CrimProc (San Beda Law Memory Aid)

8/12/2019 CrimProc (San Beda Law Memory Aid)

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San Beda College of Law135

MEMORYAIDINREMEDIALLAW

CRIMINAL PROCEDURE

Criminal Jurisdiction power of theState to try and punish a person for aviolation of its penal laws.

REQUISITES FOR A VALID EERCISE OFCRIMINAL JURISDICTION!

1. The offense, by virtue of theimposable penalty OR its nature,is one which the court is by lawauthorized to take conizanceof, !"urisdiction over theS#$%&'T ()TT&R*.

+. The offense must have beencommitted within its territorial"urisdiction, !"urisdiction overthe T&RRTOR-*.

. The person chared with theoffense must have been brouhtto its presence for trial, forciblyby warrant of arrest or upon hisvoluntary submission to thecourt, !"urisdiction over the/&RSO0 O T2& )''#S&3*.

JURISDICTIONOVER T"ESU#JECT MATTER

JURISDICTIONOVER T"E PERSONOF T"E ACCUSED

3erived from the

law. t can never be

ac4uired solely by

consent of the

accused.

(ay be ac4uired by

consent of the

accused or by waiver

of ob"ections.

Ob"ection that the

court has no

"urisdiction of the

sub"ect matter may

be made at any stae

of the proceedin,

and the riht to

make such ob"ection

is never waived.

f he fails to make his

ob"ection in time, he

will be deemed to

have waived it.

DETERMINATION OF CRIMINALJURISDICTION!

1. 3etermined by the alleations inthe complaint or information notby the results of proof or by thetrial court5s appreciation of theevidence presented.

+. 3etermined by the law in forceat the time of the institution ofthe criminal action. O0'&6&ST&3, T ')00OT $&7T23R)70 $-8a* subse4uent valid amendment

of the information9 orb* a subse4uent statutory

amendment of the rules of"urisdiction, #0:&SS theamendatory law providesotherwise.

RULE $$%PROSECUTION OF OFFENSES

S&ction $' Institution o( criminalactions'

For o((&ns&s )*&r& a +r&liminar,in-&sti.ation is r&/uir&d; by filin thecomplaint with the proper officer for thepurpose of conductin the re4uisite

preliminary investiation.

/reliminary investiation is R&


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R&m&di&s o( t*& o((&nd&d +art, i( t*&+ros&cutor r&(us&s to (il& anin(ormation!

1. file an action for mandamus, in

case of rave abuse ofdiscretion9

+. lode a new complaint beforethe court havin "urisdictionover the offense9

. take up the matter with theSecretary of %ustice inaccordance with the Rev.)dministrative 'ode9

=. institute an administrativechares aainst the errinprosecutor9 and

>. file criminal action aainst theprosecutor with thecorrespondin civil action fordamaes.

Ma, In1unction Issu& to R&strainCriminal Pros&cution23ENERAL RULE! 'riminal prosecutionsmay 0OT be restrained or stayed byin"unction, preliminary or final. Thereason bein, public interest re4uiresthat criminal acts be immediatelyinvestiated and prosecuted for the

protection of the society !Domingo vs.Sandiganbayan, 322 SCRA 655*.ECEPTIONS!1. To afford ade4uate protection to the

constitutional rihts of the accused9+. 7hen necessary for the orderly

administration of "ustice or to avoidoppression or multiplicity of actions9

. 7hen there is a pre"udicial 4uestionwhich is sub"udice9

=. 7hen the acts of the officer arewithout or in e?cess of authority9

>. 7hen the prosecution is under aninvalid law, ordinance or reulation9

@. 7hen double "eopardy is clearlyapparent9

A. 7hen the court had no "urisdictionover the offense9

B. 7hen it is a case of persecutionrather than prosecution9

C. 7hen the chares are manifestlyfalse and motivated by lust forveneance9 and

1D. 7hen there is clearly no prima faciecase aainst the accused and a

motion to 4uash on that round hasbeen denied.

S&ction 4' Form o( t*& com+laint or

in(ormation'

FORM1. n writin9+. n the name of the /eople of the

/hilippines9 and. )ainst all persons who appear

to be responsible for the offenseinvolved.

S&ction 5' Com+laint d&(in&d'

) Com+laintis8

1. a sworn written statement9+. charin a person with anoffense9

. subscribed by the offendedparty, any peace officer or otherpublic officer chared with theenforcement of the law violated.

The complaint mentioned in this sectionrefers to one filed in court for thecommencement of a criminalprosecution for violation of a crime,usually conizable by municipal trial

courts as well as to a complaint filed byan offended party in private crimes orthose which cannot be prosecuted deofficio.

REQUISITES OF A COMPLAINT!1. it must be in writin and under

oath9+. it must be in the name of the

/eople of the /hilippines9. it must chare a person with an

offense9 and

=. it must be subscribed by theoffended party, by any peaceofficer or public officer charedwith the enforcement of the lawviolated.

PERSONS 6"O CAN FILE A COMPLAINT1. Offended party+. )ny peace officer. Other public officer chared

with the enforcement of the lawviolated

REMEDIALLAWCOMMITTEE

CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Al len Farias, Maricris Oronea EPS: Mar!essa N"ylan, C#arissi$ae

%en!"ra, Jocelyn &a'ala SU(JECTHEAS: Jona O'ia )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecialProcee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence


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e?. nternal Revenue Officer forviolation of the 0R', customaents with respect to violationsof the Tariff and 'ustoms 'ode

S&ction 7' In(ormation d&(in&d'

)n In(ormationis81. an accusation in writin9+. charin a person with an

offense9. subscribed by the prosecutor and

filed with the court.

REQUISITES OF AN INFORMATION1. it must be in writin9

+. it must chare a person with anoffense9. it must be subscribed by the

fiscal9 and=. it must be filed in court.

COMPLAINT INFORMATION

Subscribed by the

offended party, any

peace officer or other

officer chared with

the enforcement of

the law violated

Subscribed by the

fiscal

!indispensable

re4uirement*

it may be filed either

in court or in the

prosecutor5s office

it is filed with the

court

must be made under

oath

need not be under

oath

/rosecution in the RT' are alwayscommenced by information, &E'&/T8

1. in certain crimes aainst chastity!concubinae, adultery,seduction, abduction, acts oflasciviousness*9 and

+. defamations imputin any of theaforesaid offenses wherein asworn written complaint isre4uired in accordance withsection > of this Rule.

S&ction 8' 6*o must +ros&cut&criminal actions'FULL DISCRETION AND CONTROL OFT"E PROSECUTOR)ll criminal actions commenced by acomplaint or information shall be

prosecuted under the direction andcontrol of the prosecutor.

) /R6)T& /ROS&'#TOR may be

authorized to prosecute a criminalaction sub"ect to the followinconditions8

1. the public prosecutor has aheavy work schedule, or there isno public prosecutor assined inthe province or city9

+. the private prosecutor isauthorized 0 7RT0F by theReional State /rosecutor !RS/*,/rovincial or 'ity /rosecutor9

. the authority of the private

prosecutor must be approved bythe court9=. the private prosecutor shall

continue to prosecute the caseuntil the end of the trial unlessthe authority is withdrawn orotherwise revoked by the RS/,/rovincial or 'ity /rosecutor9and

>. n case of the withdrawal orrevocation of the authority ofthe private prosecutor, the samemust be approved by court.

!(emo 'irc. 0o. +>, )pril +@,+DD+, Reardin )mendment toSec. >, Rule 11D*

n appeals before the ') and the S', it isonly the Solicitor Feneral that isauthorized to brin and defend actions inbehalf of the /eople of the /hilippines!People vs. Nano, 205 SCRA 155*.

n all cases elevated to theSandianbayan and from the

Sandianbayan to the S', the Office ofthe Ombudsman, throuh its Special/rosecutor shall represent the /eople ofthe /hilippines, &E'&/T in cases filedpursuant to &.O. 0os. 1, +, 1= and 1=;),issued in 1CB@ !Sec. =, R) B+=C*.

PROSECUTION OF CRIMES A3AINSTC"ASTIT0

6"O MA0 PROSECUTE1. Concubinage and adultery only by

the offended spouse who should





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have the status, capacity, and lealrepresentation at the time of filinof the complaint, reardless of ae9

+. Seduction, Abduction and Acts of

Lasciviousness prosecutede?clusively and successively by thefollowin persons in this order8a* by the offended womanb* by the parents, randparents or

lealG"udicial uardians in thatsuccessive order

c* by the State in the e?ercise ofthe riht of parens pariae,when the offended party dies orbecomes incapacitated beforeshe could file the complaint and

she has no known parents,randparents or uardian.. ) defamation imputing to a person

any of the foregoing crimes ofconcubinae, adultery, seduction,abduction, rape or acts oflasciviousness can be prosecutedonly by the party or parties defamed!)rticle @D, last par., Revised /enal'ode*.

f the offended party is of leal ae )03does not suffer from physical or mental

disability, she alone can file thecomplaint to the e?clusion of all others.

6"O CAN 3IVE PARDON1. Concubinage and adultery ; only

the offended spouse, not otherwiseincapacitated, can validly e?tend thepardon or consent contemplatedtherein.

+. Seduction, abduction, and acts oflasciviousnessa* the offended minor, if with

sufficient discretion, can validlypardon the accused by herself ifshe has no parents or where theaccused is her own father andher mother is dead9

b* the parents, randparents oruardian of the offended minor,in that order, ')00OT e?tend avalid pardon in said crimes7T2O#T the conformity of theoffended party, even if thelatter is a minor9

c* if the offended woman is of aeand not otherwise incapacitated,only she can e?tend a validpardon.

The pardon refers to pardon $&OR&filin of the criminal complaint in court./ardon effected after the filin of thecomplaint in court does 0OT prohibit thecontinuance of the prosecution of theoffense &E'&/T in case of marriaebetween the offender and the offendedparty.

PARDON -s' CONSENT'onsent refers to future acts, while

pardon refers to past acts of adultery.The importance of this distinction is thatconsent, in order to absolve the accusedfrom liability, is sufficient even ifranted only to the offendin spouse,whereas pardon must be e?tended toboth offenders

The S#$S&


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3&SST)0'& of complainant does notbar criminal prosecution but it operatesas waiver of the riht to pursue civilindemnity.

S&ction 9' Su((ici&nc, o( com+laint orin(ormation'

CONTENTS OF A VALID COMPLAINT ORINFORMATION

1. 0ame of the accused, includinany appellation or nickname)n error in the name of theaccused is not reversible as lonas his identity is sufficientlyestablished and this defect is

curable at any stae of theproceedins as the insertion ofthe real name of the accused ismerely a matter of form.

+. The desination of the offense. The acts or omissions

complained of as constitutinthe offense

=. The name of the offended party>. The appro?imate time of the

commission of the offense@. The place wherein the offense

was committed

PURPOSE OF T"E RULE1. To inform the accused of the

nature and cause of accusationaainst him.

+. To notify the defendant of thecriminal acts imputed to him sothat he can duly prepare hisdefense.

Substantial defect in the informationcannot be cured by evidence that would

"eopardize the accused5s riht to beinformed of the true nature of theoffense he is bein chared with

S&ction :' Nam& o( t*& accus&d'

PURPOSEThe manifest intent of the provision is tomake a specific identification of theperson to whom the commission of anoffense is bein imputed.

S&ction ;' D&si.nation o( t*& o((&ns&'

The information or complaint must stateor desinate the followin whenever

possible81. The desination of the offense

iven by the statute.+. The statement of the acts or

omissions constitutin theoffense, in ordinary, concise andparticular words.

. The specific 4ualifyin andaravatin circumstances mustbe stated in ordinary and conciselanuae.

The 4ualifyin and aravatincircumstances cannot be appreciatedeven if proved #0:&SS alleed in theinformation.

n case of alleation of aravatincircumstance of 2)$T#):3&:0


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:imitation on the rule that an accusedmay be convicted of a crime which ismore serious than that named in thetitle so lon as the facts alleed the

more serious offense8

)n accused could not be convicted underone act when he is chared with aviolation of another if the chane fromone statute to the other involves8

a* a chane in the theory of thetrial9

b* re4uires of the defendant adifferent defense9 or

c* surprises the accused in any way!+.S. vs. Panlilio, 2 P#il. 603*

.S&ction


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arrainment, otherwise, he is deemed tohave waived the ob"ection and maybefound uilty of as many offenses as those

chared and proved durin the trial.

S&ction' $7' Am&ndm&nt orsu=stitution'

>INDS OF AMENDMENT1. $&OR& T2& /:&) covers both

substantial and formalamendment, 7T2O#T leave ofcourt.

+. )T&R T2& /:&) covers onlyformal amendment provided8

a* leave of court is obtainedb* such amendment is notpre"udicial to the rihts ofthe accused.

&E'&/T when a fact superveneswhich chanes the nature of thecrime chared in the informationor uprades it to a hiher crime,in which case, there is a needfor another arrainment of theaccused under the amendedinformation.

)n amendment is only in form where itneither affects nor alters the nature ofthe offense chared OR where thechare does not deprive the accused of afair opportunity to present his defenseOR where it does not involve a chane inthe basic theory of the prosecution.

Su=stitution f it appears at anytimebefore "udment that a mistake has beenmade in charin the proper offense, thecourt shall dismiss the oriinal complaint

or information upon the filin of a newone charin the proper offense,provided the accused shall not be placedin double "eopardy.

:imitation to the rule on substitution81. 0o "udment has yet been

rendered.+. The accused cannot be convicted

of the offense chared or of anyother offense necessarilyincluded therein.

. The accused would not be placedin double "eopardy.

AMENDMENT SU#STITUTION OFINFORMATION OR

COMPLAINT(ay involve either

formal or substantial

chanes

nvolves substantial

chane from the

oriinal chare

)mendment before

the plea has been

entered can be

effected without

leave of court.

Substitution of

information must be

with leave of court as

the oriinal

information has to be

dismissed.

)mendment is only

as to form, there is

no need for anotherpreliminary

investiation and the

retakin of the plea

of the accused.

)nother preliminary

investiation is

entailed and theaccused has to plead

anew to the new

information

)n amended

information refers to

the same offense

chared in the

oriinal information

or to an offense

which necessarily

includes or is

necessarily included

in the oriinal

chare, hence

substantial

amendments to the

information after the

plea has been taken

cannot be made over

the ob"ection of the

accused, for if the

oriinal information

would be withdrawn,the accused could

invoke double

"eopardy.

Re4uires or

presupposes that the

new information

involves a different

offense which does

not include or is not

necessarily included

in the oriinal

chare, hence the

accused cannot claim

double "eopardy.

VARIANCE #ET6EEN INDICTMENT ANDPROOF ?Situations Cont&m+lat&d@

1. 7hen the offense proved is lessserious than, and is necessarilyincluded in, the offense chared,in which case the defendantshall be convicted of the offense

proved.





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+. 7hen the offense proved is moreserious than and includes theoffense chared, in which casethe defendant shall be convicted

of the offense chared.. 7hen the offense proved is

neither included in, nor does itinclude, the offense chared andis different therefrom, in whichcase the court should dismiss theaction and order the filin of anew information charin theproper offense.

The third situation set forth above issubstitution of information under Section

1=, Rule 11D.

S&ction $8' Plac& )*&r& action is to =&institut&d'

PURPOSEThe purpose bein not to compel thedefendant to move to, and appear in adifferent court from that of the territorywhere the crime was committed, as itwould cause him reat inconvenience inlookin for his witnesses and otherevidence in another place !$eltran vs.

Ramos, C@ /hil. 1=C*.VENUE IS JURISDICTIONAL6enue is "urisdictional as the court hasno "urisdiction to try an offensecommitted outside its territorial"urisdiction. t cannot be waived, orchaned by areement of the parties, orby the consent of the defendant.

3ENERAL RULE! Sub"ect to e?istinlaws, in all criminal prosecutions, the

action must be instituted and tried inthe courts of the municipality orterritory where the offense wascommitted or any of its essentialinredients occurred.

ECEPTIONS TO T"E RULE OF VENUE!1. elonies under )rt. + of the

Revised /enal 'ode

Shall be conizable by theproper court where thecriminal action was firstfiled.

+. 'omple? 'rimes

7here the crime chared is a

comple? crime, the RT' ofany province in which anyone of the essentialelements of such comple?crime had been committedhas "urisdiction to takeconizance of the offense.

. Continuin. O((&ns& ; is onewhere the elements of whichoccur in several places, !unlike a:O'): O&0S& ; one which isfully consummated in one place*

The venue is in the placewhere one of its essentialelements was consummated.

=. /iracy The venue of piracy,unlike all other crimes, has noterritorial limits.

>. :ibel The action may beinstituted at the election of theoffended or suin party in theprovince or city8a* where the libelous article is

printed and first published9b* if one of the offended

parties is a privateindividual, where saidprivate individual actuallyresides at the time of thecommission of the offense9

c* if the offended party is apublic official, where thelatter holds office at thetime of the commission ofthe offense.

@. n e?ceptional circumstances toensure a fair trial and impartial

in4uiry. The S' shall have thepower to order a chane ofvenue or place of trial to avoidmiscarriae of "ustice !Section>J=K, )rticle 6, 1CBA'onstitution*.

S&ction $9' Int&r-&ntion o( t*&o((&nd&d +art, in criminal action'

3ENERAL RULE!Offended party has theriht to intervene by counsel in theprosecution of the criminal action,





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where the civil action for recovery ofcivil liability is instituted in the criminalaction pursuant to Rule 111.

ECEPTIONS!1. 7here from the nature of the

crime and the law definin andpunishin it, 0O civil liabilityarises in favor of the offendedparty9 and

+. 7here the offended party haswaived his riht to civilindemnity OR has e?presslyreserved his riht to institute acivil action OR has alreadyinstituted said action.

RULE $$$PROSECUTION OF CIVIL ACTIONS

S&ction $' Institution o( criminal andci-il actions'

3ENERAL RULE!7hen a criminal action is instituted, thecivil action for the recovery of civilliability arisin from the offense shall bedeemed instituted with the criminal

action.ECEPTIONS!

1. when the offended party 7)6&Sthe civil action

+. when the offended partyR&S&R6&S his riht to institute aseparate civil action

. when offended party 0STT#T&S) '6: )'TO0 /ROR to thecriminal action.

6"EN RESERVATION S"ALL #E MADE

1. before the prosecution starts topresent its evidence and

+. under circumstances affordinthe offended party to areasonable opportunity to makesuch reservation.

O0:- the civil liability arisin from thecrime chared as a felony is now deemedinstituted. 'ivil liability arisin fromother sources of obliations are noloner deemed instituted like thoseunder )rticle +, , = and +1A@ of the

'ivil 'ode which can be prosecuted evenwithout reservation.

n $/ ++ cases, no reservation to filethe civil action separately shall be

allowed.

RULES ON FILIN3 FEES OF CIVIL ACTIONDEEMED INSTITUTED 6IT" T"ECRIMINAL ACTION

1. 0O filin fees are re4uired foramounts of )'T#): 3)()F&S,&E'&/T with respect to criminalactions for violation of $/ ++, inwhich case, the offended partyshall pay in full the filin feesbased on the face value of the

check as the actual damaes9+. 3amaes other than actual!moral, e?emplary and otherdamaes* if specified in thecomplaint or information, thecorrespondin filin fees shall bepaid, otherwise the court willnot ac4uire "urisdiction oversuch damaes9

. 7here moral, e?emplary andother damaes are 0OT specifiedin the complaint or information,the rant and amount thereof

are left to the sound discretionof the trial court, thecorrespondin filin fees neednot be paid and shall simplyconstitute a first lien on the"udment.

'ounterclaims, cross;claims, thirdparty complaints are no loner allowedin a criminal proceedin. )ny claimwhich could have been the sub"ectthereof may be litiated in a separate

civil action.

S&ction 4' 6*&n s&+arat& ci-il action issus+&nd&d'

PRIMAC0 OF CRIMINAL ACTION OVERCIVIL ACTION

1. )fter the filin of the criminalaction, the civil action which hasbeen reserved ')00OT beinstituted until final "udmenthas been rendered in thecriminal action.





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+. f the civil action is instituted$&OR& the filin of the criminalaction and the criminal action issubse4uently commenced, the

pendin civil action shall besuspended until final "udmentin the criminal action has beenrendered.

ECEPTIONS!a* n cases of independent civil

actions based upon )rts. +, ,= and +1A@ of the 'ivil 'ode9

b* n cases where the civil actionpresents a pre"udicial 4uestion9

c* n cases where the civil action isconsolidated with the criminal

action9 andd* 7here the civil action is not oneintended to enforce the civilliability arisin from the offense.

ACQUITTAL IN A CRIMINAL CASE DOESNOT #AR T"E FILIN3 OF T"E CIVILCASE 6"ERE!

1. the ac4uittal is based onreasonable doubt, if the civilcase has been reserved

+. the decision contains adeclaration that the liability of

the accused is not criminal butonly civil in nature and

. the civil liability is not derivedfrom or based on the criminalact of which the accused isac4uitted !Sapiera vs. Co)r o*

Appeals, 31- SCRA 3%0*.

&?tinction of the penal action does notcarry with it the e?tinction of the civilaction, #0:&SS the e?tinction proceedsfrom a declaration in a final "udment

that the fact from which the civilliability miht arise did not e?ist.

The e?tinction of the civil liabilityrefers e?clusively to civil liability arisinfrom crime9 whereas, the civil liabilityfor the same act considered as a 4uasi;delict is not e?tinuished even by adeclaration in the criminal case that thecriminal act chared has not happenedor has not been committed by theaccused.

7here the criminal case was dismissedbefore trial because the offended partye?ecuted an affidavit of desistance, thecivil action thereof is similarly

dismissed.

S&ction 5' 6*&n ci-il action ma,+roc&&d ind&+&nd&ntl,'

The institution of an independent civilaction aainst the offender under)rticles +, , = and +1A@ of the 'ivil'ode may proceed independently of thecriminal case and at the same timewithout suspension of either proceedin.

Recovery of civil liability under )rticles+, , = and +1A@ of the 'ivil 'ode

arisin from the same act or omissionmay be prosecuted separately evenwithout a reservation. The reservationand waiver herein refers only to the civilaction for the recovery of civil liabilityarisin from the offense chared !D&P/mployees Credi Coop vs. ele, .R.

No. 12$22, Nov. 2$, 2001*.

PURPOSETo prevent the offended party from

recoverin damaes twice for the sameact or omission.

S&ction 7' E((&ct o( d&at* on ci-ilactions'

)T&R arrainment and durin thependency of the criminal action ;e?tinuishes the civil liability arisinfrom the delict.

$&OR& arrainment ; the case shall be

3S(SS&3 without pre"udice to any civilaction the offended party may fileaainst the estate of the deceased.

2owever, the independent civil actioninstituted under Section of this Rule orwhich thereafter is instituted to enforceliability arisin from other sources ofobliation may be continued aainst theestate or leal representative of theaccused after proper substitution oraainst said estate, as the case may be.





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S&ction :' El&m&nts o( +r&1udicial/u&stion'

Pr&1udicial Qu&stion; that which arises

in a case, the resolution of which is theloical antecedent of the issue involvedtherein, and the conizance of whichpertains to another tribunal. t must bedeterminative of the case before thecourt but the "urisdiction to try andresolve the 4uestion must be loded inanother court or tribunal.

Rational&! to avoid two conflictindecisions.

ELEMENTS OF A PREJUDICIALQUESTION1. The civil action must be

instituted prior to the criminalaction.

+. The civil action involves an issuesimilar or intimately related tothe issue raised in the criminalaction.

. The resolution of such issuedetermines whether or not thecriminal action may proceed.

6"ERE TO FILE PETITION FORSUSPENSION #0 REASON OFPREJUDICIAL QUESTION

1. Office of the prosecutor9 or+. court conductin the preliminary

investiation9 or. court where the criminal action

has been filed for trial at anytime before the prosecutionrests.

RULE $$4PRELIMINAR0 INVESTI3ATION

S&ction $' Pr&liminar, In-&sti.ationd&(in&d )*&n r&/uir&d'

Pr&liminar, In-&sti.ation; is an in4uiryor proceedin to determine whetherthere e?ists sufficient round toenender a well;founded belief that acrime has been committed and that therespondent is probably uilty thereof,

and should be held for trial. !Sec. 1,Rule 11+*

/reliminary nvestiation is re4uired to

be conducted $&OR& the filin of acomplaint or information for an offensewhere the penalty prescribed by law isat least = years, + months and 1 daywithout reard to the fine.

There is 0O riht of preliminaryinvestiation under Section A, Rule 11+when a person is :)7#::- arrestedunless there is a waiver of the provisionsof )rticle 1+> of the Revised /enal 'ode.2O7&6&R, the accused can ask for/reliminary nvestiation in the followincases8

1. if a person is arrested, he canask for preliminary investiation$&OR& the filin of thecomplaintGinformation $#T hemust sin a waiver in accordancewith )rticle 1+>, R/'.

+. )T&R the filin of theinformationGcomplaint, theaccused may, within > days fromthe time he learns of its filin

ask for preliminary investiation.

PURPOSES1. to determine whether a crime

has been committed andwhether there is probable causeto believe that the accused isuilty thereof9

+. to preserve evidence and keepthe witnesses within the controlof the State9

. to determine the amount of bail,

if the offense is bailable.

PRELIMINAR0 INVESTI3ATION!PERSONAL STATUTOR0 RI3"TThe riht to preliminary investiation isa personal riht covered by statute andmay be waived e?pressly or byimplication.

)bsence of preliminary investiationdoes not affect the "urisdiction of thecourt or invalidate the information if noob"ection was raised by the accused.





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REMEDIES OF T"E ACCUSED IF T"ERE6AS NO PRELIMINAR0 INVESTI3ATION

1. Refuse to enter a plea upon

arrainment and ob"ect tofurther proceedins upon suchround

+. nsist on a preliminaryinvestiation

. ile a certiorari, if refused=. Raise lack of preliminary

investiation as error on appeal>. ile for prohibition

)s preliminary investiation is 0OT apart of the trial, the dismissal of the

case by the investiator will notconstitute double "eopardy and will notbar the filin of another complaint forthe same offense, but if re;filed, theaccused is entitled to anotherpreliminary investiation !#.S. vs.(arfori, > /hil. @@@*.

S&ction 4' O((ic&rs aut*oriB&d toconduct +r&liminar, in-&sti.ation'

PERSONS AUT"ORIED TO CONDUCT APRELIMINAR0 INVESTI3ATION

1. /rovincial or city fiscal and theirassistants

+. %udes of the (T' and ('T'. 0ational and reional state

prosecutors=. Such other officers as may be

authorized by law such as8 the'O(&:&', Ombudsman and/'FF

S&ction 5' Proc&dur&

f respondent cannot be subpoenaed, orif subpoenaed but does not submit his

counter;affidavit within 1D days,investiatin officer shall resolve thecomplaint based on the evidencepresented by the complainant.

RI3"TS OF RESPONDENT IN APRELIMINAR0 INVESTI3ATION

1. to submit counter;affidavits+. to e?amine evidence submitted

by the complainant. to be present in the clarificatory

hearin.

The Rules do not re4uire the presence ofthe respondent in the /reliminary




2earin !optional*. t shall be heldwithin 1D days from submission of

counter;affidavits or from thee?piration of the period of their

submission.

Resolution ofinvestigating prosecutor

(Sec. 4 & 5).

ilin of the complaintaccompanied by the affidavits

and supportin documents.

7ithin 1D days after the filin, theinvestiatin officer shall either

dismiss or issue subpoena.

f subpoena is issued,respondent shall submit a

counter;affidavit and othersupportin documents within 1D

days from receipt thereof.


13/56



nvestiation, what is re4uired is that hebe iven the opportunity to controvertthe evidence of the complainant bysubmittin counter;affidavits.

S&ction 9' 6*&n )arrant o( arr&st ma,issu&Pro=a=l& Caus& presupposes areasonable round for belief in thee?istence of facts warrantin theproceedins complained of9

; an apparentstate of facts found to e?ist uponreasonable in4uiry which would induce areasonably intellient and prudent manto believe that the accused person had

committed the crime chared.

f the "ude finds probable cause, heshall issue a warrant of arrest, or acommitment order if the accused hadalready been arrested and hold him fortrial. f the "ude is satisfied that thereis no necessity for placin the accusedunder custody, he may issue summonsinstead of warrant of arrest.

The RT' "ude need 0OT personallye?amine the complaint and witnesses in

the determination of probable cause forthe issuance of the warrant of arrest. 2eis only re4uired to8

1. /ersonally evaluate the reportand the supportin documentssubmitted durin the preliminaryinvestiation by the fiscal9 and

+. On the basis thereof he may8a* 3ismiss9b* ssue warrant9 orc* Re4uire further affidavits.

INSTANCES 6"EN MTC MA0 CONDUCTPRELIMINAR0 INVESTI3ATION!

1. cases conizable by the RT' maybe filed with the (T' forpreliminary investiation9

+. cases conizable by the (T'because it is an offense wherethe penalty prescribed by law isat least four !=* years, two !+*months and one !1* day withoutreard to the fine.

n either situation, the (T' isauthorized to issue a warrant of arrest if

there is necessity of placin therespondent under immediate custody, inorder not to frustrate the ends of"ustice.

CONDITIONS #EFORE T"EINVESTI3ATIN3 MUNICIPAL TRIALJUD3E CAN ISSUE A 6ARRANT OFARREST !2errera, p. +B+*

1. 2ave e?amined in writin andunder oath the complainant andhis witnesses by searchin4uestions and answers9 searchin4uestions and answers such4uestions as may have thetendency to show the

commission of the crime and theperpetrator thereof9+. $e satisfied that a probable

cause e?ists9 and. That there is a need to place the

respondent under immediatecustody in order not to frustratethe ends of "ustice.

f the (T' "ude found probable causebut did not believe that the aforesaidconditions were met, he cannot becompelled by mandamus to issue the

same.

REMED0! The provincial fiscal, if hebelieves that the accused should beimmediately placed in custody, may filethe correspondin information so thatthe RT' may issue the necessary warrantof arrest !Sam)lde vs. Salvani, r., .R.No. %606, Sep. 26, 1$*.

7hile the "ude may rely on the fiscal5scertification thereof, the same is 0OT

conclusive on him as the issuance of saidwarrant calls for the e?ercise of "udicialdiscretion and, for that purpose, the"ude may re4uire the submission ofaffidavits of witnesses to aid him inarrivin at the proper conclusion, OR hemay re4uire the fiscal to conduct furtherpreliminary investiation orreinvestiation.

INSTANCES 6"EN 6ARRANT OF ARRESTNOT NECESSAR0





14/56


15/56



RULE $$5ARREST

S&ction $' D&(inition o( arr&st'

Arr&st the takin of a person intocustody in order that he may be boundto answer for the commission of anoffense !Sec. 1 Rule 11*.

Mod&s o( Arr&st1. arrest by virtue of a warrant+. arrest without a warrant under

e?ceptional circumstances asmay be provided by statute !Sec.>, Rule 11*.

ESSENTIAL REQUISITES OF A VALID6ARRANT OF ARREST

1. t must be issued upon probablecause which must be determinedpersonally by a "ude aftere?amination under oath oraffirmation of the complainantand the witnesses he mayproduce

+. The warrant must particularlydescribe the person to be seized

) warrant of arrest has 0O e?piry date.t remains valid until arrest is effectedor warrant is lifted.

REMED0 FOR 6ARRANTS IMPROPERL0ISSUED7here a warrant of arrest wasimproperly issued, the proper remedy isa petition to 4uash it, 0OT a petition forhabeas corpus, since the court in thelatter case may only order his releasebut not en"oin the further prosecution or

the preliminary e?amination of theaccused !Alimpoos vs. Co)r o* Appeals,106 SCRA 15$*.

/ostin of bail does not bar one from4uestionin illeal arrest !Section +@,Rule 11=, Rules of 'ourt*.

S&ction 4' Arr&st *o) mad&'

MODES OF EFFECTIN3 ARREST1. $y an actual restraint of the

person to be arrested.

+. $y his submission to the custodyof the person makin the arrest.

#pon arrest, the followin may be

confiscated from the person arrested81. Ob"ects sub"ect of the offense or

used or intended to be used inthe commission of the crime9

+. Ob"ects which are the fruits ofthe crime9

. Those which miht be used bythe arrested person to commitviolence or to escape9

=. 3anerous weapons and thosewhich may be used as evidencein the case.

S&ction 8' Arr&st )it*out )arrant)*&n la)(ul

LA6FUL 6ARRANTLESS ARREST1. 7hen, 0 2S /R&S&0'&, the

person to be arrested hascommitted, is actuallycommittin, or is attemptin tocommit an offense !in flarantedelicto arrests*9

+. 7hen an offense has in fact "ustbeen committed, and he has

probable cause to believe basedon /&RSO0): L0O7:&3F& offact and circumstance that theperson to be arrested hascommitted it9 !3octrine of 2ot/ursuit*

. 7hen the person to be arrestedis a prisoner who has escapedfrom a penal establishment orplace where he is servin final"udment or temporarilyconfined while his case is

pendin, or has escaped whilebein transferred from oneconfinement to another.

=. 7here a person who has beenlawfully arrested escapes or isrescued !Sec. 1, Rule 11*9

>. $y the bondsman for the purposeof surrenderin the accused!Sec. +, Rule 11=*9 and

@. 7here the accused attempts toleave the country withoutpermission of the court !Sec. +,Rule 11=*.





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f the arrest was effected withoutwarrant, the arrestin officer mustcomply with the provisions of )rt. 1+> ofthe R/', otherwise, he may be held

criminally liable for arbitrary detentionunder )rticle 1+= of the R/'.

RULES ON ILLE3ALIT0 OF ARREST1. )n accused who enters his plea

of 0OT uilty and participates inthe trial waives the illeality ofthe arrest. Ob"ection to theilleality must be raised beforearrainment, otherwise it isdeemed waived, as the accused,in this case, has voluntarily

submitted himself to the"urisdiction of the court.+. lleality of warrantless arrest

maybe cured by filin of aninformation in court and thesubse4uent issuance by the"ude of a warrant of arrest.

. Once a person has been dulychared in court, he may noloner 4uestion his detention bypetition for habeas corpus, hisremedy is to 4uash theinformation andGor the warrant

of arrest.

S&ction 9' Tim& o( main. arr&st'

#nlike a search warrant which must beserved only in daytime, an arrest may bemade on any day and at any time of theday or niht, even on a Sunday. This is"ustified by the necessity of preservinthe public peace.

S&ction :' M&t*od o( arr&st o( o((ic&r

=, -irtu& o( )arrant'

#nder this rule, an arrest may be madeeven if the police officer is not inpossession of the warrant of arrest!(allari vs. 'ourt of )ppeals, +@> S'R)=>@*. &?hibition of the warrant prior tothe arrest is not necessary. 2owever, ifafter the arrest, the person arrested sore4uires, the warrant shall be shown tohim as soon as practicable.

S&ction ;' M&t*od o( arr&st =, o((ic&r)it*out )arrant'

S&ction


17/56



officer has an

opportunity to

so inform him9

and

. when theivin of such

information

will imperil the

arrest.

Sec. C The private

person shall

inform the

person to be

arrested of

the intention

to arrest himand the cause

of the arrest.

0ote8 /rivate

person must

deliver the

arrested

person to the

nearest police

station or "ail,

otherwise, he

may be held

criminally

liable for

illeal

detention.

1. when the

person to be

arrested is

enaed in the

commission of

an offense or is

pursuedimmediately its

commission9

+. when he

has escaped,

flees, or

forcibly resists

before the

officer has an

opportunity to

so inform him9

and

. when the

ivin of such

information

will imperil the

arrest.

S&ction $%' O((ic&r ma, summonassistanc&'

Only an officer makin the arrest isoverned by the rule. t does not cover aprivate individual makin an arrest.

S&ction $$' Ri.*t o( o((ic&r to =r&ainto =uildin. or &nclosur&'

Re4uisites before an officer can breakinto a buildin or enclosure to make anarrest8

1. That the person to be arrested isor is reasonably believed to be insaid buildin9

+. That he has announced hisauthority and purpose forenterin therein9

. That he has re4uested and beendenied admittance.

Fenerally, a lawful arrest may be made

anywhere, even on private property or ina house. This rule is applicable bothwhere the arrest is under a warrant, andwhere there is valid warrantless arrest.

S&ction $4' Ri.*t to =r&a out o( t*&=uildin. or &nclosur& to &((&ct r&l&as&'

) private person makin an arrest')00OT break in or out of a buildin orenclosure because only officers areallowed by law to do so.

S&ction $5' Arr&st a(t&r &sca+& orr&scu&'

7here a person lawfully arrestedescapes or is rescued, any person mayimmediately pursue or retake himwithout a warrant at any time and in anyplace within the country. The pursuitmust be immediate.

S&ction $7' Ri.*t o( Attorn&, orr&lati-& to -isit +&rson arr&st&d'

R) A=B defined certain rihts of personsarrested, detained, or under custodialinvestiation, with the penalties forviolations thereof.

RULE $$7#AIL

S&ction $' #ail d&(in&d'

#ail ;; the security iven for the releaseof a person in custody of the law,furnished by him or a bondsman,conditioned upon his appearance beforeany court as re4uired under theconditions specified by the rule !Sec. 1,Rule 11=*.

) person is in the custody of law whenhe has been either arrested or otherwisedeprived of his freedom or when he has





18/56



voluntarily submitted himself to the"urisdiction of the court by surrenderinto the proper authorities.

)ll persons, e?cept those chared withoffenses punishable by reclusionperpetua when evidence of uilt isstron, shall, before conviction, bebailable by sufficient sureties, or bereleased on reconizance as may beprovided by law !Section 1, )rticle ,1CBA 'onstitution*.

Forms o( =ail!1. corporate surety+. property bond

. cash deposit=. reconizance

#AIL#OND RECO3NIANCE

)n obliation under

seal iven by the

accused with one or

more sureties, and

made payable to the

proper officer with

the condition to be

void upon

performance by the

accused of such acts

as he may leally be

re4uired to perform

an obliation of

record, entered into

before some court or

maistrate duly

authorized to take it,

with the condition to

do some particular

act9

/rosecution witnesses may also bere4uired to post bail to ensure theirappearance at the trial of the casewhere8

1. there is a substitution ofinformation !Sec. =, Rule11D*,and

+. where the court believes that a

material witness may not appearat the trial !Sec. 1=, Rule 11C*.

S&ction 4' Conditions o( t*& =ailr&/uir&m&nts'

CONDITIONS OF #AIL1. The undertakin shall be

effective upon approval, and,unless cancelled, shall remain inforce at all staes of the caseuntil promulation of the

"udment of the RT',

irrespective of whether the casewas oriinally filed in orappealed to it9

+. The accused shall appear before

the proper courts whenever sore4uired by the court or theseRules9

. The failure of the accused toappear at the trial without"ustification despite due noticeshall be deemed a waiver of hisriht to be present thereat. nsuch case, the trial may proceedin absentia9

=. The bondsman shall surrenderthe accused to court for

e?ecution of the final "udment.

0o additional conditions can be imposed.

) detention prisoner who escaped waiveshis riht to cross;e?amination !imenev. Naareno*.

$y filin a fake bail bond, an appellant isdeemed to have escaped fromconfinement durin the pendency of hisappeal and in the normal course ofthins, his appeal should be dismissed.

0o release or transfer e?cept on courtorder or bail.0o person under detention by lealprocess shall be released or transferrede?cept upon order of the court or whenhe is admitted to bail !Sec. *.

S&ction 7' #ail a matt&r o( ri.*t&Hc&+tion'

7hen a matter of riht8

1. before or after conviction in thelower courts9 )03

+. before conviction by the RT',&E'&/T when the imposablepenalty is death, reclusionperpetua or life imprisonmentand evidence of uilt is stron.

n instances where bail is a matter ofriht and the bail to be ranted is basedon the recommendation of theprosecution as stated in the information





19/56



or complaint, a hearin is 0OTnecessary.

$ut where, however, there is a reduction

of bail as recommended or afterconviction by the RT' of an offense notpunishable by death, reclusion perpetua,or life imprisonment wherein the rantof bail is discretionary, there must be ahearin before a bail is ranted in orderto afford the prosecution the chance tooppose it !(angayan vs. ()a4an, 3-5SCRA 301*.

The prosecution cannot adduce evidencefor the denial of bail where it is a matter

of riht. 2owever, where the rant ofbail is discretionary, the prosecutionmay show proof to deny the bail.

)n e?traditee is not entitled to bail. The'onstitutional provision on $ail as wellas Sec. = of Rule 11= applies only when aperson has been arrested and detainedfor violation of /hilippine 'riminal laws.t does not apply to e?traditionproceedins because e?tradition courtsdo not render "udments of conviction orac4uittal !ov. o* +S vs. )dge

P)rganan, Sep. 2-, 2002*.

S&ction 8' #ail )*&ndiscr&tionar,'

RULES ON AVAILA#ILIT0 OF #AIL1. Reardless of stae of the

criminal prosecution, no bailshall be allowed if the accused ischared with a capital offense oran offense punishable byreclusion perpetua )03 the

evidence of uilt is stron !Sec.A*9

+. $efore and after conviction bythe (T', (unicipal Trial 'ourt or('T', bail is a matter of riht!Sec.=*.

. $efore conviction by the RT'whether in the e?ercise of itsoriinal or appellate "urisdiction,bail is a matter of riht. !Sec.=*

=. #pon conviction by the RT' of anoffense not punishable by death,reclusion perpetua or life

imprisonment, admission to bailis discretionary !Sec. >*9

>. )fter conviction by the RT'wherein a penalty of

imprisonment e?ceedin @ butnot more than +D years isimposed, and not one of thecircumstances below is presentand proved, bail is a matter ofdiscretion !Sec.>*.a* Recidivism, 4uasi;recidivism

or habitual delin4uency orcommission of crimearavated by thecircumstances of reiteration.

b* /revious escape from leal

confinement, evasion ofsentence or violation of theconditions of bail withoutvalid "ustification.

c* 'ommission of the offensewhile on probation, parole orunder conditional pardon

d* 'ircumstance of the accusedor his case indicates theprobability of fliht ifreleased on bail

e* #ndue risk of commission ofanother crime by the

accused durin pendency ofappeal.

@. )fter conviction by the RT'imposin a penalty ofimprisonment e?ceedin @ yearsbut not more than +D years andany of the circumstanceenumerated above and othersimilar circumstance is presentand proved, no bail shall beranted !Sec.>*9

A. )fter "udment has become final

unless accused applied forprobation before commencin toserve sentence of penalty andoffense within purview ofprobation law !Sec. +=*.

S&ction 9' Ca+ital O((&ns& d&(in&d'

Ca+ital O((&ns& is an offense which,under the law e?istin at the time of itscommission )03 at the time of theapplication to be admitted to bail, maybe punished with death.





20/56



f the law at the time of commissiondoes not impose the death penalty, thesubse4uent amendment of the law

increasin the penalty cannot apply tothe case, otherwise it would be e? postfacto, and penalties are determined bythe law at the time of the commission ofthe offense.

f the law at the time of the applicationfor bail has amended the prior law whichimposed the death penalty by reducinsuch penalty, such favorable lawenerally has a retroactive effect.

S&ction :' Ca+ital O((&ns& not =aila=l&'

'apital offense or those punishable byreclusion perpetua, life imprisonment ordeath are 0OT $):)$:& when evidenceof uilt is stron.ECEPTION!f the accused chared witha capital offense is a minor.

S&ction ;' #urd&n o( +roo( in =aila++lication'

The hearin should be summary or

otherwise in the discretion of the courtbut the riht of the prosecution tocontrol the 4uantum of evidence and theorder of presentation of witnesses mustbe e4uated with the purpose of thehearin to determine the bailability ofthe accused.

The burden of provin that the evidenceof uilt is stron lies within the fence ofthe prosecution. !Comia vs. Anona, 33%SCRA 656*

&vidence of uilt is stron when proof isevident or the presumption of uilt isstron. The test is 0OT whether theevidence establishes uilt beyondreasonable doubt but rather whether itshows

shows evident uilt or a reatpresumption of uilt.

S&ction


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The purpose of the rule re4uirin theaffidavit of 4ualification by the suretybefore the "ude, is to enable the latterto determine whether or not the surety

possesses the 4ualification to act assuch, especially his financial worth.

The "ustification bein under oath, anyfalsity introduced thereto by the suretyupon a matter of sinificance wouldrender him liable for per"ury.

S&ction $7' D&+osit o( cas* as =ail'

EFFECT OF DEPOSITIN3 CAS" AS #AIL)ccused shall be dischared from

custody as it is considered as bail.

S&ction $8' R&co.niBanc&

R&co.niBanc& ; an obliation of record,entered into before some court orofficer authorized to take it with acondition to do some particular act andthe accused is often allowed to obliatehimself to answer the chare.

S&ction $9' #ail )*&n not r&/uir&dr&duc&d =ail on r&co.niBanc&'

nstances wherein the accused may bereleased on reconizance, withoutputtin bail or on reduced bail8

')0 $&R&:&)S&37T2O#T $):

1. Offense chared is

violation of an

ordinance, liht

felony or a criminal

offense, the

imposable penalty

wherefore does note?ceed @ months of

imprisonment andGor

fine of / +,DDD under

R.).@D@.

+. 7here the accused

has applied for

probation and

before the same has

been resolved but

no bail was filed or

the accused is

incapable of filin

one, in which case

he may be released

on reconizance

. n case of a

youthful offender

held for physical or

mental e?amination,

trial or appeal, if

unable to furnish bail

and under the

circumstances under

/3 @D, as amended

O0 R&3#'&3

$): OR O0 2SO70R&'OF0M)0'&

) person in custody for a

period e4ual to or morethan the minimum of the

principal penalty

prescribed for the

offense chared, without

application of the

indeterminate sentence

law or any modifyin

circumstance shall be

released on reduced bail

or on his own

reconizance.

#03&R T2&R&6S&3 R#:&SO0 S#(()R-/RO'&3#R&

Feneral Rule8 no bail

&?ception8

1. 7hen a warrant of

arrest is issued for

failure to appear when

re4uired by the court

+. 7hen the accused

; is a recidivist9

; is a fuitive from

"ustice9

; is chared with

physical in"uries

; does not reside in the

place where theviolation of the law or

ordinance is

committed9 or

;has not reside in the

place where the

violation of the law or

ordinance is

committed9 or

;has no known

residence

S&ction $:' #ail )*&r& (il&d'





22/56



1. (ay be filed with the courtwhere the case is pendin, or inthe absence or unavailability ofthe "ude thereof, with another

branch of the same court withinthe province or city.

+. 7henever the rant of bail is amatter of discretion, or theaccused seeks to be released onreconizance,

. the application therefor may befiled only in the particular courtwhere the case is pendin,whether for preliminaryinvestiation, trial or appeal.

=. )ny person in custody who is not

yet chared in court may applyfor bail with any court in theprovince, city or municipalitywhere he is held.

S&ction $;' Notic& o( a++lication to+ros&cutor'Such notice is necessary because theburden of provin that the evidence ofuilt is stron is on the prosecution andthat the discretion of the court inadmittin the accused to bail can onlybe e?ercised after the fiscal has been

heard reardin the nature of theevidence in his possession. !People vs.Raba, 130 P#il. 3-*

S&ction $


23/56



The bail bond is automatically cancelledupon the ac4uittal of the accused ordismissal of the case or e?ecution of the

final order of conviction, withoutpre"udice to any liability on the bondincurred prior to their dischare.

MET"ODS #0 6"IC" SURETIES MA0RELIEVE T"EMSELVES FROMRESPONSI#ILITIES

a. )rrest the principal and deliverhim to the proper authorities9

b. They may cause his arrest to bemade by any police officer orother person of suitable ae or

discretion9 orc. $y endorsin the authority toarrest upon a certified copy ofthe undertakin and deliverin itto such officer or person

S&ction 45' Arr&st o( accus&d out on=ail'

)n accused released on bail may be re;arrested without a warrant if heattempts to depart from the /hilippineswithout prior permission of the court

where the case is pendin.

S&ction 47' No =ail a(t&r (inal1ud.m&nt &Hc&+tion'

3ENERAL RULE! The finality of the"udment terminates the criminalproceedin. $ail becomes of no avail.The "udment contemplated is a"udment of conviction. The "udment isfinal if the accused does not appeal theconviction.

0o bail shall be ranted after "udment,if the case has become final even ifcontinued confinement of the accusedwould be detrimental or danerous to hishealth. The remedy would be to submithim to medical treatment orhospitalization.

ECEPTION! f the accused applies forprobation he may be allowed temporary

liberty under his e?istin bail bond, or ifno bail was filed, or is incapable of filinone, he may be released onreconizance to the custody of a

responsible member of the community

The application for probation must befiled within the period of perfectin anappeal. Such filin operates as a waiverof the riht to appeal. The accused inthe meantime, is entitled to be releasedon bail or reconizance. !Sec. =, /3 C@B,as amended*

S&ction 48' Court su+&r-ision o(d&tain&&s'

The employment of physical,psycholoical or deradin punishmentaainst any prisoner or detainee or theuse of substandard or inade4uate penalfacilities under subhuman conditionsshall be dealt with by law !Section 1C!+*,)rticle , 1CBA 'onstitution*.

S&ction 49' #ail not a =ar to o=1&ctionon ill&.al arr&st lac o( or irr&.ular+r&liminar, in-&sti.ation'

AN APPLICATION FOR OR ADMISSION TO#AIL S"ALL NOT #AR T"E ACCUSED

a. from challenin the validity ofhis arrest OR

b. leality of the warrant issuedtherefore, OR

c. from assailin the reularity or4uestionin the absence ofpreliminary investiation of thechare aainst him, /RO63&3,he raises them before enterinhis plea.

RULE $$8RI3"TS OF T"E ACCUSED

This rule enumerates the rihts of aperson accused of an offense, which areboth constitutional as well as statutory,save the riht to appeal, which is purelystatutory in character.

S&ction $' Ri.*ts o( t*& accus&d at t*&trial'





24/56



A' TO #E PRESUMED INNOCENTn all criminal prosecutions, the accusedis presumed innocent until the contraryis proved beyond reasonable doubt.

R&asona=l& Dou=t is that doubtenendered by an investiation of thewhole proof and an inability, after suchinvestiation, to let the mind rest easyupon the certainty of uilt. )bsolutecertainty of uilt is not demanded by thelaw to convict of any criminal chare butmoral certainty is re4uired, and thiscertainty is re4uired as to everyproposition of proof re4uisite toconstitute the offense.

&4uipoise rule where the evidence ofthe parties in a criminal case are evenlybalanced, the constitutional presumptionof innocence should tilt in favor of theaccused and must be ac4uitted.

#' TO #E INFORMED OF T"E NATUREAND T"E CAUSE OF T"E ACCUSATIONA3AINST "IM')n accused cannot be convicted of anoffense unless it is clearly chared in thecomplaint or information. To convict him

of an offense other than that chared inthe complaint or information would be aviolation of this constitutional riht!People vs. rega, 2%6 SCRA 166*.

7hen a person is chared in a complaintwith a crime and the evidence does notshow that he is uilty thereof, but doesshow that he is uilty of some othercrime or a lesser offense, the court maysentence e him for the lesser offense,/RO63&3 the lesser offense is a conate

offense and is included in the complaintwith the court.

C' TO #E PRESENT AND DEFEND INPERSON AND #0 COUNSEL AT EVER0STA3E OF T"E PROCEEDIN3

T"E PRESENCE OF T"E ACCUSED ISREQUIRED ONL0

1. 3urin arrainment !Sec. 1b,rule 11@*

+. /romulation of "udment&E'&/T when the conviction isfor a liht offense, in whichcase, it may be pronounced in

the presence of his counsel or arepresentative

. 7hen ordered by the court forpurposes of identification

0ot applicable in S' and ') ; The lawsecurin to an accused person the rihtto be present at every stae of theproceedins has no application to theproceedins before the 'ourt of )ppealsand the Supreme 'ourt nor to the entryand promulation of their "udments The

defendant need not be present in courtdurin the hearin of the appeal. !Sec. CRule 1+=*

)ccused may waive his riht to bepresent durin the trial. 2O7&6&R, hispresence may be compelled when he isto be identified. !A)ino, r. vs.&iliary Commission, 63 SCRA 5-6*

EFFECTS OF 6AIVER OF T"E RI3"T TOAPPEAR #0 T"E ACCUSED

1. waiver of the riht to present

evidence9+. prosecution can present

evidence if accused fails toappear9

. the court can decide withoutaccused5s evidence.

TRIAL IN A#SENTIAt is important to state that the provisionof the 'onstitution authorizin the trialin absentia of the accused in case of hisnon;appearance )T&R )RR)F0(&0T

despite due notice simply means that hethereby waives his riht to meet thewitnesses face to face amon others.

Such waiver of a riht of the accuseddoes not mean a release of the accusedfrom his obliation under the bond toappear in court whenever so re4uired.The accused may waive his riht but nothis duty or obliation to the court.

REQUIREMENTS FOR TRIAL IN A#SENTIA1. accused has been arrained





25/56



+. he has been duly notified of thetrial

. his failure to appear isun"ustified

)n escapee who has been duly tried inabsentia waives his riht to presentevidence on his own behalf and toconfront and cross;e?amine witnesseswho testified aainst him. !imene vs.Naareno, 160 SCRA 1*

D' RI3"T TO COUNSELThe riht covers the period beinninfrom custodial investiation, well intothe rendition of the "udment and even

on appeal. !People vs. Sero, r., 2%-SCRA 553*

f durin the investiation the assistinlawyer left, or come and o, thestatement sined by the accused is stillinadmissible because the lawyer shouldassist his client from the time theconfessant answers the first 4uestionasked by the investiatin officer untilthe sinin of the e?tra"udicialconfession. !People vs. &orial, 363 SCRA$6*

The riht to counsel and the riht toremain silent do not cease even after acriminal complaintGinformation hasalready been filed aainst the accused,)S :O0F )S he is still in custody.

The duty of the court to appoint acounsel de oficio when the accused hasno leal counsel of choice and desires toemploy the services of one is()03)TOR- only at the time of

arrainment. !Sec. @ Rule 11@*

E' TO TESTIF0 AS 6ITNESS IN "IS O6N#E"ALF) denial of the defendant5s riht totestify in his behalf would constitute anun"ustifiable violation of hisconstitutional riht. !People vs.Saniago, -6 P#il. %3-*

f the accused testifies, he may be cross;e?amined but O0:- on matters coveredby his direct e?amination, unlike an

ordinary witness who can be cross;e?amined as to any matter stated in thedirect e?amination or connectedtherewith !Section @, Rule 1+*. 2is

failure to testify is not taken aainst himbut failure to produce evidence in hisbehalf is considered aainst him !+.S.vs. (ay, $% P#il. -$5*.

F' RI3"T A3AINST SELFINCRIMINATION

The accused is protected under this rulefrom 4uestions which tend to incriminatehim, that is, which may sub"ect him topenal liability.

The riht may be waived by the failureof the accused to invoke the privilee atthe proper time, that is, )T&R theincriminatin 4uestion is asked andbefore his answer9

The privilee of the accused to bee?empt from testifyin as a witnessinvolves a prohibition aainst testimonialcompulsion only and the production bythe accused of incriminatin documents,and articles demanded from him. !+.S.vs. !an !eng, 23 P#il. 1-5*

ECEPTIONS! immunity statutes such as81. R) 1AC orfeiture of lleally

obtained wealth+. R) A=C $ribery and Fraft cases

RI3"T OF T"E ACCUSED A3AINST SELFINCRIMINATION VS' RI3"T OF T"AT OFAN ORDINAR0 6ITNESSThe ordinary witness may be compelledto take the witness stand and claim theprivilee as each 4uestion re4uirin an

incriminatin answer is shot at him, anaccused may altoether refuse to takethe witness stand and refuse to answerany and all 4uestions.

3' RI3"T TO CONFRONT AND CROSSEAMINE T"E 6ITNESSES A3AINST "IMAT TRIAL

Con(rontation is the act of settin awitness face;to;face with the accused sothat the latter may make any ob"ectionhe has to the witness, and the witness





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may identify the accused, and this musttake place in the presence of the courthavin "urisdiction to permit theprivilee of cross;e?amination.

The main purpose of the riht toconfrontation is to secure theopportunity of cross;e?amination and thesecondary purpose is to enable the "udeto observe the demeanor of witnesses.

n any criminal proceedin, thedefendant en"oys the riht to havecompulsory process to secure theattendance of witnesses and theproduction of evidence in his behalf.

"' RI3"T TO SPEED0 IMPARTIAL ANDPU#LIC TRIALThe riht to a speedy trial is intended toavoid oppression and to prevent delay byimposin on the courts and on theprosecution an obliation to proceedwith reasonable dispatch.

The courts, in determinin whether theriht of the accused to a speedy trial hasbeen denied, should consider such factsas the lenth of the delay, the accused5s

assertion or non;assertion of his riht,and the pre"udice to the accusedresultin from the delay.There is 0O violation of the riht wherethe delay is imputable to the accused.!Solis vs. Agloro, 6- SCRA 3%0*

REMEDIES AVAILA#LE TO T"E ACCUSED6"EN "IS RI3"T TO A SPEED0 TRIAL ISVIOLATED

1. 2e should ask for the trial of the

case not for the dismissal9+. #nreasonable delay of the trial

of a criminal case as to make thedetention of defendant illealives round for habeas corpusas a remedy for obtaininrelease so as to avoid detentionfor a reasonable period of time

. )ccused would be entitled torelief in a mandamus proceedinto compel the dismissal of theinformation.

IMPARTIAL TRIAL3ue process of law re4uires a hearinbefore an impartial and disinterestedtribunal, and that every litiant is

entitled to nothin less than the coldneutrality of an impartial "ude. !&aeo,

r. vs. illal), 50 SCRA 10*

Pu=lic trial one held openly orpublicly9 it is sufficient that the relativesand friends who want to watch theproceedins are iven the opportunity towitness the proceedins.

ECLUSION OF T"E PU#LIC IS VALID6"EN!

1. evidence to be produced isoffensive to decency or publicmorals9

+. upon motion of the accused9!Sec. +1, Rule 11C*

RULE ON TRIAL #0 PU#LICIT0The riht of the accused to a fair trial isnot incompatible to a free press./ervasive publicity is not per se aspre"udicial to the riht to a fair trial. Towarrant a findin of pre"udicialpublicity, there must be alleations and

proof that the "udes have been undulyinfluenced, not simply that they mihtbe, by the barrae of publicity. !Peoplevs. !ee#an7ee, 2-$ SCRA 5-*

I' RI3"T TO APPEAL ON ALLCASES ALLO6ED #0 LA6 AND IN T"EMANNER PRESCRI#ED #0 LA6'The riht to appeal from a "udment ofconviction is fundamentally of statutoryoriin. t is not a matter of absoluteriht, independently of constitutional or

statutory provisions allowin suchappeal.

6AIVER OF T"E RI3"T TO APPEALThe riht to appeal is personal to theaccused and similarly to other rihts ofkindred nature, it may be waived eithere?pressly or by implication. 2O7&6&R,where death penalty is imposed, suchriht cannot be waived as the review ofthe "udment by the 'O#RT O )//&):Sis automatic and mandatory !).(. 0O.DD;>;D;S'*.





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T"E SPEED0 TRIAL ACT OF $. such other matter as will

promote a fair and e?peditioustrial9

TIME LIMIT FOR T"E TRIAL OF CRIMINALCASES! S2):: 0OT &E'&&3 1BD daysfrom the first day of trial, 2O7&6&R,this rule is 0OT )$SO:#T&, for the lawprovides for the followin ECEPTIONS!

1. those overned by the Rules onSummary /rocedure9 or

+. where the penalty prescribed bylaw 3O&S 0OT &E'&&3 @ monthsimprisonment or a fine of /1,DDD

or both9. those authorized by the 'hief

%ustice of the S'9

PERIOD FOR ARRAI3NMENT OF T"EACCUSED7ithin D days from the filin of theinformation, or from the date theaccused appealed before the"usticeG"udeGcourt in which the chareis pendin, whichever date last occurs.

6"EN S"ALL TRIAL COMMENCE AFTERARRAI3NMENT7ithin D days from arrainment,2O7&6&R, it may be e?tended $#T only8

1. for 1BD days for the first 1+calendar month period from theeffectivity of the law9

+. 1+D days for the second 1+month period9 and

. BD days for the third 1+ monthperiod.

RULE $$9ARRAI3NMENT AND PLEA

S&ction $' Arrai.nm&nt and +l&a *o)mad&'

Arrai.nm&nt the formal mode ofimplementin the constitutional riht ofthe accused to be informed of thenature of the accusation aainst him.

6"ERE AND "O6 MADE!

1. $efore the court where thecomplaint or information hasbeen filed or assined for trial9

+. in open court, by the "ude orclerk by furnishin the accused acopy of the complaint orinformation with the list of thewitnesses, readin it in alanuae or dialect known to himand askin him of his plea9

RULES!1. Trial in absentia is allowed only

)T&R arrainment9+. %udment is enerally void if the

accused has not been arrained9. There can be no arrainment in

absentia !accused mustpersonally enter his plea*9

=. if the accused went to trialwithout arrainment, but hiscounsel had the opportunity tocross;e?amine the witness of theprosecution and after theprosecution he was arrained the

defect was cured9

f an information is amended()T&R)::-, arrainment on theamended information is ()03)TOR-,e?cept if the amendment is only as toform9

Pl&a the matter which the accused, onhis arrainment, allees in answer to thechare aainst him.





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PERIOD TO PLEA7hen the accused is under preventivedetention8 his case shall be raffled and

its records transmitted to the "ude towhom the case was raffled within daysfrom the filin of the information orcomplaint and the accused arrainedwithin 1D days from the date of theraffle. The pre;trial conference of hiscase shall be held within 1D days afterarrainment.

7hen the accused is 0OT underpreventive detention8 unless a shorterperiod is provided by special law or

Supreme 'ourt circular, the arrainmentshall be held within D days from thedate the court ac4uires "urisdiction overthe person of the accused. The time ofthe pendency of a motion to 4uash, orfor bill of particulars, or other causes"ustifyin suspension of the arrainment,shall be e?cluded in computin theperiod.

6"EN S"OULD A PLEA OF NOT 3UILT0#E ENTERED

1. when the accused so pleaded

+. when he refuses to plead. where in admittin the act

chared, he sets up matters ofdefense or with lawful"ustification

=. when he enters a conditionalplea of uilt

>. where, after a plea of uilt, heintroduces evidence of self;defense or other e?culpatorycircumstances

@. when the plea is indefinite or

ambiuous)n unconditional plea of uilt admits ofthe crime and all the attendantcircumstances alleed in the informationincludin the alleations of conspiracyand warrants of "udment of convictionwithout need of further evidenceECEPT!!') 30*

1. 7here the plea of uilty wascompelled by violence orintimidation.

+. 7hen the accused did not fullyunderstand the meanin andconse4uences of his plea.

. 7here the information is

insufficient to sustain convictionof the offense chared.

=. 7here the information does notchare an offense, anyconviction thereunder beinvoid.

>. 7here the court has no"urisdiction.

S&ction 4' Pl&a o( 3uilt, to a l&ss&ro((&ns&'

)n accused may enter a plea of uilty toa lesser offense /RO63&3 that there isconsent of the offended party and theprosecutor to the plea of uilty to alesser offense which is necessarilyincluded in the offense chared.

)fter arrainment but $&OR& trial, theaccused may still be allowed to pleaduilty to a lesser offense afterwithdrawin his plea of not uilty. n thisplea of uilty to a lesser offense, noamendment of the complaint or

information is necessary.

f the accused entered a plea to a lesseroffense 7T2O#T the consent of theoffended party and the prosecutor )03he was convicted, his subse4uentconviction of the crime chared would0OT place him in 3ouble %eopardy.

S&ction 5' Pl&a o( .uilt, to ca+italo((&ns& r&c&+tion o( &-id&nc&'

7hen the accused pleads uilty to acapital offense, the court shall8

1. conduct a searchin in4uiry intothe voluntariness and fullcomprehension of theconse4uences of his plea9

+. re4uire the prosecution to provehis uilt and the precise dereeof his culpability9

. ask the accused if he desires topresent evidence in his behalfand allow him to do so if hedesires.





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To constitute searchin in4uiry, the4uestionin must focus on8

1. the voluntariness of the plea9

and+. 7hether the accused understood

fully the conse4uence of hisplea.

S&ction 8' 6it*dra)al o( im+ro-id&nt+l&a o( .uilt,'

Pl&a o( 3uilt, an unconditionaladmission of uilt, freely, voluntarilyand made with full knowlede of theconse4uences and meanin of his act and

with a clear understandin of the precisenature of the crime chared in thecomplaint or information9

INSTANCES OF IMPROVIDENT PLEA1. plea of uilty was compelled by

violence or intimidation+. the accused did not fully

understand the meanin andconse4uences of his plea

. insufficient information tosustain conviction of the offensechared

=. information does not chare anoffense, any convictionthereunder bein void

>. court has no "urisdiction

)t any time before the "udment ofconviction becomes final, the court maypermit an improvident plea of uilty tobe withdrawn and be substituted by aplea of not uilty.

The withdrawal of a plea of uilty is not

a matter of riht to the accused but ofsound discretion to the trial court.!People vs. 8ambrino, 103 P#il. 50-*

S&ction 9' Dut, o( t*& court to in(ormaccus&d o( *is ri.*t to couns&l'

DUTIES OF T"E COURT 6"EN T"EACCUSED APPEARS #EFORE IT 6IT"OUTCOUNSEL

1. t must inform the defendantthat it is his riht to have anattorney before bein arrained9

+. )fter ivin him such

information, the court must askhim if he desires the aid of anattorney9

. f he desires and is unable toemploy one, the court mustassin an attorney de oficio todefend him9 and

=. f the accused desires to procurean attorney of his own, the courtmust rant him reasonable timetherefor.

S&ction :' A++ointm&nt o( couns&l d&o(icio'

PURPOSETo secure to the accused, who is unableto enae the services of an attorney ofhis own choice, effective representationby makin it imperative on the part ofthe court to consider in the appointmentof counsel de oficio, the ravity of theoffense and the difficulty of the4uestions likely to arise in the case vis;N;

vis the ability and e?perience of theprospective appointee.

S&ction ;' Tim& (or couns&l d& o(icio to+r&+ar& (or arrai.nm&nt'

)s to what is reasonable time, itdepends upon the circumstancessurroundin the case like the ravity ofthe offense, comple?ity of thealleations in the complaint or

information, whether a motion to 4uashor a bill of particulars has to be filed,and other similar considerations.

S&ction


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%ust in civil cases, the bill of particularshere should be considered an interalpart of the complaint or information

which it supplements.The remedy aainst an indictmentthat fails to allee the time ofcommission of the offense withsufficient definiteness is a motionfor a bill of particulars, not amotion to 4uash.

The failure to ask for $ill of /articularsamounts to a waiver of such riht.

S&ction $%' Production or ins+&ction o(

mat&rial &-id&nc& in +oss&ssion o(+ros&cution'

S&ction $$' Sus+&nsion o( arrai.nm&nt

3ROUNDS FOR SUSPENSION1. the accused appears to be

sufferin from an unsoundmental condition whicheffectively renders him unableto fully understand the chareaainst him and to pleadintelliently thereto9

+. there e?ists a valid pre"udicial4uestion9 and

. a petition for review of theresolution of the prosecutor ispendin at the 3epartment of%ustice or the Office of the/resident9 provided that theperiod of suspension shall note?ceed @D days counted from thefilin of the petition.

RULE $$:MOTION TO QUAS"

S&ction $' Tim& to mo-& to /uas*'

Motion to Quas* this presupposes thatthe accused hypothetically admits thefacts alleed, hence the court inresolvin the motion cannot considerfacts contrary to those alleed in theinformation or which do not appear onthe face of the information, e?ceptthose admitted by the prosecution.

3ENERAL RULE!The accused may moveto 4uash the complaint or information atany time $&OR& enterin his plea.

ECEPTION nstances where a motionto 4uash may be filed )T&R plea8

1. failure to chare an offense+. lack of "urisdiction over the

offense chared. e?tinction of the offense or

penalty=. the defendant has been in

former "eopardy.

Motion toQuas*

D&murr&r toE-id&nc&

filed before thedefendant enters

his plea

filed after theprosecution has

rested its case

3oes not o into

the merits of the

case but is

anchored on

matters not

directly related

to the 4uestion

of uilt or

innocence of the

accused

based upon the

inade4uacy of

the evidence

adduced by the

prosecution in

support of the

accusation

Foverned by

Rule 11A of the

Rules of 'riminal

/rocedure

overned by Rule

11C of the Rules

of 'riminal

/rocedure

S&ction 4' Form and cont&nts.

FORM AND CONTENTS OF A MOTION TOQUAS"

1. in writin+. sined by the accused or his

counsel. shall specify distinctly the

factual and leal roundstherefor.

The court shall consider no roundsother than those stated in the motion,&E'&/T lack of "urisdiction over theoffense chared and when theinformation does not chare an offense.) motion to suspend the issuance of awarrant of arrest should be considered

as a motion to 4uash if the alleations





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therein are to the effect that the factschared in the information do notconstitute an offense.

RESOLUTION OF A MOTION TO QUAS") motion to 4uash must be resolved$&OR& trial and cannot defer thehearin and determination of saidmotion until trial on the merits as itwould impair the riht of the accused tospeedy trial.

t may also be resolved at thepreliminary investiation since theinvestiatin officer or "ude has thepower to either dismiss the case or bind

the accused over for trial by the propercourt, dependin on its determination oflack or presence of probable cause.

S&ction 5' 3rounds'1. That the facts chared do not

constitute an offense9+. That the court tryin the case

has no "urisdiction over theoffense chared9

. That the court tryin the casehas no "urisdiction over theperson of the accused9

=. That the officer who filed theinformation had no authority todo so9

>. That it does not conformsubstantially to the prescribedform9

@. That more that one offense ischared e?cept when a sinlepunishment for various offensesis prescribed by law9

A. That the criminal action orliability has been e?tinuished9

B. That it

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