalty imposed (Ibid).
The concept of a capital offense remains. What has been affected by the
new law is the penalty, not the concept. Said law (R.A. 9346- An Act Prohibiting
the Inposition of Death Penalty in the Philippines), prohibits the imposition of the
death penalty. In lieu of the death penalty in a caeital offense, the penalty of
reclusion perpetua shall be imposed when the law violated makes use of the
nomenclatur e of the penalties of the Revised Penal code. If not, then life
imprisonment shall be imposed .
Searching inquiry
1.
Guidelines in the conduct of a searching inquiry: l)ascertain from the accused
himself a) how he was br mght into the custody of law; b)whether he had the
assistance of a competent counsel during the custodial and preliminary
investigations; and under what conditions he was detained and interrogated
during the investigations; 2) ask the defense counsel a series of questions as to
whether he had conferred with, and completely explained to the accused the
meaning and consequences of a plea of guilty; 3) elicit information about the
personality profile of the accused (e.g. age, status, educational background),
which may serve as a trustworthy index of his capacity to give a free and
informed plea of guilty; 4) inform the accused of the exact length of
imprisonment or nature of the penalty under the law and the certainty that he
will serve such sentence; 5) inquire if the accused knows the crime with which he
is charged and to fully explain to him the elements of the crime which is the basis
of his incident; 6) all questions posed to the accused should be in a language
known and understand by the latter; and 7) the trial judge must satisfy himself
that the accused, in pleading guilty, is truly guilty (People vs. Toncayao 433
SCRA 513).
Improvident plea
1.
Where the trial court failed to conduct the prescribe "searching inquiry" into
the vo tariness of the accused 's plea of guilty and full comprehension
thereof, Afle plea of guilty is deemed made improvidently and rendered
inefficacious (People vs. Gumimba, 517 SCRA 25).
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Grounds for suspension of arraignment
1.
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The following are the groonds for suspension of arraignment: a) unsound
mind o the accused; b) there is a prejudicial question; and c) there is a petition
for review pending in the Department of Justice or the Office of the President
(Sec. 11, Rule 116, Rules of Court)
Motion to quash ..,----Grounds
1.
.etrre Ar
Section 3, Rule 117, of the Rules of Court provide the grounds for a
motion to quash: the facts charged do not constitute an offense; b) the court
trying the case has no jurisdiction over the offense charged; etrJi.e court trying the
case has no jurisdiction over the person of lhe accused; c!)4hat the officer who
filed the information had no auth rity to do so; that it does not conform
substantially to t e prescribed form; tJ{that more than one offense is charged
except when a single punishment for various offenses is prescribed by law; g)
that the criminal action or liability has been .extinguished; h) that it contains
.......,....... stitute a legal excuse for justification; and i)
that the accused has bee
charged, or of the case <:&ains
without his express consent.·
-
convicted or acquitted of the offense
1m was dismissed or otherwise terminated
I
Distinguish from demurrer to evidence
1.
Motion to quash contemplates an initial action originating from the accused. The
right to file a motion to quash belongs only to the accused (People vs. Nitafan ,
302 SCRA 424). Demurrer to evidence is an objection by one of the parties in
an action to the effect that the evidence his adversary produced is
insufficient in point of law, whether e or not, to make out a case or sustain the
issue. The party demurring challenges the sufficiency of the whole evidence to
sustain a verdict. (Katigbak vs. Sandiganbayan, 405 SCRA 558)
Effects of sustaining the motion to quash
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1. If the ground is neither under (a), (d), (e), and (f) of Sec. 3, Rule 117 of the
Rules of Court, the court may order that another information be filed or an
:mendment thereof be made, as the case may be, within a definite period .If_such
ot\o1\• within
rder is not made, or if having been made, another information is not filed
the time specified in the order, or within such time as the court may
allow, the accused if in custody, shall be discharged therefrom, unless he is
tls:e..,. in stody
.{;'"e other charge.
11
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2.
,
t(
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egJI, n
(g), (h), (i) of Sec. 3, Rule 117 of the Rules of
ourt, the court must state, in its order granting the motion, the release of the
accused if he is in custody or the cancellation of his bond if he is on bail.
Exception to the rule that sustaining the motion is not a bar to another prosecution
1.
n order sustaining a motion to quash is not a bar to another
prosecution for the same offense unless the motion was based on the
following grounds: (a) criminal action or liability has been extinguished; (b)
double jeopardy (Sec. 6,
V'a
Rule 117, Rules of Court).
/
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Double jeopardy
The elements constituting_j.ouble jeopardy: (a) the accused has been
convicted or acquitted or th e against him was dismissed or terminated
without his express consent; (b) the court has jurisdiction; (c) there is a valid
complaint or information; (d) there was plea to the charge upon a ent (e)
the accused is cQ_arged anew for an offense constihiting a!l'"attemet "'-or a
atiop of the previous offense charged or for an offense that necessarily
includes or is necessarily included in the former charge (Sec. 7, Rule 117, Rules of
J f{ rkaY1(fJ
Court).
Provisional dismissal
1.
When a case is provisionally dismissed, the case may be later on revived.
A provisional dismissal of a case may be made provided the following requisites
concur: (a) there is express consent of the accused, and (b) there is notice to the
offended party (Sec. 8, Rule 11!).
c:::::::::
2.
-
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:; •
The case of People vs. Lacson, 400 SCRA 267(April1, 2003), has modified the
requisites for a provisional dismissal, to wit: (a) the prosecution with the
expressed consent of the accused moves for a provisional dismissal of the case;
or both the accused and the prosecution move for the provisional dismissal (b)
the offended party is notified of the motion for prov isional dismissal of the
case;·(c) the court issues an order granting the motion and dismissing the
case provisionally; and the public prosecu tor ·is served with a copy of the
order of provisional dismissal.
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1
Note also that under S of Rule 117, the one -year and two- year time
line shall be counted from .xh"e date of the issuance of the order of di issal". In
People Lncson the reckoning period starts from "the service of the order of
dismissal on the public prosecutor who has control of the prosecution'.
Accordingly, the publ ic prosecutor cmmot be expected to comply with the
timeline unless he is served with a copy of the order of dismissal.
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Pre-trial
Matters to be considered during pre-trial
The following are matter that need to be considered during the pre-hial:
1.
arile'a bargaining; bysftpulation of facts; c
g
of the evidences of
the parties; dl-wtflver of objections to admissibility of evidence; ication
of the order of trial if the accused admits the charge but interposes a lawful
defense; and
matters as will promote a fair and expeditious trial of
the criminal and civil aspects of the case (Sec. 1, Rule 118, Rules of Court).
The agreements made on the above matters in order to be binding need
approval of the court (Sec. 2, Rule 118, Rules of Court).
What the court shoqld do when prosecution and offended party agree to the plea offered by
the accused
At arraignment the accused, with the consent of the offended party and
1.
prosecutor, may be allowed by the trial court to plead guilty to a lesser offense
which is necessarily i.n'cluded in the offense charged. After arraignment but
before trial, the accused may still be allowed to pl ead gu ilty to said lesser
offense after withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary (Sec.2, Rule 116, Rules of Court).
Pre-rrialagreement
1.
Agreements or admissions made during the pre-h·ial cannot be used
against the accused unless they are reduced in writing and signed by the
accused and counsel (Sec. 2, Rule 118, Rules of Court).
Non-appearance during pre-trial
1.
The court may impose proper sanctions or penalties on the counsel or
prosecutor who does not appear at the pre-trial conference . To avoid such
sanctions, an acceptable excuse for the absence must be offered to the satisfaction
of the court (Sec.3, Rule 18, Rules of Court).
Pre-trial order
1.
The pre-trial order shall be issued by the court after the pre-trial conferen e.
This order shall contain the following: <4a recital of the actions
taken; (b)-the facts stipulated ; and (c)--the evidences marked (Sec. 4, Rule 118,
Rules of Court).
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2.
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The pre-trial order shall (a) bind the parties and shall limit the trial to matters
not disposed of; and (b) control the course of the proceedings during the trial,
unless modified by the court to prevent manifest injustice (Sec. 4, Rule 118,
Rules of Court).
Referral of some cases for court annexed mediati n and judicial dispute resolution
1.
The following are under the mandatory coverage for court-annexed
mediation (CAM) and judicial dispute resolution GDR): a) all civil cases and the
civil liability of criminal cases covered by the Rule on Summary Procedure,
including the civil liability for violation of B.P. 22, except those which by law
may not be compromised; b) special proceedings for the settlement of estates; c)
all civil and criminal cases filed with a certificate to file action issued by the
Punong
Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law; d) the civil aspect of Quasi-Offenses under Title
14 of the Revised Penal Code; e) the civil aspect of less grave felonies punishable
by correctional penalties not exceeding 6 years imprisonment, where the
offended party is a private person; £) the civil aspect of estafa, theft and libel; All
civil cases and probate proceedings, testate and intestate, brought on appeal
from the exclusive and original jurisdiction granted to the first level courts under
Section 33, par. (1) of the Judiciar y Reorganization Act of 1980; g) all cases of
forcible entry and unlawful detainer brought on appeal from the exclusive and
original jurisdiction granted to the first level courts under Section 33, par. (2)
of the Judiciary Reorganization Act of 1980; h) all civil cases involving title
to or possession of real property or an interest therein brought on appeal from
the exclusive and original jurisdiction granted to the first level courts under
Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and i) all habeas
corpus cases decided by the first level courts in the absence of the Regional Trial
Court judge, that are brought up on appeal from the special jurisdiction granted
to the first level courts under Section 35 of the Judiciary Reorganization Act of
1980 (A-M . No, 11-1-6-SC-PHILJA).
Trial
Instances when presence of accused is required by law
Itt''
In the following instances the presence of the accused is required: .(a) at
arraignment and plea, whether for innocence or for g_uilt; (b) during trial,
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counsel or representative. At such stages of the proceedings, his presence is
required and cann: f ived (People vs. ]oven de Grano, et al., G.R. No. 167710,
June5,2009) .
fore trial can be suspended on account of absence of witness
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rial can be suspended on ascOJ!nt of absence ol 4a witness provided that
, e.following requisites are present: a) that the witness is material and appears
to
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the court to be so; b) that the party who applies has been guilty of no neglect; c)
that the witnesses can be had at the time to which the trial is deferred and
incidentally that no similar evidence could be obtained; nnd d) that an affidavit
showing the existence of the above circumstances must befiled.
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The provision in the constitution authorizin
e trial in absentia after the
§.i.mple means that he waives his right to meet the wjtnesses face to face, among
others. The following are the requirem ents for trial in absentia: a) the accused has
,been arraigned; b) he has been duly notified of the trial; and c) his failure to
appear was unjustified (Sec. 14 (2), Art. III, 1987 Constitution of the Philippines).
Remedy when accused is not brought to trial within the prescribed period
1.
The remedy of the accused is to file a motion lo dismiss the information on the
ground of denial of his right to speedy trial. Failure of the accused to move for
dismissal prior to trial shall constitute a waiver of his right to dismiss under
(Section 9 of Rule 119). The dismissal shall be subject to the rules on double
jeopardy. So if the dismissal is with prejudice, the case cannot be revived
anymore. But if the dismissal is without prejudice, the revival of the case is
proper .
Requisites for discharge of accused to become a state witness
1.
There are instances when two or more accused are jointly charged with
the commission of an offense. One or more of them may be discharged so they
may be witnesses for the state. Before an accused is discharged as a state witness,
the following requisites must be complied with:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The discharge must be with the consent of the accused;
There is absolute necessity for the testimony of the accused whose
discharge is requested;
There is no other direct evidence available for the prosecution of the
offense committed, except the testimony of the accused to be discharged;
The testimony of the accused can be substantially corroborated in its
material points;
The said accused does not appear to be the most guilty;
The accused has not been at any time been convicted of a crime involving
moral turpitude;
There must be a motion to discharge the accused made by the
prosecution before it rests its case; and
The prosecution must be required to present evidence and the sworn
statement of the proposed state witness at a hearing in support of the
discharge (Sec. 17, Rule 119, Rules of Court).
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dence adduced in support of the discharge shall automatically form
Effects of discharge of ace
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part of the trial. If the court denies the motion to discharge the accused as state
witne his sworn statement shall be inadmissible in evidence. ge of
accused QPerates as acquittal and bar to further prosecution for the sam ffense
(Sec. 17 and 18, Rule 119, Rules of Court).
Demurrer to evidence
1.
A demurrer to evidence is a motion to dismiss the case. In a criminal case, it is
filed after the prosecution rests its case. The ground to be relied upon is
insufficiency of evidence of the prosecution. Recall that under the rules of
evidence, the prosecution must prove the guilt of the accused beyond reasonable
doubt (Sec. 2, Rule 133, Rules of Court). If this quantum of evidence is not met, a
demurrer may lie.
2.
The court may demur to the evidence on its own initiative or motu propio
but after giving the prosecution an opportunity to be heard . The accused may
also file a demurrer to the evidence with or without leave of court (Sec. 23, Rule
ktl
119, Rules of Court!.
Requisites of a judgment
1.
Judgment
.,J O fSf"'J! [Aiol
Sec. 1, Rul;JlO of the Rules of Court provide for the following req isi: s
of a judgment: a)in writing; b) ttrule official language; c) personally and directly
prepared and signed by the judge; and d) with a concise statement of the fact and
the law on which it is based.
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Contents of judgment
1.
If the judgment is of conviction, it shall state: a) legal qualification of the
offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending its commission; b) participation of the
accused, whether as principal, accomplice or accessory; c) penalty imposed upon
the accused; and d) civil liability or damages caused by the wrongful act or
omission, unless a separate civil action has been reserved or waived (Sec. 2, Rule
120, Rules of Court).
2.
If the judgment is of acquittal, it shall a) whether the evidence of the
prosecution absolutely failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt; and b) in either case, the
judgment shall determine if the act or omission from which the civil liability
might arise did not exist ([bid).
Promulgation of judgment; instances of promulgation of judgment in absentia
1.
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. If the conviction is for a
light offense, the judgment may be pronounced in the presence of the counsel
of the accused or his representative (Sec. 6, Rule 120, Rules of Court).
2.
The court promulgating the jud gment shall ha ve authority to accept the notice
of appeal of the accused and approve the bail bond but if the decision of the trial
court changed the nature of the offense from bailable to non-bailable, the
application for bail can only be resolved by the appellate court (Sec. 6, Rule 120,
Rules of Court).
3.
In case the accused fails to appear at the scheduled da te of promulgation of
judgment despite notice, the promul gation shall be made by recording the
judgment in the criminal docket and serving him a copy thereof at his last known
address or thru his counsel (Sec. 6, Rule 120, Rules of Court).
If the accused is convicte and his failure to appear was without
justifiable cause, he shall lose h' rem edies against the judgment under the Rules,
and the court shall order his arrest. If he surrenders within 15 days from the
promulgation of judgment, he may file a motion for leave to avail of the
remedies. The motion shall state the reason for his absence and was for a
justifiable cause and within 15 days fron'l'notice, he shall then be allowed to avail
of U1e remedies against the judgment (Sec. 6, Rule 120, Rules of Court).
When does judgment become final (four instances)
1.
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A judgment becomes final ( fter tl{_al1f l }y riod for perf;lt{;g
an appeal, or ( n the sentence has been aVtYa ryof'i:otally served, or (c)
when the accused has waived his right to appeal in writing
probatio n (Sec. 7, Rule 120, Rules of Court).
New trial or reconsideration
Grounds for new
trail
orapplied for
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1.
The grounds for a new trial are: a) That errors of law or
irregularities
rrx--% prejudicial to the substantial rights of the accused have been committed
Br
during
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t]w trial; and b ew and material evidence has been discovered which
the
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used could not have discovered with reasonable diligence and
produced
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trial and which if introduced and admitted would probably
change
ejudgment (Sec. 2, Rule 121, Rules of Court).
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Grounds for reconsideration
1.
Requisites before a new trial may be granted on ground of newly discovered evidence
,.....
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New trial may be granted on the gr d of newly discovered
evid ·
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the following requisites are present: aytllat the evidence was discovere
t}. Uoi'JJI'A tria
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material, not
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t such evidence could not haYJ: Q n discovered and produ d
a
e
tri ith the exercise of reasonable diligen.c. e; c) th is
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merely cumulative, corroborative or impeaching; and evidence is of
such a
weight that it would probably change the judgment if admitted.
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after
g
a new trial or reconsideration
When a new trial is granted on the ground of errors of law or
irregularities
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the
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the
committed during the trial, all proceedings and evidence not affected by
commission of such errors and irregularities shall stand, BUT those
affected thereby shall be set aside and taken anew. The court may, in
the interest of
justice, allow the introduction of additional evidence;
p.r.
J.
When a new trial is granted on the ground of newly discovered evidence,
e"\
and such other
evidence already taken shall stand, and the newly discovered
\•
evidence as the court may, in the interest of justice, allow to be introduced,
shall
,.IJN e taken and considered together with the evidence already in the record;
v'' ¥
a
the
,
court grants new trial or reconsideration,
ori inal 'ud ment shall be set aside
d a new judgment rendered
accordingly
( e . , ule 121, Rules of Court).
Application of Neypes doctrine in criminal cases
1.
The Court deems it practical to allow a fresh period .of 15 days within
which to file the notice of appeal counted from -receipt of the order
dismissing a motion for a new trial or motion for recon sideration .
2.
The period for appeal is interrupted from the time a motian for new trial or
reconsideration is filed until notice of the order overruling the motion has been
served upon the accused or his counsel at which time the balance of the period
begins to run (Neypes vs. CA, G.R. No. 141524, September 14, 2005)..
3.
While Neypes involved the period to appeal in civil cases, the Court's
pronouncement of a "f resh period" to appeal should equally apply to the period
for appeal in criminal cases under Section 6 of Rule 122 of the Revised Rules
of Criminal Procedure, for the following reasons:
First, BP 129, as amended, the substantive law on which the Rules of
Court is based, makes no distinction between the periods to appeal in a civil case
and in a criminal case. Section 39 of BP 129 categorically states that "[t]he period
for appeal from final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the notice of the final
order, resolution, award, judgment, or decision appealed from." Ubi lex non
distinguii nee nos distinguere debemos. When the law makes no distinction, we (this
Court) also ought not to recognize any distinction. 17
Second, the provisions of Section 3 of Rule 41 of the 1997 Rules of Civil
Procedure and Section 6 of Rule 122 of the Revised Rules of Criminal Procedure,
though differently worded, mean exactly the same. There is no substantial
difference between the two provisions insofar as legal results are concerned - the
appeal period stops running upon the filing of a motion for new trial or
reconsideration and starts to run again upon receipt of the order denying said
motion for new trial or reconsideration. It was this situation that Neypes
addressed in civil cases. No reason exists why this situation in criminal cases
cannot be similarly addressed.
Third, while the Court did not consider in Neypes the ordinary appeal
period in criminal cases under Section 6, Rule 122 of the Revised Rules of
Criminal Procedure since it involved a purely civil case, it did include Rule 42 of
the 1997 Rules of Civil Procedure on petitions for review from the RTCs to the
Court of Appeals (CA), and Rule 45 of the 1997 Rules of Civil Procedure
governing appeals by certiorari to this Court, both of which also apply to appeals
in criminal cases, as provided by Section 3 of Rule 122 of the Revised Rules of
Criminal Procedure (Judith Yu vs. Hon. Rosa Samson-Tatad, G. R. No. 170979,
February 9, 2011).
Appeal
Effect of an appeal
1.
/
Anappeal in a criminal case opens the whole case for review and this
includes the review of the penalty, indemnity, and the damages involved.
Consequenlly, on appeal, the appellate court may increase the penalty,
indemnity, or the damages awarded by trial court, although the offended party
had not appealed from said award, and the party who sought a r view of the
decision was the accused.
Where to appeal
1.
The appeal to the RTC is by way of notice of appeal filed with the MfC which
rendered the judgment or final order and serving a copy thereof upon the
adverse party (Sec. 3, Rule 122, Rules of Court).
2.
The appeal to the CA is by way of notice of appeal filed with the RTC which
rendered the judgment or final order and serving a copy thereof upon the adverse
party. This mode applies where the judgment of the RTC was rendered in the
exercise of its original jurisdiction If the judgment of the RTC was in the
exercise of its appellate jurisdiction, the appeal shall be by a petition for review
under Rule 42 to theCA (Sec.3, Rule 121, Rules of Court).
3.
4.
Appeals to the Supreme Court shall be by petition for review on certiorari
under Rule 45 (Sec. (e), Rule 122, Rules of Court).
When the Supreme Court en bane cannot have the requisite majority on whether
to acquit the appellant, the case shall be deliberated upon anew. If no decision is
reached after re-deliberation, the decision of conviction of the lower court shall
be reversed and the appellant shall be acquitted (Sec.3, Rule 125, Rules of Court).
How appeal taken
a. Appeal to the Regional Trial Court: by filing a notice of appeal with the court
that rendered the judgment or order appealed from and serving a copy to the
adverse party;
b. Appeal to the Court of Appeals from decision of the Regional Trial Court in the
exercise of its original jurisdiction : by filing a notice of appeal with the court
which rendered the judgment or order appealed from and serving a copy to the
adverse party;
c. Appeal to the Court of Appeals in cases decided
the exercise of its appellate jurisdiction:
etition for review under Rule 42.
d. Appeal to the Court of Appeals in cases where penalty imposed is reclusion
perpetua, life imprisonment or where a lesser penalty is imposed but involving
offenses committed on the same occasion or arising out of the same occurrence
that gave rise to the more seri s offense for which the penalty of death orJife.
risonmept js imposed:
filing a notice of appeal with the Court of Appeals;
-v
e. Death penalty: automatic review by the Court of Appeals (A.M. No. 00-5-03-SC,
October 15, 2004).
f. Other appeals to the Supreme Court: by petition for review on certiorari.
Effect of appeal by any of several accused
a.An appeal taken by one or more of several accused shall not affect those who did
not appeal, except insofar the judgment of the appellate court is favorable
and apJ>licab!e to the latter; \)
..... ____
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appe l of the offended party from the civil aspect shall not affect the criminal
aspect of the jud gmen t or order appealed f rom;
c. Upon perf ection of the appeal, the execu tion of the judgment or final order
appealed from shall be s!.:red as to the appealing P·
f
. · 1 f
1
Groun dS for dlSffilSSa 0 appea
fi'/A
The ground s are: a) failure on the part of the a
1.
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c.
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to file brief within
the reglementary period, excep t when he is represented by a counsel de offi cio;
b) escape of the appellan t from pr ison or confinement; c) when the appellant ju
mps bail; and d) flight of the appellant to a foreign country during the
pendency of the appeal.
Search and seizure
Nature of search
warrant
A search warran t is an order in wr iting issued in the name of the People
1.
of the Philippines, signed by a j udge and directed to a peace off icer, commanding him to
search for per sonal property described therein and bring it before the court (Sec. 1, Ru
le
126, Rules of Court).
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Dtstingmsh from warrant of arrest ....
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fo the pe; uof ficer lo execute the j;t {;;-
Warran t of arrest is an order directed
warrant by ta king the person stated therein into custody that he may be bound to
answer for the comm ission of the offense. Search Warrant is an Order in writing
in the name of the RP signed by the judg e a n d d i rected to the peace officer to
search person al property described therein and to bring it to court. (Sec.1, Rule
2.
126, Ru les of Court).
Warrant of arrest does not become sta ke. Search Warrant is valid for 10
days only (Sec. 9, Rule 126, Ru les of Court).
3.
4.
place
to
searched.
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be
,.,
In issuin g warran t of arrest,
· ation of witnesses is n·ot
necessary . ln search warrant, the judge must ersonall
5.
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eonduct an examination
of the complainanl and the wih'tesses.
·
/in issuin g warrant of arrest, the j ud ge is merely called upon to examine
and evalu ate the report of the fisca l and the evidence. In search warra n t,
the examination by the j ud ge must be probing . Not enough to merely
adopt the questions and answers asked by a previous investigator.
fA
·
Application for search for search warra nt, where filed
territorial jurisdiction
,{\
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....
e crime was committed (Sec. 2 (a), Rule 126, Rules of
Court). The exceptions to the general rule are: ompelling reasons, it can be
filed with the court within whose judicial region the offense wls committed or
where the warrant is to be ser
if the criminal action has already been
filed, the application for search warrant an onlJ( he m de in the court where
· g; c) in case of search warrants involving heinous
crimes, illegal gambling, illegal possession of firearms and ammunitions as well
as violations of the Comprehensive Dangerous Drugs Act of 2002, the
Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff
and Customs Code, the Executive Judges and, whenever they are official leave
of absence or are not physically present in the station, the · e-Executive Judges
of the RTC of manila shall have authority to act on applications filed by the
NBI, PNP and the
Anti-Crime Task Force (ACTAF) (Sps. Marimla vs. People of the Philippines, G.R.
S'V\1_ bt_ \VttltJL t'n CI\A 4
No.·158467, Oct. 16, 2009).
Probable cause
No
1.
(A.
·
fers to tne facts and circumstances which could lead a
reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense in the place
sought to be searched. The basis must be the rsonal knowledce <g, the
complainant or the witnesses he may produce and not based on mere hearsay.
4
;:e
The test of sufficiency of a deposition or affidavit is whether it has been drawn in
a manner that perjury could be charged thereon and the affiant be held liable for
damage caused.
Personal examination by judge of the applicant and witnesses
1.
his
witnesses to deter
2.
Deportation of illegal and undesirable aliens, whom the President or the
Commissioner of Immigration may order arrested, following a final order of
deportation, for the purpose of deportation (Haruetj vs. Defensor-Santiago, G.R. No.
82544, June 28, 1988).
Particularity of place to be searched and things to be seized
1. · The purpose of the o
discretion regardjpg w
"unreasonable
D
n TTIJ
J
leave the officers of the law with no
cles they shall seize, to the end that
n 1.r -------
-----
. .
searches and seizures" may not be made - that abuses may not be committed
(Stonehill vs. Diokno, G.R. No. L-19550, June 19, 1967).
2.
Test to determine particularity: a) when the description therein is as
specific as the circumstances will ordinarily allow (People vs. Rubio, G.R. No. L35500, Oct. 27, 1932); b) when the description express a conclusion of fact- not of
law which the warrant officer may be guided in making the search and seizure;
and c) when the things described are limited to those which bear direct relation
to the offense for which the warrant is being issued.
Perso al prop:::•
4b
S"
tf'
_
nds of property to be seized by virtue of a warrant: a) subject of the
offense; b) stolen or embezzled and other proceeds or fruits of the offense; c) the
means used or intended to be used for c.QJ:nmitting an offense.
Exceptions to search warrant requirement
a) Search incidental to lawful arrest
1.
Sec. 13of Rule 126 specifically enumerates the allowable scope of a search
incident to a lawful arrest. The provision limits the search to the following: (a)
dangerous weapon s; (b) anything which may h ave been used in the conunission
of the offense; (c) anything which constitute proof in the commission of the
offence.
b)
1/
1.
Consented search. /
The consent to a warrantless search must be voluntary, that is, it must be
unequivocal, specific and intelligently given, uncontaminated by any duress or
coercion. Consent to a search is not to be lightly inferred, but must be shown by
clear and convincing evidence (Valdez vs. People, 538 SCRA 611, November 23,
2007).
c) Search of moving vehicle
1.
A warrantless search on a moving vehicle is justified on the ground that "it is
not practicable to secure a warrant because the vehicle can be quickly moved out
of the locality or jurisdiction in which the warrant may be sought" (People vs.
Tuazon, 532 SCRA 152, September 3, 2007).
d) Check points; body checks in airport
1.
Searches conducted on checkpoints are valid for as long as they are warranted by
the exigencies of public order and are conducted in a way least intrusive to
motorist. For as long as the vehicle is neither searched nor its occupants
subjected to body sea rch, and the inspection of the vehicle is limited to
visual search, said routine checks cannot be regarded as violative of an
individual's right against unreasonable search (People vs. Vinecario, G.R. No.
141137, January 20, 2004, 420 SCRA 280).
e) Plain view situation
1.
Under the plain view doctrine, objects falling in the plain view of the officer
who has the right to be in the position to have that view are subject to
seizure and may be presented as evidence. The plain view doctrine applies when
the following requisites concur: (1) the law enforcement officer in search of the
evidence has prior justification for an intrusion or is in a position from which he
can view a particular area: (2) the discovery of the evidence in plain view is
inadvertent; (3) it is immediately apparent to the officer that the item he observes
may be evidence of a crime, contraband or otherwise subject to seizure ( Judge
Felimon Abelita, III vs. PI Supt. German Doria and SP03 Cesar Ramirez, G.R. No.
170672, August 14, 2009).
I
£) Stop and frisk situation
1.
A stop-and-frisk situation must precede a warrantless arrest, be limited to the
person's outer clothing, and should be grounded upon a genuine reason, in the
light of the police officers experience and surrounding conditions, to warrant the
belief that the person detained has weapons concealed about him (Valdez vs.
People, 538 SCRA 611, November 23, 2007).
g) Enforcement of custom laws
Routine customs searches require no warrant or no probable cause, though
extended detention of travelers must be justified by reasonable suspicion (United
1.
States v. Montoya de Hernandez, 1985).
Remedies from unlawful search and seizure
1.
The following are the remedies for an unlawful search and seizure: a) a
motion to quash the search warrant; b) motion to suppress as evidence the
objects illegally taken (exclusionary rule - any evidence obtained through
unreasonable searches and seizures shall be inadmissible for any purpose in any
proceeding); and c) replevin, if the objects are legally possessed.
Provisional remedies
Nature
1.
The provisional remedies available in civil cases may be availed of in a
criminal case in connection with the civil action deemed instituted with the
criminal action (Sec. 1, Rule 27, Rules of Court).
2.
The offended party may have the property of the accused attached as
security for the satisfaction of any judgment in the civil aspect of the case. The
reasons to support the rttlachment are the following:
(a)
The accused is about to abscond from the Philippines;
(b)
The criminal action is based on a claim for money or property embezzled
or fraudulently misapplied or converted to the use of the accused who is
a public officer, officer of a corporation, attorney, factor, broker, agent or
clerk, in the course of his employment as such, or by any person in a
fiduciary capacity, or for a willful violation of duty;
When the accused has concealed, removed, or disposed of his property,
(c)
or is about to do so;
(d)
.When the accused resides outside the Philippines .
Kinds of provisional remedies
a . Attachment;
b. Injunction;
c. Receivership;
d. . Delivery of personal property;
e. Support pendente lite.
-oOo-
General matters
Distinguish jurisdiction over subject matter from jurisdiction over person of the accused
Jurisdiction over the SJJbject
1.
er refers to the p_utbority of the court
to and octermine a particular criminal case, whereas, jurisdiction over the
eerson of the accused refers to the authority of the court, not over the subject
matter of the criminal litigation, but over the person charged. This kind of
jurisdiction requires that "the person charged with the offense must have been
brought in to its forum fur ,!rilll, forcibly by ;warrant of t or upon his
volun
-
rv
S
-
bl.bm
.
issi on to the court (Antiporda vs. Garchitorena, 321 SCRA 551).
·
r
';--
2.
Jurisdiction over the s er is derived from the . It can never
be acquired solely by consent of the accused. Jurisdiction over the person of the
accused may be acquired by .conseJ.lt of the accused or by waiver of objections.
Requisites for exercise of criminal jurisdiction
1.
The following are the basic uisites before a court can acquire jurisdiction over
criminal cases: (1) juri sdiction over the SJJ.bject matter; (2) jurisdiction over the
territory; and (3) jurisdiction over the person of t!:te accused.
The cou rt acquires juri sdiction over the ubject matter if the offense, by virtue of
the penalty prescribed or its nature, is one which the court is by law authorized to t!
_ke cowizance of. It is the power to and deJermine...s:a.sfS of the general
class to which the proceedin g in question belong and is confef(ed by the
2.
SQMerejgn authority which organizes the court and defines its powers. It is
conferred by law,W.by the consent of the parties.
For jurisdiction over the territory to be acquired the offense must have been
3.
committed or any of its essential elements took place within the ,1pritorial
jurisdiction of the court. It
t
be wa ived and where the place of
the commission was Wlt spesifically charged, the place may be shown by
evidence. It is the I
of the geographical boundarie s of a place within
which a court has jurisdiction to act judicially and outside of wbich its
judicial acts are null .and void.
4.
For jurisdiction over the person of the accused the rson charged with
the offense IJ)htst have been brought to its presence for h·iaiftordbly by warrant
of rrest or pon his voluntary submis sion to th e court. It may be deemed
waived if the accused fails to mak e a seasonab l e objection thereto. Similarly,
one
who desires to object to the jurisdiction of the court over his person must
appear in court.
Jurisdiction of criminal courts
1.
The Municipal Trial Court (MTC), under Republic Act 7691 (R.A. 7691), has
exclusive original jurisdiction over offenses punishable with imprisonment not
exceeding six (6) years regardless of the .fine. and other accessory penalties and
civil liability. Under Batas Pambansa 129 (BP 22), before the amendments
introduced by R.A. 7691, the jurisdiction of the MTC was for offenses not
exceeding four (4) years and two (2) months and 1 day/or a fine not exceeding
P4,000.00.
2.
In cases where the only penalty provided by law is a fine. the MTC has e?
fClusive original jurisdiction over offenses punishable with a fine not exceeding
P4, 000.00.
3.
The MTC also has exclusive original jurisdiction over all violations of city
or municipal ordinances committed within its respective territorial jurisdiction.
The MTC also ]$fs a special jurisdiction to hear and decide petitions for a writ of
() habeas corpus or applications for bail in the province or city w.here .the RTC judges
are.absent.
4.
In addition, the followin-" cases should also be filed with the MTC: Cases
involving llf..22; and bYOffenses involving damage to property through
criminal negligence (B.E.. 129 as amended by R.A. 7691).
5.
The RTC shall exercise original jurisdiction over criminal cases not within the
jurisdiction of any court, tribunal or body. This is because the RTC is a court of
general jurisdiction.
6.
The following are cases under the exclusive original jurisdiction of the
Sandiganbayan: (a) violation of RA 3019 as amended (Anti Graft and Corrupt
Pr ctices Act) and RA 1379 (,An Act Declaring Forfeiture in favor of the state any
property found to have been WJ.lawfully acquired by Public Officer or Employee
and providing for the procedure therefore, which prescribes the penalties for
violation thereof); (b) other es or felonies, whether simple or complexed
with other crimes, committed by public officials and employees mentioned in
Sec. 4 (a) PD 1606 as amended by RA 7975 in relation to their office; (c) crimes
mentioned in Chapter 2 Section 2 Title VII Book 2 of the Revised Penal Code i.e.
Art. 210: y, Art. 211: Indirect Bribery, Art. 212: Cormption of Public
Officials.
When injunction may be issued to restrain criminal prosecution
1.
Criminal prosecutions may not be restrained or
by injunction,
preliminary or final. The reason being, public interest requires that the .aiminal
be immediately investil'ated and prosecuted for the protection of th ty
(Domingo v. Sandiganbayan, G.R. No. 103276, April 14, 1996), unless: ""it is.
necessary to afford. adeqyate protection to the constitutional ts of the
,...
accused; B When pecessary for the orderl):0l'dministration of justice or to....rumid
op.pression or mul ty of .a.ctiQns; When there is a prejudicial question
which is stZjudice; 8) When the of the officer are without or in ess of
authority; When the wosecution is under an !nvalid..Aaw, ordinance or
regulation, l) When double jeop is clearly apparent;
When the .cQurt has
no jurisdiction over the offense; h) When it is a case of persecution rather than Prosecution ; i
en the charges are manifestly false and motivated by the lust
C
for ven eance; ) When there is clearly n
rima acie cas a ain
d and
a rqption to quash on that ground has been denied; ) Prevent the threatened
unlawful arrest of petitioners (Brocka v. Enrile, G.R. Nos. 69863-65, Dec. 10, 1990).
Prosecution of offenses
Criminal actions, how instituted
1.
The institution of a criminal action depends upon ..w.h.ether or .not the
offense is one which requires a preliminary investigation (Sec. 1, Rule 110, Rul es of
Court). Where a preliminary investigation is
red, a criminal action is
instituted by filing the Q;)mplaint with the proper officer for the purpose of
conducting the requisite preliminary investigation (Sec. 1, Rule 110, Rules of
Court).
/
2.
Where a preliminary inves ation is not required, a criminal action is
instituted in either of two ways: .iiling the complaint or information directly
with the Municipal Trial Court or Municipal (:ircuit Trial Court (MCTC), or
b) by filin the complaint with the pffice of the prosecutor (Sec. 1, Rule 110,
Rules of Court).
3.
A query that is of ten involved at this junctur e is why the rule makes
reference only to the Municipal Trial Court and the Municipal Circuit Trial as
the courts in which offenses may be prosecuted by the direct filing of the
information or complaint. The Regional Trial Court and the Metropolitan Trial
Court (MeTC) arc not mentioned in the rule.
4.
The
is obvious. There is no direct filing of an information or complai.Q.t with
the Regional Trial Court bequse its jurisdiction covers offenses which require
preliminary investigation.
A preliminary investigation is to be
conducted for offenses where the penalty prescribed by law )s at least four {4)
years, two (2) months and one (1) day (Sec. 1, Rule 112, Rul es of Court). The
Regional Trial Court has jur djction over an offense punishable with
impris<}nmcnt of more than six (6) years, way above the minimum penalry for an
offense that requires a preliminary investig?tion. On the other hand, the
Municipal Trial Court has e.xclusive jurisdiction over offenses punishable with
imprisonment not exceeding six (6) years (Sec. 32[2], Judi ciary Reorganization
Act of1980 [BP 129]).
5.
There is likewise no direct filing with the Mch·opolitao Trial Court because
in Manila , including other chartered cities, the complaint, as a rule, shall
be filed with the office of the prosecutor, unless otherwise 12rovjded by their
.charters (Sec. 1, Rule 110, Rules of Court). The rule is that in chartered cities, the
complaint shall be filed with the prosecutor but in case of a s;onflict between a
city charter and a provision of the Rules of Court, the former. being substantive
law, shall prevail .
Who may file them, crimes that cannot be prosecuted de officio
1.
The prosecution of adultery and concubinage is done upon a comJllaint filed by
the offended spouse.The rule stresses that the action cannot be instituted against
one party alone. It must be instituted against both ilty parties, lJllless one of
them is no longer alive (Sec. 5, Rule 110, Rules of Court).
2.
The offense of adultery and concubinage may not be instituted if it is shown
that the offended party has consented to the offense or has pardoned the
offenders (Sec. 5, Rule 110, Rules of Court). Since the rule does not distinguish,
the consent or pardon may either be expressed or implied.
3.
The offenses of sed11ction, abduction and acts of lasciviousness shalUlm. be
wosecuted except upon a a)mplaint filed b.Y the offended party or her
p.arents. grandparents o.r_gua.I:dia nor, in any case, iWWL.ggender has been
expressly par,doned by them (Sec. 5. Rule 110, Rules of Court). Note that the
P.ardon must be expressly made. It is clear that an implied pardon is !!Q!.
contemplated under Section 5 of Rule 110.
4.
If the offended dies or b mes incapacitated before she can file the
complaint, and she has no lsnown parents, parents or guardian, the S1il1e
shall initiate the criminal a.ctian in her behalf (Sec. 5, Rule 110, Rules of Court).
5.
Also, under Section 5 of Rule 110, the offended party, even if a minor, has the
right to initiate the prosecution of the off ense, independently of her parents,
grandparents or guardian except if she is incompetent or incapable of doing so
(Sec. 5, Rule 110, Rules of Court).
6.
Where the minor faUs to initiate the prosecution of the offense, the
complaint may be filed by the minor's parents, grandparents or.guardian in the
successive order mentioned. This right to ..fik.the complaint shall be exclusive of
all other persons t with respect to the .,W!e under the conditions in the
immediately preceding paragraph (Sec. 5,Rule 110, Rules of Court).
7.
8.
The crime of raBe is no longer a private crime. Hence, it no longer
quires the filing of a complaint by the offended party or her. parents,
andparents or SU;ardian (Sec. 5 of Rule 110, 3rd paragraph). Under Sec. '2 of the
ti-Rape Law of 1997 (RA 8353), the crime of mpe is now classified as a crime
against
persons.
In complex crimes, where one of the component offenses is a private crime
and the other a public offense, the l may initiate the proceedings
officio. The n therefore is that since one of the component offenses is
a
public crime, the latter should prevail, public interest being always paramount to
wivate interest.
9.
Under Section 27 of Re
·
0, complaints on cases of unlawful
acts menti01jcd in the law c mitted against childr r/may be filed by the
following: 'if) _offended party; ) -rarents or guardians/ c.•{ ascendant, or collateral
relative within the third degree of consanguinity; .dyofficer, social worker or
re ntative of a licensed child-caring institution; fl}' ojficer or social worker oJ
the D partment of Social Welfare and Development; f{barangay chairman; ort)
at least three (3) concerned, ponsible citizens where the violation occurred.
10.
The defamation under this rule (Sec. 5, Rule 110, Rules of Court) consists
only in the imputation of the offenses of adultery, concubinage, .seduction,
ab,duction
and acts of lasciviousness (Sec.5, Rule 110, Rules of Court).
;:;
11.
The criminal ru:.fum for defamation und er the rule shall be at the instance
of the offended party only and upon a complaint filed by said offended party i.e.,
only the offended party can file the complaint (Sec. 5, Rule 110, Rules of Court).
12.
Where the offense is a violation of a special !aw,-'the same shall be
prosecuted pursuant to the provisions of said law (Sec. 5, Rule 110, Rules of Court).
J(JVI4
r
Criminal actions, when enjoined
Criminal actions are deemed enjoined:
l.
t
.6-fr- '-:5
when the;zo rt through its
sound ctiscretjon de ) such criminal actio;Yenjoined; (l) when there is a
r.rejudicial question ; (Jf motion to quash; or (If) .d mble jeopardy .
Control of prosecution
A criminal action is prosecuted under the direction and control of the
prosecutor. This is the general rule and this ap.plies to a criminal action
commenced either by a comp laint or an information (Sec. 5, Rule 110,
Rules of
I
Court). Even H Lhere is a private prosecutor, the criminal action is still prosecuted
under the direction and control of the public prosecutor.
1.
The appointment of a P-fivate prosecutor is don e by the offended party and is
the mode by which the latter intervenes in the r.rosecution of the offense. This
intervention is however, only allowed where the ciyil actjon for the recovery of the
civil liability is instituted with the criminal action pursuant to Rule 111 (Sec.
16, Rule 110, Rules of Court). Hence, the offended party may not intervene in tjte
prosecution of the offense through a private prosecutor if the offended party v{a)
waives the civil action, (b) reserves the right to institute jt separately, or (c)
institutes the civil action prior to the criminal action .
2.
Sufficiency of complaint or information
1.
A csfmplaint or information is deemed sufficient if it contains the
following: ) the name of the accused; if the offcns<" is committed by
than one person, all of them shall be included in the complaint or information ;
b) the
designation of the offense given by te;.c) the cts or omissi s complained
of as constituting the offense; d) the name of the offended party; e) the
approximate date of th commission of the offense; and e place where the
offense was committed (Sec. 6, Rule 110, Rules of Court).
Designation of offense
1.
In designating the offense, the following rules must be observed: e
--designation of the offense requires, as a rule, that the name given to the offense
by statute must be stated in the complaint or information . If the statute gives
no designation to the offense, then reference must instead be mad the sec on
or
subsection punishing it (Sec. 8, Rule 110, Rules of Court); t.6)' included in the
complete designation of the of se is an averment of the acts or omissions
constituting the offense (Ibid); the present rule also provides for a
mandatory requirement i.e., that the complaint or information must specify
qualifying
<!J1d aggravating circumstances of the offense (Ibid); and
) the twin
circumstances of minority and ..relationship under Article 335 of the Revised
Penal Code, as amended by R.A. No. 7659, are in the nature of qu g
>
circumstances because they alter the nature of the crime of rape and incrsase the
nalty. As special alifying circumstances, they must be specifically pleaded
or alleged with certainty in the information; xxx If the offender is merflY a
relation,..- not a pp.rent, ascendant, step-parent, guardian, or common law
spouse of the mother of the victim - the specific relationship must be
alleged in the information, i.e., that he is "a relative by consanguinity or
affinity [as the case may be] within the third civil degree."
Cause of accusation
1.
In informing the accused of the cause of accusation against him, it is not
necessary to employ the words used in the statute alleged to have been violated.
It is sufficient for the complaint or information to use ordinary and concise
Ian a e suf · ient to enable a erson o
on understanding tO: know the
following: ) the offense being chA._;ged; (Iff cts or omissions complained
of
as constituting the offense; and (c(the. qualifying and aggravating
circumstances
(Sec. 9, Rule 110, Rules of
Court).
Duplicity of the offense; exception
1.
The general rule is that a complaint or information must charge only one
offense. More than one offense may however, be charged when the law
prescribes a single punishment for various offenses (Sec. 13, Rule 110, Rules of
Court).
.;
2.
When two or more offenses are charged in a single comE!_aint or information,
the accused must object to such fact before trial. If he does not so
object the court ma y cgnvict him of as many offenses as are charged and proved,
aQ,d impose on him the penalty for each offense (Sec. 3, Rule 120, Rules of Court).
Amendment or substitution of complaint or information
;.'-LvJ
·
e,
W/ol-L
J.---
The general rule is that any amendment, formal or substantial, befor,e the
1.
accused enters his plen may be done without leave of court (Sec. 14, Rule 110,·
e. ecqvY
d
Rules of Court). xception oyever as provided by the rules is that any
amendment before plea , wh ich <fowngrades the nature of the ffense charged in
or exclu des any accused from the compla int or infor mation can be ma;ie only_
;f:lt VtflfM/IolGl
oon motion bv the prosecutor , with notice to the of!ended party and w ith leave
of court (Ibid).
After the accused enters his plea onlx formal amendment provided that
2.
f
dt.J..PJ..
leave of court is obtained and such amendment is not prejudicial to the rights of..!) (.,
Mw"e Piu{ /W/ 6 U
a..1 J
cri e charged in the mrormation or upgrades it to a high er crime, in which case,
nr t{Jl\L
-
the accused. Exception: when a ct supervenes which ;hanges the nature of the
amendment as to substance may be made but there is a need for another
.J,,.. .J-JJ 3
r
trr"
'fC" ,LEf+
aYJl'c}-
a':"n!:': ::\ Zhere it neither affects nor alters the nature of
basic theory of the prosecu tion.endment is in substa nce where it covers'
matters involving th l of fac onstituling the offense char d and
Aug. 6, 1975).
If it appears at any time before j ud gment that a mistake has been made
JJ·.
in c ng the proper offense, the court shall dismiss the original complaint
or information upon the filing of a ne w one charging the proper offense,
provided
5.
J.shall
J not be placed in double jeopardy
How/ver n
b
(Sec. 14,Rule 110, Rules ofbc.:-accused
Court).
i all1e :nly when Z;ent as yet been
rendered;
th«&. acc!JSCd cannot be convicted of the offense charged or any
other offense necessarily includ ed therein; and c) The accused would not be
placed in double jeopardy (Sec.14, Rule 110, Rules of Court).
6.
n
:1·. '
ar.raignment of the accused under the amended information.
th
nse charged or where the charge does notlMeprive the accused of a fair
opportunity to present his defens r where it does not involve a change in the
determinative of the jurisdic tion of the court (Almeda v. Villnluz, G.R. No. L-31665,
cup}
'b
The J;est to determine 11roeriety of amendment af ter plea areo (w;,cn a
dgfense u nder the comp laint or information, as it ori in I
stood, would no
l nger be available after the nmendment is made; and b) hen any ev idence the
{
1
a
c
cused might h ave, would be inapplicable to the compla int or information as
amended (People v. Montenegro, G.R. No. L-45772, Mar 25, 1988).
Venue of criminal action
1.
Venue in criminal cases is jurisdictional. The general rule is that the
offender must be _prosecuted in the territory where the offense or
of its
elements are committed This may IWt b the case on the following:
00JVhere the
offense was committed under Artlc)E{2 of the Revised Penal Code; Min cases of
piracy - "hostes humani generis "; EC} Where an offense is committed on a railroad
train, in an aircraft! or in any other public or private vehicle while in the course
of its trip, the criminal action may be in:atityted and tried in the court of any
municipality or territory where such train, aircraft or other7ehide passed during
such trip, its pla,e of departure or its place of arrival; 1({1) where an offense is
committed on board a vessel in the course of its voyage, the criminal action may
be instituted and tried in the proper_court of the first port .of entry or .of-ans
municipality or territory through which the vess.el passed during such voyage
subject t9 the generally a septed principles pf international law; (e) the Supreme
CouFt has the power under the C
of trial to avoid a miscmz tice; in cases of written defamation under
RA A363 or Jibe}; and
g))-
·
rl under B P 22.
.
2.
As a rule, ·the criminal y&on shall be instltuted and tried in the yourt of the
municipality or territory (a) wh
th e offense was committed, or (f)) where
an
tial in redients occurred .This rule is however, subject to existing
laws (Sec. 1 (a), Rule 110, Rules of
Court).
3.
Where an offense is committed in a train, aircraft, or vehicle, whether public
or private, the criminal action shall be instituted and tried in the court of
any municipality or territory where such train, aircraft, or other vehicle passed
..
during its trip, including the place of its departure and arrival. Note that this rule
applies when the offense is committed in the course of the trip of the train,
aircraft or vehicle (Sec. 15(b), Rule 110, Rules of Court).
Where an offense is committed on board a vessel, the criminal action shall be
instituted and tried in (a) the court of the first port of entry, or (b) the
municipality or territo.ry where the vessel passed during its voyage. This rule
applies when the offense is committed during the voyage of the vessel and is
subject to the generally accepted principles of international law (Sec. 15(c), Rule
110, Rules of Court).
4.
5.
scommitted outside the Philippines but punishable under Art. 2 of
the Revised Penal Code shall be cognizable by the court where the criminal
action is first filed (Sec. 15(d), Rule 110, Rules of Court).
Int rvention of offended parry
V\"+
--------..,""''C· ··- --------- ·.-.-
J-6 .(. AA V\0
(Vl.\eY"V
CA'v;,l
caR
( vt!-Wed.
The offended party may intervene in the prosecution of the offense. This
1.
right to intervene presupposes that civil action is instituted with the criminal
action (Sec. 16, Rule 110, Rules of Court). In other words, if there is no civil action
instituted with the criminal action because the same has been_ waill..ed , filed
a
of the_criminal action or filed separately, such intervention cannot be
dime.
2.
If however, - the ciyil action for damages filed separately from the crim.in.al
action is based upon an independent civil action under Articles 32, 33, 34 or 2176
of the Civil Code, the right to intervene is not lost because the subject of the suit
does not arise from the crime. The c vil action to recover civil liability arising
from the offense charged is"not the one separa"tely filed (Philippine Rabbit vs.
People, 427 SCRA 456).
Prosecution of civil action
Rule on implied institution of civil action with criminal action
1.
When a criminal action is instituted, the civil action for the recovery of the
civil liability is @emed instituted. But the phraseology of the present rule
indicates that it is on\y the civil liabilitl{ arising from the offense charged which is
deemed instituted with the criminal acfon (Sec. 1, Rule 111, Rules of Court). The
exceptiops to the foregoing rule are: a{ when the offended party waives the
civil
action; .6) who/' the offended party reserve s his right to institute a separate
civil action; and /.) when the offended party institutes a civil ,action prior
to the criminal action.
/
2.
Reservation shall be made: before the prosecution starts to present its
evidence; and b) und er circuni.stanccs affording the offended party a reasonabl
e opportunity to make such reservation.
·
3.
No reservation to file the civil action separa tely shall be allowed in:
a
able by the Sandiganbayan ; and c) ta x cases.
When civil action may proceed independently
1.
The civil actions which have sources apart from the crime like quasideli.cts (culpa aquilimw ) and independent civil actions under Articles 32, 33, 34
and 2176 of the New Civil Code are not d eemed jnstih1ted with the criminal
action and may be brou ht separately by the offended party. They shall proceed
independently of the criminal action and require only a preponderance of
evidence (Sees . 1 and 3 of Rule 111, Rules of Court). They need n ot be
reserved (Neplum vs. Orbeso, 384 SCRA 466). The rulin gs in Maniag o vs . CA,
253 SCRA 674,
-0
•
..:"I
sy6
,
•
,.
•
\'f.,
and
Ildefonso Lines, Inc. vs. CA, 289 SCRA 568, are
cases
rerred reservation even in·cases of quasi-delicts and independent civil
actions. When separate civil action is suspended
After the filing of the criminal action, the civil action which has been reserved
cannot be instituted until final judgment .has been. rendered in the criminal
action (Sec. 2 Rule 111, Rules of Court). If the civil action is instituted b«fore the
filing of the criminal action and the criminal action is subsequently commenced,
the pending civil action shall be suspended until final judgment in · th@Crirninal action has been rendered.
1.
However, civil action enjoys preference in the following: a) in cases of
independent civil actions based upon Arts. 32, 33, 34 and 2176 of the Civil Code;
b) in cases where the civil action presents a prejudicial question; c) in cases
where the civil actiot:t is eonsolidated with the criminal action; and d) where
the civil action is not one intende to enfor e !he civil liability arising from the
offense.
2.
Acguittal in a criminal case does not bar the filing of the civil case in the following
circun:'stances: (1) the acquittal is based on reasonable doubt, if the civil case has
been reserved; (2) the ecision contains a declaration that the liability of the
CJCCUsed is not criminal but poly civil in nature; and (3) the civil liability js not
derived from or based on the criminal act of which the accused is aQJUitted (Sapiera
v. CA, G.R. No. 128927, September 14, 1999)
3.
Extinction of the penal action does not_carry with it the extinction of the
civil action, unless the extinction proceeds from a declaration in a final judgment
that the fact from which the civil liability might arise did not exist.
Effect of the death of accused or convict on civil action
1.
ing are the effects of the death of accuse or convict on a civil action· a) after arraignment and
during the pendency of the criminal action such death extinguishes the civil
liability arising from delict, except where civil liability is predicated on other
sources of obligations such as law, contract, quasi contract and quasi-delict
(Sec.4, Rule 111, Rules of Court); (b) before arraignment, the case shall be
dismissed without prejudice to any civil action the offended party may file
against the estate of the deceased; (c) pending appeal of his conviction such
death extinguishes his criminal liability as well as the civil liability based
solely thereon; (d) prior to final judgment death terminates his criminal
liability and only the civil liability directly arising from and based solely on the
offense committed; (e) after final appeal the pecuniary liabilities of the
accused are not extinguished . Claims shall be filed against the estate of the
accused.
Prejudicial question
Prejudicial Question is one which arises in a case, the resolution ·of which is
1.
a logical antecedent of the issue involved therein and the cognizance of which
pertains to another tribunal. The following are its elements:
vil
action
,!!lUSt be instituted prior to the criminal a':!!on; b) the civil action involves an
issue similar or intimately related to the issue raised in the subsequent criminal
action; and c) the resolution of such issue determines whether or not the criminal
action may proceed (Sec. 7, Rule 111, Rul es of Court).
Rule on filing fees in civil action deemed instituted with the criminal action
Filing fees apply when damages are being claimed by the offended party.
1.
The follo 11marizes the rule on filing fees:
<.'No filing fees are required for amounts
f actual damages, except with
respect to criminal actions for violation of BP 22 in which case, the
offended party shall pay in full the filing fees based on the face value of
the check as the actual damages;
b. If damages, other than actual (moral, exemplary and other damages), are
specified in the complaint or information, the corresponding filing fees
shall be paid;
c. Where moral, exemplary and other damages are not specified in the
complaint or information (the g rant and amount thereof me left to the
sound discretion of the trial court), the correspond ing filing fees need not
I
be paid and shall simply constitute a first lien on the judgment awarding
such dama ges (Sec. 1(b), Rule 111, Rules of Court)
.
Preliminary investigation
Nature of right
1. The holdin g
of
a
prelimin ary
investigation
is
not
required
by
the
Constitution. It is not a fundamental right and is not among those rights granted
in the Bill of Rights. The right thereto is of a statutory character and may be
invoked only when specif ically created by statute (Marinas vs. Siochi, 104
SCRA 423). But while the right is statutory rather than constitutional, since it
has been established by statute, it becomes a component of due process in
criminal ju stice (Doromal vs. Snndiganbnyan, 177 SCRA 354).
··f
:
'
Purposes of preliminary investigation
1.
Preliminary investigation is an inquiry or a proceeding to determine
whether there is sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof, and_ should
be held for trial (Sec. 1, Rule 112, Rules of Court).
2.
A preliminary investigation is not a trial but is, in certain cases, the initial step
towards the criminal prosecution of a person. It is a m-ere inquiry or a
proceeding which do not involve - the examination of witnesses by way of direct
or cross-examinations . Its purpose is not to dete e the guilt of the respondent
beyond reasonable doubt, but to determine (d)whether or not a crime has been
committed, and the respondent is probably guilty of said crime.
3.
The purposes of preliminary investigation are the following: (a) for the
investigation prosecutor to determine if a crime has been committed; (b) to
protect the accused from the inconvenience, expense and burden of defending
himself in a formal trial unless the reasonable probability of his guilt shall have
been first ascertained in a fairly summary proceeding by a competent officer; (c)
to secure the innocent against hasty, malicious and oppressive prosecution, and
to protect him from an open and public accusation of a crime, from trouble,
expenses _ and anxiety of public trial; (d) to protect the state from having to
conduct useless and expensive trials.
Who may conduct the determination of existence of probable cause
1.
Under A.M. No. 05-8-26-SC effective October 3, 2005, only the following
may conduct preliminary investigations : (a) Provincial or City Prosecutors
and their assistants; (b) National and Regional State Prosecutors; and (c) other
officers as may be authorized by law.
Resolution of investigation prosecutor
1.
If the investigating prosecutor finds cause to hold the respondent for trial,
he shall prepare the resolution and information. He shall certify under oath in
the information that he, or as shown by the record, an authorized officer, has
personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the
accused is
probably guilty thereof; that the accused was informed of the complaint and of
the evidence submitted against him; and that he was given an opportunity to
submit controverting evidence. Otherwise, ne shall recommend dismissal of the
complaint.
Within 5 days from his resolution, he shall forward the record of the case
to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan
in the exercise of its original jurisdiction. They shall act on the resolution within
10 days from their receipt thereof and shall immediately inform the parties of
such action.
complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or approval of the
provincial or city prosecutor or chief state prosecutor or the Ombudsman or his
deputy .
re
the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provinci al or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy on the
ground that a probable cause exists, the latter may, by himself, file the
information against the respondent, or direct another assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation
(Sec. 4, Rule 112, Rules of Court).
Revi w
1.
If upon petition by a proper party under such rules as the Department of
Justice ma y prescribe or motu proprio, the Secretary of Justice reverses or
modifies the resolution of the provi ncial or city prosecutor or chief sta e
prosecutor, he shall direct the prosecu tor concerned either to file the
corresponding information without conducting another preliminary
investigation, or to dismiss or move for dismissal of the complain t or
information with notice to the parti es. The same rule shall apply in
preliminary investigation conducted by the officers of the
Office of the Ombud sman (Sec. 4, Rul e 112, R ules of Court).
When warrant of arrest may issue
1.
A warrant of arrest may be issued by the Regional Trial Court within 10 days
from the filing of the complaint or information; the jud ge shall personally
evaluate the resolution of the prosecutor and its supporting evidence: (1) he may
immediately dismiss the case if the evidence on record clearly fails to establish'
probable cause; (b) if he finds probable cause, he shall issue a warrant of arrest,
or a commitment ord er if the accused has already been arrested pursuant to a
warrant issued by th e judge who conducted the preliminary investigation or
when the complaint or information was filed when the accused w as lawfully
arrested without warrant.
In case of doubt on the existence of probable cause, the judge may order
the prosecutor to presen t additiona l evidence within 5 days from notice and the
issue must be resolved by lhe court within 30 days from filing of the complaint
or information (Sec. 5, Rule 112, Rules of Cqurt).
,I,.
2.
.;
When required, the preliminary investigation of cases falling under the original
jurisdiction of the Metropolitan Trial Court (MTC), shall be conducted by the
prosecutor . The procedure for the issuance of a warrant of arrest by the judge
shall be the same as in RTC (Sec. 5, Rule 112, Rules of Court, as amended by A.M .
No. 05-8-26-SC).
A warrant of arrest shall
not issue if the accused is already under
detention pursuant to a warrant issued by MTC, or if the complaint or
information was filed when the accused was lawfully arrested without warrant
or for an offense penalized by fine only. The court shall then proceed in the
exercise of its original jurisdiction.
Cases not requiring a preliminary investigation
1.
If a person is arrested lawfully without a warrant involving an offense which
requires a preliminary investigation, i.e., the penalty is at least four (4) years,
two (2) months and one (1) day, an information or complaint may be filed against
him without need for a preliminary investigation. If he has been arrested in a
place where an inquest prosecutor is available, an inquest will be conducted
instead of a preliminary investigation. In the absence or unavailability of an
inquest prosecutor, the complaint may be filed directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or person (Sec.
7, Rule 112, Rules of Court).
Remedies of accused if there was no preliminary investigation
a. Refuse to enter a plea upon arraignment and object to further proceedings upon
such ground;
b. Insist on a preliminary investigation;
c. File certiorari if refused
d. Raise lack of preliminary investigatiol'l as error on appeal (US v. Banzuela, G.R. No.
10172, 1915)
e. File for prohibition (Conde v. CFI, G.R. No. L-21236, October 1, 1923)
Inquest
1.
Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether or not said persons should remain under custody and correspondingly
charged in court (DO] Circular No. 61, Sept . 21, 1993).
Arrest
Arrest, how made
Arrest is the taking of a person into custody in order that he may be bound to
1.
answer for the commission of the offense (Sec. 1, Rule113, Rul es of Court).
2.
The following arc the modes of effecting arrest: a) by an actual restraint of the
person to be arrested; and b) by his submission to the custody of the person
making the arrest.
Arrest without warrant, when lawful
A peace officer or a private person ma y, without a warrant, arrest a
1.
person: a) when, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense; b) when an offense
has just been committed , and he has probable cause to believe based on
personal knowledge of facts or circum stances that the person to be arrested has
committed it; and c) when the person to be arrested is a prison er who has
escaped from a penal establishment or place where he is serving final judgment
or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another ( Sec. 5, Rule 113, Rules of Court).
There is another ground for a warrantless arrest other than those provided for
under Sec. 5 of Rule 113 of the Rules of Court. That ground is when a person
previou sly lawfully arrested escapes or is rescued. Under the Rules, any person
may immediately pursue or retake him withou t a warran t <It any time and in
any place within the Philippines (Sec. 13, Rule 113, Rules of Court).
2.
Method of arrest
By officer with warrant
1.
When making an arrest by virtue of" w< rrant, the officer shall inform
the person to be arrested of the cause of the arrest, except when he flees or
forcibly resists before the officer has opportunity so to inform him or when the
giving of such information will imperil the arrest. The officer need not have the
warrant in his possession at the time of the arrest but afler the arrest, if the
person arrested so requires, the warrant shall be shown to him as soon as
practicable (Sec. 7, Rule 113, Rules of Court).
By officer without warrant
1.
When making an arrest without a warrant, the office r shall inform the
person to be arrested of hi s authority and the cause of the arrest, unlrss the Jntter
is either engaged in the commission of an offense or is pursued immedi a tely a
fter
""[[!:Q"'I!:..:,-:: ...
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'1
its commission or has escaped, or flees or forcibly resists before the officer has
the opportunity so to inform him, or when the giving of such information will
imperil the arrest (Sec. 8,Rule 113, Rules of Court).
By private person
1.
When making an arrest, a private person when making an arrest shall
inform the person to be arrested of the intention to arrest him and cause of the
arrest, unless the later is either engaged in the commission of an offense, or is
pursued immediately after its commission or has escaped, or flees or forcibly
resists before the person making the arrest has opportunity so to inform him, or
when the giving of such information will imperil the arrest (Sec. 9, Rule 113,
Rules of Court).
Requisites of a valid warrant of arrest
1.
The law provides that in order for an arrest to be valid the following
requisites should be present: (1) issued upon probable cause which must be
determined personally by a judge after examination under oath or affirmation of
the complainant and the witnesses he may produce; (2) after evaluation of
prosecutor's report and the evidence adduced during the preliminary
investigation (Soliven v. Makasiar, G.R. No. l-82585, Nov. 14, 1988); (3) the
warrant must particularly described the person to be arrested; (4)should be
given in connection with specific offense or crime.
2.
A warrant of arrest has no expiry date. It remains valid until arrest is
effected or warrant is lifted (Manangan v. CFI, G.R. No. 82760, Aug. 30, 1990).
Determination of probable cause for issuance of warrant of arrest
1.
Probable cause as basis for the issuance of a warrant of arrest is that which,
based on facts and circumstances obtaining, would lead a reasonable discreet
and prudent man to believe that an offense has been committed by the
person sought to be arrested. A finding of probable cause needs only to rest on
evidence showing that more likely than not a crime has been committed and was
committed by the suspect. Probable cause requires less than evidence which
would justify conviction. It is not a pronouncement of guilt (Webb v. De Leon,
247 SCRA 653).
2.
Judges of the Regional Trial Court and inferior courts need not personally
examine the complainant and witnesses in the determination of probable cause
for the issuance of the warrant of arrest (Soliven v. Makasiar, G.R. No. L-82585,
Nov. 14, 1988). He is only required to personally evaluate the report and the
supporting documents su bmitted by the fiscal and on the basis thereof he may
dismiss, issue warrant, or require further affidavits.
Distinguish probable cause of fiscal from that of a judge
1.
The determination by the prosecutor of probable cause is for the purpose
of either filing an information in court or dismissing the charges against the
respondent, which is an execulive function. The determination by the judge of
probable cause begins only after the prosecutor has filed the information in court
and the latter's determination of probable cause is for the purpose of issuing an
arrest warrant against the accused, which is judicial fmKtion (People v. CA,
301 SCRA475).
Bail
Nature
1.
There are certain constitutional principles on bail, namely: (a) the general
rule that all persons sha ll, before conviction, be bailable by sufficient sureties,
except those charged with offense punishable by reclusion perpetun or higher
when evidence of guilt i s stron g; (b) the principle that the suspension of the
privilege of the writ of habeas corpus does not impair the right to bail; and; (c) the
principle that excessive bail shall not be required (Sec. 13, Art. Til, Const itution of
the Philippines).
2.
The constitut ional provtsiOn on bail makes reference to the word "conviction". It
suggests that bail applies to those arrested for the violation of criminal laws.
Does it apply to extradition proceedings? One case held, generally NO! However,
it was ruled that there is no logic to confine bail to criminal proceedings . Bail
should be made available in all cases where there is deprivation of liberty prior
to or during trial. Although not a matter of right in extradition proceedin gs, bail
may be granted if: (a) the extraditce is not a fJight risk; and (b) there are specia l,
humanitarian and compelling reasons (Gove.rnment of the U.S. vs. Purgnnnn, 389
SCRA 623).
3.
Bail is the security given for the release of a person in the custod y of the law
(Sec. 1, Rule 114, Rules of Court). Note the word, "custody". This means that
bail is not available to those who arc free. It would be incongruous for someone
to apply for bail if he is not in the custody of the law. However, there is an
instance where a person who is not under the custody of the law may be
required to post bail. Under Sec. 14 of Rule 119, if a material wih1ess will not
testify when required, the court, may, upon motion of either party, order the
w itness to post bail. If he refuses, he shall be committed to prison until he
complies or is legally discharged after his testimony .
When a matter of right; exceptions
1.
Bail is a matter of right (a) before or after conviction by the Municipal Trial
Court, and (b) before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua or life imprisonment. After conviction by
the Regional Trial Court of an offense not punishable by death, reclusion perpetua
or life imprisonment, bail is a matter or discretion (Sections 4 and 5, Rule 114,
Rules of Court).
When a matter of discretion
1.
Bail is a matter of discretion in the following instances: (a) before
conviction of a capital offense or a crime punishable by death, reclusion perpetua
or life imprisonment, the exerci se of discretion being dependent on whether the
evidence of guilt is strong; (b) upon conviction by the RTC of an offense not
punishable by death, reclusion perpetua or life imprisonment; and (c) after
conviction by the RTC wherein a penalty of imprisonment exceeding 6 years but
not more than 20 years is imposed, and not one of the following circumstances is
present and proved : (i) recidivism, quasi-recidivism or habitual delinquency or
commission of crime aggravated by the circumstances of reiteratio ; (ii) previous
escape from legal confinement, evasion of sentence or violation of the conditions
of bail without valid JUStification; (iii) commission of an offense while on
probation, parole or under conditional pardon; (iv) circumstance of the accused
or his case indicates the probability of flight if released on bail; and (v) undue
risk of commission of another crime by the accused during pendency of appeal
(Sec. 5, Rule 114, Rules of Court).
Hearing of application for bail in capital offenses
1.
The hearing for bail in capital offenses is summary. By summary hearing
is meant such brief and
speedy method
of receiving and considering the
evidence of guilt as is practicable and consistent with the purpose of the hearing
which is merely to determine the weight of the evidence for purposes of bail (A6-
rpnlo, Ruben, Handbook on Criminal Procedure, 2nd Edition, p. 278).
2.
At the hearing of an application for bail, the prosecution has the burden
of showing that evidence of guilt is strong. The evidence presented during the
bail hearing is automatically reproduced at the trial (Sec. 8, Rule 114, Rules of
Court).
Guideline
1.
in fixing amount of bail
The judge who issued the warrant or granted the application shall fix a
reasonable amount of bail considering primarily, but not limited to the following
guidelines: (a) financial ability of the accused to give bail; (b) nature and
circumstances of the offense; (c) penalty of the offense charged; (d) character and
reputation of the accused; (e) age and health of the accused; (f) the weight of the
evidence against the accused;(g) probability of the accused appearing at the trial;
(h) forfeiture of other bail; (i) the fact that the accused was a fugitive from justice
when arrested and; fj) the pendency _ of other cases where the accused is under
bond. Excessive bail is not required (Sec. 9, Rule 114, Rules of Court).
Bail when not required
1
No bail shall be required when the law or these rules so provide (Sec. 16
Rule 114, Rules of Court).
2.
Instances when the law or rules provide that no bail is required: (a) RA
6036 - offenses charged is violation of an ordinance, light felony or a criminal
offense, the imposab'le-t.-pel.lalty wherefore does not exceed 6 months of
imprisonment and/or fine o/ P2,000; (bfPD 603 as amended - in cases of a
.J
youthful offender held for physic,_I· or mental examination, trial or appeal, if
unable to furnish bail and undetthe ·circumstances; (c) where the accused has
applied for probation and before the same has been resolved but no bail was
filed by the accused because he is incapable of filing one, in which case he may
be released on recognizance; and b) when a person has been in ·custody for a
period equal to or more than the possible maximum imprisonment prescribed for
the offense charged, he shall be released immediately, without prejudice to the
continuation of the trial or the proceedings on appeal. If the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after 30
days of preventive imprisonment (Sec. 16, Rule 114, Rules of Court).
Increase or reduction of bail
1.
2.
A person in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged, without application of
the Indeterminate Sentence Law or any modifying circumstance, shall be released
on a reduced bail or on his own recognizance, at the discretion of the court( Sec.
16, Rule 114, Rules of Court).
After the accused shall have been admitted to bail, the court may, upon good
cause, either increase or reduce its amount. When increased, the accused may
be committed to custody if he does not give bail in the increased amount
thereof within a reasonable period. An accused held to answer a criminal
charge
who is released without bail on the filing of a complaint or information, may ,
at any subsequent stage of the proceedings and whenever a strong showing of
guilt appears to the court, be required to give bail in the amount fixed, or in lieu
thereof may be committed to custody (Sec. 20, Rule 114, Rules of Court).
Forfeiture and cancellation of bail
The foregoing are the rules regarding the forfeiture of bail bond : a) when the
presence of the accused is specifica lly required by the court or the Rules of
1.
Court, his bondsmen may be notified to produce him before the court on a given
date and time. If the accused fails to appear in person as required, his bail shall
be declared forfeited and the bondsmen are given 30 days with in which to
produce their principal and to show cause why no judgment should be rendered
against them for the amount of their bail. Within the said period , the bondsmen
must: (i) produce the body of their principal or give the reason for his non
production; and (ii) expla in why the accused did not appear before the court
when first required to do so; and b) Failing in these two requisites, a judgment
shall be rendered against the bondmen, jointly and severally, for the amount of
the bail. The court shall not reduce or otherwise mitigate the liability of the
bondsmen, unless the accused has been surrendered or is acquitted (Sec. 21,
Rule 114, Rules of Court).
2.
Enumerated arc the rules that govern the cancellation of a bail bond: a)
upon application of the bondsmen filed with due notice to the prosecutor, the
bail may be cancelled upon surrender of the accused or proof of his death; b) the
bail shall be deemed automatically cancelled upon acquittal of the accused ,
dismissal of the case, or execution of the judgment of conviction; and c) in all
instances, the cancellation shall be without prejudice to any liability on the bail
(Sec. 22, Rule 114, Rules o_fCourt).
Application not a bar to objections in illegal arrest, lack of or irregular preliminary
investigation
1.
An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or questioning the absence of a
preliminary investigation of the charge against him, provided that he raises them
before entering his plea. The court shall resolve the matter as early as practicable
but not later than the start of the trial of the case (Sec. 26, Rule 114, Rules of
Court).
Hold departure order and bureau of immigration watch list
1.
Supreme Court Circular No. 39-97 dated June 19, 1997limits the authority
to issue hold departure orders to the regional trial courts in criminal cases within
.
.
their exclusive jurisdiction. Consequently, MTC judges have no authority to issue
hold departure orders, following the maxim, express mention implies the
exclusion. Neither does he have authority to cancel one which he issued.
2.
Where it appears that the accused had the propensity to evade or disobey
lawful orders, the issuance of a hold departure order is warranted (Agpalo, Ruben,
Handbook in Criminal Procedure, 2"d Edition, p. 300).
Rights of the accused
Rights of the accused at the trial
1.
2.
Section 1, Rule 115 of the Rules of Court enumerates the rights of the
accused "at the trial."
It provides that "In all criminal prosecutions the accused shall be entitled
to the following rights:"(a) to be presumed innocent until the contrary is proved;
(b) to be informed of the nature and cause of accusation against him; (c) to be
present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment; (d) to testify as witness in
his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him; (e) to be exempt
from being compelled to be a witness against himself; (f) to confront and cross
examine the witnesses against him at the trial; (g) to have compulsory process
issued to secure the attendance of the witnesses and production of other
evidence in his behalf; (h) to have speedy, impartial, and public trial; (i) to
appeal in all cases allowed and in a manner prescribed by law.
Among the rights of the accused is the right against self-incrimination - the
right to be exempt from being compelled to be a witness against himself (Sec.
1[e], Rule 115). This right is a right against testimonial compulsion and prohibits
the use of physical or moral compulsion to extort communications from the
accused (People vs. Ayson, 175 SCRA 216). Common reason then suggests that a
corporation cannot invoke the right because it is not a natural person that can
testify.
The right does not apply to the physical examination of the accused like
ultraviolet ray examination to determine presence of ultraviolet powder in the
hands (People vs. Tranca, 235 SCRA 455). It does not prohibit photographing,
fingerprinting and paraffin testing of the accused (Alih vs. Castro, 151 SCRA
279). Taking of hairstrands of the accused is not a violation of the right
(People vs. Rondero, 320 SCRA 383), or taking of blood sample (People vs.
Yatar, 428 SCRA 504).
3.
The right against self-incrimination may be invoked not only in a criminal
proceeding but also in all types of suits, including forfeiture cases (Galman vs.
Pamaran, 138 SCRA 294). It may also be invoked in administrative proceedings if
they partake of a criminal proceeding or is analogous to a cr-iminal proceeding . It
is hence, also available in legislative hearings (Benzon vs. Senate Blue Ribbon
Committee, 203 SCRA 767).
Rights of persons under custodial investigation
1.
Every person under investigation for an offense shall have the right to have a
"competent and independent counsel preferably of his own choice." Included in
this right is the right to be informed of his right to counsel (Sec. 12 (1), Art . II,
1.987 Constitution of the Philippines; Sec. 2 (b), R.A. 7438).
2.
The right of a person under interrogation "to be informed" implies the correlative
obligation on the part of the police investigator to explain and contemplate and
effective communication that results in an understanding of what is conveyed
(People vs. Guillermo, 420 SCRA 326).
Arraignment and plea
Arraignment and plea, how made
1.
An arraignment is that stage where, in the mode and manner r quired by the
Rules, an accused, for the first time, is granted the opporhmity to know the
precise charge that confronts him (Brig Gen. [Ret] Jose Ramiscal, Jr. vs.
Sandiganbayan and People of the Philippines, G.R. No. 172476-99, September
15,2010).
2.
Arraignment is made in an open court where the complaint or information
has been filed. Arraignment is conducted by the judge to whom the case is
pending , by furnishing him the copy of the complaint, reading the same in the
language or dialect known to the accused and asking the latter whether he
pleads guilty or not guilty . The accused shou"Id be arraigned within a period of
thirty (30) days from the date the court acquired juri sdiction over the person of
the accused , unless a shorter period is provided by law.
When should plea of not guilty be entered
The following are instances when a plea of not guHty may be entered: a)' when
1.
the accused so pleaded; b) when he refuses to plead; c) where in admitting the act
charged, he sets up matters of defense or with lawful justification; d) when he
enters a conditional plea of guilty; e) where, after plea of guilty, he introduces
evidence of self-defense or other exculpatory circumstances; and f) when the plea
is indefinite or ambiguous .
When may accused enter a plea of guilty to a lesser offense
1.
During arraignment the accused may be allowed to plead guilty to a
lesser offense
rovided the following reguisites concur: a the l esser offense to
-
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be pleaded is necessarily included in the offense charge (if the charge is
\\.\a attempted homicide, the accused may plead guilty to the lesser offense of slight
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prosecutor
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physical injuries; but where the offense charge is estafa, he cannot plead guilty to
theft. Theft is not included in estafa). ere must be consent of the
and the private offended party (Sec. 2, Rule 116, Rules of Court). This is the reason
) ?,
• _,J r the notice to be given to the private offended party of the date of
Jt"llrraignment. He is supposed to appear for purposes of plea bargaining (Sec. 1 (/),
1
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Rule 116, Rules of Court).
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After arraignment bu before trial, the accused may still be allowed to
\JI · plead guilty to lesser offense after withdrawing his plea of not guilty. No
amendment of complaint or information is necessary (Sec. 2, Rule 116, Rules of
Court).
Accused plead guilty to capital offense, what the court should do
1.
If the accused pleads guilty to a capital offense, the court is not authorized to
render judgment merely on the basis of the plea of guilty. The court is
mandated to conduct first. a searching inquiry to determine the voluntariness
of the plea and whether or not the accused fully comprehends the consequences
of his plea. Furthermore, the court shall require the prosecutor to prove the guilt
of the accused and the degree of his culpability. This is true even if the accused
has already entered a plea of guilty (Sec. 3, Rule 116, Rules of Court). Where the
offense is not capital, reception of the evidence is discretionary on the court to
2.
determine the penalty imposed (Ibid).
The concept of a capital offense remains. What has been affected by the
new law is the penalty, not the concept. Said law (R.A. 9346- An Act Prohibiting
the Inposition of Death Penalty in the Philippines), prohibits the imposition of the
death penalty. In lieu of the death penalty in a caeital offense, the penalty of
reclusion perpetua shall be imposed when the law violated makes use of the
nomenclatur e of the penalties of the Revised Penal code. If not, then life
imprisonment shall be imposed .
Searching inquiry
1.
Guidelines in the conduct of a searching inquiry: l)ascertain from the accused
himself a) how he was br mght into the custody of law; b)whether he had the
assistance of a competent counsel during the custodial and preliminary
investigations; and under what conditions he was detained and interrogated
during the investigations; 2) ask the defense counsel a series of questions as to
whether he had conferred with, and completely explained to the accused the
meaning and consequences of a plea of guilty; 3) elicit information about the
personality profile of the accused (e.g. age, status, educational background),
which may serve as a trustworthy index of his capacity to give a free and
informed plea of guilty; 4) inform the accused of the exact length of
imprisonment or nature of the penalty under the law and the certainty that he
will serve such sentence; 5) inquire if the accused knows the crime with which he
is charged and to fully explain to him the elements of the crime which is the basis
of his incident; 6) all questions posed to the accused should be in a language
known and understand by the latter; and 7) the trial judge must satisfy himself
that the accused, in pleading guilty, is truly guilty (People vs. Toncayao 433
SCRA 513).
Improvident plea
1.
Where the trial court failed to conduct the prescribe "searching inquiry" into
the vo tariness of the accused 's plea of guilty and full comprehension
thereof, Afle plea of guilty is deemed made improvidently and rendered
inefficacious (People vs. Gumimba, 517 SCRA 25).
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Grounds for suspension of arraignment
1.
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The following are the groonds for suspension of arraignment: a) unsound
mind o the accused; b) there is a prejudicial question; and c) there is a petition
for review pending in the Department of Justice or the Office of the President
(Sec. 11, Rule 116, Rules of Court)
Motion to quash ..,----Grounds
1.
.etrre Ar
Section 3, Rule 117, of the Rules of Court provide the grounds for a
motion to quash: the facts charged do not constitute an offense; b) the court
trying the case has no jurisdiction over the offense charged; etrJi.e court trying the
case has no jurisdiction over the person of lhe accused; c!)4hat the officer who
filed the information had no auth rity to do so; that it does not conform
substantially to t e prescribed form; tJ{that more than one offense is charged
except when a single punishment for various offenses is prescribed by law; g)
that the criminal action or liability has been .extinguished; h) that it contains
.......,....... stitute a legal excuse for justification; and i)
that the accused has bee
charged, or of the case <:&ains
without his express consent.·
-
convicted or acquitted of the offense
1m was dismissed or otherwise terminated
I
Distinguish from demurrer to evidence
1.
Motion to quash contemplates an initial action originating from the accused. The
right to file a motion to quash belongs only to the accused (People vs. Nitafan ,
302 SCRA 424). Demurrer to evidence is an objection by one of the parties in
an action to the effect that the evidence his adversary produced is
insufficient in point of law, whether e or not, to make out a case or sustain the
issue. The party demurring challenges the sufficiency of the whole evidence to
sustain a verdict. (Katigbak vs. Sandiganbayan, 405 SCRA 558)
Effects of sustaining the motion to quash
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1. If the ground is neither under (a), (d), (e), and (f) of Sec. 3, Rule 117 of the
Rules of Court, the court may order that another information be filed or an
:mendment thereof be made, as the case may be, within a definite period .If_such
ot\o1\• within
rder is not made, or if having been made, another information is not filed
the time specified in the order, or within such time as the court may
allow, the accused if in custody, shall be discharged therefrom, unless he is
tls:e..,. in stody
.{;'"e other charge.
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2.
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(g), (h), (i) of Sec. 3, Rule 117 of the Rules of
ourt, the court must state, in its order granting the motion, the release of the
accused if he is in custody or the cancellation of his bond if he is on bail.
Exception to the rule that sustaining the motion is not a bar to another prosecution
1.
n order sustaining a motion to quash is not a bar to another
prosecution for the same offense unless the motion was based on the
following grounds: (a) criminal action or liability has been extinguished; (b)
double jeopardy (Sec. 6,
V'a
Rule 117, Rules of Court).
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Double jeopardy
The elements constituting_j.ouble jeopardy: (a) the accused has been
convicted or acquitted or th e against him was dismissed or terminated
without his express consent; (b) the court has jurisdiction; (c) there is a valid
complaint or information; (d) there was plea to the charge upon a ent (e)
the accused is cQ_arged anew for an offense constihiting a!l'"attemet "'-or a
atiop of the previous offense charged or for an offense that necessarily
includes or is necessarily included in the former charge (Sec. 7, Rule 117, Rules of
J f{ rkaY1(fJ
Court).
Provisional dismissal
1.
When a case is provisionally dismissed, the case may be later on revived.
A provisional dismissal of a case may be made provided the following requisites
concur: (a) there is express consent of the accused, and (b) there is notice to the
offended party (Sec. 8, Rule 11!).
c:::::::::
2.
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The case of People vs. Lacson, 400 SCRA 267(April1, 2003), has modified the
requisites for a provisional dismissal, to wit: (a) the prosecution with the
expressed consent of the accused moves for a provisional dismissal of the case;
or both the accused and the prosecution move for the provisional dismissal (b)
the offended party is notified of the motion for prov isional dismissal of the
case;·(c) the court issues an order granting the motion and dismissing the
case provisionally; and the public prosecu tor ·is served with a copy of the
order of provisional dismissal.
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1
Note also that under S of Rule 117, the one -year and two- year time
line shall be counted from .xh"e date of the issuance of the order of di issal". In
People Lncson the reckoning period starts from "the service of the order of
dismissal on the public prosecutor who has control of the prosecution'.
Accordingly, the publ ic prosecutor cmmot be expected to comply with the
timeline unless he is served with a copy of the order of dismissal.
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Pre-trial
Matters to be considered during pre-trial
The following are matter that need to be considered during the pre-hial:
1.
arile'a bargaining; bysftpulation of facts; c
g
of the evidences of
the parties; dl-wtflver of objections to admissibility of evidence; ication
of the order of trial if the accused admits the charge but interposes a lawful
defense; and
matters as will promote a fair and expeditious trial of
the criminal and civil aspects of the case (Sec. 1, Rule 118, Rules of Court).
The agreements made on the above matters in order to be binding need
approval of the court (Sec. 2, Rule 118, Rules of Court).
What the court shoqld do when prosecution and offended party agree to the plea offered by
the accused
At arraignment the accused, with the consent of the offended party and
1.
prosecutor, may be allowed by the trial court to plead guilty to a lesser offense
which is necessarily i.n'cluded in the offense charged. After arraignment but
before trial, the accused may still be allowed to pl ead gu ilty to said lesser
offense after withdrawing his plea of not guilty. No amendment of the
complaint or information is necessary (Sec.2, Rule 116, Rules of Court).
Pre-rrialagreement
1.
Agreements or admissions made during the pre-h·ial cannot be used
against the accused unless they are reduced in writing and signed by the
accused and counsel (Sec. 2, Rule 118, Rules of Court).
Non-appearance during pre-trial
1.
The court may impose proper sanctions or penalties on the counsel or
prosecutor who does not appear at the pre-trial conference . To avoid such
sanctions, an acceptable excuse for the absence must be offered to the satisfaction
of the court (Sec.3, Rule 18, Rules of Court).
Pre-trial order
1.
The pre-trial order shall be issued by the court after the pre-trial conferen e.
This order shall contain the following: <4a recital of the actions
taken; (b)-the facts stipulated ; and (c)--the evidences marked (Sec. 4, Rule 118,
Rules of Court).
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2.
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The pre-trial order shall (a) bind the parties and shall limit the trial to matters
not disposed of; and (b) control the course of the proceedings during the trial,
unless modified by the court to prevent manifest injustice (Sec. 4, Rule 118,
Rules of Court).
Referral of some cases for court annexed mediati n and judicial dispute resolution
1.
The following are under the mandatory coverage for court-annexed
mediation (CAM) and judicial dispute resolution GDR): a) all civil cases and the
civil liability of criminal cases covered by the Rule on Summary Procedure,
including the civil liability for violation of B.P. 22, except those which by law
may not be compromised; b) special proceedings for the settlement of estates; c)
all civil and criminal cases filed with a certificate to file action issued by the
Punong
Barangay or the Pangkat ng Tagapagkasundo under the Revised
Katarungang Pambarangay Law; d) the civil aspect of Quasi-Offenses under Title
14 of the Revised Penal Code; e) the civil aspect of less grave felonies punishable
by correctional penalties not exceeding 6 years imprisonment, where the
offended party is a private person; £) the civil aspect of estafa, theft and libel; All
civil cases and probate proceedings, testate and intestate, brought on appeal
from the exclusive and original jurisdiction granted to the first level courts under
Section 33, par. (1) of the Judiciar y Reorganization Act of 1980; g) all cases of
forcible entry and unlawful detainer brought on appeal from the exclusive and
original jurisdiction granted to the first level courts under Section 33, par. (2)
of the Judiciary Reorganization Act of 1980; h) all civil cases involving title
to or possession of real property or an interest therein brought on appeal from
the exclusive and original jurisdiction granted to the first level courts under
Section 33, par.(3) of the Judiciary Reorganization Act of 1980; and i) all habeas
corpus cases decided by the first level courts in the absence of the Regional Trial
Court judge, that are brought up on appeal from the special jurisdiction granted
to the first level courts under Section 35 of the Judiciary Reorganization Act of
1980 (A-M . No, 11-1-6-SC-PHILJA).
Trial
Instances when presence of accused is required by law
Itt''
In the following instances the presence of the accused is required: .(a) at
arraignment and plea, whether for innocence or for g_uilt; (b) during trial,
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counsel or representative. At such stages of the proceedings, his presence is
required and cann: f ived (People vs. ]oven de Grano, et al., G.R. No. 167710,
June5,2009) .
fore trial can be suspended on account of absence of witness
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rial can be suspended on ascOJ!nt of absence ol 4a witness provided that
, e.following requisites are present: a) that the witness is material and appears
to
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the court to be so; b) that the party who applies has been guilty of no neglect; c)
that the witnesses can be had at the time to which the trial is deferred and
incidentally that no similar evidence could be obtained; nnd d) that an affidavit
showing the existence of the above circumstances must befiled.
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The provision in the constitution authorizin
e trial in absentia after the
§.i.mple means that he waives his right to meet the wjtnesses face to face, among
others. The following are the requirem ents for trial in absentia: a) the accused has
,been arraigned; b) he has been duly notified of the trial; and c) his failure to
appear was unjustified (Sec. 14 (2), Art. III, 1987 Constitution of the Philippines).
Remedy when accused is not brought to trial within the prescribed period
1.
The remedy of the accused is to file a motion lo dismiss the information on the
ground of denial of his right to speedy trial. Failure of the accused to move for
dismissal prior to trial shall constitute a waiver of his right to dismiss under
(Section 9 of Rule 119). The dismissal shall be subject to the rules on double
jeopardy. So if the dismissal is with prejudice, the case cannot be revived
anymore. But if the dismissal is without prejudice, the revival of the case is
proper .
Requisites for discharge of accused to become a state witness
1.
There are instances when two or more accused are jointly charged with
the commission of an offense. One or more of them may be discharged so they
may be witnesses for the state. Before an accused is discharged as a state witness,
the following requisites must be complied with:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
The discharge must be with the consent of the accused;
There is absolute necessity for the testimony of the accused whose
discharge is requested;
There is no other direct evidence available for the prosecution of the
offense committed, except the testimony of the accused to be discharged;
The testimony of the accused can be substantially corroborated in its
material points;
The said accused does not appear to be the most guilty;
The accused has not been at any time been convicted of a crime involving
moral turpitude;
There must be a motion to discharge the accused made by the
prosecution before it rests its case; and
The prosecution must be required to present evidence and the sworn
statement of the proposed state witness at a hearing in support of the
discharge (Sec. 17, Rule 119, Rules of Court).
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dence adduced in support of the discharge shall automatically form
Effects of discharge of ace
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part of the trial. If the court denies the motion to discharge the accused as state
witne his sworn statement shall be inadmissible in evidence. ge of
accused QPerates as acquittal and bar to further prosecution for the sam ffense
(Sec. 17 and 18, Rule 119, Rules of Court).
Demurrer to evidence
1.
A demurrer to evidence is a motion to dismiss the case. In a criminal case, it is
filed after the prosecution rests its case. The ground to be relied upon is
insufficiency of evidence of the prosecution. Recall that under the rules of
evidence, the prosecution must prove the guilt of the accused beyond reasonable
doubt (Sec. 2, Rule 133, Rules of Court). If this quantum of evidence is not met, a
demurrer may lie.
2.
The court may demur to the evidence on its own initiative or motu propio
but after giving the prosecution an opportunity to be heard . The accused may
also file a demurrer to the evidence with or without leave of court (Sec. 23, Rule
ktl
119, Rules of Court!.
Requisites of a judgment
1.
Judgment
.,J O fSf"'J! [Aiol
Sec. 1, Rul;JlO of the Rules of Court provide for the following req isi: s
of a judgment: a)in writing; b) ttrule official language; c) personally and directly
prepared and signed by the judge; and d) with a concise statement of the fact and
the law on which it is based.
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Contents of judgment
1.
If the judgment is of conviction, it shall state: a) legal qualification of the
offense constituted by the acts committed by the accused, and the aggravating or
mitigating circumstances attending its commission; b) participation of the
accused, whether as principal, accomplice or accessory; c) penalty imposed upon
the accused; and d) civil liability or damages caused by the wrongful act or
omission, unless a separate civil action has been reserved or waived (Sec. 2, Rule
120, Rules of Court).
2.
If the judgment is of acquittal, it shall a) whether the evidence of the
prosecution absolutely failed to prove the guilt of the accused or merely failed
to prove his guilt beyond reasonable doubt; and b) in either case, the
judgment shall determine if the act or omission from which the civil liability
might arise did not exist ([bid).
Promulgation of judgment; instances of promulgation of judgment in absentia
1.
The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. If the conviction is for a
light offense, the judgment may be pronounced in the presence of the counsel
of the accused or his representative (Sec. 6, Rule 120, Rules of Court).
2.
The court promulgating the jud gment shall ha ve authority to accept the notice
of appeal of the accused and approve the bail bond but if the decision of the trial
court changed the nature of the offense from bailable to non-bailable, the
application for bail can only be resolved by the appellate court (Sec. 6, Rule 120,
Rules of Court).
3.
In case the accused fails to appear at the scheduled da te of promulgation of
judgment despite notice, the promul gation shall be made by recording the
judgment in the criminal docket and serving him a copy thereof at his last known
address or thru his counsel (Sec. 6, Rule 120, Rules of Court).
If the accused is convicte and his failure to appear was without
justifiable cause, he shall lose h' rem edies against the judgment under the Rules,
and the court shall order his arrest. If he surrenders within 15 days from the
promulgation of judgment, he may file a motion for leave to avail of the
remedies. The motion shall state the reason for his absence and was for a
justifiable cause and within 15 days fron'l'notice, he shall then be allowed to avail
of U1e remedies against the judgment (Sec. 6, Rule 120, Rules of Court).
When does judgment become final (four instances)
1.
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A judgment becomes final ( fter tl{_al1f l }y riod for perf;lt{;g
an appeal, or ( n the sentence has been aVtYa ryof'i:otally served, or (c)
when the accused has waived his right to appeal in writing
probatio n (Sec. 7, Rule 120, Rules of Court).
New trial or reconsideration
Grounds for new
trail
orapplied for
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1.
The grounds for a new trial are: a) That errors of law or
irregularities
rrx--% prejudicial to the substantial rights of the accused have been committed
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during
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t]w trial; and b ew and material evidence has been discovered which
the
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used could not have discovered with reasonable diligence and
produced
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trial and which if introduced and admitted would probably
change
ejudgment (Sec. 2, Rule 121, Rules of Court).
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Grounds for reconsideration
1.
Requisites before a new trial may be granted on ground of newly discovered evidence
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New trial may be granted on the gr d of newly discovered
evid ·
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the following requisites are present: aytllat the evidence was discovere
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material, not
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t such evidence could not haYJ: Q n discovered and produ d
a
e
tri ith the exercise of reasonable diligen.c. e; c) th is
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merely cumulative, corroborative or impeaching; and evidence is of
such a
weight that it would probably change the judgment if admitted.
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after
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a new trial or reconsideration
When a new trial is granted on the ground of errors of law or
irregularities
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committed during the trial, all proceedings and evidence not affected by
commission of such errors and irregularities shall stand, BUT those
affected thereby shall be set aside and taken anew. The court may, in
the interest of
justice, allow the introduction of additional evidence;
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When a new trial is granted on the ground of newly discovered evidence,
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and such other
evidence already taken shall stand, and the newly discovered
\•
evidence as the court may, in the interest of justice, allow to be introduced,
shall
,.IJN e taken and considered together with the evidence already in the record;
v'' ¥
a
the
,
court grants new trial or reconsideration,
ori inal 'ud ment shall be set aside
d a new judgment rendered
accordingly
( e . , ule 121, Rules of Court).
Application of Neypes doctrine in criminal cases
1.
The Court deems it practical to allow a fresh period .of 15 days within
which to file the notice of appeal counted from -receipt of the order
dismissing a motion for a new trial or motion for recon sideration .
2.
The period for appeal is interrupted from the time a motian for new trial or
reconsideration is filed until notice of the order overruling the motion has been
served upon the accused or his counsel at which time the balance of the period
begins to run (Neypes vs. CA, G.R. No. 141524, September 14, 2005)..
3.
While Neypes involved the period to appeal in civil cases, the Court's
pronouncement of a "f resh period" to appeal should equally apply to the period
for appeal in criminal cases under Section 6 of Rule 122 of the Revised Rules
of Criminal Procedure, for the following reasons:
First, BP 129, as amended, the substantive law on which the Rules of
Court is based, makes no distinction between the periods to appeal in a civil case
and in a criminal case. Section 39 of BP 129 categorically states that "[t]he period
for appeal from final orders, resolutions, awards, judgments, or decisions of any
court in all cases shall be fifteen (15) days counted from the notice of the final
order, resolution, award, judgment, or decision appealed from." Ubi lex non
distinguii nee nos distinguere debemos. When the law makes no distinction, we (this
Court) also ought not to recognize any distinction. 17
Second, the provisions of Section 3 of Rule 41 of the 1997 Rules of Civil
Procedure and Section 6 of Rule 122 of the Revised Rules of Criminal Procedure,
though differently worded, mean exactly the same. There is no substantial
difference between the two provisions insofar as legal results are concerned - the
appeal period stops running upon the filing of a motion for new trial or
reconsideration and starts to run again upon receipt of the order denying said
motion for new trial or reconsideration. It was this situation that Neypes
addressed in civil cases. No reason exists why this situation in criminal cases
cannot be similarly addressed.
Third, while the Court did not consider in Neypes the ordinary appeal
period in criminal cases under Section 6, Rule 122 of the Revised Rules of
Criminal Procedure since it involved a purely civil case, it did include Rule 42 of
the 1997 Rules of Civil Procedure on petitions for review from the RTCs to the
Court of Appeals (CA), and Rule 45 of the 1997 Rules of Civil Procedure
governing appeals by certiorari to this Court, both of which also apply to appeals
in criminal cases, as provided by Section 3 of Rule 122 of the Revised Rules of
Criminal Procedure (Judith Yu vs. Hon. Rosa Samson-Tatad, G. R. No. 170979,
February 9, 2011).
Appeal
Effect of an appeal
1.
/
Anappeal in a criminal case opens the whole case for review and this
includes the review of the penalty, indemnity, and the damages involved.
Consequenlly, on appeal, the appellate court may increase the penalty,
indemnity, or the damages awarded by trial court, although the offended party
had not appealed from said award, and the party who sought a r view of the
decision was the accused.
Where to appeal
1.
The appeal to the RTC is by way of notice of appeal filed with the MfC which
rendered the judgment or final order and serving a copy thereof upon the
adverse party (Sec. 3, Rule 122, Rules of Court).
2.
The appeal to the CA is by way of notice of appeal filed with the RTC which
rendered the judgment or final order and serving a copy thereof upon the adverse
party. This mode applies where the judgment of the RTC was rendered in the
exercise of its original jurisdiction If the judgment of the RTC was in the
exercise of its appellate jurisdiction, the appeal shall be by a petition for review
under Rule 42 to theCA (Sec.3, Rule 121, Rules of Court).
3.
4.
Appeals to the Supreme Court shall be by petition for review on certiorari
under Rule 45 (Sec. (e), Rule 122, Rules of Court).
When the Supreme Court en bane cannot have the requisite majority on whether
to acquit the appellant, the case shall be deliberated upon anew. If no decision is
reached after re-deliberation, the decision of conviction of the lower court shall
be reversed and the appellant shall be acquitted (Sec.3, Rule 125, Rules of Court).
How appeal taken
a. Appeal to the Regional Trial Court: by filing a notice of appeal with the court
that rendered the judgment or order appealed from and serving a copy to the
adverse party;
b. Appeal to the Court of Appeals from decision of the Regional Trial Court in the
exercise of its original jurisdiction : by filing a notice of appeal with the court
which rendered the judgment or order appealed from and serving a copy to the
adverse party;
c. Appeal to the Court of Appeals in cases decided
the exercise of its appellate jurisdiction:
etition for review under Rule 42.
d. Appeal to the Court of Appeals in cases where penalty imposed is reclusion
perpetua, life imprisonment or where a lesser penalty is imposed but involving
offenses committed on the same occasion or arising out of the same occurrence
that gave rise to the more seri s offense for which the penalty of death orJife.
risonmept js imposed:
filing a notice of appeal with the Court of Appeals;
-v
e. Death penalty: automatic review by the Court of Appeals (A.M. No. 00-5-03-SC,
October 15, 2004).
f. Other appeals to the Supreme Court: by petition for review on certiorari.
Effect of appeal by any of several accused
a.An appeal taken by one or more of several accused shall not affect those who did
not appeal, except insofar the judgment of the appellate court is favorable
and apJ>licab!e to the latter; \)
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appe l of the offended party from the civil aspect shall not affect the criminal
aspect of the jud gmen t or order appealed f rom;
c. Upon perf ection of the appeal, the execu tion of the judgment or final order
appealed from shall be s!.:red as to the appealing P·
f
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Groun dS for dlSffilSSa 0 appea
fi'/A
The ground s are: a) failure on the part of the a
1.
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c.
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to file brief within
the reglementary period, excep t when he is represented by a counsel de offi cio;
b) escape of the appellan t from pr ison or confinement; c) when the appellant ju
mps bail; and d) flight of the appellant to a foreign country during the
pendency of the appeal.
Search and seizure
Nature of search
warrant
A search warran t is an order in wr iting issued in the name of the People
1.
of the Philippines, signed by a j udge and directed to a peace off icer, commanding him to
search for per sonal property described therein and bring it before the court (Sec. 1, Ru
le
126, Rules of Court).
SW
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Dtstingmsh from warrant of arrest ....
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fo the pe; uof ficer lo execute the j;t {;;-
Warran t of arrest is an order directed
warrant by ta king the person stated therein into custody that he may be bound to
answer for the comm ission of the offense. Search Warrant is an Order in writing
in the name of the RP signed by the judg e a n d d i rected to the peace officer to
search person al property described therein and to bring it to court. (Sec.1, Rule
2.
126, Ru les of Court).
Warrant of arrest does not become sta ke. Search Warrant is valid for 10
days only (Sec. 9, Rule 126, Ru les of Court).
3.
4.
place
to
searched.
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be
,.,
In issuin g warran t of arrest,
· ation of witnesses is n·ot
necessary . ln search warrant, the judge must ersonall
5.
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eonduct an examination
of the complainanl and the wih'tesses.
·
/in issuin g warrant of arrest, the j ud ge is merely called upon to examine
and evalu ate the report of the fisca l and the evidence. In search warra n t,
the examination by the j ud ge must be probing . Not enough to merely
adopt the questions and answers asked by a previous investigator.
fA
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Application for search for search warra nt, where filed
territorial jurisdiction
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e crime was committed (Sec. 2 (a), Rule 126, Rules of
Court). The exceptions to the general rule are: ompelling reasons, it can be
filed with the court within whose judicial region the offense wls committed or
where the warrant is to be ser
if the criminal action has already been
filed, the application for search warrant an onlJ( he m de in the court where
· g; c) in case of search warrants involving heinous
crimes, illegal gambling, illegal possession of firearms and ammunitions as well
as violations of the Comprehensive Dangerous Drugs Act of 2002, the
Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff
and Customs Code, the Executive Judges and, whenever they are official leave
of absence or are not physically present in the station, the · e-Executive Judges
of the RTC of manila shall have authority to act on applications filed by the
NBI, PNP and the
Anti-Crime Task Force (ACTAF) (Sps. Marimla vs. People of the Philippines, G.R.
S'V\1_ bt_ \VttltJL t'n CI\A 4
No.·158467, Oct. 16, 2009).
Probable cause
No
1.
(A.
·
fers to tne facts and circumstances which could lead a
reasonably discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the offense in the place
sought to be searched. The basis must be the rsonal knowledce <g, the
complainant or the witnesses he may produce and not based on mere hearsay.
4
;:e
The test of sufficiency of a deposition or affidavit is whether it has been drawn in
a manner that perjury could be charged thereon and the affiant be held liable for
damage caused.
Personal examination by judge of the applicant and witnesses
1.
his
witnesses to deter
2.
Deportation of illegal and undesirable aliens, whom the President or the
Commissioner of Immigration may order arrested, following a final order of
deportation, for the purpose of deportation (Haruetj vs. Defensor-Santiago, G.R. No.
82544, June 28, 1988).
Particularity of place to be searched and things to be seized
1. · The purpose of the o
discretion regardjpg w
"unreasonable
D
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J
leave the officers of the law with no
cles they shall seize, to the end that
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. .
searches and seizures" may not be made - that abuses may not be committed
(Stonehill vs. Diokno, G.R. No. L-19550, June 19, 1967).
2.
Test to determine particularity: a) when the description therein is as
specific as the circumstances will ordinarily allow (People vs. Rubio, G.R. No. L35500, Oct. 27, 1932); b) when the description express a conclusion of fact- not of
law which the warrant officer may be guided in making the search and seizure;
and c) when the things described are limited to those which bear direct relation
to the offense for which the warrant is being issued.
Perso al prop:::•
4b
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nds of property to be seized by virtue of a warrant: a) subject of the
offense; b) stolen or embezzled and other proceeds or fruits of the offense; c) the
means used or intended to be used for c.QJ:nmitting an offense.
Exceptions to search warrant requirement
a) Search incidental to lawful arrest
1.
Sec. 13of Rule 126 specifically enumerates the allowable scope of a search
incident to a lawful arrest. The provision limits the search to the following: (a)
dangerous weapon s; (b) anything which may h ave been used in the conunission
of the offense; (c) anything which constitute proof in the commission of the
offence.
b)
1/
1.
Consented search. /
The consent to a warrantless search must be voluntary, that is, it must be
unequivocal, specific and intelligently given, uncontaminated by any duress or
coercion. Consent to a search is not to be lightly inferred, but must be shown by
clear and convincing evidence (Valdez vs. People, 538 SCRA 611, November 23,
2007).
c) Search of moving vehicle
1.
A warrantless search on a moving vehicle is justified on the ground that "it is
not practicable to secure a warrant because the vehicle can be quickly moved out
of the locality or jurisdiction in which the warrant may be sought" (People vs.
Tuazon, 532 SCRA 152, September 3, 2007).
d) Check points; body checks in airport
1.
Searches conducted on checkpoints are valid for as long as they are warranted by
the exigencies of public order and are conducted in a way least intrusive to
motorist. For as long as the vehicle is neither searched nor its occupants
subjected to body sea rch, and the inspection of the vehicle is limited to
visual search, said routine checks cannot be regarded as violative of an
individual's right against unreasonable search (People vs. Vinecario, G.R. No.
141137, January 20, 2004, 420 SCRA 280).
e) Plain view situation
1.
Under the plain view doctrine, objects falling in the plain view of the officer
who has the right to be in the position to have that view are subject to
seizure and may be presented as evidence. The plain view doctrine applies when
the following requisites concur: (1) the law enforcement officer in search of the
evidence has prior justification for an intrusion or is in a position from which he
can view a particular area: (2) the discovery of the evidence in plain view is
inadvertent; (3) it is immediately apparent to the officer that the item he observes
may be evidence of a crime, contraband or otherwise subject to seizure ( Judge
Felimon Abelita, III vs. PI Supt. German Doria and SP03 Cesar Ramirez, G.R. No.
170672, August 14, 2009).
I
£) Stop and frisk situation
1.
A stop-and-frisk situation must precede a warrantless arrest, be limited to the
person's outer clothing, and should be grounded upon a genuine reason, in the
light of the police officers experience and surrounding conditions, to warrant the
belief that the person detained has weapons concealed about him (Valdez vs.
People, 538 SCRA 611, November 23, 2007).
g) Enforcement of custom laws
Routine customs searches require no warrant or no probable cause, though
extended detention of travelers must be justified by reasonable suspicion (United
1.
States v. Montoya de Hernandez, 1985).
Remedies from unlawful search and seizure
1.
The following are the remedies for an unlawful search and seizure: a) a
motion to quash the search warrant; b) motion to suppress as evidence the
objects illegally taken (exclusionary rule - any evidence obtained through
unreasonable searches and seizures shall be inadmissible for any purpose in any
proceeding); and c) replevin, if the objects are legally possessed.
Provisional remedies
Nature
1.
The provisional remedies available in civil cases may be availed of in a
criminal case in connection with the civil action deemed instituted with the
criminal action (Sec. 1, Rule 27, Rules of Court).
2.
The offended party may have the property of the accused attached as
security for the satisfaction of any judgment in the civil aspect of the case. The
reasons to support the rttlachment are the following:
(a)
The accused is about to abscond from the Philippines;
(b)
The criminal action is based on a claim for money or property embezzled
or fraudulently misapplied or converted to the use of the accused who is
a public officer, officer of a corporation, attorney, factor, broker, agent or
clerk, in the course of his employment as such, or by any person in a
fiduciary capacity, or for a willful violation of duty;
When the accused has concealed, removed, or disposed of his property,
(c)
or is about to do so;
(d)
.When the accused resides outside the Philippines .
Kinds of provisional remedies
a . Attachment;
b. Injunction;
c. Receivership;
d. . Delivery of personal property;
e. Support pendente lite.
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