Vous êtes sur la page 1sur 163

fi-j.

*),,
\::,.j]l
C.

D i'i[t'lT 0F JL'STX{]E
triPfiRl
rdfit uln-r'gilllln- H-JsE $irts-v
llevised Man Lral for Prosecutors
,\
\

CONTET.{TS

l9

Complaint Filed With the Prosecutorls Office...... 26


d to File Coirulaitrts........ :...............-.............. .. 2'7
t Ofllccls/Puhlic Off cers Arrtliolizcci to l:ile

)_ I nsutlln()[ oI n1jp11l {qtion; I Iow and Whcrc Conrnicnoed, .. . 30


6.,i'lace Wheie nrirtni Acliorr ir (o bo IrtslilLttctl.........:'..,.,, .... ....':10
7. Wlio Prosec ...;....,.. -3 .l

3l
Need Not be Undcr Oath; Mattcr Which a
Certifu Under Oath in tle Infounation ...............32
on of an Information ........,...............-........... 32

/:!1,
'q:!r JA
Complaint or an Inform'ation.......,...................... 32
.the accused..,.,.......................................................32
of the offenses committed .............................. 33
Conclusious of Law....................................,,...... 33
Avenrrct rts of U lti nrate lracts.................,............. 34

the o:flcnso waS conrnritled ............... :.....,............ S S

nrnr iss iort o l' llro offettse .:.,..........-.,...,..,....:.....'.. 3 6

fllrnrgcd

llevised Manual for I)ros


/

4. Title of the Complaint or Infonnation... ...............37


5. Qnalifying and Generic Aggravating Circumstances; To be
. AllegedandProved...-............. ............................38
6, Lisl of Prosecution Witnesses .
7. Amendment of the Cornplaint or Infomration ....................,.......... 38
-'--
a. betorc the accused pleads

RUI,ES

rfl

Revised Manual for Prosecutors I : ::::!


l., .ri
i
Li. 'l
--L!&it!d
B. INQUTST PRO

Wlren the Arrested Person Executes a


125 of the Revised Penal Code................,........ 52
tle AruestedrDerained Person.....................,..... 52
a. -; Onellse
II ^^ 5?
D. lI Onense 1e.................,,...,.,...,,......,.....,..........:... 52
Proceedilgs .................................:..,.,...,... 5)

,ilL

(lre lnqucst l)r'osccrrlor'..............,....,,,...,,..,.....,... S+


Artic les/Propcrt ics.....r.......,,...,,....,............. 5 5

IV; RiiLE\ANl"IIJR] Lll) lrlN(1li...,,

59

llolrn No. 01 , s. 2008 - Investigatiot


60

.. ol
02, s. 2008 -.llclcasc Ordcl of
/

n'AR'I'III: l.iU&tMAltY lNVliSl'lCArlI()N....-.............---..-..--.,.................74 .

Revised Mdnual for Prose cutors


3. \\here R Ctnnot bc or if Subpoenaed
SuL.rpoenaed
Does rot Counter-Affi davit ............................ .---87
4. Objects as a?
5. Guidelirres to Obsclvcd in thc Sen'ice of Subnoenas.............,, 87
-lftrdavits bJ, the Responde0{/s .............., 8ti
Wilhin \4/lrie h lo Srrhnrit
tcr-Aliidlvit..,..-.........................:,....:--,............8-q
to Disnriss. Mcnrolarrdunr rlr' Motiorr

rirrg tlrc Cf arificatory Heal ing.... .... ..... .. .........92


o?

Revised Ma nual for


5. Writtcn Alrpruvll I{otlrrire d irr rc Disrnissitl o('u Cotttltlttint or
the Filing ofan lnibrmaLion in Court...........1.......,.........................99

rnd Inlbrnration

&
L"'

110
112
It3

Revised Manual for P fosec utors


Sanrple
Sanrplc I n li
Sdrlple lnli

PRELTMINATTY INYESTIGATION PROCESS


' 1a/

' . A. Duties of the 137


' 1- Before the of the Accused.. l,J I
r. uunng IIIe 138
3. After the 138
rJ. -ufiecl oI tne rrlt fa Petition for Review ......... 138
C. Applicable Rules Cases Where the Accused Pleads Guiltv
to a Lesser Offer I ?.O

D. \\rlien a Plea of to a Lesser Offense Not Allorved ................. I 39


E. \\4ren Accused
IU. RUDENC

OF A ll ltli-'l' ltl A l, CON lf llll li,N Cl l,l, .,..........

140
140
I41

Revised Manual for Pro


D. Waiverof Objcr-lirrrrs 1o i lre Adnrissibjlitt' l['|ividcrrce............,....... l4]
F,, Ivlodification o1 tlrrl Ordcr oi'Trirli.-...............,...,................,.............. 141
F. Srrch Otircr Matlcrs............. .........141

III. NON.APPEARANCE AT T}IE I'Rtr-TITIA[, CONITERENCH."..., 141

10 l'levlsed Manual for Prosecutors


RT]DENCE.;

Whcn no Warrant ofArrcsl rvas


152

152

A. rrepalallolt oI
B. Order of of Wituosses:....

t0 hc Shte t54
.ll:otccti
ls5
May Avail of tf,f
:rent by the r56
156
156

ofwit

H. Custody of and Rcul llvidcnce

UDENCE

Revised fManualfor Pr o15 1'l


PARTX: APPEAL/PETITION F'OR REVIEW

RULES

PART XI: MISCELLANEOUS MATTERS.,.........1............-.....-.-........ 168

II. CANCELLAI]ION

III. HANDLING OF CII


AGAINST FUBLiC
i

i
i
I

12 Revised Ma nua I for Prosecutors


l.lf theChild
2. If the Clrild is
3. Guidelines in
1'13

OF'

FO

G ACT (R. A. No. 7942).............................. 183

E. CLEANAIRA (R. A. No. 8749)


1. Pointer..,........

Bevised Manual for Pros t5


tr,

192
192

14. Revised IVla n ual for Prosecutors


Under Ordinary Actions ............-...................... 21 0
crio Rcmedies for Human Riplrts Volations... 210
"In

OF INVOLUNTARY DISPLACEMENT.,.. 231

liO R [,lU N4 AN I{IG}.|'|]S V | 0l,A'lll ONS ;'. 233

'-"" "."'-" "" "" " "" """""" "- "':""':"" "" 1'lJ
rrnder thc Civil Code (Articlc 32) ....................234
| .i1n
Llllll Ol l--VIOellCC l(eOUI[CO...,......,....,,.,.,.,........, !J-t

Revised Manual for Prose 15


C. Filing a Clainr Llcf'ol'c thc BoiLrds ol'Clairtrs ol tlrc Dcpartntcnt o1'Justicc
undcr rhe Victirrr ('onrpcnsilliou A0t (R. A. No. ?109).......,............. 236
1. Lr:gal Basis.......,,...........:......... .......................... 236

ec. 258. Unlawful Pursuit oi Business..,,.., .........249


^.;
r. Llelletlls oI 5cc. 1J6..,,-... ........149
2. Documentary Evidence Required .................,.. -...........................249

16 Bevised Manual for Proseculors


Under Penalties of Peijury......................... 250

File Retirirr, Strpply Correct and Accurate

Revised Manual for Pro


AP?ENDICES

tlrc Law as Dcllired Urrdi'r RA 9344

tnvoiving RA9165 (

..I-'? - D.C. No. 47, s. 2000 (PrcparLrtiorr olll '[l.ial (iuitlc)... 3l I

Appendtx ..H,'- Uulde Ior Medla pracriLiolers on the ReDollins


and Coverage of Cases Involving Childr.en.................._........]........:f g

A-+j
ft Appendix ..1" - Panicipanrs of rhc Validarion Sessions........................ 324
\'

18 Revised Man
my hope

Revised Manualfor Pro 19


Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Departmenl of Justice
Manila

20 h evt5eo lManuatlor prosecutors


lations

Revised Manual for P 21


valuable policy reseatch, process analysis; documentation, technical writing and project
fr,n
'aAnlAhf

Secrctariat and otltcr adminisuutive work welc effectivcly and efficiently carned
oul by Ms. Eleanor P Singson, N4s. colazon s. Navarrctc. Ms- lurelda A: Ballcsteros ancl
Ms. Evangcliue C. Cluz. l'hey ttrc lhc stirl'f ol'Assistarrt Sccr:ctruy Tercsilu ll. Donrirrgrr
who m-ost willingly comnritrcd thcni lbr this endiavor.
'. r.. . ..r]t .:.t. : : : , .t. , ..,.....
l,,, ..lNPS.oror""utorr.
t{lS.pror""ulors, rr,ptosccution aflorncys, adnrinisuative officers and reprcsentativcs
offlre various aeencies fsini tL::.lT 1-*TlI.rlhern, attacbedare,trre respective rists)
:11""::i::t
irave
have shown tbe"ir lt:Ti::
the-ir !:1T: atrenlion O-,"ii
enthuiiasm,
enthusiasr . ;;;;
ioputs during the consultatious ald validariori "rd Specia)
validariot sessions. Spr menLion'is however giver :

to^undelsecrelar!
to Undelsecrelary Mary'Ann_Lucilie
Mary'Ann Lucilie L. sering_and Alrc c. Durban of the Departinent
Atry. Alion
Sering and Arry.
of Environment and Natural Resources r'DFN (DENR).
R) whonror.,idedfor<necificci';r}i"..."",,-
who nrovit
tion of ,euvironmental i

Lastly, retired Justice Romco J. Calleja, Sr., a grcat lliinkcr who. with his expenise
and smarr thinking, proffered reler ant and disLiuct suggestions during the rouncl rable dis-
cuss ron.

Kevtseo Manuat Ior pro5etutors


PART I. ON OF OFFENSES

| 9, 2005).

conditiolm hereinafter specified. Bail may

Revised Man u al for Pro


.!!.
i;
il i
it
i'i
'

nore surotibs,twith ,

thc colldilion 1o bu void Lrpon dtc perlornrancc by thc accuscd lof


of such acts as he . .

rnay legally bc Lequired ro perlonl (Villasenorv. Abatto,2) SCRA 3IJ)


S 1
. 5. Complaint a sworn writtcn statclnenl charging a person wirh a5 offcnse, sub- .i. :i
scr:ibed
'with
by tbe offcndcd party, arry p"ac" offi"r., or ollrcri plblic officcr chareed ;i. j
the euforceurcitt of rhe law violated (,Scc. -i, Rttle ilT, Revtsed Rules on f .i
. Criminal Procedur.e).

6' ::.::f:}-lJ:";'jTilif,ilH"#f"!'.#,'ji,il;,j,';;Uj;""""',:yl* '.j


.
[,'
Cole Criit.inti Laty, Buok Onc, I|th Etl., I.tti,+ IJ. Rtycs, 1t. 626). . : f f

rr punislrable by law (Scr'. 3(b). Rtle 1, 1997 Rules


i , t : ,:,,, .
r. .' .
8. Information - is an accusation in writiug clrargirg a person wirh ari offense,
subscribed by the prosecutor
prosccuror and
and filed
filed with thc .conrt {Se
rhc .coLrrt (Scc. 4. Rtle
c. 4. ll0, supra.).
Rttle 110, suprat.).
:: , .t^.
.. '-
^9. Inquest - an infomal and sulrmary investigatior condlcted by a public prosecu-
' tor in cdrninal cases .involviirg persons arrested and detained without the benefit
ofa wanant ofa

24.,
founded ki catse, "coupled with good Jizith on the part of the peace
fficers the arresl." (Umil, et. al. :us..Rantos,202 SCM 251 []9911).

reply of the accused to the

Revised Manual for Pr 25


penalty of imprisonment does not months,
regardless offlre fine.

o,, Cri-ioui P.ocedure. involvins offenses in wlrich the penaltv of imprisonment


prescribcd by law does not cxc-eed six (6) rnontJrs, or'-fine not exceeding oue
r','uuu'uu,'
ihousand pesos (Php | ,000.00).
l
.r'1' ' '''t
it. lli,,l - i, "
judiciallcxamination ol'thc clairrrs at iiitrc.iu a case wliiCh is.presentcd
a

by Lhe prosecLrrior and tlcl'cnsc to cnablc tlrc ctlilt 1o allivc at a judginent pro-
norrrrcing eiLirer {he gLrilt or inuoccncc oflhe rccused (LlS v. Ra1'tizundu, I4 Phil.
416 [re09]).

III. GENERALRULES ]

n,'lrT l rRT.n
A. COMPLAIh-T
',1 ' :

1. For:m of the Complaint Filetl Belore the Prosecutolis'Office:; ,


, _:. :., , .

26 Revised ManLral for Prosecutors


perFons are authorized to fi1e a complaint:

27
In offenses which camrot be pros ectfied de oficio, only the fl
ing persons may file the complaint:

1.

ISA
t',

d.

28 Ir4a nu a I for Prosecuto rs


of viohtion of RA 9208 (Anti-Trafficking in Pcrsons Act), auy
following may file tlie complaint:

Nlil
o ffl ci
tio:rs

offi

llevised Manualfor Pro


Trial Coults,
Courts; or',

6.

30 Bevised Manual for Prbsecutors,r,


tnp, nding tlrc place of departurc and an'ival (Sec. l5 (b), Rule II0,

offerrse is committed on board a vesscl in the'cotrse of its


.:.
'::: .

crimina1actionsha11beinstituteo.ln.re;pIoper:ooun.ortrsfirst
nrv or. of anv .municioaliw or lerrilorv thiouElt *hich the vessel
uring si.rch voyage subjecr'io .the gencially accbpied principles of
:
onal'law 6ec. tifd ahc t lo. .tu,r o),
nluce whcrc ttrc action is to trc institutetl is subiect ro existing .
such as otfenscs which fall undelthc ixclusivc -irrrisdiction oftbc :
LiganUav'qr City.
wdich is located at Quezon City.
iganbayan which '.. .', trt,: ; .' , ,,' ;. ' ;
"
r:l
*";o*tuu"u .";ra; the Philrpprnes 0", o*rn*iit :
"ni"rf
|,of the Revised Penal Code - ' .
le 2,of ..:.r
. , ,',,
:, ': :
1. , . : ".
I
-.
') '-r. , :

mmissionof rrr"ft crimes shall


of such cognlzable by the court where '
t" cognizable
shutl be
' ' 't C
\ i

-r,'irrion "ii*",
'
r1 action is firstfiled (Sec' 15'(d), Rute itL, 5.l,ltro ). , r

utes Criminalrl Acnons


Actions

actions commbnced by a Complailt or Information shall be


under the direction and control of the prosecutot (Sec.5, par.

Bevised Manual for Pro 31


B, INFORMATION

. . .t.,,: :

supra.).

32
that
ion is void for beirrg vjolativc of the c

Revised l'4anualfor Pr
,is the ti

nt.to Scc. 32 of"n C ZCfO,:'

,l'-,,,.
"Sexiril abuse i ncludes:

"l

''

.:
1,. Llre lltolestauon, or
.

-'1 nr^qrifi rf inn nr


t-'""".."'-.,. -'

4. luccst $'rth chrldren.''

Sec. 5 ofRA76l0, llence, tire


No. 163866, Juty 29, 2005).

34 Bevised Manual for Prosec-utorj


35
Revised Manualfor
c. all qr
DATTS

.d.,'l ai1 m
,' 1.. ' owne
.r ,i,r':rlal lcr
:- :t1 , :6[66
;itii,,', rl
e, . 'ase c
' acleo
. , t , ,
jaee
;. ,f i - o
t r,t ,..
fr, fg;nn9r
' ..:
'A cc
'i the
I whel
' Rule 110
.' . 1' , .

rr",
"i'-
,.., in,h.
15 SEI
1,....
of thr
ity lr
elcm
clcscr

Revised Ma nua I for Pr 37


Proved
iil" :

ll.

list of

involved and, iir proper

38
to plead anew to the new Informatiorr; and,

Revised lr4anu al for P


9. Prescriptive Period; Iiow Computcd a

a. For: an o{ltnsc penalized under the

r rle penoo

40 Revised Manual fof Prosecutors

l*/dirtu'.qdi,*
Revised il4a n ua I for P tit o rs 4t
10. The wolds "agglavating/qualifying", "qualiffing'i, "quaiified by'1, .taggravatingil
or "aggravated b;1" lqed not be expressly staled as long as the particUlir altenflalt .

circLrrnstanics arb specified in rhc lnlormatio n. lPeopte v. ,lqiirto, 386 SCR4 39l
,-
t)nn 021 as reiterated in People 1,. Paulino, 386 SCRA 19l [20021 and People v-
/--
::.
Garin,432 SCM" "'": 394 IL:vat/
--- l2AQ4l).
I,, :,'..':,::
\..
':
Il 1l.. Wheir
Wlen
WLcrr conspilacy charfe,l as ai rnode
consniracv is charged ir the
rrro,ie in lhe corrLmission nf
chrrrrniccinr.
thc cbmrnission i.rirrre
of ae crime,
crinie, the,
+ha' ali.gu.
the allega-
"li.;..
tiou in'the Infonnatjon
hrfonnation should allege, rLus: a) by thc use of rhe word "conspiie"
or its derivalives or syuonyrns, sych
such as corifederarc, ccllude,
corifedelatc, connive, corrude,.ete
collude, etc. by
et9. or b) bv-
by-
:llt:
:l:'::::::l'J::"?i
|5.,*iu,":
allcgations
llcgations ofbasic
of ?::r:::.:t.h
91 ?u:nt,nt,
consrrfutingi'-::ltg.":*:,ce4nive,
basic fac{s consrifuting rhe couspilacy
colrsp in a ruarurer,rhit a persori of
colrlmon understauding would know what is intelded, and with sLrct precision as
wouid enable thc accused to cotnpctently entcr a plea tb a subscqucrrt urdictmelt
based on llre sanre facts (Esttadi r. Saictiganbo-ian, GR No. 1i8965, Fuh,tn,y
26,20U)
26, 20(D): .,

'' "fik?Triiil:l
rio'ofthc u""us.d who mayiheleforc bc couviclcd :li'i:i
;1,"J,l:Tii:li?Hl5:,5il:i f.r'i:::*l::.';:
of ;"ri'n";;;r". r"riorJirrrt
tltat nanlcd lr tirc ritle or prcJiminary part if such crimc is covered by the lacrs

Revised Manual {or Prosecutors


in tlie

43
PART rr. TNQUEST

44 Revised Ma nua | {or Prosecutors


CONDUCT O.FINQ

k 785

45
. a list/inventory of the arlicles ard items
. statcurcnt ofthcir respective values,

e. Seduction and Forcible Abduction u'ith Rape


Abcluction with
e'Kape,seduciJo11and.t'orc1bleAbduct1onw1tnKape
Rape, Seduclion Rape
: ij
', , ' r. tle medicoJegal report (living
the mediJo-iegal case report), ifi f the victim submitred
thc viciim helself
submrtted hersglf ,, l ful
for mcdical or physical exarniraiion. }.:ti
1
^ --. - ^:-
.f.Mo1ationoftheArrti-CarnappingLaw(fu46539)..'
t.ornac1rinetopyortn"certifcateofrlro
, ::
- --^^1-:-^'-^-.-, ^".t-^ ^^:!:c^rr^ ^r---^r^--_-,;1-.:;r: -;.-:^1-^r:^;l ' 'il,
' . vuPJ ofthe
rrachine copy ur .rte cument ofiRcial recdipt ofpalnnent
vwrPr vr Pajlrvrl of tlre registration
ofthe
fees t'r vehicle;
rnotor vEurl/rE,
t*,,
subject ruulur
LrrE DuuJeuL : :::
iw,
r photogtaph of the vehicle,:if readily available; .

,.F,i+,

46 Revised l\4anual for Prosecutors


fiom tlie Traf6 c Managerlent Group / Land Transponarion

bf ownership.

47
, I :l
50
of the oarents. iustodians :or
c.
' tlte ProvirciaVCity Proscculor for appropriale abrion.

,,8"

Kevrseo Kutes on Lrlmln


ol ltle ln torrratlon wl tou
trrcl imi rtarv l inveqlioation

52 Revised Manual for Prosecutors


(1.2 hours light offenses; 18 hours for less grave offenses; 36 hours for
grave counted from the time of arrest).

the following factors are ta.ken into considerirtion in detennin-


nor Aflicle 125 of Lhe Revised Penal Code has been violated:

the of communication '

the ol the anest

is reason to bc
unlawlul acts (

Reyised Ma nua I for P


autopsy of the

\TERED
i'i8ra

lid
'i
.thd
ow

'a
:.'.-.

Bevised Manual for 55


Informatiirn in cbutt without a

Bevised Manual for Prosecutors


Revised Manual for Prosecut 57
58 Revised Manual for Prosecrrroi<.
I.S. No.:
Handling Prosccutor:

60. Revised Ma nua I for Prosecutors


't

Prosecutor Administering Oath

not be accornplished for inqucst casrs

Manualfor Prosecutors ol
NPS INQ tr'orm No. 01,

In cotnection
are hereby drrected to

2.

62
;Revised Manual for Prosecutors 63
NPS INQ Foun No. 02,

.- who is prcscntly under youi cus


ioned case. it

64 ' Revised Manual for Prosecutors


hrvestigating,Police Offi cer .

(Signaturc over prinred name)

65
NPS fNQ Form No.'03,

day of

66 Revised Manual for Prosecutors


NPS INQ Form No. 04, s,2008
.l
Republic of thc Philippines
j DeDartment of Justice
NATIOI IAL PROSECUTION SERVICE

' . Complainant. :r i: '

l)
sus:
';I I I.S No. ,.,
,'l

tl
REQUEST FOR(PRELTMINARYINVESTJGATION
PRELTMI NARY INVESTJGATION .

IND WAIVER OFAR'I'ICLE I25, RE\4SED PENAL CODE


(Where An est was Properly Effected)

, . With the,assistance
, investigation. of counsei of my chorce, I wish io avail of my righttOta p:etiminary
and for this purpose, I hcrcby voluntarily waive my lights under tle provisions of
Anicle-125 o_f the Rcvised Penal Code. Pending the complctiol) of tlre prelinriuary irvesrigarion
;, proceedings, tl.Br ys to
yr \r\,sEu.tlrBb) Ir agree LU remain
rgmatn undeir
unoer police
pollce custody.
cuslody,
:'

i Pleccl

(Date)
ti r : '

Bevised Manual for pro sec uto rs


67
NPS INQ Form No. 05,

68 Revis ed Manr.lal for Prosecutors


NPS INQ Form No. 06, s.2008

KepuDltc ot llte t llrlrpplnes


Departurent of Juslice
NATIONAI PROSECUTION SERVICE

LS. No.
For':

RELF,ASE ORDER
(Of Recovered Articles)

EVIDtrNCE CUSTOD

On the basis cf the requestlmade by for the release to brs


of the arricles/properties fafiicularly described as foilows:

Philippines, 20

Inq uest l)roseclrtor


(Signature ovcr printed narre)
conlinued, nefi page >>

Manual for Prosecutors


NPS INQ Form No. 07, s.2008

Republic of the Philippines


Depaftment of Justice

I.S. No.
For:

R esrrnrtdent.
x------- --------11

REQTIEST FOR. RELEASE

I am respectfully requesting ihe release to my custody of cerlain arlicles/ ppopcr.ties, more


described as follows:

and in connection therewith, I declare under oath:

for Prosecutors
71
20

',t
,: ,i
, ,'l'i
lrr. .tl .
FLOWCHART OI\{ THE IIEST PROCEEDINGS

tzl
tol
tEl
l(,l
'| F
tBl I

t>t
lzl
t;l
tlcl
t<t
tzl
l=l
til
tHl
t:t
J-
lol
tlrl
tU o:
!4L l'l

i\4anual for Prosecutors


by irnprisonment ofless tltan four (4) years rwo (2) rnonths

liabiiity

i) 130 -
144 -
151 -

155 -
r75 -

74 Revised Manual for Prosec


B) Art, 178 - Using Fictitious Narne and Concealing Tlue Name
9) Art. 179 - llllegal Use of Unifoms ald lnsignia
10) Art. 200 - iGrave Scandal
11) Art. 202 - Vagrants and Prostihites (lst OffendeQ
12)4rt,211 - lAbandonment of Minor by Person Entrusted WitI
Custody
13)Art. 265 - Less Serious Physical Injuries
14) Art. 266 -Slight Pb1'sical Injuries
15) Art.. 239 - Unlau,flrl A.uest
l6) fut. 275 - Abandonment of Helpless Person
17) Afi.276., .Abardoning a Minor (Paragraph 1)
18) Art. 281 - Othel Forms of Trespass
tS) art. 282 - IGrave Threats (Par. 2 fWithout Condition])
20)An. 283 - Light Threals
-
21) Afi. 285 Other l-ight Ttneats
-
22) Art.286 Grave Coercion
23) Art. 281 -' Light Coercion
24) Art. 288 - Other Similar Coercion
25) Art. 289 - .F'omation, Maintenance and Plohibition of Combiration or
t_antlal oT LaDOr
LaDlal ]ru Vlolence
L-aDor lIU vtolence or I ir-eats
ltreats
26) Ar1. 290 - Discovery of Secrets thru Seizure of Comespondcnce (,Pat. 2)
27)Art.291- Revealing Secrets s,ith Abuse of Ofnce
28) Afl. 308 - Tireff ifthe amoirnl involved does uol exceed P50-00
29) 1.rl. 312 - Occupation of Real Property or Real Rights ir Propcrfy
30)Art.315 - Estala involving P200.00
3 I) Aft. 317- Swindling of Minor
32)Art. ll8- Othcr Deceits
-
33) Art. 329 Otber Mischief (Malicious lr{ischief)
34)Art. 338 - Sirnple SedLrcLion
35) Art. 33 9 - Acts of Lasciviousness with the Consenl of the Offended
lParty
36)Art. 358 - tl,ight Oral Defamation (2nd Par.)
37) An. 363 - ]Incriminating Innocent Persod
3 8) Art. 364 - tlntriguing against Ho or

39) An. 389 - LigliL Slandcr by Deed (2nd Par.)


40\PD 1227 - ltlnlawful Entrv to U,S. Naval Facilities
41)PD603 -[',lon-Support

l\,4an ua I for Prosecutors


II.

76
. PART IV PRELIMINARY INVESTIGATION

GENE'RALITULES

CONCEPTS AND PRINCIPLES

and slrould be held for trial (Sec. l, Rule Il2, Revised

NATURE OFA ]. IN'V'ESTIGATION

It is rlelely inq
who rnay be reascnably
Courplaint or

Manual for Prosecuto15


77
4. Itis aJ

,.:.

iil1. urnr", utu* d",,yinitl,. righl to a p

the same withir five (5) days from the time le leans

7a Revised Manual for Prosecutors


of the filing of the hr{ormation. This five-day pedod for tlie filing of a motion for
preliminary investigation after an Infomration lias bAen filed iu court agairst an ac-
cused who was arrested without a warrant, has been charactedzed as mandatory (,Sec.
6, Rule IJ2, supra..).
.

4. It is a.Substantive Right.

\\ftile the right to a prelim rary investigation is merely s1atulory. nevertheless,


it is a substantive riglrt and to withhold it would be to transgress constitutional due
process (Salottga v. Pano, 1i4 SCRA 438.).

by public officials or employees it connection v'ith the per-


forniance of their off,cial ies anii functions.

igations, the evidence required for purposes of filing a


in courl is merely such evidence as would engender a well-
has been cornurifted ar.rd the respoudent is prdbdbly guiltl
thereot and should be for trial (Sec. I, par I , Rule.112, sttpra.).
:r: ,l
I. "Probable Cause" Defined.

't a. "Probable cause'f has been defined as a reasonablc ground ofpresumption that
amatter is or may be well-founded; such a state bf facts in the mind of the pros-
ecutor as would lead a person of ordinary ca tion and prudence 1o believe, or
eutefiain an honest or strong suspicion, that a thing is so. " l
i

The term does not mean "actual and positive cause" nor does it import abso-
" 1"+- ^-'+.,;-ft. I+;"
lute cerlainry. It is merely ^- opimon
based on
'n-.-1"L-:-'{ ^,";-;^- and -;-."^-41.1- 1.-1;-f
--,1 rersonable Tlirrc -a findrng
belief. Thus, +-'ll--
of probable causi does not raquire ar inquiry into whether ther'e is suffrcient
euibeuce to procure a conviction. IL is enougir thar ir is believed that an act or
ornission conrplained ofconstitutes the olfense charged- Precisely. there is a ttial
for t1.re reception ofevidence ofthe prosecution in suppolt ofthe chatge (Paredes,
Jr., L Sandiganltalan, G R. No.108251, Januaryt.31, 1996).

Ma n ual for Prosecutors


G. R. lr'o. 96182, Aug. 19, 1992).

f,Fr
Ej'

80 Revised Nlanualfor ProsecuLo 15


F. PURPOSES OF TI{E CONDUCT OFA PRELIMINARY
IFWESTIGATION

trials .

I, Rule

conduct

3. Other officers as may tie authorized by law:


I

a. Tlie COMELEC is mandated urder the 1987 Constihrtion. not onlv to


invesLjgate but also to prosecutc cases of violation of electiot oflenses
(People v. Inting. 187 SCR.4 788).
rl
l

If the prosecut{r files an infomration charging an election offense or


prosecutes a violation of the election law, it is because he has been depu_
tized by rhe COMELEC. He docs not do so undcr rlre sole autlror.iry ofiis
. olncc (Peopte r. lJasilla, 179 SCRA BI).
I

b. The Ombudsmal is clothed u-ith the authority to condlrct prelirninary


rnvcstlgatrons a d to prosecute all crjminal cases involving public
officerc and empldyees, uot only those u.,ithin the juriscliction of the
Sanrliganbayan, (Sbc. t5 (1) and Sec. ll
@) ttf R. A. No. 6770 [An Act

anu al for Prosecutors 81


ry authori-ty to invesiigate and
Sandigeinbayan cases ([/y u S

82 Revis ed Manual for Prosecutors'


nual fof Prosecutofs 83
i

o[ a person arrested or detained pwsuant to all arest without


eiec,rtes a waiver in accorddnce'wjtl the provisions oiArticlE
amen{.Ui
n Revlsed Penal Code, as amended; . ' ',. ' ,, . . .
.
1]sed
t . ' ,,.
,,.,:.
,a", o. opon the
or upon tlre directive coun or oth".
di]ective of the courtl.or. cotnpetent uutftority;.,
other co authonty;
"nrop.ljot
,l
.initiative of tle Commission on Elections, o, upon u *rirt"n ' '
rt by ainy cirizen, a candidate, a regislered political party, a coalition,:
ered phnies or an organization under rhe party-list system oi any.
:d citilen arm of the Commission on F,lections in cases of eleclion
; (Secsl ; and.S, Rttle 34 of the COMELEC R:ules qf Prpteclure)-
l,t''
tents.q[theco.miltalnt
, j ,,,,,, : .;, .,,;:1r1,.i.,
,,.,,i ,,;:,
he compluint filed by rlre cornplairtanL *irlt the:prose",rtor's of0ce
mong orhers:
siare..aiong others: .

full and complete names and exact home, office or posral addrcsses'
re
iiffi
f
-pf ;#;t; il il/il*i; ;ii;;;;'.';
ie fulllpnd complete narne ard exact lome, office,oi noti"i
re respondent/s;

qnse/s charged and the place anil exact date and tirne ofits/tleiri,i
.1

B4
frorn receipt of the cornplaint by thc prcsecutor, ire/she

he or his wifg or cirild is interested as lreil legatee, creditor or other-


wise;,i or i

he rs related to either parry wiftjn the 6!, degree of consanguinily or


affinity or: to counsel within the 4tr' degree; o1

lre has beenlnamed execulor; administratoq guardian, trustee 0r


co uns el.
. d6.
rt&-

SUBPOENA
t_,' G AF'FIDAVITS AND OTIIER DOC

Revised Manual for Prosecutors


Subpo_enaed

accessible fi-rr examination, copying or plrotoglaphing at the expense of the


ft), Rule I12, supra.).,

.Manual for Prosecutors 87


Statiou Commanders of the Philippine National Police

days
LllIH. i1l1lu

s- z

Revised M an ual for Prosecutors


l. Extension of within which to Submit Respondent's Counter-
Affidavit

Filing of a l\{otion to Dismiss, Memorandum or Motion in Lieu of a


Courrlcr-Affidavit.

a. General Rulc

Manualfor Prosecutors 89
if such'memorandum, manifestation or motion to dismiss , l

tle respondent limself, the sane may be considereil as his

rounds for the dismissal of flre .coriiolaint,


: .'
sumcrency thereot, slrall be alleged or rnt

of a Motion to Disruiss or a Motion f,or a BiII of Fa

ror rne orsll1lssal or


the Existence ofa Prcjudicial euestion

The essenlial elemcnts ol'a prcjudicial qltcstion arc:

l. the civil actioi involvcs'an issuc similar or.iirtinrately related to the


jssne raised irr llre crinrinal actiorr;

2- the resolutioniof such idsue determines whether or not the crinrurai


action may pr<ic eed; (Sec. 5, Rule I I t; supra)'and

3. flre of tlre said issire pertains to anotlier tribunal (Cf. Ras v.


Rasul, Iuiambao v. Osorio, supra).

ual for Prosec uto rs ot


and issuance of the order, the cornplaint is considered

:h need]to be irquired into personally by bim, (ptease refer to NP;


Manual)
'o.07, tr. 2008 onp. 116 of this . .

rf to Exfmine or Cros!-Examine '


t!,
.

li ' I' , r .

ia fr"-ilig,:th" parties shall be affogded;tle opporhrnifr"g !a6ie 1


out the rigbt to exatnine or cross-exaurine. lfthey so desire, they ma;
vrittdn qJestions to -tlre lnvesLigating Prosecutor who may prbpounr
,sliors:lo the parties or witnesscs concerned tSf", :@' !1.1!e,!1;!,

rl.{otes
I
liuring the
: ,.
i.
Clarificatory llearing ,
1,,

,',:
,,..,,
,' r-.,;r-r,-'.,r,
.

iuvestigaiing prosecutor lnay record.the facrs attd. issues clalificd and


u"rtio,'ri ust'.il and answeris given during the clarificalory qubstion
ch shall be iigned by the parties concemed and/or theii- lgspeotivi
, i;'d l';;'"h"li ril;;i;r il* ;rn:l;i;;"il'"r
the c"se,''' "l
i r . .'
appeal ot'pcLitiott for review of
... ri'
inlesligar-
the
es wholdesirc to file an
:cutor's rcsolution may, at tlrcir o|tion, cite specific portions bf the
rlony of auy of the palties/witnesses l-ry lcfcn'ing ro rhe noies laken
.vestigating plosecutor. '" ' ,t,,
d;a,

been ireld that theie is nothins iD the rules which render aprelimi'
;ti gatipn invalid without thb aslsi stanoe of coun Sel. p eo p t e i ttti19i
t6eql , ,",f.
TE: A !:orifession oblained however, during tlre prelirninary investi
on witlrout thc aslistance of counsei is inadmissible (People v. Abaitr
SCRA 55!; People v. Ayson, J 75 SCRA 2I6: People v. Escorid.al,i (
,los., 1J8934-35, Januaty 06, 2002).
,i
y qucstiorring shall bc temriualcd wjthin five (5) ddy.s lroni its

9Z Revised Manual for


r. REPTY-AFFIDAVITS, B.EJOINDERS AND MEMORANDA; WHEN TO
AILOW THE FILING THEREOF

Ihe investigating prosecutor shaU not require or allow the filing or submis-
siol ofreply-affrdavits anrli or rejoinders except:

1. where new issues of fact or questions of law which are rnaterial and sub-
stantial in nature are raised or invoked in the counter-affidavit or subsequent
pleadings; and, :

2. wl.ren there exists a need for said issues or questions to be controverted or


rebuttcd, clarified or cxplainsd to enable the invcstigating prosecutor to atrive
at a fair andjudicious ilesolution of the case.

.l
In such a case, the pe$od fol the subrnission ofreply affidavits or rejoinders
shall in no case exceed five (5) days unless a longer period is authorized by the
Chief State Prosecutor/Relgional State Prosecutor/ Provincial or City Prosccutor
concerned.
I

Neither shall the inv6stigating prosecutor require nor allow the filing or
submission by the partied of memoranda unless the case involves difficult or
cornplicated questions oflaw or offact. In any event, the filing of memoranda by
the parties shall be done sirnultaneously and the per-iod therefor sl.rall not exceed
ten (10) days, unless a lo-rlger period is aulhorized by the Chief State Prbsecutor/
Regional State Prosecutoi/Provincial orCity Prosecutor concerned (please refer
to NPS Sample Fonnat "4", s. 2008 on p. 131 ofthis Manuat).

1.

2. satne incidcnt or tralsactioD or

sed Manual for Prosecutors 93


H. ACTI

1. If a
of
be

n1

ion by the parties of their respective affidaviis and supporting


docurnents, in which event, he shall, upon the evidence thus adduced,
whether or not therc is sufficient ground to hold the respondent for
3(f), Rule I l2, suprd.

J. PREP ON OFTHE RESOLU'IION

94 Revised Manual for Prosecutors


Where the respondent is a public officer or employee or a member of
the Philippine National Police (PNP), the investigating prosecuror shall also
determine whether or not the offense with which he is charged was committed
iu relaLion to his office and, if so comntrtted, such fact should be alleged rn
the Information to be filed wiLh the Sandiganbaynn through the Office of the
Unbudsman. (llepuhlit t'. Maximiano Asuncion, G. R. No. L-108208, Mttn:h
t9e4) .

3. Form ofthe Resolulion and Nutnber ofCopics

Tlre resolution shall be writLen in the official language, per-sonally and


directly prepared and signed by the investigating prosecutor (plense refer to a
Sample Resolution on !. Il9 of this Manual). It shall be prepared in as many
copies as there are pa;ties, plus five (5) addiriolal copies.

2. Case Nwrrbcr/s, orhenvisc known as the hrvesrigation SIip Nunrberk


( LS. No);

J. llre ofiense/s clrarged;


I

4. the date of the filing of thb complaint with the office;


i

5'. lhe date of the assignment of lhe case to or receipt of the case record
by the investigating prosecutor; and

6, tlie date that the case was submitted for resolution.


I

b, Namcs of parties

rre comprere namcs of all the courplainatits alld respondents irr tbe
case shall be set out in the caption ofthe resolution. Itis not proper to use
tlre phrase "et. al." ho reler ro olher conrplaiuants and respondents.

ofthevictim/s oi injuredparty/ies, nottheirrepresentative/s,


The narne/s
shall appear in the caption. In cAscs r.efer.red lo the prosecution by the law
enfolcement agenci, whcrc there is no idcntificd victirl, as in prohibited
drugs cases, the corirplairiant shall bc thc police statioll involved, followed
by thc narne and disignation ofthc policc ofiiccr r-eprescnting the police
station. i

ual for Prosecutors


In thd case of a corporation orjudicial entity, its corporate name
)ntiry bhail be indicated and written as follows, " 'X' Corporation,
by its (position title), (name of corporate officer)"-

Number

The nurnber of a case shall be based on tl.re following system of se-


codes:

rollarl nunret'nl -- NPS region and OCSP number


two (2).digit nurnber - city/prtvincial office
smatl.littct - provincial substation
PI or INQ - "PI" for regular preliririnaly investigation
investigation case; "INQ" for inqusst case
two (2)-6igi1 tturnber - last two (2) digits of the year
,A:>
capital lotter - month ("A" to "L" for Jauuary to December, respdc-

five (5) digit number - series lumber for an entire calendar year

t-01-rNV-08A-00001
.l - I{cgion I
'01 - ORSP
' INV - regular PI or sumrnaty investigation case
. 08 - year 2008
,a nronth of J anuary
'0000[ - first legular Pl/summary investigation case for year-
2008

I-05a-IN Q-osA-boo1o
'T - Region I
.05 - OPP La Union
ra - .Agoo Sub-Statiou
.INQ - mquest case
.08 - year 2008
'A rlonth of January
. 000 1Oft inquest case for year 2008

xv-01 rNv-08L-0r.000
"XV - National Capital Region
'01 - OCP Antipolo
.INV - regular PI or sutrtnrary investigation

96 Revised Manual for Prosecutors i


.08 year 2008
L
. 01000 ,0006 Pl/summary investigation case
for vear 2008

oXVI-INV

regular PI or suurmary investigation

'L
. 03000

d. Dcsignation

Rcvised I'cnal Code, tbe


captiQn shall set tlrc dcnonination of the ollbnsc and the specific
article and paragraplr of thc stahlte violated.

\Vhere there s another charge or countercharge in the same case hav-


ing one case numler or in case;fa consolidated i'csolution involving
two or more crininal cases with two or mol'c docket numbers, the caption
sLall also conrain laid in fomarion.
;

e. Contents of the Body of the Resolution

Ln gcneral, thc body of resolution should contain:

l. a briel'sunrr:raiy of thc firuts of thc casc;


I

2. a concisc statcmcnt of llre issues involved;

3. applicable lara's and jurisprudence; and

4. the findings, inr:luding an enumemtion of all the documentary evidence


submitted by ihe parlies and recommendations of the investigating
prosecutor. I

All matenal details that should be found in the infomalion prepared


by the Investigatin! Prosecutor shall be stated in ilrc resolution.

nualfor Prosecutors 97
of witnesses and documsntary and physical evidence. The
affidavits shall be numbered in the order of the oresentation of the
tion witnesses as disclosed in the list of witnesses appearing
in the As for the documentary evidence, they shall be
alphabqtically marked as they would be marked during the pre-trial
and nial stages ofthe case.

Part 2 shall contain the version of comolainant oI tlre rncident- The


ltion ofthe cornolainant's case snoulo De concrse ano snau.not
:red.*.ith details that are not necessary to show the elements of'
tne oncnse.

Part 3 allege the lespondent's version ofthe incident. This must


also bc cise.

Part 4

and Initials of Investigating Prosecutor

shall

98 R evised Ma nua I for P


4. Period to Conduct tlrc Prelinrinary lnvestigation
I

The prelirninary irrvestigation of conrplaints shall be tcrminated and re-


solved withiu a period of sixty (60) days from thc date of assignment to the
irivesrigating prosecutbr, with a maximur: of two (2) l5-day extensions in the
: -' i
IOllowns cases:

d.
5.
f.

K. TILA.NSMTTTAL
INT'ORMATION
THE CASE

.Manual for Pro5ecutors. 99


'No.
50, s- 2000 found in Appendix "E" on p.

if the charge is bailable.


!^

invcstilating proseclltor shall certify under oath that he or shil


ly the rpcord, as an authorized officer, had pcrsor,ally examined
nant and his wituesses; lhat there is reasonable groulld to believel
has been committed and that tlle accused is pr;bably guilty theij
accu.scd vi/as infomred of tlre complaint and of the evidence submii
hirn arrpl that hc was givcn an opPollLlnity to strtrmit cotttlovorf
e; and ilrat hc is filing thc Inlbinratiorr lvith tho priot autlrolity;i
.l ol'thc Chie I Sta tc/Provjniial/L--ity Prdseclrtor concemed (Sec. 4,'
I t 2, ,rultru.). fttleusc rcf'er to Santltle lttlit rnttl itt rt Fornzat onpp. t
129 i,s A,firrtunl)

of a Certification

lf tlrc prelirninary investigation '*'as actually conducted

100 Revised Manual for P


, Recommended Bail; !.Iow Wriffen

Tire bail recommended in thc resolution shall be stated in the Iufomratio4


written in words and figtres, and illitialed by the invcstigating prosecutor.

94054-57; Fernandez lv. Felix, 194


94 SCRI 292il9911; Allado v. Diokno, 232
scM re2 []ee4l).

4.. Confidentiality of

. All resolutions preiared by ah irivestigating prosecuior after preliminary


investigation, whether his recommendation be for the fi1ilg ol dismissal of
the case. shall be held in strict cotfidence and shall not be made klown to the
parties, their counsel aird/or to auy unauthorized person until the same shall
bave been finally acted upon by the Chief State/Regional State/Plovincial/
City Prosecutor or his [uly aut]rorized assistant and approved for promulga-
tion and re.lease Lo the partjes.

. Aiy violation of tl{e foregoing shall subject the investigating prosecutor


or the employee of the oflicc concemed to severe disc.ipltnary action.

. ACTION OF THE CHIEF STATEiRNGIONAL STATE/ PROVINCIAL OR


CITY PROSECUTOR OT..{ TIIII RECOMMENDATORY R-ESOLUTION
I

, The Chicf State/Regiorinl StateiProvincinl or City Prosecutor coucerned shall


acl on all resolutioris witliitr a poriod o1'thirty (30) clays lioLn rcccipl tlrereof,
extendible for anothcr- llrir-f y (30) rlays in cases irrvolving cornplex issues and/or
heavy workload o1'tle hcaU o1'oJ'lice, liy cither:

1. approvitg tlre resoluti<.rl and dircctiog the transmittal olia copy thereofto the
patlres; or,

.1
2. disapploving the tesolirLion and leLuming the samc to the invcstigating pros-
ecutor for further appr'gpriate action; or

3. reversing the recomrnendation of the investigating lrroseculor, in which case,


the Chief State/Regional State/Pr-ovincial or City Proseculor

Manual for Prosecuto rs l0I


filc colrcsponcling In.for.rnnlion in court (cxcept the Regioual State
of

strrlc prosccutoL ot assistant prosocutor, as the case may

M. REO

ti on the

01'a
and/or
l;+,
I
\:::,, d
or City secutor concerned. The prelirtinary investigaiion shall be
the following conditions;
l

IS

is

3. the
for

No

N. PROI

, The
a copy

1.
OT

'102
R eviied Manual for Prosecutors
FILING OF THE INFORMATION II{ COLTRT; RULES TO FOLLOW

by a prosccirtor shall
;,^
I I Z. ,lur)rd. L

AC.[]ION ON A MOTION iIIOR ITECONSIDERA.TION


:
:l
A rrotion for reconsideraiion filed within fiftccn (l 5) days fionr receipt of the
: resolution shall be acted upofr within thirty (30) days from receipL of the motion
i., by the assignid prosecutor. Tlie motibn must be verifipd and .accompanied by
1

prcof:of service to the opplsing parry. It must state clearly and distinctly the
Oo*O* relied upon in suppdrt of the rnotion.
,,
in court, the Chief State/
to the urotion for reconsid-
led a rirotion with tlre court
has granted such motion to
suspcnd proceedings-

The Office of the Chief Slate/Provincia]City Prosecr.rtor shall resolve the mo-
tion for reconsideration withln the period fixed by the court.

, Ouce the motion for reconsideration has bcen resolved, a motion should be
' filed in court by the Chief State/Provincial/City Prosecutor or his,/her authorized
assistanl, attaching thereto tJre resolulion on the motion for reconsideration, iu-
fonning.the court of the actibn taken thereon and asking it either to proceed with
the case, or withdmw the Information or cause such other mcasures to be donc as
nray be wan-arrted. :

Q, ACTION ONAREDIVESTIGATION

Before the filing of an inibrmation'in court, a motion for leirrvestigation of the


. case nray be filed with rhc Ciricf Srate/Regional Statc/CityifrovinciaI Prosecutor,

. plgvided that i.r'hen fte case has been appealed to the Secretary ofJustice or the
Reglonal State Prosecutoi, sircir motion may be filed with tlre said offices.
' I

After thc trial courl has acquiled _julisdiction over the casc, ilny rnotio:r for
reinvcstigatiorr shall bc addressed to thc court and not to thc pubtic prosccutor.or
Secqetary ol'.lLrstice. It is lhi: tlial.lLrdgc wlro has solc aLrthor.ity kr grant or deny
the nrotion lbr reitrvcstigario l (Crc.rpo v. Alugul, l5l SCRA 469: l/ela,,;tlucz v.
Tuquero, 182 SCRA 388),

lvla n ua I Ior ProSecutorS 103


is pr6per only if the accused's substantial rights would be
impaired Jr v. Garchitorena, j21 SCR4 551).

1.

ting proseculor shall concluct the ptoceedings with


escrllled in ttle
ed 1n coun order. 'Ihe
the courl The revlew
review and approval r,

r aftcr reinvestigation shall also be done witlin the pelit


the ordei'. After promulgation of the resolution, the bff,i
inmediately take appropriale action to either amend
Information or proceed 'n ith the h-ial, as the case may be.

lo an Older' or Dir-ective lronr thc Regional State Prosecutor


Sccrolalv ol'Jrrstice

oi1 for review of ihe resolution of the Chief

104 Revised Manual for Prosecuto


R.E LE VANT JURIS PRU DENCE

1. fte qualification oftbe crime but by the evidence


The prosecutor is not borind by
presented during the preliminary investigation (OrEtinaza v. People, G. R. No.
I65 596, November 17,2005).

7. If, aft.er prelirninary invejstigation, a case is filed jn the Court of Fir.st Instalce
(now the Regional Trjal lCourr), tlle proscculor cannot file another Jnfonnariolr
charging a different oflbn'sc bascd oir the sanre preliminary investigalion. He must
conduct another preliniinary investigation (Luciano v. Mariano, et. al., 40.SCM
I87)

3. A new prcliminary invcstigarion is no[, howevcf, neccssary affcr Llrc alneudlnent


of the Informatior, whcie thelc has bccn no chuugb in the nalr:re of the crime
charged which is rcbellioh, and nrorcover, Iretitioucl', wlro was alrcacly in custody
when tlrc amendcd lnJirrhration w0s Rlcd, should havc asked, bet dirt not, for.a
'r e-investigation of saicl cnse within tlre pcriod o{'iivo (5).r'lnys fronr tlre time
he
leamed ol'the amendctl lrrlbrnrution (Luvtr t. Gonzolel, 1l SCIIA 650 []9641.

4. A new preliminaiy i is not called for wlrcn the court orders the filins
ofthe coffect involving a cognate offense, such as unfair competition
to infringernent of (Sy Lint tt. CA. I l3 SC/.i, J34),

5. Wlrere only a founal was involved - such as fiustrated murder to


consurnmated murder where the death of the victim superveled, a preliminary
investigation is unnecessary and cannot be demanded by the accused (Teehankee,
Ji'. v. Madayag, 207. t 34).

It is a fundarlental plc that ulrerr otl its I ce, rhc Infornration is null and
void for lack of o fi1c Llre sanrc, it carruof bc crrlcd rrol rcsurrcctcd by ln
investigation nrust be undertaken and thereaf-
teq based on the evidence adduced, a new Information should be filed, (Cruz, Sr.,
v. Sandiganbayan, 194 SQRA a7l.

t.
Substantial adherence: tolI'the requirements of the law governing the conduct of
preliminary investigatioqs, including substantial compliance wjth the tiure limita-
tion prescribcd by fhe larfv for the resolution ofthe case by the prosscutor, is part
ofthe proccdural due process coustil ulionally guaranteed by the filndarnental law.
A delay ofclose to rlree (3) years cannot be deemed reasonable orjustifiable in
the light of tlre circumstahce obtaining in the case (Tatqd v Sandiganbayan, 159
)LIIA / U/,

The principle is not, howpver, applicable where the delay in tbe terminalion of the
pleliminary investigation]cannot be imputed solcly to the prosecution but because
of incidents wirich are to the accuscd and his counsel (Gonzales y.

Manualfor Prosecutors r05


199 SCRA 298; Defensor-Santiagb v. Garchitorcna, 228 SCM
214),

9. In Dee (November 2l. 1994, 56 SCAD 684, 238 SCM 254),


the ated its pronouncement in Crespo vs. Mogul (15 I SCM
462). of Justice, as far as practicdble, should reftairi ftom el-
petiti for review or aoneal fiom the action of the prosecutor when
the Con .int or has been fiied in cout1. The matter should be left
entirely the dt i of the,Court.

'to6 Revised Manual for Pro


TEMPLATES & SAMPLE FORMS
USED IN THE CONDUCT OF THE
PRELIMI NA RY INVESTIGATIONS

107
!
I

o. 01, s.2008

Republic of the Philippines


Depaltment ofJusticc
Nstional Prosecution Scrvice

DATE RECEIVED :
I (st amp ed and initialed) : Assigned to:
Time Received: Date Assigted:
Receiving Staf:

To

- COMPL,IINANT/S:
Addtess

WITNESS/ES: Nnrne & Addrcss

DATE & TIME of I'LACII of COMMISSION;

filcd errv otlrer nf6ce? * YF.S NO


ofa -charge?* \TS ___.,._ NO'
If yes, indicate delails
3. -'..
ls ttlls conlplal rolaleo anothcr before this o{fice?* YES NO

LS. No.:
11and1ing Prosecutor:

108 Revis ed Manual for


CERTIFICATION*
I CERTIFY, under oath, that all the infonnation on this sheet are true and
correct to tlre best ofrry
lge ar:d belief, thatI have not commenced any action or filed aiy claim involving the same issles
court,-uibunal, or quasi-judicial agency, and that if I slrould thelafter
learn that a similar action
n fiied and,/or is pe'ding, I sha report that fact to ihis Honorabre
offrce rvitrri'five (5) days fiom
drereof.

(Signature over priuled lane)

AND SWORN TO b'efore tre this _day of 20 _, in

Prosecutor Administering Oath

3 and Cerlification need not be accornplished for inquest cases

Manual for Prosecutors


109
NPS Investigation Form o.02, 2008

lic of the Philippines


Departrnent oi Justice
ALPROSECUTION SERVICE

I.S. No.
For:

Respou

RESOLUTION

complaint for fi led by


respondent

Section 3(b),
investigating officer -
investigation or issue a

In tliis

[The investi, nta1, choose any of the redsoi\ Jbr dismissing


plaintl

L ] the ged in tbe cornli.laint was commifled oLrtsidc Lhe territorial jurisdic-
tion of ce; (tjn c I cxplanatlon,

(_) at the f thc {iling of the bomplaint, thc oflense chargcd thelein hacl
Bricf cxplanatitrrr)

( I the comp is not autborized under the provisions oipcrtinett laws to file t
com]) ex!lanation)

110 Revised Ma nual for Pro


'' WHER-EFORE, the undersigned investigating prosecutor respectfully recomme'ds
e above-entitled cornplaint be DISMISSED.

(place), (date).

INVESTIGATiNG PROSECUTOR
APPROVED;

(Hdad of Office)
Fumished:

Al1 Parties and./or their counsel

Manual for Prosecutors.


ttl

I
NPS INV Form No, 03,

Itepublic of the PhiliPPines


Department of Justice
PROSECUTION SERVICE

I.S. No.
Fot':

ENATO COMPLAINANT
(optioual birt not necessary)

GMETINGS:

Under and by
appear before me at

errtttt"d C"*pl""tt t" t*


WITNESS MY
Philippines.
INV Form No. 04, s.2008

Republic of the Philippines


Depadrnent of Justice
NAIIONAL PROSECUTION SER\TCE

I.S. No.
-velsus- For:

Resporrdent/

ENATO RESPONDENT/S

You
I

MY HAND day of 200 at


Philippines.

iNVESTIGATING PROSECUTOR

Il4an u al for Prosecutors 113


NPS INV Form No.
l
I

lic ofthe Philippines


Departrnent of J ustice
l
NATIO ALPROSECUTION SERVICE

I.S, No.
For:

ENATO RESPONDENT
the conrplaint and othet supporting evidence)

TO:

GREETINGS:

In cornection the
me by law, you are h directed
the cornplaint,

Cr You or your DY

complainant on the

You are
consideled as a waiver
anid otler docurnents,

INVESTIGATING PR

114 Revised Manual for P.


INVForm No.06, s,2008

PROSECUTION SERVICE

I. S. No.
For:

INVEST] GATING PROSECLTTOR

:1
I

Manualfor Prosecutors 115


!
NPS INV Form No. s.2008
iRepublic of the Philippines
I
DenartrnentofJusticc
NAIIONAL PROSECUTION SERV'ICE

lainant/s,

-vetsus-

FOR CLARIFICATORY HEARI}IG


i@' TO: (CornplainanVs

TO: (RespondenVs

TO: (Witness)

GREETINGS:

Pursuart to e), llule of the Revised Rules on Crirninal Procedure. andbv vi


:
of the authority vested by you are hereby required to appear before me at
j ,ran /-- r^-l
on 200_ at _ ^- a.m./p.m., for 1l
conduct of clarificatory nlng 'e qnly thc undersigned can ask questions. You are herel
infomed of your right by counsel in the said hearing. Ifyou so desire, you mi
submit written.our that rnay be asked of the party/ies and/or

tI5
I.S. No.
For':

Courplainant,
I.S. No.
- vefsLls For:

CITYPROV]NC]AL/CHIEF STAIE PROSECUTOR

1'17
(Date)

REGIONALORD NO.
I
i
l
GN N OF PERSONNEL
I

nd pttrsuanl to existirrg laws, rules and regulations, arrd by


of ths _ , which is .

ICUTOR i ASST. PROVINCIALPROSECUTOR/ STATE

* _ oI the umce
of tne Office oI the Llty/frovmclal
of tne CitylProvincial
desi gnated as Acting City/Pror.incial.Prosecutor

the evidence, to file the

This Order shall


sLrperseded.

Copy fliinished:

All Concerned.

1lB Revised Manual for Prosecutors..


Resolution

Republic of the Philippirres


I Department of Justice
NATIO}|IAL PROSECUTION SERVICE

- versus - ;I.S.
iior:
No.

RESOLUTION

: This resolves the above-entiiled complaint for violation of Sec. 19(tr), paragraphs (1) and
oi 1(A 8239, otherwise known as the "Philippine PassportAct of 1996", fildd by tlie Departurent
Affair5 against a.k.a. .

Record shows that on .,+prit 4t 20A'.' , respondent


mittee Against fassporl Irregulfrilies (ICP!
.....-..Secretariat and voluntarily sunendered Passport
. MM86d51 una rilit oosotluJtn ir*,r"a io Haanila and in ttre n ofL.ka.o.r is,A.prlii'o0+
07 May 200i, respectively. Tfe photogrpph attached to both passports^o" indubitably belongs
:spondent In herl affidavit of explanatiou subtritted to the DFA, reSpondent
itt"d huuiog bought th" birth c{rtificate oi one^o.k.o. soniewhere in Libertad, f usuy,^C;1y 1s,
nn nn sometirne
1,000.00, ^^*^+:.-^ i- annl oL^
in 2001. She, }L^--
rhen, --.^r..^
wenr ro -1-^
lhe DFA to apply lor a passport using the said
th ccrtificate, pursuant to which she was issued a passport in the name of a.k.a... She did so ur
rth
ler fol her to be able to again wolk il Taiv'arL after her ernployment contract in the said country
l expfr.edin 1999. Using the said passport, she got employed in Taiwan in 2001 and finished
said conlract in 2004. SItc was hired by another cornpany in Taiwan in 2004, which contract
finished in March this year. Meanwhile, she mct a Taiwanese boyfricnd who knew about het
'change of name As they decided to gct rnarried, they applied for legal capacity fronr the Taipei
'Dconomic and Cultural Oflice (TECO). In tlie course thereof, sbc I'as asl<ed to get a clearance
frorn thc DFA regard ing her cLange.of uanrc,

. Bevised Manualfor P ro5ec ut o rr 1tq


passports in going to
also revealed the fo
in Cebu City, to wit:

: 88846749
ll Januar] lY9 /i Manlla
: VVO166339
30 Apdl,2007,Manila

10 sDostanLlate clairn, cdmplainant submitted the application record of Passport No


rv.llvldou4Jl ano v vu_t 39, as weil as the photopage and pertinent pages of Passporl No
HHl60901 aud 1 showing the visas and Bureau of Immigration departure and arriv

Finally, courp that based on the application records of


MM860451andW0 9,itc appearsithat the photographs ofa.f,-.d. and_
belong to one and the pefson. Hence, 1lris complaint.

. In exculpalion,
RA 8239 as she did
HH160901. The fact
thored any kind of falsi
of P8,000.00, who also ned her that she would be able to leave for and wor* in Tairvan for the
secono lllne. lbe sald *orrr* ]"fir"r" who was only known to her as "Manay" might have,
"""'."^t"""
confederated \ /ith some A emplciyees since affcr only five (5) days, she gave her the pa5sport:
bearing the narne a.fr.a.

She was to use thg subject passports in going to Taiwalr out ofsheer necessity.as
she was renderedjobl ter her erjrplolment contract in Taiwa[ had expired. Returning to work'
as a factory worker in T rnwas tht only means for hel to irnprovd her family's living conditions,
she being the sole nnei. Thbn, she, met a Taiwanese boyfrieud who expressed interest to l

many her- Together, vent to thl TECO to secure legal capacity to narry, whereupon she was
tcld to clear with the D the mattel ofher having used the subject passports in the name of a.ka
At the DFA, she vo y suffendered the subject passpofts and prepared a written explanation
on how they were as adviseg by complainant. She did so in all honesff and good faith,
hoping that it would sol, problem. She nbver expected that her having sought the help of the
DFA would result in her charged crininally.

ny criminal intelt,iiurploriug the kind understanding of authorities, as


by
uJ u[uurllbLdrlsgs
circunrslances beyond usr (;ullllur,
u('yurrl] her control,:like
lrl(E the ofjob ulJPUtruurLlgs
lack ulJiJU
Llrl; rdun opportunities
rhat cven the Suprcruc Coult in lllc case ofPcoplc velsus Liblero, GR
No. 132311, September , 2000, ::ecognizei the difficult times we are il and realizes that hopes
for a better fliture for me Filipinos lic jrr ovelscas crnployrrrcnl.

120 Revised Manual for Prosecutors


We now resolve,

Auached to the record are copies of the application records of Passport No. MMB6045l
narne of a.A-.a, and Passnort No. VV0166339 in the name of respondent
. both
photographs belonging to one and the same person. It is not disputed that the photograph
to both passport applicalions belongs to respondent. By attaching her: photogr aph to the
application, thereby making it appear that she is a.k.a, the persou named in Passport
51, respondent lras assumed the identity of a.k.a in the said passporl application, in
ofSec. 19(b)(1) ofR-A 8239.

Sec. 19(b)(1) of RA 8239 pera)izes a y person who wiilfr-rlly and ktowingly'hakes


any
statemeDt in any application for passport with thc inlont to induce or sccure the issuance of
under thc authoritl' of tlic Philippine Govemlnent, cither for his own use or the use ol
xx x". Given the above factual backdrop, there is lo gailsaying that respondent iras
a false statement or misrepresentation in the application for Passport No. MN{860451
stated ther:ein tLat sl.re is a.fr- a, bom in I\4arikina on February 21, 1 97 8 when, in trnth and
she is not.

Respondent's claim of good faith and lack of crirniral intent is unavailing i the instant
Firstlt,RA 8239 is a special law whicl.r does not requite critninal intenL; thc oflense being
prohibitum and the mere comrnission of the prohibited act is punishable. Moreover, being
prohibitunt, good faith is not a valid defense. Secondly, evidence adduced shou's that
issport No. MM860451 is a rencwal of Passport No, HH160901. Thus, it appeals that respondenl
assunred. the identiw of a.k.a nat only once but tu.ioe. in 2001 ald 2004, which is anathena
any clainr of good faith and/o:: lack of clirrinal intent. Thi.rdl1,, record shows that the respectjve
plications fol Passport Nos. FIHl60901 and MN4860451 wetc persoually filed by lespondelt
Necessarily, respondent r.l'ho posed Lo be a.lt.a pcrsonally appeared and plocessed the
passport applications. She has, therefore, l<rowingly parlicipated in the comnission ofthe
ited act, Even assumilg gralla argltnxenti thal somebody else has instigated the commission
plohibited act, respondent is still criminally liable for her own acts. In fact, she klowingly
to the scheme allegedly proposed by a fixel nanred "Manay", elren paying the latter a
a lount.

I IIowever, considering that the application record ofPassport No. HI1160901 had already
disposed of, respondent could no longer be prosecuted for assumptiou ofidentity in relation
rthe said passport for lack of docmnenlary evidence to prove the violation. As legards Passport
MM860451 which is amply supported by the passpofi applicatior.r record, probable cause
against respondent for violation of Scc. I 9(b)( 1) of RA 823 9.

Evidencr: adduced lilcewise sufficiently shows that after securing Passport No- MM860451
violation of Sec. 19(b)(1) of fuA. 8239, respondent used the said passporl on three (3) separate
to wit: (1) on October 7, 2004 wlren she applied for a visa to Taipei at the TECO; (2)
October 13,2004 q,hen she lefi the Philippines lor Taipei; and (3) ou March 27, 2007 rvherr slre
in and enlered the Philippiires from Taipei. All these acLs fall under the second paragraph
rfSec. 19(b), RA 823 9, which penalizcs any use or altenlpt to usc a passpolt fhat has been sccured
and issued by rneans of any falsc statemeni. Again, inasmuch as RA 8239 is nmlttnt prohibitunt,

Manual for Prosecutors l Zl


thb offender is criminally for every single violation ofthe law. In this case, respondent is
liable for three (3) counts o ion ofSec. 19(bX2) ofRA8239.

While we agree that migrant workers have greatly contributed to our economy, that
abetier future for Filipinos I overseas employment, we cannot bargiain an'ay faithful observance
ofour laws and legal in the name of economic prosperify. Trite as it may sound, ours is a
govemment of laws ancl not For govemment stability and good govemance, our laws must
be fully elforced, especi relating to the issuance and use of Philippine passporls 'a'hich
cany the seal of our Repub
to pass safely and freely.
representation of our gor
be dealt with severely.

WHEREFORE,
approval of this resolution, attached informations for violation of Sec. I 9(b) of RA 8239, one
(1) count under paragraph

City of Manila,

Investigatin g Prosecutor

MMENDINGAPPROVAL:

APPROVED:

Furnished:

AFFAIRS

Secretariat, Inter-Agency
Against Passport Ir (ICPI)
DEPARTMENT OF-FO AFFAIRS
Roxas Blvd., Pasay City

Respondent
(Address)

122 Revised Manualfor Pro


e Infornration I
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch Pasay City
--,
of the Philippines,
Plaintiff,
CRJM. CASp NO.
(1.S. No.
- versus - For: Violation of Sec. 19(b)(1)
of R4.8239

a.k-a.
-At-Lar.ge-
address),
Accused,

INFORX{ATION
The undersigned state/Assistant Provi'cial/Assistant citv Prosecutor'. herebv accnscs
a.k.a with violation of Sec. 19(b), palagr aph l, of RA
9, otherwise known as "The Philippine Passport Act of 1996", committed as follows:
-_=*-
Thal on April 19,2004 or rlreleabout, at thc Department of Foreign Affairs,
Roxas Blvd., Pasay Cib', Metro Manila, and within the jurisdiction of this Honorable
Court, the above-named accused did then and there klowingly. unlawfully and
cnrnilally make a fa.lse statemcnt in the application for Passport No. MM860451,
by stating thereil that she is a.k.a., bom on February 21, 1978 in Marikina, and
attaching her own photograph to the said passpod application, tliereby assuuring
the identity of the said a.k.a.,with the intent to induce or secure the issuance of a
passpofi uncler the autholity of 1l-re Philippine Govermlelt, as she has in fact seclred
the issuance of Passport No. MM860451 for her own use and bcncfit, in violation of
RA 8239 as well as ihe niles and regulations pr.escribed in ::elation thereto.

CONTRIRY I'O LAW.

City of Manila for Pasay City, December- ?, 2007,

lnvestigating Plosccutor

cot|tit|Led, next paqe >

Manual for Prosecutors 123


CERTIFICATION

I HEREBY that I have conducted a preliminary investigation in fhis case in


accordance with law; complainant was personally examined and that on the basis of the
swom-statements and evidence presented, tbere is reasonable ground to belidve tlrat the
crime charged has been ed and that the accused is probably guilty thereof; that the accuseil
and ofthe evidence presented against her and was given the op-
ing evidence. I further certiS that the filing of this Infonnation is
o f tlie Chief StateProvinciaVCity Prosecutor.

December 7, 2007

Investigating Prosecutor

F;.:,
\]i',:1
STIBSCRIBED SWORN to before rrle or this
in tlre City of Manila, Philippines.

c/o Secretariat, Inter- Committee


Against Passport
Deparhlent of Foreign I
Roxas Blr,d,, Pasay City

2. THERECORDS
(or his duly authorized
Consular Records Di'i'i
Deparlment of Foreign
Roxas Blvd., Pasay. Cify
(To bring application and supporting documents of Passport No. MMB6045 I in the
narne of a.ft.a. and No. W0166339 in the name of )

3. ANDOTHERS

BAILRECOMMEND : THIRTY THOUSAND (P30,000,00) PESOS

Enclosures:

Approved Resolution December 7, 2007


Complaint-Affidavit of with aflacllnents
Counter-alidavit of dated Septernber 11 ,2007

124 Revised Manualfor Pro


e Infornration 2
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch _, Pasay City

of the Philippines,
Plaintiff,
CRIM. CASE NO.
- vet'sus - (LS. No.
For: Violation of Sec. 19@)(2)
of RA 8239

a.k.a.
-At-Large-
)
Accused.
x

INFORMATION
Thc undersigned State/Assistant Pr ovinciai,Assistanl Citv Prosecutor. hercbv accuses
a.k.a with violation of Sec. I 9(b), paragraph 2, of RA 8239, olheru,ise known
Philippine PassportAcl of 1996", committed as follows: .

That on October 13,2004 or thereabout, in Pasay City, Mctro Manila, and


within the jurisdiction ofthis IJonorable Court, the above-narned accused did then
ud rhele kLrowirrgly, u:rlawfully arrd crinrirraliy use or-attelrpt to r-rse, in her de-
parture to Taipei, Passporl No. MM860451 in the name of a.k a, borrr on February
21,1918 in Marilcina, which passport was secured by the said accused by urear.rs of
false statements in tlre application for passpofi. in violation of RA 8239 as well as
llie rulcs and regulations prescribed in relation thet'eto.

CONTRARY TO LAW.

' City of Ma;rila for Pasay City, December 7, 2007,

Investigating Prosecutor

.onlinled, ext page >

anualfor Prosecutors
CERTIFICATION

I I{EREBY ( that I have conducted a preJiminary investigation in this c


accoidance with law; that complainant was personally examined and:that on the basis'
swom-qtatements and evidence presented, tlere is reasonable ground to believe
criine charged has been itted ald that the accused is probably guilty thereof; that the a
was informed of the cr and of tle evidence presented against her and was
portudty to submit evidence. I further certifii that the filing of this
u'ith the priol authority ll of the Chief StateDrovincial/Citv Prosecutor-

City of Manila,

Investigating Prosecirtor

SUBSCRIBED SWORN to before me oir this


in the City of Manila, Philippines.

WITNESSES:

t.
c/o Secl'etariat, Inter- Comnr.iftae
Against Passporl J

Departrnent of Foteign
Roxas Blvd., Pasay City

2, THERECORDS
(or his duly authodzed
Consular Records
Departrnent of Foreign
Roxas Blvd., Pai?y Ciry
(Io Dflng appllcatlon re and supporting docutnents of Passport No MM86045l in the
name of a./c.a and Passl VV0166339 in thc name of )

'TIIIRTY THOUSAND (P30,000.00) PESos

Enclosules:
Approved Resolution
,Complaint-Affi.davit of
Counter-affidavit of dated September 11, 2007

126 Revised Manual for


Information 3

Republic of the Philippines


RTGIONAL TRLA.L COURT
National Capital Judicial Region
Branch , Pasay City

Plaintiff,

CRIM. CASENO,
- versus - (I.S. No
For: Violation of Sec. 19(b)(2)
of RA 8239

-At-Large-
D,
Accuscd,

TNFORMATIOh*

The undersig'ed state/Assistant ProvinciauAssistant citl prosecutor, lrereby accuses


, of_."_RA; ;;_ _. , - _ _!.k !. .___: _ with violalion of Sec. 19(b),
2, 8239, otherv,ise krlown as "The philippine passport Act of 1996,:. coinrnltJ

Thal on Malch 27, 2007 or thereabout, in pasay City, MeLro J\4anila, and
within the jurisdiction of this ilolorable cou't, thc above-nametl accused did lhen
and there klowingly, unlawfully and criminally use or attenpt to use, in lrer arival
in, and e'try to, thc Philippi'es from Taipci, passport No. I4Mg6045l in the name
o! a.k.a., born on February 2l,l97B in Mar.ikina, which passport was sccured by
the said acc.sed by means of false staternents in the uppli"uiion for passpor.t, i'
violation of RA 8239 as well as the rules and regulations prescribed in relation
thereto.

CONTR{RY TO LAW,

City of Manila for Pasay Cilv, December j , 200./ .

Investigating Prosecutor
co11lit1lled, neril page >

r-rualfor Prosecutors
127
CERTIFICATION

I HEREBY that I have conducted a preliminary investigation in this case


acccirdance with law; complainant was personally examiued and that on the basis of
swom-staterrents and evidence presented, there is reasonable ground to believe that
crime charged has been ritted and that the accused is probably guilry lhereof; tbal the accl
was infoirned of the t and of the evidence presented against her and was given 1tre c
portulity to submit ing evidence. I further ceniry that the filing of this Infomration
with the prior authodty approvril of the' Chief Siate/ProvinciaVCity Prosecutor.

City of Manila, P December 7,20O7

Investigating Prosecutor

SWORN to before me on this


in the City of Manila, Philippines.

c/o Secretariat, Inter- Committee


Against Passporl
Department of Foreign
Roxas Blvd., Pasay City

2. THE RECORDS ( DIAN


(or his duly authorized
Consular Records Divisi
fi Department of Foreign
Roxas Blvd., Pasay City
(To bdng application r. ; and supporting documents of PasspbdNo. Mlr'I860451 ir the
name of a.ka. ard Pas No. W0166339 irr the name of )

3. AND OTHERS

',
. BAILRT,COMMEND : TIIIRTY TIIOUSAND iP30,000.00) PESOS

.trnclosures:
'.dpproved
Resolution December 7, 2007
ComplainfAffidavit of with attachments
Countsr-affidavit of dated September 11, 2O07

128 Revised Manualfor Pro


Information 4
Republic of the Philippines
R,EGIONALTRIALCOURT
Nalional Capitai Judicial Region
Branch _, N{akati Ci5,

Plaintift
CRIM. CASE NO.
- versus - (I.S. No.
For: \/iolation of Sec. 19(b)(2)
ofRA 8239

a.k.a.
-At-Large-

Accused.

INFORMATION

Thc under':igned State/Assislant Provincial Assistant City Prosecutor, hereby accuses _


a.k.a. with violation of Sec. 19(b),
2, oIR{ 8239. otherwise kno*r as "Thc Philippine Passporl Act of 1996", commined
liows:

That on October'1,2004, or thereabout, in Maltati City, Metro Manila, and


rvithin the jurisdiction of this Honorable Coun, the above-named accused did then
a1ld there kuowingly, unlawfully and criminally use or attentpt to use Pzrssport No.
MM860451 il the narre of a. [-.a., bom on February 21, 1978 in Marilana, in her ap-
plication for visa to Taipei, which Passport No. MMB6045 t Was secured by thc said
accused by ureans offalse statements in the application for passporl, in violation of
RA 8239 as well as 1he rules and regulation.s prescribed in rclation thereto,

CONTRARYTO LA\V,

City of Manila for Pasay Cif. Deceniber ?, 2007,

Investigating Pr'osecutor

canli 1rcd, nut Foge >

ed N4anu al for Proseculors 17Cl


CERTIFICATION

I HEREBY

swom-staternents and
clirire charged has been
was informed of tlie cc
portunity to submit ,

with the prior authorib/ of the Chief State/Provincial/City Prosecutor.

City of Manila, Decerubcr' 7, 2007

Investi gating Prosccutor


\i;i'
SWORN to before me on this
in the City of Manila, Philippirres.

WITNESSES:
1

c/o Secretariat, Inter-


Against Passport'J
D eparll.rent of Foreign
Roxas Blvd., Pasay City

2. THERTCORDS
(or his duly authorized
Consular Records Divisi
.,,
*-" Department of Foreign I
Roxas Blvd., Pasay City
(To bling application and suppofiing docunerts of Passporl No. MM860451 hthe
name of a.ka. and P o. \'V0166339 in the nanre of
3. AND OTIIERS

BAILRECOMMEND 1'lllRTY THOUSAND (T30,000.00) pESOS

-tlltclosures:

Approved Resolution 1,200'7


ComplainfAffldavit of with attachments
Counter-affidavit of dated Septernber 11, 2007

130 Revised Man u al for Prosecutors


SAMPLE FORMAT "A", s. 2008

Republic of the Philippines


Department of Justice
NATIONAL PROSECUTION SERVICE

Complainant,
I-S. No.
lrelsus - ljor:

ORDER
This treats ofthe motion to suspend proceedings filed by respondent based on the existence
judicial qucstion.

Itt support of tl.re instaut motion, responder.rt clainrs . . ..

Conrplair:ant courrers tha1 .....

The issues liaving beenjoined, u,e now lesolve,

(Brief discussion)

Considerilg the pendency of a civil case which involves facts intimately related to lhose
which tlre inslant cornpJaint for is based, and that in the resolution ofthe issue
raised in the said civil case, the guilt or innocence of the accuscd would necessarily be
ined, undersigned flnds the existcnce ofa prejudicial question, thus, wananting the suspel-
of this prelirninary investigation.

Accordingly, the prclirnitrari investigation in the above-entitled case is hercby


ED,

SO ORDER]ID.

Date.
conti ueal, next page >

M an ual for Prosecutors 131


SAMPLE FORMAT "B", s.2008

CERTIFICATION

I HEREBY CERTIFY that i have personally examined the affrant arid I am fully convinced
that he/she has voluntarily executed his affidavit/swom-statement and undelstood tle contents

Investigating Prosecutor

133
\
tlrEl-----l
t!Jt
tol
tzt
tol
lurl
tltl
Itl
tdl
tuJl
l*l
ffi
/

r-=_l
t. <=
| 3s |

I| Ed
I

"H I

fll +

. *.
>=
<a
Eti
8<
: PREI,IMINARY INVESTIGATION

fsl
ltrt
lol
l-Hl
t{,t ftl
lrct ful
t(r)t
lol lol lol
\"/
f--:t \r-rf
lEg*llEe*l
l=* |
I dF-rc I I dtrcc I

l=*
f\f\
|

_-l r--J t;-t


lllg$ll
tll!l
=l l9El |
I
=ir I

Ii b3
oo |

I| zz.
_i-
I

r" r
I

I lo
I

\w
I I

{ b d
trl Fl , tpl rJ
I;
GEEI* hllftlrd
L:]

Ed
Tril IEII

E cl
rE=Er
1u*?l
E:=l
lfg-l
r,-rl'6"1
lfiqld
=HJ
lEi I
G:_l [r-] Lil
lEd I

kl ;1"
lHl

135
FLOWCHART 3: YINVESTIGATION

f:-l
tgl
lFcl
t-l_l
tsl
IrEl
l-l l'l
+ +
T--l
lr-l Irl
tzt
IUJI
l5l
lzl
t(5l
tEl
tzt
tcl1
I<t
lEl
t<l
lEl
IIEI
lol
ll l'l
+ +
{ifi1 r.-l
t<l
l'l
+
t;-__l
l4z. I

l#.El
IB=BI
l(/)l!ol
lqo
lE
I

+ +
rJ
l<l tJ
turl
L:_l
lvl
tt

h, h,

Revised Man u al for Pl


IT V. ARRAIGNMENTAND PLEA

GENERAL ITULES

A. PRINCIPLES

1. Arraignment, being a mandatory requirement, necessitates the prescnce of the accused


in court who should personally enter his plea a11er the reading of the Infomation in a
language or dialecl understandable to him.

2. Before, during and afler the arraigrunent, the trial prosecutor has well- defined duties to
perfomr.

3. The filiug ofa petition for revietv affects the auaignment ofthe accused in coru1.

B. CONCI,PTS

Arraignrnelt - is the formal rnode and n.rarurer of implementing the coustituiional right
ofthe accused to be infonrred of the nature and cause ofthe accusation against hirn (sec-
I3[2J, 1987 Constitution of the Philippines). Ah anaignnenr is necessary in order to fix
the ideltity ofthe accrsed, to infonl hirn ofthe charge and to give him an opportuniq/ to
plead (14 Ant. Jur, p.939. G.V Jacittto, Ct.ittzinal Procedurel

Plea - is the reply of the accused to the charge. In criminal prosecution, the accused has
to plead to the indictment. which he may do (1) by pleading to the jurisdiction, that is,
alleging that the coun has no jurisdiction to try him; (2) by a demuner.; or (3) by sonre
plea in bar, eitlrer a general plea or a.specific plea (Osborn's Concise Law Dictionary, I5,r
Ed. John Bulrc, p. 254).

PROCEDURE

A. DUTIIIS OF TIIE TRIAL PROSECUTOII

1. Before the Arraignment of the Accused

The t'ial prosecutor shall exarnine the Infor-mation vrs-a-r,is the resolution of tle
investigating prosecutor in ordcr to rrake the necessary corrections or revisions and
to ensul'e that the Infonnation is sufficient in fonn and substance.

He slrall ensure that the private offeuded pafiy appcars at the arraigrment for
purposes ofplea bargaining, determination of civil liability and other nratters r.equir-
ing his presence (Sec I (fl, Rule I I6, Revised Rules on critninal proceclure).

. Republic Act No. 4908, which requires that in criminal cases uihere the com-
plair.rant is about to deparl
finm the Philippines u'ith no definite datc of retum,

Manualfor Prosecutors '137


the should be luraigned without delay and his trial should commence
within (3) days fiora anaignment and that no postpoiement of the initial
hearing be granted except on the ground of illness on the part of tle
accused other grounds beyond the control of the court.

During the gnment, the prosecutor seeks to give the accused the oppofiunity
at the fust i to know why a case has been filed against him. It is the solemn
duty of the trial to be present during the an'aignmeut. IIe must be atten-
tive at all times the arraignment so that he can ensure, among others, that tle
requirenrents arraignment are duly observed, the identity of the accused.is
asceriained and Inlormation being read to the accused is the same Information as
fl1ed.

3. After the

The trial shall prepare his witnesses for trial. Govenrment wilnesses,
e.g. medi fficers, chemists, foreusic experts, exatnilers etc. should, as
much as be presented in accordance with the logical and chronoiogical
sequence'of the aspects to be proved.

B, EFFECTOF G OFAPETITION FOR REVIEW

\Mren an aggri party manifests in coufi that he has a pending petition for review
with the Justice and mbves for a defermenVsuspension ofthe arraignment
peudiog resolution his petition, the 1rial prosecutor may confonn thereto once proofof
said petition has presentcd by the petitioner to his satisfaction.

APPLICABLE R IIN CASES WHERE THE ACCUSED PLEADS GUILTY


TO A LESSER O SE

1. The tr ial 'shall immediately move for the suspension of the proceedings
whenever the manifests his intention in court to plead guilty to a lesser of'
fense, rvhen i. This will euable the trial prosecutor to confer with the private
complafuant the inplications of the offer ofthe plea bargain.

2. The trial may dispense rvith the presentation ofcvidence when the accused
pleads guilty to iser offense which is not a capital offense unless tire court directs
him to do so of determining the penalty to bb imposed.

3. The trial w:ith tlre consent of the offended party, may molu proprio agtee
to the offer of accused to plead guilty to a lesser offense if the penalty impos-
able thelefor is n borreccional (maximul of six [6] years) or less or a fine not
exceeding Php .00.

r38 Revised Manual for Prosecutors


4. When the pdnally imposabie for the offense charged is pnslo n n.nvor (at least
six
[6] years and one [l] day or higher) or a fine exceeding phpl2,000 00, the tfial
prosecutor shall first submit his comment/recommendation to the
Provincial or.City
Prosecutor or to tre chief State prosecutor, as trre case rnay be, for approvar.
Ifthe
recommendation is approved in writing, the trial prosecutor, may, with the
consent
ofllie offended party, agree to a prea of guilty to a Iesser offense. For this purpose,
the ChiefState Prosecutor or the Plovincial or City Prosecutor concerned
shall act cr'
the recomrnendation ofthe trial prosecutor. within forty-eight (4g) lrours
fi.om receipt
thereof- In no case sha the snbject plea to a resser.offe'se be a owed wirhout
the
written approval ofthe above respective heads of office.

5. In all cases, the penalty for the resser oflense to whicrr trre accused may be
arlowed to
plead guilty shali not be more than two (2) degrees lower than the
i'rposabre penahy
for the cri're charged, notwithstanding the p'esence of mitigating cir.u.rt*."r.
The Iesser offe'se sliall also be one that is necessar.ily related to the offense
charged
or tlre offeuse must belong to the same classification or title undel the Revised penal
Code or the relevant special laws (DOJ Cir"alar No. 55, dared 3I July 1990).

D. WTIDN A PLEA OF GUILTY TO A LtrSSER OF'FIN SE ] S NOT ALLO\\/ED


However, the plea of guirly to a resser offense may no1 be arlowed where it so co'r-
h'averes logic and colrlron sense as to be unconscio'able. thereby resulting
in iqus-
tice. Thus, whcr:e the offense charged is ho'ricide, a prea of guilry to a les.*. offJns"
of frustrated or attempted homicide rnay not be allorved, si'ce the fact of death oar.uroL
be leconciled *'ith the plea of guilty to filstrated or attempted homicide.
Homrcide
necessarily produces dcalh, while frustated or attempted homicide does
not (Amatan i,.
Atjero, 248 SCM 5It fj99j]).
i

E. WH.EN ACCUSED PLEADS GLILTY TO A CA?ITAL OI,,FENSE l

\A'herr the accused prearis guriry ro a capiLai


of[e,se. the rrraJ pLosccuror rnust pr.es,
ent evidence to prove the guirt ofthe accused and the p'ccise degree of rris
culpability,
nolwithstandi'g the wai'er made by the accused dru-ing the.pre-hial co'fere'ce.
This is
mandatory.

RELEVAN T JURISPRUDENCE

ln crirninal cases, it is the duty of1he


accused, in addition to the other pleas autlorized
by law. to plcad whether he is guilty or not of the crime chargcd. In trraiway, and
in that
way only, can an issue be created upon ra'hich the t'iar shall p'ocee c), (Gorez vs. c.a.
237
scP.A 68s).

Tbe pe'iod ofsuspe'sion shall'ot exceed sixty (60) days cou'ted


rr-om the filing of the
petition u'ith tlre re'iewing office. (sec. rt, par(c), Rttie 116, Rev.
Rures on ii,rtrot
procedure).Ilowever, tlre courl may still suspend the trial pending
fiuar resolutio'rry the
DOI (Lnnanlaw v. Judge Eduardo peraha,.h, G. .R. l/,:r. -i64953, Febn.uty
)-1, 20i)6).

Manualfor Prosecutors I to
PART VI. P

a process whereby the accusod and tle prosecutors in a criminal cr


the arraignment stage, a naturally satisfactory disposition of,r
a1
rn approval in order to expedite the trial of the case (Black s Lav
, 1979, p.1037)

The
par I, Rule I.

The conference is scheduled afier anaignment aud within thifiy (30)


days from te the court acquires jurisdiction over the person of the accused
unless a period is provided for in special laws or circular-s of the Slrpremc
Court, order a ial conference (Sec. 1, pan 1, Rule Il8, supra.).
{l'i:.-'
The order binds the parties, limits tle trial to matteff ltot disposed ol
controls the : of the action taken during the trial, unless modified by the
to prevent

II. SUBJECT OF A PRE-TRIAL CONFERENCE

The conference shall consider the following:

G;

This process where lbe accused usually pleads guilty to a lesser-offense


or to only or some of tlie counts of a rnulti-count indictment in refurn for a
lighter than that for the graver charge (Black's Law Dictionaryt, 5'h Ed.
1979, p. I
is not allowed under the Dangerous Drugs Act where
le penalty for the offense charged is reclusion perpetua to death.

ONOFFACTS;

to the agrecment of the parties on som facts adrnitted, some iacts


icial notice (Sec. l, Rule 129, npra.), jttdicial admissions (Sec. 2,
), or on matters not otherwise disputed by thern:

rng the presenlation of govermncnt witnesses or evidence


sl]ould ertert every effort to secure tbe admissibility of ccr.
evidence, e.g., medical or death certificate, autopsy repofi,

140 Revised Man ual for Prosecutors


forensic chemislry 1'eport, ballistic report, Philippine Overseas ald Emplolmcnt
Administration (POEA) certification, a ce ification fi-om the Firearm and
Explosive Unit (FEU) ofthe PNP tlat accused was not a licensee of a firearm of
an1, knrd or caliber, and the like, for expediercy of the court proceedings.

The list of ra''itnesses should be qualified by the following statement: "that


othet' witnesses may be presented in the course ofthe triai."

Wrenevel necessar)', the counter-af8davit of the accused which was sub-


mitted durilg the preliminary investigation may be resorted to or availed of to
dernonstrate or establish 1he defense's theory:

C. Ntr{RKING FOR IDENTIFIC,dTION OF E\'IDENCE OF TI{E


PARTIES;

D. WAIVER OF OBJECTIONS TO THE ADMISSIBILITY OF EVIDENCE:

E, MODIFICATION OF ]'tlE ORDER OF TRIAL if the accused admirs


the charge but irrterposes a lawful defense , atrd

F. SUCH OTHER MATTERS u'iil promote a fair and exledrtious trial


as of .

the criminal and civil aspects ofthe case (Sec. ), Rule 118, supra.).

NON-APP]'ARANCE AT THE I'RE-TRTAL CONFFRENCE

The tlial prosecutor shall make sure that he appears at the pre-llial confcrcnce to
avoid being sanctioned by the court. (Sec- 3, Rule 118, supra,)

DUTIES OF T}IE PROSECUTOR AT PRE-TRIAL CONFERENCIS

A, BEFORE THE PRI-TRIAL CONITERENCE

The pr osecutor should lcnow every fact and detait of the case. This can be ac-
complished by inler,;iewing the complainant aud cther witnesses and after a thor-
ough examination of the available documcntaly and other physical evidencc.

The prosecutor should also place importance on the testimony of the expert
u'itness. The knowledge that the prosecutor will gain frorn said witness will help
him delennine the procedures undertakcn in the examination ofa subjcct or thing;
the scientific ol tecbnical tenns applied, and the reason/s in aniving at a certain
cottcltrsiol-

sed l\4a n ua I far Prosecutars 141


PRE-TRIAL PROCESS

The shali bear in mind that in the course of the triaL. anv
entered into during the pre-trial will help him prove his
beyond le doubt and that every act or incident should be proved by
qualified and competent witnesses.

C. AT'TER PRE-TRIAL CONFERENCE

The pfosecutor shall ensure that all agreements or admiss:ions made


entered the pre-trial conference are reduced in writing and signed by
accused counsel and approved by the court.

V. RELEV PRIJDENCE

1. The of the signature of the accused and his counsel, as


required the Rules, renders the Stipulation ofFacts inadmissible in
(Fule v ofAppeals, 162 SCRA 446).

2.A evidence on the basis ofthe evidence exhibited by the accused dlrr
the pre is not sufRcient. His acquittal on the basis thercofis a nullity foL tl1
ofdue s (People v. Judge Santiago, 174 SCRA I43).

142 Revised Manual for Pr


VII. BAIL
CONCEPTS

A. PTJRPOSE OF BAIL

The purpose ofbail is to entitre the accused to provisionar riberty pe'ding tria)
(Bravo, Jr t Botja, 134 SCRA 466 ilgBsJ\.

B. NATT]RE OF THE RIGI{T TO BAIL

The lght to bail is guaranteed by the Constitution. It is the duty ofthe pros_
ecutor to recommend such amount ofbail to the co.rts ofjustice as, in his opinion,
would ensure the appearqnce ofan accused person when so required by the court.
(DOJ Circular No. 6, series of 1981)

C. BASIS O],'BAIL

I The basis for dete'ni'ing bzril is the penalty prescribed by law for tlrc offense
charged and not the pcnalty actually imposed for the accused in view ofthe
attendant circurrrstances- (Bravo v. Botja, utpra.)

Z. To allow bail on the basis of the penalty actually imposed rvould require a
consrderation not oi1ly ofthe evide|ce ofthe commission ofthe crine but also
evidence of tl.re agglavatiug and mitigating circurnstances. Thete would then
be a need for a complete trial, after rvhich the judge would be just about ready
to render a dccision in the case. SLrch pr.ocedure would clefeat the purpose
ol .bail, which is to entitle rhe accused to provisional ljbeffy pending rrial.
(Ibid.)

,D. WIIEN BAILIS rrroT RXeUIRID

Bail shail be r equired of a person crrargecl wirh violalion of a rnunicipal


'ot a light felony and,,,or
or city ordinance, a crirni'al offcnse tlre prescribed penalty
1 for w.hich is lot higher than six (6) montlrs inprisonment and/or. a fine of Two
thousand pesos (P2,000.00), or both, where said pcrson has established to the
satisfactio' of the coud or any other appropriate autho'ily heari'g his case thafhc
ts unable to post tbe required cash or bail bond, except in the following cases:

1. when he is caught conmitting the offense in flagraute;

2' wlren he confesses tb rhe cornnission of trie offe'se unless trre co,fessior
is
latel repudiated by him in a swom statemellt or in open cour.1 as iraviug been
extracted through force or intimidation;

nual for Pr()secutors


i43 l
!

t'
is found to have previously escaped fiom legal confinement,
or jumped bail;

is found to have previously violated t}le provisions of Sec. 2

6036

is found to be a recidivist or a habitual delinquent or has been


rvicted for an offense to wl.rich the law or ordinance atlaches an
penahy or for two or more offense to wbich it attaches a lil

comrnits the offense while on parole or under conditional

accused has previousLy been pardoned by the mLuricipal or c


violations of municipal or city ordinance for at least hro tim
(Sec. R. A, No. 60j6)

No shall also be rcquired when the lau' or the Rules issued by lhe I
Court

person has been in custody for a period equal to ot more than


possible imprisonment of the ofTense charged to. u'hich he may be
tenced, be reieased immediately without prejudice to the
tlie lrial f or the proceedings on appcal. In case tltc tnaxitlum
which rnay be sentenced is destiet'ro, he shall be released aftel'
(30) f preventive imprisonment.

in custody for aperiod equal to or inore than the minimum of


alty prescribed for the offense charged without applicatiou of
Sentence Law or any modiS'ing circumstance, shall be release
(.^ a ol on his ou,n recognizance, at the discretion of the courl (,9ec.
Rule lI
il. DUTIES PROSECUTOR

A. WHEN TS AMATTER OF'RIGHT

is a matter of right, it is the duty of the plosecutor to


Lt of bail to the courts ofjustice as, ir his opinion, wouid ensufe
ofan accused persol when so requited by the court.

't44 Revised Manual for P


The followilg are the instances when bail is a mafter of righr:

1. Before or aftet'conviction by the Metropolitan Trial Court, Municipal Tr.ial


Courl, Municipal Trial Court in Cities or Municipal Crrcuit Trial Court; and
Before conviction by the Rsgional'fiial Court ofan offense not punishabie by
de ath, r'eclusion perpeh:a or life imprisoruuent. (Sec, 4, Rule I I 4, stpra.)

B. WHEN BAIL IS A MATTER OF DISCR-ETION

l. Before conviction, bail is a matler of discretion when the offense chatged is


punishable by dcath, reclusion perpefua or iile imprisonment.

2. Upon conviction by the Regiolal Trial Courl ofan offense not punishable by
death, reclusion perpetua or lile impr-isonment, adr,nission to bail is discre-
tionary. The Regional Tdal Court rrray grant or deny bail depending ou the
exlstence or non-existcnco of any of the circurnstances below:

a. Th+t lic is a recidivist, quasi-recidivist or habitual dclinquent or has com-


mitted tbe crine aggravated by the circumstance of reiteracion;

b. Tliat he has previously escaped frorn legal confinernent, evacled sentence


or violated the conditions of his bail without valid justification;

c. That lre conlnitted the offense while under probation, parole or condi-
tiolal par don;

d. That the circumstanc", of ni, case indicatc lhe probability of flight if


r-eleascd on bail: or

e. That there is undue risk tliat he ntay commit another crirle clur.ilg the
pendency of the appeal.

3 ifupon conviclion, the Regional rrial courl i'rposes the penalty ofimprisonme't
in excess of six (6) years, but not exceedi'g twcnty (20) years, the accused shall
be denied bail or his bail shall be cancellcd, upo'a showing by the prosecution,
with notice to the accused, ofany ofthe foregoing circumstancss.

4. If'one ofthe circumstances e.umcrated above exisls, the granl ofbail becomes
a lnatfel ofright. (Sec. 5, Rule 114; supra.)

C. RIGIIT TO NOTICE. MANDATORY

I-he dufy of the prosecutor 10 recomlLrend bail cntitres bim to a notice every
tirne bail is applied for, even if bail is a matter of ight. (La,,,ides v. CA, GR Ni.
129670, I-eb 1,200())

Manualfor Prosecutors 145


is a matter of discretion, it is the right of the prosecutor to be
fied so present evidence to prove that the evidence of guilt of the
1S I ofsuch notice deprives the Staie of its right to be heard,
maldng bail proceedirrgs void.

D. RI BAILIN INQUEST CASES

A laufr.rlly arresled and detained btlt who has not yet been
cbarged court can seek his prorisional release tlrrough the filing of an
tion for or relsase on recognizance.

bail is a matter of right, the prosecutor shall use the DOJ


as his primary guide in reconrmending bail'

where justice demands leduction ot increase of the amount


asl rd il the Bail Bond Guide, the trial prosecutor shail apply the
sct tr in Subtitle F hcreot pr:ovided, however, that any recommendz
by trial prosecutor for the reduction ot increase 9f *h:,1ToYJ qf
with the prior apprOval of the Chief Statc/ProvinciaVCity

3. Th should be able to iefute, anong others, the following


the lrearing on the application fcr bail:

and crrcumslallcqs ol ule cnme,

and reputarion of the accused;

weiglrt of the evidence against him; .

probability of tlie accused appearing at the trial,

or not the accused is a fugitive from justice

or ot tllc accused is under bond iu other cases'


t70 scP-A 489).

.IN RICOMMENDING TIIEAMOIINT OF BAIL

into considerat'ion the following standards and criteria:

Revised Manual for


financial ability of the respondentr'accused to post bail

nature and circumstances of the offense;

3. penalty for the offense cirarged;

4. age, state ofhealth, charactet and reputation of the respondellt/accused under


deteltion;

5. weight of tlie evidence against the respondent/accused under deteltion;

folfeiture ofother bonds and pendency of othet' cases whcrein the lespondent/
accused under detention is under bond;

7, the fact tlat respondent/accused under detention u,as a fugitive from justice
when apptehended; and

8. other factors affecting ihe probabiliLy of the accused appearing at the trial.
(Sec. 6, Rule Il4, Reyised Rules on Criminal Procedure; DOJ Circular No. 4,
series of 1996).

,'G. RULES IN COMPT]TING TIIII BAIL TO BE RECOMMENDED

To achicve uniformity in the amount of bail to be recomrlended, the follow-


ing rules shall be obscrved:

1. Where tlre penalty is reclusion perpetlta,life imprisonnrent. reclusion per-


pelzta lo death or death, bail is not a matter of right; hence, it shall r.rot he
I
rccolrnrrended.

2. \\'here bail is a matter of right and the imposable penahy is itnprisonment aud'i
or fine, the Lail sba)l be computed on the basis ofthe penalty of imprisomnenl
applying the following rules:

a. where the penalLy is reclusion terlporal (regardless ofperiod) to reclu-


baii shall be computcd based on the rnaxirnum ofreclusion
sion perpetua,
ternpolal.

b. wlrere ,the imposable penally is coveccional or afflictive, bail shall be


based on the maxirnurn of the penalLy, multiplied by I'hp2,000.00. A fi-ac-
tion of a year shall be rounded-off to onc year.

c. For crimes covered by the Rules on Summary Procedure and Republic


Act No. 6036, bail is not required except u'hen r-espoldent/accused is
undcl arrest, in u4rich case, bail shall be cornpuled in accoldanoe with this
guideline.

ual for Prosecutors 147


3sof reckless impmdence resulting in homicide arising from
of the Land Transportation and Traffic Code, bail shall be
,000.00 per deceased person.

e.F ion of Batas Pambansa Blg. 22, bail shall be fifty per cent
(\ of the amount of checks but shouid not be less than Php2,000.00
than Php30,000,00.

3. Where imposable penalty is only a line, bail shall be computed as fol-


lows:

L. exceeding Php2,000.00, bail is not requiled.

b. more than Pbp2,000.00, bail shall be 50% of the finc but


Php30,000.00.

of reckless itnpmdeuce resulting lo damage 10 fropert],


be three-eights (3/8) of the value of the damage but not r

'hp30,000.00 except when covered by the Rules on Sr

4. Bail on the maxin.rum penalfy, multiplied by Phpl0,000'00 shall


the following offenses under the following laws:

a. lic Act No. 9165 (Courprehensive Dangerous Drugs Act of

b. lic Act No. 6539 (Alti-Carnapping Act), as aniended by RA 7

lic Act No. 7659 (for other cdmes covered by it);

Decree No. 1866 (Illegal Possession ofFireanns,


or losives), as amended bY R-4. 8294;

lic Act No. 1937 (Tariff and Custours Code), as atneuded; or

f. ion, hsurrection or coup d'etat as amended by Republic Act

lic Act No. 7610, as auiended (Special Protcction of


;t ChildAbuse, Exploitation and Discrimination Act)

c Act No, 9208 (Anti-Tlafficking in Persons Act of-2003)

148 Revised Manual for


H, HEARING ON PETITION FOR BAIL IS RIQUIRED IN I{ON-BAILABLE
OFFENSES

The prosecutor shall ensure that a hearing on the petitiol forbaiI is conducted
by lhejudge as it is absolutely indispensable for the latter to properly detenline
whetber the prosecution's evidence is weak or strong on the issue of whetirer or
not to grant bail to an accused chargsd with a heinous cri re wherc the imposable
penalty is deaLh, reclusion perpetua ot life imprisonment- (Thbao y. Espina, 257
SCP-A 298 p9961). He must therefore be prepared for such a hearir.rg.

EXCEPTION TO THtr RULE ON NON-BAILABLE OFFENSES

An exception to the rule on non-bailability of offenses punishable by reclu-


sion perpetua, life inprisomnent or deatl is when the accused is a tninor since
ninority is a special rnitigating circlrn'lstance that allows the imposition of the
penalty one degtee lower than that prescribed by law (Brm,o v. Botja, I34 SCI-/,
466 F9851), aside from the fact that R4.9344, otherv'ise known as Ure Juveuile
Justice and Welfare Act of 2006, provides that every child in conffict rvith the law
(ClCl-) shall be eltitled to bail and that the mitigating circumstance cf minor:ity
should be taken into consicleration in the hearins for the netition for bail.

IilGHT OF THE PROSECUTION TO PRESENT ALL E\/IDENC[,


DIJRING TI{E BAIL HEARING

Whether the rrotion for bail of a def-endant who is in custody fol'an offense
punislrable by reclusion perpetua, life imprisonment or death be resolved in a
sunxnary proceeding or in the course of a regulal trial, tbe prosecution must be
given a opportunity to present, within a reasonable time, all the evidcnce that.
it may desire to intrcduce before tbe court should resolve the motion for baii
(Peoplev. SanDiego,26 SCM 522 [1968]).

K. ]'F'IIECT OF A DENIAL OF TIIE OPPORTUNITY TO PR-ESENT


E\TIDENCE F'OR PURPOSES OF TfiE PETITTON }-OR I]ATI,

Shouid the pr osecution be denied offlre opportunity to present all the evirlence
it may desire to introduce, there rvould be a violation ofprocedural due plocess
and the ordcr ofthe court granting bail should be considered void.

L. I'ETITION FOR,BAILIN CONTINUOUS TR.IAI,

In case a petition for bail is iled by the accused and 1.lre coufi orders a con-
tinuous t
al of the case, the public prosecutor sirall be prepar-ed Lo presenl his
pducipal witnesses. Whcre tlrere ar-e several accused and one cr tno filed a
petition to bail, the tial prosecutor shall, beforc the presentatio.n ofhis first wif
ness, nanifest in open court that the evidenoe to be pi'esented in the hearing of

Ma nua I for Prose[utois 149


the n forbail shall be adopteri as its evidence-in-chie{ wth a reservation
to additional evidence {uring the trial proper when necessary.

M. CAN N OFTI{E BAILAOND

filed with the court and after due notice to the prosecuto!
may:be canceled upon surrender of the accused or presentation of

bond sha11 be deemed automatically canceled upon acquittal ofdre


disrnissal of the case or execution of t}e final judgment of convic-

i, the cancellation shail be without prejudice td any liability on

:rallowed pursuant to law or the Rules of Court, the court may release
in cuslody on his own recognizance or that of a responsible person.

on the pelition for the custody ofthe accused for purposes of hisi
her on recognizance is mandatory (Lqtola v. Gabo, Jr, AM No. RTJ-
00- 1 4, Jan. 26, 2000)

3. The rr should see to it that hearing is conducted to ensure that


of Sec. 1 and 2 of R. A. No. 6036 are cornplied with. (Ibid,)

FOR TI{F' GRANT OF RECOGNIZA}ICE


Ci NO.

The prosecutor should, during the hearing on recbgnizance,


tbat:

1. The comes within the coverase of Sec. 1 of RA 6036 and RA


Justice and Welfare Act) ;

2. The shall sign, in the presence of twQ (2) witnesses of good


in tl , a swom statement binding hirnself, pending final
sion his case, to report to the Clcrk of Courl hearing his case
(2) weeks;

150 Revised Manual for


3. In case the Court opts tc place the accused under the custody of the respon-
sible person in the comrrunitSr, the prosecutor should see to it that:

a. such person under whose custody the accused is placed, shall execute his
own affidavit stating his willingress to accept custody of the accused;
and

b, the accused shall also include in his own alfrdavit nrentjoned above, a
statement that he binds himself to accept the responsibility of tlie
citizen so appointed by the court as his custodian.

RELIVANT JURISPRUDENCE

The Court should not ev.en allow a motion for bail to be sct for hearing unless it
l.ras acquired jurisdiction over the person ofthe accused and thc case by its filing
in Cour1, (Dinapol v. Baldonado, 225 SCRA j10)

ln orde: that a person can ilvoke his right tc bail, it is not necessary that he
should wait until an hrformation is filed against him. From the moment that he
is placed under anest, detention or rtsLrainr by the officers of the larv, he can
claim this guarantce ofthe Bill ofRighrs, ald tiris riglrt he retains unless and until
he is charged with a capital offcnse and evidence ofhis guilt is strong. ( ilerras
Teehanlcee v. Rovira, 75 Phil. 634)

Whcre tlre accused was charged for:murder u'ithout the benefit of a preliminarl'
invesiigation ar.rd trial had already began over his objections, the acbused retnains
entitied to be released on bail as a nrattcl.ofright pending tlre preliminary investi-
gation. Should the evidence already cfrecor.d concclxing the guilL of the accused
be, in the reasonable beliefofthe prosecutor; sfi.ong, the prosecutor may lrrove in
the tnal court for canceilation oftheball. (Itide Tblentino tt. Caano, Jr., j22 SCRA
559)

If the prosecution is denied the opporhrnity to prcsent, rvithin a reasonable time,


all the evidence that it rnay want to inhoduce before the cour.t may resolve the
I

application for bail, there would be a denial ofdue process, as a consequence of


wlrich, the court's ordcr in respect ofthe motion or petitiou rs votd,. (Carpio, er.
al. y. Maglalang, etc.. el al. 196 SCLA 4l).

Thet'e is no leed of bail in cases covered by the Rules on Sumnrary procedure


(A4art rcz vs. Paguio, 394 SCtu4 287 [2002])

Ma n uai for Proseautors


151
PART VIII.
I. REMEDY THE PROSECUTOR WHEN NO WARRANT OF ARREST
BYTIIE JUDGE

. If the judge is satisfied that l-here is probable cause but did


the warrant contrary to the prosecutor/s belfefthat fllere is a need to place'
the accused custody, the speedy and adequatq remedy of the prosecutor is tor
the Information so that the Regional Tiial Court judge nay issue
the warrant the anest of the accused. (Samulde v. Sah,ani, Jr:, 165 SCM
tleB8l)

II. REQUEST RA COPY OF THE RDTURN

Ifa of affest has been issued, the prosecutor may request the wana
officer that fumished with tbe officer's retum relative thereto. The proser
tor shall, as as practicable, coordinate with the witncsses from time to ttme
ej!.il
\,:,til ascertain of the accused pending tltc latter's arest.

IIt, RI'LEV UDENCE

The of suspicion are leasonable when, in the absence of actual


of the Lg officers, the suspicion that the person to be arrested is pr
guilty the offense, is based on aclual facts, i. e. supported by
suffrciently strong in themselves to creats the probable cause of
ofthe to be arrested. A reasonable suspicion therefote must be
prcbab coupled "with good faith on the part of tlte peace dfficers
the ' (People v. Doria, .301 SCLA 668)

An ignifies restraint on person, depriving one of his own will and


binding 10 become obedient to the will of the iaw (Larranaga v.
87 SCLA 589)

itatiori is equivalert to anest. \\4rere the invitation comes firrnl


group composed predominantly of r:anking rnililary off cers ar
interrogation site as a military carnp, this is obviously a
anest. (Sanchez v. Denzetriou,22T SCRA 627 []993J.

fficer is not juslilied in using unnecessary force in effecting


with wanton violence tbe arested person or in resorting to dar
rn tlre arrest could be effected othcrwi se. (Galang v. People, G.
31, 2000)

J.A of arrest does not becotne stale or.functus oficlo unlike a search
which i onLy for ten days. A warant of arrest remains valid until
eff the warrant liff.ed. (Managan v. CFI, I 89 SCRA 2 17)

152 Fevised Manual for


IX. TRIAL

GENERdL RULES

A. COI\CT]PT

A n-ial is a judicial cxamination oILhc clairns at issue in which is prc-


a case
sentedby the prosecution and defense to euable the oourt to arrive at ajudgment
pronouncing either the guilt ol innocence of the accused (U.S v. Raymundo, J4
Phit 416 [r9091)

The object of a ldal is to mete out justice, and to convict the guil\' and
protect the innocent. Thus, the trial should be a search for the truth aud not
a contest over technicalities ard must i:e conducted under srich rules as $'ill
protect the innocent (23 C. J. S. 274).

The trial prosecutor shall always be prepared to conduct the prosecution


with his witnesses wl.ro shall be subpoenaed well in advance of the scheduled
trial da1es. No postponement of the trial ol other' proceedings of a criminal case
shall be initiated or caused by tlre 1rial prosecutol except in instances u'hele the
postpone rent is occasioncd by the absence of n.raterial u,itnesses or for other
causes beyond his control or not attributable to him.

B, CO\'ER{CE

All crirlinal cases brought for trial belore the Regional Trial Courts,
N{eiropolitan Trial Courts, Municipal Circuit 'liia1 Cor.rfl:s, and Municipal Trial
Courts except those cases tlrat are subject to the Rules on Suurrna,ry Procedure.

..TRIAL PREI'ARATION

A. PREPARA,TION OF TRIAI, BRIEF

Tlte prosecutor assigned to prosccute the case shall prepare the trial
guide. The trial guidc, as accomplished, shall be made a permanent parl of the
prosecution's records ofthc case. Its preparation sbail be in accordance with
DOJ Circular No. 47, s. 20O0 (please refer to Appendix "F" on p. 3II of tltis
Mattuo l).

ORDER OF PRtrSENT.A.TION OF WITNI'SSES

'-the order in the presentation


of rvitnesscs u,ill be left to tlre discretion of
tlre trial prosecutor'. lJowever, the pr.osecutor should take into consideration the
order of events as established bv the cvidence of the r.rrosecution.

Manual for. Prosecutors 153


who will testify for the first time shall be affordcd the oplortunity
ninal proceedings in court to help them overcolne their anxiety'
tension.

practicable, crucial witnesses shall be surnmoned by the trial pros-


ithe actual trial dates for briefing ou iheir testimony and derneanor
for,orderly and efficient presentation in court.

hibits,
specific

Ctr

Gi ofevidence fol the defense starts, the triaL prosecutor


ask the adverse counscl the number of wirtiesses he itrtends 1o pres
and nature of their testimony.

'frorn
reliable sources the whereabouts of tllese witnesses,
!r, background, reasons for testiSring and relationship
arnolrg other things, to enable him to have a cleal view of
of the'accused.

OF ACCUSED TO BE STATE WITNESS

wh
offense,
of one
fbr the

Rev ised Manual for


4. Said accused does not appear to.be the most guilq, (Lt.tgtu v. Couyt of
Appeals, 183 SCRA 388).

5. Said accused has not, at any time been convicted of any offense involving
' moral turpitude.

F. ADI\ISSIOI\i TO TIIE WITNESS PROTECTION PROGRAM OF AN


ACCUSED \\'tIO HAS BEEN DISCIIARGED

An accused who is discharged flom an infonnation or crinrinal complaint in


ordsr that he may be a state wit ess as provided in the preceding section may,
upon his petition, be admitted to the Witness Protection Plogram under RA
6981 , otherwise kncwn as "The Witness Protection, Security and Benefit Act"
if he complies with the other requirernents of said Act.

G. OTIIER PERSONS \IIHO M,dYAVAIL OF THE WITNESS PROTECTION


PROGRAM

The trialplosecutor shall recommend the adrnission to the Witness Protection


Progranr of Lhe following pcrsons:

1. Aly person who has witnessed or has kxowledge of or infonnation on tbc


commissiol of a crime arld has testifie d or is restifoing or is about to tesiify
before any judicial or quasi-judicial body, or before any iuvestigating au-
Lholity, Provided, that:

o the olfense in which his testirlony will be uscd is a grave felony as


defined lurder the Revised Penal Code or its equivalcnt under spccial
laws;

his testimony can be substantially corroborated orl its rnater:ial points:

he or any nerrber of his family within the second civil degree of con-
sanguinity or alfinity is sutrjected to threats to his life or bodily injury or
there is a likelihood that he will be killed, forced, intimidated, harassed
or corrupted to prevent him from tcstifiiing. or to testif,/ falsely or eva-
sively, becausc or otl accounl ofhis tesrimoul,l and

he is not a law enforcernent officer, even


if lie would be testifyiug against
other law enforcerrrent officers. In such a case, ody the immediate
mernbcrs of his family may avail thernselves of llte prolection provided
for under the Act.

Manualfor Prosecutors 155


2. Any who has participated in the commission of a crime and desi
tob witness for the State. whenever the followins circumstances a

offense in which his testimony 'r'ill be used is a grave'felony


under the Revised Penal Code or its equivalent under spec

is absolute necessity for his testimony;

reis no other direct evideuce available for the proper prosecution


offense committed; : : :' '

I not at any time been

H. MOTI I'OR POSTPONEMENT BYTHE ACCUSED

Tlie prosecutor shall vigorously oppose. ly motion for


initiated the accused unlsss for valid and compelling reasons. Ile slr
make rrd his objections thereto, leaving to the court's discretion the
position tlre subject rnotions (People v. Borja, supra).

OF PROCEEDINGS

the presentation of the prosecution's evidence, tlrc trial pros(


use or allow the discontinuance of the proceediugs except for
llirrg reasons not attributable to him Qbid.).

OF EVIDENCE

The ptosecutor is bound to complete the pt'esentation ofhis evi


',vithin rl datesassignedtohim. Affcrthe lapse ofsaiddates, heis d'
to have eted his evidence plesentation- I{owever, based on serious
sons, fiie a verified motion to allow hiin additional trial dates at

156 Revised Ma nu al for P rose


PROCEDURE

A. CONTINUOUS TRIAL UNTIL TERMIN{ATED

Upon receipt of the notice of trial, the prosecutor shall review the record
of the case for trial and complete his pleparation therefot' beat'ing in mind that
trial, once cornmenced, may continue fi'om day to day until tenninated. I{e may.
however, move for postponement for a reasouable pct'iod of tirne for good cairse
(Sec.2, par. 1, Rule ll9, sypra.).
.

The time limitation is not anolicable to:

l Criminal cases coveted by the Rule on Summaty Procedure or where re


penalty prescribed law does not exceed six (6) rnonths imprisonment,
"by
or a f.ne of one thousand pesos (P1,000.00) or both, inespective of other
irnposable penalties, is govemed by Rule 123.

R-A.4908 (A.n Act Requiring Judges of Courls to Spbedily T4t Crintinal


Cases Wherein the Offended Party is a Person nbout to Depart fron lhe
Phllippines toith No Defnite Date of retu"n) requires such cases to take
pr-ecedence over all other iases beforc our coutls except electiou and habeas
coqrus cases. The tt'ial in these cascs sirall commence within three days
from the date the accused is anaigned and no postponement of the initial
hearing sl.rall be granted except on the ground of illness on tlie part of the
acctsed or other grounds beyond the control ofthe accused.

Speedy Trial ofChiidAbuse cases The trial of child abuse cases shall take
precedence over all other cases before the courts, except electiou and habeas
cor?us cases- The trial in said cases shall comrnence within threc (3) days
fi"om the date the accused is arraigned and no postponement of the initial
hearing sirall be granted except on account of the illuess of the accused or
otlrer gronnds beyond his control (Sec, 21, Rules and Regulations on the
Reporting and hntestigation of Child Abrce Cases i.sstted pursuant to Sec.
i2 o.f R. A. No. 7610, othenuise latov,n as "the Child Abttse Act").

4. Violations of the Corrprehensive Dangerous DmgsAct of 2002 (RA9165)


Trial oftlese cases shall be finished by the court not later than ninety (90)
days from the date of the filing of the Information.

Under Administrative Code No. 104-96 of the Suprerne Court, the cases
of liidnapping and/or kidnapping for ransom, robbery in band, robbery
commifted agaiust a banking or financial institution, violation of the Anti-
Camapping Act of 1972 as amended, aurd Other Heinous Crimes (R,\ 7659)
committed within the respective territorial jurisdiclion of the courts shall

Manual for P rosecutors 157


mandatorv continuous tfial and shall be terminated within
(60) from commencement of the trial.

proceed in the folloiving order pursuant to Sec. 11, Rulel


the Rules on Criminal Procedure:

1. The shall present evidence to prove the charge and, in ttre

2. The I may present evidence to prove his defense, and darnag


any, from the issuance of any provisiolal renedy in tlre case.

3. The may then rbspectively present rebutting evidence only,


the iu furtherance ofjustice, permits them to present additional
upon the main issue.

of the evidence, the case shall be deemed


unless the court directs the parties to argue orally or to

5.H when the accused admits the act or omission charged in


or Information but interposes a lawful defense, dre order of
may modified accoldingly.

ON OFWITNESSES

The in the presentation of rvitnesses shall, as far as practicable,


fonrr to Iogicdl sequence of events obtaining in the case on trial in
plesent ear, organized and coherent pic(ure to thc court ofthe pr
evr

For in the case ofprosecution under the Comprehensive


Drugs f2002, the trial prosecutor should present the forensic chemist
e dangerous drug ahead ofthe other witnesses in order thatthe r

rnay at have a view of the ieal evidence (either the prohibited or regu
drug :t of the case) and so that such evidence rnay be immediately iden
fied by other witnesses thus avoiding tire rccall of witnesses later on.

The e of logical sequencing notwiLhstandrng, a witncss whose te


is vital re case and whose life is in dalger or who may be sicVinjured
may po ly die should be made to testifr as carly as practicalile.

Revised Manual for P


CONDITIONAL EXAMINATION OF WITNESS FOR TIID
PROSECUTION

The trial prosecutor shall move for the conditional examination of a pros-
ecution witness who is too sick or infinr.r to appear at the trial or bas to leave the
Philippines with no definite date.of retuming. Such examination shall be done
in the presence ofthe accused or in his absence after reasoDable Dotice to attend
the examination has been served on him, shall be colducted ir.r the same maru1er
as an examination at the trial. Failure or refusal on the part of tire accused to
attend the examination after notice herein before provided shall be considered
awaiver $ec. J5. Rute ll9, Sttpra.).

E, CROSS-E>LAMINATION OF THE DEFENSE WTNESSES

Tlle prosecutor shall endeavor to secure well in advance alL available rn-
fonnation about a defens'e witness in order to prepare for an effective c::oss-
examination. Whele the testimony of a defense witness bears no effect on the
evidence of the prosecution, a cross-cxamination need not be cotrducted.

F. RIBUTTALI,VIDENC-E

The prcsentation and nalure of rebuttal evidence will depend on the cffect
which the defense evidence may have caused on tbe prosccution's cvidence-in-
chiel The recall ofa witness who aheady testified during the evidence-in-chicf
presentation merely to rcfutc what a defense witness may'. have stated during his
defense testimony is not generally rebuttal evidence. \Vhere there is nothing to
lefule. rcbultal evidence is u:rnecessarv.

C. I{LQUEST FOR SUBPOENA I

In all cases requiring the appearance in court of a witness for the purpose
of testifying upon a rcpofi (e.g. nedrcc-Jegal, autopsy, cherr.ristry ballistjcs,
statelnent ofaccounts, ctc.) prepared by him or by his office, the trial prosecutor'
shall indicate the reference number of the report in tbe request for subpoena.

H. CUSTODY OF PIIYSICAL AND REAL EVIDENCE PENDING TRIAL ;

Iu keeping with the professional responsibility of tlre trial prosecutor, all the
physical and real evidelce shall rerlain in custody with the poJice authorities
or other law enforcen-rent officels. ln those instances when the evidence is of
a perisirable nature, the trial pl'osecutor shall ensru'e that mcasures ale taken to
plovide for secondary evidence consisting of photographs, or pictures of thc
physical and real evidence, rvhich evidence shall be attached to thc rccords of
the case.

Manual for Proserutors


III. RELEV PRUDENCE

1. The is that motions for: postponement are gralted only upon


ous no party has the right to assume that his motion will be
(De Guia , Jr., 234 SCRA 625 []99a1);

Under , Rule 1 l9 of the Revised Rules on Criminal Procedure, the


ers have ofproving the factual basis oftheir motions for the dism
of tlie on the ground of a denial oftheir riglit to a speedy trial ar
a speedy on of the cases agaiust them. They were burdened to prove
such ed by the prosecutor was veiatious, capricious or whimsict
tlre other the prosccutor was burdened lo present evidence to esiablis
the delay the submission of his reporl on reinvestigation of the Cases was
sonably buted. to the ordinary process ofjustice; aud that the accused sui
no sell udice beyond that which ensued after an inevitable and ordi
delay. ( v. The Sandiganbayan, 442 SCRA 294 [2004] ; Lutnanlaw v Jt
EII\. Edgardo Jx, G. R. No. 164953, February 13,2006);

3. The fiial accessoly can proceed without awaiting the result of the
charge a1 t tJre principal. The coresponding responsibilities of the pj
rd accessory are distinct from each pther. As long as the c
sion of ffense can be duly established in evidence, the determination
liability accon-rplice oi accessory can proceed independently of that
prircipal. v. People, 178 SCRA 626.);

4. The right 1wo or more accused in a crirninal case, to be tried


essential cannot be denied by the court (Sec: 33 of General Orders
(U. S.u. s, 62 Phil. 942). When a separate hial is denranded and grar
it is the of the prosecution to repeat and produce all its eVidence at t
and ial, unless it had becn agleed by the parties that the evidence.for
would lot have to be repeated at the second ttial ald all the acor
had been during the presentation of the evidence for'the prosecutioh
their had had the opportuniry to cross-examine the witnesses
who lrad Lestified. (People v. Carpio, 68 Phil. 490);

5. The rule ,fore, relative to the righL of Lhe govemmeut proseculor lo


a person has participated in the cornmissiou of a crime as a witness
is as follows:

a. when offcnse is committed by more llran one person, it is lie duty


jn
'r to include all of tbern tbe Conrplailt or lrrformation {'Ser
I10, of Court);

b. if the tor dcsires to utilize one of those charged u.'ith the


ernnent wituess, the proseculor rnay ask the court to

't 59 Rev is ed Manual for P


one 0f thom after complying with the conditions prescribed by law. (Sec.
9, Rule 11 9);

flrere is noflring il the mle frorn which it can be infened that beforc a perso[
cau be presented as a govonn-rent witness, hat he be first included as a co-
accused in the Inforrnation, for lhe prosecutor is fi.ee to produce as a witness
anyone whom he believes can testify to the truth of the crime charged (U.S u
Lnriquez, 40 Phil. 603);

the failule to follow tiie requirements of the rule rclative to ilie use of a per-
son, himseifparticeps crininis, as a governnlent witness does not r.iolate the
due process clause of the constifution, trot render his testimony ineffectual if
otlrerwise conlpetent and adrnjssible. (People v. Ilinsol, 100 Phil.7l3.);

The disclrargc contempl;ted by the mle is one effbctcd or r.r,hich can be effected
at any stage of the proceedilgs, fron, t}e filing of the Infonnation to tbe time the
def'etrse starts to offer any evidence. (People v. Aninon, 158 SCM 701);

The nrere fact that the witless sought to be discharged had plcadcd guilry to the
ciinre chargcd does not violate the rule that the disclrarged dcfcndant must llot
"appear to be the most guilty". And even if the witness should lack sorne of the
qualilications clurueraled by Sec. 17, Rule 119, his testimony will not, for tbat
teason aione, be discarded or disregarded. (People v. De Leon, et. ol. J08 Phil.
800 [re60J.

The gror.rnd underlying the mle is hot to let a crime that has been comrnitterl go
unprurished; so an accused who is not the most guihy is allowed to testi$, againsl
tlte most guiity, in order to achic\re the 91eatel.pulpose of secur:ing tlie conviction
of the more or mosi guilf and the greatest nutrbcr amolg the accused perltittcd
to be convicted for the offense committed. (People v.Bq,ona, et. al., I0S phil.
104 [] 9601) AJl the perpetrators of the offense bound in conspir.acy ar.e equally
gurlty. (People v. Botja. I47 SCRA I 69 [ 1987]) ; .

9. This is an indispensable requirement because it is a notolior-rs fact in hu'ran


nature thal a culprit who confesses to a ciime, is likely to put the blarre or oth-
ers radrer than irin-rself. Thus, even though a coud may get the statement of a
discharged accused tirat orher persons weie engaged i'rhe crime it is u.safe to i
accept, without conoborati'g evidence, his statemcnts co'cerning the relatirre l
I
blame to be attzrched to different rnqmbcrs of l.ris gang. (people v. A andagan, 52
l
Phil.62 lto28l): l

l
10. Meaning of "not tbe most guilty" is .hot the least guilty', (people v. Cottrt of I
I

Aplteals, I 3I SCM I07 [] 9841. The mle does not re quire that hc bc 1he ..least {
i
guilty" but only that he not be "the most gtnlry',. (people tt. Fulrtdo, g4 phil. 3

1
Be). J

I
?
,i
j
ManuaJ for Prosecutors 161 x
I
'n {

I't
;1
PART X. APP / PETITION FOR REVIE\V

GENERAL

A. WIIAT BEAPPEAIED

The :tions of rhe Chief Sta{e Prosecutor/Regional Srare Pro


Ciry Prosecutor in criminril cases may be the subjccl of a
appeal.

B. \TENUE RTIIE FILING OF THE APPEAL/


PETITI FORRE\TEW

frori,/petitions for review of the resolutions of tho Provir


rrs in cases cognizable by the Metropolitan Trial Courts, I
Trial and Munrcipal Circuit Tr:ial Courts shall be filed with the 0 r

tlie Srate Proseculor, The resolurion ot the I{eglonal State


1S

3. In ational Capital Region, the appeals/petilions for review of the


in cases falling under the jurisdiction of the Metropolitan
Municipal Trial Courts and Municipal Circuit Trial .Courts sl
h the Office of the Chief State Prosecutor. The resolutiort of the

provisiols of the preceding paraglaphs on the finality of the r


r tion Chief State Prosecrtor and the Regional State Prosecutol
the Secretary of Justice rnay, in the ilterest ofjustice and
to. authority of supervisiou and contrcl over the prosecu
the of Justice, order the rcvielv by his office ofthe resolu
oft State Prosecutor and the Regional State Pr:osecutors in the
to the them.

PERIO FILE THE APPEAL/


PETITI FORRE\TEW

The for revieu, nrust be filed wirhin fifteen (15) days


cluestioned resolution by the pafi,v or his counsel or if a
for has been filed, rvithin fifteeu (15) days from rcccipt t

162 Revised Manualfor


r-esolutjon denying the motion for reconsideration. Only one (l ) motion tbr re-
consideration shali be entefiained.

D. FORMAND CONTI'NTS

The appeal/petition for review shall be velifed by the appellauVs/petitior.rer/s


and shall contain the following:

l. nalnes and addresses of the parLies;

2. the Investigation Slip Number ( I S. No.) and/or Criminal Case Number (


C.C. No..), ifany and the titie ofthe case including the offense charged in the
complailt or information;

3. lhe veuue of the prelinrrnary invcstigation;

4. tlie specific rnaLer:ial dates showing that it u,.as filed ol tirne;

5. a clcar alcl ooucise statemcnt ofthe facts, the assignmont of errors, and the
legal basis of the appeal/petltion for: review;

6. proof of selice of a copy/ies of.the appcal/petition for review to the advelse


pa.r tyiies or counsel and the prosecution office concemed;

7. proofofpayment ofthe appeal fee

The iuvestigatilg/::eviewng/approving prosecutor shall not [re jrnpleaded as


appellee, The party taking the appeal shall be refeued 10 in the appeal as eitlrer
"complainalrt. appclJant" or "respondent-appcllant".

E. DOCU]\{IINTARY AT'TACIIMENTS

The appeilant/petitioner shall append to his appeal/petition a legible duplicate


original or ce ified true copy of the resolution appealed fi-om together with leg-
ible copies ofthe complaint, affidavits/sworr statements (including their transla-
tions, if any, duly celtified by tlre proviticiaVcity proseculor) atd other evidencc
submitted by both parties in the preliminary investigation or re-investigation.
Evidence subrnitted for the first tirre on appeal shall not be adrnitted. If submif
ted, the reviewing prosecutor shall disregard it. A copy, of the motion to defcr
proceedirgs shall likewise be attached to tire appeal/petition when an infonnation
iras ah'eady been filed in coult.

Manual for Prosecutors l05