ARREST COMMISSION OF AN

WITH WARRANT
PRELIMINARY INVESTIGATION OFFENSE
INSTITUTION OF CRIMINAL ACTION
PENALTY IS AT LEAST 4 YEARS, 2
ALL OTHER OFFENSES NOT UNDER RULE 112
MONTHS, 1 DAY
COMPLAINT OR
PRELIMINARY INVESTIGATION
INFORMATION FILED WITH INFERIOR COURTS OR OFFICE OF PROSECUTOR
PROBABLE CAUSE
CRIMINAL INFORMATION FILED IN COURT
RULE 112. Sec. 1 Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender
a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
Except as provided in Section 6 of this Rule, a preliminary investigation is required to be conducted before the filing of a complaint
or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine.
RULE 110. Sec. 1 Criminal actions shall be instituted as follows:
(a) for offenses where a preliminary investigation is required pursuant to Section 1 of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting the requisite preliminary investigation.
(b) for all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial
Courts, or the complaint with the office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters.
The institution of the criminal action shall interrupt the running period of prescription of the offense charged unless otherwise
provided in special laws.
RULE 113. Sec. 1 Arrest is the taking of a
RULE 113. Sec. 3 It shall be the duty of the officer *Jurisdiction is acquired either through voluntary submission to the court,
arrest, or through posting of bail.
person into custody in order that he may be
executing the warrant to arrest the accused and bound to answer for the commission of an
to deliver him to the nearest police station or jail offense.
without necessary delay.
CIVIL ACTION FOR CIVIL
Rule 111. Sec. 1 When a criminal action is LIABILITY DEEMED
instituted, the civil action for the recovery of civil INSTITUTED (RULE 111)
liability arising from the offense charged shall be deemed instituted with the criminal action unless the offended party waives the
civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.
NO PROBABLE CAUSE
DISMISSAL
PROBABLE WARRANTLESS
CAUSE ARREST
RULE 113. Sec. 5 A peace officer or a private person may, without a warrant, arrest a person:
ISSUE SUBPOENA (a) when, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) when an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
circumstances NO PROBABLE CAUSE
RESPONDENT FILES COUNTER-AFFIDAVIT
that the person to be arrested has committed it; and
DISMISSAL
(c) when the person to be arrested is a prisoner who has escaped from a penal
RESOLUTION establishment or place where he is serving final judgment or is temporarily confined while his case is pending,
or has escaped while being transferred from one confinement to another.
JUDGE ISSUES WARRANT
In cases falling under paragraph (a) and (b)
MAY FILE above, the person arrested without a warrant OF ARREST UPON FINDING OF PROBABLE
CAUSE
shall be forthwith delivered to the nearest police station or jail and shall be proceeded an offense.
PETITION FOR REVIEW WITH against in accordance with section 7 of Rule 112.
DOJ / OP
Additional situations when warrantless
CRIMINAL INFORMATION
arrest is valid:
FILED IN COURT UPON FINDING OF PROBABLE
POSTING OF BAIL
a) where a person who has been lawfully arrested escapes or is rescued (RULE 113, Sec. 13) CAUSE
b) by the bondsmen for the purpose of ARRAIGNMENT / PLEA
surrendering the accused (RULE 114, Sec. 23)
c) where the accused attempts to leave the country without permission of the court JUDGE ISSUES WARRANT
PRE-TRIAL
(RULE 114, Sec. 23)
OF ARREST UPON FINDING OF PROBABLE CAUSE
TRIAL JUDGMENT SEARCH AND SEIZURE
POSTING OF BAIL

APPEAL
ARRAIGNMENT / PLEA
PRE-TRIAL
*Public prosecutor shall determine whether or not warrantless arrest was valid.
JUDGE ISSUES WARRANT OF ARREST UPON PROBABLE CAUSE
CRIMINAL INFORMATION FILED IN COURT
JUDGE EVALUATES RESOLUTION OF PUBLIC PROSECUTOR
RULE 126. Sec. 13 A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the
NO PROBABLE
NO PROBABLE
CAUSE CAUSE
commission of an offense without a
PROBABLE CAUSE search warrant.
DISMISSAL
DISMISSAL SUBMIT
INQUEST ADDITIONAL
PROCEEDINGS AFFIDAVIT
SUBMIT ADDITIONAL
TRIAL JUDGMENT APPEAL
AFFIDAVIT VALID ARREST INVALID ARREST
 WARRANT OF ARREST DETAINED CRIMINAL
INFORMATION FILED IN COURT ACCUSED MAY ASK FOR PRELIMINARY INVESTIGATION
IMMEDIATE WAIVER ART. 125
COMMITMENT
RELEASE OF THE ACCUSED JUDGE ISSUES COMMITMENT ORDER
ORDER IF DETAINED
PRELIMINARY INVESTIGATION
RULE 114. Sec. 1 Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property
POSTING OF BAIL bond, cash deposit, or recognizance.
CRIMINAL INFORMATION FILED IN COURT UPON FINDING OF PROBABLE CAUSE
ACCUSED RELEASED FROM CUSTODY
ARRAIGNMENT
1987 CONSTITUTION, ART. III. SEC 2. RULE 115. RIGHTS OF ACCUSED
Sec. 1 In all criminal prosecutions, the accused shall be entitled to the following
PRE-TRIAL
...No search warrant or warrant of arrest shall issue except upon probable cause to be rights:
determined personally by the judge after examination under oath or affirmation of the (a) to be presumed innocent until the contrary
is proved beyond reasonable
complainant and the witnesses he may produce, doubt.
(b) to be informed of the nature and cause of the accusation against him.
TRIAL
and particularly describing the place to be searched and the persons or things to be seized.
(c) to be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the
judgment. The accused may, however, waive his presence at the trial pursuant to the stipulations set
JUDGMENT forth in his bail, unless his presence is specifically ordered by the court for purposes of identification. The
absence of the accused without justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be
present thereat. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all
subsequent trial dates
APPEAL until custody over him is regained. Upon motion, the accused may be allowed to defend himself in person when it
sufficiently appears to the court that he can properly protect his right without the assistance of counsel.
(d) to testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence
shall not in any manner prejudice him.
(e) to be exempt from being compelled to be a witness against himself.
(f) to confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the testimony
of a witness who is deceased, out of or cannot with due diligence be found in the Philippines, unavailable or otherwise unable to
testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.
PROBABLE CAUSE
ISSUE WARRANT OF ARREST
If on the face of the information he finds no probable cause, he may disregard the fiscal’s certification and require the submission of
supporting affidavits of witnesses to aid him in (g) to have compulsory process issued to secure the attendance of witnesses
arriving at a conclusion as to the and production of other evidence in his behalf.
existence of a probable cause.
(h) to have speedy, impartial and public trial.
(i) to appeal in all cases allowed and in the manner prescribed by law.
ARRAIGNMENT
NO PROBABLE CAUSE
SUBMIT SUPPORTING The judge may rely upon fiscal’s certification of the existence of
AFFIDAVITS
probable cause whether or not the case is cognizable only by the RTC. He shall personally evaluate the report and the supporting
documents submitted by the fiscal regarding the existence of probable cause.
POSTING OF BAIL
RULE 116. Sec. 1 ARRAIGNMENT AND PLEA
(a) the accused must be arraigned before the court where the
RULE 117. Sec. 3 The accused may move to quash the complaint or information on any of the following grounds:
complaint or information was filed or assigned for trial. The arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, a) That the facts charged do not constitute an offense;
reading the same in the language or dialect known to him, and asking b) That the court trying the case has no jurisdiction over the
him whether he pleads guilty or not guilty. The prosecution may call offense charged;
at the trial witnesses other than those named in the complaint or c) That the court trying the case has no jurisdiction over the
information. person of the accused; d) That the officer who filed the information had no
authority to do so; e) That it does not conform substantially to the prescribed
form;
(b) the accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of
record, but failure to do so shall not affect the validity of the proceedings.
f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;
(c) when the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.
g) That the criminal action or liability has been extinguished;
(d) when the accused pleads guilty but presents exculpatory h) That it contains averment, which, if true, would constitute
evidence, his plea shall be deemed withdrawn and a plea of not guilty a legal excuse or justification; and
shall be entered for him. i) That the accused has been previously convicted or acquitted of the offense charged, or the case against
him
(e) when the accused is under preventive detention, his case shall be was dismissed or otherwise terminated without his
raffled and its records transmitted to the judge to whom the case was express consent.
raffled within three 3 days from the filing of the information or complaint. The accused shall be arraigned within 10 days from the
date of the raffle. The pre-trial conference of his case shall be held within 10 days after arraignment.
(f) the private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil
liability, and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the court
may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the
conformity of the trial prosecutor alone.
(g) unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within 30 days from
the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of
particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period.
MOTION TO DISMISS
IF NOT WITHIN THE TIME LIMIT
MAY FILE MOTION TO QUASH
RULE 117. Sec. 1 At any time before entering his plea, an accused may move to quash the complaint or information.
PRE-TRIAL
RULE 118. Sec. 1 In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall, after arraignment and within 30 days
from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws
or circulars of the Supreme Court, order a pre-trial conference to consider the following:
a) Plea bargaining b) Stipulation of facts c) Marking for identification of evidence of the
parties d) Waiver of objections to admissibility of
evidence e) Modification of the order of trial if the accused TRIAL
admits the charge but interposes a lawful defense f) Such matters as will promote a fair and RULE 119. Sec. 1 After a plea of not
guilty is entered, the accused shall
expeditious trial of the criminal and civil have at least 15 days to prepare for trial. The trial shall commence
aspects of the case within 30 days from receipt of the pre-trial order.
Sec. 3 After the pre-trial conference, the court shall issue Sec 2. ...In no case shall the entire trial period exceed one hundred
an order reciting the actions taken, the facts stipulated, eighty (180) days from the first day of trial, except as otherwise
and evidence marked. Such order shall bind the parties, authorized by the Supreme Court.
limit the trial to matters not disposed of and control the
The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the
Supreme
course of the action during the trial, unless modified by the court to prevent manifest injustice.
Court provide for a shorter period of trial.
RULE 119 Sec. 9 If the accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as
extended by Section 6 of this rule, the information may be dismissed on motion of the accused on the ground of denial of his right of
speedy trial. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward
with the evidence to establish the exclusion of time under section 3 of this rule. The dismissal shall be subject to the rules on double
jeopardy.
RULE 119. Sec. 23 DEMURRER TO EVIDENCE
After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence
(1) on its own initiative after giving the prosecution the opportunity to be heard or
(2) upon demurrer to evidence filed by the accused with or without leave of court.
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the
demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for
judgment on the basis of the evidence for the prosecution.
The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a
non-extendible period of 5 days after the prosecution rests its case. The prosecution may oppose the motion within a
non-extendible period of 5 days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non- extendible period of 10 days from notice.
The prosecution may oppose the demurrer to evidence within a similar period from its receipt.
The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal
or by certiorari before judgment.
RULE 119. Sec. 11 The trial shall proceed in the following order:
(a) the prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) the accused may
present evidence to prove his defense, and damages, if any, arising from the issuance of a
provisional remedy in the case. (c) the prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court,
in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) upon admission of the
evidence of the parties, the case shall be deemed submitted for decision unless the court
directs them to argue orally or to submit written memoranda. (e) when the accused admits the act or omission charged in the
complaint or information but interposes a lawful
defense, the order of trial may be modified.
TO TEST SUFFICIENCY OF PROSECUTION’S EVIDENCE
MOTION WITH ACCUSED MAY
LEAVE OF COURT FILE DEMURRER TO EVIDENCE
WITHOUT LEAVE OF COURT
PROSECUTION PRESENTS EVIDENCE
ACCUSED PRESENTS DEFENSE
RULE 120. Sec. 1 Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if any. It must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts and the law upon which it
is based.
NEW TRIAL OR RECONSIDERATION
ACCUSED SHALL FILE DEMURRER
ACCUSED PRESENTS EVIDENCE
DEMURRER DENIED
ACCUSED BARRED FROM PRESENTING EVIDENCE
CASE SUBMITTED FOR DECISION
GRANTED DEMURRER: DISMISSAL ON THE GROUND OF INSUFFICIENCY OF EVIDENCE
RULE 121. Sec. 1 NEW TRIAL OR RECONSIDERATION
At any time before a judgment of conviction becomes final, the court may, on motion of the accused or at its own instance but with
the consent of the accused, grant a new trial or reconsideration.
Sec. 2 The court shall grant a new trial on any of the following grounds:
(a) the errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial; (b) the
new and material evidence has been discovered which the accused could not with reasonable diligence have discovered and
produced at the trial and which if introduced and admitted would probably change the judgment.
Sec. 3 The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further
proceedings.
PROSECUTION AND DEFENSE PRESENT REBUTTAL AND SUR-REBUTTAL EVIDENCE
CASE SUBMITTED FOR DECISION
JUDGMENT
APPEAL
GRANTED
DENIED
RULE 120. Sec. 6 PROMULGATION OF JUDGMENT
The judgment is promulgated by reading it in the presence of the accused and any judge of the court in which it was rendered.
However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative.
When the judge is absent or outside of the province or city, the judgment may be promulgated by the clerk of court...
APPEAL
RULE 122. Sec. 1 Any party may appeal from a judgment or final order, unless the accused will be placed in double jeopardy.
NOTICE OF APPEAL FILED WITH COURT WHICH RENDERED JUDGMENT WITHIN 15
DAYS FROM PROMULGATION
JUDGMENT
Sec. 3 HOW APPEAL TAKEN
...shall be taken by filing a notice of appeal with the court which rendered the judgment or final order appealed from and by serving
a copy thereof upon the adverse party.
Sec. 6 WHEN APPEAL TO BE TAKEN
An appeal must be taken within 15 days from promulgation of the judgment or from notice of the final order appealed from. This
period for perfecting an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice of the
order
STENOGRAPHER FILES TRANSCRIPTION OF
overruling the motion shall have been served upon the accused or his counsel at which time the balance of the period begins to
run. PROCEEDINGS WITH THE CLERK OF COURT
Sec. 7 When notice of appeal is filed by the accused, the trial court shall direct the stenographic reporter to transcribe his notes of
the proceedings. When filed by the People of the Philippines, the trial court shall direct the stenographic reporter to transcribe such
portion of his notes of the proceedings as the court, upon motion, shall specify in writing. The stenographic reporter shall certify to
the correctness of the notes and the transcript thereof, which shall consist of the original and four copies, and shall file the original
and four CLERK OF COURT TRANSMITS RECORD OF THE
copies with the clerk without unnecessary delay... CASE TO THE CLERK OF COURT OF THE APPELLATE
Sec. 8 Within 5 days from the filing of the notice of appeal, the clerk of the court with whom COURT WITHIN 5 DAYS
FROM FILING OF NOTICE
the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case, together with
said notice. The original and three copies of the transcript of stenographic notes, together with the records, shall also be transmitted
to the clerk of the appellate court without undue delay. The other copy of the transcript shall *Appeals in criminal cases are
perfected when the interested party or parties have
remain in the lower court. personally or through their counsel filed with the clerk of court a written notice expressly stating
the appeal. When an appeal has been perfected, the court a quo loses jurisdiction.
aizaebina/2015