Professional Documents
Culture Documents
Midterms Crimpro
Midterms Crimpro
prosecutor.
RULE 110
- For all other offenses,
Prosecution of Offenses
- In Manila and other chartered cities, the complaint shall
Section 1. Institution of criminal actions. be filed with the office of the prosecutor unless otherwise
provided in their charters.
Criminal actions shall be instituted as follows:
by filing the complaint with the proper officer for the Section 20. Jurisdiction in criminal cases. Regional Trial Courts
purpose of conducting the requisite preliminary shall exercise exclusive original jurisdiction in all criminal cases not within
the exclusive jurisdiction of any court, tribunal or body, except those now
investigation.
falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively taken cognizance of
- Proper officer : (Rule 112, Sec 2) by the latter.
The following may conduct preliminary Section 21. Original jurisdiction in other cases. Regional Trial
investigations: Courts shall exercise original jurisdiction:
(a) Provincial or City Prosecutors and their (1) In the issuance of writs of certiorari, prohibition, mandamus,
quo warranto, habeas corpus and injunction which may be
assistants;
enforced in any part of their respective regions; and
(b) Judges of the Municipal Trial Courts and (2) In actions affecting ambassadors and other public ministers
Municipal Circuit Trial Courts; and consuls.
(d) Other officers as may be authorized by law. Section 2. The Complaint or information.
(b) by filing the complaint or information directly with The complaint or information shall be
the Municipal Trial Courts and Municipal Circuit Trial
1. in writing, General Rule: All criminal actions either commenced by
complaint or by information shall be prosecuted under the
2. in the name of the People of the Philippines and; direction and control of a public prosecutor.
1. sworn written statement In such cases, the private prosecutor may be authorized in writing
by the following to prosecute the case subject to the approval of
2. charging a person with an offense, the court.
2.2 any peace officer, or; Once so authorized to prosecute the criminal action, the private
prosecutor shall continue to prosecute the case up to end of the
2.3 other public officer charged with the trial even in the absence of a public prosecutor,
enforcement of the law violated. (3)
- unless the authority is revoked or otherwise
Section 4. Information defined. withdrawn.
2. charging a person with an offense, The offended party cannot institute criminal prosecution
without including the guilty parties, if both alive, nor, in any
3. subscribed by the prosecutor and; case, if the offended party has consented to the offense or
pardoned the offenders.
4. filed with the court. (4a)
The offenses of seduction, abduction and acts of
Section 5. Who must prosecute criminal action. lasciviousness
1. shall not be prosecuted except upon a complaint Section 6. Sufficiency of complaint or information.
filed by
A complaint or information is sufficient if it states
1. 1. the offended party or
1. the name of the accused;
1.2. her parents,
- When an offense is committed by more than one
1.3. grandparents or guardian, person, all of them shall be included in the complaint or
information
2. shall not be prosecuted if the offender has been
expressly pardoned by any of them. 2. the designation of the offense given by the statute;
3. If the offended party dies or becomes incapacitated 3. the acts or omissions complained of as constituting the
before she can file the complaint, and she has no known parents, offense;
grandparents or guardian, the State shall initiate the criminal
action in her behalf. 4. the name of the offended party;
4. The offended party, even if a minor, has the right to 5. the approximate date of the commission of the offense;
initiate the prosecution of the offenses of seduction, abduction and and
acts of lasciviousness independently of her parents, grandparents,
or guardian, unless she is incompetent or incapable of doing so. 6. the place where the offense was committed.
5. Where the offended party, who is a minor, fails to file the Section 7. Name of the accused.
complaint, her parents, grandparents, or guardian may file the
same. The complaint or information must state
6. The right to file the action granted to parents, 1. the name and surname of the accused or
grandparents or guardian shall be exclusive of all other persons
and shall be exercised successively in the order herein provided, 2. any appellation or nickname by which he has been or
except as stated in the preceding paragraph. is known.
No criminal action for defamation which consists in the imputation 3. If his name cannot be ascertained, he must be described
of the offenses mentioned above shall be brought except at the under a fictitious name with a statement that his true name is
instance of and upon complaint filed by the offended party. (5a) unknown.
The prosecution for violation of special laws shall be governed by If the true name of the accused is thereafter disclosed by him or
the provisions thereof. (n) appears in some other manner to the court, such true name shall
be inserted in the complaint or information and record. (7a)
Section 8. Designation of the offense. 1. the offense was committed or some of the essential
ingredients occurred at some place within the jurisdiction of the
The complaint or information shall court,
1. state the designation of the offense given by the statute, 2. unless the particular place where it was committed
constitutes an essential element of the offense or is necessary
- If there is no designation of the offense, reference for its identification. (10a)
shall be made to the section or subsection of the statute
punishing it. Section 11. Date of commission of the offense.
2. aver the acts or omissions constituting the offense, General Rule: It is not necessary to state in the
complaint or information the precise date the offense was
3. and specify its qualifying and aggravating committed
circumstances.
- The offense may be alleged to have been committed on
Section 9. Cause of the accusation. a date as near as possible to the actual date of its
commission.
The acts or omissions complained of as constituting the offense
and the qualifying and aggravating circumstances must be Exception: except when it is a material ingredient of the
offense.
1. stated in ordinary and concise language and
Section 12. Name of the offended party.
2. not necessarily in the language used in the statute but
General Rule: The complaint or information must state the
3. in terms sufficient to enable a person of common
understanding 1. name and surname of the person
-to know what offense is being charged as well as its 2. or any appellation or nickname by which such person
qualifying and aggravating circumstances and for has been or is known
the court to pronounce judgment.
3. If there is no better way of identifying him, he must be
Section 10. Place of commission of the offense. described under a fictitious name.
(c) If the offended party is a juridical person, - copies of its order shall be furnished all parties, especially
the offended party
c.1 it is sufficient to state its name,
After Plea & During Trial
c.2 or any name or designation by which it is
known or by which it may be identified, without need of - a formal amendment may only
averring that it is a juridical person or that it is
organized in accordance with law. (12a) - be made with leave of court and ;
- when it can be done without causing prejudice to
Section 13. Duplicity of the offense. the rights of the accused.
General Rule: A complaint or information must charge but Any time before judgment
one offense,
- If it appears that a mistake has been made in
Exception : except when the law prescribes a single charging the proper offense, the court shall dismiss
punishment for various offenses. the original complaint or information upon the filing
of a new one charging the proper offense in accordance
Section 14. Amendment or substitution. with section 19, Rule 119, provided the accused shall
not be placed in double jeopardy.
A complaint or information may be amended,
The court may require the witnesses to give bail for their
Before Plea appearance at the trial.
2. including the place of its departure and arrival. The Office of the Ombudsman shall have the following powers,
functions and duties:
(c) Where an offense is committed on board a vessel in
the course of its voyage, (1) Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
- the criminal action shall be instituted and tried in the public officer or employee, office or agency,
court of
-when such act or omission appears to be illegal, unjust,
1. the first port of entry or improper or inefficient.
2. of any municipality or territory where the vessel - it has primary jurisdiction over cases cognizable by
passed during such voyage, the Sandiganbayan and, in the exercise of this primary
jurisdiction, it may take over, at any stage, from any
- subject to the generally accepted principles of investigatory agency of Government, the investigation of
international law. such cases;
- The Commission may avail of the assistance of other 2.2.2 under circumstances affording the offended
prosecuting arms of the government: party a reasonable opportunity to make such
reservation.
- Provided, however, That in the event that the
Commission fails to act on any complaint within four 3. institutes the civil action prior to the criminal action.
months from his filing, the complainant may file the
complaint with the office of the fiscal or with the When the offended party seeks to enforce civil liability against the
Ministry of Justice for proper investigation and accused by way of
prosecution, if warranted.
1. moral,
2. nominal,
RULE 111
3. temperate, or
Prosecution of Civil Action
4. exemplary damages
Section 1. Institution of criminal and civil actions.
without specifying the amount thereof in the complaint or
(a) information, the filing fees thereof shall constitute a first lien on
the judgment awarding such damages.
Where the amount of damages, other than actual, is specified in After the criminal action has been commenced, the separate
the complaint or information, the corresponding filing fees shall be civil action arising therefrom cannot be instituted until final
paid by the offended party upon the filing thereof in court. judgment has been entered in the criminal action.
Except as otherwise provided in these Rules, no filing fees shall be If the criminal action is filed after the said civil action has already
required for actual damages. been instituted, the latter shall be suspended in whatever stage
it may be found before judgment on the merits. The suspension
No counterclaim, cross-claim or third-party complaint may be filed shall last until final judgment is rendered in the criminal action.
by the accused in the criminal case, but any cause of action which Nevertheless, before judgment on the merits is rendered in the
could have been the subject thereof may be litigated in a separate civil action, the same may, upon motion of the offended party, be
civil action. (1a) consolidated with the criminal action in the court trying the
criminal action. In case of consolidation, the evidence already
(b) EXCEPTION: The criminal action for violation of Batas adduced in the civil action shall be deemed automatically
Pambansa Blg. 22 shall be deemed to include the reproduced in the criminal action without prejudice to the right of
corresponding civil action. No reservation to file such civil action the prosecution to cross-examine the witnesses presented by the
separately shall be allowed. offended party in the criminal case and of the parties to present
additional evidence. The consolidated criminal and civil actions
Upon filing of the aforesaid joint criminal and civil actions, the shall be tried and decided jointly.
offended party shall pay in full the filing fees based on the amount
of the check involved, which shall be considered as the actual During the pendency of the criminal action, the running of the
damages claimed. Where the complaint or information also seeks period of prescription of the civil action which cannot be
to recover liquidated, moral, nominal, temperate or exemplary instituted separately or whose proceeding has been
damages, the offended party shall pay additional filing fees based suspended shall be tolled. (n)
on the amounts alleged therein. If the amounts are not so alleged
but any of these damages are subsequently awarded by the court, The extinction of the penal action does not carry with it
the filing fees based on the amount awarded shall constitute a first extinction of the civil action. However, the civil action based on
lien on the judgment. delict shall be deemed extinguished if there is a finding in a
final judgment in the criminal action that the act or omission
Where the civil action has been filed separately and trial thereof from which the civil liability may arise did not exist. (2a)
has not yet commenced, it may be consolidated with the criminal
action upon application with the court trying the latter case. If the Section 3. When civil action may proceeded independently.
application is granted, the trial of both actions shall proceed in
accordance with section 2 of this Rule governing consolidation of In the cases provided for in Articles 32, 33, 34 and 2176 of the
the civil and criminal actions. (cir. 57-97) Civil Code of the Philippines, the independent civil action may be
brought by the offended party. It shall proceed independently of
Section 2. When separate civil action is suspended. the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover
damages twice for the same act or omission charged in the 1. in the office of the prosecutor or
criminal action. (3a)
2. the court conducting the preliminary investigation.
Section 4. Effect of death on civil actions. The death of the
accused after arraignment and during the pendency of the When the criminal action has been filed in court for trial, the
criminal action shall extinguish the civil liability arising from the petition to suspend shall be filed in the same criminal action at
delict. However, the independent civil action instituted under any time before the prosecution rests. (6a)
section 3 of this Rule or which thereafter is instituted to enforce
liability arising from other sources of obligation may be continued Section 7. Elements of prejudicial question.
against the estate or legal representative of the accused after
proper substitution or against said estate, as the case may be. The The elements of a prejudicial question are:
heirs of the accused may be substituted for the deceased without
requiring the appointment of an executor or administrator and the (a) the previously instituted civil action involves an issue
court may appoint a guardian ad litem for the minor heirs. similar or intimately related to the issue raised in the subsequent
criminal action, and
The court shall forthwith order said legal representative or
representatives to appear and be substituted within a period of (b) the resolution of such issue determines whether or
thirty (30) days from notice. not the criminal action may proceed.
A final judgment entered in favor of the offended party shall be RULE 112
enforced in the manner especially provided in these rules for
prosecuting claims against the estate of the deceased. Preliminary Investigation
If the accused dies before arraignment, the case shall be dismissed Section 1. Preliminary investigation defined; when required.
without prejudice to any civil action the offended party may file
against the estate of the deceased. (n) Preliminary investigation is
A final judgment rendered in a civil action absolving the 2. to determine whether there is sufficient ground to
defendant from civil liability is not a bar to a criminal action engender a well-founded belief that
against the defendant for the same act or omission subject of the
civil action. 2.1 a crime has been committed and
Section 6. Suspension by reason of prejudicial question. 2.2 the respondent is probably guilty thereof, and
A petition for suspension of the criminal action based upon the 2.3 should be held for trial.
pendency of a prejudicial question in a civil action may be filed
General rule: a preliminary investigation is required to be affidavits shall be subscribed and sworn to before any
conducted before the filing of a complaint or information for prosecutor or government official authorized to
an offense where the penalty prescribed by law is at least four (4) administer oath, or, in their absence or unavailability,
years, two (2) months and one (1) day without regard to the before a notary public, each of who must certify that he
fine. personally examined the affiants and that he is
satisfied that they voluntarily executed and understood
Exception: Except as provided in section 6 of this Rule their affidavits.
- Rule 112 Sec 6 - When accused lawfully arrested (b) Within ten (10) days after the filing of the
without warrant complaint, the investigating officer shall either dismiss
it if he finds no ground to continue with the investigation,
Section 2. Officers authorized to conduct preliminary or issue a subpoena to the respondent attaching to it a
investigations. copy of the complaint and its supporting affidavits and
documents.
The following may conduct preliminary investigations:
The respondent shall have the right to examine the
(a) Provincial or City Prosecutors and their assistants; evidence submitted by the complainant which he may not
have been furnished and to copy them at his expense. If the
(b) Judges of the Municipal Trial Courts and Municipal evidence is voluminous, the complainant may be required
Circuit Trial Courts; to specify those which he intends to present against the
respondent, and these shall be made available for
(c) National and Regional State Prosecutors; and examination or copying by the respondent at his expense.
(d) Other officers as may be authorized by law. Objects as evidence need not be furnished a party but shall
be made available for examination, copying, or
Their authority to conduct preliminary investigations shall photographing at the expense of the requesting party.
include all crimes cognizable by the proper court in their
respective territorial jurisdictions. (c) Within ten (10) days from receipt of the subpoena with
the complaint and supporting affidavits and documents, the
Section 3. Procedure. The preliminary investigation shall be respondent shall submit his counter-affidavit and that of
conducted in the following manner: his witnesses and other supporting documents relied upon
for his defense. The counter-affidavits shall be subscribed
(a) The complaint shall state the address of the and sworn to and certified as provided in paragraph (a) of
respondent and shall be accompanied by the affidavits this section, with copies thereof furnished by him to the
of the complainant and his witnesses, as well as other complainant. The respondent shall not be allowed to file a
supporting documents to establish probable cause. motion to dismiss in lieu of a counter-affidavit.
They shall be in such number of copies as there are
respondents, plus two (2) copies for the official file. The
(d) If the respondent cannot be subpoenaed, or if original jurisdiction. They shall act on the resolution within ten
subpoenaed, does not submit counter-affidavits within the (10) days from their receipt thereof and shall immediately inform
ten (10) day period, the investigating officer shall resolve the parties of such action.
the complaint based on the evidence presented by the
complainant. No complaint or information may be filed or dismissed by an
investigating prosecutor without the prior written authority or
(e) The investigating officer may set a hearing if there are approval of the provincial or city prosecutor or chief state
facts and issues to be clarified from a party or a witness. prosecutor or the Ombudsman or his deputy.
The parties can be present at the hearing but without the
right to examine or cross-examine. They may, however, Where the investigating prosecutor recommends the dismissal of
submit to the investigating officer questions which may be the complaint but his recommendation is disapproved by the
asked to the party or witness concerned. provincial or city prosecutor or chief state prosecutor or the
Ombudsman or his deputy on the ground that a probable cause
The hearing shall be held within ten (10) days from exists, the latter may, by himself, file the information against the
submission of the counter-affidavits and other documents respondent, or direct any other assistant prosecutor or state
or from the expiration of the period for their submission. It prosecutor to do so without conducting another preliminary
shall be terminated within five (5) days. investigation.
(f) Within ten (10) days after the investigation, the If upon petition by a proper party under such rules as the
investigating officer shall determine whether or not there is Department of Justice may prescribe or motu proprio, the
sufficient ground to hold the respondent for trial. (3a) Secretary of Justice reverses or modifies the resolution of the
provincial or city prosecutor or chief state prosecutor, he shall
Section 4. Resolution of investigating prosecutor and its review. direct the prosecutor concerned either to file the corresponding
If the investigating prosecutor finds cause to hold the respondent information without conducting another preliminary
for trial, he shall prepare the resolution and information. He shall investigation, or to dismiss or move for dismissal of the complaint
certify under oath in the information that he, or as shown by the or information with notice to the parties. The same rule shall apply
record, an authorized officer, has personally examined the in preliminary investigations conducted by the officers of the
complainant and his witnesses; that there is reasonable ground to Office of the Ombudsman. (4a)
believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the Section 5. When warrant of arrest may issue.
complaint and of the evidence submitted against him; and that he
was given an opportunity to submit controverting evidence. (a) By the Regional Trial Court.
Otherwise, he shall recommend the dismissal of the complaint.
- Within ten (10) days from the filing of the complaint or
Within five (5) days from his resolution, he shall forward the information, the judge shall personally evaluate the
record of the case to the provincial or city prosecutor or chief state resolution of the prosecutor and its supporting
prosecutor, or to the Ombudsman or his deputy in cases of evidence.
offenses cognizable by the Sandiganbayan in the exercise of its
1. He may immediately dismiss the case if the evidence 1. if the accused is already under detention pursuant
on record clearly fails to establish probable cause. to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or
2. If he finds probable cause, he shall issue
2. if the complaint or information was filed pursuant to
2.1 a warrant of arrest, or section 7 of this Rule or
2.2 a commitment order if the accused has already - Section 8. Cases not requiring a preliminary
been arrested pursuant to investigation nor covered by the Rule on Summary
Procedure
2.2.1 a warrant issued by the judge who
conducted the preliminary investigation or 3. is for an offense penalized by fine only.
2.2.2 when the complaint or information was - The court shall then proceed in the exercise of its
filed pursuant to section 7 of this Rule. original jurisdiction. (6a)
3. In case of doubt on the existence of probable Section 6. When accused lawfully arrested without warrant.
cause, the judge may order the prosecutor to present
additional evidence within five (5) days from notice and the - When a person is lawfully arrested without a warrant
issue must be resolved by the court within thirty (30) days involving an offense which requires a preliminary
from the filing of the complaint of information. investigation, the complaint or information may be filed
by a prosecutor without need of such investigation
(b) By the Municipal TriaI Court. provided an inquest has been conducted in
accordance with existing rules.
- When required pursuant to the second paragraph of
section 1 of this Rule, the preliminary investigation of - In the absence or unavailability of an inquest
cases falling under the original jurisdiction of the prosecutor, the complaint may be filed by the
Metropolitan Trial Court or Municipal Trial Court in offended party or a peace office directly with the
Cities, Municipal Trial Court or Municipal Circuit Trial proper court on the basis of the affidavit of the
Court SHALL be conducted by the prosecutor. offended party or arresting officer or person.
- The procedure for the issuance of a warrant of arrest by Before the complaint or information is filed,
the judge shall be governed by paragraph (a) of this
section. - the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must
(c) When warrant of arrest not necessary. sign a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, in the presence of his
- A warrant of arrest shall not issue counsel.
on the complaint based on the affidavits and other
- Notwithstanding the waiver, he may apply for bail and supporting documents submitted by the complainant
the investigation must be terminated within fifteen (15) within ten (10) days from its filing.
days from its inception.
(b) If filed with the Municipal Trial Court. If the complaint
After the filing of the complaint or information in court or information is filed directly with the Municipal Trial
without a preliminary investigation, Court or Municipal Circuit Trial Court for an offense
covered by this section, the procedure in section 3(a) of this
- the accused may, within five (5) days from the time he Rule shall be observed. If within ten (10) days after the
learns of its filing, ask for a preliminary investigation filing of the complaint or information, the judge finds no
with the same right to adduce evidence in his defense as probable cause after personally evaluating the evidence, or
provided in this Rule. after personally examining in writing and under oath the
complainant and his witnesses in the form of searching
Section 7. Records. question and answers, he shall dismiss the same. He may,
however, require the submission of additional evidence,
(a) Records supporting the information or complaint. An within ten (10) days from notice, to determine further the
information or complaint filed in court shall be supported by the existence of probable cause. If the judge still finds no
affidavits and counter-affidavits of the parties and their witnesses, probable cause despite the additional evidence, he shall,
together with the other supporting evidence and the resolution on within ten (10) days from its submission or expiration of
the case. said period, dismiss the case. When he finds probable
cause, he shall issue a warrant of arrest, or a commitment
(b) Record of preliminary investigation. -The record of the order if the accused had already been arrested, and hold
preliminary investigation conducted by a prosecutor OR OTHER him for trial. However, if the judge is satisfied that there is
OFFICERS AS MAY BE AUTHORIZED BY LAW shall not form part of no necessity for placing the accused under custody, he may
the record of the case. However, the court, on its own initiative or issue summons instead of a warrant of arrest. (9a)
on motion of any party, may order the production of the record or
any of its part when necessary in the resolution of the case or any RULE 113
incident therein, or when it is to be introduced as an evidence in
the case by the requesting party. (8a) Arrest
Section 8. Cases not requiring a preliminary investigation nor Section 1. Definition of arrest.
covered by the Rule on Summary Procedure.
Arrest is the taking of a person into custody in order that he may
(a) If filed with the prosecutor. If the complaint is filed be bound to answer for the commission of an offense. (1)
directly with the prosecutor involving an offense
punishable by imprisonment of less four (4) years, two (2) Section 2. Arrest; how made.
months and one (1) day, the procedure outlined in section
3(a) of this Rule shall be observed. The prosecutor shall act An arrest is made by
1. an actual restraint of a person to be arrested, or (a) When, in his presence, the person to be arrested has
- The person arrested shall not be subject to a greater (b) When an offense has just been committed, and he has
restraint than is necessary for his detention. probable cause to believe based on personal knowledge
of facts or circumstances that the person to be arrested
Section 3. Duty of arresting officer. has committed it; and
It shall be the duty of the officer executing the warrant (c) When the person to be arrested is a prisoner who has
escaped from
1. to arrest the accused and
1. a penal establishment or
2. to deliver him to the nearest police station or jail
without unnecessary delay. 2. lace where he is serving final judgment or
- Within ten (10) days after the expiration of the period, In cases falling under paragraph (a) and (b) above, the person
the officer to whom it was assigned for execution shall arrested without a warrant
make a report to the judge who issued the warrant.
1. shall be forthwith delivered to the nearest police
- In case of his failure to execute the warrant, he shall station or jail and
state the reasons therefor.
2. shall be proceeded against in accordance with section 8
Section 5. Arrest without warrant; when lawful. of Rule 112.
A peace officer or a private person may, without a warrant, arrest - Section 8. Method of arrest by officer without
a person: warrant
Section 6. Time of making arrest. Exceptions : unless the latter is either engaged
An arrest may be made on any day and at any time of the day or 1. in the commission of an offense,
night.
2. is pursued immediately after its commission,
Section 7. Method of arrest by officer by virtue of warrant.
3. has escaped,
When making an arrest by virtue of a warrant, the officer shall
inform 4. flees or
1. the person to be arrested of the cause of the arrest and 5. forcibly resists before the officer has opportunity so to
inform him, or
2. of the fact that a warrant has been issued for his arrest,
6. when the giving of such information will imperil the
3. except arrest.
3.1 when he flees or forcibly resists before the Section 9. Method of arrest by private person.
officer has opportunity to so inform him, or
General Rule: When making an arrest, a private person shall
3.2 when the giving of such information will imperil inform the person to be arrested of
the arrest.
1. the intention to arrest him and
The officer need not have the warrant in his possession at the time
of the arrest 2. cause of the arrest,
- but after the arrest, if the person arrested so requires, Exception: unless the latter is either engaged
the warrant shall be shown to him as soon as
practicable. 1. in the commission of an offense,
Section 8. Method of arrest by officer without warrant. 2. is pursued immediately after its commission,
General rule: When making an arrest without a warrant, the 3. has escaped,
officer shall inform the person to be arrested
4. flees or
1. of his authority and
5. forcibly resists before the officer has opportunity so to
2. the cause of the arrest, inform him, or
6. when the giving of such information will imperil the Section 14. Right of attorney or relative to visit person arrested.
arrest.
at the request of the person arrested or of another acting in his
behalf, have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour of the
Section 10. Officer may summon assistance. day or night.
An officer making a lawful arrest may orally summon as many 1. Any member of the Philippine Bar
persons as he deems necessary to assist him in effecting the arrest.
2. Subject to reasonable regulations, a relative of the
- Every person so summoned by an officer shall assist person arrested can also exercise the same right. (14a)
him in effecting the arrest when he can render such
assistance without detriment to himself. (10a) Immunity from Arrest
Section 11. Right of officer to break into building or enclosure. VIENNA CONVENTION ON DIPLOMATIC RELATIONS, ARTICLE
31.
An officer, in order to make an arrest either by virtue of a warrant,
or without a warrant as provided in section 5, 1. A diplomatic agent shall enjoy immunity from the criminal
jurisdiction of the receiving State. He shall also enjoy immunity
1. may break into any building or enclosure where the from its civil and administrative jurisdiction, except in the case of:
person to be arrested is or is reasonably believed to be,
(a) a real action relating to private immovable property
2. if he is refused admittance thereto, situated in the territory of the receiving State, unless he holds it on
behalf of the sending State for the purposes of the mission;
3. after announcing his authority and purpose.
(b) an action relating to succession in which the diplomatic
Section 12. Right to break out from building or enclosure. agent is involved as executor, administrator, heir or legatee as a
private person and not on behalf of the sending State;
Whenever an officer has entered the building or enclosure in
accordance with the preceding section, he may break out (c) an action relating to any professional or commercial
therefrom when necessary to liberate himself. activity exercised by the diplomatic agent in the receiving State
outside his official functions.
Section 13. Arrest after escape or rescue.
2. A diplomatic agent is not obliged to give evidence as a witness.
If a person lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a warrant at 3. No measures of execution may be taken in respect of a
any time and in any place within the Philippines. (13) diplomatic agent except in the cases coming under sub-paragraphs
(a), (b) and (c) of paragraph 1 of this
privileges and immunities only to the extent admitted by the
Article, and provided that the measures concerned can be taken receiving
without infringing the inviolability of his person or of his State. However, the receiving State must exercise its jurisdiction
residence. over those persons in such a manner as not to interfere unduly
with the performance of the functions of the mission.
4. The immunity of a diplomatic agent from the jurisdiction of the
receiving State does not exempt him from the jurisdiction of the VIENNA CONVENTION PROVISIONS SUMMARY (FROM C2016):
sending State. Diplomatic agents are generally immune from arrest, as they are
not covered by the Philippines criminal jurisdiction. They are,
VIENNA CONVENTION ON DIPLOMATIC RELATIONS, ARTICLE however, subject to the jurisdiction of the state they represent.
37. (Art 31) Their families and those in his household, administrative
and technical staff likewise enjoy this immunity if they are not
1. The members of the family of a diplomatic agent forming part of Filipino citizens. (Art 37)
his household shall, if they are not nationals of the receiving State,
enjoy the privileges and immunities specified in Articles 29 to 36. VFA Article V Criminal Jurisdiction
2. Members of the administrative and technical staff of the 1. Subject to the provisions of this article:
mission, together with members of their families forming part of
their respective households, shall, if they are not nationals of or (a) Philippine authorities shall have jurisdiction over
permanently resident in the receiving State, enjoy the privileges United States personnel with respect to offenses committed
and immunities specified in Articles 29 to 35, except that the within the Philippines and punishable under the law of the
immunity from civil and administrative jurisdiction of the Philippines.
receiving State specified in paragraph 1 of Article 31 shall not
extend to acts performed outside the course of their duties. They (b) United States military authorities shall have the right to
shall also enjoy the privileges specified in Article 36, paragraph 1, exercise within the Philippines all criminal and disciplinary
in respect of articles imported at the time of first installation. jurisdiction conferred on them by the military law of the
United States over United States personnel in the
3. Members of the service staff of the mission who are not Philippines.
nationals of or permanently resident in the receiving State shall
enjoy immunity in respect of acts performed in the course of their 2. (a) Philippine authorities exercise exclusive jurisdiction over
duties, exemption from dues and taxes on the emoluments they United States personnel with respect to offenses, including
receive by reason of their employment and the exemption offenses relating to the security of the Philippines, punishable
contained in Article 33. under the laws of the Philippines, but not under the laws of the
United States.
4. Private servants of members of the mission shall, if they are not
nationals of or permanently resident in the receiving State, be (b) United States authorities exercise exclusive jurisdiction over
exempt from dues and taxes on the emoluments they receive by United States personnel with respect to offenses, including
reason of their employment. In other respects, they may enjoy offenses relating to the security of the United States, punishable
under the laws of the United States, but not under the laws of the cases of particular importance to the Philippines. If the
Philippines. Government of the Philippines determines that the case is of
particular importance, it shall communicate such determination to
(c) For the purposes of this paragraph and paragraph 3 of this the United States authorities within twenty (20) days after the
article, an offense relating to security means: Philippine authorities receive the United States request.
(1) treason; (e) When the United States military commander determines that
an offense charged by authorities of the Philippines against United
(2) sabotage, espionage or violation of any law relating to States personnel arises out of an act or omission done in the
national defense. performance of official duty, the commander will issue a certificate
setting forth such determination. This certificate will be
3. In cases where the right to exercise jurisdiction is concurrent, transmitted to the appropriate authorities of the Philippines and
the following rules shall apply: will constitute sufficient proof of performance of official duty for
the purposes of paragraph 3(b)(2) of this article. In those cases
(a) Philippine authorities shall have the primary right to exercise where the Government of the Philippines believes the
jurisdiction over all offenses committed by United States circumstances of the case require a review of the duty certificate,
personnel, except in cases provided for in paragraphs l (b), 2 (b), United States military authorities and Philippine authorities shall
and 3 (b) of this Article. consult immediately. Philippine authorities at the highest levels
may also present any information bearing on its validity. United
(b) United States military authorities shall have the primary right States military authorities shall take full account of the Philippine
to exercise jurisdiction over United States personnel subject to the position. Where appropriate, United States military authorities
military law of the United States in relation to: will take disciplinary or other action against offenders in official
duty cases, and notify the Government of the Philippines of the
(1) offenses solely against the property or security of the actions taken.
United States or offenses solely against the property or
person of United States personnel; and (f) If the government having the primary right does not exercise
jurisdiction, it shall notify the authorities of the other government
(2) offenses arising out of any act or omission done in as soon as possible.
performance of official duty.
(g) The authorities of the Philippines and the United States shall
(c) The authorities of either government may request the notify each other of the disposition of all cases in which both the
authorities of the other government to waive their primary right authorities of the Philippines and the United States have the right
to exercise jurisdiction in a particular case. to exercise jurisdiction.
(d) Recognizing the responsibility of the United States military 4. Within the scope of their legal competence, the authorities of the
authorities to maintain good order and discipline among their Philippines and the United States shall assist each other in the
forces, Philippine authorities will, upon request by the United arrest of United States personnel in the Philippines and in handing
States, waive their primary right to exercise jurisdiction except in
them over to authorities who are to exercise jurisdiction in 8. When United States personnel have been tried in accordance
accordance with the provisions of this article. with the provisions of this article and have been acquitted or have
been convicted and are serving, or have served their sentence, or
5. United States military authorities shall promptly notify have had their sentence remitted or suspended, or have been
Philippine authorities of the arrest or detention of United States pardoned, they may not be tried again for the same offense in the
personnel who are subject to Philippine primary or exclusive Philippines. Nothing in this paragraph, however, shall prevent
jurisdiction. Philippine authorities shall promptly notify United United States military authorities from trying United States
States military authorities of the arrest or detention of any United personnel for any violation of rules of discipline arising from the
States personnel. act or omission which constituted an offense for which they were
tried by Philippine authorities.
6. The custody of any United States personnel over whom the
Philippines is to exercise jurisdiction shall immediately reside 9. When United States personnel are detained, taken into custody,
with United States military authorities, if they so request, from the or prosecuted by Philippine authorities, they shall be accorded all
commission of the offense until completion of all judicial procedural safeguards established by the law of the Philippines. At
proceedings. United States military authorities shall, upon formal the minimum, United States personnel shall be entitled:
notification by the Philippine authorities and without delay, make
such personnel available to those authorities in time for any (a) To a prompt and speedy trial;
investigative or judicial proceedings relating to the offense with
which the person has been charged. In extraordinary cases, the (b) To be informed in advance of trial of the specific charge
Philippine Government shall present its position to the United or charges made against them and to have reasonable time
States Government regarding custody, which the United States to prepare a defense;
Government shall take into full account. In the event Philippine
judicial proceedings are not completed within one year, the United (c) To be confronted with witnesses against them and to
States shall be relieved of any obligations under this paragraph. cross examine such witnesses;
The one year period will not include the time necessary to appeal.
Also, the one year period will not include any time during which (d) To present evidence in their defense and to have
scheduled trial procedures are delayed because United States compulsory process for obtaining witnesses;
authorities, after timely notification by Philippine authorities to
arrange for the presence of the accused, fail to do so. (e) To have free and assisted legal representation of their
own choice on the same basis as nationals of the
7. Within the scope of their legal authority, United States and Philippines;
Philippine authorities shall assist each other in the carrying out of
all necessary investigations into offenses and shall cooperate in (f) To have the services of a competent interpreter;
providing for the attendance of witnesses and in the collection and
production of evidence, including seizure and, in proper cases, the (g) To communicate promptly with and to be visited
delivery of objects connected with an offense. regularly by United States authorities, and to have such
authorities present at all judicial proceedings. These
proceedings shall be public unless the court, in accordance
with Philippine law, excludes persons who have no role in 4.2 bring it before the court. (1)
the proceedings.
Section 2. Court where application for search warrant shall be filed.
10. The confinement or detention by Philippine authorities of
United States personnel shall be carried out in facilities agreed on
by appropriate Philippine and United States authorities. United An application for search warrant shall be filed with the following:
States personnel serving sentences in the Philippines shall have
the right to visits and material assistance. a) Any court within whose territorial jurisdiction a
crime was committed.
11. United States personnel shall be subject to trial only in
Philippine courts of ordinary jurisdiction, and shall not be subject b) For compelling reasons stated in the application,
to the jurisdiction of Philippine military or religious courts.
1. any court within the judicial region where the
VFA PROVISIONS SUMMARY (FROM C2016): The Philippine crime was committed if the place of the commission of the
government has exclusive jurisdiction over US military personnel crime is known, or
who commit offenses within our jurisdiction and punishable under
our laws but not under US laws. For offenses punishable under 2. any court within the judicial region where the
both, Philippine and US jurisdiction, Par. 3 of Art. VI of the VFA warrant shall be enforced.
provides for who shall exercise primary jurisdiction
(c) However, if the criminal action has already been filed, the
RULE 126 application shall only be made in the court where the criminal
action is pending. (n)
Search and Seizure
Section 3. Personal property to be seized.
Section 1. Search warrant defined.
A search warrant may be issued for the search and seizure of
A search warrant is personal property:
2. issued in the name of the People of the Philippines, (b) Stolen or embezzled and other proceeds, or fruits of the
offense; or
3. signed by a judge and
(c) Used or intended to be used as the means of committing
4. directed to a peace officer, commanding him an offense. (2a)
4.1 to search for personal property described Section 4. Requisites for issuing search warrant.
therein and
A search warrant shall not issue except upon probable cause in 2. that there is probable cause to believe that they exist,
connection
- Then, he shall issue the warrant, which must be substantially in
1. with one specific offense the form prescribed by these Rules.
2. to be determined personally by the judge after Section 7. Right to break door or window to effect search.
examination under oath or affirmation
The officer, if refused admittance to the place of directed search
2.1 of the complainant and after giving notice of his purpose and authority, may break open
any outer or inner door or window of a house or any part of a
2.2 the witnesses he may produce, and house or anything therein
1. personally examine in the form of searching - No search of a house, room, or any other premise shall
questions and answers, be made except
2. in writing and under oath, 1. in the presence of the lawful occupant thereof or
3. the complainant and the witnesses he may produce 2. any member of his family or
on facts personally known to them and
3. in the absence of the latter, two witnesses of
4. attach to the record their sworn statements, sufficient age and discretion residing in the same
locality. (7a)
5. together with the affidavits submitted. (4a)
Section 9. Time of making search.
Section 6. Issuance and form of search warrant.
General rule: The warrant must direct that it be served in the day
If the judge time,
1. is satisfied of the existence of facts upon which the Exception: unless the affidavit asserts that the property is on the
application is based or person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day - If the return has been made, the judge shall ascertain
or night. (8) whether section 11 of this Rule has been complained with
and shall require that the property seized be delivered to
Section 10. Validity of search warrant. him.
- A search warrant shall be valid for ten (10) days from - The judge shall see to it that subsection (a) hereof has
its date. been complied with.
- Thereafter it shall be void. (9a) (c) The return on the search warrant shall be filed and kept by the
custodian of the log book on search warrants who shall enter
therein the date of the return, the result, and other actions of the
Section 11. Receipt for the property seized. judge.
The officer seizing property under the warrant must give a A violation of this section shall constitute contempt of court.(11a)
detailed receipt for the same
Section 13. Search incident to lawful arrest.
1. to the lawful occupant of the premises in whose presence
the search and seizure were made, or A person lawfully arrested may be searched for dangerous
weapons or anything which may have been
2. in the absence of such occupant, must, in the presence of
at least two witnesses of sufficient age and discretion residing in 1. used or
the same locality,
2. constitute proof in the commission of an offense without
a search warrant. (12a)
leave a receipt in the place in which he found the seized property.
(10a) Section 14. Motion to quash a search warrant or to suppress
evidence; where to file.
Section 12. Delivery of property and inventory thereof to
court; return and proceedings thereon. A motion to quash a search warrant and/or to suppress evidence
obtained thereby may be filed in and acted upon only by the court
(a) The officer must forthwith deliver the property seized to the where the action has been instituted.
judge who issued the warrant, together with a true inventory
thereof duly verified under oath. - If no criminal action has been instituted, the motion
may be filed in and resolved by the court that issued the
(b) Ten (10) days after issuance of the search warrant, the issuing search warrant.
judge shall ascertain if the return has been made, and if none, shall
summon the person to whom the warrant was issued and require
him to explain why no return was made.
- However, if such court failed to resolve the motion and (f) That more than one offense is charged except when a
a criminal case is subsequent filed in another court, the single punishment for various offenses is prescribed by
motion shall be resolved by the latter court. law;
(c) That the court trying the case has no jurisdiction over Section 5. Effect of sustaining the motion to quash. If the motion
the person of the accused; to quash is sustained, the court may order that another complaint
or information be filed except as provided in section 6 of this rule.
(d) That the officer who filed the information had no If the order is made, the accused, if in custody, shall not be
authority to do so; discharged unless admitted to bail. If no order is made or if having
been made, no new information is filed within the time specified in
(e) That it does not conform substantially to the prescribed the order or within such further time as the court may allow for
form; good cause, the accused, if in custody, shall be discharged unless
he is also in custody for another charge. (5a)
Section 6. Order sustaining the motion to quash not a bar to In any of the foregoing cases, where the accused satisfies or serves
another prosecution; exception. An order sustaining the motion in whole or in part the judgment, he shall be credited with the
to quash is not a bar to another prosecution for the same offense same in the event of conviction for the graver offense. (7a)
unless the motion was based on the grounds specified in section 3
(g) and (i) of this Rule. (6a) Section 8. Provisional dismissal. A case shall not be
provisionally dismissed except with the express consent of the
Section 7. Former conviction or acquittal; double jeopardy. accused and with notice to the offended party.
When an accused has been convicted or acquitted, or the case
against him dismissed or otherwise terminated without his The provisional dismissal of offenses punishable by imprisonment
express consent by a court of competent jurisdiction, upon a valid not exceeding six (6) years or a fine of any amount, or both, shall
complaint or information or other formal charge sufficient in form become permanent one (1) year after issuance of the order
and substance to sustain a conviction and after the accused had without the case having been revived. With respect to offenses
pleaded to the charge, the conviction or acquittal of the accused or punishable by imprisonment of more than six (6) years, their
the dismissal of the case shall be a bar to another prosecution for provisional dismissal shall become permanent two (2) years after
the offense charged, or for any attempt to commit the same or issuance of the order without the case having been revived. (n)
frustration thereof, or for any offense which necessarily includes
or is necessarily included in the offense charged in the former Section 9. Failure to move to quash or to allege any ground
complaint or information. therefor. The failure of the accused to assert any ground of a
motion to quash before he pleads to the complaint or information,
However, the conviction of the accused shall not be a bar to either because he did not file a motion to quash or failed to allege
another prosecution for an offense which necessarily includes the the same in said motion, shall be deemed a waiver of any
offense charged in the former complaint or information under any objections based on the grounds provided for in paragraphs (a),
of the following instances: (b), (g), and (i) of section 3 of this Rule. (8)
(b) the facts constituting the graver charge became known Provisional Remedies in Criminal Cases
or were discovered only after a plea was entered in the
former complaint or information; or Section 1. Availability of provisional remedies. The provisional
remedies in civil actions, insofar as they are applicable, may be
(c) the plea of guilty to the lesser offense was made without availed of in connection with the civil action deemed instituted
the consent of the prosecutor and of the offended party with the criminal action. (1a)
except as provided in section 1 (f) of Rule 116.
Section 2. Attachment. When the civil action is properly
instituted in the criminal action as provided in Rule 111, the
offended party may have the property of the accused attached as
security for the satisfaction of any judgment that may be
recovered from the accused in the following cases: