CRIMINAL

PROCEDURE
Beta Sigma Lambda
Bridging Program
2023 Lecture Series

Abdul Gaffur Madki Howard M. Alonto II

Deputy City Prosecutor – Iligan City
15/08/2023 2

CRIMINAL
CRIMINAL PROCEDURE

PROCEDURE
Rule 110 Rule 119
Rule 111 Rule 120
Rule 112 Rule 121
Rule 113 Rule 122
Rule 114 Rule 123
Rule 115 Rule 124
Rule 116 Rule 125
Rule 117 Rule 126
Rule 118 Rule 127
 CRIMINAL PROCEDURE

CRIME ARREST W/O W

3
ARREST
Rule 113
Arrest Without Warrant
•Arrest (Sec. 1)
•Arrest W/O W (Sec. 5)
a.In Flagrante Delicto
b.Hot Pursuit
c.Escapee
•Time (Sec. 6)
•Method W/O W (Sec. 8)
•Arrest by Private Person (Sec. 9)
•Summon Assistance (Sec. 10)
•Right to Break Into Building or Enclosure (Sec. 11)
•Right to Break Out from Building or Enclosure (Sec. 12)
•Arrest After Escape or Rescue (Sec. 13)
•Right to be Visited (Sec. 14)
5
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN

T

6
PROSECUTION OF
OFFENSES
Rule 110
Prosecution of Offenses
•Institution of Criminal Cases (Sec. 1)
a.Complaint for [4-2-1] Preliminary Investigation (Sec. 1, Rule 112)
b.Other Offenses: Complaint or Information with MTC/MCTC/Prosecutor
c.See Sec. 9 of Rep. Act 10071, Prosecution Service Act of 2010
•Complaint (Secs. 2, 3 and 6)
Judicial Affidavit Rule (AM 12-8-8-SC)
MTC/MCTC/MTCC – mandatory; RTC – when the Accused agrees
•Sufficient must be the following(Sec. 6):WHO/WHAT/HOW/WHEN/WHERE
a.Name/s of the Accused
b.Designation of the Offense (not really)
c.Acts or Omissions (Elements)
d.Name/s of the Offended Party
e.Approximate Date of the Offense
f.Place of Commission

8
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF

T NEEDED

9
Case Build-Up (CBU)
•DOJ Department Circular No. 020
•Probable Cause to Prima Facie Case with Reasonable Certainty of Conviction
•Crimes Covered:
a.Heinous Crimes

Treason, Piracy, Qualified Piracy

Qualified Bribery and Plunder

Carnapping and Destructive Arson

Parricide, Murder and Infanticide

Kidnapping and Serious Illegal Detention

Robbery with Violence and Intimidation on Persons

Rape

Qualified Trafficking in Persons
b.Dangerous Drugs Cases (Rep. Act 9165)
c.Money Laundering
d.Terrorism and Terrorism Financing
e.Offenses Punishable by Reclusion Perpetua or Life Imprisonment

10
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST

11
Inquest Proceedings
•Art. 125 of the Revised Penal Code [12-18-36]
•If Art. 125 is violated:

Release but with further investigation subject to rules on CBU

Arresting Officers may be liable for Delay in the Delivery of Detained Persons
•Filing with Prosecution Office tolls prescriptive periods
•If settlement is allowed, the same may be entertained
•Respondent may be assisted by counsel
•Purpose: To determine whether the person arrested should be indicted in court
•Respondent may waive his rights under Art. 125 of the RPC converting the
Inquest Proceedings into a Regular Preliminary Investigation allowing
Respondent to submit evidence for his defense (Issues must be joined within 10
days)
12
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST

PRELIMINARY
INVESTIGATION

13
 PRELIMINARY
INVESTIGATION
Rule 112
Preliminary Investigation
•Inquisitorial not quasi-judicial; Executive function
•Mandatory when more than [4-2-1]
•“Probable Cause to establish a Prima Facie Case with Reasonable Certainty of Conviction”
as a way of harmonizing the Rules and DOJ DC 020
•Prosecutor’s discretion very wide; cannot be dictated by even the SC
•Parties may allow their counsels to participate but not necessary
•Prosecutor may exclude counsel without violating any of their rights
•Affidavits subscribed before Prosecutor or Government Official authorized to administer
oaths, in their absence, Notary Publics (Sec.3.a)
•Within 10 days, dismiss or subpoena respondent (Sec. 3.b)
•Within 10 days upon receipt of subpoena, respondent submits counterevidence (Sec. 3.c), if
none, Prosecutor resolves (Sec. 3.d)
•Clarificatory hearing not mandatory, discretionary on Prosecutor (Sec. 3.e)

15
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST

PRELIMINARY
RESOLUTION
INVESTIGATION

16
Resolution
•Resolution within 60 days, extendible to 90 days
•All investigations, inquest or PI, made by a Prosecutor must be put into writing which is called
a Resolution
•Resolution must have:

Brief narration of allegations made by both parties

Findings of Investigating Prosecutor with legal basis

Recommendation of Investigating Prosecutor
•Resolution must be recommended for approval by the Deputy City/Provincial Prosecutor or
any designated reviewing Prosecutor and thereafter approved by the City/Provincial Prosecutor
•Upon approval of resolution, an Information must be filed immediately
•Motion for Reconsideration may be entertained if so filed within the reglementary period
•City/Provincial Prosecutor may reverse or amend the findings of the Investigating Prosecutor
or even assign the case to a different Prosecutor

17
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
RESOLUTION
INVESTIGATION
SECRETARY OF
JUSTICE

18
Petition for Review
•MTC/MCTC/MTCC: Petition for Review to be filed with the Regional State
Prosecutor which may be elevated to the Secretary of Justice
•RTC: Petition for Review to be directly filed with the Secretary of Justice
•Regional State Prosecutor/Secretary of Justice may reverse, amend and cause the
filing of an Information contrary to the findings made by the Prosecution Office
concerned
•If an Information has already been filed in court, the Accused has 5 days upon
knowledge of such Information having been filed to file the proper Motion in
order to hold in abeyance the proceedings of the case so as to either:

have a Preliminary Investigation if such was a matter of right but not granted, or

Motion for Reconsideration with the Prosecutor’s Office, or

for the filing of a Petition for Review subject to the approval of the court and only for 60 days

19
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
INFORMATION RESOLUTION
INVESTIGATION
SECRETARY OF
JUSTICE

20
Prosecution of Offenses
•Information (Secs. 2, 4 and 6)
•Who may prosecute? PROSECUTORS ONLY (AM 02-2-07-SC)
•All Informations must be filed by the City/Provincial Prosecutor or approved by him or
her and inversely, the withdrawal as well
•Sufficient must be the following (Sec. 6):
a. Name/s of the Accused (Also Jurisdictional)
b. Designation of the Offense (Jurisdictional)
c. Acts or Omissions (Elements)
d. Name/s of the Offended Party (Also Jurisdictional)
e. Approximate Date of the Offense
f. Place of Commission (Jurisdictional)
•One Information, One Offense (Sec. 13)
•Amendment of Information before Plea: Formal or Substantial w/o leave
•Amendment after Plea: Formal Amendment only by way of Leave of Court

21
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
INFORMATION RESOLUTION
INVESTIGATION
SECRETARY OF
CIVIL JUSTICE
ASPECT

22
PROSECUTION OF
CIVIL ACTION
Rule 111
Prosecution of Civil Action
•Offended Party may intervene through a Private Prosecutor (Sec. 16, Rule 110)
•Art. 100 of RPC in rel. to Civil Action deemed instituted under Sec. 1.a
•Civil Action may proceed in another court subject to the reservation but prior to
the presentation of Prosecution evidence(Sec. 1.a)
•If instituted with Criminal Action, filing fee shall be a first lien if moral,
nominal, temperate, or exemplary damages are awarded(Sec. 1.a)
•No filing fee for Actual Damages (Sec. 1.a)
•No counter-claim, cross-claim, or third-party complaint (Sec. 1.a)
•If Civil Action is reserved, Civil Action cannot be instituted until Criminal
Action is resolved; if filed before Criminal Action, Civil Action shall be
suspended (Sec. 2)

24
Prosecution of Civil Action
•If Civil Action may proceed independently (Arts. 32, 33, 34 & 2176 of
Civil Code), reservation not needed but no double recovery (Sec. 3)
•Death prior to conviction: extinguishes liability civil and criminal
except for Independent Civil Actions under Arts. 32, 33, 34 & 2176 CC
(Sec. 4)
•Judgement in Civil Action does not bar filing of Criminal Action (Sec.
5)
•Prejudicial Question

Previously instituted Civil Action

Resolution of issue determines whether Criminal Action may proceed (Sec. 6 &
7)
25
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
INFORMATION RESOLUTION
INVESTIGATION
SECRETARY OF
CIVIL JUSTICE
ASPECT
ARREST With W

26
ARREST
Rule 113
Arrest With Warrant
•Judge’s finding of Probable Cause for the Issuance of Warrant
(Sec. 6, Rule 112)
•Arrest (Sec. 1)
•Time (Sec. 6)
•Method With Warrant (Sec. 7)
•Summon Assistance (Sec. 10)
•Right to Break Into Building or Enclosure (Sec. 11)
•Right to Break Out from Building or Enclosure (Sec. 12)
•Right to be Visited (Sec. 14)
28
 CRIMINAL PROCEDURE

CRIME ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
INFORMATION RESOLUTION
INVESTIGATION
SECRETARY OF
CIVIL JUSTICE
ASPECT
ARREST With W

BAI
L

29
BAIL
Rule 114
Bail
•Temporary liberty
•Corporate Surety; Property Bond; Cash Deposit; Recognizance (Sec. 1)
•Requirements (Sec. 2)
•Matter of Right for all offenses except Capital Offenses (Sec. 4)
•Matter of Discretion (death, reclusion perpetua, life (Sec. 5)
•Grounds for Denial if penalty imposable exceeds 6 years:

Recidivist; quasi-recidivist; habitual delinquent; reiteration

Previously escaped or violated bail

Flight risk

Undue risk that Accused will commit another crime (Sec. 5)
•Petition for Bail (Sec. 8)
•Bail filed with court where case is pending, if unavailable, any judge within the province, city, municipality; if
arrested outside of court’s jurisdiction, any judge within that province, city, municipality where Accused was
arrested (Sec. 17)
•No bail after final judgement unless probation was filed (Sec. 24)
•Bail not bar to question illegal arrest, lack of preliminary investigation (Sec. 26)

31
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
PRELIMINARY
INFORMATION RESOLUTION
INVESTIGATION
SECRETARY OF
CIVIL JUSTICE
ASPECT
ARREST W/W

BAI
L
RIGHTS OF
ACCUSED 32
RIGHTS OF THE
ACCUSED
Rule 115
Rights of the Accused
•Presumption of Innocence (Sec. 1.a)
•Informed of Nature and Cause of Accusations against him (Sec. 1.b)
•Counsel from arraignment to promulgation (Sec. 1.c)
•To testify as witness subject to cross but his silence will not be taken against
him (Sec. 1.d)
•Against Self-Inculpability (Sec. 1.e)
•Confront and cross witnesses against him (Sec. 1.f)
•Compulsory process issued to secure his witnesses and evidence (Sec. 1.g)
•Speedy, impartial and public trial (Sec. 1.h)
•Appeal (Sec. 1.i)
•Other rights as provided for by law and the Constitution

34
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE
CIVIL
ASPECT
ARREST W/W ARRAIGNMENT
AND PLEA
BAI
L
RIGHTS OF
ACCUSED 35
ARRAIGNMENT
AND PLEA
Rule 116
Arraignment and Plea
•Court where case is pending; in open court; Accused furnished a copy of
complaint/information; in a language known and understood by Accused; asking
Accused = G or NG (Sec. 1.a)
•Accused must be present and personally enter plea (Sec. 1.b)
•Refusal to plea or conditional plea = NG (Sec. 1.c)
•Pleads G but presents exculpatory evidence = NG (Sec. 1.d)
•If detained = arraignment within 10 days (Sec. 1.e)
•Continuous Trial Rule (AM 15-06-10-SC) = Pre-Trial immediately after arraignment
unless allowed otherwise by the court
•Private Offended Party must be present (Sec. 1.f)
•Plea Bargaining = lesser offense necessarily included in the offense charged but
with consent of offended party and Prosecutor (Sec. 2)

37
Arraignment and Plea
•Plea of G for Capital Offense = searching questions as to voluntariness and comprehension;
prosecution has to present(Sec. 3)
•Plea of G for Non-Capital Offense = Reception of evidence is discretionary on the part of the
court (Sec. 4)
•Improvident Plea of Guilty = may be withdrawn before conviction becomes final (Sec. 5)
•Right to Counsel (Sec. 6)
•Appointment of Counsel de Oficio (Sec. 7 & 8)
•Bill of Particulars (Sec. 9)
•Production or Inspection of material evidence in the possession of Prosecution (Sec. 10)
•Suspension of Arraignment (Sec. 11)

Unsound mental condition = mental examination

Prejudicial Question

Petition for Review = not more than 60 days

38
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE
CIVIL
ASPECT
ARRAIGNMENT
ARREST W/W AND PLEA

BAI QUASH
L
RIGHTS OF
ACCUSED 39
MOTION TO QUASH
Rule 117
Motion to Quash
•Any time before plea(Sec. 1)
•Grounds (Sec. 3)
Defective information (Secs. 3.a; 3.e; 3.f; 3.h)
Lack of jurisdiction (Secs. 3.b; 3.c)
Lack of authority (Sec. 3.d)
Extinguishment of criminal action or liability (Sec. 3.g)
Double Jeopardy (Sec. 3.i)
•If defective information = amendment by prosecution (Sec. 4)
•If quashal is sustained = not bar to another prosecution (Sec. 6)
•Double Jeopardy not allowed except (Sec. 7):
Graver offense developed due to supervening facts
Supervening facts were discovered only after plea
Plea bargaining was made without the consent of the Prosecutor and offended party
•Provisional Dismissal (Sec. 8)
•Failure to Move for Quashal = waiver (Sec. 9)
•Prohibited Motion when not one of the grounds in Sec. 3 (AM 15-06-10-SC)

41
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE
CIVIL
ASPECT
ARRAIGNMENT
ARREST W/W AND PLEA

BAI QUASH
L
RIGHTS OF
CAM PRE-TRIAL
ACCUSED 42
PRE-TRIAL
Rule 118
Pre-Trial
• Continuous Trial Rule (AM 15-06-10-SC)
• Mandatory (Sec. 1)
• Purposes:
Plea Bargaining (Sec. 1.a)
Stipulation of Facts (Sec. 1.b)
Marking of Exhibits (Sec. 1.c)
Waiver of Objections to Admissibility of Evidence (Sec. 1.d)
Modification of Order of Trial such as in Self-Defense (Sec. 1.e)
Other matters to expedite fair proceedings (Sec. 1.f)
• Pre-Trial Agreement (Sec. 2)
• Non-Appearance sanctioned (Sec. 3)
• Pre-Trial Order (Sec. 4)

44
COURT ANNEX
MEDIATION
Court Annex Mediation
• Voluntary process for settlement under the pain of court proceedings
• Philippine Mediation Center
• Mediator
• Cases covered :
 All civil cases except those which cannot be compromised
 Special proceedings for settlement of estates
 Civil aspect of Quasi-Offenses
 Civil aspect of criminal cases where penalty does not exceed 6 years and offended party is
a private person
 Civil aspect of theft (not qualified theft), estafa (not syndicated or large scale) and libel
• Mediation fee
• Judicial Dispute Resolution (JDR)

46
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE
CIVIL
ASPECT
ARRAIGNMENT T
ARREST W/W AND PLEA
R
BAI QUASH I
L
RIGHTS OF
A
ACCUSED
CAM PRE-TRIAL L 47
TRIAL
Rule 119
Trial
•Continuous Trial Rule (AM 15-06-10-SC)
•Regular Cases = Trial – 6 months (180 days); Promulgation – 90 days
•Drugs Cases = Trial – 60 days; Promulgation – 15 days
•Environment Cases = Trial – 3 months; Promulgation – 60 days
•Intellectual Property Cases = Trial – 60 to 120 days; Promulgation – 90 days
•If Referred to Mediation = additional 30 days
•One day-One witness Rule
•Order of Trial (Sec. 11):

Prosecution – Cross by Defense; Re-Direct; Re-Cross

Defense – Cross by Prosecution; Re-Direct; Re-Cross

Rebuttal – Cross by Defense; Re-Direct; Re-Cross

Sur-rebuttal – Cross by Prosecution; Re-Direct; Re-Cross

49
Trial
• Several Accused – Joint Trial (Sec. 16)
• State Witness (Sec. 17 & 18)
• Exclusion of Public (Sec. 21)
• Consolidation (Sec. 22)
• Demurrer to Evidence (Sec. 23)
Ground = Insufficiency of Evidence
If Demurrer with Leave of Court is Denied = Defense may present evidence
If Demurrer without Leave of Court is Denied = Defense waives right to present
evidence and Court may decide based on Prosecution Evidence
• Re-opening of Cases (Sec. 24)
50
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE PROBATION
CIVIL
ASPECT
ARRAIGNMENT T JUDGMENT
ARREST W/W AND PLEA
R
BAI QUASH I
L
RIGHTS OF
A
ACCUSED
CAM PRE-TRIAL L 51
JUDGMENT
Rule 120
Judgment
•Decision(Sec. 1)
•Contents (Sec. 2)
•Conviction
Legal qualification of the offense + aggravating or mitigating
Participation of Accused in the offense
Penalty
Civil Liability, if any
•Acquittal
State whether the Prosecution absolutely failed to prove guilt of Accused or merely failed to prove guilt beyond reasonable
doubt
Civil Liability, if any
•Promulgation (Sec. 6)
•Modification (Sec. 7)
•Final (Sec. 7), except for Death penalty imposed:
After lapse of period for perfecting Appeal
Judgment has been partially or totally satisfied or served
Accused waived right to Appeal in writing
Applied for probation

53
PROBATION
Probation
•No imprisonment but convict will be under the supervision of Probation Office
•Probation is not a right
•Only for first-time offenders
•Disqualified for Probation

Imprisonment for more than 6 years

Crime is against National Security

Previously convicted for crimes of not less than 1 year and 1 day and/or fine of not less than Php200.00

Availed of probation already

Those serving sentence

Conviction is on appeal

Conviction of Omnibus Election Code, Insurgency Law, Wage Rationalization Law
•Probation not automatic
•Filed before finality of judgment
•Duration is not more than 2 years when imprisonment is not more than 1 year; or not more than 6 years when imprisonment is more
than 1 year
•Conditions:
Report to Probation Officer within 72 hours upon receipt of order from court
Report to Probation Officer at least once a month
Not to commit any offense
Cannot leave jurisdiction of court

55
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE PROBATION
CIVIL
ASPECT
ARRAIGNMENT T JUDGMENT
ARREST W/W AND PLEA NEW TRIAL/
R RECONSIDERATIO
BAI QUASH I N
L
RIGHTS OF
A
ACCUSED
CAM PRE-TRIAL L 56
 NEW TRIAL OR
RECONSIDERATION
Rule 121
New Trial or Reconsideration
•At any time before finality upon Motion of Accused or at Court’s instance but with consent of
Accused (Sec. 1)
•Grounds (Sec. 2)

Errors of law or irregularities prejudicial to substantial rights of Accused committed during
trial

New and material evidence were discovered but could not be produced or presented with
reasonable diligence during trial
•Notice and Hearing (Secs. 4 & 5)
•Effects if Granted (Sec. 6)

New Trial on Errors of Law or Irregularities = all affected evidence set aside and new
proceedings to be taken; new evidence may be considered

New Trial on Newly Discovered Evidence = all evidence already adduced shall stand and
newly discovered evidence may be introduced

In all cases = original judgment shall be set aside or vacated and new judgment shall be made

58
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE PROBATION
CIVIL
ASPECT
ARRAIGNMENT T JUDGMENT
ARREST W/W AND PLEA NEW TRIAL/
R RECONSIDERATIO
BAI QUASH I N
L
A
RIGHTS OF
CAM PRE-TRIAL L APPEAL
ACCUSED 59
APPEAL
Rule 122
Appeal
•Any party unless Accused will be placed in Double Jeopardy(Sec. 1)
•Where to Appeal (Sec. 2)
To RTC if from MTC/MCTC/MTCC
To CA if from RTC, Even to SC for cases provided for by law
To SC if from CA
•How Taken (Sec. 3):
Notice of Appeal with court that rendered judgment – to RTC or CA
Petition for Review under Rule 42 – to CA for RTC (appellate jurisdiction)
Notice of Appeal with court that rendered judgment – to SC for death, reclusion perpetua or life
No Notice of Appeal in Death – automatic review by SC
All other appeals – Petition for Review on Certiorari under Rule 45
•Effects of Appeal when Several Accused (Sec. 11)
Not affect those who did not appeal
Appeal on civil aspect does not affect criminal aspect
Execution of judgment shall be stayed as to the one appealing

61
 CRIMINAL PROCEDURE

CRIME

ARREST W/O W COMPLAIN CBU IF FILE W/

T NEEDED PROSECUTION
OFFICE

INQUEST
REGIONAL STATE
PROSECUTOR
RESOLUTION PRELIMINARY
INFORMATION
SECRETARY OF INVESTIGATION
JUSTICE PROBATION
CIVIL
ASPECT
ARRAIGNMENT T JUDGMENT
ARREST W/W AND PLEA NEW TRIAL/
R RECONSIDERATIO
BAI QUASH I N
L
A
RIGHTS OF
CAM PRE-TRIAL L APPEAL
ACCUSED 62
PROCEDURE IN THE
MUNICIPAL TRIAL
COURTS
Rule 123
Procedure in the Municipal Trial Courts

•Uniform with RTC

64
PROCEDURE IN THE
COURT OF APPEALS
Rule 124
Procedure in the Court of Appeals
•Appellant – the party appealing; Appellee – the adverse party(Sec. 1)
•Appointment of Counsel de Oficio by Clerk of Court of CA (Sec. 2)
Accused is confined in prison
Accused is without counsel de parte on appeal
Accused signed Notice of Appeal himself
Accused may request within 10 days upon notice to file brief
•Appellant’s Brief:
Within 30 days(Sec. 3) from notice to file
•Appellee’s Brief:
Within 30 days(Sec. 4) from receipt of Appellant’s Brief
•Appellant’s Reply Brief:
Within 20 days(Sec. 3) from receipt of Appellee’s Brief but only on matters raised by Appellee but not
covered in Appellant’s Brief
•Prompt Disposition of Appeals (Sec. 9)
•Judgment not reversed, modified except for Substantial Error (Sec. 10)

66
PROCEDURE IN THE
SUPREME COURT
Rule 125
Procedure in the Supreme Court
• Uniform with the CA (Sec. 1)

• If SC En Banc is equally divided, majority

cannot be had, case shall be again deliberated. If
still divided, Accused shall be acquitted (Sec. 3)

68
SEARCH AND
SEIZURE
Rule 126
Search and Seizure
•Search Warrant (Sec. 1)
•Any court having jurisdiction of where crime was committed or, for compelling reasons, any
court within the judicial region where the crime was committed or where the warrant shall be
enforced but if criminal action is already filed, only by that court where it is filed (Sec. 2)
•Requisite for Issuance: Probable cause (Sec. 3)
•Right to break door or window to effect search (Sec. 7)
•Search in presence of occupant or any member of his family, in their absence, 2 witnesses of
sufficient age, residing in the same locality (Sec. 8)
•Time (Sec. 9) – daytime unless stated in the SW it can be done at night
•Validity – 10 days (Sec. 10)
•Receipt and Inventory (Secs. 11 and 12)
•Certificate of Orderly Conduct of Search (Sec. 12)
•Search Incidental to Lawful Arrest (Sec. 13)
•Motion to Quash a Search Warrant or To Suppress Evidence (Sec. 14)

70
 PROVISIONAL
REMEDIES IN
CRIMINAL CASES
Rule 127
Provisional Remedies
•Similar remedies in Civil Actions may be availed of when Civil Action is deemed instituted
(Sec. 1)
•Provisional Remedies:
Attachment (Rule 57)
Injunction (Rule 59)
Receivership (Rule 59)
Replevin (Rule 60)
Support Pendente Lite (Rule 61)
•Attachment (Sec. 2)
Accused about to abscond
Criminal Action is based on a claim for money or property embezzled or fraudulently
misapplied or converted
Accused has concealed, removed, or disposed of his property, or is about to do so
Accused resides outside of Philippines

72
 CRIMINAL PROCEDURE
The law holds that it
is better that 10
guilty persons
escape, than that 1
innocent suffer.
William Blackstone, 1769

73
 PRESENTATION TITLE
The Glorious House of the Beta
Sigma
Lambda
THANKS YOU ALL!!!

74
15/08/2023 75

ASSALAMUALAIKUM
CRIMINAL PROCEDURE

from
marshmallowscarf.ph

A.G. Alonto
[email protected]