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RULE 118 PRE-TRIAL

1. Pre-trial Conference is mandatory in criminal cases. In such pre-trial, the following
are considered:
a. Plea bargaining
b. Stipulation of facts
c. Identification of evidence
d. Waiver of objections to admissibility of evidence
e. Modification of order of trial if accused admits the charge but interposes lawful
defense
f. Other matters which will promote a fair and expeditious trial
2.

What are the requisites of pre-trial agreements and admissions (stipulation of

facts)?
a. In writing
b. Signed by the accused and counsel

The agreements covering matters referred to in section 1 of this Rule (plea

bargaining, etc.) need to be approved by the court.

The purpose of requiring the accused to sign the stipulation of facts is to further
safeguard his rights against improvident or unauthorized agreement or
admission which his counsel may have entered into without his knowledge.
(People vs. Uy, 2000)

3. If the counsel for the accused or the prosecutor does not appear at the pre-trial and
does not offer an acceptable excuse, he may be penalized by the court.
4. What is a pre-trial order? It is an order issued by the court reciting the actions taken,
the facts stipulated and the evidence marked during the pre-trial conference. Such
order binds the parties and limits the trial to those matters not disposed of.
5. What if the accused believes that the pre-trial order contains mistakes or matters
which were not taken up during the pre-trial? He must move to correct the mistake
or modify the pre-trial order, otherwise, he will be deemed to have waived, and be
barred from questioning the same later.
RULE 119 TRIAL
1. From the day when the accused pleads not guilty upon arraignment, he shall have
15 days to prepare for trial which includes pre-trial. The trial shall commence within
30 days from receipt of pre-trial order.
2. The trial shall be continuous (day to day as far as practicable) and the entire trial
period shall not exceed 180 days except as otherwise authorized by the Supreme
Court.
3. The trial may be postponed for a reasonable period of time and for good cause as
may be granted by the court.
4. The trial judge does not lose jurisdiction to try the case after the 180-day limit. He
may, however, be penalized with disciplinary sanctions for failure to observe the
prescribed limit without proper authorization by the Supreme Court.
Trial in Absentia
1.

Requisites of Trial in Absentia (if not present, theres denial of due process)
a. The accused has been arraigned
b. He has been notified of the trial
c. His failure to appear is unjustified

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2. The purpose of trial in absentia is to speed up the disposition of criminal cases.

(People vs. Agbulos, 1993)
3. What are the effects of trial in absentia? The accused waives the right to present
evidence and cross-examine the witnesses against him. (People vs. Landicho, 1996)
The accuseds waiver does not mean, however, that the prosecution is deprived of
the right to require the presence of the accused for purposes of identification by the
witnesses which is vital for conviction of the accused, except where he unqualifiedly
admits in open court after his arraignment that he is the person named as defendant
in the case on trial.
Exclusions in the Computation of Time
1.

The following periods shall not be included in the computation of time of trial:
a. Delay resulting from other proceedings concerning the accused including but not
limited to:
i. Delay resulting from physical or mental examination
ii. Delay resulting from other criminal proceedings against accused
iii. Delay resulting from extraordinary remedies against interlocutory orders
iv. Delay resulting from pre-trial proceedings provided not exceeding 30 days
v. Delay resulting from orders of inhibition or proceedings for change of venue
vi. Delay resulting from the existence of a prejudicial question
vii. Delay attributable to any period not exceeding 30 days and the accused is
under advisement
b. Delay resulting from absence or unavailability of an essential witness
c. Delay resulting from mental incompetence or physical inability of the accused to
stand trial
d. If the information is dismissed upon motion of the prosecution and thereafter a
charge is filed against the accused for the same offense, any period of delay
from the date the charge was dismissed to the date the time limitation would
commence to run as to the subsequent charge had there been no previous
charge.
e. Reasonable period of delay when accused is joined for trial with co-accused
f. Delay resulting from continuance granted by the court motu propio

Factors for Granting Continuance

1. Whether the failure to grant continuance would make a continuation of the
proceeding impossible or result in a miscarriage of justice.
2. The case, as a whole, is novel, unusual and complex, or it is unreasonable to expect
adequate preparation within the periods of time established therein.
Time Limit Following an Order for New Trial

General Rule: After an order for new trial is issued, the trial commences within 30
days from notice of the order.

Exception: If the 30-day period becomes impractical due to unavailability of the

witnesses and other factors, it may be extended by the court but in no case should it
exceed 180 days from notice of said order for new trial.

Public Attorneys Duties Where Accused is Imprisoned

1. If the accused is imprisoned, the public attorney has a duty to obtain the presence of
the prisoner for trial or cause notice to be served on the person having custody of
the prisoner requiring such person to advise the prisoner of his right to demand trial.

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2. The custodian will then inform the prisoner of the latters right to demand trial. If the
prisoner demands trial, the custodian should then inform the public attorney of such
demand.
3. Upon notification, the public attorney should then seek to obtain the presence of the
prisoner for trial.
Sanctions Imposed on Private Counsel, Public Attorney or the Prosecutor

Acts which will evoke the sanctions:

1. Knowingly allowing the case to be set on trial without disclosing that a
necessary witness would be unavailable;
2. Files a motion solely for delay, knowing it to be frivolous and without merit;
3. Knowingly makes a false statement in order to obtain continuance;
4. Willfully fails to proceed to trial without justification.

The Sanctions:
1. Private Defense Counsel fine not exceeding P20, 000 + criminal sanctions,
if any.
2. Counsel de officio, Public Attorney or Prosecutor fine not exceeding P5,
000 + criminal sanctions, if any.
3. Defense Counsel or Prosecutor denial of the right to practice before the
court trying the case for a period not exceeding 30 days + criminal sanctions,
if any.

The sanctions are designed to speed up the trial and disposition of the cases
and to encourage the lawyers to go to court ready for trial and not ready to
postpone.

Speedy Trial
1. The accused should be brought to trial within 30 days from the date the court
acquires jurisdiction over the person of the accused (Rule 116, Section 1g). If he is
not brought to trial within the period specified, he may quash the information on the
ground of denial of his right to speedy trial. Failure to move for dismissal prior to trial
shall constitute a waiver of the right to dismiss under Section 9, Rule 120.
2. Arraignment must be set within 30 days from the date the court acquires jurisdiction
over the person of the accused, and within the same period, the court must set the
case for pre-trial, and within 30 days from the receipt of the pre-trial order, the trial
must be commenced.
Order of Trial
1. Order of Trial
Prosecution presents evidence to prove the charge and, in the proper case, the
civil liability.
The accused presents evidence to prove his defense and damages, if any.
The prosecution, then the defense, may present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present
additional evidence.
Upon admission of the evidence by the parties, the case is deemed submitted for
decision.
2. The order of the trial may be modified, at the discretion of the judge, if the accused
admits the act or omission charged in the complaint or information but interposes a
lawful defense.
3. The order of trial is intended to safeguard the right of the accused to be presumed
innocent until the contrary is proved.

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4. The accused has the right to demand from the prosecution the list of prosecution
witnesses, but the prosecution may call witnesses other than as listed even when the
latter heard the testimonies of other witnesses. Furthermore, the prosecution has
the discretion to choose the order of its witnesses.
5. Due Process
The prosecution is entitled to due process. This means that it must be allowed to
completely present its evidence.
Pervasive and prejudicial publicity may deprive an accused of his right to a fair
trial. To warrant such a finding, however, there must be allegation and proof that
the judge has been unduly influenced.
Judges must not only be impartial, but must also appear impartial. However, this
does not mean that the judge must remain passive during the proceedings. Its
the judges prerogative and duty to ask clarificatory questions to ferret out the
truth.
6. Undue Interference
There is undue interference by the judge if he propounds questions to the
witnesses which will have the effect of or will tend to build or bolster the case for
one of the parties.
Application for Examination of Witness for Accused Before Trial

The accused may have witnesses conditionally examined in his behalf. The
motion shall state:
Name and residence of the witness
Substance of his testimony
The witness is sick and cannot attend trial or he resides more than 100
km from the place of trial and has no means to attend the same

The motion should be supported by affidavit of the accused and such other
evidence as the court may require.

Examination of Defense Witnesses

Deposition
Definition: Deposition is the testimony of a witness taken upon oral questions or
written interrogatories, in open court, but in pursuance of a commission to take
testimony issued by a court, or under a general law or court rule on the subject,
and reduced to writing and duly authenticated, and intended to be used in
preparation and upon the trial of a civil or criminal prosecution.

Purpose: The purpose of taking depositions are to:

i. Greater assistance to the parties in ascertaining the truth and
checking and preventing perjury
ii. Provide an effective means of detecting and exposing false,
fraudulent claims and defenses
iii. Make available in a simple, convenient and inexpensive way, facts
which otherwise could not be proved except with greater difficulty
iv. Educate the parties in advance of trial as to the real value of their
claims and defenses thereby encouraging settlements
v. Expedite litigation
vi. Prevent delay
vii. Simplify and narrow the issues
viii. Expedite and facilitate both preparation and trial

The court shall issue an order directing that the witness for the accused be
examined at a specific date, time and place.

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The said order should be served on the prosecutor at least 3 days before the
scheduled examination.

Who should make the examination? The examination should be taken before a
judge or a member of the Bar in good standing so designated by the judge. It
may also be made before an inferior court designated in the order of a superior
court.

Bail to Secure the Appearance of Material Witness

If the court is satisfied upon proof or oath that a material witness will not testify
when required, it may order the witness to post bail in such sum as may be
deemed proper. If the witness refuses to post bail, the court shall imprison him
until he complies or is legally discharged after his testimony has been taken.

Examination of Witness for the Prosecution

1. The witness for the prosecution may be conditionally examined by the court where
the case is pending if said witness is:
Too sick to appear at the trial; or
Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in his absence after
reasonable notice to attend the examination has been served on him.
3. Examination of child witnesses is tackled under the Rule on Examination of a Child
Witness which took effect on December 15, 2000.
Joint Trial
1. When two or more defendants are jointly charged with any offense, they shall be
tried jointly, unless the court in its discretion upon motion of the prosecution or any of
the defendants orders a separate trial.
2. Where the conditions are fulfilled, joint trial is automatic, without need for the trial
court to issue an order to that effect.
3. The grant of separate trial rests in the sound discretion of the court and is not a
matter of right to the accused, especially where it is sought after the presentation of
the evidence of the prosecution. In such separate trial, only the accused presenting
evidence has to be present. And the evidence to be adduced by each accused
should not be considered as evidence against the other accused.
State Witness
1. Requisites to be a state witness:
a. Two or more persons are jointly charged with the commission of an offense
b. The application for discharge is filed by the prosecution before it rests its case
c. Absolute necessity for the testimony of the accused
d. There is no other direct evidence available for the proper prosecution of the
offense
e. Testimony of the accused can be substantially corroborated in its material points
f. Accused does not appear to be the most guilty
Means that he does not appear to have the highest degree of culpability in
terms of participation in the commission of the offense and not necessarily in
the severity of the penalty imposed.
The fact that there was conspiracy does not preclude one from being
discharged as a state witness. What the court takes into account is the
gravity or nature of acts committed by the accused to be discharged

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compared to those of his co-accused, and not merely the fact that in law the
same or equal penalty is imposable on all of them.
g. Accused has not been convicted of any offense involving moral turpitude.
2. The defense should be afforded opportunity to oppose the motion to discharge an
accused to be a state witness.
3. Any question against the order of the court to discharge an accused to be used as
state witness must be raised in the trial court; it cannot be considered on appeal.
Where there is, however, a showing of grave abuse of discretion, the order of the
trial court may be challenged in a petition for certiorari and prohibition.
4.

Two types of witness immunity

a. Transactional immunity witness can no longer be prosecuted for any offense
whatsoever arising out of the act or transaction.
b. Use-And-Derivative-Use-Immunity witness is only assured that his or her
particular testimony and evidence derived from it will not be used against him or
her in a subsequent prosecution.

5. The discharge of an accused to be a state witness amounts to an acquittal and is a

bar to future prosecution for the same offense.
Where an accused has been discharged to be utilized as state witness and he
thus testified, the fact that the discharge was erroneous as the conditions for
discharge were not complied with did not thereby nullify his being precluded from
re-inclusion in the information or from being charged anew for the same offense
or for an attempt or frustration thereof, or for crimes necessarily included in or
necessarily including those offense.
Mistake in Charging the Proper Offense
1.

When, at any time before judgment, it becomes manifest that a mistake has been
made in charging the proper offense and the accused cannot be convicted of the
offense charged or any other offense necessarily included therein, the said accused
shall not be discharged if there appears to be good cause to detain him.

2.

If there appears to be good cause to detain the accused, the court shall commit
the accused and dismiss the original case upon the filing of the proper information.

Appointment of Acting Prosecutor

When a prosecutor, his assistant or deputy is disqualified to act, the judge

or the prosecutor shall communicate with the Secretary of Justice in order that the
latter may appoint an acting prosecutor.

Exclusion of the Public

The public may be excluded from the courtroom when evidence to be

produced is offensive to decency or public morals.

Consolidation of Trials of Related Offenses

1. Charges for offenses founded on the same facts or forming part of a series of
offenses or similar character may be tried jointly at the courts discretion.
2. The purpose of consolidation is to avoid multiplicity of suits, guard against
oppression or abuse, prevent delay, clear congested dockets, simplify the work of
the trial court, and save unnecessary cost or expense; in short, the attainment of
justice with the least expense and vexation to the parties litigant.

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3. While consolidation of cases and joint trial of related offenses and the rendition of a
consolidated decision are allowed, the court cannot convict an accused of a complex
crime constitutive of the various crimes alleged in the consolidated cases.
Demurrer to Evidence
1. Definition: Demurrer to evidence is an objection by one of the parties in an action,
to the effect that the evidence which his adversary produced is insufficient in point of
law, whether true or not, to make out a case or sustain the issue.
2. After the prosecution shall have rested its case, the case may be dismissed in any of
the following manner:
a. Court on its own initiative can dismiss the case after giving prosecution
opportunity to be heard
b. Accused files demurrer with or without leave of court
c. If the demurrer is denied:
With leave of court, accused can present his evidence
Without leave of court, accused waives right to present evidence
3. With or Without Leave of Court
With leave if the motion is denied, he can still present evidence
Without leave if the motion is denied, he loses the right to present evidence
and the case will be deemed submitted for decision
4. If there are two or more accused and only one of them presents a demurrer to
evidence, without leave of court, the trial court may defer resolution thereof until the
decision is rendered on the other accused.
5. An order denying the motion for leave of court to file a demurer shall not be
reviewable by appeal or by certiorari before judgment. This is because demurrer is
merely interlocutory.
Reopening of Case

At any time before finality of judgment of conviction, judge may, motu proprio or upon
motion, with hearing in either case reopen to avoid miscarriage of justice.

RULE 120 JUDGMENT

Judgment
1. Definition: Adjudication by the court that the accused is guilty or not guilty of the
offense charged and the imposition of the proper penalty and civil liability, if any. It is
a judicial act which settles the issues, fixes the rights and liabilities of the parties, and
determines the proceeding, and is regarded as the sentence of the law pronounced
by the court on the action or question before it.
2. Requisites:
a. Written in official language
b. Personally and directly prepared by the judge
c. Signed by him
d. Contains clearly and distinctly a statement of the facts and the law upon which it
is based
A verbal order does not meet the requisites. As such, it can be rescinded
without prejudicing the rights of the accused. It has no legal force and effect.
Article VIII, Section 14, par. 1 of the Constitution requires that the decisions
of the court shall contain the facts and the law on which they are based. The
rationale is that the losing party is entitled to know why he lost, so he may
appeal to a higher court.

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3. The judge who penned the decision need not be the one who heard the case. The
judge can rely on the transcript of stenographic notes taken during the trial.
Contents of Judgment
1. Legal qualification of the offense constituted by the acts committed by the accused,
and the aggravating or mitigating circumstances attending the commission.
2. Participation of the accused in the commission of the offense, whether as principal,
accomplice or accessory
3. The penalty imposed upon the accused
4. Civil liability or damages caused by the wrongful act to be recovered from the
accused by the offended party, if there is any, unless the enforcement of the civil
liability by a separate civil action has been reserved or waived.
Acquittal and Dismissal
1. Acquittal is a finding of not guilty based on the merits, that is, the accused is
acquitted because the evidence does not show that his guilt is beyond reasonable
doubt, or a dismissal of the case after the prosecution has rested its case and upon
motion of the accused on the ground that the evidence produced fails to show
beyond doubt that the accused is guilty.
2. Acquittal vs. Dismissal
Acquittal is always based on the merits while in dismissal, there is termination
not on the merits and no finding of guilt is made either because the court is not a
court of competent jurisdiction, or the evidence does not show that the offense
was committed within the territorial jurisdiction of the court, or the complaint or
information is not valid or sufficient in form and in substance.
3. Dismissal may amount to a acquittal:
a. Here the dismissal is based on a demurrer to evidence
b. Where the dismissal is based on the denial of the right to a speedy trial
4. Acquittal of an accused based on reasonable ground does not bar the offended party
from filing a separate civil action based on a quasi-delict. In fact, the court may hold
an accused civilly liable even when it acquits him.
Judgment for Two or More Offenses

A complaint or information must charge only one offense. However, if the accused
does not object to the duplicity before he enters his plea, he is deemed to have
waived the defect. He may be found guilty for as many offenses as alleged in the
complaint or information as may have been duly proved.

Variance Between Allegation and Proof

1. General Rule: If the prosecution proves an offense included in the offense charged
in the information, the accused may be validly convicted of such offense proved.
2. Exception: The general rule does not apply where facts supervened after the filing
of the information which changes the nature of the offense.
3. An offense charged necessarily includes the offense proved when some of the
essential elements or ingredients of the former constitute the latter. An offense
charged is necessarily included in the offense proved, when the essential ingredients
of the former constitute or form part of those constituting the latter.
Promulgation of Judgment

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1. Definition: Promulgation of judgment in criminal cases is the reading of the

judgment or sentence in the presence of the accused and the judge of the court who
rendered it.
2. It is the filing of the decision or judgment with the clerk of court which gives it validity
and binding effect.
3. General Rule: Promulgation should be made in the presence of the accused and
the judge of the court who rendered the decision.
4. Exception to the Mandatory Presence of the Accused:
a. Where the conviction is for a light offense, in which case the accused may
appear through counsel or representative
5. If judgment is one of conviction and the accused is absent without justifiable cause,
the court shall order his arrest and he shall lose the remedies available in the Rules
against the judgment.
6. When the judge is absent or outside the province or city, the judgment may be
promulgated by the clerk of court.
7. A judgment promulgated at a time when the judge who rendered and signed it had
ceased to hold office is null and void.
Modification of Judgment
1. A judgment of conviction may be modified or set aside before it becomes final or
before appeal is perfected.
2. General Rule: A judgment becomes final:
a. after the lapse of the period for perfecting an appeal; or
b. when the sentence has been partially or totally satisfied or served; or
c. when the accused has waived in writing his right to appeal; or
d. accused has applied for probation.
3. Exception: When the Death Penalty is imposed by the trial court, the SC
automatically reviews the decision.
Probation
1. The period to file an application for probation is after the accused shall have been
convicted by the trial court and within the period for perfecting an appeal.
2. Probation is a mere privilege and is revocable before final discharge of the
probationer by the court.
RULE 121 NEW TRIAL OR RECONSIDERATION
Filing of New Trial or Reconsideration
1. Filed by the accused.
2. Before final judgment of conviction or during appeal.
Grounds for New Trial
1. Errors of law or irregularities prejudicial to the substantial rights of the accused
a. errors of law or irregularities committed during trial
b. errors/irregularities are prejudicial to the substantial rights of the accused
The following are not considered as irregularities:
- Loss of records (remedy is reconstitution of missing evidence)
- Loss of stenographic notes (remedy is reconstruction of the testimony of
the witness)

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2. New and material evidence has been discovered

a. evidence discovered after trial
b. evidence could not have been discovered and produced at the trial even with the
exercise of reasonable diligence
c. evidence is material and would probably change the judgment if admitted
The following are not considered as newly discovered evidence:
- Affidavit of desistance/recantation.
- Proposed testimonies of witnesses.
- Merely forgotten evidence.
Although the Rules of Court enumerates only the above two as the grounds for
new trial, the case of Navarra vs. CA states that if the negligence or mistake of
counsel is so gross as to deprive the client of his right to due process of law, the
accused may be entitled to a new trial.
Grant of a New Trial is not Appealable; Relief

The grant of a New Trial is not appealable since it is not a final judgment. To
challenge such grant, a petition for certiorari and prohibition may be filed.

Grounds for Reconsideration

1. Errors of law in the judgment
2. Errors of fact in the judgment
Form of Motion and Notice to Prosecutor

The motion must:

a. Be in writing
b. State the grounds on which it is based
c. Supported by affidavits of witnesses (if based on the ground of newly discovered
evidence)
d. Be given to the prosecutor

Effects of Granting a New Trial or Reconsideration

1. Original judgment shall be set aside.
2. The case shall be tried de novo and a new judgment be rendered accordingly.
3. When the new trial is granted on the ground of errors of law or irregularities
committed during trial, all proceedings and evidence affected thereby shall be set
aside and taken anew. The court may allow introduction of additional evidence.
4. When the new trial is granted on the ground of newly discovered evidence, the latter
shall be taken and considered together with the evidence already in the record.
Erroneous Acquittal; Double Jeopardy Applies

The case of People vs. Hernando states that erroneous acquittal of the accused
remains as the final verdict. Errors or irregularities, which do not render the
proceedings a nullity, will not defeat a plea of antrefois acquit.

RULE 122 APPEAL

Who may appeal
Any party may appeal, unless accused will be placed in double jeopardy.
How to Appeal

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To the RTC
1. file a Notice of Appeal with the court which rendered the judgment
2. serve a copy of the notice upon the adverse party

To the CA
1.
2.
3.
4.
5.

When RTC exercised original jurisdiction:

File a Notice of Appeal with the RTC
Serve a copy of the notice upon the adverse party
When RTC exercised appellate jurisdiction:
Follow Rule 42 on Petition for Review

Sandiganbayan
1. when RTC exercised original jurisdiction:
2. file a Notice of Appeal with the RTC
a. serve a copy of the notice upon the adverse party
b. when RTC exercised appellate jurisdiction:
c. follow Rule 42 on Petition for Review

SC
1. where RTC imposes reclusion perpetua or life imprisonment
a. file a Notice of Appeal with the RTC.
b. Serve a copy of the Notice upon the adverse party
2. where RTC imposes death penalty
a. automatic review of SC as provided by sec. 10 of Rule 122
3. for CA decisions
a. file an ordinary appeal
b. for questions of facts and law
c. follow Rule 42 on Petition for Review
d. for questions of law (all other appeals)
e. follow Rule 45 on Petition for Review on Certiorari

When appeal to be taken

Appeal is taken within 15 days from promulgation of the judgment. This period shall
be suspended from the time a motion for new trial or reconsideration is filed until
notice of overruling the motion has been served upon the accused at which time the
balance of the period begins to run.

Effect of appeal by any of several accused

An appeal taken by one or more of several accused shall not affect those who did
not appeal, except if the judgment is favorable and applicable to the latter.

The appeal of the offended party from the civil aspect shall not affect the criminal
aspect of the judgment.

Upon perfection of the appeal, the execution of the judgment appealed from shall be
stayed as to the appealing party.

Withdrawal of appeal

The courts may allow the appellant to withdraw his appeal before the record has
been forwarded by the clerk of court to the proper appellate court, in which case the
judgment shall be final.

RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS

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1. General Rule

The procedure in the Regional Trial Court shall be applicable to the

procedure in Metropolitan Trial Courts, Municipal Trial Courts, and Municipal
Circuit Trial Court.
2. Exceptions
Particular provision is made applicable only to such courts
In cases governed by the Rule on Summary Procedure
- criminal case where the penalty prescribed does not exceed 6 months
imprisonment or a fine of P1,000 or both
- complaint or information filed directly in court without need of a prior preliminary
investigation or preliminary examination
- case decided based on affidavits submitted by the parties
RULE 124 PROCEDURE IN THE COURT OF APPEALS
Court of Appeals

The Court of Appeals has no jurisdiction without judgment of conviction.

The Court of Appeals shall give precedence in the disposition of appeals of accused
who are under detention. It shall hear and decide the appeal at the earliest
practicable time with due regard to the rights of the parties.

Judgment of the lower courts shall be reversed or modified only when the Court of
Appeals is of the opinion that error was committed which injuriously affected the
substantial rights of the appellant after it examined the record and evidence adduced
by the parties.

Although not often done in the judicial system, the case of People vs. Calayca states
that the appellate court may reverse the trial courts decision on the basis of grounds
other than those that the parties raised as errors.

Power of the Court of Appeals

The Court of Appeals may reverse, affirm, or modify the judgment; increase or
reduce the penalty imposed; remand the case for new trial or re-trial; or dismiss the
case. It is discretionary on its part whether or not to set a case for oral argument.

It shall have the power to try cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual issues raised in cases:
a. falling within its original jurisdiction
b. involving claims for damages arising from provisional remedies, or
c. where the court grants a new trial based only on the ground of newly
discovered evidence.

Quorum and Voting of the Court of Appeals

Three Justices constitute a quorum for the sessions of a division

Unanimous vote of the 3 Justices of a division shall be necessary to pronounce a

judgment or a final resolution. In the event that there is no unanimous vote, the
Presiding Justice shall direct the raffle committee of the Court to designate two
additional Justices in the division hearing the case and the concurrence of a majority
of such division shall be necessary for the pronouncement pf a judgment or final
order.

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Should the Court of Appeals impose the penalty of death, reclusion perpetua, or life
imprisonment after discussing the evidence and law involved, the case is certified
and immediately elevated to the Supreme Court for review.

Accused Appellant
An accused-appellant may change his theory on appeal; thus the case opens the
whole action for review on any questioning including those not raised by the parties.

When the accused appeals a judgment of conviction, he waives the constitutional

safeguard against double jeopardy; but every circumstance in favor of the accused
should be considered.

Upon the death of an accused pending appeal from his conviction, the criminal action
is extinguished, and the civil aspect instituted therewith for recovery of civil liability ex
delicto is ipso facto extinguished. The other party may just file a separate civil case
against the estate of the accused who died.

Appointment of Counsel de Officio

A counsel de officio is a court appointed lawyer to the accused.
1. He is appointed if it appears from the record of the case that:
a. The accused is confined in prison,
b. The accused is without counsel de parte on appeal, or
c. The accused signed the notice of appeal himself.
2. He may be appointed upon the request of an appellant, 10 days from receipt of the
notice to file brief and the latter establishes his right to have one.
Dismissal of Appeal for Abandonment or Failure to Prosecute

Requirement
a. upon motion of the appellee or motu propio
b. with notice to the appellant

Grounds
a. Appellant fails to file his brief within the time prescribed, except when he is
represented by a counsel de oficio.
b. Appellant escapes from prison or confinement, jumps bail, or flees to a foreign
country during pendency of the appeal.

Effect
- Appealed judgment becomes final.

Judgment of the Court of Appeals/New Trial/Reconsideration

When the entry of judgment of the Court of Appeals is issued, a certified true copy of
the judgment shall be attached to the original record which shall be remanded to the
clerk of court from which the appeal was taken.

The appellant may move for a new trial any time after the appeal from the lower court
has been perfected and before the judgment of the Court of Appeals convicting him
becomes final.

A motion for reconsideration shall be made within 15 days after notice of the decision
or final order of the Court of Appeals.

RULE 125 PROCEDURE IN THE SUPREME COURT

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1. Procedure in the SC in appealed cases is the same as in the CA, unless

otherwise provided by the Constitution or law
2. A case may reach the SC for final adjudication in the following manner:
Automatic review
In all cases where death penalty is imposed by the trial court
Records shall be forwarded to the SC for automatic review and judgment
Ordinary appeal
Where penalty imposed is life imprisonment
Applicable also 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 serious offense for which the penalty of death or life
imprisonment is imposed
In both cases, case is directly appealable to the SC by filing a notice of
appeal
Petition for review on certiorari
General Rule: judgments of RTCs may be appealed to the SC only by
petition for review on certiorari in accordance with Rule 45 of the Rules of
Court
Exception: Criminal cases where penalty imposed is life imprisonment or
reclusion perpetua
3. A direct appeal to the SC on questions of in criminal cases in which penalty
imposed is not death or life imprisonment precludes the review of the facts
4. Questions of law and fact come within the jurisdiction of the CA
5. When a criminal case is appealed to the SC, the whole case is then thrown
open for review
It becomes the duty of the SC to correct errors found in the judgment appealed
from
Sc may correct errors whether they are made the subject of assignments or error
or not
6. Effect of appeal on the bail of the accused:
When accused is charged with offense which under the existing law at the time
of its commission and time of application for bail is punishable by a PENALTY
LOWER THAN RECLUSION PERPETUA and is out on bail, and after trial is
convicted by the trial court of the offense charges or of a lesser offenses than
that charged in the complaint or information, he is allowed to remain free on
his original bail pending the resolution of appeal unless the proper court
directs otherwise
When accused is charged with CAPITAL OFFENSE or which under the law at
the time of its commission and at the time of the application for bail is punishable
by reclusion perpetua and is out on bail, and after trial is convicted by the trial
court of a lesser offense than that charged in the complaint or info same rule
set forth in the preceding paragraph shall be applied;
When accused is charged with CAPITAL OFFENSE of an offense which under
the law at the time of its commission and at the time of the application for bail is
punishable by reclusion perpetua and is out on bail and after trial is convicted by
the trial court of the offense charged, -- bond is cancelled and accused shall be
placed in confinement pending resolution of his appeal
When, in criminal cases pending appeal before the SC, accused is still on
provisional liberty, the ff. rules are laid down:
i. Court shall order the bondsman to surrender the accused within 10 days
from notice, to the court of origin. Bondsman shall inform this court of fact of
surrender. Then the court shall cancel the bond;

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ii. RTC shall order the transmittal of the accused to the National Bureau of
Prisons thru the PNP as the accused shall remain under confinement
pending resolution of his appeal;
iii. If accused appellant is not surrendered within the aforesaid period of ten
(10) days, his bond shall be forfeited and an order of arrest shall be issued
by this court.
Appeal taken by the accused shall also be dismissed under Sec. 8 Rule
124 of Rules of Court as he shall be deemed to have jumped his bail
REHEARING OF CRIMINAL CASE IN THE SUPREME COURT
1. A case is reheard when the court en banc is equally divided in opinion or
necessary majority cannot be had.
2. If rehearing en banc no decision is reached, judgment of conviction of lower
court shall be reversed and accused is acquitted.
If division of opinion or lack of required votes refers to the propriety of imposing
the death penalty, the penalty next lower in degree shall be imposed
RULE 126 SEARCH AND SEIZURE
1. Elements of a search warrant
An order in writing;
Signed by judge in the name of the People of the Philippines;
Commanding a peace officer to search personal property; and
Bring it before the court
2. Nature of a search warrant
It is in the nature of criminal processes and may be invoked only in furtherance
of public prosecutions
Have no relation to civil processes or trials
It is not available to individuals in the course of civil proceedings; it is not for the
maintenance of any private right.
It is INTERLOCUTORY in character it leaves something more to be done, the
determination of the guilt of the accused
General warrant:
A process which authorizes the search and seizure of things, in a general
manner
This does not specify or describe with particularity the things searched and
seized
This kind of warrant is constitutionally objectionable therefore VOID
3. Object of a search warrant to obtain the goods, and bring the person in
whose custody they are found, either to be recognized as a witness or to be
subject to such further proceedings as the ends of justice may require
4. A search warrant must conform strictly to the requirements of the
constitutional and statutory provisions under which it is issued
Otherwise, it is VOID
The proceedings upon search warrants must be absolutely legal
It will always be construed strictly without going the full length of requiring
technical accuracy.
No presumptions of regularity are to be invoked in aid of the process when an
officer undertakes to justify under it.
5. Search distinguished from seizure

Search

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it is an examination of a mans house, buildings or other premises, or of his

person, with a view of some evidence of guilt to be used in the prosecution of
a criminal action for some offense with which he is charged
Ordinarily implies a request by an officer of the law
Seizure
it is the physical taking of a thing into custody
Contemplates a forcible disposition of the owner

6. A good and practical rule of thumb to measure the nearness of time given in
the affidavit as to the date of the alleged offense, and the time of making the
affidavit The nearer the time at which the observation of the offense is alleged to
have been made, the more reasonable the conclusion of establishment of probable
cause
7. PERSONAL PROPERTY TO BE SEIZED
A. Kinds of personal property to be seized:
Subject of the offense;
Proceeds or fruits of the offense; and
The means used or intended to be used for committing an offense
Search warrants have been allowed to search for the ff:
Stolen goods
Those supposed to have been smuggled into the country in violation of
the revenue laws
Implements of gaming and counterfeiting
Lottery tickets
Prohibited liquors kept for sale contrary to law
Obscene books and papers kept for sale or circulation
Powder and other explosive and dangerous materials so kept as to
endanger public safety
Slot machines, being gambling devices
B. Property seized is not required to be owned by the person against whom
the search warrant is directed
C. It s not necessary that there be arrest or prosecution before seizure could
be affected
D. The fact that a thing is a corpus delicti of a crime does not justify the
seizure without a warrant
8. Section 2 Article III of the 1987 Constitution is the constitutional basis of the
rule on search and seizure
9. Requisites for the issuance of a valid search warrant
a. Probable cause
It is such facts and circumstances antecedent to the issuance of the warrant,
that are in themselves sufficient to induce a cautious man to believe that the
person against whom the search warrant is applied, had committed, or is
about to commit, a crime
Probable cause for a search is defined as such facts and circumstances
which would 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 are in the place sought to be searched.
Probable cause presupposes the introduction of competent proof that the
party against whom it is sought has performed particular acts or committed
specific omissions violating a given provision of our criminal laws (Stonehill v.
Diokno)

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b.

c.

d.

e.

f.

Probable cause is determined in the light of the conditions obtaining in given

situations, but there is no general formula or fixed rule for the determination
of the existence of probable cause.
Existence depends of a large degree upon the finding or of the opinion of
the judge conducting the examination.
Which must be determined personally by the judge himself, and not by the
applicant or any other person;
A judge may reverse his finding of probable cause, provided that the
rectification is based on sound and valid grounds
This requirement does not extend to deportation proceedings (Morano vs.
Vivo)
Immigration Commissioner has authority to determine probable cause ONLY
for the purpose of issuing a warrant of arrest.
The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant and
any witness he may produce, on facts personally known to them;
Application for a search warrant is heard ex-parte, there is neither a trial nor
a part of the trial
Examination must be under oath and may not be in public
Examination of witnesses to determine probable cause:
Judge must examine witnesses personally
Examination must be under oath; and
Examination must be reduced to writing in the form of searching
questions and answers
The test in determining whether the allegations in an application for a search
warrant are based on personal knowledge should not be based on mere
hearsay, nor mere suspicion or belief
The probable cause must be in connection with one specific offense;
This is to outlaw general warrants
Otherwise, this would place the sanctity of the domicile and the privacy of
communication and correspondence at the mercy of the whims, caprice or
passion of peace officers.
The warrant issued must particularly describe the place to be searched and the
persons or things to be seized; and
This requirement is sufficient if the officer to whom the warrant is directed is
enabled to locate the same definitely and with certainty.
This does not require the true legal description to be given in a required form
The constitution requires that it be a description which particularly points to a
definitely ascertainable place, so as to exclude all others.
The description must be so particular that the officer charged with the
execution of the warrant will be left with no discretion respecting the property
to be taken.
It may be said that the person to be searched is particularly described in the
search warrant when his name is stated in the search warrant, or if name is
unknown, he is designated by words sufficient to enable the officer to identify
him without difficulty
The sworn statements together with the affidavits submitted by witnesses must
be attached to the record.

10. If the officer follows the command of the warrant, he is protected, but if he
exceeds the command, he is not protected by the warrant and he only
assumes to act without process
If the officer acts within the command of his warrant, he is protected even if the
complaint is proven to have been unfounded.
Obeying strictly the command of his warrant, he may break open outer or inner
doors, and his justification does not depend upon his discovering that for which
he is to make the search

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If officer is refused admittance to the place of directed search after giving notice
of his purpose and authority, he may break open any outer or inner door or
window of a house or any part of a house or anything to execute the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained
therein.
Demand is necessary prior to a breaking in of the doors, only where some
person is found in charge of the building to be searched.

11. In searching a house, room or other premises, such shall be done in the
presence of a lawful occupant or any member of his family, or in the presence
of at least 2 witnesses of sufficient age and discretion, residing in the same
locality
The searching officer should also be considerate of the premises searched; he
should mar the premises as little as possible, and should carefully replace
anything he finds necessary to remove.
12. Warrant must be direct and served in the day time
Exception: if affidavit asserts that the property is on the person or in the place
ordered to be searched here, warrant may be served anytime of the day or
night.
The general rule prohibits search in the night because sometimes robberies
happen, under the pretense of searches
13. A warrant is valid for ten days from its date. After such time, it is VOID
A search warrant cannot be used everyday for 10 days, and for a different
purpose each day warrant used to seize one thing cannot be used as authority
to make another search
This rule is NOT APPLICABLE when the search for a property mentioned in the
warrant was not completed on the day when the warrant was issued and had to
be continued the next day
14. Officer seizing the property under the warrant must give a detailed receipt for
the same to the lawful occupant or any member of the family or at least 2
witnesses of sufficient age and discretion residing in the same locality.
15. Officer must also deliver the property seized to the judge who issued the
warrant, with the true inventory, all under oath
16. Searches incident to lawful arrest
This is the most important exception to the necessity for a search warrant
This right includes in both instances that of searching the person who is arrested,
in order to find and seize the things connected with the crime as its fruits or as
the means by which it was committed
Search made without a warrant cannot be justified as an incident of arrest unless
the arrest itself was lawful
Search must be made at the place of the arrest and contemporaneous with the
arrest, otherwise it is not an incident to the arrest. In other words, a search is not
incidental to the arrest unless the search is made at the place of arrest,
contemporaneously with the arrest.
The right is limited to the time and place of the arrest
17. Other cases where warrantless searches and seizures are valid
Search of moving vehicles
Checkpoints are valid (Valmonte case)
Warrantless search of aircrafts as well as fishing vessels breaching our
fishery laws
Consented search without a warrant
Seizure of evidence in plain view

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Enforcement of custom laws

Exception: in a dwelling house
Vessel can be quickly moved out of the locality or jurisdiction in which the
search warrant must be sought before such warrant could be secured
When search is based on probable cause under extraordinary circumstances

18. Unreasonable search and seizure is such where it is not authorized by statute,
or where the conditions prescribed by the stature have not been met
What constitutes a reasonable or unreasonable search or seizure in any
particular case is purely a judicial question
Such is determinable from a consideration of the circumstances involved,
including the ff:
The purpose of the search
Presence or absence of probable cause
Manner in which the search and seizure was made
Place or thing searched
Character of the articles procured.
Searches and seizure inside a home are presumptively unreasonable
Constitutional prohibition against unlawful searches and seizure applies as a
restraint directed only against the government and its agencies tasked with the
enforcement of the law. It could thus only be invoked against the State.
19. The legality of a seizure can be contested only by the party whose rights have
been impaired thereby
The objection to an unlawful search and seizure is purely personal and cannot be
availed by third parties
The remedy for questioning the validity of a search warrant can only be sought in
the court that issued it, not the sala of another judge of concurrent jurisdiction
this is done through a motion to quash warrant of arrest
Objections to the legality of the search warrant and to the admissibility of the
evidence obtained are deemed waived when no objection to the legality of the
search warrant was raised during the trial.
20. The Moncado Ruling, that illegally seized documents, papers and things are
admissible in evidence, is already ABANDONED
The exclusion of such evidence is the only practical means of enforcing the
constitutional injunction against unreasonable searches and seizures.
The Non-exclusionary rule is contrary to the letter and spirit of the prohibition
against unreasonable searches and seizures
21. Through RA No. 4200 or the Anti-Tapping Law, tapping of phone wires of the
premises of an accused, wherein persons accused of violation criminal laws
are engaged in conversation constitutes a violation of the Constitutional
provision on the right of the people to secure in their persons, papers and
effects.
RA No. 4200 was approved on 19 June 1965
It also penalizes other acts similar to wire-tapping. Some similar acts are taping
or recording conversations of people, by others who are not authorized by the
former to record or tape.
RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES
1. Provisional remedy is one provided for present need or for the occasion that is
one adopted to meet a particular exigency;
2. The following are the provisional remedies under the Rules of Court:
Attachment (Rule 57)
Injunction (Rule 58)

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Receivership (Rule 59)

Delivery of personal property or Replevin(Rule 60) and
Support Pendente Lite (Rule 61)

3. Purpose of provisional remedies

Provisional remedies are applied pending litigation,

to secure the judgment or preserve the status quo

If provisional remedies are applied to after

judgment, it is in order to preserve or dispose of the subject matter.
4. Although civil action is suspended until final judgment in the criminal case, the
court is not deprived of its authority to issue preliminary and auxiliary writs
which do not go into the merits of the case.
Preliminary writs and auxiliary writs referred to are those such as the ff:
Preliminary injunction
Attachment
Appointment of receiver
Fixing amounts of bonds
5. Attachment is a remedy afforded to the offended party to have the property of
the accused attached as security for the satisfaction of any judgment that may
be recovered from the accused

This remedy is available in the following cases:

When action for recovery is on a cause of action arising from law, contract,
quasi-contract, delict, or quasi-delict and accused is about to abscond from
the Philippines;
When 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, or any officer of a corporation, or an 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 or is
about to do so;
When action is against a party guilty of fraud in contracting the debt upon
which action is brought, or in the performance of incurred obligation;
When action is against a party who removed or disposed of his property or is
about to do so, with intent to defraud his creditors; and
When the accused resides outside the Philippines

This may be filed at the commencement of a criminal action or at any time

before entry of judgment as security for the satisfaction of any judgment that may
be recovered in the aforementioned cases.
6. Public prosecutor has the authority to apply for preliminary attachment as may
be necessary to protect the interest of the offended party

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