Rule 120 127
Rule 120 127
Conviction Acquittal
In case there is a conflict between the fallo and
the body of decision:
(a) The legal qualification a) state whether or not
of the offense the evidence of the General Rule Exception
constituted by the acts prosecution
committed by the where there is a conflict where the inevitable
accused. (i) absolutely failed to prove between the dispositive conclusion from the body of
the guilt of the accused, or portion or the fallo and the the decision is so clear as to
(b) the aggravating and body of the decision, the show that there was a mistake
mitigating (ii) merely failed to prove his fallo controls in the dispositive portion, the
circumstances which guilt beyond reasonable body of the decision will
attended the doubt; prevail.
commission of the
offense; b) determine if the act or
omission from which Proof Beyond Reasonable Doubt
(c) The participation of the civil liability might
the accused, whether arise did not exist
Proof beyond reasonable doubt does not require absolute
as principal, (Sec. 2, Rule 120,Rules
certainty; it only requires moral certainty or the "degree of
accomplice, or of Court).
accessory. proof which produces conviction in an unprejudiced mind.
*** Immediately final.
(d) The penalty imposed Reasonable doubt is that doubt engendered by an investigation of
upon the accused. A finding of not guilty based the whole proof and an inability after such investigation to let the
on the merits, that is, the mind rest each upon the certainty of guilt. Absolute certainty of
*** Should be accused is acquitted guilt is not demanded by the law to convict a criminal charge, but
commensurate to the because the evidence does moral certainty is required as to every proposition of proof
actual responsibility of not show that his guilt is requisite to constitute the offense.
the accused. beyond reasonable doubt
Where the accused fails to object before trial Exception Not an exception
The court may Exception Charged with murder but Charged of homicide but
homicide was proven, murder was proven, accused
Convict him of as many If one of the offenses has accused shall be convicted shall be convicted of
offenses as there are been a necessary means of homicide homicide
charged and proved; for committing the other
offense and where both Rape by sexual assault, but
have been the result of a acts of lasciviousness is
single act. proved, he can be
convicted of the latter
Impose on him the penalty Maximum duration of the
for each offense, setting offense should be in *** Accused cannot be
out separately the offense accordance with the convicted of offense not
the findings of fact and law “three-fold rule” on the charged and proved, unless
in each offense maximum duration of the the offense proved is
principal penalty, which included in the offense
means that the maximum charged.
duration of the sentence
cannot exceed three-fold
the length of time
corresponding to the most
severe of the penalties
When Offense Includes or is Included in Another
imposed upon the
accused. (Art. 70, RPC) General Rule Exception
An accused can be (1) Where there is a (2) When the essential elements or ingredients of the offense
convicted of an offense variance between the charged constitute or form part of those constituting the
only when it is both offense charged in the offense proved, then one offense is included in the other.
charged and proved. If it is information or complaint
not proved although and what is proved; and Promulgation of Judgement
charged, the accused
cannot be convicted (2) The offense as charged Definition Promulgation is the official proclamation or
thereof. is included or necessarily announcement of judgment of the court.
includes the offense
proved. It consists of reading the judgment or
sentence in the presence of the accused
*** FOR Number 2, he still and any judge of the court rendering the
cannot be convicted if the judgment. It is the point of reference when
latter lesser offense has the judgment becomes final.
already prescribed
*** Presence of the accused is required.
EXCEPTION: Conviction for light offenses,
the present of his counsel or representative.
higher court or appointed to another office with inconsistent
*** Presence of counsel is not necessary. functions, would no longer be considered an incumbent member
of the court and his decision written thereafter would be invalid.
Who may (1) Judge of the court in which it was Indeed, one who is no longer a member of the court at the time
promulgate rendered the final decision or resolution is signed and promulgated cannot
validly take part in that decision or resolution. Much less could he
(2) Clerk of the said court in the be the ponente of the decision or resolution. Also, when a judge
absence of the judge who rendered
or a member of the collegiate court, who had earlier signed or
judgment
registered his vote, has vacated his office at the time of the
(3) Executive Judge of the RTC having promulgation of the decision or resolution, his vote is
jurisdiction over the place of automatically withdrawn or cancelled. (Payumo v.
confinement or detention – if Sandiganbayan, G.R. Nos. 151911 & 154535, July 25, 2011)
accused is confined or detained and
upon the request of the judge who Rule if the accused fails to appear in the
rendered judgment promulgation of judgment
Schedule of Under RGCTCC
Promulgation If failed to Promulgation should not be
The court shall announce in open court appear despite suspended.
and include in the order submitting the case notice
for decision, the date of the promulgation Instead, it shall be made by
of Its decision which shall not be more
than ninety (90) calendar days from the (a) recording the judgment in the
date the case is submitted for decision, criminal docket and
except when the case is covered by Special
Rules and other laws which provide for a (b) serving him a copy thereof at his
shorter period last known address or through his
counsel
Binding A final decision or resolution becomes
binding only after it is promulgated and Note: Rendition comes first before
not before. promulgation. Promulgation without
rendition is null and void.
Notification The notice shall be given by the clerk of
to the court to the accused personally or The recording of judgment in the
accused through his bondsman or warden and criminal docket is substantially complied
counsel. by furnishing the clerk of court with the
copy of the judgment. In the absence
In absentia, jumped bail, escaped of such compliance, there can be no
valid promulgation. Without the same,
The notice to him shall be served at his the … decision could not attain finality
last known address and become executory. This means that
the 15-day period within which to
interpose an appeal did not even
commence.
Rules on appeal after promulgation of
judgement *** (1) when the judgment is for a light
PROMULGATION offense, in which case, the counsel for
General Rule The court promulgating the judgment shall in absentia the accused or a representative may
have authority to accept the notice of stand for him; and
appeal and to approve the bail bond
pending appeal. (2) in cases where despite due notice to
the accused or his bondsman or
Exception If the trial court convicted the accused warden and counsel, the accused
from non-bailable to bailable --- the failed to appear at the promulgation of
application for bail is on the appellate the decision.
court.
If conviction and He will lose his available remedies.
the absence is *** Motion for Reconsideration or New
it. In this connection, the Court En Banc issued the Resolution without Trial appeal from the judgment of
dated February 10, 1983 implementing B.P. 129 which merely justifiable cause conviction
requires that the judge who pens the decision is still an incumbent
judge, that is, a judge of the same court, albeit now assigned to a Court shall order his arrest.
different branch, at the time the decision is promulgated. In
The rule, though, gives him a chance to
People v. CFI of Quezon, Branch X, it was clarified that a judge
avail of the remedies against the
who died, resigned, retired, had been dismissed, promoted to a
judgment as long as within fifteen (15) *** NOTE 1. The prosecutor cannot ask for the
days from promulgation of judgment, modification or setting aside of a
he surrenders and files a motion for judgment of conviction because the
leave of court to avail of the rules clearly provide that a judgment of
remedies. conviction may be modified or set
aside by the court rendering upon
He shall state the reason for his motion of the accused.
absence and, if he proves the absence
was justified, he shall be allowed to avail *** Only the accused can file this
of the remedies within fifteen (15) days motion.
from notice.
2. The trial court can validly amend
*** Besides, where there is no the civil portion of its decision within
promulgation of the judgment, the right 15 days from promulgation thereof
to appeal does not accrue even though the appeal had in the
meantime already been perfected by
*** Court should not entertain motion the accused from judgment of
for reconsideration who did not appear, conviction
despite notice. The Court should
dismiss outright. Entry of Judgment
If conviction, When the accused on bail fails to
After a judgment has become final, it shall be entered in
and on bail, but present himself at the promulgation of a
accordance with Rule 36. (Rule 120, Sec. 8)
is absent judgment of conviction, he is
considered to have lost his standing
in court. The final judgment of the court is carried into effect by a process
called “mittimus”.
Without any standing in court, the
accused cannot invoke its jurisdiction to Note: Mittimus or Commitment Order is a process issued by the
seek relief. court after conviction to carry out the final judgment, such as
commanding a prison warden to hold the accused in accordance
The evident purpose of this latter exception is to afford the with the terms of the judgment.
offended party the opportunity to enforce the award of civil
indemnity which could not otherwise be affected if the Finality of Judgment vs. Entry of Judgment
decision cannot be pronounced on account of the absence of
the accused. The finality of the judgment is entirely distinct from its entry and
the delay in the latter does not affect the effectivity of the
Modification of Judgment former which is counted from the expiration of the period to
appeal.
Upon motion of the accused, a judgment of conviction may be
modified or set aside by the court before it has become final Findings of the trial courts carry great weight and respect, and,
or before an appeal has been perfected. (Rule 120, Sec. 7) generally, appellate courts will not overturn said findings
unless the trial court overlooked, misunderstood or misapplied
When A Judgment Becomes Final some facts or circumstances of weight and substance which
will alter the assailed decision or affect the result of the case.
When judgement (a) When the period for perfecting
becomes finals an appeal has lapsed.
Remedies against Judgement of Conviction
(b) When the accused commences
to serve sentence. Before the (1) modification of the judgment
judgement
(c) When the accused expressly becomes finals, *** Upon motion of the accused,
waives in writing his right to the accused may not the prosecutor.
appeal. avail the remedies
. (2) reopening of the proceedings
(d) When the accused applies for
probation, thereby waiving the *** Judge may motu proprio or upon
right to appeal. motion, with hearing or either case,
reopen to avoid miscarriage of
Appeal and probation are justice.
mutually exclusive remedies.
Implicit in an application for *** Shall terminate within 30 days
probation is an admission of from the order granting it.
guilt.
(3) motion for new trial accused have been committed
(4) motion for reconsideration during the trial; or
The accused may file a motion for new (3) That new and material evidence
trial or motion for reconsideration of has been discovered
the judgment adverse to him.
Requisites for (1) The evidence must have been
*** The court, however, need not wait
newly discovered after the trial;
for a motion from the accused because
discovered
it may, at its own instance, grant a new
evidence (2) It could not have been previously
trial or a reconsideration of the
discovered and produced at the
judgment but with the consent of the
trial even with the exercise of
accused
reasonable diligence;
After finality, pleas for the remand of
(3) It is a new and material evidence;
the case to the trial court for the
if introduced and admitted, it would
conduct of a new trial may no longer
probably change the judgment
be entertained
*** Not cumulative, corroborative,
(5) appeal from the judgment
or impeaching
(a) The appeal to the Regional Trial Court, or to the Court of If death penalty is imposed, the stenographic reporter shall, within
Appeals in cases decided by the Regional Trial Court in the thirty (30) days from promulgation of the sentence, file with the
exercise of its original jurisdiction, shall be taken by filing a notice clerk original and four copies of the duly certified transcript of his
of appeal with the court which rendered the judgment or final notes of the proceedings. No extension of time for filing of said
order appealed from and by serving a copy thereof upon the transcript of stenographic notes shall be granted except by the
adverse party. Supreme Court and only upon justifiable grounds. (7a)
(b) The appeal to the Court of Appeals in cases decided by the Section 8. Transmission of papers to appellate court upon
Regional Trial Court in the exercise of its appellate jurisdiction appeal. — Within five (5) days from the filing of the notice of
shall be by petition for review under Rule 42. appeal, the clerk of the court with whom the notice of appeal was
filed must transmit to the clerk of court of the appellate court the
(c) The appeal to the Supreme Court in cases where the penalty complete record of the case, together with said notice. The
imposed by the Regional Trial Court is death, reclusion perpetua, original and three copies of the transcript of stenographic notes,
or life imprisonment, or where a lesser penalty is imposed but for together with the records, shall also be transmitted to the clerk of
offenses committed on the same occasion or which arose out of the appellate court without undue delay. The other copy of the
the same occurrence that gave rise to the more serious offense transcript shall remain in the lower court. (8a)
for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by filing a notice of appeal in Section 9. Appeal to the Regional Trial Courts. —
accordance with paragraph (a) of this section.
(a) Within five (5) days from perfection of the appeal, the clerk of
(d) No notice of appeal is necessary in cases where the death court shall transmit the original record to the appropriate Regional
penalty is imposed by the Regional Trial Court. The same shall be Trial Court.
automatically reviewed by the Supreme Court as provided in
section 10 of this Rule. (b) Upon receipt of the complete record of the case, transcripts
and exhibits, the clerk of court of the Regional Trial Court shall
(e) Except as provided in the last paragraph of section 13, Rule notify the parties of such fact.
124, all other appeals to the Supreme Court shall be by petition
for review on certiorari under Rules 45. (3a) (c) Within fifteen (15) days from receipt of the said notice, the
parties may submit memoranda or briefs, or may be required by
Section 4. Publication of notice of appeal. — If personal service the Regional Trial Court to do so. After the submission of such
of the copy of the notice of appeal can not be made upon the memoranda or briefs, or upon the expiration of the period to file
adverse party or his counsel, service may be done by registered the same, the Regional Trial Court shall decide the case on the
mail or by substituted service pursuant to sections 7 and 8 of Rule basis of the entire record of the case and of such memoranda or
13. (4a) briefs as may have been filed. (9a)
Section 5. Waiver of notice. — The appellee may waive his right Section 10. Transmission of records in case of death penalty. —
to a notice that an appeal has been taken. The appellate court In all cases where the death penalty is imposed by the trial court,
the records shall be forwarded to the Supreme Court for requirements of the Rules. Failing to do so, the
automatic review and judgment within five (5) days after the right to appeal is lost.
fifteenth (15) day following the promulgation of the judgment or
notice of denial of a motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the Nature An appeal confers upon the appellate court
filing thereof by the stenographic reporter. (10a) jurisdiction to examine the records, revise the
judgment appealed from, increase (or reduce)
the penalty, and cite the proper provision of the
Section 11. Effect of appeal by any of several accused. — penal law.
(a) An appeal taken by one or more of several accused shall not The appellate court may, and generally does,
affect those who did not appeal, except insofar as the judgment look into the entire records to ensure that no
of the appellate court is favorable and applicable to the latter; fact of weight or substance has been
overlooked, misapprehended, or misapplied by
(b) The appeal of the offended party from the civil aspect shall not the trial court
affect the criminal aspect of the judgment or order appealed from.
Who may Any party may appeal from a judgment or final
appeal order, unless the accused will be placed in
(c) Upon perfection of the appeal, the execution of the judgment double jeopardy
or final order appealed from shall be stayed as to the appealing
party. (11a) *** UNLESS accused moved for appeal
Section 12. Withdrawal of appeal. — Notwithstanding the When an accused appeals from the sentence
perfection of the appeal, the Regional Trial Court, Metropolitan of the trial court, he waived the constitutional
TrFroial Court, Municipal Trial Court in Cities, Municipal Trial safeguard against double jeopardy and
throws the whole case open to the review of
Court, or Municipal Circuit Trial Court, as the case may be, may
the appellate court, which is then called upon
allow the appellant to withdraw his appeal before the record has
to render such judgment as law and justice
been forwarded by the clerk of court to the proper appellate court dictate, whether favorable or unfavorable to the
as provided in section 8, in which case the judgment shall become appellant
final. The Regional Trial Court may also, in its discretion, allow the
appellant from the judgment of a Metropolitan Trial Court, Changing A party cannot change his theory on appeal
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal the nor raise in the appellate court any question
Circuit Trial Court to withdraw his appeal, provided a motion to theory on of law or fact that was not raised by the
that effect is filed before rendition of the judgment in the case on appeal parties in their pleadings.
appeal, in which case the judgment of the court of origin shall
become final and the case shall be remanded to the latter court Points of law, theories, issues and arguments
for execution of the judgment. (12a) not adequately brought to the attention of the
trial court ordinarily will not be considered by a
reviewing court as they cannot be raised for
Section 13. Appointment of counsel de oficio for accused on the first time on appeal because this would be
appeal. — It shall be the duty of the clerk of the trial court, upon offensive to the basic rules of fair play, justice,
filing of a notice of appeal, to ascertain from the appellant, if and due process
confined in prison, whether he desires the Regional Trial Court,
Court of Appeals or the Supreme Court to appoint a counsel de General General rule: no error will be considered by
oficio to defend him and to transmit with the record on a form to Rule the appellate court
be prepared by the clerk of court of the appellate court, a
certificate of compliance with this duty and of the response of the 1. Error affects the jurisdiction of the court over
appellant to his inquiry. (13a) the subject matter
Supreme 1. All other appeals Petition for review on RTC ON ITS APPELATE JURISDICTION
Court except: certiorari via Rule 45
RTC > CA Petition for review
a. RTC decision under Rule 42
where the imposable
penalty is LI or RP or CA
a lesser penalty for
CA to SC Petition for review on
offenses committed on certiorari Under 45
the same occasion or
which arose from the
Sec. 13, Rule 124:
same occurrence that
gave rise to the offense
punishable by RP LI
• Where CA finds that death shall be imposed, the court shall
render judgment but refrain from making an entry of judgment *** NEYPES RULE
and forthwith certify the case and elevate its entire record to
the SC for review. Withdrawal RTC or MTC may allow the appellant to
of appeal withdraw his appeal, despite perfection,
• Where judgment also imposes a lesser penalty for offenses provided a motion to withdraw is filed, and
committed on the same occasion or which arose out of the the motion is filed before the RTC renders
same occurrence that gave rise to the more serious offense judgment on the appeal.
for which the penalty of death is imposed, and the accused
appeals, the appeal shall be included in the case certified for Effects of General Rule
review to the SC. appeal by
any of An appeal taken by one or more of several
• In cases where the CA imposes RP, LI or a lesser penalty, it several accused shall not affect those who did not
shall render and enter the judgment imposing such penalty. accused appeal. The appeal shall have an effect
The judgment may be appealed to the SC by notice of insofar as the judgment of the appellate court
appealed filed with the CA. is favorable and applicable to those who
did not take an appeal
RTC > SB Notice of Appeal Not exceeding The benefits of this rule extends to all the
RTC > SB > SC Petition for Review 6 years accused, regardless of whether they appealed
on Certiorari or not
*** A petition for review raises only questions of law and should
The harmless error rule obtains during review of the things done
raise the errors of law of the CA and not those of the RTC
by either the trial court or by any of the parties themselves in the
course of trial, and any error thereby found does not affect the
Purported errors of judgment or those involving misappreciation
substantial rights or even the merits of the case. The Court has
of evidence or errors of law, which, as aforesaid, cannot be raised
had occasions to apply the rule in the correction of a misspelled
and be reviewed in a Rule 65 petition. To repeat, a writ of certiorari
name due to clerical error; (Flight Attendants and Stewards
can only correct errors of jurisdiction or those involving the
Association of the Philippines v. Philippine Airlines, Inc., G.R. Nos.
commission of grave abuse of discretion, not those which call for
178083 & A.M. No. 11- 10-1-SC (Resolution), [March 13, 2018])
the evaluation of evidence and factual findings.
*** If continuing offense, may be applied State of State of emergency not a valid
for in any court where the element of the emergency ground for general searches and
alleged offense was committed. seizures:
For the purpose of taking a For the purpose of taking The following are Executive and Vice Executive
person into the custody of personal property into the authorized to act Judges of RTCs of Manila and
the law. custody of the law on application of Quezon City filed by:
search warrants of
The judge is required to The court must always above crimes (a) NBI
conduct an investigation or conduct searching (b) PNP
examination but the court questions upon the (c) Presidential Anti-Organized
may dispense with the complainant and his Crime Task Force (PAOC-TF) (d)
personal examination and witnesses Reaction Against Crime Task Force
may simply rely on the (REACT-TF)
report of the fiscal
*** MAY BE SERVED OUTSIDE
An arrest may be made on Should be executed only MANILA OR QC.
any day and at any time on daytime unless
of the day or night. otherwise stated in the Requisites for Issuing Search Warrants
warrant itself.
(1) The warrant must It refers to such fact and
*** When the affidavit be issued upon circumstances which would
asserts that the property is probable cause lead a reasonably discreet and
on the person or in tthe prudent man to believe that the
place ordered to be offense charged has been
searched, in which case a committed and that the objects
direction may be inserted sought in connection with the
that it be served at any offense are in the place sought
time of the day or night. to be searched
Imprescriptible; until and Only good for 10 days; *** The basis must be the
unless implemented. whether implemented or personal knowledge of the
not, the search warrant complainant or the witnesses
dies on the 11th day. he may produce and not based
on mere hearsay.
*** A search warrant can
be used only once, FACTORS TO DETEMINE PC
General Warrants – a search or
(a) Time of the application in an arrest warrant that is not
relation to the alleged offense particular as to the person to be
committed. The nearer the time arrested or the property to be
at which the observation of the seized.
offense is alleged to have been
made, the more reasonable the Tests to determine particularity
conclusion of establishment of of the place to be searched?
probable cause
1. When the description
(b) There must be competent therein is as specific as the
proof of particular acts or ordinary circumstance will
specific omissions but only the allow
best evidence under the
circumstances is required 2. When the description
express a conclusion of
(2) Probable cause Exception: fact, not of law which the
must be determined warrant officer may be
personally by the Deportation of illegal and guided in making the
judge; undesirable aliens, whom the search and seizure;
President or the Commissioner
of Immigration may order 3. When the things described
arrested, following a final order of therein are limited to those
deportation, for the purpose of which bear direct relation to
deportation the offense for which the
warrant is being issued.
*** Judge’s finding of PC may ne
set aside and his findings may .
be quashed.
(5) The warrant must Scatter-shot warrant
(3) The judge must Before issuing the warrant: be issued for one
have personally specific purpose or in Scatter-shot warrant is a search
examined, under (a) The judge must personally connection with one warrant issued for more than
oath and affirmation, examine in the form of specific offense. one specific offense. It is void
and in the form of searching questions and because it violates the
searching questions answers the complainant and constitutional requirement that
and answers, the the witnesses he may produce; there must be particularity of the
applicant and his things to be seized and persons
witnesses; (b) In writing and under oath; and places to be searched.
(d) When those in the premises, aware of The officer must forthwith deliver the
the presence of someone outside, are then property seized to the judge who issued
engaged in activities which justifies the the warrant, together with a true
officer to believe that an escape or the inventory thereof duly verified under oath.
destruction of evidence is imminent
The judge shall see to it that this has been
complied with ten (10) days after issuance
Right to Break Door or Window to Effect of the search warrant, the issuing judge
shall ascertain if the return has been
Search made.
The officer, if refused admittance to the place of directed If not, the (1) Summon the person to whom the
search after giving notice of his purpose and authority, may judge shall warrant was issued; and,
break open any outer or inner door or window of a house
or any part of a house or anything therein to execute the (2) Require him to explain why no return
warrant or liberate himself or any person lawfully aiding him was made
when unlawfully detained therein.
If made, the 1. Ascertain whether Section 11 of this
Search of house, room, or premise to be judge shall Rule on Receipt for the Property Seized
has been complied with; and,
made in presence of two witnesses
2. Require that the property seized be
No search of a house, room, or any other premises shall be delivered to him.
made except in the presence of:
*** A violation of this rule shall constitute
Rule No search of a house, room, or any other contempt of court.
premises
Custody of The responsibilities of the magistrate do
Except In the presence of the Seized not end with the granting of the warrant,
Items but extends to the custody of the articles
(a) The lawful occupant thereof; or, seized. In exercising custody over these
(b) Any member of his family; or articles, the property rights of the owner
(c) In the absence of the latter, two should be balanced with the social need
witnesses of sufficient age and discretion to preserve evidence which will be used in
residing in the same locality the prosecution of a case.
(2) In the absence of such occupant, leave (2) When the search is incidental to a
a receipt in the place in which he found lawful arrest;
the seized property, in the presence of at
least 2 witnesses of sufficient age and
discretion residing in the same locality.
(3) When it is made on vessels and
aircraft, such as for violation of customs c. Actual intention to relinquish such
laws; rights.
(a) where the officer merely draws aside b. the evidence was inadvertently
the curtain of a vacant vehicle which is discovered by the police who
parked on the public fair grounds; have the right to be where they
are; and
(b) where the officer simply looks into a
vehicle; *** Means that the officer must not
have known in advance of the
(c) where the officer flashes a light therein location of the evidence and
without opening the car's doors; discovery is not anticipated.
(d) where the occupants are not subjected c. the evidence must be immediately
to a physical or body search; apparent; and
(e) where the inspection of the vehicles is *** This requirement means that
limited to a visual search or visual the incriminating nature of the
inspection; and evidence becomes apparent if the
officer, at the moment of seizure,
(f) where the routine check is conducted had probable cause to connect it to
in a fixed area a crime without the benefit of an
*** NOTE Not all checkpoints are illegal. unlawful search or seizure.
*** NOTE Court where the criminal action Obstruction of Justice for Non-Compliance;
is first filed shall acquire Where to File
jurisdiction to the exclusion of
the other courts Pursuant to Section 20, Chapter IV of RA 10175, failure to
comply with the provisions of Chapter IV, specifically the
All other crimes defined and
orders from law enforcement authorities, shall be punished as
penalized by the Revised Penal
Code, as amended, and other a violation of Presidential Decree No. 1829, entitled
special laws, committed by, “Penalizing Obstruction Of Apprehension And Prosecution Of
though, and with the use of ICT, Criminal Offenders.”
as provided under Section 6,
Chapter II of RA 10175, shall be The criminal charge for obstruction of justice shall be filed
filed by the law enforcement before the designated cybercrime court that has jurisdiction
authorities with the regular or over the place where the non-compliance was committed.
other specialized regional trial (Section 2.7, A.M. NO. 17-11-03-SC)
courts, as the case may be,
within its territorial jurisdiction
in the places above-described
Extraterritorial Service of Warrants and Other
Court Processes
The prosecution has the duty to move for the transmittal of the
records, as well as the transfer of the items’ custody to the
latter court, which procedure is set forth in Section 7.2 of this
Rule. (Section 2.3, A.M. NO. 17-11-03-SC)