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Notes in

CR3" MNAL PROC DU Rf.


:


Co vs. Plata, 458 SCRA 326; Mabutas vs. Perello, 459 SCR Positive Law, C ^ ,-sifi;
1
va-
f;
)
8468, j Jan. 28, 2003, and the other
.
J
<
A
2.
^styif /X ' X-^M' {Sir v~tW.
Substantive low-"generally refers to the enactment ui the legislative branch of the gove which define the rights
and duties of persons wn! m iht: territorial jurisdiction of
fcU
- However,, there are
acts of Congress which are regai'icd tJ:>rocedui Land registration. ^ 'A.
twV'
1

,
ipk.\c.H .

2
rnment,
) state,
law or.
the
al, like for example ou bing the manner of enforcing
Remedial or procedural laws-'refers the rules of procedure prescr such riahts and duties of persons.
Territorial jurisdiction- Territorial jun:,dKli<>n .......................... . . <
"Court where the lower courts may Lake cuijihV.uk.i: < accused.
t refers to the place where-- (hcj nflcu-.i: ui . t is determined by
the allegations of the cuiupl.nni ui Over the jjerson of the
accused- jurisdiction over Lh<u
arrest or upon his voluntary appearance, submi COURTS
AND RESPECTIVE JURISDICTION IN CRIMINAL CASES ilory as
fixec by the Supreme e allegedly committed by the lemeni:-' has been committed

1. Supreme Court
1
u p
1. appeal by notice of appeal from Regional Trial Court or Sar involving
offense for which the penalty imposed by the tria life imprisonment
and those involving other offenses whict arosecnlFoTTfTe same
occurrence or which may have been the same occasion,
Automatic review in criminal cases where the death penalty is "cou7Fo?
l^Tr'S'aTrdTgnE^ayan, has been abolish

i!u !hvj le
liy lie offens ny
oil'..
1
of its e nioi
motion. iv
person of the
ng himself to its juri l-ir
accused is acquired upon his sdiction,
diganbayan in crimina cases :ourt
is jeclusion jaeraiiLua or , although
not so punished, Committed by the
accue seel on
al trial
imposed by the Regior
.
a. Exclusive jurisdiction ov^'r^dnvjui wit- .-.^oin- or (fviore of the accused
is belov
1
eigh^o^'.e.acs_S3Lage!MLjl3.i je.'-'jjJinu nine ye-::u; oTogjp,.. -- "
b. "Excfusive original jurisdiction in criminal mses uvhonfone or m
at ttie time of the commission of he ulfenee.
^
N.B: f the minor is found guilty, the couri shall promulgate se liability which the
accused may have inclined. However, the s without need, of application pursuant to
Presidential Decree No welfare code


3. National and regional state prosecutors.
4. Other officers as may be authorized by law (R-112, S-2)
orp
1
of the victims is minor
itence- and ascertain in civil
ended
youth
,
their respective territorial
?
i>r
the
least
court
2. Where no nrelimin.irv in i/es tig a I to n i s / ' i j i u r c c / ., i !i : w.i'.pl.nnt uj information cits ccll^ with the
s
Murifcipal Ti'ial
Coui't orYlunicipal Circuit Trial c oi:rt'. or imp m.-ilnint with (lie office ol th]3roseu~'
'.hall lie filec
2.a. n Manila and other chartered citiu';. unless otherwise provided in their charters.
2.b When is preliminary investigations(hol i uymi ed.^>
Z.bi" When the penalty prescribed by law is [gor ycas,.}t-w-Ormo,;it^s-aidflwerv 2.b2 Offences subject
to the rule on 'uimm.iry procedure. 2.b3 Wheie the accused is lawfully
iincslcd wil.h_out warrai requires a preliminary
investigations, the complaint r information maybe filed
prosecutor without the need -of. such investigation '(proyidpa an ____________________ inquest ha;
conducted.("Rule 112, Section 7)
How does the institution of the criminal affect the prescription.
The institution of criminal action interrupts the running of the period of prescription of the
charge unless otherwise provided in special laws,
s the .period of prescription affected if the crimina! action is filed in the baranqav?
Yes, the prescriptive period for the offense changed shall be interrupted upon the filing
complaint with the punong barangay, But it shall resume upon receip certificate or
repudiation, or certl.fi.cate._Jx!.. file action by the lupon o interruption,however^shaH
noty^xceed 60 daivcs-from the filing of thejSQm, Pa m barangay Law.) .
/

What is the prescribed torn; of a corn.p'a-iVL or inrorrnation? ,
The complaint or information shafbwriting, in the name of the people,of the Philippines and jagainst all
persons who appear to be responsible for the offense involved. (S.2 ).
Suppose the information wss brought not in the name of the ,pe op :.j; of the Philippines, be quashed.
No. because the defect is merely formal and may be cured at any stage of the trial for a motion to quash to prosper on
the ground of defect*"in form, it must fail to confirm [substantially to the prescribe form.
x
nay it
May the information be quashed on th? around that t does not-cha;
responsible for the offense involved?
No, because the prosecutor has tba_ discretion ( to determine who should be charg
information., . . .' v . .
' However, if he abuses his discretion by refusing to Jn.cjj.jd.e_in the charge as a co accused despite
sufficient evidence therefore, he car, be compelled by <ffanda mus ...-as. the fiarne amount to a deliberate refusal to perform a
duty enjoined by law.
_the..
Woo may demand the inclusion of such, s&erson?
i W
\1. Such inclusion mayAdemanded by those already charged in the information; 2. The offended
party may demand such inclusion.
What are the remedies of the offended ,partv where the prosecutor refuses to charge a person
despite the fact that the evidence warrants such action. Answer: Regalado, pp.'270-271; Herrera, pp.
of the
of
the
,Siih
xingan
: by the complainant panglcat secretary. iLain-t( sec. 410-c, Ka ta
.. . j ..
s who appear
:or.
ecutor, with office of the pros : ,' 11
t, involving an offenc4 which
by tiie _heen
Dffense
May
1
injunction issue to restrain crimi nal prosecution?
The general rule is that criminal prosecution may no' be icstrai because public interest requires that criminal acts be immediately
invt protection of society. However, the following the exceptions:
Herrera, pp.48.
What is your concept of a criminal complaint?
v
A complaint is a sworn written statement charging a person with sn offense,
subscribed offended party, a peace officer or other public officer charged with enforcement of the law violated.
NOTE: The complaint contemplated under this Rule is one filed in court to commence a c action in those cases
where a complaint of the offended party is required by law, such in some against chastity, instead of an information
which generally by the prosecutor. This should be dist from a complaint filed for the purposes of
preliminary investigation which unless the offense charged cannot be prosecuted de oficio.
How wiil you define, an information 'u -
An information is an accusation in writing -charging a person with an offense, subscribed prosecutor and filed with the
court. (S.-4).

1. (A complaint'is subscribed by an offended party, a..peace officer or a public officer charged v u enforcii'nent of the law
violated, while anfinformation.'is subscribed byj a government prosecu
2. cA com plaint',
1
must be sworn by the offended p a rty,_by. peace officer or public officer charged with jfte enforcement of
the law violated, while 'an^i reformation Vieed not ;be sworn by the govet ''
v
prosecutor who must, however, certify that a
prWiminary investigation has been conducted,
,-prirne--has,b.een committed and that the accused is probably guilty thefeof. 'u;u 3..complaint 'is filed with the office of
the government prosecutor or the municipal trial court or u mBmcfpaFcircuit trial court for preliminary
investigation,...ox.. ...direct y with the court where the offense charged cannot be prosecuted de oficio, an finformationyis
always filed directly w -court.
%

iminal
crimes
nguish
person, may be filed by any
by the
ied or stayed by inju
stigated prosecuted
iction,
the far
by the
Differentiate as complaint from an information.
n merit
that a
ith the

ust be
public
rn the
cou rt
Once, authorized to prosecute the criminal action, the private pre
.sedition shall cont prosecute the case up__tothe end of the trial evon^ m
autho
rity is
revoked (if ot her wise withdrawn. (ibid)."
What is the scope of the, authority of the public prosecutor to control and direct the pros of a criminal action? ^
1. The public prosecutor determines what case should be filed
2. He determines who should be prosecuted';
3. He directs and controls the manner of prosecution.
4. He may withdraw the information without notice and hearing before arraignment. 5. He may cause the
amendment of the complaint or information in form and substance withou
of court at any time before the accused enters his plea,
6. He may determine what eviddhce to adduce to bolster a successful prosecution of a criminal
i !
What is the effect if trial in a criminal action proceeds notwithstanding the absenc
nue lo
ib -once of a public prosecutor unless the
ecutor
t leave
action,
of the
e
information or complaint has been filed in court. But he cannot impose his opinion on the trie. The court has the sole power on what to do -with the case before it.' Any
disposition of tt whether it should be dismissed, or whether the accused should be conyictecl or acquitted, reS|t within the
exclusive jurisdiction and province of the court. ( Cresoo vs. Moqul.151 SCRA --162.)
) and concubinage cannot be
Compliance with this rule has this
is mean jurisdiction over sding. t is
not the complaint which is the
subject matter is 11. 2 002).
However, the complainant must
have the status, capacity or
legal representation to do so at the
time of the filing of the criminal action that, is, the complainant is legally married to the offending spouse at he time the
complaint was filed,
What is your'concept of private crimes. , ..-'
("Private-crimes': refers to felonies which cannot be prosecuted except offended"
partyTTrivate crimes include (1) adultery and concubinage; 92) of lasciviousness; (3)
criminal action for defamation which consist in the seduction, abduction or acts of
lasciviousness.
N.R: 'Rape is not a private crime anymore in view of Rep. Act. No. 8353 which took
effect on Oct. 22, 1997 reclassifying rape as a crime aga prosecuted even without the
complaint of the private offended party.

These felonies are prosecuted upon the complaint of the offended minor.
But if the minor offended woman not or cannot file the complaint for the outrage, her
p; grandparents, or iegal guardian, successively in this orders of preference,!may file the
action.
f the offended minor woman dies or becomes incapacitated before she can file the
cornplai she-has no known parents, grandparents or guardian, the state shall initiate the
criminal action behalf.
'However, if the offended woman is of age she alone, and no others, may file a complaint. Suppose the offended
woman is a minor, she has no known parents, grandparents or
guardian, but except for her minority age -she suffers from no other incapacity to f

Under Art. 344 of ihe Rev. Penal Code, the ciini-s oi adultery prosecuted except
upon a sworn complaint filed by l lie oi:-.:nded spouse, been hold to be jurisdictional,
and not merely foinu-il requirement. By the case, because t is the complaint which
stars the piosecurory proce which confers jurisdiction on the court over the prosecution
of the crime vested by the judiciary law. ( People vs. Dela Cruz, G.R. No. 135022, July
jpon complaint of the private
seduction, abduction, or acts
imputation of the offenses of
The Anti-Rape Law of nst
person and can n
1997,
ow be
riviousnass prosecut id. -How are the.nrivafce crimes of seduction, abduction and acts of las
woman, even if she were a
rents,
it and
in tier
eg a
e the
i
lit not
nded
n the crimes of seduction, abduction or nets of ke-civiousrier y, .who may extend pardon to .the offender,
1. Of the offended woman is of age and n-.f niherwi'.e incapacitated, she alone can extend a valid pardon which wouid
absolve the offentio! iiom air.' criminal lichtii'cy for said offenses.
2. The offended minor, if with sufficient dr.action, may validly pardon the accused by hjerself if she has no parents, or
were the accused is tier father and her mother is dead.
3. With conformity of the minor offended woman, her parents, g may extend a valid pardon to the
offender
What is the effect of death of the offended spouse in the crimes of adultery or concubina
1. f the death of the offended spouse took place before the filing of the complaint, his de^th bars further
prosecution.
2. f the offended spouse died after then filing of the complaint, his death will not present the proceeding from
continuing to its ultimate conclusion.
n the complex crime' of rape with forcible abduction, in a complaint filed by the offended party
ount to
necessary to start the prosecutory process, (see regalado p. 294)- no, p private interest.
N.B. the crime of defamation for imputing on the offended party the crimes of concubinage, ddultery, seduction, abduction, rape,
acts of lasciviousness can be prosecuted only by the party or parties defamed.
Suppose in the course of a heated argument, Pedro in the presence pf many persons, calle<jl Juan a rapist for having
alleged, rape several young woman in their town. May Saigio, cousin of Juan who heard the imputation, charged Pedro with
defamation before the court?

Section 6 - Sufficiency of complaint on information. u,u
A complaint or information is sufficient if it states the-mame of the accused; the designatio offense given by the statute; tliSacts or omissions complained of as
constituting the offense'f^the the offended party; th^^proximate date of the .commission of the offense; and th&^place wh
offense was committed.
Rule 110-'Section 6 ~ Sufficiency of complaint or information
MOT'

andparents or legal guardian
:;e?
jblic interest is pararr
Suppose Pedro called Juana, a married woman, a prostitute, therebyiimpiiedly imputing adiltery on her. s a sworn complaint of Juana
necessary to charge Pedro with defamation? (Regalado pp. 29<j-295) Yes, because prostitution is a public crime. . . f a
n of the
lame of
ere the
!
1
A . 'An information is sufficient as long as it :*.:*. :i statutory designation of the
offense and the acts or omission constituting the same. r. v. hi.- vise sufficient if the lime averred is rear the actual date as
the information of the pm-.i'Mih.-i officer will permit. ( People vs. Cufamora, supra.)
5. An information is deemed sufficient if it states, -,mong others,
f
he designation of the offense
given by the statute and the acts or omission complained of Flores, etal. Vs. Layosa, eta!., G.R. No. 15-17H, Aug. 12, 2004.0
6. However the designation of the offense by making reference to the section or subsection of th


u2. Although the qualifying circumstances .that.the victim was under 18 years old and the offencer was her guardian and have been
duly proven these circumstances cannot be appreciated against the accused for purposes imposing the death penalty, because
thc^y were not alleged in the information to consider said circumstances as qualifying would constitute denial of the right! of th
as constituting the offense. (
e
ne nature and characte
( bid.)
r of the
which the accused stands charged and for which he must be tried. ( U.S. LM S Phil.273.)
8. The test of sufficiency of information is whether it enables a person of common unders to know the charge
against hirn, and the court to render judgment property. ( Pec Lab.eo, G.R.No.133438, jan. 16, 2002.)
9. The purpose of the rule is in order not to violate the accused's constitutional rig T properly informed of the
nature and cause of the accusation-against him, and to allow
accused to due process and to be informed ui NO. 132378, Jan. 18, 2000.)
specify the qualifying f the prosecution fa

cannot consider any of them even if the same was proved at
the trial. NOS. 137274-75, OCT. .1.8, 2002.)

4. Sections 8 and S of Rule 110 of the Revised Rules
on Criminal Procedure, which took effect on
December 1, 2000, now require the qualifying as
well as aggravating circumstances tp be expressly
and specifically alleged in the complaint or
information otherwise the same will not be
considered by the court even if proved during the
trial, (people vq. Costales, etal, G.R. }Nos. 14115-
56, Jan. 15, 2002.)
5. The requirement for complete allegations on the
particulars of the indictment is based on the right of
the accused to be fully informed of the nature of
the charges against him so that he may adequately
prepare for his defense, pursuant to the due
process clause of the Constitution. (Ppople vs.
Dante, G.R. No.127652, December.5, 2001.)
Rule 110, Section 9 -
Cause of the
accusation
MOTES
1. The information need not use the language of the
statute in stating the acts or omissions complained
of as constituting the offense. What is required is
that the acts or omissions complained of as
constituting the offense must be stated in ordinary
and concise language to enable a person of
common understanding to -know the offense
charged. ( People vs. Cadampag, G.R. No.
148144, Apr. 30, 2004.)
2. Section 8 and 9 of Rule 110, as now revised, both
require that; qualifying and aggraf. circumstances
should be alleged in the information, Both
oircumstarjces should be express y and specifically
alleged in the complaint or information, otherwise
neither would be considered l^y the court even if
approved during the trial. This doctrine applied to
all orirrjinai cases.
3.. Suppose the public prosecutor omitted to allege in the
information, eitjher aggravating or que
e.irger against nii}n. ( People vs. Villor, C.f
allege such aggravating or qualifying circumstance in the information or complaint, the court
c
( People vs. Dam Ave, G.R.
lifying
upon
circumstance, may the information be amended to
supply the omission.
a. Before arraignment the omission may be remedied by
amending the information motion.
J
. j
b. After arraignment the omission may
be supplied by amending the
information with have of court
provided the same would not be
prejudicial to rights of the accused]
since amendment, would be a formal
one; otherwise the victim pf the crime
might be denied the full measure of
justice through official negligence or
inaptitude. (Regalado, p. 600.)
!

Section 10,- place of the commission of the offense,


Venue in criminal cases is an-essential element >;
'''jurisdiction.
<
The court, however, may take judicial notice that
the place where the crime was committed, or some of the
essential elements of the crime took place is within its
-territo ria1
1
jurisdiction.
Where the place of commission is an essential
element of the crime - robbery in an inhabited place, public
building or place of worship; or is necessary to identity the
offense -- destructive arsbn, the place of-commission must
be alleged with particularity.
Section 11.- Date of-the commission of the offense.
t is not necessary -to state in the complaint or information
the precise the offense was con unless such date is an
essential element of the offense, such as in election related
offenses, inffc where the victim must be less than three
days. The rule requires that the' allegation be only as
possible to the actual date of the commission of the crime.
rnitted,
riticide
hear as
I
Section 12 - name of the offended party.
-low should the offended party be designated in the complaint or inforrhation
i
1. The complaint or information must state the name and surname of tljie person against whom or against whose
property the offense was committed.
2. f the name and surname of the offended party is unknown, he should be designated by any appellation or
nickname or alices by which he is known.
3. f the offended party cannot be identified by any better way, he must be described unqer a fictitious name
4. n crimes against property, if the name of the offended party is unknown, (lie property must bo described with such
particularity as to property identity the offense changed.
5.
6. There is duplicity of the offenses when the complaint or information charges more than one offense, except
when the law prescribes a single punishment for various offenses. Thus, a comprint or information is defective when it charges
two ore'offenses.
7. i'
8. What is the purpose of the Rule.
9. The purpose of the rule is to give the accused the necessary -knowledge of the charge to enable
10.
11. fjv of fcho syscissst? the: ; :pi(ii
!
it or ..hifor.n'^jy;'. _chara 3S tv-.'o, cu-
12. The accused should move to quash the complaint or information before_ he .infers his
Otherwise, the flaw in the complaint or information is denied waived, and the;accused
can be convic as many offense charge.and the prosecution is able to prove beyond
reasonable doubt. --1 . ,
13.
1. more
2. him to prepare and prove his-offense. The prosecution should not heap upjm the accused two or
4.
5.
7. .
I
20.
21. As a public prosecutor you are confronted by a delicto ;"i.iinuado com mil l ecJ by Pedro. Hov\
information's would you file against him. Why
22.
24. 24.
25. Where the allegations of the crime or are
26. different counts specifying the acts of perpetration of the same crime. There is no
duplicity. There is likewise no duplicity when the other offense or essential element of the
realj_afense charged as when the several acts-stated are related in describing the
offense, (People v. Camerinq, et, Al, 108 Phil, 79.).
29. When ma v an information be substituted with a new one
30.
9. ?
12.
13. The exception to the rule against duplicity refers to the
complex Revised Penal Code wherein a single penalty is
imposed arid the special crimes penalties therein. (Arts.
266-B, 267, 294, 297 and 320, amended), acts imputed to
the accused are only to show the modes of commissior
16. co
m
pl
ex
cri
m
es
or
co
rp
po
sit
e
17. of
th
e
m
er
el
y
18. ?
38. e, jeopardy; whereas substitution
requires or piv different offense
which does not include or is not n
the accused cannot claim double
jeopardy.
39. What are the essentials requisites in order that an evert after
arraignment?
40. that Hie
41. u".:.'c!i :iy includec
42.
23.
24. mendment of
information
may be a
26. new information invi in the original charge,
27.
53. Suppose A killed B on board the MV Marina which v. sailing from i^anila Bay on its voyage to
Zamboanqa City, A criminal .action for, morder ".vs-s'i instituted
57. The motion to quash the information should be denied, because in gffense committed on board a vessel in
the course of its voyage, the proper court is the court in the jfirsl port of entry or of any municipality or territory through which
the vessel passed during such voyage subject to the generally accepted principle of international law. Where the crime was
actually comrrjitted is immaterial, where the crime is committed while the vessel is in transit, which means while passipg from
on place to another in the course of this voyage.
58. (^\JS-<KJU O^jl K. SiTtt-Cfl. oin^rvbu
Lot^ve^ Txe. C-KS f+ u<:
59. ia^^vs. a^-f^-c-ti -i
0
f
H
1
60.
x
rr Ffitt-.d VYvTt^v^c, n^pL f (twc
61.
62. u2. Under par.(b) the aircraft must be in flight within the territory of (lie Philippines when tl was committed, otherwise the rule
in par.(d) applies:
63. 2-a, n case of train or other land vehicle, the offense must be committed while the! same is in
motion. f the train or land vehicle is stationary in an intermediate stop or station, the rule in par.(a) governs. ,
(
64. j
65. 3. -Par. (c) applies where the offense is committed in the course of fi voyage of a Philippine vessel within Philippine
territorial waters,
66. 3-a. However, the port or point of departure is not included as an alternative venue u
67. 3-b. Where the offense is committed aboard a Philippine (vessel while navigating outside Phil.
Waters, the rule in Par. (d) applies, as this one of thds cases where phil. Courts have
extraterrestrial jurisdiction
68.
30.
31. .
77.
78. ic-gardless^of whether oi on the has sc-i ved his senium u mjh .r-.iiin| ul depriv ition 01 libeily or
other rights " Art, 113,R.P.C.
79.
law, quasi-delicts, and international torts. ( See reverse of oppo
37. ) 38. aris
e
fro
m
acts
or
on
u
ite
pag
e.)
98. e5. Counter - claim, cross-claim, third party complaint
ai<- not allowed a separate civil action to recover tine
same.
99.
shall!be deemed instituted criminal action.
101. Thus, civil liabilities arising from intentional torts under Arts. 34,33, and
34 of the Civil Code, or arising from quasi-delict under Art.2176 and 2177, or arising
from culpa contractual are not deemed instituted with the criminal action and may be
proceeded separately and independently of the (criminal action. These civil liabilities are
beyond the coverage of Rule 111/
102. However, the offended party cannot recover civil damages twice for the
same act or omissio
103. vith the
104. What effect has the institution of the civii action with the criminal action to
recover t
105. liability arising from the offense charged on the employer of the offender?
106. As the employer is in substance and effect, a party in the criminal action
against his employee, the
107. -employer would be subsidiarily liable, as imposed on
him by law, for the civil liability adjudgec ucourt on the
employee
108.
109. What s hould
the
offended .
-Knrty .prove to
hold
:
liability,
-established
against the e m
p to yea? ^, ,
m. emplover
subsidiarity
liab
le
for
ti
5,
x

!"
10. What civii liabili ty is deemed instituted with the crirr.ittal action?
13. .
110.
111. 1. -Existence of
employer-employee
relationship; u2. That the
employer is engaged in some
kind of agency;-
3. That {he employee is adjudged guilty of the wrongful act and found to have
committed the joffens in the discharge of his duties (not necessarily any
offense).
15.
4. The said employee is insolvent.
112. May consolidation of civii actions with the criminal .action. be..^low4<j...where
the civil action is not to enforce civil, liability arising from a crime?
113. A court may order several actions pending before it to be tried together
where they arise from the same act, event or transaction, involve the same or similar
issues, and depend largely or substantially on the same evidence; provided, the court
has jurisdiction over the -case to bej -consolidated and that a joint trial will not give one
party as undue advantage or prejudice the substantial rights of any of the parties,
114. it necessary theft onsol?rf;:t!oji of the civil 1 crinJii
115. jurisdiction over both cases
116.
118.
17. ?
21.
I
124. f the accused /s
acquitted on the ground
that nis quilt has not been
proved beyond reasonable
125. m
o
re
126. committed, his acquittjs
127. Suppose the court finds that the quilt of the accused had not : been established beyond
128. 2d bars
129.
130. liability of the accused in the same judgment of acquitted.
131. n the case of Padilla vs. Court of Appeals, 129 SCRA and subsequent case, the Supreme Courts 'hold that the
court may award civil liability in the same judgment even if the accused if acquitted, n other words, despite the acquitted of the
accused, if the act of omission from civil liability might c rise in fact exist and the acquit of the accused not been demonstrated
beyond reasonable doubt, then the court should award the civil liability, in focus of the offended party in the same
criminal action.
132. Under these circumstance the duty of the court to adjudge and award civil liability in
133. acquitted may be compiled by mandamus. $
/yiJ^^UcJ^ rf sf-f^[.-c
134. n what instances may the-court award civil iiahiiity despite acquitted accused
1. Where.the acau itta is based on reasonable doubt-f"
2. Where the decision contains a (9gcla ra tip rujt.h at'the J jab i i tv of ...the a cc j i secis..riot, criminal but only civil;
.,,------------
3. The civil liability is tjpt derived Jrom^pr,bas..ed...o.n_the -criminal act of which the accused is acquitted.
135. n what instances may a civil action proceed independently and separately from the criminal action.
136. / / / s
137. n cases covered by Articles 32,33,34 and 2176 of Civil Code, the independent civil action brought by the
offended party shall proceed separately and independently of the criminal action. The civil action requires only a preponderance
of evidence. But the offended party cannot recover damages twice fc r the same act or omission charged in the criminal action.
(Sec. 3, Rule 111).
138. A/hat jsjthe effect of death of the accused on the-ciyii action based on the offense charoedV
139. 1. Where death .of jfogLaceuseri,-occur^after his airaignm jijP and during toe pendency of the criminal
140............................................................................................................................................................................ action ,, his death
shallfextina^iph .his civil JiapVlW'SnSi'nq Tor the crime charged. ,.................................................................................
141. 2. Where the accused diesQjefore arraignment, the criminal action shall be ^dismissed' without
I
S
22. doubt, his acquitted/ will not bar recovery of civil liability
which may preponderance of evidence.
23. But if he is acquitted because the court finds thai no
crime has been recovery of civil liability.
26. reasonable and accordingly renders judgment acquitting him. Ma y the court adjudge th
28.
I
142. prejudice to any civil action the orrenafed party may file against the estate of the deceased." j 3. Whore' the
-accused dies^cTurTng the pendency; of his appeal from the 'judgment of conviction his death extinguishes both 'his
-ciTmrrTaT^ancTavil liabilities,( Regalado,p.$9J), But the civil liaaility mjJsLbe one'cfrectly arising from and based solely on
the offense committed, that is civil liability diet iri sense strict ore. (bid).
143. N.S: 1. The claim for civil liability survives the death of the accused if it is predicated uppn a sotirce of obligation
other than a delict. (bid ),
144. 3. An action for the recovery of the surviving civil liability, not arising from delict, may be pur:
145. jonly by filing a separate civil action against_the executor/,administrator or estate of the aecusec
I
S
I
146.
147. S u p Dose '3 final j udomenf is rendered in a civil act jo n absolving the defendant from ciyjj
iin])ility, what effect will such favorable judgment have on the c i iminal action
148.
151. 3m civil liability is not; ct of the civil action,
152.
1. Before a criminabaction is filed for trial, a petition for suspension of the criminal action in action may be filed in the
office of the prosecutor or the court conducting the preliminary investigation.
2. After the criminal action has been filed in court for trial on the merits, be filed in the same criminal action at any time before
the prosecutio'
153. What is your concept of a prejudicial
question? ^ b
154. a
civil
155. 1. A prejudicial question has been defined as one based on a fact distinction and separate from the crime but so
intimately connected with that it determines the guilt or innocence of the accused, and for it to suspend the criminal action, it
must
156. appear not only that said case involves facts intimately related to those upon which the criminal prosecution could be
based but also that in the resolution of the issue or issues raised in the civil case, the guilt or innocence of the accused would
necessarily be determined. (Arthur Te vs. Court of Appeals, Et. Ah, G.R. No. 126746, November 29, 2000; Abunodo vs.
People, G.R, No. 1502B; Security Bank Corp. vs. Victorio, 468 SCRA-609).
I
S
31. ?
32.
33. (
I
2. A prejudicial question must be based on a fact distinct and separate from the crime, because if both actions
arose from the same fact or transaction, the civii case will not constitute a prejudicial question to the determination of the
criminal action. Neither is there a prejudicial question if the evil and criminal actions can, according to the law and rules,
proceed independently of each other. (People vs. Delizo, G.R. No. 142624, August 17, 2004).
157. i i
158. Thus, if the issues raised in a civil action are so similarly or intimately related to those] in the
criminal- case such that the resolution of tire said issues in the civil case ar<j! determinative of
the juris et, de juri of the guilt or innocence of the accused in the criminal case, the
proceedings in the criminal case shall be suspended and the civil action shall proceed until
judgment on the merits. (People vs. jDelizo, Supra.
159.
163.
164. 2. The resolution of such issue determines whether or not
the criminal action may proceed. n other words,
resolution of such issue would determine whether or pot
the accused is guilty.
165.
I
S
34. ,
the
peti
tion
to
sus
pe
nd
sha
ll i
res
ts.
(Se
c.
6,
Rul
e 1
[L1
)
35. )
39. ;
40.
170. M) CA-'-
rr- \
171.
1
7
2
.
M
ark if, for
the
principle
of
prejudicial
question
to
operate,
the issu
actions
are the
same or
intimately
related to
each
other. But.
the fact
separate
from the
crime.
174. s
in the
cnminal
and the
civil or
transaction
is distinct
and
175. ul.
177.
43.
45. .
1. Th
er
e
m
u
st
t
w
o
c
o
ur
t
a
ct
io
n
s-
o
n
e
ci
vil
a
n
d
th
e
ot
h
er
cr
i
m
in
al
.
(
S
e
c
ur
it
y
B
a
n
k
v
s.
Vi
ct
or
io
,
4
6
8
S
C
R
A
6
0
9)
.
"
V
wi
.
li-
M
i-
rr
^
c,\
si
*-

S
rv
O
B
V'
i
- .
c^
-
vl'
. \

oti
w
^
2.
3.
The
general rule is
that in case the
civil action is
instituted
ahead of the
criminal action,
under Sec. 2 of
Rule 111, the
civil action,
arising from
the offense
subject of the
criminal action,
said civil action
shall be
suspended in
whatever stage
it may be found
before
judgment on
the merits
upon the
commencemen
t of the criminal
action. Such
criminal action
has
precedence
over the civil
action to
enforce the
civil-liability of
the accused
from the delict.
An exception,
however, exist
where is a
prejudicial
question as
defined in
Sections 6 & 7
of Rule 11.
j
4. When
does a pre-
judicial
question exist.
5.
A
prejudicial
question exists
where the
issue or issues
raised in
the/cjvij action
is/are so sim
larly or
intimately
related to
those in the
criminal
casefsuch that
the resolution
of ti'i5~saicT
ssue/issues in
the civil
~S55eTs/are
determinative
of the guilt or
innocence of
the accused in
the criminal
case.
6.
Thus,
a prejudicial
question is one
based on a fact
distinct and. se
pa fate from
the crime
because if both
actions arose
from the same
fact or
transaction, the
civil case
would not
constitute a
prejudicial
question to the
determination
of the criminal
action. Neither
is there a
prejudicial
question if the
civil and
7. action
8. the criminal
actions can,
accordingly to
law and the rules,
proceed
independently of
each other, vs.
Detizo, G.R. Mo.
141624, August
17, 2004.)
9.
3. j
19. Preliminary investigation is required before filing
of a complaint as "if the"penalt'y prescribed'-
by'five law is at least four (4) yearn, lwo (2) i.-or
regard,to the fine.
20.
22.
23. for an offense which requires preliminary investigation, n such case the complaint
or information filed by the prosecutor, prflvided(aVijnguest is cOndjuctedT^
24. f an
inquest prosecutor is not available, the complaint may be filed by the offended party or
officer directly with the proper,cOurt on the basis of the complaint of the offe of person.
^^
25. investigation, v/ OyJty<-KX-
O^c^iV. "jb
26. What are the objectives of preliminary investigation
27. To'determine'if a crime has'been committed.
28. ^r To determine if the respondent has probably
committed the crime.
29.
32.
33. 4.^/To secure the innocent against hasty, malicious and oppressive prosecution,
34. ^/fo protect the accused from an open and public accusation of a crime. ' ! Ch/To protect
the state from having to conduct useless and expensive trial, .
35. What is the nature of rcsponde iit's right to .preliminary investigation. :v/
36. ^Vhe right to a preliminary investigation is not a constitutional right, bUka statutory right. Hov being
component part of our criminal justicd,2/t is an" element of due proceskjSit is a substantial rig its deniaTo'vAer th e
'objection)of the respondent would amount: to depriving him of full measure of hi: a tuPcTue"processTVVlT[afloF'''vs.
Vivar. G.R. No. 134744. January 16, 2001.)
37. WiU the absen ce of the pretin-unary investigation :-*./feet .the validity ov tha.
informatioi jurisriici:ion of 11?e. court
38.
39. Although preliminary investigation is an essential component of due process, its absor.ee will not impair the
validity of the information or otherwise render it defective, Neither will it affect the jurisdiction of the court; nor constitute a ground
for quashing the information. (Viliaflor vsj. Viva;e-3upra.)
40.____ __ _ y q.i. ,
10. Dr
ma
tio
n
for
an
off
en
se
wh
er
e
ths
an
d
on
e
(1)
da
y
wit
ho
ut
1. than 4
2. Consequently where the complaint involves an offense penalize by years, 2 months and
day, conduct of preliminary investigation is not required.
3.
6.
7.
9.
10. y
11.
12.
13.
14. .
15. The trial court
instead of
dismissing the
information
should hold/n
abjey/anc^tfie
proceedings
and
41. order the public prosecutor to conduct a preliminary investigation. C.V.i.l.laTfo
1
?Vs..f\/ar. supra: San Acjiustin
42. s. People. G.R. No. 158211, August 5 172004)
43. sA/he.n should the right to a preliminary investigation be invoked othqrv^ise :i shall be deemed /vaivd.
1 After the filing of the complaint or information without preliminary investigation, the acc. within 5 days from the time
he learns of its filing, ask for a preliminary investigation wit- same right to adduce evidence in his defense; after the
lapse of said period the right is deemed lost.
3
1
44.
45. \f\AO-v-1
46. The absence of preliminary investigation .mould '.. raised befoi cjthe
accused enters h.si plea; made afterwards the accused is been lo h.ivr waived his
right thereto
47.
50.
51. from the time he loam
52. ]. He must file a motion for preliminary investigation within 5 days filing of the complaint or
information.
1. He must refused to plead upon arraignment and object to further proceedings upon such
ground
:k
2. - He should insist on preliminary investigation
53. He may raised the issue of lack of preliminary
investigation on app
54.
18. .
20. .
23. ,< (. eV<;"( f.
24. Who are the officer authorized to conduct .preliminary investigation.' j. jj-j^jo - '
25. e
69. existence of probable cause, and on the basis ihoivoh i - . u
and evaluation he find no probable cause, ha m,.v dr.i submission of
additional evidence to aid him in omviny cause for the issuance of
warrant of arrest. This dm trin Salazar, 186 SCRA 217; People vs.
nting, 18/ SCRA /; And Lim vs. h more subsequent cases.
personally and actually examine the complainant anc that he
makes a personal review 72. npersonal responsibility of the suance of a warrant of
arrest, his witnesses, t is sufficient
73. th
74. eprosecutor in determining the probability, not the
certainty of guilt of an accused. (Refer to ferrera,
pp.278-279).
75. Supposed the prosecution refuses or fails to adduce further evidence to show
probable cause to justify the issuance of warrant of arrest, what is the proper course for the
court to pursue under the circumstances.
76. The judge then should dismiss the place because of his finding of non-existence of
probable
77. The foregoing discussions appPes where the preliminary investigation as
conducted by prosecutor. But suppose the preliminary investigation was conducted by a |
ndqe of His Trial Court or Municipal Circuit "trial Court pursuant to Sec, 2 of Rule 112.
78. f the first level court judge finds and recommends the filing of ja criminal
action agai accused, and his recommendation is affirmed by the provincial or city prosecutor
oi by the Ombudsman, as the case may be, the same procedure shall be followed as where
the complaint or information is; filed in the "RTE, except that it is not necessary for the judge
to conduct another preliminary examination for the issuance of warrant of arrest, because
the issue of probable cause has already been resolved by the same judge in the preliminary
investigation phase.
79.
However without waiting for the conclusion of the preliminary investigation, the
judge may issue a warrant of arrest if he finds after examination in writing and under oatlji of
the complainant jind his witnesses in the form of searching questions and answers, that
probable tjrause exists and that there is necessity of placing the respondent under
immediate custody in order not tg frustrate the ends of (justice. (Sec. 6-b; Rules 112).
v
!
80. lii bis personal review and evaluation of the resolution and qviderme gathered_
investigator; .prosecutor during , the .preliminary investigation,' is hi necessary for a judge
to :ue a separate, order about. his. .findings of the existence of probable en use to
sustain,Jhjs
81. ist th
82. edirective to issue; warrant
of a n est, or he may cause
the issuance
83.___________________________________________________________________
silences of his
evaluation'' and-
'finding of the
38. 9u -i warrant
of runj-st. But
if from his
sucii review
:q.;id the
pros>.-. pror's
finding and
rtqJiire the it a
conclusion to
the existence
of probable
was reapplied
42.
43.
44.
evjdence______________________________________________________
adduced
84. prosecutor .
85. of the arffc.pt warra before
the invest
86.
87. (Herrera, Vol. V-A, pp. 275-278 nos, 4-5).
88. Suppose the investigating municipal court judge without waiting for the conclusion
iof the preliminary investigation, finds after examination in writing and under oath of the
cpnip.fajmant and .his witnesses in the form of searching questions and answers, what
probable causeiexists and that there is necessity of Discing the respondent under
immediate custody in order inot to frustrate the ends of justice, but on second thought the
declines to issue a warrant of Arrest may he be compelled fay mandamus to.isstjejt.
89. No, he may not be compelled by mandamus, from the wordings of j Section
6b of Rule 11 plain that it is not obligatory, but merely discretionary upon the investigating
judge to issue a warearrest of the accused, even after having personally examined the
complainant and his witnesses form of searching question and answers, for the
determination of whether probable cause exis
45.
46. !
47.
90.
91. whether il is necessary ;o an e.sl the accused in oid'-i bolMu \ rust rale ilu! ends of
justice, is left to-his sound judgment or discretion, {HE T era, page ? H2 )
92. What conditions must the inyestiqatinq municipal trial court 'judge observe to
authorize him to
93. issue a warrant of arrest during the preliminary investigation. ^
1. The investigating judge must have\examined in writing and under witnesses
searching questions and answers.
2. He must be satisfied that probable cause, exist.
3. He must be satisfied that there is a need'to place the respondent uncjer
immediate custody |n order not to frustrate the end of justice. (Herrera,
page 282)
94. When a warrant of arrest unnecessary even if a com pliant or information has been
file iii court for offences which require preliminary investigation.
1. Whan the accused is already under detention. What the court commitment.
2. When the penalty for the offence charged is only a fine.
95. A person lawfully arrested without warrant of arrest may be direct ljy charged in
court vyithout
96._____________undergoing ______preliminary________investigation,____________________________
if one is required provided an_____in quest has been
97. co nducte d. JMha^d o you unde rs f and o ft se ten n_ NQU EST.
98................................................................................................. r#
$%
&'
#.......................................................................................................'
1
99. (NQUEST signifies a summary investigation of person lawfully
arrest-ad without warrant conducted by a public prosector for filing of a complaint or
information directly n court without the ijieed of preliminary investigation, where.one
is required, on the basis of tiie affidavit of the offended par y or of the arrestincfofficer
or person.
100. .May a .,parson lawfully arrested without warrant ask for p'/eliminpry investigation
before a. complaint or information is file :i in court.
101. Yes, provided he signs a waiver of the provisions of Article 125 of the
Revise Penal Code] in the presence of the -counsel.
102. NOTE: /
103. s/
104. Article 125 of the" Revised Penal Code penalizes a public officer or
employee who detains a person
105. on some legal grounds but fails to deliver the person with the proper judicial
authorities within the period
106. stipulated in said Article. \/i ,
., r , . i . t . . , n . , ,
107. n<VV>\ u WW( "o Wftj y fi |M)U
l^)*%,^,%...
108. ffemnose '-he. person lawfully a.n^ested witirout warrant is charged |tj court
without undel'going / .jjreliminary investigation where-.; one is rc-guired, mm.' he still ask
for ijirelm AiiijvJa ycqii.---1 lion. /
109. Yes, provided he ask for tlr preliminary investigation within five days
from the time he Perns of the filing of the complaint or information against him. By
then, he shall h-ive the same right to kidduce -evidence in his defense.
48.
m
49.
m
is
110. Procedure in cases which do not require preliminary investigation nor covered by
the Ru!e_on "Summary Procedure.
111. un cases which fall under original jurisdiction of the municipal trial,
court, which do not require preliminary investigaEiorTbecause the
penalty"prescrTB5T^T5W~fbf the 'oTfeifce charged is four yeaps, and two months or
less, nor covered by the Rules on Summary Procedure, the complainant may file his
complaint-either before the prosecutor r directly with the court.
112. f the complaint is filed with a prosecutor, he shall act thereon within
10 days from its filirjg. The prosecutor outlined in Section 3a of Rule 112. should be
observed. The complaint must state the address
113. 24
114. the respondent and accompanied by the affidavits u; die ..omplaint and his
witnesses, as well as other ipporting evidence to establish probable cause, 'i he uhid.ivil shall
be subscribed and sworn to, before iy prosecutor or government official authorized :.
administer oath, or in their absence, or ijion /ailability before a notary public. The
administeimy oiecc'i must, certify that he personally examined the fiants and that he is
satisfied that they voluntarily executed and understood their affidavits.
115. The prosecutor shall then evaluate the affidavits and other evidence adduced by the offended party > determine is
probable cause existing to hold the respondent for trial. f he finds no probable, he spall ismiss the case; otherwise, he shall file the
complaint with the proper municipal trial court, [The rosecutor, however, cannot issue a warrant of arrest, for only the court has such
authority,
116. The offended party, however, may file his complaint directly with the municipal court haying jrisdiction, The same
procedure outlined in Section 3a of Rule 112 should be observed. The judge has lese options.
1. f he finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under
oath the complaint and his witnesses in the form of searching questions and answers, he may dismiss the case.
2. He may require the submission of additional evidence within 10 dayi from notice, to determine u further the existence of
probable cause. But if in spite of the additional evidence, the judge still
117. finds no probable cause, he shall within 10 days from submission dr expiration of said period, dismiss the
case. This option, for reconsideration, is the usual practice.
118. f the judge finds probable cause, he gives due course to the ca$e and issues a warrant of arrest, or
commitment order, if the accused had already been arrested and in custody, andjhold
119. him for trial. u j
120.
3. f the judge is satisfied that there is rio necessity for placing the jaccused under custody, he may issue
sumxoo.QsJnstead of a warrant of arrest.
121.
122. .1
123. What does the phrase "searching questions and answers", imply,,,in,.matter of issuanc warrant of mrest?
124. The phrase is co-extensive with the objective of determining the existence of probable caue. t- does not imply such
questions and answers should be as extensive as to establish the guilt of the accused beyond reasonable doubt*
125. RULE X13. ARREST and RULE 126. SEARCH_ANDSOZUPJ~_
126. .
127. 'Sections 6 and 7 of Rule 112 are closely connected with 'Rule 113 on
Arrest and Rule 126 on Search and Seizures. Sections 6 and 7 apply on WHEN may an
accused warrant of arrest, while Rule 113 and 126 govern HOW arrest, search and with our
without warrant.
128. e or
129. The substantive basis of these
provisions of the Rules of -Court is Section V. of Art. 3 of thej 1937 Constitution which provides: . _ j
130. u j
131. "the eight of the people to be secure in their persons, houses, j papers and effects against unreasonable"searches
and seizures of whatever nature and for any purpose shall e inviolable and no search warrant or warrant f arrest shall issue except
upon probable-caused to be determined personally by the judge after examination under oath or affirmation of the complainant;
1
and
the witnesses hi may produce and particularly describing the place to be searched, and the person or things to be seized."!
132. Any
evidence procured or obtained in violation of the constitutional prescription cjgainst uunreasonable arrest, search and seizure is
51. e
arre
sted
with
or
with
out
seiz
ure
s
may
be
und
erta
ken
inadmissible for any purpose in any proceedings. (Sec, 3jpar. 2 Art. 3, 1987 Constitution). Hence, the validity of an arrest, search and
seizure and the manner] of its enforcement have a direct: bearing upon the admissibility of the evidence prepared thereby. j
133. -CONCEPT-'-OF ARREST . | j
134. ! 25
135.
136. Section i of Rule l'i3 defines arrest)as the l.ikni'i ol a person inio custody in order that he
137. bound to ansvTgTTorThecommis;.-:on oT~S~n offense. An .n u.-sl is made by ar-Fcrual restraint of a person to
be*^rre'stec^T~BVT
:
ns submission to the "custody ol the person making the: arrest. (Section 2, ibid.). n effecting an arrest, no
violence or unnecessary force shall be used and the person arrested shall not be subject to a greater restraint than is necessary
for his detention. (bid)
138. The term signifies the appiehension and detention of the person of aijother in order that he
139. forthcoming to answer an alleged or supposed..crime imputed on him. The .taking seizing and detaining the
person of another to subject him to the cc officer.
140. basic concept of arres
141. /-t^wvjyti
142. CONCEPT OF SEARCH WARRANT j (rJM^T W^jf
143. Ca search warrants an order in writing issued in the name of the Pe
144. ;)ple of the Philippines,
145. by a judge and "directed to a peace
officer commanding him to search for the personal property described therein and bring it before the court. (Sec. 1, Rule 126). J
146. JtAACct^P^'N
..
147. uHow does a warrant of arrest differ from a search warrant?
148. 1. n the issuance of a warra.n.t...of..,arrest, it is' not necessary for the judge to examine per and actually the
complainant and his witnesses; he may simply rjjview and evaluate the of the investigating prosecutor and the evidence he
submitted to him in determini existence of probable cause. (See reverse of previous paper.)
149. -n case'of search warranty the judge must personally examine under oath or affirmation the
complainant and the witnesses he may produce in the determination of the: existence of probable cause, by means of
searching questions and answers,
150. u2. The judge cannot issue a warrant of arrest unless an information lias been filed agai
151. person to be arrested charging him with commission of an offense,. With
respect to the issuance of a search warrant, it is not necessary tjhat a criminal case is \ in court against any person.
~~~ "
152. 3. The subject of a warrant of arrest is a natural person. n search warrant, the
153. houses, papers, things or effects.-
154. 4. n^jTgsixaaeg, it must appear that a -crime has been committed e person-to be arrested has probably
committed it.
155. Jn the case of sparcli warraudtwo circumstances must be reflected by substantial evidence; (1) the items
sought to be searcfied'^hcT seized are connected j/vit some criminal jactivity, although the person committing the criminal activity is
unknown; and ('2') that the item will be found in the place to 'be -searched. ( People vs. Vinecario, et al., G.R. No. 141137, January
20, 2004.)
156. What do you understand about probable cause?
157. JE caused is an essential requisite for
the issuance of a warrant |of arrest and search WE as will as in warrant less arrest. t has been defined as such facts and
circumstances which could! lead a reasonable, discreet and prudent man to believe, with respect to arrest, that an offense has been
committed and the person to be arrested is probable, the one who committed; and respect to searjeh and seizure, certain items are
properties are connected with some criminal activjty and would be founcj in the place sought to be searched.
158. arrant,
52.
55.
56.
57.
159. A/hat: 3 t he quantum of evidence necessary to establish the existence of probable cause?
160.
161. VxiCUUtfOM fif
(
'T rs hMxy p f^v^p /-;
162. There is no fixed formula for the determinemn m i-iuunble cause, Each case must be decid the
facts and cii'cuTnsfances obtaining in each casr. (''.'iTrriT^T^n^almgfebd,- 190 5CA 401.) The tei mean "actual and
positive cause", nor does it signify absolute certainty. t is based on reasonable and suspicio(^"coupled with good faittn)
(Pilapil vs. Sandiganbayan, 221 SCfjtA 349; Allado vs. Diol SCRA 193). ~
163.
164. 1. The warrant of arrest is delivered to the head of office which is.charged to execute the w
165. arrant.
166.u2, The head shall intern assign men under him to implement the warrant of arrest within 10 days from its receipt in the
office.
167.3. Within the same period, it shall be the duty of the office assigned to execute the warrant of arrest, arrest the arrest the
accused and deliver him to the nearest police station without unnecessary delay.
168. _b 4. Within '10 days after the expiration of the original period, the officer to whom the warrant, of" arrest was assigned for
execution shall make a report to the person of the arrestee. n case of failure to execute the warrant he shall stace the
reasons therefore. (Sections 3 & 4, Rule 113.)
169. * t<vfy-"i v
Y
A"M, <w\ (vMM^j' n .. j
170. What 5s the lifetime of a warrant: of arrest?
171. A warrant of arrest does not become stale or functus oficio, unlike j a search warrant which valid only for ten days. A
warrant of arrest remans valid imt.il arrest is effected or the warrant is ..lifted- (Manangan vs. CF, 189 SCRA 217.)""
172. \
60.
61.
63. uHow is a warrant of arrest executed? ~t> (cei^sC^
173. Supposed a .person is lawfully arrested, but..instead of going voluntarily .and
peacefuil arresting officers the arrestee. laid down on the street and refused to stand UP and
walk ..police vehicle. So the arresting officers bodily and .physical ly carried the arrestee and
174. hint into their vehicle as a consequence of which the arrested person sustained
bruises and contusions in his body. The arrestee, assisted by some over zealous human rights
v who saw the acts of the arresting police officers, denounced them of having used exc.
64.
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175. essive
176. force and violence in effecting the arrest, invoking Section 2 of Rule '112, which states intjer aiia
177. that no violence or unnecessary force shall be used in making an arrest, ise-tiTe.charged of the accused, supported by some
human rights volunteers tenable? Why? _
178. v
179. Mo. What the rules prescribed is the use of necessary or wanton forte an-: arrest. The rules, however, do not bar the arresting
officers to use reasonable ovgrcQro.gjt.rie resistance put up by an arrestee to frustrate his arrest.uTiej^iresthv employing stronger and
superior to overcome the resistance of-an arrestee,"V unnecessary depends on attending circumstances."The law has not come
Tffmvith < measure what is Reasonable an9""fiecGSsary? Moreover, arresting poli
180. deliberate on what is reasonable and"necessary as a man sitting on a civil in air-conditioned office coolly do, but have to act
with dispatch to maintain and enforce the law. The act of the arrestee of] laying down on the street for the obvious purpose of
frustrating the police officers from arresting him is a form of resistance which the officers have authority to overcome.
181. s a warrant less arrest resulting from entrapment lawfu?
182. An arrest made after an entrapment does not require a warrant in as much as it is considered a valid warrant less
arrest pursuant to Rule 113, Section 5(a) of the Rules cjf court. Any search resulting from a lawful warrant less arrest is valid because
the accused committed a drime in flagrante delicto, that is, the person arrested committed a crime in the presence of the arresting
officers. (Yoliy Teodosio vs C.A., G.R. No. 124346, June 8, 2004)
183. On,-wh at Jtime should an arresjj: e made?
184. An a/iest may be made on any day and at any inn, ui ihc day or mgik. (section 6, Rule 311
185. How is arre st made fllif by virtue of a warrant;- (2 ) if done, withouit: warrant; ( 3 ) if don
private person?
186.
187. JL Arrest by virtue of a warrant-
188. a. The arresting officer shall inform to person to be arrested thai is under arrest;
189. b, The officer should advise the arrestee of the cause of the arrest]
190. c. He should advise the arrestee that his arrest is by virtue of ja warrant; except: tha; arrestee flees or resists
before the arresting officer has the opportunity to so inform him, or wher giving of such information would imperil the arrest.
191. if
the
192. However, the arresting officer need not have the warrant in his possession at the time arrest, but if after the
arrest the persprr&rrest so requires, the warrant shall be shown to him as soon as possible .{Section 7, Rule 112). ^
193. o
f the
194.
a. The arresting officer should inform the person to be arrested lof his Authority (that police officer, NB or any
police officer).
b. That he placing the person under arrest.
c. He should inform the arrestee of the cause of his arrest; unless the arrestee is either c in the commission of
an offense, or flee or forcibly resists before the officer has opport so inform, or when the giving of such
information will imperil the arrest. (Section 8- Rul
195. /
196. / 3, When arrest is made by a private person.
197. v "
198.
200.
201. The officer making the arrest, if he cannot effectively place the person to be arrested, alone himself;
may orally summon assistance from as many persons as he deernjs necessary, and every so summoned by the
arresting officer should respond to the summon ancljassist the officer effec arrest, unless when rendering such assistant
would be detrimental to him. (Section 10- Rule 112.)
203. t may happen that the arresting officer gained entrance into a building or enclosure, but was trapped therein
and could not come out, in which case he may also bieak out from the btuicling-to'liberate himself. (Section 12- Rule 112).
4
4
70. 2. When arrest is warrant less
71.
72.
73. ~
74.
75. )
76.
204.
205. i Subject to reasonable rules and regulations, i m - - 1 ' u u-y or relative}"-, of -u>? person arrestee) have
Hi'"- nglii 1.0 visit the arrestee and coi.-less with him pnv.ihly u ihn place of lis detention. (Section p. 4-Rule
206. What is your perception of "Custodial investigation", or when "custodial
investigation"?
207. n People vs. Morial, Et, Al, (G.R, No. 129295, August 15, 2001), the Supreme Court hield; V Custodial
nvestigation means as any questioning initiated by law enforcement authorities after a 1 person |^t_aken iji custody or
otherwise is deprived of his freedom of action in any significanFmanner. t| begins w^ore jjherels'nFTonger a~generaT1hq uTry
into an unsolved c.fiiiiTxTf st'arts'ioTocus'"on Tparticular person as suspect i.d., wh^hThe"pWce"investigator'starts
interrogating_or exactjnq jconfession from the suspect n connection with an offense.
208.__a person deemed under
209. SEARCH WARRANT
210. | i
211. js a search warrant? : !
212. i
213. A search warrant is an order in writing in the name of the People of the Philippines, signed by a jydffi: arid
directed to a peace office'/, commanding him to search for personal property described therein ( located in the place indicated
therein) and bring it before the court. ( S, l-Rj.26.) nroont.
214. C/.j~CJ!.
"jib JW/i /j j),,-VW i j
215. What is the nature of a search warrant proceeding?
216. A search warrant proceeding is, in no sense a criminal action or the [commencement of a criminal prosecution
although in nature it is a criminal process, restricted to cases of public prosecution, and not. a process for adjudicating civil
rights or maintaining were privates rights. -t is a special and ps remedy, drastic in nature, and made necessary because of
public necessity.
1
United Laboratories flc. Vs, slp,461 SCRA S74).
217. Where should an application for search warrant may be filed?
1. As a rule an application for search warranty before a criminal action is filed, should be filed
infany court within wTTose territoriaMurjsdiction a crime was committed)
2. However.^for compelling reasons ^.whjcl'i jnust be stat()d_jn_ the application,! such application may ha in
filed: () any court within the judicial region where, the crime was committed if the place of-commission of
the crime is known, or (2) if any court jwithin the judicial region where the warrant shall bo enforced.
3. n any case, if the criminal action has already been filed, the application shall oij'ly, be made in the court
where the criminal action is pending.
218. What is the reason why a sear ch warrant may be procured in pray court outsida the territorial JllQsdlction of the court
where the subject property of Jrhe search mid seizure may be found. nroyided that no crimina! action relative of such property
has yet beep filed and pendino iji any
219. particular
court?
4
5
220. n People vs. Robert Chiu, et al. (G.RJjjos. 142915-16, feb. 27, 2004), the Supreme Court tpld us that a search
warrant is merely a[judicial process (designed by the Rules to respond and only to an incident in the Min case, if one has
already!5een instituted, in anticipation of a case to be latter contingency, the application for a search warrant may be filed in
the territorial jurisdiction pther than where the llegal articles sought to be seized are located. Thus, a court whose territory
does not embrace the placeito be
4
6
221.
222. searched .may issue a search warrant where the .ij.pli-,..:. consideration of urgency, subject, time.and
place.
223. What properties may be the subject of search and seiz ii r e warrant?
224. Only personal properties may be the subject of search, warrant and se
1. They are the subject of the offense; -fr-^.U
2. They are stolen or embezzled and other proceeds or jKts of the offens
225. i; or
226. 3. They have been used or intended to be tised as the means of committing an offense.(S.3-R. 126)
227. s ownership of the personal property mentioned in Se ction 3 of Rule 126 for the validity of the search?
228.-------- i
229. Ownership of the personal property subject of the search warrant has! no relevance to be vai dity of its seizure if
it fall under any of the category mentioned in Section 3, Rulejl26. The rule do not require thatihe property to be seized should
be owned by the person against whom t|ie search warrant is drected. t s sufficient that he has control the time of the search
and seizure.
230. How may a search be procured":
1. A sworn application for a search warrant must be filed specifying aijicJ describing the placi to be search and the persons
or things to be searched and seized.
2. rfhgy-judge must conduct a hearing to determine the existence of probable cause. i
3. The judge must himself personally examine the applicant and the witnesses in the form of searching questions and
writing. Made under oath. This process cannofoelegated to anyone pise.
4. The applicant and his witnesses must testify under oath on facts personally known to them.
5. The application, the sworn statements and affidavits and their festimpnies personally taken by the judge should gather
and filed with the records for the personal evaluation of the judge.
6. f the judge is satisfied, he shall issue an order stating the proceeding he has taken and detailing his findings and
directing the issuance of search warrant,
231. 7.. A search warrant shall not issue except in connecting with one specific) offense.
8. The search warrant shall-not-particularly describe the place to be searched and the thing:: to be seized.
9. The search warrant which has a lifetime and valid only for 10 clays from its date (S.10 Rule 126), may enforced
anywhere in the Philippines. After said period has lapsed it becomes functus oficio.
232. The rsii.js reorire that a s-a-crch warrant must i'sue only, upon, mjpbabla cause. What [is .the fluantiini of
evidence, necessary to establish the existenee of probable cause?
233. There is. no fixed formula for determination of probable cause.
:
Each case must be decided upon its facts and
circumstance; (People v. Malmsfced, 198 SCRA 401).
234. The term does not denote "actual
and positive cause" nor does it connote absolute certainty; Like in arrest,warrant, probable cause in search warrant refers to
such facts and circumstances which may lead a reasonable, discreet and prudent man to believe that an offense has been
committed and that the objects sought in such offense are in the place sought be searched.l( Chintero v. NB, 163 SCRA
467; People v. Maimsted, supra). i
1
235. UcaW i
236. J The search warrant shall iss:.;e only in connection with one specific offense. Why?
237. The purpose of the requirement that a search warrant be issued for only one specific offeree is to aid the j udge
to determine; the existence of probable ca u se as we 11_ as to deferminft ..whaf phonal ftrogfrty may 'properly be seized.
Section 3 of Rule 126 enumerates TFie" personal properties which may ube seized. (Regalado, Remedial Law
Compendium, Vol. 2 2004 Ed. Pp, 644 & 645. Notes Nos. 6 & 9).
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7
238.
239. However, the failure of search errant lo uieni.'.Mi ppeulic olfensL does oof necessarily vioiatu 'the ru'ie on "one
specific offense" i! the ulleir.y W^f .. e;ulu:d may he considered as included or necessarily included the said offense.
240. The fudge must before issuing the search warrant, examine the complaint and the w fie
may produce
241.
243.
244. thereof determine the existence of probable cause, in search warrant the judge cannot simply
245. the sworn statements of the applicants and his witnesses under oath anq their testimonies reduced in
246. writing by means or in the form of recording
questions and answei determine the
existence of probable cause or non-
existence of probable
247.
248. "Suppose the judge delegated the examination of the applicant and his of court
after which he read the tsn in the presence of the applicant inquired about the
correctness of what was read to them. The witnesses
249. transcript of their deposition. Thereafter the judge issued the .search warrant. s the
search v issued by the judge valid? (Herrera pp. 897-392).
250. The personal examination of the judge
issuing the search warrant rn
251.
ahswers" denote?
253. The searching questions propound to the applicant of the search
warrant and his witnessed must depend to the large extent upon the discretion of the
judge as long as the answer establish! reasonable ground to believe the
commission of a specific offense and said answer particularly describe with
certainty the placed to be searched and the person or things to be seized. But the
examination must be probing and exhaustive, not merely routinary and Perform a, if the
"claimed probable cause is to be established. The examining judge must not
simply rehash the contents of the affidavits but mupt take his own inquiry on the intent
and justification of the application. (Mata v. Bayona, .128 SCRA 388; Roan v.-
Gonzales, 145 SCRA 686).
254. The-.a. pp3icant his witness .mest denose on facts
.personally -known to tharn. What do-^s this s??nivy?v
255. -. _ . | The probable cause must not be shown to be within
-\he personal -knowledge of the. applicant or witnesses iie may produce, that is, they came
-to know such fact: by the direct use of their senses and not- based on
xiTfc.re.beai;say,l
256. The -test in determining whether the allegations in tha application for
search warrant or in the depositions in support thereof is focused on whether they have
been draj-vn in a mariner that perjury could be a charge thereon and the affidavits/
deponents be held liable for da (pages caused.
4
8
81. .
82.
84. s
a
n
d
o
n
t
h
e
b
a
si
s
t
h
e
r
e
o
f
a
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e
.
85. c
87. nd
th
e
wi
tn
es
se
s.
T
he
i
ju
dg
e :
on
fir
m
ed
th
e
ac
cu
ra
cy
of
th
e
88.
89.
90. u
257. (J)
258. what is the.purpose of the recunremeni that the warrant issued must pamcuiariy describe the ..place to be searched and
the persons or things to be seized?
259.1. As to description of the place and premises-to be searched.
a. To preserve the quiet enjoyment of the individual in the home or place of business. The function of a police officer in
executing a search warrant is purely administrative.,.and he_i:s not permitted to exerciseTTis discretion or_exc.eed the.
jjmits of his official authority. ~~ ~ j
b. To eliminate the possibility of the executing officer to^ugss_oirj^i^se his discretion in making a selection' as to what
place, or premises'may be entered and 'search, "'j
c. To limit the,lhin.qs to be seized to those and onl.v those particularly described jn the search warrant.
4
9
260.
1
'd. To 'leave the officer of the lew v/ith no discretion iega i.mg what ariicjos
shall seize to the end that unreasonable searches and seizures may not be.maoi 'hat
abases may not be committed.
261. 2. As to the description of persons or things to be seized. V
a. To.preyent arrest.and seizures of persons and articles under a warrant which describes another or yvhere the warrant
contemplates another.
b. To deny the officer J+om,Piping roving commissions of arresting and seizures what they iblease. They are bound
tov^dhere krictly._with_:the command of the warrant and may not exercise any discretion.
v

c. However, it is not a. fatal delect, if the person to be searched and seijzed particularly namedj in the warrant where it
contains a descriptio_pe_rsonas...sufficient to enable the offjcerjto identify the subject person.
262. What is the test utilize in the determination whether t he description of the place to be searched
263. is sufficient?
264. 1. Whether the description is as specific..as_the circumstances will ordinarilyallow
2. Whether the description expresses .a-conclusion of fact not of law by be guided in making the search and seizure.
3. Whether the things described a rej limited to those which bear relation to the offense for which the warrant is being
issued, (l-lerrera p. 901),
265. The test is, if the police officer can with reasonable effort identity the place mentioned J in the search warrant,
then the description is sufficient but if the officers in executing the search warrants so can conceivably be confused by the
description so that another house or place could be entered by him and its occupants disturbed, then obviously, the
description in the search warrant of the pi act; to be searched is insufficient. (Varon, Volume 1 page 451)
266. Nearest police station or jail without delay, in
case of search warranty to search the place described in the warrant and seized the things covered by the warrant and bring
them to the court. (Section 3, Rule 113 and Section 12, rule 126) j
267. which the warrant offic
268. How is arrest by virtue of a wa.'rant carried out.
1. The arrest may be made on any clay and at.any time of the day or night. (SECTON 6, rule 113)
269. j
2. As prescribed by Section 7, Rule 113:
270. i
271.
274.
92. 1. The arresting officer shall inform the person to be arrested of the cause of his arrest.
95. i
277. Suppose the person to arrested flees or violently resis ted, how should the ar r es t i ng lof near .proceed to effect the
arrest.
96.
97.
278.
279. !. . The officer making lawful arrest may oial miiuh.-jii nany peisoiia <s in. deems
necesspiy lo assist him in effecting the arrest, and every person so Mtmmoned by
the such assistance without detriment to bin- u.u uif. (Section it;, m.-io i 3
280.
281. May a private p erson making a lawful arrest break into a building, arrest.
282. ;ure where the persorr to be K'lelo, .,M(. i announcihg his
enc
los
ure
to
effe
ct
285.
286. No, Sections l^.and_12(pjrmit only an officer to break into a build
arrest.Tlence such right .is not extended to the private person even if his arrest. (Regalado,
page 399)
287. How is a search warrant enforced
288. ng or enclosure to effpet an purpose is to make
ailawfu
289.
1. The officer executing a search warrant: must do so within 10..days...from_jts date, because a search warrant shall be valid
only for tend-days from "its date, thereafter the same shall be void.
2. The warrant may be served in'the day/tirne,CunJess,):he affidavit assert^ that the property is im the person or in the place'to
be searched in which case a direction may inserted! that if be served at any time of the day or night. (Section 9, bid.)
3. Where the searched' is to be made.during the-nipt time, the authority fo: executing the same at such time should be appear
in'thejljrection on thejfa^e-flLtbjej^aant,. (Regalado, |p. 918)
290. r
4. The officer enforcing the-search warrant must give notice Qf.Jiis_pJ..i/S.P.QS...and authority. to the py^ner^or person in
charged of the place to be searched. (Section 7, Rule 125: implied);
291. 5. n conducting the search, t he_
ufficer must avoid unnecessary damage..to. ,the premises, and niufet stay jieceixuaab/-
soJon/cas if Ynay be raasonably necessary.
.
i
6. The search of every house, room, or other premises must be conduct cocupanjepr
jJ.y, if available, otherwise in the presence aoe and discretion residing in the same
locality. (Section 8, bid.)
292. N.B: Witnesses preferably, are baranggay. officials
7. The -o'riicer seizintK-properlrv under the warrant must .gjya_ a detailed jnvent o ry
_and receipt.|pf..lhe propeLfail^aizMJxUJ64av!'tM occupahg of the premises. if present,
or to the jw i t n esses.. presejii....d.uribc;-th e search.and,eizurer-(Section 11, bid.)
99. )
100. e
101. l
102. acL
in.
th-
pxe
sen
c
pf
jaw
ful
o f
tvv
o w
i tn
e
sse
s. .
of ..
s.uj
;f.i_
cj e
n t
8. The officer must forthwith the property seized, to theJfi^.who,jssued the wajrantjiogether with! a true inventory thereof duly
verified uncjerj^ajlb^f Section 12a, bid.)
293. Suppose the officer designated to conduct the search under the warrant is refused acirni into-the pnermises to be
search, what is tiia remedy uf the. o.' fl ..-.:u s.
294.
295. As a rule, no person may be arrested but upon a valid warrant of arrest issued by_ a_jjjjc[ojr-, However, in well defined
and specific instances an arrest may be lawfully executed even without a warrant. A police officer, or eve<a private uerson
mav without a warrant arrest a
296. ,erson. What are these instances where a warrantless arrest of a person may be made.
297. C Of vJ<-w,v,^s AmvY
298.
1
1.(Arrest in flagrante delicto^ When in the presence of the arresting offjicer or private individual, the person to be arr-
estecPtra^ranjrfiitted, is actually committing, or is attempting to commit an offence.
2
299. u2(^Arrest in jTotjpursLirt,)When an offence has just been committed and the arresting officexjocJadvate
300. believe that the person to^bFarrested has Committed it. 3, When the "person
to be arresterli'isjjriso'heriwho has'escaped from a penafestablishment or place] where
he is^erving final judgment or temporarily confined while his case is pending, or
has^scaped while being transferred from one confinement banother. --
uW ^ 'n k
301. -f. ".t++tfE rtaiU&TVftf / 11---------2.. |>(<Vny W
^wvTv-^-S^Vfe-il jvw^---------------------f^w u
302. What does'probable cause to believe that the person to be' arrested committed the offense
303.----- ' ~ ' ' ' i
----------r~
304. connote i
305. While probable cause is a relative term the determination of which must be revolved according to the facts of
each case, it is understood as having reference to facts and circumstances which could j lead a reasonable, discreet and
product man to believe and conclude as to the commission of an offense, j
306. What does "personal knowleebae of facts or circumstances" demote? v{ W^Vi^-UsS v bAity
307. t means an actual belief or rsasjaaabte^^^
<pn jctual facts,Wouplejd with
308. good faith on the part of the officer making the arrest.
309.----------------------------------------------------------------To justify a warcan-H-ess-aniest, it is_not enoughjhat a crime
has/aotqally just been committjecjJ:he. rr&ting officer_JT.U.s.t( be^pe.rsonally aware of actual focts\lead i n'q to 'Reasonable
ground, of bd|.jef_or suspiciqnJto.La^rime-has-^C^^Tw^itfcs^-. ____,__._!
310. 0g im)vf o1'flfe f!r or ,r^.offcm. jo /fa
311. 2-34% 1. People vs. Mengote, 210 SCRA 174. ~
t0J

j
-
*"
312. Lf Terry vs. Ohis, 392 U.S., cited and applied in Manalili vs. CA 280 SCRA 400.
313. As a rule search and seizure must have to be based on a search win-ran ... how eve r the ra are
314.__________________________________________________________________stances where search and seizure
may .be conducted without__________________________________________warrant. What ar;.- jthese
315. s t a n c e s ? . 1
316. '' ^ . 3 ,r'. ' ' t . .1. \
317. i j
318. ^'f A person la wfu Unarrested may be searched for dangerous weapons dr anything which may have used or
constitute proof in the commission of an offense without a search was rant. ( Sec. 13!, Rule 126)
319. 2. Consented search of the person -to be searched, even when the consent was given by a woman who
misrepresented .herself as the wife of the man who premises would be searched, provided the u'searching parties
believed in good faith in the representation.^.------------------------------------------------^
320. S-CSearch 'and seizure pursuant" to the Tariff and custom Code,^pg;d,ld--ithe premises to be .searched is not a
dv^eJJmg-hotise.,
321. 4, Search and seizure of vessels and aircraft because the vessel or aircraft can quickly move put of the jurisdiction
before a search warrant may be procured,
322. Moving motor vehicle can easily move-out,-escape and dispose of illegal article it was transporting, Droved it
id
5
not practical to secure,a warrant.
323. /i.^.Seizure of evidence in plain view/^p/"6'vided the following requisite concur,
a. The arHGlsJs._e.KR.pse and opeq .for..fcheu3y.as to see and the handf to hold.
2
104.
b. The searchingjp-fficers areCfawfully' in the place where theyre'. '
107. .
windo
w cjf a
house
or any
partj
of tin
imsull
as any
perso
n
lawfull
y
aiding
hirr'
108. The officer may break, open
any .im.'i m h...............
109. house Oi" .anything therein
to execute the warrant ii - -.
when unlawfully detained
therein. (Section 7, bid.;
324.
325. C. The searching officers farm- upon he prohibih-d .mirlp wiihoul conriui ling a search for them and inadvertently . ^ ^ ^
^ ^ _ K^J^ ^ ^^
326. 7. The se.jrch was based on pi^mble uun.e under oxbooidnuuy uicuur,.ano
327. J&f Searches under the "
stop and frisk" doctrine fpr lue plain view doctrine to apply requisite must concur. ^ ^. __ ^ ^^ * ^ '
328. The plain view doctrine applies when the following f^iffsftes
6
toncur/: '^T
1
'
1. The police officer has a prior justification for an intrusion,, Example: warrant, or he is lawfully engaged in executing a valid or
legal warran
2. The police officer inadvertently discovered as illegal article which i warrant or for which he was purposely searching.
3. The illegality of the article is immediately apparent to the eyes of the police officer
without search doing any positive act of search, for example: upon justified entry of
tjhe premises the police
!
on the table in the receiving a control and expose to the
eyes. ( Herrera, Text, pp.958-966 and the cases cited therein,(People vs. Chua
Ming Kho G.R. No, 133265, may 29,20(32, People vs. Macalabja, G.R Nos.
146284-86, Jan. 20, 2003.)
329. Wh at are the requisites for a vali
330.
333.
335. which could [lead
a
111.
arm
114. d
120. )
346. 'The' requuemcul pioscribes gencm;
u.vuiuni win. u,<'>'<u u Hie i,e,; discretion to
choose isigets of their si-arehe:- and the nihil;. .
imvumoii of ho
347. What are the accepted tests t o (.ctcinnnc wluThci
i ><;.,ich wan
348. described the things to be searched and
seized?
349. c iiny ol u i. n t
350. nes in id olfieos,
351.
1. Whether the description therein is as -pacific as the circumstances will
2. Whether the description expresses only a conclusion of fact-not of law, officer may
be guided in making the search and seizure,
352. Whether the tiling's described are limited to those
which been direct relation to the offer which the
warrant is being issued (Sec.2, Rule 126
353.
right to bail before conviction. What is the reason behind such constitutionally
guaranteed right? ;
122. ant injlV._l>_
1
. said to; hayr
124.
125. )
127.
371. Tfttf; basic reasor. loi such constitutionally tjiKu.tU-t >. . r.i.'u :...w:> hoik. lhci;.C!
>uniod mnocdnco o; j ^every nccuscbeJui_e...cunvict'-..ii. .,
372.
374. An accused who is'still at iarqe desires to post a bail in
order t
375. earance in court, in :omes in law the jailei
av
oid
Xa
rre
st
377.
378. inconvenience of being placed behind bars. May he be aliowed to do so.
379.
129. What is the leqa effect of releasing an accused on ;.;u i!?
130.
131.
132. n
133.
134.
382.
383. s it always indispensable
that: an accused be in custody of the law before lie is allowed to .post bail? !
384. No, an accused who has not been arrested may be allowed to post bail under the following conditions:
385. 1. The accused is physically incapacitated to appear personally
386. in court: to post bail,
387.............................................................................instance he is conffnecPin the hospital or account of a seripus
ailment which ph\
388. immobilize him .
389. 2. hte~' iTraTTrfested--ni his motion to be admitted to bail that he waj submitting his
person]to custody of the court,
390.How legal custody of the accused may he acquired.
1. When lie h a i i r e s t f J W h e t h e r warrant less or by virtue of a wa'rrc;
2. When he voluntarijy_su.bji3itted himself to the jurisdiction of court by surrenderingu to the proper p^t* authorities.
391. Suppose the accused has beer? irregularly arrested with out warrant or by virtue of an invalid warrant of-arrest.
Subsequently, upon his motion and after hearing, the court refused him on bail. May the accused still take issue of the
procedure:! defect or irregularity of his arrest?!
392.
393. Yes, because under Section 26 of Rule 114, an application for admission to bail shall riot: bar the accused,
from challenging the validity of his arrest or the legality of the warrant issued thoreforjs.JM.B Before pica,
394.--------------------What are the types of bail which an accused mav post? , i f u u ,, 4 , vir--.A i
-------------------------------------------t- '^rtM p^VTrra-- > yN-'^jv v, *5. v ,
395. 1\, Corporate suret y - Barf Bond posted jointly by the
accused and an officer of the coiporatiori auEFonzed by its boarffof directors to act for and behalf of the corporation. 2XProperty
bond it is an undertaking constituted as-a lien of real property conform to owner as security for the amount of the bail.
~~ _
396. SsCasbJbajl j*** ****
397. 4>Recognizan.ee. - An undertaking by the accused or by a responsibl^raember of society tl accused will make
himself available to the court and will always appear before it whenevjer the court which released him from
custody so requires his personal appearances.
398. Section 2 of R ule 114 enumerates the conditions of the bail, one of which is the life timls of a bail. T5i! from
y,
f
hat time to what time is a b mi effective.
399. The undertaking shall be^ffecjjye-lipon approval and dnjegs^ancelledfearless^shall
remain in force at all stages ofjhe cas^fuptil' promulgation of the JuBgment of the
RTC^.iTds'pecfive^pf whether the case
135. w
136.
138.
400. uvv,jiO originally filed in o appealed to .i
premiums.
What is the effect if t he. accused who is cr. br.il ws- noi >t jad and req but failed to do so.
402.
st th
403.
1
'rial
404.
nl ia
405.
406.
w
cau:
407.
<
why
408.
409. bondsman to produce the body of its principal, within 30
days from notice, When may a person under legal detention be release
from detention or transferred?
1. When ordered by the court which has jurisdiction over his person;
2. When he is admitted to bail and posted the bond in the required or fix What are
the factors which the court must consider in fixing the amo
1. The financial ability of the accused;
2. Nature and circumstances of the offense;
3. The penalty for the offense changed;
4. The character and reputation of the accused;
5. The age and health of the accused;
6. The weight of the evidence against him;
7. The probability of the accused appearing in the trial;
8. The fact that the accused was fugitive from justice when arrested;
9. The pendency of other cases in which the accused is under bond. [(Victory
Liner, inc. vsj Judge' Bellosillo, A.M. No. MTJ-00-1321, Mar.10, 2004.)
144. 1. The court may order the trial to pioceod "ven the absts.- e of he accu
146. .
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411. What duties should a juc!ar.'erform when an application per bail is filed before him?
4
1
2
.

;
1. Set the application for hearing, under the'present rules, a hearing; on the
application fob bail is mandatory - whether bail is a matter of right or of
discretion, the prosecutor should bp given reasonable notice of hearing, or be
sought ( Co vs. Plata, 453 SCRA|326; Mabutas vs. Perijlo, 459 SCRA 368.)
' 1/
i
2. Notify tl-ie.,pxQSCU.t0JC,of the hearing on the application for bail if require
him to submit his "recommendaJtiojiL '
j
3. Conduct a hearing on the
application for bail whether or not the prosecutor presents evidence to show that the guilt
of-the accused is strong, if the offense charge is non- bailable, to enable the court to
exercise its discretion; --]-!> ty -j'v-J^bj* '
v
ov.> i^-tA 1V
4. n case the offense is non- bailable, decide whether the evidence of based on the
summary of evidence of the prosecution;
5. f the guilt of the accused is not strong, discharge the accused upon approval of
the bail borjd; and
6. f the offense charged is bailable, fix the amount of the bail based op the factors
arid guidelines in fixing the bail's amount, fQcenar vs. Mabutin, 452 SCRA 377).
4
1
3
.

i
414. Why is hearing on the application for bail necessary?
415. A
hearing is of utmost necessity because certain factors in fixing the bail, (like the nature of
the crime, the character and reputation of the accused, the probability of his Appearing at
the trial,; among others) call for presentation of evidence. t is impossible for the judge
acting on the application fur bail to consider this factors in an ex-parte determination of
the propriety of the accused
v
s motion for bail. The fact that the prosecution interposed
no objection to the application of the accused for bail does nof relieve the judge of his
duty to set the motion for bail for hearing. (Managuelod vs. Judge Pacliban, Jr. Etc. A.M.
No. RTJ-02-1726, March 29, 2004). '

416.
417. t is necessary for a judge, acting on an a pplication To; bail to write (lis order
thereon? Why?
418. <jr> VK
419. Tiierp are to^^Mmte ^jsteiW*
420. accused's' application for hail. First, the mmm,iy of uv uvi. m.j u the hearing
proper, thus, as pari of procedural due process wheu-s he . mi n<j
421. hearing is formally recognized as having been presented and most importa include
every piece of evidence in he summary presented by the pu-u-'ruj prior hearing would be
tantamount to nof giving them the opportunity m he the inference would be L.at they were
not considered at all in weighing ih| parties. Such would be a denial of due process for due
process mean;, not party the opportunity to be heard but also for the court to considei}
presented in their favor-
422.Second , the summary of the evidence in the order is the basis fbr the judge's
exercising
423. judicial discretion . Only after weighing the pieces of evidence as contained in the
summary will the judge formulate his conclusion as to whether the evidence of guilt against
the accused is strong based jon his discretion. (People vs. RTC Judge of Muntinlupa City, et
al., June 8, 2004; Saintos vs. Ofilada, 315 P|iil, lx 2"#.
424.
Third, the contending parties have the right to be informed of the
qr<j)unds<tyhereof the application for bajl is,gj^.tejcLdLflgJ3lid^
J
*
425. W he [ ] s bail a matter of right?
1. Before of after conviction by the first level courts.
2. Before conviction by the RTC of an offense not punishable by doith, redusion
perpetuaj or lip, imprisonment.
3. A person who has been arrested, detained or restrained, but lias not te-en
charged retain:., i in- right., until he is charged with a capital offense and the
evidence olj his guilt is strong.
426.
427. Upon conviction by the R'T'C of an offense not punishable by deal}
imprisonment, admission to bail is discretionary.
428. The bail filed before the RTg^lapse.s' after promulgation of judgment.
429. However, the RTC which convicted the accused may act on the applio at
liberty under the same bail, subject to the consent of the bonds.
430. n case of anneals where should the application for
bail may be filed
438.
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150. When is cirantino of bail a matter of discretion on the part of the RTC?
153. .
154. 0
439. Why the co urt allowed the accused to be released on bail without hearing if bail is a matterjif rioht? i
440. No. i he judge must always give reasonable notice of hearing to thej prosecutor or require! hirn to submit his
recommendation, and set a date for hearing of the application for bail.
441. A hearing is mandatory in granting bail whether it is a matter of righ
442. Domingo vs. Executive Judge Pagayatan, A.M. No. RTJ 03-1751, June 10, 2003).
443. n SPOl Caneda, et al. vs. Hon. Alaan A.M. No. RTJ-01-1376, January 23, 2002, where the
444.offense, the Supreme Court
445.
39
156.
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446.
447. half ihaUjn this junsdic bun before ;he junge int./ giant applic aliou U,; bai right or
discretion, the pi osecutor must ;>e gam reasonable noi ice of heai submit his
recommendalie.-'i.
448. Thus, in all cases whether bail is a bail a matter of right or ciscre application for
hearing notify the prosecutor of such hearing or require him tc (Gelacio vs. Judge Flores,
A.M. No. RTJ-99-1488. June 20, 2000. see also Kerrera, pp. 3S4-3&.S.)
449. When may the RTC deny the application for bail of
the accused even if his crime is! not a capital
offense or the penalty imposed is not reclusion
peroetua or life imprisonment
450.
451. f the penalty imposed by the trial court is imprisonment exceeding denied
bai.>or his bail shall be cancelled upon showing_by the prosecution, the following or other
similar circumstances:
1. That the convicted accused is a recidivist, quasi-reddivist or comm_itte.cl..the
criiiie aggravated by the circumstance of restoratio
2. 'That he has previously escape from legal confinement, evade
452. condjt|3iQS,oUljs ..b.ai.i...without valid justification;
3. That hC.opjm_mjt.ted the offense while under probation/jaaroje or'co
4. That the circumstances of his_casej ndicate"'ffie*<p'rdb'a bilit'y 'of fight
453. 5 years, the accused shall be .vith notice to the accused, of
454. habitual delinquent, pr has
455. n ; '
456. d sentence, or violated the
457. nditional pardon; if reiease on bail; o
157. ,
wh
eth
ei
bai
l
i:>
a
ma
jtlei
of
ing
or
lit
mu
st
be
as
ke
d
to
158. ion,
the
jud
ge
mu
st
$et
the
sub
mit
his
rec
om
me
nd
atio
n.
159. ?
160. 5. That there is undue risk that may commit another cr'fm'e'&uTingJthe pendency of
the appeal.
161. s the order of the RTC denying the application of the after corivictiop and during the
pendency of the appeal final?
458.
459. No. i he appellate court, may, motu propio or on motion of any party
460. RTC after notice to the adverse party, and approve modify as reverse the lower court's order. When is an accused riot-
entitled to bail?
461. |
462. Under Section^ of Rule 114, no person charged with aCcapital offense, or an offense punishable by recl usion
perpetua or lifeJnip_ri.spiiD3.erit shall be admitted to bail when tlije evidence of guilt is strong, Regardless of the Stage of the
criminal prosecution.
463. W h a t is t he eg a definition of c.z
464. A-capital offense is an offense which under the law existing at the timje of its commission ancji of
th cipplicatioirf67
;
"aa"rfusson to bail, may be punished with death. (Sec. 6, Rule 114)
465. Ar. acc used was charged wjlii rape with_homicide which is a capita offense, may he apniy for bail?
466. Yes,.Being charged with a capital offense is not a bar to an application for bail. Application 'for bail should not be
confused with admission to bail. To be barred from bail it mu of guilt of the person charged with the capital offense is strong.
467. Who ha s the burden of proof that the evidence of guilt is strong?
468. At the hearing of an application for bai! filed by a person who is in custody for the commission of an offense
punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that the evidence of guilt
is strong^_(.Sec. 8, Rule 114)
469. What the nature of the hearing in bail application where the-offehse is a capital or'fehse or punishable with reclusjkm
Jjcrpetua or life imprison merit?
470. The hearing of an application for bail is summary in nature, meaning,_a brief and speedy method of .receiving and
considering how strong the evidence of quift of the accused.,.lis fomtlie^ purposes of baji" n
471. 4
162. r
472. 0such summary hearing (tie court is not
concerned . i.ou! the emmiem of . /id guilt beyond
reasonable doubt. Precisely, there is .v.
:
li need
trie! on !> n of tne people to prove the guilt of the
accused wilt, moial ce: dtudc.
473.e.
3
its to ret- ive Pa ev
474.
475. Suppose the prosecution refuses to adduce
evidence or interposes no objection to the
476. application for bail in non-bailable offense, is it
mandatory for the court to stilt conduct
477. hearing.
478. The trend of jurisprudence requires the court to
proceed with the hearing despite the absence o
479. fevidence of the
people. t is still
mandatory for the court
to conduct hea
clarificatory questions.
For even the failure of
the prosecution to
interpose an to the
accused will not justify
such grant without
hearing.
480. COMMENT
481. seriously doubt the soundness and justice in
such trend of our jurispi guilt" is not synonymous with "evidence of
guilt beyond reasonable.doubt." summary hearing; the second is
determined after a full blown trial on the men "ing and ask
searching and abjection to the grant of bail
482. udence. "Strong
evidence of The first is
determined in a ts.
3
4
1
1 1 f
66
166.
167.
168. ready
169. However, the evidence presented during the bail ho icing i". automat with right of
either party to recall any witness foi additional examination ui dead, outside the Philippine;., or
483.
484. f the prosecution could not adduced strong evidence of guilt during) the
bail hearing, could we expect it to present evidence demonstrating the guilt of the accused
beyond reasonable doubt.
4
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486. B
y allowing the judge to ask searching question during the bail hearing, where the
prosecution remains mute, do we '(t make the judge assume the burden of proving )*+,t
the prosecution fails to prove or could not prove.
. :
487.
488. When may we consider the evidence of quilt of the accused is strong to
wfuxantjjemaj_of jjjs application for bail in non-bailabie offenses.
489. Like the matter of probable cause, there is also fixed and clear out (rule for
determination! how strong should "strong evidence of guilt" to support denial of a petition
bail, 'jo my mind each case imust oe resolved upon its own facts and circumstances. Bvt it is
certain that a finding of " strong evidence" Joes not require an inquiry into whether there is
sufficient evidence is that it procure convictiorj. My submission is that it is enough if from the
application of the judge the evidence can engender judicial relief that the accused could be
guilty of the offense charged,
490.......A/hat is the form of the order cm a ntinq or denying b a il i t i ca pita loffen 5 es p
en alized kyith
491. eclusioii perpetua or life in; oris on nient?
492. The order resolving the petition should be in writing containing the follo\ Statement
of the matter; ^-s.2, A summary of the evidence adduced by the party; A statement of the
evidence sustained by the court; The reasons of the court; 5. The decri al portion
493. tumrnary of the proceedings on application for bail where the offehse c ha ru ed is a
capital ffense or penalized with reclusion perpetua or life imprisonment.
4
9
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.

170. -
4
9
5
.
]
| for bfiii or ijcquirement to viom
496.
v - - - u u ' - ' "
N1
j u<u. "t>-t., .. ,i,i 1,m 1 or requirement to .\uomit nr.
recommendation. ( Sec, 18, Rule 114)
2
' Conduct .ajTeariiig^,of the application for bail
the prosecution to
497. present evidence to show that he guilt of the accused is'strong for the
purpose of enabling! the court to exercise its sound discretion. (Section 7&8, ibid.)
68
171.
498.
499. himmriv of the rules whe-"--' application for bail is filed in bailable
500. j. before and after convir. son by the first level courts, bail is matter
2. Before conviction by the RTC, whether in the exercise of its origir a matter of right.
( bid.)
3. After conviction by the RTC imposing a penalty of imprisonment bail is a matter of
discretion. (Sec. 5,1 bid)
4. After conviction by the RTC wherein a penalty_/.e.xce_edmg__6. yea! imposed and
any of the circumstances stated in Sec.5 or any oth and proved;*.jio bail shall be
granted, (Sec. 5, bid)
5. After judgment has become'final or the accused has commenced allowed. (Sec. 24,.
bid.)
501. S. f before.,-judgment has become final, the accused has dul y applh
502. same bail bond with the consent of the surety or under a ntjjw bail
bond, or released under recognizance.(Regalado, pp. 416-417).
503. Where should application 'for bail be filed?
504. As a rule bail in tfiamount fixed may be filed with the court whei n the
absence or unavailability of the judge thereof, with any regional trial judge or MTC.
Judge in the province or city or municipality. ,2r. if the accused is arrested in a
province, city, or municipality other than where the case js pending, bail may be filed
in any RTC of said place, or if no judge thereof! is available, with any jMTC judge
505. therein. -
;
506. jf a
person who is in custody has not vet been Chargeln--C0urt, _h^ may apply for
bail with any coup>
!
in the province, city or municipality where he is hold. . |
^ *
507. m During the pendency of appeal that: is after a notice of appeal has} been filed
but before the records are, elevated to the_ appellate court, application for bail
may be acted upon by the RTC which rendered judgment
of conviction.
508. nature of the offense j from
non-
509. bailab.le. to bailable the .application for bail should be filed with
anc" Tesoiyed by the.appellate court?"
510. the
511. ;?*? When the grant of bail is a matter of
discretion or the accused seeks to be filed in
179. if
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178.
172. o
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173. al
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la
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174. w
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6
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175. s
b
ut
n
ot
m
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e
th
a
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y
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is
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si
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il
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180. . cid-r.
whether
:-k a-.'
'-:;icc of cf
the < u U-
nci of the j
o'-e; u :.:n.
the guilt of
me ::.: d
is :-.nong,
deny t
rproval of
the bail bai
d.
( Herrera,
p.-;03).
the court where the case is pending whether on
preliminary investigation, trial or appeal
512.
513. Suppose the application for bail is denied by the
RTC wl
514. -./t(01
515.
516. KjS,cgmedy to Jn id a to a special civil action j1tlie__Cgurt, of Apaea]st not
in the Supreme Court, within(sixty da^sjfrom the date of deniaj.
517. Suppose the ' bail is filed with and admitted by the
court other than the one-whose the case is
pending, what should the judge who accepted the
bail do with the bail bond
518.
519. j_he...acce^ptina_judge should forward the bail bond to the court w
with the order of release and other_supportinq papers, i he latter court another or different
bail to be filed.
521. ncrease or reduction o f bail
522. Forfeiture of bail jUjWv UvuaJ b "6,l , ^ M
70
182. .
185. 2
186. ?
1$3.
523. (Wl/.'E .3 3 ^.RGHTS OF ACC.U S feD
524. 1. 1 ho. mht to be pro;.enice:- innocent until the i.<. 'iLti'JJ'.
1
' proved bc-mlnd reasonable cjou V..
525.
526. Pi oof beyond reasonable cioubt does not mean such degree of proof Mior,
oi as producing absolute certainty. Moral certainty only is required, oi )ioduccs conviction in
an unprejudiced mind.
527. as, excluding possibility of that degree of proof
whic
528.
529. nen of reason, that the defendant is guilty of the
crime charged. More conje ;ot sufficient to warrant
a conviction.- s, as
530. :ture or suspicion of guilt i
190. An accusation is not synonymous with guilt. Whoever impuU s on another any crjminal
191. h
192. Moral certainty signifies such proof as will satisfy the judgment and
conscience of trial judge
531.
532. The r i ght t o be i nf or med of t he nat ur e a nd cause of t he accusat i on agai nst hi m.
533. Arraignment is the formal process and manner of implementing the cc ght of an accused to be informed of the nature
and cause of the accusation ac
534. During arraignment made in open court, the judge or clerk reads to th (formation in the language or dialect known to
him, and asks whether the pleajds guilty or not guilty.
535. i
536.__________________________________. The right to be presented________defended in person and by
__________________________________counsel; at every stage of the
537. r occeci i nq.
538. The presence of the accused at his arraignment and at: the promulgation of the judgmer laudatory and
cannot be dispensed or waived. However, at the other stages of the proceeding 2tween, the presence of the accused
may be waived and dispense with provided he has been atified thereof and he is out on bail. But if lie is under
preventive irnprisoijment the presence of reused cannot be dispensed with.
539. f he is a detention prison and he escape the presence of the accused lis not necessary except at e stage of
arraignment. VVhen he is ro-arrested his right to be presented cannot be waived.
540. The accused may be allowed to defend himself in person provided.the cc e capacity to properly protest his right
without the assistance of counsel.
541. /'j2!-vJ J+.W ,1'-. 7rW'8, ,i ',I'i9+: , if i, ;< W,tJ+ The right to testify in his onm behalf, but cannot be
compiled to be a ijvitness against hirneeh.
542.
i
543. However, where the accused
testifies in his behalf he is subject to cross-examination on 'the atters covered by his direct examination. !
544. The right to confront and cross-exam ine the witnesses against him at the trial, or to util'ize e testimony of a witness
at a former trial
545.
i
546. As part of his evidence if such witness is already deceased, out of the' country or whose whpre out are
unknown despite the effort to locate him, provided the other party had the opportunity to crojss- arnine him. This is similar to
Section 47 of Rule 130.
193. s
194.
547.
548. The right t o have compulsory process issued to secure the attendance of witnesses and 3ducton of other evidence
in his behalf.
549. Jierjoht to have speedy, impartial and public trial.
195.
196.
550. i he process of informing the accused of
the nature and cause of the accusation against
551. id consists' of furnishir
kn0jyjnjs.arxaignmeap'. t is made in open' court by the judge or clerk, a accused with a copy
of the complaint or information, reading the same to tjhe accused in a language or dialect
known to him, and asking him whether he pleads'guilty or not guilty.
553. \A/here'should the arraignment made?
554.
555. /
556. Wl'iem'shouid the arraignment be made?
557. The arraignment and the pre-trial of the accused pleaded not guilty to held
within 3(Ld.avs from the .dafe Uve..cou.ct.acc|uires jj^sdictip.n_p^gr_.th.e .pe period of the
pendency of a motion for a bill of particulars, or other cat arraignment -should be excluded.
558. the cr ime charged should be rson of the.accused.
Rut the ses justifying suspension o
197.
198.
199. RULE 116 - ARRAGNMENT and pies
What i s t he concept o< ar r a i o n ment ?
200. n all criminal prosecutions, Lhc accused has the constitutional right ; ,and
cau_se of the accusation against hirn. (Art , Sec. 14-2, 1987 Constitute
201. Arraignment should be made in open court before the court which will [hear the case.
559.
560. What is the procedural nature of the required arraignment?
561. Arraignment is a mandatory requirement absence of which prevents the court from acquiring jurisdiction over
the-issue.
562. However, this procedural flaw or defect may be waived as; (1) where! the defense counsel eitered into trial
without objection regarding the absence of arraignment of the accused; (2) cross-examinsd the prosecution witnesses; (3) the-
absence of arraignment has not produced any [prejudice to the accused; (4) however if the accused is charged with a capital
offense or with an offense penalized with reclusion
563. perpetua
or life imprisonment no flaw in the arraignment will be allowed. j j
564. i j
565. Rav defense counsel enter vh v. pica of his client
7
5
202. f
566.
567. No. The accused must be present at the arraignment and personally enter his plea. Bo arraignment and
plea rnust ba made of record but failure to do so will riot affect the validity proceedings.
568.
203. ?
204.
206.
577. '" 3.
l
V;ithin ten (10;
days alter his
arra:..;nmo
578.
579. onducted,
580. s the presence of the offended party
during the iaj_annlent necess al
581. Yes. The presence of the
private offended paey should be require;;
purposes of plea bargaining.
582. N.B.:1. At his arraignment, the
accused may otn-i and hu court may offended
party and the prosecutor/the said accused to
plead guilty to a lesse Ts~ihcluded n the
offense charged. (Sec. 2, Rule 116.)
583. v, why?
584. at the arraignment
1
jr the
585. iow,
with
the
cons
eni ;
V the
r
offen
se
whic
h is
nece
ssar
207.
208. 209.
210.
586.
587. 2. After the arraignment and in the course of the
trial, the accused mr guilty to a lesser offense to a course of the
plea bargaining.
588.
589. fgre__trial ap'd ..before the prosecution^ has
presented ...any evidence, the accused may still be
590. ,,J ~ , r, , , i f-, / /-, a r r-\ fr^ r!\ <r~
er" rri Fb r^ r un'f-h/H r n\A/i nn hie r\ o r\ fi r-i f- r\ i r i 11*\ /
591. not guilty.
592. /A. n any case,^no amendment .of thexomplaint
or information is necessary.
593. Suppose after arraignment the information is amended,
is it necessary to arraign the accused under the amended
information?
594. /
595. t depends on whether the amendment is on
non-substantial.matters c|r on substantial matters.
596. f the amended information refers only to non-
substantial mailers the accused need pot be arraignment on the
amended information.
597.
/'
'
!
598. However, if
the amendment refers to substantial matter.thg accused {must
b.e.arraiqned under the amended_mformation/and if this were
not done andTlTe'defect is brought -to tjhe attention of the court,
211. y
214.
the defect constitutes a reversible error. '
!
599. When may a plea of "not guilty" be entered for the
accused?
1. Where the accused so_.pJ.ead;
2.
3. | >
4. As a rule when an accused enters.an
unconditional plea of guilty, he [thereby admits the crime and all
the attendant circumstances alleged in the information including
allegations of conspiracy, and Warrant a judgment of conviction
without need of further evidence. ( Regalado, p. 466.)
5. What are the exceptions to this general rule?
6.
1. Where the plea of guilty was compelled by violence or
intimidation
2. When the accused did not fully understand the meaning
and consequences of his plea.
3. When the information is sufficient to sustain conviction of
the offense charged.
4. Where the information does not charge an offense,
any^conviction thdre under being void.
5. Where the court has no jurisdiction,
f
2. 3. Be
3. allowed be plead guilty to a lesser offense after
withdrawing his plea of
7.
8. i U!se during his arraignment for the offense of
homicide, the accused pleaded ouilty o'( the
9. :harge but he was allowed t o adduce evidence to prove
the priv ilege ;mitiqating circumstai )f incomplete self-defehse.
But in the course of his testimony, the apcused claimed complete
;elf-defense. However, the court believe the evidence of the
accused on complete self- defense.
10. i ices
11. ind thus rendered judgment acquitting the accused of the
crime of homicide. s the contention
12. :orrect? Why?
13.
n People vs. Balisacan, 17 SCRA 1119, where the
accused first enterjed a plea of guilty and was illowed to prove
the privileged mitigating circumstance of incomplete self-
defense, but in his testimony he :laimed complete self-defense,
the Supreme Court hold that the testimony of the accused had
the effect )f vacating his plea of guilty. The trial court should have
required the reanfaignment of the accused in )rder from him to
enter a plea of not guilty, or at least it should directed [hat a plea
of not guilty bo intered for him. This not having been done there
was no standing plea at the time the court rendered its udgment
of acquittal. Hence double jeopardy has not set in because the
existence of a valid plea;is an ;ssential requisite of double
jeopardy, ( Herrera, p 502.)
J
14.
j

15. iupDQse an accused who is


charged with a capital offense
offers to plead guilty of the offens
16.
4. au
ct
a
se
arc
hin
g
inq
e.;
on
ple
a
an
d
sh
all
re
qtii
n
the

n
3,
nil.
-
11
6';.
its
dis
cre
tio
n
ma
y
rec
eiv
e
.lio
n
4,
rul
e
11
6),
(se
c
als
o
7. e
5. Where the accused pleads guilty to a capital ohrn.-.u,
die ..ourt n.usi Cw the voluntariness end full comprehension
of Hi.- c nn-.equunce of hi'- pro:, ecu!ion to provv hi.-- 'et
arid lite precise ...............................<' u.lu.thiiii-. (>..
6. 7. When the accused pleads guilty to a non-capital olfc.nse,
the court a evidence...from .,the parties to_determine the
penalty to be imposed (sc "Regalado, pp. 466).
10.
18.
21. No, the court should conduct a searching
inquiry in the voluntariness ahd full comprehension of the
ronsequences of his plea and must require the prosecution to
prove his guilty and the precise degiee of ruipability. After which
the accused should be allowed to .present evidence on his
behalf.
2. The "judge must conduct searching question in to
the^vo u nta ri nesji an|ri ru 11 comprehension bjy
the Accused of the pofi s eg u e n ces"ffi "TTis**pi ea,
by requiring him To"riaTrate when7^7heTe
_
Tow~ah"d
why the
11.
12. l
i
z
e

t
h
e

c
o
n
s
e
q
u
e
n
c
e
s

m
i
l
t
e
d

t
h
e

c
r
i
m
e
.
34. 6viaj/,a plea of guilty of a capita) offense be sub sr-gui-ntl y
withdraw n?
35. Yes, provided the following conditions concur:
1. the plea of guilty is improviciontly made;
2. The judgment of conviction has not yet become final.
36.
37. t is believed that the same strict rule as in Section 3 of Rule 116 also applies
to offenses pen with reclusion perpetua or life imprisonment.
38. Section 4 of Rule 116 grants the court discretion to icceive evidence where
the accused pleads guilty thereto. n'other words, where the accused pleads guilty of a non-c
offense, the court has the discretion to receive or not to receive evidence.
39. There is, thus, an apparent gap in the law, but since the applica
favorable to the accused, such procedure should be pursued
40.
82
1. fp.ly
2. Section 3 o < Rule 1 3 6 me ntion: only capital <iffonsr. Does this means to offense penalized with reelu;;
4. only
in
non-
capit
al
offe
nses
,
5. apita
l
6. ion
of
Sect
ion 3
woul
d be
7. .
50.
51. )Othetica!h admits the fa- :s ait. .-ed in the inh'Mts.ii. :.i ;u.:>. i u !..missal on tin- m,
! .''
52. /
4
r ' ' Wl J.
53.
jmC'i iiiCd n Seel ion 9 Of ""O'lf * /. Monro fhr rnuri :< olm<) *-- monOu cannot
consider .- ., '. jtrary to these alleged in 11 if info -uiation or which do n u' .lup.'.n on .- .k.c
iff the inloi malion. c>< f')( ise admitted by the prosecution, (b.ocfilado, p. -' / / . '

j '
54. ten may s motion to quash be fi led? u
55. A motion to quash may be filed at any time before the accused enters his
[pie.a.
56. a motion to quash subjects to any prescribed form ?
57. Yes. The motion to quash should in writing signed by the accused
58. stinctly specify its factual and legal grounds. The court cannot
consider any cjther ground except those ated in the motion.
(Section 2.
59.
66.
W|v
* fJi^crhcJ-
4 The accused appears to be sufferinqjTom_an unsoundjiiiiid..which
jfftktively renders him unable to understand fully the; charge against him and to
plead-intelligently thereto,....n such a case the"court /4R,TT(5065 his
rr'ie'ntaLexarojJiation arid if necessary, his confinement for such purpose;
83
10. )
14. ?
15. The failure of the accused to assert^iy-ofJtJ^ a motion to qui
16. Dt file a motion to quash/orfailed to allege the same in said
motion, shall b
86. A complaint or information charging more than one intense. except. wle.n a single p-. unity cribc-d
by law for the various ofk-e es, con be cm d wh.-: ipgnubly.pieerie ;.to> only by_anu num.. hat only
on-i offense is charged separate con'p;!:',u:'. e; information :-ho:i r ne hied ior eo'.li 0! ! :r offenses.
87. V could VO;J determine if the facts charged constitute or does not; constitute an offense?
88. The facts alleged, if hypot.helicaiiy admitted, constitute ijis^feme^xif tin2 offense charged.
89. ;TURE
90. .Lack of jurisdiction over the .offense charge and over the person of the aicused are two grounds! of lotion to
quash. Lack of jurisdiction over the offense charged must exist as a matter of law. The sane mot be conferred as waived by
consent, estoppel or inaction. This ground mpy raised at anytime eyen the first time or appeal.
91. Lack of -juf-isdiction over the person-of the accused^must be invoked as the only qrouB^.oOr 1 e
92. jfion to_qjjash. Of other grounds are included together With a c k"o f j U ri SdtCtlm"TJVSTTbe"~p e rso n of 'the
93. :used, jne is deemed to have submitted himsfilLtQ.. the jurisdiction of the courlt and to have waived jack
94.---jurisdiction over hls~person. j i
95. Other
forms of lack jurisdiction are over the place where the offense was committed and lack of .'isdiction over the case. The first is
established and defined by the Supreme!Court pursuant to Section ; of Batas -Pambansa Big. 129, otherwise known as "The
Judiciary Act of # 1980; and the second is quired by the court upon filing of the complaint or information. j
96. uiat the officer who filed the information had no authority to do so is one c/f the.legal grounds f a motion to quash.
Suppose the appointment of such person is attended some irrequlari'ties ill these be sufficient ground to invalidate the
information.'
97. =fln'c)r i
98. No. rregularities in the appointment of the prosecuting-offen-se-who signs
thej^nformation wilj not ecessarily invalidate the same iM]e_an_b.e considered a defacto officer. What wTTTlnvalidate the
^formation is where the person who.signed the same war disqualified from appointment to such position, Dr then the information
is invalid and the court does not acquire jurisdiction tq try the case. (Regalado, p. u83) ' j '
99.
100. An infirmity in the information
such as lack of authority of the officer signing it can_not be cuijed by silence, acquiescence or even by express consent,
because it is a valid information signeefby a competent officer which among*other requisites, confers jurisdiction on the court
over thje case and subject matter of the accusation. j
101. That the c riminal action
orJieb^lt^v- has' been extinguished. How are criminal action or liability extinguished? j j
102. Article 89 of the Revised Penal Code provides that crimina! liability is tptally extinguished; j 1. By the death of the
convict, before or after final judgment, because one of the juridical conditions of penalty is that it is personal. (Reyes, Book 1, p.
828);
$
%
)
103.
2. By ..:!,-..esty, which completely extinguisher
v
hr :^:tand all its oifec
3. By si-..-ice of j:he sentence;
4. By u lute pardon;___________
104. ^5. By prescription of cripje/ prescription of the crin.. is ttie forfeiture or loss of the right state"o~proiealte^t?ie
offencer after the lapse of a u erlain length of] time (Reyes, p. 834) 3y|ptescription of
thgjp.enall.yj. Prescription of the penalty is the los the government to execute the final
sentence afte: the lapse of a certain iength of time. 7. By the marriage of the offended party
with lhe offender, as provide
105. What are the instances which if averred in the complaint or inform legal execute-or
justification?
106. ^re^e . o u..........................................
107. The justifying circumstances enumerated in Art. 11 and the exemptin in Art.
12, of the Revised Penal Code.
108. But these circumstances must be alleged and mu5;f~"appear on th information;
otfterwise, they become matter's of defense which the defense m
109. g circumstances enumerated
To be a ground for a motion -to quash is it necessary for the defense to prove the truth
ofithose
111. justifying and exempting circumstances even if they arc allege and kppear on the face
complaint or information.
112. t is believe that the defense need^not_grove the justifying or exempting
circumstances if the same is allege and appears on the face of the complaint or information
pursuant] to the fundamental rule on pleadings that the allegationsjn. a pleading are
conclusive upon the pleaderjandjzannot be contradicted unless shown to havemade through palpable mistake.
113. The last ciround for a motion to quash refers to the existence of double jeopardy. What are the essential factors which the
accused must established in order that this ground may meritthe
114. of the
115. quashal of the, information.
116. n order that the ground of double jeopardy may merit: the quashal of the information the must
demonstrate:
1. The complaint or information, or other formal charge was sufficient in form and substance to sustain a conviction.
2. The court had jurisdiction to render judgment in the case. ovW </ '{typef oj y
3. The accuse-d_bLa.dJbe.eQ arraigned and had pleaded. [OaJjJ, oJ^^^r^y^-J-")
4. He was convicted or acquitted or the case was dismissed (without his express consent).
117. (Regalado, p. 491)---------' -H
118. j
119. Wh at is the effect if all the requisites of double jeopardy are present?
$
%
)
1.
2. s or
forf
eitur
e of
the
r .
:rtai
n
ieng
th of
time
, j d
in
Art.
344
of
the
RP
C.
3. atio
n
wou
ld
con
stitu
te a
4.
5. fa
ce
of
th
e
co
m
plr
jst
es
ta
bli
sh
.
120. When all the circumstances or
requisites of double jeopardy are present, they constitute a tar to a second prosecution for:' , ... .
121. 17""The same offense, or
2. An atternpt to commit the said offense, or
3. A frustration of the said offense, or
4. Any offense which necessarily includes or is necessarily included in the first offense charcjed. When will the
conviction of the accused(be^^t"^itP
)
to a subsequent prosecution for an o ffense
122. ccused
123. which necessarily includes the offense charged in the former complaint or information?
1. The graver offense developed due to superveniiKLia.cts arising from the same act or o constituting the former charge.
$
%
)
7.
124. The facts
constituting the graver
charge became known
or were
gjSpj^erdj2Qly_after
th of the former
complaint or
information.S. The p....a
of guilty to ;! lev er
.dftens;.: .V:-'.'."'u .hc-
<-.'; ndc'd party/Vnle:.
5
.
offended p
125. noticc and without ju -i if iabl> on:,on.
5 order that the provisional dismissal may not fall under
the purview be covered by a/bat do you understand
about the rule of continuous trial.
&--------- i - - " " '
1
^
---------j jt shall continue from the day
to day as
ar as
T
h
e

r
u
l
e
d

r
e
q
u
i
r
e
s

t
h
a
t

o
n
c
e

t
r
a
i
l

i
s

c
o
m
m
e
n

;
r
a
c
t
i
c
a
b
l
e

u
n
t
i
l

t
e
r
m
i
n
a
t
e
d
.
.
To achieve this end, the
court before terminates
the pre-trial, schedules
the date of the reception
8. i hi; it
till' CO 11' '
appeal at
126.
127. Suppose the s ccused charged with
frustrated homicith pleaded quilt: A /ith
the consent of the prosecuto! ,'ind the off
en dedj;..: t y at the pirn ;tarted serving'
his sentence,, whei'i the victim, v. fio
w;es still ative du
128. v of attempted homicide
129. ba rc. u in inq. The at c
130. ring the
time of th
if the respective evidences of the parties upon the
consultation with their calendar and synchronisation
131
.
mother
prosecution for
an offense which
necessarily
includes the
offense cha >r
information where
graver offense
developed due to
supervening facts
ar >mission
constituting the
former charge.
133. ar to
9. -nv 'i '.no piosetuio; th'. : ..jig,lining u
10.
11. jargaininq, died as a result of the crime commit ted by the accused, ikay he be prosecuted foi
12. c
13. -iomicide when he was dlreadv serving his sentence for attempted homicide..
14. Yes, because Section 7 of Rule 117, the earlier conviction of the accused shall not be a b
135.
136. the judgment he she
137. Suppose under the same
facts where after
conviction for attempted
hbmicide the accuse
138. d; ran ted abso lute
pardon, hut afterwards
the victim died. May the
accused still be
prosecuted or homicide?
139. i
140. Yes, because the subject of his
absolute pardon was his conviction for attempted
homicide, npt his rime for homicide.
15. i
16. However, if the accused has satisfied or serves in whole or in
part redited with the same in the event of conviction for the
grave: oKense,
141. i/hat do vou understand bv a provisional
dismissal provided in Section*8 of Rule 117?
142. t is a tentative dismissal
of a criminal case with the
express consent of the
accused made eitf Tiling
or orally, subject to the.
condition that the case
may be revived by the
refilling of the s
i.fo.r.ro.f;).tion or a new
information for the
same .offense within the.,
period' stipulated in the
second
aragrapJ2_of_Section
8...gf Rule Ji,17
143.
19.
21. .
22.
2..
26. .
27.
29.
I
159. (O'L 160.
case the
aspect of
I S
30.
31.
32. 'e.'irl guilty fe>the less*; offence neces
33. .... ended party's
consent thereto, pro
34. prosecution..of_t.iie -se before the
court. She offended p
36.
I
193.
194.
,ii.!i
in-
1.01
.
ui.:
M i
'.he
cour
t.
The
osio
agre
ed
upo
n by
, :
<.
lor
i.e
re<
-.ipii
oi'i
-A
heir
t
virio
n.v :
-. ii.
i>ipi
:iili.
*ii in
;h..:
j.' o-
trial
orde
r
toge
ther
with
the
othe
i
.i<ji
<'i...
ieiiU
,. |
1
9
5
.

he i
'.lir
e
peri
I S
52.
I
od
of
trial
sho
uld
not
exc
eed
180
lay i
,<m
the
first
day
of
trial.
(Se
ctio
n 2,
Pole
' ) .!
'u..
(
Hie.
196
.
M7-
IV
liie
rule
on
con
tinu
ous
trial
be
sus
pen
ded
.
1
9
7
.
Y
es.
.
Wh
ere
on
acc
ount
of
reas
ona
I S
I
ble
dela
ys,
as
enu
mer
ated
in
Sect
ion
3
of . .
u
in11
1111
ous
;rial
cant
o
proc
eed.
2,
Wh
en
the
post
pon
emc
nl
and
cont
inua
nce
can
not
be
avoi
ded
nir.t
" # # i
layc
mus
ticc.'
mig
ht
ens
ure.
j
198. What (nets may
justify the court
in granting
continuance.
199.
I S
53.
54.
55.
56.
57.
I
207.
I S
58. ^
%.
223. .At the hearing vhe prosecution
must demonstrate lo in.-
a. "(here h absolute nece't'db/ fur the testimony .1
b. here i- no direct evidence evaiinble lor the .e
except the testimony of said accused.
224. The testimony of said accused can
be substaiitially Vhrroborated Tn
material points; ^L
'
236. Supposed tf.eciccu.jeri proposed to be discharged to be a state witnelss as been convicted ...hut lis
conviction is still pending appeal., may he be disqualified to a state-witness on that ground?
242. No. iri Mangubat, et al. vs. Sandiganbayan, et al. (Regalado, p. 542), where(a_t_the tirne/bf the
discharge of the accused and her giving of testimony as a state witness/ her preyibosTcbnyictifan for another
offense was still pending on appeal, the Supreme Court held, the subsequent affirmance of said conviction by the
appellate court not invaficiate,her discharge or render inadmissible her testimony.
59. lit ..-.faction of the
court: - nr.ed
whose; eisrhreepd is
rcc|tieshj'"i. .
eroseculion pi die
oimiKe committee.
6.
1. 1.
4. Said accused does not appear lo be the most guilty; and Said accused has not at any time been convicted o!
6. accused is disqualified to be a state -witness.-O.alyJlfiad jjeen' convicjted by final
judgment. But if : of his discharged his conviction and his giving of testimony as a
:state' w1fness7"His~con\iiction
7. ie.. . . .. _ /T.C /-* f-1 !! r-\ y-. r-, r i i -< r~i --, r-. i >-> r~\ f- i nfoi inrl fr\ y
l"i i r- /-J < /-i t i i {-! 4- /- ~< - /-v ^
24
3.
24
3.
24
3. 24
3. 24
3. 243. imposed
after his
discharge to be utilized as a state witness, the accused retracts and
refuses
244.
9
7
9. >
u
p
p
o
s
e
t
?

a
f
t
e
i
t
h
e

i
i
s
c
o
v
e
r
e
d

t
h
a
t
h
e

)
u
r
p
t
t
u
d
e

w
i
i
l
h
i
s

e
n
10. was
11. accused has been discharge a:>d testified as 'a state witness, it ad
been previously convicted in another case of a riime involving rtjiorai
jnc-ous riischaroe ar,o his testimony be affected?
12. cause of an
earlier conviction
in another he
legal
consequences
of his discharge.
13. 14. No. The discharge of the accused though
erroneous b if a crime involving moral turpitude,
such fact will not affect ict will note affect his
competence as the validity of his discharge.
15.
18.
271.
272. ,, 11'w annot be convicted either with the graver often-:" nor with the leaser offence. He cannqt - -. i,..i ui (ho
graver qffense charged because he has noi uiumiimd such offjense.
273. ii" i annul, be,,convicted of the lesser offense becai- o lie same has prescribed and his crin{im.-;l e.-
iiiy h.r. been extinguished.
274. /11,11 i_yodr perception of a demurrer to evidence?
275. /
276. 8'9A demurrer to evidence is a plea filed by the defense after the proseci
277. ^dismissal of the case on the ground of insufficiency of evidence .to convict the accused.
278. /.ho may initiate a demurrer to evidence?
279. i i l u y
280. mbitA pftrp'O
1. The court on its own initiative after giving the prosecution the pportunity to be heard; mJ rvol'v -/Ae +nr)ojhcv>
281. The defense jM^TyTite)a demurrer to evidence with or without nve of court. ~ " ~ 282.
9
8
27. "
32. .
306. the'court may order the irial and reception of the accused's -vn (< ( n > u:opei|ed to avoid a
miscarriage of justice.
307. What i s the legal connotation judgment?
308. Judgment is the''adjudication by the court that the accused is
guilty charged, and (he..-.verdict is--that-guilty the imposition on hirn rn the proper pe (Section 1, Rpl^l 20.) f
309. t jrtust be written in the officiaManguagef./personally. and directly. signe^M^y him. t shall contain" clearly
a7id"'distTnctly a statement of the fa judgmelirrs~B*ased. (bid.)
310. How should a judge formulate his decision?
311. As a rule, a judgment should contain the following data or features:
1. The offense charge must be legal qualification, the acts committed by the acts,
including the qualifying and aggravating circumstances, Usually this is based allegation of the
complaint or information;
2. The plea entered by the accused;
3. The factual setting of the case as established, by the evidence, which gave rise to the
case;
4. The defepse of the accused and the evidence he adduced to support the
sa)e-/
5. _The >atio decidendi or the reason given by the court to su sta/bife ju $1 g men t;
312. e imposable penalty
313. penalty, and the penalty which may be imposed untjler the' ndeterminate Sentence Law,
as the minimum penalty.
314. ^ 7. The'civil liability or damages caused by the
wrongful act or omission of the accused which may be received^ by the offended
<^pfagpei]Qent qp-the civil liability
is subject of a separate civil actior
/waiveckCSe^ti^n 2~"T"(uie '120) _
315. -
/^^k'JixtiisfcU'.heJudg
ment is fc5c acquitted
the judgment should
316. state^&ether th^evidence of the prosecution failed to prove the guilt of
feTjaccused beyond reasonable dou^3f the acts of the asOised complained of is
justified under the lawfcerr the law exempts hirn from -criminal liability for his acta^or
his acts do not constitute an offense.
317. This is inconsonance w.ith Article 29 of the civil code
and of the rule that the extinction of the penal action does not carry
with it the extinction of the civil, unless such .extinction proceeds from
a declaration in a final judgment that the fact from which the civil
liability might arise does not -exist, (Section 2, Rule X.
318.
9
9
34. na
lty
an
d
civ
il
lia
bili
ty
35. pr
ep
ar
ed
..b
y.
th
e.j
ud
g
ct
s
an
d
th
e
la
w
up
on
36.
37.
39. sustain ics juagment;
40. f P/l. J-t_the j udtjmejTl^is
jQjjran^ictipj^, the pro'Wi^by
the law violated, as the
maximum pi
41. "
T
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o

m
"
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U

i
i
e
~
3
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e
u
i
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a
s

b
e
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e
r
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e
d
42. lias been
43. )
44. icjopos
e :iip,
Hmciaa
m:
.pars
2006.
How
the Su
kie
unsxp
unknow
n
45. 2MIIS.-_3.SL.. 20 int.
unknown to the. patrinn .pro
irrigated the vi.:'dcjn'ic-i"t, ."
th
327.
328. coed in the info rmation which quarried
:
i,e killing into niurci>:;. Nonetheless, the evidence of &" prosecution h s
s_estabh*shed beyond reasonabl c.doubt th a i the victim is the illegitimate anclfather of the accused. With what crinie may the
acciiscd be held liable?
329. The trial court can convict the
accused with homicid--. he accused (cannot be convicted vi'ith Hiicide, because his relation with the victim was that an
illegitimate ascendant. Murder was not proved, .ntiicide, the crime proved, is included in the crime charged. |
330. When there is a variance between the offense charged in the complaint or information and that oved, and the
offense charged is included in or necessarily includes the offense proved, the accijsed iall be convicted of the offense proved
which is included in the offense charged, or the offense chaijged hich is included in the ffense proved. (Section 4, Rule.)
331. ow will you differentiate Section 3 of Rule 120 with Section 19 of Rule 119?
332. i/hen does an offense charged necessarily includes the offense proveb; and when the offense
333. roved is necessarily included in the offense charged?
1. .. .Ao offense charged necessarily include the offense proved
334. vhen some of the essential elements or ingredients of the former as a leged in the complaint or nformation, constitute
the latter.
2. An offense charged is necessarily includedjn the offense. )roved"when
the~essentiaTTngTrecfienFs"oflih'e"'forme*+con s tTtci te"or form pajrt of those constituting the alter. (Section 5, Rule 120)
335. H ow does S act me of fiufe &..20 operate?
1. When the offense proved is less serious than the offense j
charged and is necessarily included in the latter, the defendant cap be convicted of the offense proved. Example
offense charged: Murder/offense prove: homicide^
2. The offense proved is more serious than arid include them
336. offense charged, the defendant can be convicted only of the offense charged. Example dffense
charge: Slight physica injuries;/offense proved: serious physical injuries.
3. The rule does not require that all essential elements of the offense charged in the information be proved in order
that the accused may be convicted of the crime included in the one charged, it is sufficient that some of the
essential elements or ingredients of the crime charged be established and that these constitute the crime proved.
;
337. Mow is judomeerri: eroira'iSqated? . J
338. The judgment must be promulgated by reading the text of the decision in its.entirety in the presence cf tea
accused and any judge of the court in which it is rendered. Merely r ea,i ng
339. the dispositive pe.tloe of the decision to t +6 accused : / not sufficient. The fact and the law upon which cnelt * 6066.';snt
6; based must be read to the accused; T+6 5 6<.: 5 6=6't =./t be
340.
341.
The court which rendered the decision should send X6
judgment to the Executive Judge of the RTC
342. which-has jurisdiction over the place where the accused is confined or detained with the request) that the
343. judgment be promulgated. Such Executive Judge, after promulgation,.shall have the authority to accept
344. the notice of appeal and to approve, the bail bond pending appeal: However, if the decision hascTTang-ed-
6 A judgment of conviction has been rendered.
1
0
0
345. .!>uu y.iitiio tQf Hie off. nse !: ."'ii non-ba i la bit' to baii.iblo the , i|>j >! i!n;n ! ; bail can be filed
in a: id resolved..,.. nly by the appellate eou/f. ^
346. Supposed the-'kct used, despite proper no! ices, fails to r;pp.:nr at the scheduled da.te of jiromuqation, how should
the promulgation be effected?
347. The promulgation shall be made by recording the judgment in the rrirrji mi'i .1 copy thereof a; his last
known address.
348. uu{ow will the non-appeatancg of the accused at the pro mulgation affect his case?
349. f the judgment is foiyconyiction and his failure to appear was without justifiable cause, he shall ose the
remedies available to him under Rules against the judgment, and the court shall order his arrest.
1
0
1
350. tf \ i/
351. J, Judgment also bcicoraee;final whorr ilk- -n cuscd stiver the.
352. / i
353. !. -.ili-'i |j.iiUally oi" totall y/tJMvhsii the accuscd waives ,n writing his right t<|) appeal;
354. i iiidgmcnl hecomes^final immediately vv[u.m_[hi?_a( rused pii, ini
(pful)ntjj2d--
355. When the accused is sentenced to suffer the death penalty, > judgment becomes final(^Tter~15
"daysJrgm__Uie_accused is notified of the decision of thCSupre
356.
357.
359._________________________sciuianties .preendmial t( the rights of the accused, while identically the ground
360. :onsideration u nder Section 3 ere errors of law or facts. What are differences between a sections of geeie N.21?
361. The first ground/of new trial that the errors of law or irregularities haye been committed during
362. the
363. trial, The phrase ''uDuring the trial" refers to the period from arraignment to the rendition of gment and not only
to the trial proper, and -considers, as errors committeid during such period, ding of trial over the objection of the accused
despite the lack of preliminary nvestigation or where used was denied of competent accused, or where counsel was not
afforded 15 clays to prepaje-for"trfial s ground of new trial may require further court proceedings. ^
364. A mot ion fojutBcoosid ecatl an looks into t h e^e''rrdrs~oTTaw'" or' facts .made! i n th e -j u dgment jts.ej.f :s_not
r e q u r t l i e r proceed^ ..Bj j t i a v \ island
to make them conformable to applicable ..law, and established facts irj th*e"'evigehce".~To"cort" h errors no new or
further trial is required.
102
49.
50.
51.
53. at
th
e
tri
al,
an
d
w
hi
c
$
%
$&
55.
C
h
56. Hi! lit' minq tlie judgmerit oTThe trjaJ_^urt. LE 121 - NEW TRAL, OR RECONSDERATON
60.
62.
63.
365.
366. I' (5 065 t +,t '6w trial 5. ..vy be._f?
ra> t ?. @. ". A : A omul (: !!5 0!65 6* : . . . ' . 1: . (5 ' 88B * !+,t act>rs =./t C6 /+( w' t ( \ +6
t 5 : ,4 -(.5 t t (. . : t / baUsfac.Unj. 'j ' ".........
367. Sif That was u11known }o_die accused durine '-hi'
hud .-.nd wus Jiscovered only after the Jria;
368. /2. That such evidence could not have been discovered
and jroduced at the trial despite reasonable diligence;
369. / ~0>. That the newly discovered evidence is ol such weig ht, il idmitted would probably
chancie judgment find re.si ill of the case.
370. vlame some exam ple of,evidence
which(vvn7n^just^ of new trial?
1. f the newly discovered is smnpiyjilipeaching. cv*'^ i^^^otoyy Q^n'o^^uJ
2. f it is only corroborative or cumulative, ^ .
3. Where thepevvly discovered evidence is inherently improbable
4. Where tbevdewly discovered evidence consists merely of recantation of prosecution witnesses, unless there is no other
evidence to sustain conviction except the testimony of the recanting witness.
371. resolution of any question of fact, the court sets the
372. or hearing witlTlvJtlce to the" prosecutor, and the private.-prosecutor, if there is one, to receiv
373. evidence thereon jyaffidavit or otherwise. (Section 5, Rule 121.) [
374. -
375. LS affidavit of r/;;rit a re- ~ui. cmant ^notions for new trMjilildilliO^ijSgseZ
376. Unlike in civil eases, the absence of affidavits of merits in motions for hew trial in criminal
cases i
377.
379.
380. What are the effects if a motion for new trial is granted?
381. 1. f the new trial is granted on. the ground of errors of law_
382. dS committed during the
383. trial, ali the proceedings and evidence affected thereby are set aside and taken_n_ew in
384. denovo. The court may, in the interest of justice, allow the introduction of additional evidence.' 2. Where the new
trial is granted .on the qrouncL.fif_.'3ew.!v' discovered evidence,/the evidenc
385. a re a d y a d cl u ced__shalL siand and the newly discovered and suchiother evidence "as~fhe[ court
nT^rm"Bie~Tnterest of justice, allow to be introduced shall be taken and considered together with the evidence
already in the record.
386. Suojrjoee
d 'fri,s s
387.
388.
chart!
389.
390. the accused
with a
391. greater offense, bu.t after trial oh the
398. however,
th a j
399. ."'.
u v.-.':sitv.;
o-r.j
400.
1 i. If
rn
401.
402. c the accused,
upon
403. motion, a new trial, and remandejd the
423.
424. No, such new trial does not amount to placing in double...jcpDardy for the sam e offense within the contemplation
of the constitution, The appeal of the accused(arnpunts to a 'waiver to the^TeaToTsecond
425. .jeopardy)by askinaJ;ha.LiieJ;v.ii.oj:)iiiJxted for the same offense for which ne "as once been convicted and if that request
be granted h<-; must take the burden with the benefit and go b'ack for the new trial upjon the yvhoTecase. (Herrera, pp, 809-8*10)
426. ?5;4 122 , -W@1l
103
66.
67. s
69. lot a
fatal
detent-
rand can
r-
(Regaia
do, p.
5/3.)
70.
72. Si-.-^JmaJJ cases^yhen the court grants n_ew triajjjr reconsideration, the erHginal judgment siLaiL.be Cjet
askie- .ii ^cate': u and a new judgment rendered accordingly. ; - '
427.
428. f.Any parp/ may appeal from a judgment or m il .udei unJuesjjTe ecqusea will be placed in ! opurciy, (Section :>)
429. When may judgment ororder be considered final? >
430._________________ o /'. coJ
rA
^
431. A judgment or order is
finaKfoi^iimases of apaeah if incompletely 'disposes of the'issues so that 11o 111iiuj moreJsJeft j^bejigrie-__by the trial court oj; no
further questions affectino thejiieritsj)fJ^^
; 1
'e/^iTn for adjudicat ion.' i
432. .flow wiil distinguish final judgment for
purposes of appeal from final judgment for purposes of execution? j
433. Final judgment for purposes of execution is one wherejpReen daysVrom receipt of the Pa-tvwho diisfrejo appeal,
but failed b file the necessary note of appeal within the He^jrientary_pej^,(^Ft^thir expim 11 cm .of the 15:_dayj3eriod from notice,
the judgment is said to have become finaj^and executo ry.
434. The pros&curie .may appeaj from the ruling of the trial court, provided the accused! is not placed in double nopardy. When
may an appeal by the prosecution be considered to have not
435. placed the accused in double jeopardy?
436. / l , f the case is dismissed uoori rnotion/o_with_the consent of .the
accused; ,
2. f the dismissal is not an acquitted or based upon consideration of the evidence or of the merits of the case;
3. f the question to be passed upon by the appellate court is purely legal so that should the dismissal be found incorrect,
the case woujd have to be remandejd to the court of origin for it to determine the guilt or innocence of the accused. -(Rehalado, p.
583.)
437. May the oftee-feejxjjtv a.p.^ere eoie the judgment of the trial court?
438. Yes. But the appeal shall be limited only to the aspect of the-(civil liability^bf the accused. The appeal of the
offended party insofar, as his right to civil liability is concerned is independent of the right cilv-andjjerfection of his own appeal by,
the accused. Jji_otfi&r words the appeal of the offended party will (not affecTl.be crimina -aspect of the case.
439. Where nr ,y en tr/ijaeal be inker,*:?
440.
1. To the RTC in cases decided by the first level courts;
2. To the Court of Appeals or to the Supreme Court in the proper j cases provided by law, in cases decided by the RTC;
and j
3. To-SupremeCourt in cases decided by the Sandiganbayan and the court of appeals only in questions purely of law.
-Voy/J W'
7
441. v A
442. {-Sow may aenenl betaken
443.
7 The procedur_abserved in the RTC also applies generally in j j -the first level courts,<p<&oi)vvhere a particular provision applies only the either
court.
104
73.
74.
75. ?
76. 77.
445. first level courts in s&ecific casa-st
446. What criminal casesjCaJLliLpder the exclusive jurisdiction of first level courts?
447. 1. All violations of _city or municipal ordinances committed vv thin their respective territorial jurisdiction;
2. All offenses punishable with imprisonment of (hot more tharjs six veary irrespective of the fines and regardless of
other imposable accessory or other penalties and the civil liabilities arising therefrom;
3. All offenses involving damage to property through criminal negligence;
448. NOTE: The penalty for reckless imprudence resulting in homicide as arrest prision correctional in its medium period. - 4
months and 1 day to 4 years to 2 months. The felony falls under par. 2 above:
449. All offenses committecf\iol fajjjjig^mder the exclusive original Jurisdiction of the where (iwie^iLihe
accused is occupying positions corresponding to salary grade "27" and higher.
450. 5. offenses>where the only penalty provided by law is a fine<f)ot exceeding P4.000.00
451. Of the crin i .a> ;ases wlthia. the exclusive original inHsdiction of the "first level cor rt, what
452. $-ases are si : ./ a' to^esumr m' .ry proceaur&j jfr
1. Traffic Violation
2. Rental law Violations
3. Violations of city or municipal ordinances.
4. Ali other cases where the penalty does not exceed six months and/or fine of P,000.00 irrespective of other
imposable penalties, accessories or otherwise, or of the civil liability arising
453. there from.
5. n offense involving damage to property thru criminal negligence when this impotable time
454. dees<fiot
exccedJ)Ptp ,fiQLCLQ~ ^
455. ["Sow are
crinjincj
actjon stcoiiimen
ced in the first
level
courts?
456. f
o rmation
only by
457. When a. cp;,; j la hiffas information is filed in a first level court, what is the initial st< court should take?
458. The court should determine where the action is proper for summary procedure of fpr regular procedure, and
should issue the corresponding order declaring whether qr not the case shall be governed by the Rules on Summary Procedure.
459. Whatxdo cu.nts..should accompany the complaint or information?
460. The complaint or information.should be accompanied by the^affidgvits of the complainar
461. Witne sses in stich under of copies as there areLaccused ftj^ptwo copies for the court's_fije.
79. CriminalJtctions in ..the first level courts are cornnienced either by a/omplaint as 4r
ifiTorrnatioi
80. 'in j ;ai:ro-Manila and other chartered cities, where criminal actions.are
commencec :ion, unless the offense-cannot be prosecuted de oficio.
83.
462. What-shgejj ptha^affj davi ts contain or state?
463. u/ ] ht^ affidavits should S' ^LE only facts of dn-"'-i PUR ounl knowledge hi the affiants wlikh OK
inTssiblo in evidence, and should show their compcU nee lo testify to the matters stated therein.
464. 11at should the court do with the complaint or inforn-.aU.oji?
465. l.lf commenced by complaint. - On the basis of the complaint arid the affidavits and other ulonce accompanying
the same, the court may dismiss outright for being patently without basis or merit id order the release of the accused if in
custody,
466. 2.if commenced by information. - When the case is commenced by information, or is: not smissed outright the
court should issue and order which, together with copies of the affidavits and cjther
467. the
468. /idence submitted by the prosecutor, shall require the accused to submit hi^ counter-affidavits anc (idavil.M of his
witnesses as will as any evidence his behalf, serving copies (thereof on the compla u prosecutor not later than ten days
from receipt of said order. J> J,
469. fter the issues have been joined by the filing of affidavits and counter-affidavits, the cjourt hali consid er_tham together
with the complaint or information, to determine whether! the censed should be arraigned or not. f the court finds no cause or
ground to held the accused or trial, it shah order the case dismissed otherwise it shall set the case for arraignment and
470.
471. % '
472. Bot Wjj 'of -VI Ji> a^uoJC3 o^iD8E
473. <?' t^lti-J; 2;-( i2. Thus exist a;y re judicial questior),; and
474. 3. A petition for review 15FTfie resolution of the prosecution is pending to either tjie--Depar-tnn.ent_of justice on
the office of the President; provided that the period of suspension snail not^ exceejpa0 days counted from the filing of
the petition with the reviewing office, (Sec. 11, Rule 116.)
475. "RULE 117- MOTON TO QUASH j
[
476. What lis a motion to quash?
477. accused.
478. 1. \TJie.accused should file a mqtioq'wjth; nollce.lo other parties.
1
2. " the motion must;state;the narne and residence of the witness.'
479. ;jpw may the accused relieve himself from the adverse effect of his non- promulgation.
480. Within 15 days from the promulgation of the judgment, the accused may surrender himself ahd file 'x
motion for leave to avail himself of the remedies against the judgment of conviction.
481. n his motion for leave he must state the reasons for his non-appearance at the promulgation and f he
proves his absence was for a justifiable cause he shall be allowed to ayail of the remedies provided jy the Rules within
S days from notice. (Section 6, Rule 120.)
482. Supposed the accused is a detention prisoner, hew the notice of promulgation be
483. pommunicated to him?
484. f the accused is a detention prisoner, the clerk of court should notify the accused personally thru lis
warden and his counsel.
485. Supposed he h...s baen-'-i&d-in absentia., how will the notice of promulgation be served on him?
486. j
487. f the accused has been tried in absentia, because he escaped from prison or has jumped bail, lotice of
promulgation shall be served on him at his^last known address.
488. "ay the trial court order its judgment modified?
!
u
489. Yes. Pursuant to Section 7 of Rule 120, a judgment of conviction may,'upon motion of the accused,
490. nodi fled or set aside before it becomes finabor before appeal is perfected.
491. cji / oy
492. 'Afhat' are the ra-unites for modification judun;ent?
493. 2. the judgment, has not become^Fiial'of'gjjp'ea-
lias been perfected.
494. 3. The modification of judgment must made uponjriotion
of the acoised.
495. Thus, the previous rulings allowing the prosecutor or the court Tiotu proprio to move"for
modification of judgment, although it has not become final, is no permissible.
496. When doesmid arnent become final?
497. /^l. f the judgment s one of it becomes final at once
498. jpon promulgating, ,
499. 2. f judgment l^convlctJpn after the lapse of the period for
perfecting an appeal;.
500. dg n
501. rjolion-for n-ew.triaj or reconsideration. may be fiied. When should the
502. At any time before a judgment of conviction becomes final a motion for pew trial or reconsidera iy be filed. t
should filed within 15 days from promulgation.
503. jo may file such motion?
504. The accused or the court at its own instance with the .consent.of the accused may file such motio
505.iere should the motion be filed?
1. A motion for new trial- or reconsideration should be fiied with
506. i trial court within (/ 5 days from promulgation of judgment or before an (appeal is perfected. ' 3 erupts, the. period ..for., a
p p a a .
2. f an appeal has been perfected and before the judgment of
507. : appellate convicting the appellant becomes final, the appellant move for new trial in the appel jrt on the ground of newly
discovered evidence material to his defense. (Sectipn 14, Rule 124.)
508. ?at are grounds for new trial?
509. The court shall grant a new trial on any of the following grounds;
510. 2. That new arid material evidence has been discovered which accused could not
with reasonable diligence have discovered and producec
511. 'oduced and admitted would probably changed the judgment. (Section 2, Rule
512. at are the qrotinids for reconsideration?
513. The court: shall grant reconsideration on the ground
of errors of law or fact, in the judgment vyi; uires no further proceedings. (Section 3, -Rule 121) "" j
514. What courts are classified e.s first level courts?
515. The MeTC, MTCand MCTC compose the first level courts.
516. The first level c:ourts..ar^_apve .-rned by'two types of j .'ro cedures. What are these procedures?
517.
518.2. \'he Revised Rule on Criminal procedure applies only to the