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Rule 110 - Prosecution of Offenses: Criminal Procedure
Rule 110 - Prosecution of Offenses: Criminal Procedure
ordinance Court
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What is a
complaint? • For public crimes: any
• Katarungang Pambarangay Law: filing of the complaint before Rule 110, Section 3 defines a
complaint as a competent person
the Punong Barangay shall interrupt the prescriptive period but 1. Sworn written statement
in no case shall the interruption exceed 60 days from the filing 2. Charging a person with an
• For private crimes: the
of the complaint offense offended party only
3. Must be subscribed by:
• Adultery, Concubinage, Seduction, Abduction, Acts
a. The offended party,
of Lasciviousness, and Defamation consisting of the
• Prescription is interrupted even when the court has no b. Any peace officer, or Imputation of the above offenses
c. Other public officer charged with
jurisdiction the enforcement of the law
violated
• After the case has been filed in court, any pardon made by
the private complainant (sworn statement or in open court) Exception: Private prosecutors may take the lead if the public prosecutor
cannot extinguish criminal liability has a heavy workload or there is lack of public prosecutors
(See People v. Dela Cerna, G.R. 136899-904, 2002)
SUBSTANTIAL
Place of arrival
Other alternative venues for institution of Other alternative venues for institution of
an action an action
Rule 111 - Prosecution of Civil Action 45 Rule 111 - Prosecution of Civil Action 46
• The purpose of administrative proceedings is to protect public service in the criminal action
while the purpose of criminal prosecution is punishment of the crime 3. Resolution of the issue in the civil case is determinative of the guilt
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Rule 111 - Prosecution of Civil Action 47 Rule 111 - Prosecution of Civil Action 48
No prejudicial question in independent 2nd Element: Both cases involve the
civil actions same issues
• Both civil and criminal cases must have similar issues or the
• There is no prejudicial question if the civil and the criminal issue in one is intimately related to the issues raised in the
action can, according to law, proceed independently of other.
each other.
• The civil case must involve the same facts upon which the
(See Samson v. Daway, G.R. Nos. 160054-55, 2004) criminal prosecution would be based.
Rule 111 - Prosecution of Civil Action 49 Rule 111 - Prosecution of Civil Action 50
3rd Element: Civil case is determinative of the Civil action to declare construction agreement
guilt of the accused in the criminal case void is NOT determinative of the guilt of the
accused in a BP 22 case
• The resolution of the issues raised in the civil action would be
necessarily determinative of the guilt or innocence of the • The civil case is not determinative of the guilt of the accused in the criminal
accused. case.
• If the resolution of the issue in the civil action will not determine the • If private respondent indeed issued checks which were subsequently
criminal responsibility of the accused in the criminal action based on dishonored for insufficient funds, it is this fact that is subject of prosecution
the same facts, or there is no necessity that the civil case be under BP 22.
determined first before taking up the criminal case, therefore, the civil
case does not involve a prejudicial question (See Dreamwork Construction v. Janiola, G.R. No. 184861, 2009)
Rule 111 - Prosecution of Civil Action 51 Rule 111 - Prosecution of Civil Action 52
Judgment in civil actions impliedly
• Civil action for injunction where the issue is whether accused instituted with the criminal action
acted as agent of his mother and civil action for damages is not
determinative of the guilt of the accused for estafa. (See People • The rule expressly imposes upon the courts the duty of entering
v. Consing, G.R. 148193, 2003)
judgment with respect to the civil liability arising from the
• Civil case for accounting of investments of a corporation and of offense, if no reservation has been made to ventilate it in a
another corporation’s alleged loan obligations is not separate action. (See Corpuz v. Siapno A.M. MTJ-96,-1106,
determinative for falsification. (See Reyes v. Pearlbank
Securities, G.R. 171435, 2008) 2003)
Rule 111 - Prosecution of Civil Action 53 Rule 111 - Prosecution of Civil Action 54
[
civil aspect of the case , (See Salazar v. People, G.R. judgment terminates his and prior to the finality of estate of the accused or
criminal liability and only conviction extinguished his administrator or
151931, 2003) the civil liability directly
arising from and based his criminal and civil executor
solely on the offense liabilities arising from the
a
g grieved party Ioffended committed, i.e., civil delict or crime.
liability ex delicto in (See People v. Abugan,
senso strictiore.”
G.R. 136843, 2000; Datu
(See ABS-CBN v. Omb, G.R. v. People, G.R. 169718,
133347, 2008)
2010)
Rule 111 - Prosecution of Civil Action 55 Rule 111 - Prosecution of Civil Action 56
Preliminary Investigation
A preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender a well-
Rule 112 – Preliminary founded belief that a crime has been committed and the
respondent is probably guilty thereof and should be held for trial
Investigation (Sec. 1, Rule 112)
2. National and Regional State Prosecutors • Secretary of Justice may reverse or modify the resolution
of the prosecutor (Baltazar v. People, G.R. 174016, 2008)
3. Other officers as may be authorized by law
• Other officers as may be authorized – COMELEC,
Ombudsman, PCGG
Preliminary
Preliminary Investigation Inquiry/Examination Procedure in Preliminary Investigation
• Ascertains whether the offended should • Determines probable cause for the
be held for trial or released issuance of warrant of arrest
• Function of the prosecutor • Made by the Judge
Form of complaint in preliminary investigation
• (Under Section 1, Rule 112) the • Primary task of the presiding judge is to
investigating prosecutor is tasked to determine existence or non-existence of
determine whether there is sufficient probable cause for the arrest of the • Unlike a complaint or information for instituting the criminal
ground to engender a well-founded belief accused (Probable cause – offense proceeding, a complaint in a preliminary investigation need not
that a crime has been committed and the charged in the information has been be contained in a single document.
accused is probably guilty thereof committed and has been committed by
• If investigating prosecutor finds probable the person sought to be arrested)
cause, he executes a certification at the • Affidavits and documents submitted by the • Affidavit of the complainant is only a component of the
bottom of the information to that effect,
prosecutor, report, TSNs will be material in the
determination of the same complaint
but the same is not binding on the trial
court • Probable cause demands more than
suspicion, it requires less than evidence
which would justify conviction.
(See Baltazar v. People, G.R. 174016, 2008)
Rule 112 - Preliminary Investigation 67 Rule 112 - Preliminary Investigation 68
Initial action by the Investigating
• There are cases where the extent of one’s personal knowledge may
not cover the entire gamut of details material to the alleged offense Prosecutor on the Complaint filed
• Complaint for PI need not be filed by the offended party, unless
the offense is one which cannot be prosecuted de oficio 1. Within O
10 days from the receipt of the complaint by the
prosecutor, Prosecutor shall:
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• Must be terminated within the period prescribed under Article • No warrant of arrest shall issue except upon probable cause
125 of the RPC (counted from time of arrest) “to be determined personally by the judge after examination
under oath or affirmation of the complainant and the
• 12 hours – light offenses witnesses he may produce.”
• 18 hours – less grave offenses • Constitutional provision does not require the judge to personally
examine the complainant and his witnesses, but may opt to
• 36 hours – grave offenses personally evaluate the report and supporting documents (See AAA
v. Carbonell, G.R. 171465, 2007)
Forms of bail
Property Bond
Undertaking constituted as lien on the real property given as
Corporate Surety security for the amount of bail (Rule 114, Section 11)
Bail furnished by a corporation(Rule 114, Section 10)
Accused him
3. To be present and defend in person and by counsel at every stage
of the proceedings
4. To testify as witness in his own behalf subject to cross-examination
on matters covered by the direct examination
117 Rule 115 - Rights of the Accused 118
Presumption of innocence
5. To be exempt from being compelled to be a witness against
himself • Presumption of innocence imposes upon the People the burden
6. To confront and cross-examine the witnesses against him at the of proving beyond reasonable doubt the elements of the crime
trial
and the identity of the accused as the criminal
7. To have compulsory process issued to secure the attendance of • Presumption of innocence prevails over the presumption of
witnesses and production of evidence in his behalf regularity in the performance of official duty (See People v. Sy,
590 SCRA 511)
8. To have speedy, impartial, and public trial
• Presumption of regularity obtains only when there is no deviation from
9. To appeal in all cases allowed and in the manner prescribed by law the regular performance of duty (See People v. Alejandro, 655 SCRA
279)
Rule 115 - Rights of the Accused 119 Rule 115 - Rights of the Accused 120
“Proof beyond reasonable doubt”
Equipoise rule
• Does not mean such a degree of proof as, excluding the
possibility of error, produces absolute certainty
• When the evidence is evenly balanced, constitutional
• What is required is moral certainty, or that degree of proof presumption of innocence tips the scale in favor of acquittal
which produces conviction in an unprejudiced mind
• When there is reasonable doubt, acquittal must follow
Rule 115 - Rights of the Accused 121 Rule 115 - Rights of the Accused 122
Rule 115 - Rights of the Accused 123 Rule 115 - Rights of the Accused 124
Rule on variance
• If the circumstances alleged in the information vary from those
proven in trial, the appreciation of the same would be
dependent on whether the information/circumstance is • Failure of the information to identify the subject of the
material to the crime
offense deprives the accused of the right to be informed of
• BP 22 – variance in the check number is material to the conviction of the nature of the offense being charged.
the accused
• When carnapping is alleged in the information but it was proven that it
was made with violence against, or intimidation of, any person, or force
upon things, the qualifying circumstance cannot be appreciated
because it was not alleged in the information and would violate the
right to be informed of the accused
Rule 115 - Rights of the Accused 125 Rule 115 - Rights of the Accused 126
Right to counsel
• Purpose of the rule is to curb police-state practice of
• Every person under the custody of the law enjoys the right, and
not only those who are already accused
extracting a confession that leads suspects to make
self-incriminating statements
• Every person under investigation for an offense has the right to have a
competent and independent counsel preferably of his own choice • Confession in writing without aid of counsel and which is
then sought to be admitted against the accused during trial
• Included is the right to be informed of his right to counsel
is inadmissible
Rule 115 - Rights of the Accused 127 Rule 115 - Rights of the Accused 128
When does the right to counsel attach?
• An amicable settlement between the parties would abort the
• Preliminary Investigation
custodial investigation or inquiry on the crime (See Aquino v.
• Arrest Paiste, G.R. 147782, 2008)
• Custodial Investigation
• Arraignment to rendition of judgment • By settling amicably, accused waives her right to counsel
despite the recital of her constitutional rights by the police in the
• Appeal presence of a lawyer
• Not mandatory in administrative investigations
(See People v. Serzo, G.R. 118435, 1997)
Rule 115 - Rights of the Accused 129 Rule 115 - Rights of the Accused 130
• Process has not yet shifted from investigatory to the • The right to counsel may be waived but to ensure that the
accusatory and it’s the complainant who is interrogated and waiver is voluntary and intelligent the waiver must be made
who gives the statement during the line-up
1. In writing
• Police line-up is not the starting point of custodial
investigation 2. In the presence of the counsel of the accused
Rule 115 - Rights of the Accused 131 Rule 115 - Rights of the Accused 132
Custodial investigation
• Custodial investigation refers to the critical pre-trial stage
when investigation is no longer a general inquiry into
• Any questioning initiated by law enforcement authorities the crime but focuses on a particular person as a suspect
after a person is taken into custody or otherwise deprived of
his freedom of action in any significant manner • RA 7438 reinforced the constitutional mandate protecting the rights of
the persons under custodial investigation
• Includes police investigations and INVITATIONS FOR
• Issuing an invitation to a person who is investigated in connection with an
QUESTIONING offense he is suspected to have committed is included in the definition of
custodial investigation (See Lumanog v. People, G.R. 182555, 2010)
Rule 115 - Rights of the Accused 133 Rule 115 - Rights of the Accused 134
Rule 115 - Rights of the Accused 135 Rule 115 - Rights of the Accused 136
Four Factors
• “Fixed-time period” approach – Constitution requires a criminal
defendant to be offered a trial within a specified period
• Length of Delay: triggering mechanism, until there is some
• “Demand waiver rule” – defendant waives any consideration of delay which is presumptively prejudicial, there is no necessity
his right to speedy trial for any period to which he has not for the inquiry
demanded trial
• Prior demand as a necessary consideration of the right to speedy trial
• Reason for the delay: the reason of the government for such
• “Balancing test” – compels courts to approach speedy trial
delay
cases on an ad hoc basis
Rule 115 - Rights of the Accused 137 Rule 115 - Rights of the Accused 138
Rule 115 - Rights of the Accused 139 Rule 115 - Rights of the Accused 140
Motion to reopen the case
• It is consistent with delays and depends upon the
circumstances. What the Constitution prohibits are • Section 24, Rule 119 and existing jurisprudence stress the
unreasonable, arbitrary and oppressive delays, which render
following requirements for reopening a case: (1) the reopening
rights nugatory.
must be before the finality of a judgment of conviction; (2) the
• A mere mathematical reckoning of the time involved would not order is issued by the judge on his own initiative or upon
be sufficient motion; (3) the order is issued only after a hearing is conducted;
• Particular regard must be taken of the facts and circumstances peculiar (4) the order intends to prevent a miscarriage of justice; and (5)
to each case the presentation of additional and/or further evidence should be
terminated within thirty days from the issuance of the order.
Rule 115 - Rights of the Accused 141 Rule 115 - Rights of the Accused 142
(See Cabarles v. Maceda, G.R. 161330, 2007) • Privilege includes testimonial compulsion or compelled
testimony of a communicative nature
• It does not apply where the evidence sought to be excluded is not an
incriminating statement but an object evidence
Rule 115 - Rights of the Accused 143 Rule 115 - Rights of the Accused 144
• Forced re-enactments are writing exemplars or samples are
• Protects against any disclosures that the witness reasonably
incriminatory in nature
believes could be used in a criminal prosecution or could lead to
• Right is accorded to every person who gives evidence other evidence that might be so used
• Whether voluntarily or under compulsion of subpoena • The right is not self-executing and must be claimed
• Attaches in any civil, criminal, or administrative proceeding • Right may be waived, if the accused testified in his own behalf,
he is subject to cross-examination on matters covered by the
• Can be asserted in any proceeding, civil or criminal, direct examination
administrative or judicial, investigatory or adjudicatory
Rule 115 - Rights of the Accused 145 Rule 115 - Rights of the Accused 146
Rule 115 - Rights of the Accused 147 Rule 115 - Rights of the Accused 148
Arraignment
• If there is a flaw in the arraignment:
Rule 116 - Arraignment and Plea 151 Rule 116 - Arraignment and Plea 152
Duty of the court before arraignment
1. Inform the accused of his right to counsel
• During arraignment, accused is, for the first time, given 2. Ask him if he desires to have one
the opportunity to know the precise charge that 3. Assign a counsel de oficio to defend him UNLESS the
accused is:
confronts him
a. Allowed to defend himself in person; or
b. Employed a counsel of his choice
• Duty of the court Is mandatory
• Judge has the duty to protect the rights of the accused, even
against their wishes, when it’s clear that he is not in a position
to validly exercise or waive his rights
Rule 116 - Arraignment and Plea 153 Rule 116 - Arraignment and Plea 154
Rule 116 - Arraignment and Plea 155 Rule 116 - Arraignment and Plea 156
Why is the presence of the offended
Arraignment after submission for decision party necessary
• An arraignment may be made after a case has been submitted 1. Plea bargaining
for decision
2. Determination of civil liability
• Jurisdiction over the person of the accused is acquired upon his arrest
or voluntary surrender and not because of his arraignment 3. Other matters requiring his presence
• Absence of the offended party despite due notice gives the trial
court the power to allow the accused to plea bargain with the
conformity of the trial prosecutor
Rule 116 - Arraignment and Plea 157 Rule 116 - Arraignment and Plea 158
Rule 116 - Arraignment and Plea 159 Rule 116 - Arraignment and Plea 160
Duty of the trial court if accused pleads
Plea of “guilty” guilty to a capital offense
• Capital offense – the prosecution must still prove the guilt of the 1. Conduct searching inquiry and ascertain
accused beyond reasonable doubt and the precise degree of • Voluntariness of the plea
his culpability • Whether accused has full comprehension of the consequences of his
plea
• Non-capital offense – court may receive evidence to determine
the penalty to be imposed 2. Require prosecution to prove
• Guilt of the accused
• Precise degree of culpability
3. Ask accused if he wishes to present evidence in his behalf
and be allowed to do so, if he desires
Rule 116 - Arraignment and Plea 161 Rule 116 - Arraignment and Plea 162
“Searching inquiry”
• Inform the accused of the length of imprisonment, nature of
• Ascertain from the accused himself penalty under the law
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• Whether he has conferred with and explained the meaning and • Require accused to narrate the tragedy or reenact the crime or
consequences of the plea
furnish missing details
• Elicit information about the personality profile of the accused (age,
socio-economic status, educational background)
Rule 116 - Arraignment and Plea 163 Rule 116 - Arraignment and Plea 164
Improvident plea of guilty
• When an accused informs the court of his decision to change
plea from not guilty to guilty, the Court must conduct a
• At any time before judgment of conviction becomes final, the searching inquiry into the voluntariness and full comprehension
Court may permit an improvident plea of guilty to be withdrawn of the consequences of his plea (See People v. Ulit, G.R.
and be substituted by a plea of not guilty 131799-801, 2004)
• When trial court failed in the duty to conduct the searching inquiry, plea • Convictions based on an improvident plea of guilt are set aside
of guilty is deemed made improvidently and rendered inefficacious
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only if such plea is the sole basis of judgment, but if trial
court relied on sufficient and credible evidence to convict,
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Rule 116 - Arraignment and Plea 165 Rule 116 - Arraignment and Plea 166
Rule 116 - Arraignment and Plea 167 Rule 116 - Arraignment and Plea 168
When a plea of guilty to a lesser offense Production or inspection of material
may be made evidence
• During arraignment • Rule 116 allows a mode of discovery
• After arraignment, after his prior plea of guilty is withdrawn • Authorizes court to issue an order to the prosecution to produce and
provided that the same be made before trial permit inspection and copying and photographing of any written
statement given by the complainant or any other witnesses in the
• It has been held that it may also be considered during trial investigation of the offenses conducted by the prosecution
proper
• Available upon motion of the accused with notice to the parties
• And even after the prosecution has finished presenting
evidence and rested its case (See Daan v. Sandiganbayan)
Rule 116 - Arraignment and Plea 169 Rule 116 - Arraignment and Plea 170
Rule 117 - Motion to Quash 171 Rule 117 - Motion to Quash 172
• Hypothetical admission of the facts alleged in the information
• Fundamental test to determine the sufficiency: whether the facts • Omnibus motion: since the rule impliedly requires that all the
alleged, when hypothetically admitted, would establish the essential objections available at the time the motion was filed should be
elements of the crime defined by law invoked
• Based on defect in the information evident on its fact • Failure to assert any ground before a plea shall be deemed a waiver of
any objections
• If defect can be cured by amendment or if it is based on the ground that
the facts charged do not constitute an offense, prosecution is given the • Accused did not file a motion to quash
opportunity to correct the defect by amendment
• Accused filed a motion to quash but failed to allege the ground in said motion
• If the motion is granted, court may order that another complaint or
information be filed except when information is quashed on the ground
of extinction of criminal liability or double jeopardy
Rule 117 - Motion to Quash 173 Rule 117 - Motion to Quash 174
Rule 117 - Motion to Quash 175 Rule 117 - Motion to Quash 176
• Matters of defense cannot be raised in a motion to quash • When accused files a demurrer without leave of court – he is
deemed to have waived the right to present evidence and case
• Lack of prior written approval of the city, provincial, or chief shall be submitted for judgment
state prosecutor in the filing of an information renders the
information defective (See People v. Garfin, G.R. 153176, • MTD may be filed on the ground of the denial of his right to
2004) speedy trial
• Lack of authority prevented the court from acquiring jurisdiction over • Unreasonable, vexatious, and oppressive delays without the fault of the
the case accused, or by unjustified postponements which unreasonably
prolonged the trial (See Cabador v. People, G.R. 186001, 2009)
• Failure to raise an objection on the validity of information before
arraignment does not amount to a waiver
Rule 117 - Motion to Quash 177 Rule 117 - Motion to Quash 178
Double Jeopardy
• No person shall be twice put in jeopardy of punishment
for the same offense.
• Requisites (See Antone v. Beronilla, G.R. 183824, 2010; Alonto
v. People, G.R. 140078, 2004) • A criminal case for estafa and violation of BP 22 are
1. There is a complaint or information or other formal charge different from a case involving 3 counts of violation of BP
sufficient in form and substance to sustain a conviction 22 filed with another RTC Branch (See Alonto v. People,
2. The same is filed before a court of competent jurisdiction G.R. 140078, 2004)
3. There is a valid arraignment or plea to the charges
4. The accused is convicted or acquitted or the case is otherwise
dismissed or terminated without his express consent
Rule 117 - Motion to Quash 179 Rule 117 - Motion to Quash 180
Provisional Dismissal
• Rules do not distinguish whether acquittal occurs at the level of
the trial court or on appeal from a judgment of conviction • Requisites (See People v. Lacson, G.R. 149453, 2003)
1. The prosecution with the express conformity of the accused or the
• Finality-of-acquittal rule in our jurisdiction – acquittal is final accused moves for a provisional (sin perjuicio) dismissal of the case; or
and unappealable on the ground of double jeopardy, whether both the prosecution and the accused move for a provisional dismissal of
it happens at the trial court level or before the CA (See the case;
Castro v. People, G.R. 180832, 2008) 2. The offended party is notified of the motion for a provisional dismissal of
the case;
3. The court issues an order granting the motion and dismissing the case
provisionally;
4. The public prosecutor is served with a copy of the order of provisional
dismissal of the case
Rule 117 - Motion to Quash 181 Rule 117 - Motion to Quash 182
Reopening of case
• Under Section 24, Rule 119 and existing jurisprudence, the
• Purpose behind the rule is to avoid the dilatory practice of requisites for reopening a case:
filing motions for dismissal as a demurrer to evidence, and 1. Reopening must be before finality of a judgment of conviction
2. Order is issued by the judge on his own initiative or upon motion
after a denial thereof, defense would claim right to present
3. Order is issued only after a hearing is conducted
evidence
4. Order intends to prevent a miscarriage of justice
5. Presentation of additional and/or further evidence should be terminated
within 30 days from the issuance of the order
(See People v. Tolentino, G.R. 176385, 2008)
• Controlling guideline is the paramount interest of justice
• Remedy of reopening was meant to prevent a miscarriage of justice
(See Cabarles v. Judge Maceda, G.R. 161330, 2007)
1. If witness is too sick or infirm to appear at the trial • Accused must be notified so he can attend the examination,
subject to his right to waive the same after reasonable notice
2. If the witness has to leave the Philippines with no definite date
of returning • As to the manner of examination, it must be conducted in the
same manner as an examination during trial (question and
(See Rule 119, Section 15) answer)
(See Cuenco vda. De Manguerra v. Risos, G.R. 152643, 2008)