Académique Documents
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CRIMINAL PROCEDURE
RULE 110:Prosecution of offenses
Section 1: Institution of Criminal Action
a) offenses where preliminary investigation is required- by filing the complaint with the proper officer
(fiscal or MTC) for the purpose of conducting the required PI.
b) all other offenses- by filing the complaint or information directly with the MTC and MCTC, or the
complaint with the office of the prosecutor. (Manila and other chartered cities, complaint shall be
filed with the office of the prosecutor unless otherwise provided in their charters)
GR: institution shall interrupt the running of the period of prescription of the offense charged.
Prescription is interrupted even if it is filed in a court without jurisdiction.
EXP: unless otherwise provided in special laws ( section 2 of ACT 3326)
- Said act governs the computation of prescription of offenses under special laws.
- Prescription commences from the commission ( if known) or discovery ( if not known) until
institution of judicial proceedings.
- Prescription shall be interrupted when proceedings are instituted against the guilty person and
shall resume if the proceedings are dismissed for reasons not constituting double jeopardy.
Civil law rules on prescription is applicable to criminal cases.
Condition precedent to Filing cases
Katarungang Pambaranggay ( Chapter 7, Title I, Book III of LGC 1991)
- no complaint/ petition/ action/ proceeding involving any matter within the authority of the lupon
shall be filed or instituted in any court or any other govt office for adjudication UNLESS there has
been a confrontation between the parties before the Lupon chair OR pangkat.
- no conciliation or settlement shall be reached without the certification of the Lupon secretary or
pangkat secretary as attested by Lupon chairman or Pangkat chairman OR UNLESS settlement has
been repudiated by the parties thereto.
-when parties may go directly to court without the brgy conciliation:
a) accused is under detention
b) a person otherwise deprived of his personal liberty calling for habeas corpus preceedings
c) actions are coupled with provisional remedies ( prelim inj, attachment, ldelivery of personal
prop, support pendent lite)
d) where the action, may otherwise, be bared by statute of limitation
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pg. 1
Section 3: Complaint
Complaint:
A sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of law violated.
Who may file complaint:
a) Offended party
b) Any peace officer
c) Public officer charged with the enforcement or execution of the law violated.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 2
Provincial fiscal is not among the 3. Information filed by him cannot be considered as a
complaint.
offended party- person actually injured and whose feeling is offended/ a party to whom the
offender is civilly liable.
Widow may be considered as offended party for the murder of her husband.
In bigamy, both the 1st and 2nd sps may be offended parties.
The right to commence criminal prosecution is confined to representatives of the govt and
persons injured. ( if not by them- dismissed)
But one who is not an offended party may file complaint for PI. EXP: crime which cannot be
prosecuted de oficio.
Complaint filed to court- filed by offended party
Complaint filed to fiscal- filed by any person
Information- filed by the fiscal
A complaint filed with the fiscal prior to a judicial action may be filed by any person.
A criminal action cannot be instituted against a juridical person.
To subscribe and swear a criminal complaint is NOT A MINITERIAL DUTY. Absent such- does
not invalidate the complaint UNLESS it is a private offense.
Right to file complaint is personal and abated by death.
GR: criminal prosecution MAY NOT BE restrained or stayed by preliminary or final injunction.
Ratio: public interest
EXPS:
a) To afford adequate protection to the constitutional right of the accused
b) When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
c) When there is a prejudicial question
d) When the acts of the officer are without or in excess of authority
e) Prosecution in under an invalid law, ordinance or regulation
f) Double jeopardy is clearly apparent
g) Court has no jurisdiction over the offense
h) It is a case of persecution rather than prosecution
i) Charges are manifestly false and motivated by lust or vengeance
j) When there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied
k) PI has been issued by the SC to prevent the threatened unlawful arrest of petitioners.
Section 4: Information
Information:
Accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with
the court.
Complaint
Executed by a private party
Supported by oath of complainant
Need no necessarily be filed in court
Information
Prosecutor
Subscribed by prosecutor
Filed with court ( otherwise it is not an information)
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pg. 3
An information not properly signed cannot be cured by silence, acquiescence, or even by express
consent
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pg. 4
1. Suspension of arraignment
Hypo: (Dimatulac vs Villon)
Facts:
a) accused charged with murder
b) MTC found probable cause for murder and issued warrant
c) records forwarded to Prov Fiscal
d) without being arrested, Prov Fiscal reinvestigated and found na homicide lang
e) offended appealed to sec of justice
f) despite appeal, fiscal filed info in court for homicide
g) arraigned and posted bail
h) then sec of justice found for murder, but withdrew recomm upon finding that he was already
arraigned.
Issue: WON fiscal or judge gravely abused discretion by proceeding to arraignment despite the
appeal to the Sec Justice?
Held: court should have suspended the arraignment and awaited the resolution on the petition.
Otherwise, arraignment be set aside, and info amended if DOJ finds that proper infor shoule be
murder.
2. reinvestigation
After court has obtained jurisdiction
Motion for reinvestigation should, after the court has acquired jurisdiction, be addressed to the trial
judge alone. Neither the secretary of justice, state prosecutor, fiscal may interfere. If fiscal finds it
proper that reinvestigation be done, courts approval must be obtained.
3. prosecution by fiscal
4. dismissal
Withdrawal of complaint by fiscal must be with courts approval
EXP: Galvez vs CA: upheld the right of the prosecution to withdraw info for homicide for the purpose
of refilling the case for murder BEFORE arraignment even without notice and hearing.
But any move on the part of complainant or offended party to dismiss the case (even without
accuseds objection) should first be referred to the fiscal for his own view of the matter.
5. downgrading offense or dropping of accused even before plea
Limitations on Control by court
Parameters of courts control: where judge granted motion for reinvestigation and directed the fiscal
to conduct it, the court is deemed to have deferred to the prosecution arm of the govt. thus, court
should wait for a final resolution before acting on it.
the result of the above reinvestigation is now be the sole and only valid basis of the judges final
action. Judge should then proceed with arraignment, pretrial then trial.
1. Prosecution entitled to notice of hearing
2. court must await result of petition for review
3.prosecutions stand to maintain prosecution should be respected by court
- under his direction and control -Fiscal may be compelled to prosecute cases already filed- he
must not leave the prosecution in the hands of a private prosecutor SINCE an offense is an
outrage to the sovereignty of the State.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
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pg. 5
- this supervision and control extends to the civil liability instituted with the criminal action if
it was not filed separately, reserved, or there is no private prosecutor who intervened.
4. ultimate test of courts independence is where fiscal filed motion to dismiss or withdraw info.
5. court has authority to review DOJ secretarys recomm and reject it if there is grave abuse of
discretion.
- resolution of DOJ sec may be appealed to the office of the President (if offenses punishable by
death/ reclusion perpetua)
6. to reject or grant a motion to dismiss, court must make own independent assessment of evidence.
OTHERWISE, judgment is void.
Crimes that may be prosecuted upon complaint of the Offended party: 3 categories
1) crimes of adultery and concubinage
2) offenses of seduction, abduction, or acts of lasciviousness
3) criminal actions for defamation which consist in the imputation of the offenses of
seduction, abduction, or acts of lasciviousness
Rape is now a crime against persons and thus may be prosecuted even without a complaint filed by
the offended party.
Private Crimes:
-felonies which cannot be prosecuted except upon sworn written complaint filed by the aggrieved
party is misleading. State may prosecute also.
- it is true that the institution of private crimes is at the option of aggrieved party. But once that
choice is made manifest, the law will be applied in full force and in spite of the complainant, his
death notwithstanding.
- it is the sworn written complaint that starts the prosecutory proceeding IT IS NOT what vest
jurisdiction in the court.
Purpose: consideration for the offended women and her family who might prefer to suffer the
outrage in silence rather than go through with the scandal of a public trial.
1. Crimes of Adultery and Concubinage
-Who can file: offended spouse ONLY ( not even the State)
- offended spouse must have the status, capacity and legal representation AT THE TIME of the filing
of an action for adultery/ concubinage.
- thus if divorced, may not file.
If offended spouse if of age, the right to file the complaint is exclusive and successive.
Death of complainant during pendency of case does not extinguish criminal liability.
Death of complainant before filing of case in court, is not sufficient justification for dismissal of
the information, since complaint has been filed with the fiscal and the desire of the offended party
to prosecute is evident.
Lack of sworn written complaint is sufficiently cured by filing a verified statement before court.
Need not move for a motion to quash the information and dismiss the case.
Complaint filed by offended party in inferior court is sufficient she need not subscribe the
information. Jurisdiction is conferred by law and not by the complaint or information.
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pg. 6
It is not necessary for the complainant to sign and verify the information filed by the fiscal. The
complaint adopted by the fiscal and attached to and made part of the corresponding information
filed after investigation is sufficient.
2. Seduction/ Abduction/ Acts of Lasciviousness
- Who can file: offended party, her parents/ guardian ( in the order in which they are named).
Prosecution may be conducted by the fiscal on the basis of the complaint filed in the inferior court.
There is no need to file information.
Roc does not require that information filed by fiscal be signed by offended party.
Variance between complaint and information and the evidence
-
Example:
Complaint: forcible abduction
Information filed by fiscal: rape
Thus, in as much as rape is distinct from forcible abduction, said complaint COULD NOT BE
THE BASIS for the court to acquire jurisdiction over the crime actually committed.
Complaint: rape by manner A
Information filed by fiscal: rape by manner B
The court is not divested with the jurisdiction, since it is over the rape irrespective of the
manner of how it was committed.
Sworn statement: abduction with rape ( form part of PI)
Complaint: does not have elements
Information filed by fiscal: forcible abduction with rape.
The court is not divested with the jurisdiction.
Information filed by fiscal: rape by force and intimidation
He cannot be convicted of rape on the ground that woman was unconscious EXP when he
failed to object during the trial.
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pg. 7
Elements of the crime must be alleged to enable the accuse to suitably prepared his defense.
Matter of evidence, as distinguished by facts essential to the description of the offense, need not be
averred. It is a matter of evidence in trial.
Reasonable certainty in the statement of the crime suffices. As long as accused is enabled to
intelligently prepare his defense.
Conviction or acquittal under a fatally defective info for want of certain essential allegation is not
necessarily void WHEN NO OBJECTION appears to have been raised at the trial AND fatal defect
could have been supplied by competent evidence.
Character of the crime is not determined by the caption or preamble of the information nor from
the specification of the provision of law alleged to have been violated, as they may be conclusions
of law, but by the recital of the ultimate facts and circumstances in the complaint or information.
What is important is that the accused is not deprived of his constitutional right to be informed or
the nature of the crime against him.
Alleging Conspiracy:
a) as a crime:
-the act of conspiring and all the elements of said crime must be set forth in the complaint or
information.
- must set firth the facts and circumstances that have a bearing on the culpability and liability
of the accused so that the accused can prepare his defense.
b) as a mode in the commission of the crime:
-use of the words conspire, and the like OR by the allegations of basic facts constituting the
conspiracy in a manner that a person of common understanding would know what is intended,
and with such precision as would enable the accused to completely enter a plea to a subsequent
indictment based on same facts.
-information must state that the accused have confederated to commit the crime or that there
has been a community of design, a unity of purpose or an agreement to commit felony among
the accused.
- if not averred, accused is liable only for his own individual act.
The designation of the offense by the statute must be stated. But absent such, does not vitiate the
information if the facts alleged clearly recites the facts constituting the crime charged.
- The title of information or designation of the offense is not controlling. It is the facts recited
therein that is controlling.
- It is the province of the court alone to say what the crime is or what it is named. Even the
justice of peace during the PI has no authority.
- Allegations prevail over the designation of the offense in the information for conviction of
accused who may be convicted for a graver crime that that titled.
Facts must be stated not conclusions of law.
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pg. 8
Exp:
1. with intent to kill- discernment of a minor can be
inferred.
2. willful damage- includes reckless imprudence
3. unlawful taking and appropriation- intent to gain can be
inferred.
GR: an accused may be EXP: An accused could not be convicted under one act when
convicted of a crime which is he is charged with a violation of another if the change from
more serious than that named in one statue to the other involves:
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 9
the title so long as the facts a) a change of the theory of the trial
alleged the more serious offense. b) requires of the defendant a different defense
c) surprises the accused in anyway.
Waiver by failing to object:
-Although initially defective, the criminal complaint was deemed corrected when prosecution
introduced evidence of the qualifying circumstances and the defense did not object, thereby waiving
the procedural defect.
-Waiver must not only be voluntary but must be knowing, intelligent, and done with sufficient
awareness of the relevant circumstances and likely consequences.
-Implied waiver NOT ALLOWED:
1. When information charges no offense at all. For an accused can not be convicted of an offense, even
if duly proven, unless it is alleged or necessarily included in the complaint or information.
2. Where the qualifying circumstance proved is different from the qualifying circumstance alleged in
the information.
3. Where it would result in more serious penalty. Thus, failure to allege a AC or QC, even if proved
without objection cannot be availed of to qualify or aggravate the offense charged.
4. Right to be arraigned can not be waived. There can be no trial in absentia without arraignment.
5. Where it would result in conviction for a more serious offense than the offense charged.
Habitual delinquency:
- Mere statement of HD is a conclusion of law. The information should specify the dates: a)
commission of previous crimes; b) last conviction or release; c) other previous conviction or
release of accused.
Absence of allegations in information of recidivism and habitual delinquency, evidence as to it can
be properly objected to as inadmissible.
Qualifying circumstance of treachery must be specifically alleged and not merely deduced.
An exception need not be alleged. An exception to a general rule in a penal statute is not an
ingredient of an offense, it is a matter of defense which must be proved by accused if he relies
upon it.
-Test to determine won an exception is or is not a matter of defense:
IF the language of the law defining the offense is so entirely
THEN the pleader may safely
separable from the exception that the ingredients constituting
omit such reference, as the
the offense may be accurately and clearly defined without any
exception is a matter of
reference to said exception
defense which must be shown
by the accused.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 10
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pg. 11
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pg. 12
A person is not charged by the number of counts or paragraphs, but by the specific criminal acts
regardless of their number contained in one paragraph or in one count. But proof of all the acts
included therein is necessary to prove the charge.
If a person is being charged with 4 specific acts under one count, and each constitutes a complete
act of treason by itself independently of the others, the failure of prosecution to prove all does not
entitle the accused to be acquitted of the whole count or of all the charges contained therein when
any one or more of the acts are proved.
Under Anti-Graft and Corrupt Practices Act, the use of the words manifest partiality, evident
bad faith, and gross inexcusable negligence, does not mean that the indictment charges 3
distinct offenses.
Each incident of sexual intercourse and lascivious acts with a child (RA 7610) is a separate and
distinct offense.
Delito Continuado
- There should be plurality of acts performed during a period of time, unity of penal provision
violated, and unity of criminal intent or purpose, which means that 2 or more violations of the
same penal provisions are united in one and the same intent or resolution leading to the
perpetration of the same criminal purpose or aim.
- It appears that there are several crimes but in reality there is only one crime in the mind of the
perpetrator.
-
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pg. 13
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pg. 14
Substantial amendment
- The recital of facts constituting the offense
charged AND determinative of the jurisdiction of
the court.
EXP: date is when substantial
a) when date is an element of the crime
b) when disparity in the dates is great
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pg. 15
Amendment by substitution:
Mistake in charging proper offense, court shall dismiss original complaint and ask that a new
one be fled. Accused shall not be discharged but will be made to answer for the proper offense.
LIMIT: made BEFORE judgment AND double jeopardy.
Applies when: accused can not be convicted of the offense charged or of any other offense
necessarily included therein.
Amendment vs Substitution
Amendment
Involves formal or substantial changes
- Amend it
Maybe made before of after arraignment
If made before arraignment: WITHOUT leave of
court
Amendment as to form: no need for PI and rearraignment
Refers to:
Same offense OR of any other offense
necessarily included therein
Substitution
Substantial change
-dismiss then file new one
Same
If made before arraignment: WITH leave of
court
Any substitution: needs PI and re-arraignment
to new information
Refers to:
Different and NOT necessarily included therein
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pg. 16
When judge believes that instead of offense A, accused is guilty of offense B, he may not order that
it be dismissed it and order refilling. He must render decision as the evidence warrant.
Continuing Offense
One which is consummated in one place, yet
by reason of the nature of the offense, the
violation of the law is deemed continuing
eg. libel
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pg. 17
Bigamy
Estafa
Comments:
Essential Requisite of Continuous Crime: Adultery
a) there should be a plurality of acts performed separately during a period
of time,
b) unity of penal provision infringed upon or violation,
c) and unity of criminal intent or purpose ( meaning: 2 or more violations
of the same penal provision are united in one and the same intent leadin to
the perpetration of the same criminal purpose or aim)
-adultery is not a continuing offense. The last element missing because the
culprits perpetrate the crime in every sexual intercourse and they need not do
another or other adulterous act to consummate it.
In bigamy, place where first marriage was celebrated is immaterial. What is
important only is that the first marriage subsists when the second marriage
was celebrated. It is the place where the second marriage was celebrated that
must be stated because it is where all the elements were settled
Venue for estafa:
- Estafa is a continuing or transitory offense which may be prosecuted at
the place where any of the essential elements of the crime took place.
- Eg. to remit in Manila, collect in Iloilo- may be tried in manila or Iloilo.
- Estafa by issuing a bouncing check: venue of the offense lies at the place
where the check was executed and delivered to the payee. Because if
check is undelivered is inoperative. It is the delivery of check that
signifies the transfer of possession.
- Estafa by railroad conductor- jurisdiction is vester in the court where
accused made use of the document alleged to be false.
Note: crime of estafa and violation of bp22 are separate offenses. The mere
fact that court has jurisdiction over estafa case does not mean that it also has
jurisdiction over Bp22 case.
Estafa- deceit and damage are essential
Bp22- not essential or required.
Abduction,
a continuing offense
kidnapping
Falsification of a Consummated at the time and place where the document is falsified, WON the
private document document is or is not thereafter put to the improper or illegal use for which
was intended
Perjury
Gist of offense charged is not the making of the affidavit in Manila but the
intention to gice false evidence in Ilo-ilo by means of such affidavit.
Libel
a) Offended party is a public official/ public person- RTC where the libelous
article was printed and first published
b) offended is a private individual- RTC of the province where he actually
resided at the time of the commission of offense.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 18
Crimes on board
foreign merchant
ships within the
territorial limits
Crimes
committed
outside of the
Philippines
d) offended party is a public officer holding office outside manila- RTC where
he held office at the time of the commission of the offense.
Ph law follows English Rule: such crimes are in general triable in the court of
the country within whose territory they are committed.
Eg.
opium on a ship in transit- ph court has no jurisdiction
opium on ship landed on ph land- ph has jurisdiction
when the exact place where the crimes was committed is unknown and the
strong presumption arises at the trial that it was committed on board a ship
navigating within the water included in the Ph archipelago, Ph court has
jurisdiction ( at one of whose ports the ship or vessel arrives) .
Governed by Article 2, RPC.
Cognizable by the proper court in which the charge is first filed.
Necessary jurisdiction: as the crime was committed within 2 and a half miles of the city limits, the
courts has necessary jurisdiction. ( eg homicide was committed near manila city, CFI manila has
jurisdiction)
Trial of a prisoner should be made within the penitentiary. If brought out needs SC permission.
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pg. 19
Govt or any of its instrumentalities, subdivisions, or agencies can be the offended party.
Right to file motion for revival of case is not with the witnesses even the complaining witnesses.
Thus motion filed by them should be summarily dismissed. Their only function is to testify. Case is
now under the control of the fiscal.
Legal personality of offended party:
Rule: SolGen- one who brings and defends actions on behalf of RP
But the private offended party RETAINS the right to bring a special civil action for certiorari in his
own name in criminal proceedings before the court of law.
And also the legal personality to file a motion for reconsideration of an order of dismissal.
In cases of negligence, the offended has the choice between an action to enforce civil liability
arising from crime under the RPC and an action for quasi-delict under the NCC.
Principle allowing separate civil actions is not allowed in violations of BP Blg. 22.
- Ratio: declog court dockets because courts are used by creditors as debt collectors.
Note:
a) violation of Bp22- criminal case- punish violator > thus, may not file separate civil case
b) violation of Bp22- compromise agreement- violated- breach of contract- > thus, may institute
separate civil case ( for collection of money)
-
However, private complainant cannot be deprived of the right to intervene to protect his
interests in the criminal action.
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pg. 20
PD 1606: Proceeding before the Sandiganbayan, civil and criminal liability shall AT ALL TIMES be
deemed jointly instituted. No right of reservation. Any separate civil action already filed, shall be
transferred to Sandiganbayan ang consolidated. Provided, the Sandiganbayan has jurisdiction.
Civil liability arising from crime includes:
a) Moral
b) Exemplary
c) Loss of earning capacity
d) Attys fees ( if a separate civil action has been filed or when exemplary damages are
awarded)
Failure to allege damages in the complaint or information- no legal consequence. Civil liability is
deemed instituted.
Reservation:
-
When made: BEFORE the prosecution starts to present its evidence AND under the
circumstances affording the offended a reasonable opportunity to make such reservation.
-ratio: to give time and opportunity to offended to make reservation.
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pg. 21
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pg. 22
Civil action contemplated here: that arising from a crime. One which can not be instituted until the
final judgment in the criminal action OR when instituted needs to be suspended.
No suspension if civil action does not arise from the crime
What is suspended is those civil liability arising from delict and NOT SUSPENSION for civil action
based on quasi-delict OR culpa aquiliana (negligence).
Consolidation
Facts:
1.A filed for specific performance to compel the B to deliver title of lot to him that was paid for.
2. later A filed a criminal action against B fro violation of a special penal law.
3. A moved for consolidation. TC granted. CA reversed. SC affirmed TC.
Issue: Q: may consolidation of civ with the crim be allowed where the civ is not to enforce civil
liability arising from a crime?
Held. Apply Rule 31 not Rule 111.
Court may order several actions pending before it to be consolidated where they arise from the
same act, event, or transaction, involve the same or like issues and depend largely or substantially
on the same evidence, provided that the court has jurisdiction over the cases to be consolidated
and that a joint trial will not prejudice any of the parties.
Ratio: avoid multiplicity of suits.
Effect of Judgment on Acquittal
GR: Extinction of penal action DOES NOT carry with it extinction of Civil Action.
Exp: if there is a finding in the penal action that the act or omission from which the civil liability
may arise did not exist. ( BUT this civil liability refers ONLY to that arising from the offense which
is deemed instituted with the criminal case)
-It is the duty of court to award civil liability unless there is a finding in the penal action that the
act or omission from which the civil liability may arise did not exist.
failure to do such: may be compelled by mandamus and the case be remanded to lower court to
determine the civ liability.
acquittal in crim case does not bar continuation of the civil case connected therewith where:
a) acquittal is based on reasonable doubt (exception, finding of no negligence: thus bars
civil liability)
b) the decision contains a declaration that the liability of the accused is not criminal but
only civil
c) civil liability is not derived from or based on the criminal act of which the accused is
acquitted.
When no reservation was made AND accused was acquitted:
Civil action based on a crime:
Does not deprived plaintiff to file civil action. Insufficiency of evidence to support a criminal case
DOES NOT IMPLY that there is no sufficient evidence to support the civil case based on the same
alleged act. Such civil action may be supported by preponderance of evidence. UPON the
defendants motion, the court may require plaintiff to file a bond to indemnify the defendant in
case the complaint should be found to be malicious.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 23
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pg. 24
Prejudicial question: involves a similar issue in a civil action which was pending when the criminal
action was instituted or before the amendment, in a civil action filed after the institution of the
criminal action.
It is based on a fact distinct and separate from the crime but SO INTIMATELY CONNECTED
with it that it determines the guilt of innocence of the accused.
Existence of PQ must be alleged in a crim case so as to suspend it.
Civil case
Cases:
Criminal case
Comment:
Q: is the civ case determinable of the
guilt ot innocence of the accused?
Prejudicial question.
-If said DOC is void: no double sale,
thus accused is free from estafa case.
NOT PQ
-If said partition is annulled or not, it
will not be determinative of criminal
liability.
NOT PQ
-not be determinative of criminal
liability.
NOT PQ
-not be determinative of criminal
liability.
Annulment of DOS
Estafa for issuance of -even if DOS is annulled the obli to pay
rubber check ( pursuant to subsists at the time it was presented
said DOS)
and dishonored.
Collection of sum of money Embezzlement
NOT PQ
allegedly embezzled
-Both cases have diff issues. In the
Civ case: right to recover money
Crim case: failure to account
-Independent civ action under art 33,
NCC
Annulment
of
second bigamy
PQ
marriage filed by husband (
-Determinative of guilt
ground: involuntary)
If annulled bec involuntary: not guilty
of bigamy
If not annulled: guilty of bigamy
Annulment
of
second bigamy
NOT PQ
marriage filed by 1st and 2nd
-It was the man who was forced into it.
wife by reason of force/
He was the one who was formerly
intimidation upon her
married and contracted a second one.
Annulment of marriage on Concubinage/ bigamy
NOT PQ
ground
of
psychological
-because when one contracts another
incapacity
marriage
BEFORE
the
judicial
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 25
NOT PQ
May be PQ
NOT PQ
NOT PQ
PQ
PQ
PQ
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pg. 26
When properly invoked, no waiver. Right is not waived even if applied for bail as long as he had
been asking for it since before the arraignment.
Presumption of regularity: in the absence of proof to the contrary, court shall presume that officer
or fiscal conducted PI in accordance with law.
Where NEW PI is needed:
GR: after PI and case dismissed, the fiscal cannot file another information based on same PI. He
must conduct another PI.
EXP: no need for new PI
a) when original information was not dismissed.
b) When after amendment there has been no change in the nature ( not substantial
amendment) of the crime charged
c) Where amendment is merely formal
d) If the crime originally charged is related to the amended charge such that an inquiry into
one would elicit substantially the same facts that an inquiry to another would reveal
e) Tanodbayan of a case under review by it
If PI is null and void on its face for lack of authority to file the same, a new PI is needed.
NO right to PI:
When under section7, rule 112 when a person is lawfully arrested UNLESS there is waiver of
the provisions of ART 125, RPC.
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pg. 27
If PCGG conducts a, it can not conduct b. It is not allowed that person who conducted the
criminal investigation be the one to conduct pi. One cannot be the prosecutor and judge at the
same time.
e) Officers authorized by law:
e.1) COMELEC on all election offenses punishable under the Omnibus election code
e.2) Other govt prosecuting arm deputized by COMELEC
e.3) Ombudsman over Sandiganbayan cases and regular court cases criminally prosecuting
public officers and employees IN RELATION TO THEIR TO THEIR OFFICE.
-ombudsman s power over sandiganbayan cases:
power to investigate-exclusive authority
power to file needs ombudsmans approval before filed
power to prosecute- exclusive authority
- PI conducted by the ombudsman need not strictly follow Rule 112
-Ombudsman has full discretion as to won file the case before the Sandiganbayan. Regular
courts may not interfere with it. No injunction may be enforced against Ombudsman
UNLESS outside jurisdiction.
- NO court shall hear any appeal or application for remedy against Ombudsman decision
except the SC, on pure questions of law.
-Remedy: certiorari with the SC, NOT with CA.
-But after it is filed with SB, it is the latter that has full control over the case.
e.4) Special prosecutor (tanodbayan)
Ombudsman
Tanodbayan
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pg. 28
Section 3: Procedure
1st
To be filed:
a) Complaint should state address of respondent, accompanied by affidavits of the complaint and his
witness and other supporting documents to establish probable cause.
b) Copies: as much as there are respoendent PLUS 2 for official file.
c) Affidavits shall be subscribed and sworn before any prosecutor or government authorized to
administer oath, or notary public,
-officer to whom affids are sworn must: personally examine the affiants and should be satisfied
that they voluntarily executed and understood their affidavits.
PI ex parte.
If not subpoenad or does not submit
counter affid within 10 days,
investigating officer shall resolve the
complaint based on the evidence
presented by the complainant.
Clarificatory Hearing:
-Investigating officer may set a hearing if there are facts and issues to be clarified.
-Parties can be present at the hearing BUT without right to examine or cross-examine. BUT they may submit
to the investigating officer questions which may be asked to the party or witness concerned.
- hearing shall be held within 10 days from submission of affids and documents of expiration of 10 days to
submit the same.
-terminated in 5 days
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pg. 29
The proceedings are considered as judicial in nature and not a quasi-judicial proceeding.
DOJ is not a quasi-judicial agency and is not exercising a quasi-judicial function when it reviews
the findings of public prosecutors regarding presence of probable cause.
Thus, its findings are not appealable to CA under Rule 43. The same is appealable to the office
of the president.
Probable Cause under PI
Is the existence of such facts and circumstances as would excite the belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged was guilty
of the crime for which he was prosecuted.
Determination: a finding of probable cause needs only to rest on evidence showing that more
likely than not a crime has been committed by the suspects.
GR: Determination is no a SC function.
Exp:
a. to afford adequate protection to the consti right of the accused
b. necessary for the orderly admin of justice and avoid multiplicity of suits
c. prejudicial question
d. acts of officer are without or in excess of authority
e. prosecution is under an invalid law, ordinance, regulation
f. double jeopardy is apparent
g. court has no jurisdiction over the case
h. persecution rather than prosecution
i. charges are manifestly false and motivated by revenge or lust
j. clearly no prima facie case against the accused and a motion to quash on that ground
has been denied, and
k. PI has been issued by SC to prevent the threatend and unlawful arrest of petitioners
It need not be based on clear an convincing evidence of guilt.
No need to set investigation for clarificatory questioning The decision to call witnesses for
clarificatory questions is addressed to the sound discretion of the investigator and investigator
alone. Remember that PI is not a part trial.
GR: RTC judges no longer have authority to conduct PI since it is not a judicial function but
executive (prosecutor). But they may still conduct a PI for issuance of a warrant of arrest or search
warrant.
Exp: irregularity amounting to lack of PI or no PI at all, TC may conduct its own.
RTC judge
Preliminary
To issue warrant (arrest/search)
Investigation
-Not subject to judicial review except in the regular course of
appeal.
- finding of PP is not binding upon RJ bec different purpose.
- it is not necessary for the RJ to examine all records of the
PI in determining the Probable cause.
Public prosecutor
To file information or not
If accused does not have counsel during PI- irregularity amounting to lack of PI. Thus, must be
raised before trial. When raised, TC will not dismiss info but will conduct its own PI or require
fiscal to conduct it.
- Absence/ irregularity of PI is not a ground for motion to quash information.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 30
Court is entitled to discovery procedure during PI. BUT the same is dispensable.
The preliminary designation in the offense is only directive of the true nature of the offense
charged.
PI ex parte.
Presence of the accused in the PI is not mandatory. What is important is that efforts were
made to reach him.
However, accused is still entitled to be notified of the proceedings.
Absent notification- irregular PI.
PI must be COMPLETED
Motion for reconsideration/ reinvestigation
Filed by a accused in an irregular PI before the information is filed in court.
If info already filed in court, motion shall not be entertained EXCEPT when the court orders
otherwise.
Under Military law, PI is governed by the Articles of war. Charges and specifications must be
signed by a person subject to military law, and under oath either that he has personal knowledge
of, or has investigated the matters set forth therein and that the same are true in fact, to the best of
his knowledge and belief.
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pg. 31
Otherwise, he shall
recommend
dismissal
Dismissal
(but recomm is only
directive upon court)
No complaint/
information may be
filed OR dismissed
without the written
authority or
approval of
Provincial or city
prosecutor, chief
state prosecutor OR
ombudsman or
deputy
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pg. 32
Right of party to APPEAL: Upon petition (petition by review) by proper party: the DOJ sec
reverses or modifies the resolution of the Provincial or city prosecutor, chief state prosecutor OR
ombudsman or deputy, he shall:
a) direct prosecutor concerned to file the info without a new PI; OR
b) dismiss
c) move for dismissal of the info
-Note that the arraignment shall be suspended but shall not exceed 60 days counted from the
filing of the pet for review (sec 11, Rule 116) shall not apply as provided by DOJ circular 70.
the DOJ sec, as far as practicable, should refrain from entertaining a petition for review of
appeal from the action of the fiscal, when the complaint or information has already been filed
in court.
Once a petition for review is filed with the DOJ it is necessary that the RTC suspend its
proceedings (dismissal of the case and arraignment) until after the DOJ sec had resolved the
motion with finality, including consideration of the moition of the fiscal of a 2nd amended
information
However, one a motion to dismiss or withdraw information is filed in court, the judge may
grant or deny it in the exercise of judicial discretion.
Resolutions of the DOJ secretary is appealable administratively to the office of the president
where offense charged is punishable by reclusion perpetua.
Officer conducting PI must be impartial.
Discretion of IP (investigating prosecutor): to determine the specifity and adequacy of averments
of the offense charged and to institute a criminal action.
GR: Mandamus will not lie to compel the public respondent to file an information against
private respondents if no grave abuse of discretion.
Exp: (mandamus/ certiorari) when arbitrary and oppressive choices/ grave abuse.
Lack of certification by fiscal of the PI: does not vitiate the information. PI not essential part of the
information. Absence of PI certification is waived by failure to allege it before plea.
-Remedy: motion RTC, who will suspend the proceedings and order fiscal to conduct PI.
Absence of PI= not a ground to quash complaint or information and warrant of arrest and does
not affect the courts jurisdiction. It is only a procedural defect and may be cured by asking the
court to have it done.
Note: in one case, trial was suspended for lack of PI, accused was allowed to be released on bail.
GR: If warrant already issued and no PI, Habeas corpus is not the proper remedy. A motion to
quash warrant is the proper remedy or ask for a PI.
Exp: accused illegally detained
If no PI, the accused must:
a) refuse to enter a plea upon arraignment and object to further proceedings upon such ground
b) insist on PI
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 33
When not
necessary
1)When under
detention
pursuant to a
warrant issued
by MTC
2) complaint or
info filed
pursuant to a
lawful arrest
without warrant
(Sec 6, Rule 112)
3) penalized by
fine only
-if petitioner fails to adduce additional evidence, the case may be dismissed for
failure to prosecute.
There is no need to conduct hearing to determine probable cause.
Warrant of arrest: legal process issued by a competent authority, directing the arrest of a person/s
upon grounds stated therein. Directed to regular officers of the law, but occasionally, it is issued to
a private person named therein.
John Doe Warrants: issued against John Doe whom the witness to the complaint could not
identify are in the nature of a general warrant. VOID because they violate consti.
In issuing warrant, judge:
a) judge shall personally evaluate the report and supporting documents submitted by the fiscal
regarding the existence of a probable cause and on the basis thereof, issue a warrant of arrest OR
- the fact that the judge took him only a few hours to evaluate, does not mean that he did not do it
personally.
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pg. 34
b) if on the basis thereof he finds no probable cause, he may disregard fiscals report and requires
the submission of supporting affidavits of witness to aid him in arriving at a conclusionas to the
existence of probable cause.
- there is NO LAW/RULE requiring the issuance of an order of arrest before a warrant of arrest.
Absence of probable cause for issuance of warrant is not a ground for the quashal of the
information BUT is a ground for the dismissal of the case. ( dismissal without prejudice).
TC is MANDATED to immediately dismiss the case upon finding that no probable cause exist.
Inquest:
an informal and summary investigation conducted by a public prosecutor in criminal case
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining won said persons should remain under custody and
correspondingly be charged in court.
Steps: custodial investigation:
1. accused arrested without warrant
2. arresting officer to bring arrested to the inquest fiscal
3. inquest officer shall determine won said persons should remain under custody and
correspondingly be charged in court.
4. person arrested shall sign custodial investigation report, if he can not read or write, it shall
be read and explained to him by his counsel.
Preliminary investigation
Not yet arrested.
fiscal
Purpose: to put into trial
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pg. 35
Irregularity
of arrest
Waived
Raised:
not
waived
Section 7:Records
Section8 : Cases not requiring a preliminary investigation
nor covered by the Rule on Summary Procedure
1. prosecutor
-act on it within
10 days from
its filing. (he
may dismiss it
or file it in
court.
Case shall be
filed in court
by
2. offended
party to the
MTC
Personal Examination: RA 3838 does not prohibit the municipal judge from adopting the
questions asked by a previous investigator.
Searching questions and answers: to determine won there is a reasonable ground to believe that
and offense has been committed and the accused is probably guilty thereof so that a warrant of
arrest may be issued and the accused held for trial.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 36
-Shall inquire: nature of offese, date, time and place of its commission, motives, subj, age,
education, status, financial and social circumstances, etc.
Preliminary examination (ex parte)
Not an essential part of due process.
This may be conducted by the MTC judge, prior to the issuance of warrant of arrest, either in
the presence or absence of the accused.
There is no need of warrant or bail in cases covered by the Rules on Summary Procedure.
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 37
In Flagrante Arrests- (a) for crimes committed in the presence of arresting person
-Probable cause in In Flagrante cases:
a) person to be arrested must execute an overt act indicating that has just committed, is actually
committing or is attempting to commit a crime
overt act- physical activity or deed indicating the intention to commit a particular crime, more
than mere planning or preparation, which is carried out to its complete termination following its
natural course, without being frustrated by external obstacles nor by the voluntary desistance of
the perpetrator, will logically and necessarily ripen into a concrete offense.
b) such over act is done in the presence or within the view of the arresting officer. But not just
mere presence, he must have personal knowledge of such commission.
The knowledge must precede the arrest. Knowledge must be at the time, not after, arrest.
At the time he was arrested, accused was not committing a crime, to rouse suspicion. Thus
warrantless arrest is not allowed.
Arrest is unlawful where there was no urgency and there is opportunity to obtain warrant. But
mere time to obtain a warrant not sufficient to invalidate a warrantless arrest. To be considered
likewise is won a warrant be issued under the circumstances. ( eg. when investigative report is
not sufficient for the issuance of a warrant)
Mere suspicion is insufficient. It must be supported by actual facts.
Reasonable ground based on tip of informer + witnessed the criminal act= valid warrantless
arrest.
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pg. 38
Buy-bust operation: it is a form of entrapment which has been repeatedly accepted to be valid
means of arresting violators of dangerous drugs law.
A violator is caught in flagrante delicto and the police officers conducting the operation are not
only authorized but duty-bound to apprehend the violator and to search him for anything that
may have been part of or used in the commission of the crime.
objective test: details of the purported transaction must be clearly and adequately shownstarting from the initial contact between the poseur-buyer and the pusher, the offer to
purchase, the promise or payment of the consideration until the consummation of the sale by
the delivery of the illegal drug subject of sale.
Principle of continuity in buy-bust operations: continuing buy bust opearation
Not
buy bust operation in place A, arrested in warrantless arrest not valid.
Continuing:
place B.
Continuing:
buy bust operation in place A, continued in warrantless arrest valid
place B, arrest in place B.
Hot pursuit Arrests- (b) for crimes which has just been committed.
-Elements:
a) offense have been committed
b) offense has just been committed
c) probable cause based on personal knowledge of facts or circumstances that person to be
arrested committed it. (identity of the person)
a) offense have been committed:
indubitable existence of the crime is not necessary to justify a warrantless arrest. That fact that
prosecution failed to prove the sale of mj beyond reasonable doubt DOES NOT undermine the
legality of arrest. It is not necessary that the crime should have been established as a fact in
order to regard the detention as legal.
The legality of the detention DOES NOT DEPEND upon the actual commission of the crime,
but upon the nature of the deed when such characterization may reasonably be inferred by the
officer to whom the law at the moment leaves the decision for the urgent purpose of
suspending the liberty of the citizen.
b) just been committed
immediacy in point of times. The arrest must be made almost immediately as soon after these
acts, not at anytime after the suspicion of the arresting officer begins, no matter how long ago
the offense was committed.
The time interval BETWEEN the actual commission of the crime and the arrival of the
arresting officer must be BRIEF.
Time interval; jurisprudence
a) arrest of accused 1 day after commission in inciting to sedition
b) arrest made after 14 days
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 39
www.warlita.wordpress.com
pg. 40
i) that he may indicate that he does not wish to be interrogated AT ANY STAGE with a warning
that when he makes such indication, the police may not interrogate him if the same has not yet
commenced or ceased that begun.
j) That his initial waiver of right to remain silent, counsel,etc DOES NOT BAR HIM FROM
invoking it at any time during the process
k) Informed that any evidence obtained in violation of his right are inadmissible as evidence
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pg. 41
Extradition cases: base on international treaty and pancta sunt servanda, may grant bail based on
clear and convincing evidence. Although it is not a criminal proceeding, it entails a deprivation of
liberty and means employed to attain purpose in extradition is also the machinery of criminal law.
Extraditee not entitled to notice ad hearing before warrant of arrest
Cancellation of bail without prior notice and hearing is vi0lation of his due process
Deportation cases: does not allow bail because it is not a criminal proceeding. It is the immigration
commissioner who has absolute discretion in determining won an alien may be realesed during
deportation proceedings.
Right to bail only accrues when accused is in custody or in any way deprived of his liberty.
-How custody is acquired: warrant or warrantless arrest; voluntary submission to court.
-GR: The mere filing of application to bail is not sufficient to amount to voluntary submission. The
same is premature.
EXP: when accused is in the hospital recuperating and matter of human consideration. OR when
he, through counsel, manifested voluntary submitted to court. OR house arrest OR confined in
military quarters
-upon voluntary appearance of the accused, the judge should require another motion for bail and
set the same for hearing.
Waiver of right to bail: may be by agreement (eg. withdraw habeas corpus)
Posting of bail is not a waiver of procedural defect ( in arrest or PI). Provided he raises them
before arraignment.
Method of taking bail:
a) bail bond- obligation given by the accused with one or more sureties with the condition to
be void upon the performance by the accused of such acts as he may be legally be required
to perform.
b) corporate surety/ property bond/ cash deposit
c) recognizance- obligation of record, entered into before some court or magistrate duly
authorized to take it, with the condition to do come particular act, the most usual condition
in criminal cases being the appearance of the accused for trial.
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pg. 42
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pg. 43
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pg. 44
Court may not grant bail simply for non-appearance of prosecution BUT should ask the
prosecution such questions as would ascertain the strength of the state evidence and judge the
adequacy of the bail.
Order granting bail or denying bail must contain a summary of the evidence of the prosecution
followed by a conclusion of won the evidence of the guilt is strong, which may only be determined
after the hearing.
An incomplete enumeration or selective inclusion of pieces of evidence for the prosecution in
the summary of evidence cannot be considered a summary. Order containing it is defecfive and
voidable.
When prosecutor refuses to adduce evidence to prove that evidence of guilt is strong, the court
may ask the prosecution such questions as would ascertain the strength of the states evidence or
judge the adequacy of the amount of bail.
Valid waiver by prosecution to present evidence: statement of the prosecution that they were
neither supporting or opposing the application for bail. That they were submitting to the sound
discretion of the court.
Duties of judge IF bail application filed:
a) Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation
b) Conduct a hearing of the application for bail regardless of won the prosecution refuses to
present evidence to show that the guilt of accused is strong for the purpose of enabling the
court to exercise its sound discretion.
c) Decide won the evidence of guilt of the accused is strong based on the summary of evidence of
the prosecution.
d) If the guilt of accused is not strong, discharge the accused upon approval of the bail bond.
Otherwise, petition denied.
e) Court may limit number of witnesses but must afford prosecution opportunity to present
evidence within a reasonable time.
The test is not whether the evidence establishes guilt beyond reasonable doubt but rather won it
show evident guilt or a great presumption of guilt.
Remedy when bail is denied:
Petition for habeas corpus is not the proper remedy BUT to file a petition for certiorari if the
trial court committed grave abuse in discretion. Hierarchy of courts need be observed.
However, the petitioner would still not be entitled to be released from detention in the
meantime.
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pg. 45
f)
g)
h)
i)
j)
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pg. 46
Duty of bondsman when accused is required to appear is not merely to notify accused but must
take every effort to see that he actually produces the accused before court.
When the obligation of bail is assumed, the sureties become in law the jailers of their principal
BUT they can not actually confine him.
Clearance issued by the govt for accused to travel is not an excuse, esp if done surreptitiously.
Satisfactory explanation of non-performance of bond: performance becomes impossible by
a) Act of God
b) Act of oblige
c) Act of the law
The responsibility assumed by the bondsman, being purely gratuitous, may be terminated by them
any time by arresting the principal and surrendering him into the hands of law OR defendant may
also surrender himself.
Petition for the exoneration of bail
Bondsman may be relieved from a part of the liability according to the merits of a particular case.
The bondsman was declared forfeited in only of its amount.
Arrest of the principal after 2 days subsequent to the sale of the property of the sureties following
forfeiture of bail is no reason for setting the sale aside.
Surety not relieved even if ready to surrender accused IF court does not yet accept surrender.
The fact that a criminal prosecution is finally dismissed on the motion of the fiscal DOES NOT
relieve the bondsman from the effect of a previous forfeiture of bond upon non-appearance of the
accused at the time originally set for hearing.
Subsequent arrest of an accused in another charge does not operate ipso factor as discharge of his
bail. Surety must inform court of subsequent arrest. Thus, impliedly asking that theyd be
discharged.
Death of the accused on bail bond does not necessarily release the sureties from their obligation,
under the form of the statute in this jurisdiction.
Death must be before breach and fact of death must be established by competent evidence.
It is the duty of the surety to inform the court that performance is an act of God and when proved
acts to discharge the sureties on the bail bond.
Judgment of confiscation and forfeiture:
Order of forfeiture
Order of confiscation
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pg. 47
Section 26: Bail not bar to objections on illegal arrest, lack of or irregular PI
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pg. 48
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pg. 49
When unfavorable inference drawn from failure of accused to testify CAN NOT establish alibi.
6. to confront and cross-examine witnesses against him:
-statement of a witness who died before cross examination is inadmissible because was not cross
examined. Statement of witness is considered incomplete. UNLESS was given the opportunity but
failed to do so.
- right may be waived. Express or implied.
7. compulsory process
-when judge shall be satisfied, by proof or oath, that there is reason to believe that a material
witness for the prosecution will not appear and testify when required, he may order the witness to
post bail. Upon refusal to give bail, the court must commit him to prision until he complies or is
legally discharged.
- TC should not delegate to the accused the responsibility of getting his witness. If a subpoena is
issued and the witness fails to appear, the court should order the arrest of the witness if necessary.
- Viatory rights are available only to civil cases and not to criminal cases.
8. Speedy Trial
- trial free from vexatious, capricious, and oppressive delays.
- arraignment and pre-trial shall be held within 30 days from the date court acquires jurisdiction
over defendant. If not made: dismissal of the accused on the ground of denial of this right.
Dismissal shall be subject to the rules on double jeopardy.
- speedy trial is relative
- may be waived. Express or implied. Eg. inaction of accused.
- Mandamus may be had is prosecuting officers causes unreasonable delay and Habeas corpus if
accused already detained.
-defendant should ask for speedy trial and not for dismissal of the case. If dismissed it will be an
acquittal because of failure of prosecution to prove guilt of defendant and it will be a bar to
another prosecution for the same offense even though it was ordered by the court upon motion or
with express consent of the defendant, in exactly the same way as judgment of acquittal obtained
upon the defendants motion.
9. Public Trial
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 50
- open to the public. When anyone interested in observing the manner a judge conducts the
proceedings in his court room may do so. There is no such ban of attendance. Being a stranger is of
no moment. NO relationship to the parties need be shown.
- trial is in the chambers of the judge is not a violation. As long as no showing the public was
excluded.
- trial by publicity: not be allowed if there is a showing that the judges have been unduly
influenced.
10. Right to appeal
- a mere statutory right. May be waived.
- accused may not be allowed to appeal until he submits to the jurisdiction of the court or
otherwise arrested within 15 days from the notice of judgment to him.
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pg. 51
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pg. 52
Plea agreement is allowed. It is only when the consensual character of the plea is called into
question that the validity of a guilty plea may be impaired.
The court may AT ANY TIME permit the defendant to withdraw plea of guilty. It is subject to the
sound discretion of the court.
Where the defendant has been committed to prison after a plea of guilty and has commenced to
serve his sentence, the court can no longer alter its decision, the same having thereby become
final.
Plea of guilty must be unconditional. Eg pinatay ko siya pero hindi ko sinasadya OR ako pumatay
sa kanya, ikulong niyo na ako pero ito ang dapat na parusa ko ( convicted to homicide instead of
murder). Admission must be of such nature as to foreclose the defendants right to defend himself,
thus leaving the court no choice but to impose the penalty fixed by law.
Note: qualified plea is allowed PROVIDED that information should be amended with the consent
of the fiscal if the facts so warrant.
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pg. 53
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pg. 54
The test on the viability of motion to quash on the ground that the facts averred in the information
do not amount to an offense is won the facts asserted would establish the essential elements of the
crime defined in the law.
Examination matters aliunde are not considered.
BUT additional facts not alleged in the information but admitted or not denied by the prosecution
may be invoked in support of the motion to quash.
Motion to suspend the issuance of warrant of arrest considered motion to quash because it is not
the caption of the pleading but the allegations therein contained that prevails.
Quash vs dismissal
Section 3: grounds
Matters of defense not a ground for motion to quash.
a. facts charged to not constitute an offense:
- a motion to quash hypothetically admits allegations of fact in the information
GE: only facts alleged in the information in the information and those admitted by the fiscal should be
taken into account in the hearing on MoQ
Exp: where RoC expressly permit the investigation of facts alleged in a MoQ (eg. extinction of criminal
liability, prescription, jeopardy)
- matters of defense cannot be proved during the hearing of such motion.
- when additional facts allowed: admission by the counsels/ fiscals
-ocular inspection upon judges discretion is allowed.
- conviction or acquittal under a fatally defective information is not necessarily void when no
objection appears to have been raised at the trial and the fatal defect could have been supplied by the
competent proof. EXP: when the information does not charge a crime.
b. lack of jurisdiction of the offense charged
c. lack of jurisdiction of the person
-moq must only be on this ground.
- if other grounds are included, there is a waiver and accused is deemed to have submitted to the
jurisdiction of the court.
d. want of authority of officer filing information
- it is an invalid information.
-authority of special prosecutor appointed by DOJ sec to sign and file information is recognized.
- person disqualified to sign invalidates information.
- lack of PI is not a ground. It merely affects the regularity of the proceedings.
- if accused gives plea for moq, it is a waiver of all formal objections to it in so far as formal objections
to the pleadings are concerned. EXP. Lack of jurisdiction
e. complaint or information does not conform to the prescribed form.
-non prejudicial formal defect will not be sustained as ground. If such formal defects are properly and
opportunely raised, an amendment may be ordered.
f. duplicity of offenses charged
- failure to raise this, accused may be convicted for it is deemed waived by him.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 55
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pg. 56
i. double jeopardy
Section 6: Order sustaining the motion to quash not a bar to another prosecution, exception
Exceptions: prescription and double jeopardy.
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pg. 57
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pg. 58
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pg. 59
showing that any or all of conditions for the discharge have not actually been fulfilled may not
affect the legal consequences of the discharge. Protection of DJ. AND discharge continues even if
the information is amended because it is a mere continuation of the original information.
Situations:
Proceeding pending PI before the fiscals office
Mere filing of two complaints or information
DJ or NOT
NOT
NOT
NOT
NOT
NOT
NOT
NOT
NOT
NOT
NOT
DJ
DJ
DJ
DJ
Not valid
termi
Not valid
termi
Not valid
termi
Valid
termi
1st
case
attached
1st
case
attached
1st
case
attached
Not validly
termi
DJ
1st
case
attached
DJ
1st
case
attached
DJ
1st
case
attached
Consent
Where the accused signified their express conformity with the NOT
provisional dismissal of the case, there was neither acquittal nor
dismissal that would put them in DJ.
Principle of Nolle Prosequi
NOT
Dismissal before the accused is placed on trial and before he is called
on to plead is not equivalent to an acquittal and does not bar a
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
RATIO
Not termi
No termi
yet
No termi
yet
Consent
pg. 60
consent
No
consent
Consent
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pg. 61
NOT
each other
Not
necessarily
includes
each other
Diff
elements
NOT
NOT
NOT
Diff elems
Diff elems
Diff elems
NOT
Diff elems
NOT
Diff elems
and nature
Diff
NOT
NOT
DJ
DJ
NOT
Diff
1 intent
1 intent
Diff
crimes
DJ
1 intent
DJ
Homicide to murder
DJ
A person acquitted for homicide cannot be subsequently tried
for the crime of murder.
Because the acquittal of the defendant charged with killing
pronounces him GUILTLESS OF THE FACTS necessary to
constitute murder and admits the pleas of dj.
Lesiones Menos Graves to Lesiones Graves
DJ
Because that not only was the first case an ingredient of the
second case, but the allegations in the second information
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 62
NOT
Inexistent
DJ
DJ
DJ
1 single act
Can not be
split into
different
crimes
NOT
Different
NOT
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pg. 63
DJ
NOT
Case not
yet final
NOT
NOT
NOT
Waives his
right vs DJ
Acquittal
Case decided on the merits
Grounds: on the merits of the case when the
prosecution was able to present evidence.
Civil liability is not affected by double jeopardy: extinction of civil liability whether by prescription
or bar by dj does not carry with it the extinction of the civil liability arising from the offense
charged.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 64
Prosecution without exception cannot appeal where the accused had already been exposed to
double jeopardy. Then much less then can the offended party or his heirs, who are mainly
concerned only with civil indemnity.
A judge has no power to reinstate a case which he has earlier dismissed by simply erasing his
signature below the words dismissed by simply erasing his signature below the words dismissed
case dismissed appearing in the exhibits.
A review of sufficiency of the evidence and of the propriety of the acquittal of the accused lies
outside the function of certiorari as intrudes into prerogatives of RULE 45, under ordinary
appeals, where an alleged error of judgment may be subjected to review. A review of judgment of
acquittal of private respondents under certiorari would place the accused in DJ. Thus, certiorari is
not allowed from denial of demurrer to evidence by CA.
section. They fall under does not conform substantially with the prescribed form.
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pg. 65
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pg. 66
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pg. 67
8. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing
and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in Section 1 of Rule 118 shall be approved by the court.
9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by
the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting
forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, evidence
marked, the number of witnesses to be presented and the schedule of trial. Said Order shall bind the parties,
limit the trial to matters not disposed of and control the course the action during the trial. [
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pg. 68
Continuous Trial Concept: mode of judicial fact finding and adjudication conducted with speed
and dispatch so that trials are held on the scheduled dates without needless postponement. Case
terminated within 90 days unless extended for meritorious reasons.
System requires judge:
a) adhere faithfully to the session hours in the prescribed law
b) maintain full control of the proceedings
c) efficiently allocate and use time and court resources to avoid court delays.
Time limitation no applicable to:
a) Criminal cases not covered by the Rules on Summary Procedure ( penalty does not exceed 6
mos imprisonment or a fine of 1k or both IRRESPECTIVE OF PENALTIES) .
b) RA No. 4908- requiring judges to speedily try criminal cases where in the offended party is
a person about to depart from Philippines with no definite date of return and which
requires to take precedence over all other cases before our courts EXCEPT habeas corpus.
Trial shall start within 3 days from arraignment and no postponement of initial hearing
shall be allowed except illness or other ground beyond the control of accused.
c) speedy trial of child abuse cases: same as b.
d) violations of dangerous drugs law:
if PI conducted by prosecuting officer: file information within 24 hours from PI
if conducted by judge: file complaint within 48 hours from receipt of records of the
case.
Trial shall be finished within 90 days from filing or information/ complaint.
Decision shall be rendered within 15 days from date of submission of the case.
e) Administrative Order No. 104-96
-kidnapping and or kidnapping for ransom, robbery in a band, robbery commited against
banking and financial institution, violatation of dda 1972, violation of IP rights, etc, and other
heinous crimes (ra 7659) shall under go continuous trial for 60 days and decided upon in 30
days. No postponement except in meritorious cases.
Section 3: exclusions
Section 4: factors for granting continuance
Motions for postponement:
May only granted upon meritorious grounds. It is addressed to the sound discretion of the
courts.
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pg. 69
Section 8: sanctions
Section 9: remedy where accused is not brought to trial within the time limit
Section 10: law on speedy trial not a bar to provision on speedy trial in the constitution
Motions must contain a notice of hearing.
If it does not contain it- it is a mere scrap of paper.
Absence of it does not deprive a competent court of jurisdiction over the case. The court still
retains authority to pass on the merits of the motion. The remedy of aggrieved party is to have the
order set aside or the irregularity otherwise cured by the court which dismissed the complaint, or
to appeal from the dismissal NOT CERTIORARI.
However, a motion to quash must contain a notice of hearing and proof of service.
Postponements under the speedy trial act: STA does not prohibit motions for postponement BUT
there are no exclusions in computing time of trial are allowed. Thus, if there are exclusions it will
not be excluded from the 180 days period within which to terminate trial. May only be extended by
SC.
Section 12: application for examination of witness for accused before trial
Section 13: examination of defense witness; how made
Section 14: bail to secure appearance of material witness
Section 15: examination of witness for the prosecution
Examination of defenses Taken before any judge, member of the bar in good standing
witness
designated by the judge in the order, or before inferior court is order
granted by superior court.
Examination
of Taken before court or judge only.
prosecutions witness
Conditional examination of witness:
Meaning: upon examination of the court and it is satisfied.
No hearing is required by the rules before conditional examination of the witness may be allowed.
Use of modes of discovery is not prohibited in criminal cases.
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pg. 70
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pg. 71
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pg. 72
(f) he has not at any time been convicted of any crime involving moral turpitude.
An accused discharged from an information or criminal complaint by the court in
order that he may be a State Witness pursuant to Section 9 and 10 of Rule 119 of the
Revised Rules of Court may upon his petition be admitted to the Program if he complies with
the other requirements of this Act. Nothing in this Act shall prevent the discharge of an accused, so that he
can be used as a State Witness under Rule 119 of the Revised Rules of Court.
Sec. 11. Sworn Statement. Before any person is admitted into the Program pursuant to the
next preceding Section he shall execute a sworn statement describing in detail the manner in which
the offense was committed and his participation therein. If after said examination of said person, hi s
sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and
its implementing rules are complied with, it may admit such person into the Program and issue the
corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given in
support of said application shall not be admissible in evidence, except for impeachment purposes.
Sec. 12. Effect of Admission of a State Witness into the Program. The certification of
admission into the Program by the Department shall be given full faith and credit by the p rovincial or
city prosecutor who is required not to include the Witness in the criminal complaint or
information and if included therein, to petition the court for his discharge in order that he
can utilized as a State Witness. The Court shall order the discharge and exclusion of the said
accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution
for the offense or offenses in which his testimony will be given or used and all the rights and benefits
provided under Section 8 hereof.
Sec. 13. Failure or Refusal of the Witness to Testify. Any Witness registered in the Program who
fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so,
shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution
for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any
condition accompanying such immunity without just cause, as determined in a hearing by the proper
court, his immunity shall be removed and he shall be subject to contempt or criminal
prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed
terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage
of the proceedings.
Sec. 14. Compelled Testimony. Any Witness admitted into the Program pursuant to Sections 3
and 10 of this Act cannot refuse to testify or give evidence or produce books, documents,
records or writings necessary for the prosecution of the offense or offenses for which he has
been admitted into the Program on the ground of the constitutional right against selfincrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected
to any penalty or forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents, records and writings produced.
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 73
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or
writings, on the ground of the right against self-incrimination, and the state prosecutor or
investigator believes that such evidence is absolutely necessary for a successful prosecution of the
offense or offenses charged or under investigation, he, with the prior approval of the department, shall
file a petition with the appropriate court for the issuance of an order requiring said Witness
to testify, give evidence or produce the books, documents, records, and writings described,
and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention
of the Witness in any jail contiguous to the place of trial or investigation until such time that the
Witness is willing to give such testimony or produce such documentary evidence.
There is no need for the prosecution to first charge a person in order to qualify for the
program.
Discharge of state witness operates as acquittal and cannot be subsequently be re -included
in complaint except when he fails or refuses to testify
Amended information are not new information they are a continuation of the original
information, so that a discharge under the original information is just as binding upon the
subsequent amended information.
This rules does not apply were there is no discharge to utilize him as witness. This act refers
to the discharge BEFORE he testifies.
Before arraignment, Rule 110 section 4 is the applicable rule for discharge of accused NOT
this section.
Testimony of a co-conspirator is not sufficient for conviction of the accused UNLESS other
evidence supports such testimony OR when testimony is made in a straightforward manner
and it contains details which could not have to be the result of deliberate afterthought.
Section 19: when mistake has been made in charging the proper offense
Amendment BY SUBSTITUTION- allowed provided the accused will not be put to DJ
Cases:
Oral defamation
Error in name of offended party- court should dismiss case and order fiscal
to file another information charging same accused and hold the accused in
custody to answer for new charge. No DJ ( different offended).
Bribery
The allegations in the information amount to bribery not to robbery. Dismiss
and file new information. No DJ.
Abduction
with Court arrived at a judgment of abduction and not rape. Dismiss complaint
consent
for abduction and file for rape
Qualified
Dismiss information for qualified seduction before the accused has rested his
seduction to rape
case for the filing of an information of rape without violating his right against
DJ.
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pg. 74
It is within the TCs discretion to allow or not to allow a witness to testify, who notwithstanding
the order excluding witness from the courtroom, remained there, although the court believes that
the testimony of said witness should have been admitted.
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pg. 75
Form of judgment in Sandiganbayan: shall contain complete findings of the facts and the law on
which they are based, on all issues properly raised before it and necessary in deciding the case.
It is not necessary for the validity of the judgment that it be rendered by the judge who heard the
case.
Strict compliance: decision must clearly state the facts and law on which it is based. Ratio: so that
it may be used in appeal and to safeguard parties of impetuosity of judgment.
Remedy is not complied: remand the case to court of origin for the rendition of new judgment
TC should not merely reproduce everything testified by the witness.
memorandum decisions: a court in appealed cases may adopt by reference the findings of facts
and conclusions of law contained in the decision appealed from.
For this to be valid: this must embody the findings of facts and conclusions of law of the lower
court in an annex attached to and made an indispensible part of the decision.
Judgment must be in writing: a judgment made verbal is not final and thus not binding.
Judgment of conviction:
-Contents:
a)Legal qualification of the offense ( acts/ omissions, AC, MC, etc)
Failure to designate crime: not error for judge. He need not mention the particular provision.
b) participation of the accused
c) penalty to be imposed ( must be that exactly provided by RPC)
- alternative sentences is not allowed.
- alternative penalty is not allowed.
- use proper terminology ( eg. reclusion perpetua)
d) civil liability or damages or damages UNLESS separate action/ reserved/ waived.
- court must provide.
- judgment should declare civil liability, if proper.
failure to award civil liability is appealable.
When prosecutor, before trial on the merits, files affidavit of desistance in order to file civl action
to recover the things subject of the crime, the offended party is no longer entitled to restitution of
things in the same criminal case. The desistance carried the dismissal of the civil aspects
accompanying the filing of the criminal information. Remedy: filing an entirely new civil action.
Despite acquittal, accused can still be held civilly liable.
Extent of damages awarded in civil liability arising from crimes:
1. Actual damages
Must be supported with receipts
GR: It must be proves with reasonable degree of certainty, premised upon competent porrd
and on the best evidence obtainable by the injured party.
Exp: damafes for death caused by a crime or quasi- delict ( Art 2206, NCC)
2. moral damages
-must be specifically stated. In rape- mandatory: 50k.
3. exemplary damages
no AC, no exemplary damages.
4. loss of earning capacity
5. attorneys fees
6. liquidated damages: fixed by the parties
7. nominal damages
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 76
adjudicated in order that a right of the plaintiff which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose of indemnifying the
plaintiff for any loss suffered by him.
Damages are the amounts recoverable or that which can be awarded for the damage done or
sustained.
Damages ( civil code) Sum of money which the law awards or imposes as pecuniary
compensation, recompense, or satisfaction for an injury done or a wrong
sustained as a consequence of either breach of a contractual obligation or
a tortuous or illegal act
Damage
Pertains to the actionable loss, hurt or sham which results from the
unlawful act, omission or negligence of another.
Damages may be increased on appeal.
Where the post dated checks were issued by the accused not in payment of his personal
obligation but of a contractual obligation of the corporation, of which he was the president,
claim for civil liability is without basis. Any claim for the tortuous liability must be ventilated
against the corporation in a separate action.
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pg. 77
Act can be had under an information exclusively charging the commission of a willful offense. ( eg.
accused charged with willful malversation can be validly convicted of malversation thru negligence
where the evidence sustains the latter mode committing the offense).
MINOR variance: minor variance between the information and that established by the evidence
will not in any manner alter the nature of the offense. ( eg. minor detail on weapon used to kill)
Where an offense may be committed in any of several modes, it is sufficient to prove the offense
committed in any one of them, provided it be such as to constitute the substantive offense and that
accused did not object to such evidence.
Where the accused was definitely and squarely charged with rape, he cannot be convicted of
qualified seduction. Rape and qualified seduction is not identical offenses. BUT one who is
charged with rape may be found guilty of qualified seduction when the verified complaint for rape
contains allegations which aver the crime of seduction.
Technical malversation does not include, or is nor included in the crime of malversation of public
funds.
An accused charged as co-principal may validly be convicted as accessory even if the principal is
acquitted.
The fact that the information indicated marijuana dried leaves, while the lab result dried flowering
tops is not a ground for acquittal.
Accused cannot be convicted of the complex crime constitutive of various crimes alleged in two
separate information.
Simple robbery included in kidnapping with ransom. ( unlawful taking with intent to gain)
An accused charged of a complex offense may be convicted of one of the component offenses.
Where there is a variance involving the date or amount of checks described in the information and
evidence, accused cannot be held liable for violation of BP 22.
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pg. 78
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pg. 79
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pg. 80
Right to appeal is only statutory. However once granted, appeal becomes part of due process and
should be liberally applied in favor of right to appeal.
Judgment of acquittal becomes final immediately after promulgation and cannot be recalled for
correction or amendment.
Erroneous dismissal after trial constitutes double jeopardy. Also, no reopening to modify
judgment.
ExP: when accused pleaded guilty but reserved right to present evidence that amount he stole was
already recovered by authorities.
Neither is the remedy of certiorari to annul the judgment of acquittal in a criminal case available,
the reopening of which far any reason is forbidden.
GR: appeal from prosecution from order of dismissal is DJ.
Exps: NOT DJ
a) dismissal is made upon motion or with the express consent of the defendant
b) the dismissal is not an acquittal or based upon consideration of the evidence or on the merits of
the case
c) the question to be passed upon by the appellate court is purely legal so that should the
dismissal be found incorrect, the case would have to be remanded to the court of origin for
further proceedings, to determine the guilt or innocence of the accused,
if the judge commits only an error of judgment, not tantamount to a grave abuse or discretion, the
proper remedy for correcting such an error is not certiorari but appeal.
Appeals to any court where PP is a party, OSG must be informed. Failure to serve such notice of
appeal to OSG is a ground for dismissal of the petition.
Right of offended party to appeal: pertains to civil aspect of the case.
- No right to appeal by offended party where accused was completely exonerated. Exp where
reservation to file the same was made.
- Civil award may be appealed by the private prosecutor on beheld of the offended party
- Conformity of OSG is not necessary.
Right of the prosecution to appeal:
ONLY Solicitor General, not fiscal or private prosecutor, represents the PP on appeal. Otherwise,
dismissed. But when made by private prosecutor, the same is cured when SG intervenes.
BUT offended party retains right to bring a special civil action for certiorari in his own name in
criminal proceedings.
GR: certiorari is not available when period to appeals has lapsed.
Exps:
a) when public welfare and the advancement of the public policy dictates
b) when the broader interest of justice so requires
c) when the writs issued are null and void
d) when the questioned order amounts to an oppressive exercise of judicial authority.
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pg. 81
Appealable to the SC. By petition for review on certiorari raising purely questions of law in
accordance with Rule 45, roc.
Apply Rule 65 where only jurisdictional issues are raised.
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pg. 82
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pg. 83
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pg. 84
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pg. 85
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pg. 86
Section 8: search warrant of house, room, or premises to be made in presence of two witnesses
Section 9: time of making search
Search shall only be made on the day and time and purpose indicated in the SW. Beyond that
anything searched and seized is not allowed.
Section 12: delivery of property and inventory thereof to court; return and proceedings thereon
Court approval which issued SW is necessary for the retention of the property seized by the police
and only then will their custody be considered custody of the court.
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pg. 87
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pg. 88
- objects in plain view of an officer who has the right to be in the position to have that view are subject
to seizure and may be presented as evidence.
- Limitation:
a) prior justification for intrusion
b) inadvertent discovery of the evidence
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
d) plain view justified mere seizure of evidence without further search
Discussed:
a) prior justification for intrusion
- whether it be a warrant for another object, hot pursuit, search incidental to a lawful arrest, some
other legit reason.
- once the valid portion of the SW has been executed, the PVD can no longer provide any basis for
admitting the other items subsequently found.
b) inadvertent discovery of the evidence
- the fact that the police had to look for the MJ plant before effecting arrest is unlawful not valid
warrantless arrest. PVD applies only where the police officer is not searching for evidence against the
accused, but unintentionally comes across an incriminating object
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
-it must be immediately apparent to the police that the items that they observe may be evidence of a
crime, contraband, or otherwise subject to seizure.
- they must have a clue of what is inside a container ( eg. transparent)
- if there is a need to move objects or open container to find the illegal item, not in plain view.
-Plainview in motor vehicles.
5). Search in the exercise of police authority under customs: in violation of Tariff and Customs Code
- search of premises NOT being a dwelling house
- search of vessel of aircraft ( includes removal of obstruction to discover contents)
- search of fishing vessel ( same as ratio for moving vehicles)
- warrantless SS under Section 80, PD no. 705, Revised Forestry Code of the Philippines, involcing
forest products.
- search of any vehicle, beast, or person
6). Exigent circumstances:
- catch all category
- searches based on PC under extraordinary circumstances.
Examples:
a) where the distinctive odor of the mj emanated from the plastic bad carried by accused
b) where an informer positively identified the accused who was observed to have been acting
suspiciously
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pg. 89
c) where the accused fled when accosted by the police where the accused who were rding a jeep
were stopped and searched by police who received confidential report that suspect would
transport mj.
7). Stop-and-frisk rule:
-TERRY RULE
where a police officer observes unusual conduct which leads him reasonable to conclude in light of
HIS EXPERIENCE that criminal activity MAY BE AFOOT and that the persons with whom he is
dealing MAY BE ARMED and DANGEROUS, where in the course of investigating this behavior HE
IDENTIFIED HIMSELF as a policeman and makes REASONABLE inquiries, and NOTHING in the
initial stages of the encounter serves to dispel his REASONABLE FEAR for his own or others safety,
he is entitled for the protection of himself and others in the area TO CONDUCT a CAREFULLY
LIMITED SEARCH of the OUTER CLOTHING of such persons IN AN ATTEMPT to DISCOVER
weapons which MIGHT BE USED TO ASSAULT HIM. (Terry Rule)
- laid down the specific and articulable facts standard AND pat down search for weapons.
- stop and search is different from stop and frisk ( former needs PC, while latter no need)
- applying terry rule, extensive search is not allowed. The latter is only allowed if there is a PC.
Total Exclusionary Rule: any evidence obtained in violation of the search and seizure shall be
inadmissible for any purpose in any proceedings.
Who may assail legality of SS:
a) raised by those whose right has been invaded
b) if properties of corporation: must be made in the name of the corporation
c) legality of checkpoints, persons whose rights were SPECIFICALLY VIOLATED.
How to challenge legality of SS: file a quashal of search warrant
Exp: seriousness and urgency of the case: certiorari
May be waived when there is no objection on the legality of the SS was raised during the trial of
the case or to the admissibility of the evidence obtained through said warrant.
However, waiver of illegality of arrest or search IS NOT WAIVER to the object to the admissibility
of documentary evidence. Because objections to documentary evidence must be made at the time
it is formally offered in evidence.
Things not specifically mention in the SW must be returned in order to comply with the
constitutional provision regulating the issuance of SW.
Illegality of SW does not call for the return of things seized where the possession of which is
prohibited by law.
The total exclusionary rule may only be invoked against illegal SS BY the govt or its agents.
Where there are conflicting claimants: interpleader is the proper remedy. Initiated by the govt and
is cognizable by court issuing warrant and other branches to which it may be raffled.
GR: Property seized by virtues of SW is not subject to replevin.
Exp: when SW is illegally effected
I will live my life to the fuNNiest. (Warlita Bee, 2014)
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
www.warlita.wordpress.com
pg. 90
Section 14: motion to quash a search warrant or to suppress evidence; where to file
If no case filed yet, judge who issues has jurisdiction even if a complaint is already pending PI
before the prosecutor.
Grant of quashal of the SW will not encroach upon the pending PI. The effect of such quashal ( on
the ground that no offense has been committed) is only to render the evidence obtained by virtue
of the warrant inadmissible for any purpose in any proceeding including PI.
If case is already filed, motion to quash SW may be consolidated with the criminal case. To avoid
conflicting decisions.
Where the court which issued the SW denies the quashal and is not otherwise prevented from
further proceeding thereon, all personal property seized under the SW shall be transmitted by it to
the court where the criminal court is pending.
Court which issued SW is not authorized to rule on ownership of the things seized. If quashal is
granted, the return must be made to those whom those things were seized.
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pg. 91