2002 Criminal Procedure Full
2002 Criminal Procedure Full
• Not determined by: 3. Take Note: A complaint for offenses cognizable by the
what may be meted out to the offender after RTC is NOT filed directly with the RTC either for purposes of
trial preliminary investigation or for commencement of the
the result of the evidence that would be criminal prosecution.
presented during the trial
4. The institution of the criminal action interrupts the
• Jurisdiction is retained regardless of: running of the period of prescription of the offense
whether the evidence proves a lesser offense charged
than that charged in the information, • Unless: otherwise provided in special laws.
the subsequent happening of events,
although of a character which would have • Act No. 3323 governs the prescriptive periods of
prevented jurisdiction from attaching in the violations of special laws, or offenses other than
first instance. those penalized under the Revised Penal Code.
2. General Rule: Jurisdiction of a court to try criminal action 5. The filing of a complaint for purposes of preliminary
is to be determined by the law at the time of the institution of investigation starts the prosecution process.
the action.
The complaint or information
• Exception: where the statute expressly provides, or is
construed that it is intended to operate to actions 1. Requisites:
pending before its enactment, in which case, the court • in writing
where the criminal action is pending is ousted of • in the name of the People of the Philippines
jurisdiction and the pending action will have to be • Against all persons who appear to be responsible for
transferred to the other tribunal which will continue the offense involved.
the proceeding.
2. Who is the real offended party? The People of the
3. Venue is jurisdictional. Philippines, but since the crime is also an outrage against the
• Thus: Action must be instituted and tried in the offended party, he is entitled to intervene in its prosecution in
municipality or territory where the offense has been cases where the civil action is impliedly instituted therein.
committed or where any one of the essential
ingredients thereof took place. Complaint
4. General Rule: the question of jurisdiction may be raised at 1. Definition: A complaint is a sworn written statement
any stage of the proceedings. charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with
• Exception: may not be raised for the first time on the enforcement of the law violated.
appeal, where there has been estoppel and laches on
the party who raises the question. 2. The complaint as defined under Section 3 is different from
the complaint filed with the Prosecutor’s Office.
RULE 110 PROSECUTION OF OFFENSES 3. The complaint filed with the Prosecutor’s Office, from
which the latter may initiate a preliminary investigation,
Institution of Criminal Actions refers to:
• any written complaint
1. For offenses which require preliminary investigation: • filed by an offended party or not
• not necessarily under oath, except in 2 instances:
• By filing the complaint with the proper officer for complaint for commission of an offense which
preliminary investigation. cannot be prosecuted de officio or is private in
Refers to a complaint-affidavit, and is different nature
from the complaint defined in Section 3 of Rule where the law requires that it is to be started by a
110. complaint sworn to by the offended party, or
These offenses are those where the penalty when it pertains to those which need to be
prescribed by law is at least 4 years, 2 months enforced by specified public officers.
and 1 day of imprisonment without regard to the
fine. 4. Under the Rule on Summary Procedure:
• a complaint may be directly filed in the MTC,
2. For all other offenses, or for offenses which are provided that in Metro Manila and in chartered cities,
penalized by law with lower than at least 4 years, 2 months the criminal action may only be commenced by the
and 1 day without regard to the fine: filing of information, which means by the prosecutor,
except when the offense cannot be prosecuted de
officio as in private crimes.
1
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• But: it does operate as a waiver of the right to pursue the information is sufficient if it alleges facts which the
civil indemnity. offender did as constituting a violation of law, without
explicitly negating the exception, as the exception is a matter
Sufficiency of complaint or information of defense which the accused has to prove.
1. A complaint is sufficient if it states: 4. Where the law alleged to have been violated…
• the name of the accused • applies only to specific classes of persons and special
• the designation of the offense by a statute conditions
• the acts or omission complained of as constituting the • the exemptions from its violation are so incorporated
offense in the language defining the crime that the ingredients
• the name of the offended party of the offense cannot be accurately and clearly set
• the approximate time of the commission of the forth if the exemption is omitted,
offense the information must show that the accused does not fall
within the exemptions.
• the place where the offense was committed.
5. Where what is alleged in the information is a complex
2. Purpose: to safeguard the constitutional right of an accused
crime and the evidence fails to support the charge as to one of
to be informed of the nature and cause of the accusation
the component offenses, the defendant can only be convicted
against him.
of the offense proven.
• whether any evidence defendant might have would 1. General Rule: the institution or filing of the criminal action
be equally applicable to the information in the new includes the institution therein of the civil action for recovery
form as in the other. of civil liability arising from the offense charged.
5. General Rule: after arraignment, the prosecutor may no • Except in the following instances:
longer amend the information which changes the nature of the
crime, as it will prejudice the substantial rights of the accused. the offended party waives the civil action;
he reserves his right to institute the civil
• Exception: when a fact supervenes which changes action separately; or
the nature of the crime charged in the information or he institutes the civil action prior to the
upgrades it to a higher crime, the prosecutor, with criminal action.
leave of court, may amend the information to allege 2. The employer may not be held civilly liable for quasi-delict
such supervening fact and upgrade the crime charged in the criminal action as ruled in Maniago v. Court of Appeals
to the higher crime brought about by such since quasi-delict is not deemed instituted with the criminal.
supervening fact. If at all, the only civil liability of the employer in the criminal
action would be his subsidiary liability under the Revised
• However: if the supervening event which changes the Penal Code.
nature of the crime to a more serious one occurred
after the accused has been convicted, which makes 3. Two instances where no reservation shall be allowed:
the amendment of the information no longer the • a criminal action for violation of BP 22
remedy of the prosecution, the prosecution can and unless a separate civil action has been filed
should charge the accused for such more serious before the institution of the criminal action,
crime, without placing the accused in double no such civil action can be instituted after
jeopardy, there being no identity of the offense the criminal action has been filed as the
charged in the first information and in the second same has been included therein.
one.
4
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• A claim arising from an offense which is cognizable • The appellate court may impose additional damages
by the Sandiganbayan. or increase or decrease the amounts of damages upon
a civil action filed prior to the criminal the accused-appellant.
action has to be transferred to the • However, additional penalties cannot be imposed
subsequently filed criminal action for joint upon a co-accused who did not appeal, but
hearing (Sec. 4 of PD1606 as amended by modifications of the judgment beneficial to him are
RA 8249) considered in his favor.
4. When the reservation of the right to institute the 9. The offended party in a criminal case may appeal the civil
separate civil actions shall be made: before the prosecution aspect despite the acquittal of the accused.
starts to present its evidence and under circumstances
affording the offended party a reasonable opportunity to make Where the trial court convicted the accused, but dismissed the
such a reservation. civil action instituted therein, the offended party may appeal
the dismissal to the CA.
5. The rule requiring reservation to file a separate civil action
does not apply to civil actions which can be filed and 10. Compromise on civil aspect:
prosecuted independently of the criminal action, namely, those
• The offended party may compromise the civil aspect
provided in Arts. 32, 33, 34 and 2176 of the Civil Code.
of a crime, provided that it must be entered before or
during the litigation, and not after final judgment. A
6. Although the criminal and civil actions may be joined in the
compromise on the civil aspect is valid even if it
criminal case, they are distinct from each other. The plaintiffs
turns out to be unsatisfactory either to one or both of
in the two actions are different.
the parties.
• Thus: even if the accused started serving his sentence 11. Important!: Section 1, Rule 111 now expressly provides
within the 15-day period from the promulgation of that no counterclaim, cross-claim or third-party complaint
the judgment of conviction by the lower court, may be filed by the accused in the criminal case, but any
thereby making the judgment against him final, the cause of action which could have been subject thereof may be
complainant may, within the 15-day reglementary litigated in a separate civil action.
period, still ask that the civil liability be fixed by the
court, if the judgment does not adjudicate any civil • Reasons:
liability, as the judgment regarding civil liability has the counterclaim of the accused will
not become final and the court still has jurisdiction to unnecessarily complicate and confuse the
adjudge the civil liability. criminal proceedings;
7. Rules on Filing Fees:
the trial court should confine itself to the
criminal aspect and the possible civil
• No filing fees are required for amounts of actual liability of the accused arising out of the
damages. crime.
Exception: criminal action for violation of When separate civil action is suspended
BP 22 which is deemed to include the
corresponding civil action. The offended Take Note: Article 29 of the Civil Code merely emphasizes
party shall, upon the filing of the criminal that a civil action for damages is not precluded by the acquittal
and civil actions, pay in full the filing fees of an accused for the same criminal act or omission. It does
based on the face value of the check as the not state that the remedy can be availed of only in a separate
actual damages. civil action.
Purpose of Exception: to prevent the When civil action may proceed independently
offended party from using the prosecutor’s
office and the court as vehicles for recovery 1. Prior reservation is not necessary to file separate civil
of the face value of the check, without action under Arts. 32, 33, 34 and 2176 of the Civil Code. The
paying the corresponding filing fees phrase “which has been reserved” that has caused conflicting
therefor. rulings in the past has now been deleted.
• Where moral, exemplary and other damages are not 1. After arraignment and during the pendency of the
specified in the complaint or information, the grant criminal action:
and amount thereof are left to the sound discretion of
the trial court, the corresponding filing fees need not • General Rule: death extinguishes the civil liability
be paid and shall simply constitute a first lien on the arising from delict or the offense
judgment.
• Except: where civil liability is predicated on other component part of due process in criminal
sources of obligations such as law, contract, quasi- justice and is a substantive right.
contract and quasi-delict.
• a personal right and may be waived expressly or by
implication.
If such civil action which survives is
impliedly instituted in the criminal action, Lack of PI is not a ground to quash or
the legal representative or heir of the dismiss a complaint or information, nor does
deceased shall be substituted for the it affect the court’s jurisdiction. When there
deceased. The criminal case is reduced to a is no preliminary investigation, the accused
civil action. must invoke it at the first opportunity and
the court should hold in abeyance or suspend
However, if the civil action has been proceedings and remand the case to the
reserved and subsequently filed or such civil office of the prosecutor for him to conduct
action has been instituted, when the accused PI.
died, then such civil action will proceed and
substitution of parties shall be ordered by the 2. The refusal of the court to remand the case for PI can be
court pursuant to Sec.16 Rule 3 of the Rules controlled by certiorari and prohibition to prevent trial.
of Court.
Officers authorized to conduct preliminary investigation
2. Before arraignment:
• The civil action impliedly instituted in the criminal
action shall be dismissed without prejudice to the 1. No longer authorized to conduct PI:
offended party’s filing a civil action against the
administrator of the estate of the deceased.
• By implication, MTC judges in Manila and in
chartered cities have not been granted the authority
to conduct PI, as the officers authorized to do so are
3. Pending appeal of his conviction:
the prosecutors.
• extinguishes his criminal liability as well as the civil
• Judges of RTCs
liability based solely thereon.
2. Two types of offenses may be filed in the MTC for
4. Prior to final judgment:
preliminary investigation:
• terminates his criminal liability and only the civil
• a case cognizable by the RTC may be filed with the
liability directly arising from and based solely on the
MTC for PI;
offense committed.
Judgment in civil action not a bar • even if it is cognizable by the MTC because it is an
offense where the penalty prescribed by law is at
The judgment in civil actions based on Arts. 32, 33, 34 and least 4 years 2 months and 1 day.
2176 absolving the defendant from civil liability does not bar
the criminal action. 3. Regarding offenses falling within the original jurisdiction
of the Sandiganbayan:
Prejudicial question • Prosecutors or municipal trial court judges
conducting PI of offenses falling within the original
1. The prejudicial question may be raised during the jurisdiction of the Sandiganbayan shall, after their
preliminary investigation of the offense or in court before the conclusion, transmit the records and their resolutions
prosecution rests its case. to the Ombudsman or his deputy for appropriate
action.
2. The suspension of the criminal case due to a prejudicial
question is only a procedural matter, and is subject to a waiver • Moreover, the prosecutor or judge cannot dismiss the
by virtue of prior acts of the accused. complaint without the prior written authority of the
Ombudsman or his deputy, nor can the prosecutor file
3. There is no prejudicial question where one case is an information with the Sandiganbayan without being
administrative and the other is civil. deputized by, and without prior written authority of,
the Ombudsman or his deputy.
6
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
official, whether or not the same is committed in Resolution of investigating prosecutor and its review
relation to his office.
1. After having filed the information, the prosecutor is called
• Preliminary investigation by the Ombudsman is upon to prosecute the case in court. It has been said that at
limited to cases cognizable by the Sandiganbayan and this stage, unlike judges who are mandated to display cold
must be conducted pursuant to Rule 11 of the Rules neutrality in hearing cases, the prosecutors are not required to
of Procedure of the Office of the Ombudsman. divest themselves of their personal convictions and refrain
from exhibiting partiality. But while he may strike hard
• Section 4(d) of Administrative Order No. 07 blows, he is not at liberty to strike foul ones.
disallows the filing of a motion to quash or dismiss a
complaint filed with the Ombudsman, except on the 2. Effect of exclusion of other persons from the
ground of lack of jurisdiction. information:
• If during the trial, evidence is shown that such
• Which remedy may an aggrieved party avail of persons should have been charged, the fact that they
against resolutions of the Ombudsman in criminal were not included in the information does not relieve
or non-administrative cases? The law is silent. them of criminal liability, and they can be
Hence, appeal is not available as a remedy because subsequently prosecuted.
the right to appeal is a statutory privilege and may be
availed of only if there is a statute to that effect. • The accused who has been charged with the offense
However, an aggrieved party is not without remedy, is not allowed to escape punishment merely because
as he can resort to the special civil action of certiorari it develops in the course of the trial that there were
under Rule 65. other guilty participants in the crime.
• The Ombudsman does not have the power: • It does not vitiate the validity of the information.
to prosecute before the Sandiganbayan any Neither is the same a ground for a motion to quash.
impeachable officers with any offense which
carries with it the penalty of removal from office, 3. Role of Secretary of Justice:
or any penalty service of which would amount to
removal from office because by constitutional • The Secretary of Justice is not prevented from
mandate, they can only be removed from office entertaining an appeal from the accused or from the
on impeachment for, and conviction of, culpable offended party even after the information has been
violation of the Constitution, treason, bribery, filed and the trial court has arraigned the accused.
graft and corruption, other high crimes, or Section 4 of DOJ 223 should be construed as merely
betrayal of public trust enjoining the Secretary of Justice to refrain, as far as
to prosecute public officers or employees who practicable, from entertaining a petition for review or
have committed election offenses. appeal from the action of the prosecutor once the
complaint or information is filed in court. If the
to file an information for an offense cognizable Secretary reverses the ruling of the prosecutor, the
by the regular courts. latter has to file the necessary motion to dismiss the
complaint or information, the grant or denial of
6. Effect of an incomplete PI: which is subject to the discretion of the trial court.
• does not warrant the quashal of the information
4. Effect if the information is filed by someone not
• does not affect the court’s jurisdiction or the validity authorized by law:
of the information. • The court does not acquire jurisdiction. The
accused’s failure to assert lack of authority on the
Procedure part of the prosecutor in filing the information does
not constitute a waiver thereof.
1. By reason of the abbreviated nature of PI, a dismissal of the
charges as a result thereof is not equivalent to a judicial 5. The prosecutor is required to resolve the complaint based on
pronouncement of acquittal. the evidence presented by the complainant in the event that the
respondent cannot be subpoenaed or the respondent, if
2. The accused or respondent in a criminal prosecution may subpoenaed, does not submit a counter-affidavit within the 10-
avail himself of discovery remedies either during preliminary day period.
investigation or when the information has already been filed in
court. Resolution of investigating judge and its review
7
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
1. Invalid: A warrant issued by the judge solely on the basis 1. General Rule: No complaint or information shall be filed
of the report and recommendation of the investigating for an offense which is penalized by imprisonment of not less
prosecutor, without personally determining the existence of than 4 years, 2 months and 1 day without PI.
probable cause by independently examining sufficient
evidence submitted by the parties during the PI • Exception: when the accused has been lawfully
arrested without warrant, in which case, an inquest
2. Effect of a finding of probable cause: must be conducted by an inquest prosecutor who will
• merely binds over the suspect to stand trial. It is not determine whether his arrest without warrant is
a pronouncement of guilt. lawful. The inquest prosecutor may order the release
of the arrested person if he finds no sufficient ground
3. What the accused who believes that there is no probable to hold him without prejudice to conducting further
cause to hold him for trial may do: investigation, or file complaint or information within
• to file with the trial court a motion to dismiss on such the period specified in Art. 125 of the RPC.
ground or for the determination of probable cause.
2. In case a person is arrested without a warrant, a
• if the warrant of arrest has been issued, the accused complaint or information may only be filed after an
may file a motion to quash the arrest warrant or to inquest conducted in accordance with existing rules.
recall the same on the ground of lack of probable
cause. • Provided: that in the absence or unavailability of an
inquest prosecutor, the complaint may be filed by the
4. Where an information has already been filed in court, offended party or a peace officer directly with the
and the Secretary of Justice reversed the prosecutor’s proper court on the basis of the affidavit of the
finding of probable cause, what should the trial court do offended party or arresting officer or person.
upon the prosecutor’s motion to dismiss? He must make his
own assessment of the evidence and not just rely on the 3. Before the filing of a complaint or information, the person
conclusion of the prosecutor, otherwise the court becomes a arrested without a warrant may ask for a preliminary
mere rubber stamp. investigation by a proper officer, but he must sign a waiver of
the provisions of Art. 125 of the RPC.
5. Regarding reinvestigation:
• Once the complaint or information is filed in court, 4. If the accused allows himself to be arraigned without
any motion for reinvestigation is addressed to the asking for a preliminary investigation, he is deemed to have
sound discretion of the court. waived the right to such PI.
6. Municipal judge may issue arrest warrant before • cases where the punishment does not exceed 4 years
conclusion of preliminary investigation if: 2 months and 1 day.
• he finds that probable cause exists and
RULE 113 ARREST
• there is a necessity of placing respondent under
immediate custody.
Definition of arrest
7. Important: The rule is now that the investigating judge’s
Application of actual force, manual touching of the body,
power to order the arrest of the accused is limited to instances
physical restraint or formal declaration of arrest is not
in which there is a necessity for placing him in custody in
required. Arrest includes submission to the custody of the
order not to frustrate the ends of justice. Thus, even if the
person making the arrest.
judge finds probable cause, he cannot, on such ground alone,
issue a warrant of arrest. He must further find there is a
Execution of warrant
necessity of placing the accused under immediate custody in
order not to frustrate the ends of justice.
1. The judge issues a warrant of arrest in 2 instances:
8. The investigating judge has no power to reduce or
change the crime charged in order to justify the grant of
bail to the accused. The power belongs to the prosecutor. • (1) Upon the filing of the information by the
prosecutor.
9. After the conclusion of his PI, the judge has to transmit to In issuing this kind of warrant, the judge does
the provincial prosecutor his resolution and entire records of not personally examine the complainant and the
the case, regardless of whether he finds a probable cause or witnesses he may produce, but he merely
sufficient ground to issue a warrant of arrest. evaluates personally the report and supporting
documents and other evidence adduced during
When accused lawfully arrested without warrant the preliminary investigation and submitted to
him by the prosecutor, and if he finds probable
8
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• However, Sec. 4 of Rule 113 requires the head of 4. The arresting officer may be held civilly liable for damages
the office who applied for warrant to execute the under Art. 32 of the Civil Code. The very nature of Art. 32 is
same within 10 days from receipt thereof and for the that the wrong may be civil or criminal. It is not necessary
arresting officer assigned to execute the same to that there should be malice or bad faith.
submit, within 10 days from the expiration of the first
10-day period, a report to the judge who issued the 5. On Civil Procedure:
warrant.
• Section 20 Rule 14 of the 1997 Rules of Civil
Arrest without warrant; when lawful Procedure provides in part that the inclusion in a
motion to dismiss of other grounds aside from lack of
1. In a citizen’s arrest, the person may be arrested and jurisdiction over the person of the defendant shall not
searched of his body and of his personal effects or belongings, be deemed a voluntary appearance.
for dangerous weapons or anything which may be used as
proof of the commission of an offense, without need of a • Section 8 Rule 15 provides that subject to the
search warrant. provisions of Section 1 Rule 9, a motion attacking a
pleading, order, judgment or proceeding shall
2. Sec. 5(a) refers to arrest in flagrante delicto while Sec. 5(b) include all objections then available, and all
refers to hot pursuit. objections not so included shall be deemed waived.
3. Sec. 5(b) authorizes warrantless arrest “when an offense has
in fact just been committed.” The word “just” implies • These changes in the 1997 Rules of Civil Procedure
immediacy in point of time. are applicable to criminal cases as Section 3 Rule 1
thereof provides that “these rules shall govern the
4. Delivery of the detained person to the proper judicial procedure to be observed in actions, civil or criminal,
authorities means the filing of the complaint or information and special proceedings.” Moreover, the omnibus
with the municipal trial court or with the inquest fiscal or motion rule applies to motions to quash.
prosecutor who shall then decide either to order the release of
the detained person or to file the corresponding information in 6. Section 26 of Rule 114 of the New Rules of Criminal
court. Procedure provides that bail is not a bar to objection on
illegal arrest, lack of or irregular preliminary
Method of arrest by officer without warrant investigation. This is an abandonment of the Cojuangco, Jr.
v. Sandiganbayan ruling.
1. Custodial investigation
• Involves any questioning initiated by law
RULE 114 BAIL
enforcement officers after a person has been taken
into custody or otherwise deprived of his freedom of
Bail defined
action in any significant way.
1. Purpose:
• It is only after investigation ceases to be a
• to honor the presumption of innocence until his guilt
general inquiry into an unsolved crime and begins to
is proven beyond reasonable doubt
focus on a particular suspect, the suspect is taken into
custody, and the police carries out a process of
interrogations that lends itself to eliciting • to enable him to prepare his defense without being
incriminating statements that the rule begins to subject to punishment prior to conviction.
operate.
2. Upon assumption of the obligation of bail, the sureties
become in law the jailers of their principal.
• Embraced in custodial investigation:
invited for questioning
3. As bail is intended to obtain or secure one’s provisional
liberty, the same cannot be posted before custody over him
re-enactment has been acquired by the court.
9
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• Rationale: it discourages and prevents resort to the 6. Summary of the evidence for the prosecution
pernicious practice whereby an accused could just • The court’s order granting or refusing bail must
send another in his stead to post his bail, without contain a summary of the evidence for the
recognizing the jurisdiction of the court by his prosecution, otherwise the order granting or denying
personal appearance therein and compliance with the bail may be invalidated because the summary of the
requirements thereof. evidence for the prosecution which contains the
judge’s evaluation of the evidence may be considered
Conditions of the bail; requirements as an aspect of procedural due process for both the
prosecution and the defense.
1. The surety’s liability covers all these 3 stages:
• trial 7. It would be premature, not to say incongruous, to file a
• promulgation petition for bail for someone whose freedom has yet to be
• the execution of the sentence. curtailed.
Unless the court directs otherwise, the bail bond posted by an
accused remains in force at all stages of the case until its final Bail, when discretionary
determination.
1. Not entitled to bail:
2. If the accused presents his notice of appeal, the trial court • An accused who has been convicted of an offense
will order the accused to be taken into custody in the absence which carries a penalty of more than 20 years is not
of a new bail bond on appeal duly approved by the court. If entitled to bail during the pendency of his appeal.
the accused does not appeal, the bondsman must produce the
accused on the 15th day from promulgation of sentence for • An accused who is convicted of a capital offense is
service of sentence. no longer entitled to bail on appeal since his
conviction imports that the evidence of guilt is
Bail, as a matter of right; exception strong.
1. When bail is a matter of right: 2. Trial court may grant bail before appeal is perfected
• before or after conviction by the MTC • Whether bail is a matter of right or discretion, the
trial court may grant bail and approve the amount of
• before conviction, for all offenses punishable by the bail bond before the accused has perfected his
lower than reclusion perpetua appeal, appeal being perfected upon filing of a
written notice of appeal and furnishing the adverse
prosecution does not have the right to party copy thereof.
oppose or to present evidence for its denial.
• However if the decision of the trial court convicting
2. When bail is a matter of discretion: the accused changed the nature of the offense from
• before conviction, in offenses punishable by death, non-bailable to bailable, the application for bail can
reclusion perpetua or life imprisonment only be filed with and resolved by the appellate court.
• after conviction by the RTC of a non-capital offense • Even if there is no notice of appeal, if the decision of
the TC convicting the accused changed the nature of
prosecution is entitled to present evidence the offense from non-bailable to bailable, the
for its denial. application for bail can only be filed with and
resolved by the appellate court.
3. Right to bail may be waived.
3. After appeal is perfected, the trial court loses
4. Bail in court-martial offenses: jurisdiction to grant bail and to approve bail bond.
The right to bail of an accused military personnel
triable by courts-martial does not exist, as an • However, the accused may apply for bail or
exception to the general rule that an accused is provisional liberty with the appellate court.
entitled to bail except in a capital offense where
the evidence of guilt is strong. Capital offense defined
Rationale: The unique structure of the military The capital nature of an offense is determined by the penalty
justifies exempting military men from the prescribed by law, and not by the penalty that may be imposed
constitutional coverage on the right to bail. after trial and on the basis of the evidence adduced and the
presence of aggravating or mitigating circumstance.
5. Notice of hearing required:
Capital offense or an offense punishable by reclusion
• Whether bail is a matter of right or of discretion, perpetua or life imprisonment, not bailable
reasonable notice of hearing is required to be given to
the prosecutor or fiscal or at least he must be asked 1. Distinction between life imprisonment and reclusion
for his recommendation because in fixing the amount perpetua, insofar as bail is concerned, is not important.
of bail, the judge is required to take into account a
number of factors such as the applicant’s character
and reputation, forfeiture of other bonds or whether • Why? because in both cases, the grant of bail before
he is a fugitive from justice. conviction by the trial court is a matter of discretion
when evidence of guilt is strong.
10
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
2. The constitutional mandate makes the grant or denial of Deposit of cash as bail
bail in capital offenses hinge on the issue of whether or not
the evidence of guilt is strong. The trial judge has no authority to strictly require that only
cash bond, instead of a surety bond, be deposited for the
3. Meaning of “conviction” provisional release of the accused.
2. Regarding minors charged with a capital offense: • when the offense charged is for violation of an
ordinance, a light, or a criminal offense, the
• If the person charged with a capital offense, such as imposable penalty of which does not exceed 6
murder, admittedly a minor, which would entitle him, months imprisonment and/or P2000 fine, under the
if convicted, to a penalty next lower than that circumstances provided in RA No. 6036
prescribed by law, he is entitled to bail regardless of
whether the evidence of guilt is strong. The reason • where a person has been in custody for a period equal
for this is that one who faces a probable death to or more than the minimum of the imposable
sentence has a particularly strong temptation to flee. principal penalty, without application of the
This reason does not hold where the accused has been Indeterminate Sentence Law or any modifying
established without objection to be minor who by law circumstance, in which case the court, in its
cannot be sentenced to death. discretion, may allow his release on his own
recognizance
3. Duty of judge to conduct hearing:
• where the accused has applied for probation, pending
• Where the prosecution agrees with the accused’s resolution of the case but no bail was filed or the
application for bail or foregoes the introduction of accused is incapable of filing one
evidence, the court must nonetheless set the
application for hearing. • in case of a youthful offender held for physical and
mental examination, trial, or appeal, if he is unable to
• It is mandatory for the judge to conduct a hearing furnish bail and under circumstances envisaged in PD
and ask searching and clarificatory questions for the No. 603 as amended.
purpose of determining the existence of strong
evidence against the accused; and the order, after Bail, where filed
such hearing, should make a finding that the evidence
against the accused is strong. A judge presiding in one branch has no power to grant bail to
an accused who is being tried in another branch presided by
Corporate surety another judge who is not absent or unavailable, and his act of
releasing him on bail constitutes ignorance of law which
The term of the bail bond is not dependent upon faithful subjects him to disciplinary sanction.
payment of the bond premium.
Forfeiture of bail
Justification of sureties
1. When bail bond forfeited:
Before accepting a surety or bail bond, the following
requisites must be complied with: • only in instances where the presence of the accused is
• photographs of the accused; specifically required by the court or the Rules of
Court and, despite due notice to the bondsmen to
• affidavit of justification;
produce him before the court on a given date, the
• clearance from the Supreme Court;
accused fails to appear in person as so required.
• certificate of compliance with Circular No. 66 dated
September 19, 1996; 2. To justify exemption from liability on a bail bond or
• authority of the agent; and reduction thereof, two requisites must be satisfied:
• current certificate of authority issued by the • production or surrender of the person of the accused
Insurance Commissioner with a financial statement within 30 days from notice of the order of the court to
showing the maximum underwriting capacity of the produce the body of the accused or giving reasons for
surety company. its non-production
11
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• satisfactory explanations for the non-appearance of proof of another shall not be so unreasonable as to be purely
the accused when first required by the trial court to arbitrary.
appear.
2. Equipoise rule:
Compliance with the first requisite without
meeting the second requisite will not justify non- • If the inculpatory facts and circumstances are capable
forfeiture of a bail bond or reduction of liability. of two or more explanations, one of which is
consistent with the innocence of the accused and the
Arrest of accused out on bail other with his guilt, then the evidence does not fulfill
the test of moral certainty and is not sufficient to
1. The bondsmen who put the bail bond for the accused support a conviction of the accused. Hence, where
become the jailers and they or the police officer to whom the evidence of the parties in a criminal case are
authority is endorsed may arrest the accused for the purpose of evenly balanced, the constitutional presumption of
surrendering him to the court. The accused cannot leave the innocence should tilt the scales in favor of the
country without the permission of the bondsmen and the court. accused and he must be acquitted.
2. Regarding hold-departure orders: 3. If the judgment of conviction had become final and
executory, it may still be recalled, and the accused afforded
• Supreme Court Circular No. 39-97 dated June 19, the opportunity to be heard by counsel, where he has been
1997 limits the authority to issue hold departure denied the right to counsel during the hearing.
orders to the RTCs in criminal cases within their
exclusive jurisdiction. Consequently, MTC judges 4. Where an accused was represented in the RTC by a person
have no authority to issue hold-departure orders, who claimed to be a lawyer and was thereafter convicted, but
following the maxim, express mention implies the it was later discovered that his counsel was not really a lawyer,
exclusion. Neither does he have authority to cancel he is entitled to have his conviction set aside and a new trial
one which he issued. undertaken.
No bail after final judgment; exception 5. Transactional and Use immunity distinguished:
General Rule: no bail shall be allowed after the judgment has • Transactional immunity is broader in the scope of its
become final, as what is left is for him to serve the sentence. application. By its grant, a witness can no longer be
prosecuted for any offense whatsoever arising out of
• Exception: when he has applied for probation before the act or transaction.
commencing to serve sentence, the penalty and the
offense being within the purview of the Probation • In contrast, by the grant of use-and-derivative-use
Law. immunity, a witness is only assured that his or her
particular testimony and evidence derived from it will
• Exception to the exception: the accused shall not be not be used against him or her in a subsequent
allowed to be released on bail after he has prosecution.
commenced to serve his sentence.
6. The right against self-incrimination is a protection only
Bail is not a bar to objections on illegal arrest, lack of or against testimonial compulsion.
irregular preliminary investigation
7. The accused’s right to meet the witnesses face to face is
Important: An application for admission to bail shall not bar limited to proceedings before the trial court, during trial, and
the accused from challenging the validity of his arrest or the not during custodial or preliminary investigation.
legality of the warrant issued therefore, or from assailing the
regularity or questioning the absence of a preliminary 8. Requests by a party for the issuance of subpoenas do not
investigation of the charge against him, provided that he require notice to other parties to the action.
raises them before entering his plea. The court shall observe
the matter as early as practicable but not later than the start of 9. The sanctions of arrest and contempt in respect to
the trial of the case. disobedience to subpoena are not applicable to a witness who
resides more than 100 kilometers from the residence to the
place where he is to testify, or if he is a detention prisoner no
RULE 115 RIGHTS OF ACCUSED permission of the court in which his case is pending was
obtained.
Rights of the accused at the trial
10. Public trial should not be confused with trial by publicity
1. Is the constitutional presumption of innocence violated which is proscribed.
by the presumption of guilt established by law arising from
certain facts proved and by shifting to the accused the 11. Requisites for valid waiver of right:
burden of proof to show his innocence? No. The state • existence of right
having the right to declare what acts are criminal, within
certain defined limitations, has a right to specify what act or • knowledge of existence thereof
acts shall constitute a crime, as well as what proof shall
constitute prima facie evidence of guilt. The constitutional • intention to relinquish such right, which must be
presumption of innocence will not apply as long as there is shown clearly and convincingly
some rational connection between the fact proved and the
ultimate fact presumed, and the inference of one fact from
12
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• where the law or the Constitution so provides, the within 60 days from commencement of the trial
waiver must be with the assistance of counsel, to be and to be decided within 30 days from the
valid. submission of the case
2. No trial in absentia can be validly held without first • It should be noted, however, that the amendment did
arraigning the accused, and he cannot be arraigned not say that an accused may be allowed to plead to a
without his personal appearance in court. lesser offense only if the same is necessarily included
in the offense charged. The provision employs the
3. Presence of offended party required word “may,” which is permissive and implies that the
court may still allow an accused to plead guilty to a
• The presence of the offended party is now required at lesser offense, even if the latter is not included in the
the arraignment and also to discuss the matter of offense charged.
accused’s civil liability. In case the offended party
fails to appear despite due notice, the trial court may 2. Consent of offended party required:
allow the accused to plead guilty to a lower offense
with solely the conformity of the trial prosecutor. • The consent of the offended party to allowing the
accused to plead guilty to a lesser offense is
4. Accused under preventive detention necessary. It has been held that if the plea of guilty
to a lesser offense is made without the consent of the
• While RA 8493, or the Speedy Trial Act, provides prosecutor and the offended party, the conviction of
that the accused shall be arraigned within 30 days the accused shall not be a bar to another prosecution
from the time a court acquires jurisdiction over his for an offense which necessarily includes the offense
person, Rule 116 section 1(e) provides for a shorter charged in the former information.
time within which an accused who is under
preventive detention should be arraigned. When an 3. Change of plea
accused is detained, his case should be raffled within
3 days from the filing of the information or complaint • After the prosecution has rested its case, a change of
against him, and the judge to whom his case is raffled plea to a lesser offense may be granted by the judge,
shall have him arraigned within 10 days from receipt with the approval of the prosecutor and the offended
by the judge of the records of the case. The pre-trial party and only when the prosecution does not have
conference shall be held within 10 days after the sufficient evidence to establish the guilt of the crime
arraignment. charged. The judge cannot on its own grant the
change of plea.
5. The arraignment shall be held within 30 days from the date
the court acquires jurisdiction over the person of the accused, Plea of guilty to capital offense; reception of evidence
unless a shorter period is provided by special law or by SC
Circular. 1. An improvident plea means a plea without proper
information as to all the circumstances affecting it; based upon
• Certain laws and SC Circulars provide for a shorter a mistaken assumption or misleading information or advice.
time within which the accused should be arraigned:
2. Conviction in a capital offense cannot rest alone on a plea
RA 4908 – in criminal cases where the of guilty, a free and intelligent plea. It is mandatory for the
complainant is about to depart from the trial court to require the prosecution to present its evidence
Philippines with no definite date of return, the and, if the accused so desires, to allow him to submit his
accused should be arraigned without delay and evidence. This is so even if the accused formally manifests
his trial should commence within 3 days from the that he waives presentation of evidence by the prosecution.
arraignment and that no postponement of the
initial hearing should be granted except on the Plea of guilty to non-capital offense; reception of evidence,
ground of illness on the part of the accused or discretionary
other grounds beyond the control of the court.
1. What a plea of guilty includes:
RA 7610 (Child Abuse Act) – the trial shall be • The plea of guilty covers both the crime as well as its
commenced within 3 days from arraignment
attendant circumstances alleged in the complaint or
information, qualifying and/or aggravating the crime.
Dangerous Drugs Law Such plea removes the necessity of presenting further
evidence and for all intents and purposes the case is
SC AO 104-96, i.e., heinous crimes, violations deemed tried on its merits and submitted for decision.
of the Intellectual Property Rights Law – these It leaves the court with no alternative but to impose
cases must be tried continuously until terminated the penalty prescribed by law.
13
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
2. Mitigating circumstances: 3. The filing of a motion for bill of particulars suspends the
period to file a responsive pleading.
• The trial court may allow an accused to plead guilty • If the motion is granted, the moving party has the
and at the same time allow him to prove other remaining period or at least 5 days to file his answer
mitigating circumstances. However, if what the from service of the bill of particulars.
accused would prove is an exempting circumstance,
which would amount to a withdrawal of his plea of • If the motion is denied, he has the same period to file
not guilty, the trial court may not allow him to take his responsive pleading from receipt of the order
the witness stand. denying the motion.
3. If the accused is permitted to present evidence after his plea Suspension of arraignment
of guilty to a non-capital offense and such shows that the
accused is not guilty of the crime charged, the accused must be Tests to determine insanity:
acquitted, for there is no rule which provides that simply • the test of cognition (which is used in this
because the accused pleaded guilty to the charge that his jurisdiction) or the complete deprivation of
conviction automatically follows. Additional evidence intelligence in committing the criminal act
independent of the plea may be considered to convince the
judge that it was intelligently made. • the test of volition or that there be a total deprivation
of freedom of the will.
Withdrawal of improvident plea of guilty
RULE 117 MOTION TO QUASH
1. When it may be done:
• at any time before the judgment of conviction Time to move to quash
becomes final.
1. Quashal and nolle prosequi distinguished:
2. Effect: • The quashal of complaint or information is different
• change of the accused’s plea from guilty to that of not from a nolle prosequi, although both have one result,
guilty is the setting aside of the judgment of which is the dismissal of the case.
conviction and the re-opening of the case for new
trial. • A nolle prosequi is initiated by the prosecutor while a
quashal of information is upon motion to quash filed
3. The withdrawal must at least have a rational basis. The by the accused.
accused should state that he has a meritorious defense to the
charge. The motion should be set for hearing and the • A nolle prosequi is a dismissal of the criminal case by
prosecution heard thereon. the government before the accused is placed on trial
and before he is called to plead, with the approval of
Time for counsel de officio to prepare the court in the exercise of its judicial discretion. It
partakes of the nature of a nonuser or discontinuance
Express demand: in a civil suit and leaves the matter in the same
condition in which it was before the commencement
• Counsel for the accused must expressly demand the of the prosecution. It is not an acquittal; it is not a
right to be given reasonable time to consult with the final disposition of the case; and it does not bar a
accused. Only when so demanded does denial subsequent prosecution for the same offense.
thereof constitute reversible error and a ground for
new trial. 2. General Rule: A MTQ may be filed by the accused at any
time before the accused enters his plea. Thereafter, no MTQ
Bill of particulars can be entertained by the court.
prove any of the grounds of a MTQ, enumerated in by the simple expedient of accusing the defendant of
Sec. 3. Such inquiry into outside facts may also be the graver offense.
allowed even when the ground invoked is that the
allegation in the information does not constitute the • The rule that if the last day falls on a Sunday or a
offense charged. holiday, the act can still be done the following day
does not apply to the computation of the period of
Grounds prescription of a crime, in which the rule is that if the
last day in the period of prescription of a felony falls
1. In a MTQ based on the ground that the facts alleged in on a Sunday or legal holiday, the information
the information do not constitute the offense charged, the concerning said felony cannot be filed on the next
trial court should limit its inquiry to: working day, as the offense has by then already
• the averments in the information, as hypothetically prescribed.
admitted;
• The period of a continuing crime’s prescription is
• facts admitted by the prosecution; and counted from the latest or last act constituting the
series of acts continuing the single crime.
• indubitable facts.
2. Where ground for MTQ is illegal arrest: • The prescriptive period of offenses penalized by
special laws and ordinances is interrupted only by
• If the accused believes that the arrest, with or the filing of complaint or information in court. This
without warrant, is illegal, he should move to quash is without distinction as to whether the cases are
the information on such ground, along with other covered by the Rule on Summary Procedure.
grounds as otherwise such other grounds will be
deemed waived if not included in the MTQ, except • The period of prescription does not run when the
no offense charged, lack of jurisdiction over the offender is absent from the Philippines.
offense, prescription of offense or liability, or double
jeopardy. 9. Regarding pardon:
3. The prosecutor who signed the information must have
territorial jurisdiction to conduct the preliminary • Unless grounded on the person’s innocence, a pardon
investigation of the offense, otherwise the information filed by by the President cannot bring back lost reputation for
him would be invalid and can be quashed on such ground. honesty, integrity and fair dealing. The pardoned
offender regains his eligibility for appointment to
4. The fact that the allegations in the complaint or information public office which was forfeited by reason of the
are vague or broad, is not generally a ground for a motion to conviction of the offense. But since pardon does not
quash, the remedy being to file a motion for bill of particulars. necessarily result in automatic reinstatement because
the offender has to apply for reappointment, he is not
6. The period of prescription of violation of special laws or entitled to back wages.
offenses not penalized by the Revised Penal Code but by
special laws, and municipal ordinances is governed by Act No. 10. Contentious motions:
3326 which took effect on December 4, 1926.
• Contentious motions in criminal cases must comply
7. Doctrine of Presidential Ad Hoc Fact-Finding with the requirements that they be set for hearing at a
Committee on Behest Loans v. Desierto, 317 SCRA 272 specified date with prior notice to the adverse party
(1999): or the prosecutor at least 3 days before the hearing,
the notice of hearing should be addressed to adverse
• If the commission of the crime is known, the counsel or the prosecutor, and proof of service of the
prescriptive period shall commence to run on the day motion upon the adverse party or prosecutor at least 3
it was committed, otherwise on the date of its days prior to such hearing. This is mandatory.
discovery.
11. Remedy of aggrieved party
• In the very nature of things, acts made criminal by
special laws are frequently not immoral or obviously • While an order granting a motion to quash, unlike a
immoral in themselves. For this reason, the denial thereof, is appealable, as the proper remedy,
applicable statute requires that if the violation of the this rule does not preclude the aggrieved party from
special law is not known at the time, the prescriptive filing a special civil action of certiorari, as a
period begins to run only from the discovery thereof, substitute for the remedy of a lost appeal, where there
that is, discovery of the unlawful nature of the is a patent, capricious and whimsical exercise of
constitutive act or acts, in connection with which discretion by a trial judge or where an appeal will not
there should be evidence. promptly relieve the aggrieved party from the
injurious effect of the disputed order, as in the
8. Regarding prescriptive periods: quashal of an information for incomplete preliminary
investigation.
• Where an accused has been found to have committed
a lesser offense includible within the offense charged, Amendment of complaint or information
he cannot be convicted of the lesser offense if it has
already prescribed. To hold otherwise would be to 1. An information does not charge an offense if one or more of
sanction the circumvention of the law on prescription its essential elements have not been alleged therein. The
amendment of the information to allege the element(s) not
15
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
stated in the information is a material amendment, but the • where one case is administrative in nature and the
same can be done because the accused has not been arraigned, other criminal. Neither does it apply in preliminary
nor can a dismissal of the information on such ground put the investigations.
accused twice in jeopardy.
Provisional dismissal
2. A good tactical move may require that the accused should
first plead to the information and thereafter file a motion to 1. Important!: A trial court may not order a provisional
quash either before or after the prosecution has presented its dismissal of the case without the express consent of the
evidence. Pursuant to Sec. 9 of Rule 117, an accused, even accused and prior notice to the offended party. The trial court,
after he has entered his plea, may still move to quash the cannot, on its own, provisionally dismiss the case, nor can it
information on the ground that it does not charge an offense. dismiss it provisionally without the express consent of the
If the case is dismissed on such ground, the prosecution may prosecutor.
not be permitted to correct the information because the
accused has already pleaded and to allow such amendment 2. Important!: The provisional dismissal of offenses
may place the accused twice in jeopardy. punishable by imprisonment not exceeding 6 years or a fine of
any amount, or both, shall become permanent 1 year after
Former conviction or acquittal; double jeopardy issuance of the order without the case having been revived.
With respect to offenses punishable by imprisonment of more
1. Double jeopardy will apply... than 6 years, their provisional dismissal shall become
• …when the complaint or information is dismissed by permanent 2 years after issuance of the order without the case
a court of competent jurisdiction after the prosecution having been revived.
has presented its evidence even if the dismissal is in
the mistaken ground of lack of jurisdiction. Failure to move to quash or to allege any ground therefor
• …even if the dismissal is made with the express The accused may still file a motion to dismiss the information
consent of the accused, or upon his own motion, if it based on the following grounds even if he has already pleaded
is predicated on insufficiency of the prosecution not guilty:
evidence or denial of the right to a speedy trial. In • the information charges no offense;
both instances, the dismissal has the effect of • the trial court has no jurisdiction over the offense
acquittal. charged;
• the penalty or the offense has been extinguished; and
2. Double jeopardy will not apply… • double jeopardy has attached.
• … in case of a conviction of a crime under a special
law, which also constitutes an offense under the RULE 118 PRE-TRIAL
Revised Penal Code.
Reason: the former is malum prohibitum, while 1. Pre-trial Conference is mandatory in
the latter is malum in se. criminal cases.
Thus, it has been held that conviction for the
crime of illegal recruitment under the Labor 2. In such pre-trial, the following are
Code does not preclude punishment for the considered:
offense of estafa under the RPC. a. Plea bargaining
b. Stipulation of facts
• where 2 informations are filed charging the same c. Identification of evidence
accused with 2 different elements, as in the issuance d. Waiver of objections to
of bouncing check for estafa under the RPC and admissibility of evidence
violation of BP 22. e. Modification of order of trial if
accused admits the charge but interposes
• where after trial of a charge of serious physical lawful defense
injuries, the municipal trial court dismissed the case f. Other matters which will promote a
to give way to the filing of a complaint for frustrated fair and expeditious trial
murder, as it believed that what was proved was
frustrated murder, the dismissal was null and void 3. What are the requisites of pre-trial
because the trial court should have rendered agreements and admissions (stipulation of
judgment based on the charge alleged in the facts)?
information and the evidence adduced during the a. In writing
trial. Since the dismissal was null and void, it did not b. Signed by the accused and counsel
place the accused twice in jeopardy for the
continuation of the proceedings for serious physical • The agreements covering matters referred
injuries. to in section 1 of this Rule (plea
bargaining, etc.) need to be approved by
• where the accused has been sentenced to suffer a the court.
wrong penalty by the trial court, the petition for
certiorari filed by the prosecutor to correct the • The purpose of requiring the accused to
penalty which should be lower than that imposed sign the stipulation of facts is to further
does not place the accused twice in jeopardy because safeguard his rights against improvident
it would shorten the penalty and is favorable to the or unauthorized agreement or admission
accused. which his counsel may have entered into
16
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
without his knowledge. (People vs. Uy, require the presence of the accused for purposes
2000) of identification by the witnesses which is vital for
conviction of the accused, except where he
4. If the counsel for the accused or the unqualifiedly admits in open court after his
prosecutor does not appear at the pre-trial arraignment that he is the person named as
and does not offer an acceptable excuse, he defendant in the case on trial.
may be penalized by the court.
3. What are the effects of trial in 1. Whether the failure to grant continuance
absentia? The accused waives the right to would make a continuation of the proceeding
present evidence and cross-examine the impossible or result in a miscarriage of
witnesses against him. (People vs. Landicho, justice.
1996)
2. The case, as a whole, is novel, unusual
The accused’s waiver does not mean, however, and complex, or it is unreasonable to expect
that the prosecution is deprived of the right to
17
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
Speedy Trial
1. Order of Trial
Sanctions Imposed on Private Counsel, Public Attorney or
• Prosecution presents evidence to prove
the Prosecutor
the charge and, in the proper case, the
civil liability.
• Acts which will evoke the sanctions:
1. Knowingly allowing the case to be set • The accused presents evidence to prove
on trial without disclosing that a his defense and damages, if any.
necessary witness would be • The prosecution, then the defense, may
unavailable; present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice,
2. Files a motion solely for delay, permits them to present additional
knowing it to be frivolous and without evidence.
merit;
• Upon admission of the evidence by the
3. Knowingly makes a false statement in parties, the case is deemed submitted for
order to obtain continuance; decision.
4. Willfully fails to proceed to trial
without justification.
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
• The Sanctions:
or information but interposes a lawful
defense.
1. Private Defense Counsel – fine
not exceeding P20, 000 + criminal 3. The order of trial is intended to safeguard the
sanctions, if any. right of the accused to be presumed innocent
until the contrary is proved.
18
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
4. The accused has the right to demand from used in preparation and upon the trial of a
the prosecution the list of prosecution civil or criminal prosecution.
witnesses, but the prosecution may call
witnesses other than as listed even when the • Purpose: The purpose of taking
latter heard the testimonies of other depositions are to:
witnesses. Furthermore, the prosecution has i. Greater assistance to the
the discretion to choose the order of its parties in ascertaining the
witnesses. truth and checking and
preventing perjury
5. Due Process
• The prosecution is entitled to due ii. Provide an effective means
process. This means that it must be of detecting and exposing
allowed to completely present its false, fraudulent claims and
evidence. defenses
• Judges must not only be impartial, but iv. Educate the parties in
must also appear impartial. However, this advance of trial as to the
does not mean that the judge must real value of their claims
remain passive during the proceedings. and defenses thereby
It’s the judge’s prerogative and duty to encouraging settlements
ask clarificatory questions to ferret out the
truth. v. Expedite litigation
Application for Examination of Witness for • The court shall issue an order directing
Accused Before Trial that the witness for the accused be
examined at a specific date, time and
place.
• The accused may have witnesses
conditionally examined in his behalf. The
motion shall state: • The said order should be served on the
prosecutor at least 3 days before the
Name and residence of the witness
scheduled examination.
Substance of his testimony
The witness is sick and cannot
• Who should make the examination? The
attend trial or he resides more than
examination should be taken before a
100 km from the place of trial and
judge or a member of the Bar in good
has no means to attend the same
standing so designated by the judge. It
may also be made before an inferior court
• The motion should be supported by designated in the order of a superior
affidavit of the accused and such other court.
evidence as the court may require.
19
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
1. The witness for the prosecution may be • The fact that there was conspiracy
conditionally examined by the court where does not preclude one from being
the case is pending if said witness is: discharged as a state witness. What
• Too sick to appear at the trial; or the court takes into account is the
• Has to leave the Philippines with no gravity or nature of acts committed by
definite date of return. the accused to be discharged
compared to those of his co-accused,
2. Such examination should be in the and not merely the fact that in law the
presence of the accused or in his absence same or equal penalty is imposable on
after reasonable notice to attend the all of them.
examination has been served on him.
g. Accused has not been convicted of
3. Examination of child witnesses is any offense involving moral turpitude.
tackled under the Rule on Examination of a
Child Witness which took effect on December 2. The defense should be afforded
15, 2000. opportunity to oppose the motion to
discharge an accused to be a state witness.
Joint Trial
3. Any question against the order of the
1. When two or more defendants are jointly court to discharge an accused to be used as
charged with any offense, they shall be tried state witness must be raised in the trial court;
jointly, unless the court in its discretion upon it cannot be considered on appeal. Where
motion of the prosecution or any of the there is, however, a showing of grave abuse
defendants orders a separate trial. of discretion, the order of the trial court may
be challenged in a petition for certiorari and
2. Where the conditions are fulfilled, joint prohibition.
trial is automatic, without need for the trial
court to issue an order to that effect. 4. Two types of witness immunity
Consolidation of Trials of Related Offenses 5. An order denying the motion for leave of
court to file a demurer shall not be reviewable
1. Charges for offenses founded on the same by appeal or by certiorari before judgment.
facts or forming part of a series of offenses or This is because demurrer is merely
similar character may be tried jointly at the interlocutory.
court’s discretion.
Reopening of Case
2. The purpose of consolidation is to avoid
multiplicity of suits, guard against oppression • At any time before finality of judgment of
or abuse, prevent delay, clear congested conviction, judge may, motu proprio or upon
dockets, simplify the work of the trial court, motion, with hearing in either case reopen to
and save unnecessary cost or expense; in avoid miscarriage of justice.
short, the attainment of justice with the least
expense and vexation to the parties litigant.
21
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
3. The judge who penned the decision need Judgment for Two or More Offenses
not be the one who heard the case. The
judge can rely on the transcript of • A complaint or information must
stenographic notes taken during the trial. charge only one offense. However, if the
accused does not object to the duplicity
Contents of Judgment before he enters his plea, he is deemed to
have waived the defect. He may be found
1. Legal qualification of the offense constituted guilty for as many offenses as alleged in the
by the acts committed by the accused, and complaint or information as may have been
the aggravating or mitigating circumstances duly proved.
attending the commission.
Variance Between Allegation and Proof
2. Participation of the accused in the commission
of the offense, whether as principal, 1. General Rule: If the prosecution proves
accomplice or accessory an offense included in the offense charged in
the information, the accused may be validly
3. The penalty imposed upon the accused convicted of such offense proved.
4. Civil liability or damages caused by the 2. Exception: The general rule does not
wrongful act to be recovered from the apply where facts supervened after the filing
accused by the offended party, if there is any, of the information which changes the nature
unless the enforcement of the civil liability by of the offense.
a separate civil action has been reserved or
waived. 3. An offense charged necessarily includes
the offense proved when some of the
essential elements or ingredients of the
former constitute the latter.
Acquittal and Dismissal
22
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
b. errors/irregula
5. If judgment is one of conviction and the rities are prejudicial to the substantial
accused is absent without justifiable cause, rights of the accused
the court shall order his arrest and he shall
lose the remedies available in the Rules The following are not considered as
against the judgment. irregularities:
- Loss of records (remedy is
6. When the judge is reconstitution of missing evidence)
absent or outside the province or city, the
judgment may be promulgated by the clerk of - Loss of stenographic notes (remedy
court. is reconstruction of the testimony
of the witness)
7. A judgment
promulgated at a time when the judge who 2. New and material evidence has been
rendered and signed it had ceased to hold discovered
office is null and void. a. evidence
discovered after trial
Modification of Judgment
b. evidence
1. A judgment of conviction may be modified could not have been discovered and
or set aside before it becomes final or before produced at the trial even with the
appeal is perfected. exercise of reasonable diligence
23
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
When RTC exercised appellate • The courts may allow the appellant to
jurisdiction: withdraw his appeal before the record has
been forwarded by the clerk of court to the
- Follow Rule 42 on Petition for proper appellate court, in which case the
Review judgment shall be final.
Sandiganbayan
1. when RTC exercised original RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL
jurisdiction: COURTS
2. file a Notice of Appeal with the RTC
a. serve a copy of the notice 1. General Rule
upon the adverse party
24
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
• The Court of Appeals may reverse, affirm, or 1. He is appointed if it appears from the
modify the judgment; increase or reduce the record of the case that:
penalty imposed; remand the case for new
trial or re-trial; or dismiss the case. It is a. The accused is confined in prison,
discretionary on its part whether or not to set b. The accused is without counsel de parte
a case for oral argument. on appeal, or
c. The accused signed the notice of appeal
• It shall have the power to try cases and himself.
conduct hearings, receive evidence and
perform any and all acts necessary to resolve
factual issues raised in cases:
Judgment of the Court of Appeals/New 4. Questions of law and fact come within
Trial/Reconsideration the jurisdiction of the CA
• When the entry of judgment of the Court of 5. When a criminal case is appealed to the
Appeals is issued, a certified true copy of the SC, the whole case is then thrown open
judgment shall be attached to the original for review
record which shall be remanded to the clerk • It becomes the duty of the SC to
of court from which the appeal was taken. correct errors found in the judgment
appealed from
• The appellant may move for a new trial any
time after the appeal from the lower court has • SC may correct errors whether they
been perfected and before the judgment of are made the subject of assignments or
the Court of Appeals convicting him becomes error or not
final.
6. Effect of appeal on the bail of the
• A motion for reconsideration shall be made accused:
within 15 days after notice of the decision or
final order of the Court of Appeals. • When accused is charged with offense
which under the existing law at the time
of its commission and time of application
RULE 125 PROCEDURE IN THE SUPREME COURT for bail is punishable by a PENALTY
LOWER THAN RECLUSION PERPETUA and
1. Procedure in the SC in appealed cases is
is out on bail, and after trial is convicted
the same as in the CA, unless otherwise
by the trial court of the offense charges or
provided by the Constitution or law
of a lesser offenses than that charged in
the complaint or information, he is
2. A case may reach the SC for final
allowed to remain free on his original
adjudication in the following manner:
bail pending the resolution of appeal
– unless the proper court directs otherwise
• Automatic review
In all cases where death penalty is
imposed by the trial court
• When accused is charged with CAPITAL
OFFENSE or which under the law at the
Records shall be forwarded to the
time of its commission and at the time of
SC for automatic review and judgment
the application for bail is punishable by
reclusion perpetua and is out on bail, and
• Ordinary appeal after trial is convicted by the trial court of
Where penalty imposed is life a lesser offense than that charged in the
imprisonment complaint or info – same rule set forth
26
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
When, in criminal cases pending appeal before the SC, • It is not available to individuals in the
accused is still on provisional liberty, the ff. rules course of civil proceedings; it is not for the
are laid down: maintenance of any private right.
D. The fact that a thing is a corpus delicti of a crime does • Examination of witnesses to
not justify the seizure without a warrant determine probable cause:
Judge must examine witnesses
8. Section 2 Article III of the 1987 Constitution is the personally
constitutional basis of the rule on search and seizure Examination must be under oath;
and
9. Requisites for the issuance of a valid search warrant Examination must be reduced to
writing in the form of searching
a. Probable cause questions and answers
• It is such facts and circumstances
antecedent to the issuance of the warrant, • The test in determining whether
that are in themselves sufficient to induce a the allegations in an application for a search
cautious man to believe that the person warrant are based on personal knowledge –
against whom the search warrant is applied, should not be based on mere hearsay, nor
had committed, or is about to commit, a mere suspicion or belief
crime
d. The probable cause must be in connection with one
• Probable cause for a search is specific offense;
defined as such facts and circumstances • This is to outlaw general
which would lead a reasonably discreet and warrants
prudent man to believe that an offense has
been committed and that the objects sought • Otherwise, this would place the
in connection with the offense are in the place sanctity of the domicile and the privacy of
sought to be searched. communication and correspondence at the
28
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
mercy of the whims, caprice or passion of premises as little as possible, and should carefully
peace officers. replace anything he finds necessary to remove.
e. The warrant issued must particularly describe the 12. Warrant must be direct and served in the day time
place to be searched and the persons or things to be
seized; and • Exception: if affidavit asserts that the property is
• This requirement is sufficient if the on the person or in the place ordered to be
officer to whom the warrant is directed is searched – here, warrant may be served anytime
enabled to locate the same definitely and with of the day or night.
certainty.
• The general rule prohibits search in the night
• This does not require the true legal because sometimes robberies happen, under the
description to be given in a required form pretense of searches
• The constitution requires that it be a 13. A warrant is valid for ten days from its date. After such
description which particularly points to a time, it is VOID
definitely ascertainable place, so as to exclude
all others. • A search warrant cannot be used everyday for 10
days, and for a different purpose each day –
• The description must be so particular that warrant used to seize one thing cannot be used as
the officer charged with the execution of the authority to make another search
warrant will be left with no discretion
respecting the property to be taken. • This rule is NOT APPLICABLE when the search
for a property mentioned in the warrant was not
• It may be said that the person to be completed on the day when the warrant was
searched is particularly described in the issued and had to be continued the next day
search warrant when his name is stated in the
search warrant, or if name is unknown, he is 14. Officer seizing the property under the warrant must give a
designated by words sufficient to enable the detailed receipt for the same to the lawful occupant or any
officer to identify him without difficulty member of the family or at least 2 witnesses of sufficient
age and discretion residing in the same locality.
f. The sworn statements together with the affidavits
submitted by witnesses must be attached to the 15. Officer must also deliver the property seized to the judge
record. who issued the warrant, with the true inventory, all under
oath
10. If the officer follows the command of the warrant, he is
protected, but if he exceeds the command, he is not 16. Searches incident to lawful arrest
protected by the warrant and he only assumes to act
without process • This is the most important exception to the
necessity for a search warrant
• If the officer acts within the command of his
warrant, he is protected even if the complaint is • This right includes in both instances that of
proven to have been unfounded. searching the person who is arrested, in order to
find and seize the things connected with the crime
• Obeying strictly the command of his warrant, he as its fruits or as the means by which it was
may break open outer or inner doors, and his committed
justification does not depend upon his discovering
that for which he is to make the search • Search made without a warrant cannot be
justified as an incident of arrest unless the arrest
• If officer is refused admittance to the place of itself was lawful
directed search after giving notice of his purpose
and authority, he may break open any outer or • Search must be made at the place of the arrest and
inner door or window of a house or any part of a contemporaneous with the arrest, otherwise it is
house or anything to execute the warrant or not an incident to the arrest. In other words, a
liberate himself or any person lawfully aiding him search is not incidental to the arrest unless the
when unlawfully detained therein. search is made at the place of arrest,
contemporaneously with the arrest.
• Demand is necessary prior to a breaking in of the
doors, only where some person is found in charge • The right is limited to the time and place of the
of the building to be searched. arrest
11. In searching a house, room or other premises, such shall 17. Other cases where warrantless searches and seizures are
be done in the presence of a lawful occupant or any valid
member of his family, or in the presence of at least 2
witnesses of sufficient age and discretion, residing in the • Search of moving vehicles
same locality Checkpoints are valid
(Valmonte case)
• The searching officer should also be considerate of
the premises searched; he should mar the
29
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
Warrantless search of
aircrafts as well as fishing vessels breaching 20. The Moncado Ruling, that illegally seized documents,
our fishery laws papers and things are admissible in evidence, is already
ABANDONED
• Consented search without a warrant • The exclusion of such evidence is the only
practical means of enforcing the constitutional
• Seizure of evidence in plain view injunction against unreasonable searches and
seizures.
• Enforcement of custom laws
Exception: in a dwelling • The Non-exclusionary rule is contrary to the letter
house and spirit of the prohibition against unreasonable
Vessel can be quickly searches and seizures
moved out of the locality or jurisdiction in
which the search warrant must be sought 21. Through RA No. 4200 or the Anti-Tapping Law, tapping
before such warrant could be secured of phone wires of the premises of an accused, wherein
persons accused of violation criminal laws are engaged in
• When search is based on probable cause under conversation constitutes a violation of the Constitutional
extraordinary circumstances provision on the right of the people to secure in their
persons, papers and effects.
18. Unreasonable search and seizure is such where it is not
authorized by statute, or where the conditions prescribed • RA No. 4200 was approved on 19 June 1965
by the stature have not been met
• It also penalizes other acts similar to wire-tapping.
• What constitutes a reasonable or unreasonable Some similar acts are taping or recording
search or seizure in any particular case is purely a conversations of people, by others who are not
judicial question authorized by the former to record or tape.
Preliminary injunction
Attachment
Appointment of receiver
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
31