Vous êtes sur la page 1sur 10

PRELIMINARIES Exceptions to the rule that the place where the Original Jurisdiction of the Sandiganbayan:

crime is committed determines jurisdiction: 1. Listed:

Jurisdiction over Person of Accused (AV) 1. Transitory and continuing offenses a. Provincial governors, vice-governors,
- Arrest 2. RPC Art. 2 – where criminal action members of the sangguniang
- Voluntary Surrender in court is first filed panlalawigan and provincial
3. Human Security Act treasurers, assessors, engineers and
VENUE of Criminal Action other provincial department heads;
 In the court where the (CE) RPC Art. 2 – Exception to territoriality (SCINE) b. City mayors, vice-mayors, members
1) offense was committed 1. Philippine airships and ships of the sangguniang panlungsod, city
2) its essential ingredients 2. Forgery or counterfeiting of Philippine treasurers, assessors engineers and
occurred notes or Gov’t obligations and other city department heads;
 Determined by allegations in the C/I securities c. Officials of the diplomatic service
 Vehicle = passed, departure, arrival 3. Introduction of said notes or occupying the position of consul and
(PDA) obligations and security into the higher;
 On board a vessel = (1) FIRST point of Philippines d. Philippine army and air force
entry (2) any territory passed 4. Crimes against national security and colonels, naval captains, and all
 Outside the PH but punishable under law of nations officers of higher rank;
Art. 2, RPC = where criminal action 5. Public officers and employees e. Officers of the Philippine National
FIRST filed committing an offense in the exercise Police while occupying the position
 Continuing offenses – estafa, abduction, of their functions of provincial director and those
malversation, libel, kidnapping, BP 22 holding the rank of senior
o Courts of the territories where Criminal Jurisdiction of Courts superintendent or higher;
the essential ingredients of the a) MTC (BOP 64) f. City and provincial prosecutors and
crime took place have 1. Violations of BP 22 their assistants, and officials and
concurrent jurisdiction 2. Violations of city/municipal prosecutors in the Office of the
Ordinances Ombudsman and special prosecutor;
Written Defamation (in RTC) 3. EOJ over damage to Property g. Presidents, directors or trustees, or
 GR: First printed and published through criminal negligence managers of government-owned or
 Private individual – resides at time of 4. Offenses < 6 years -controlled corporations, state
crime 5. Fine < 4,000 universities or educational
 Public officer – RTC where he held b) RTC (MWEEDO) institutions or foundations;
office at time of crime 1. Money-laundering cases 2. Members of Congress and officials thereof
2. Written defamation classified as Grade 27 and up;
Note: 3. Cases not falling within EOJ of 3. Members of the judiciary without prejudice
 If wrong venue, can file a MOTION TO any court, tribunal or body to the provisions of the Constitution;
QUASH, on the ground of no jurisdiction 4. Violation of Omnibus Election 4. Chairmen and members of Constitutional
 Venue is jurisdictional; hence, it can be Code Commissions, without prejudice to the
raised at anytime, even during appeal. 5. Dangerous Drugs Act provisions of the Constitution; and
6. Hold-Departure Orders
Vanslembrouck CrimPro Memory Aid |1
5. All other national and local officials Admin cases in the OMB are not appealable 2. Municipal ordinance – 2M
classified as Grade 27 and higher (unless GADALEJ) if: 3. Election law – 5Y
6. Other offenses or felonies whether simple 1. Public censure or reprimand 4. Genocide – Never
or complexed with other crimes committed 2. Suspension of not more than 1 month
by the public officials and employees 3. Fine if not more than 1 month salary Complaint / Information S2 (WPPRO)
mentioned - CI shall be in writing
7. Civil and criminal cases filed pursuant to Powers of the SOJ: - In the name of People of the Phil.
and in connection with Executive Order 1. Direct control and supervision over - Against all persons
Nos. 1, 2, 14 and 14RA, issued in 1986 prosecutors - Who appear to be responsible
2. Act directly whenever a specific - For the offense.
Sandiganbayan (GR-epol) function is entrusted by law or
- At least salary grade 27 regulation to a subordinate Complaint S3 (SPOPE)
- Act was committed in relation to office 3. Direct performance of duty - Sworn written statement
- Other executive officials by express 4. Approve, revise, modify acts and - Charging a person with an offense
provision of law (epol) decisions of subordinate officials or - Subscribed by the offended party
- As long as one of the accused units - Any peace officer, or other public
Representation of the people: officer
In Relation to Office (CWO) 1. RTC/MTC – Fiscal or Prosecutor - Charged with the enforcement of the
- office is a constitutive element of the 2. CA/SC – Office of the Solicitor General law violated
- Without the office the crime would not RULE 110 Information S4 (APOP-C)
have been committed. Prosecution of Offenses - An accusation in writing
- Charging a person with an offense
OMB Jurisdiction: How are Criminal Actions Instituted - Subscribed by the prosecutor
1. Any malfeasance/misfeasance/omission MM/Chartered OMM / Outside - And filed with the court
Cities Chartered Cities
by a public officer (even not related to
Office of the Office of the
official duties) With PI
Prosecutor Prosecutor Who Must Prosecute Criminal Action S5 (CC-
2. Primary jurisdiction over cases NO PI OP OP/MTC PDP)
cognizable by the SB (may take over at Summary
- All criminal actions
any stage) Procedure - Either commenced by C/I
3. Jurisdiction over cases cognizable by - Shall be prosecuted
regular courts Prescription of offenses (interrupted by any - Under the direction and control
proceeding, including executive): - Of a public prosecutor
Reviewing actions by the OMB: 1. Act 3326 (SPL):
1. Admin case – CA Rule 43 a. Fine and imprisonment up to 1M – Note: Matters of presentation of witnesses by
2. Criminal case with GADALEJ – SC Rule 1Y the prosecution and the determination of which
65 b. If more than 1M, less than 2Y – 4Y evidence to present rests upon the prosecution.
c. If 2Y or more, less than 6Y – 8Y
d. If 6Y or more, except treason – 12Y
Vanslembrouck CrimPro Memory Aid |2
Duties of a public prosecutor: But note that as a general rule, A complaint for Note:
1. Conduct PI purpose of PI can be filed by ANY competent - If he fails to object before plea/trial, he
2. Prosecute a case person (unless cannot be prosecuted de oficio). is deemed to have waived such.
3. Conduct Inquest proceedings
Requisites of A Complaint/Information: S6 Amendment of C/I
Private Crimes – need complaint filed by an (NDA-NDP)  Amendment – adding/ striking out /
OFFENDED party. (MTQ if by prosecutor) - Name of the accused correcting an ALLEGATION or NAME of
- Designation of the offense given by party (ASCAN)
Private Crimes: (CA SAL D) statute (or section)  Formal – not prejudicial to accused
1. Concubinage  Qualifying circumstance  Substantial – prejudicial
2. Adultery  Aggravating circumstance
3. Seduction - Acts and omissions complained of Test WON Formal/ Substantial Amendment
4. Abduction - Name of offended party - WON DEFENSE / EVIDENCE under
5. Acts of Lasciviousness - Approximate date of the commission of original would be equally available
6. Defamation which consists of the the offense after?
imputation of any of the above - Place where the offense was committed o Yes = formal; No =substantial
offenses. (within court’s jurisdiction) - WON changed the designation of the
nature of the crime?
Note: Remedy for Insufficiency of Information:
- Minor, Parents, grandparents, and - Bill of particulars Rules Regarding Amendments
guardians if minor for SAL. - Motion to Quash information - Before plea = formal / substantial
- No prosecution if expressly pardoned WITHOUT leave of court
by any Name of Party: Full, appellation/nickname, XPN: (DEMOL)
- Minor Dies/ incapacitated = State described under fictitious name. o Downgrades the offense
o Excludes any of the accused
Prosecution of Adultery and Concubinage Offended Party - the person against whom or o Made only by:
(BCPC) against whose property the offense was  motion by prosecutor,
-the offended party cannot institute criminal committed (S12)  notice offended party
action if:  with leave of court
1. Without including BOTH guilty parties Offenses Against Property (UPO) - After plea = formal ONLY, never
(if alive) - Name unknown, property must be substantial
2. Offended party has consented or described with o WITH leave of court
pardoned the offenders - Such particularity as to properly identify o Not prejudice rights of accused
3. Without the complaint filed by the the offense charged
offended spouse Note: In exclusion of an accused (which is done
A complaint or information must charge only before arraignment) double jeopardy will NOT
Offended spouse: ALWAYS the HUSBAND of the one offense, except when the law: S13 (SV) attach, (e.g. WPP) but in DISCHARGE of a
adulterous woman - Prescribes a single punishment witness as state witness, it will, as he has to
- For various offenses plead and it is technically an acquittal.
Vanslembrouck CrimPro Memory Aid |3
Private lawyer prosecute a criminal case? New PI needed if: (SSPPCC)
Substitution of Complaint / Information - Authorized in writing (CRC) 1. Substitution of information (unless
 Substitution – dismissal by the court of o Chief of Prosecution Office merely mode of commission)
the ORIGINAL CI upon the filing of a o Regional State Prosecutor 2. Substantial amendment to the
new one charging the proper offense o Approval of court information
provided the accused would NOT be - If Civil action instituted with the 3. Provisional dismissal when the original
placed in double jeopardy. criminal action (S15) (But still with the witness recanted or died or is no longer
 WHEN: Anytime before judgment control of public prosecutor) available or when new witnesses
 WHY: If it appears that appear
1. Mistake in charging the proper Requisites for double jeopardy: (CJA-ACMW- 4. Other persons are charged under a new
offense IFI) complaint for the same offense or
2. Accused cannot be convicted of 1. First jeopardy must have attached: complaint
the offense charged / offense (CJA) 5. Under a new complaint, original charge
included therein a. Upon a valid is upgraded
 May be done before and after plea complaint/indictment 6. Under a new complaint, criminal
b. Before a court with competent participation is upgraded
AMENDMENT SUBSTITUTION c. After arraignment RULE 111
Formal / substantial Substantial change 2. First jeopardy terminated: (ACMW) Prosecution of Civil Action
changes a. Acquittal
Before plea can be made ALWAYS with leave of court Rule on Implied Institution of the Civil Action
without leave of court
b. Final conviction
If formal amendment c. Dismissal on its merits With the Criminal Action
- NO need for another PI -NEED for new PI d. Dismissal without express - civil action for recovery of civil liability
- No need for new plea -NEED for new Plea consent of accused arising from the offense (carclao) shall
An amended information A substitution 3. Second jeopardy must be for the same be deemed instituted with the criminal
- Refers to SAME - New information
offense as that in the first: (IFI) action UNLESS: (WPR!)
offense as charged in involves a DIFFERENT
the original offense a. One offense is identical to the 1. Waiver of civil action
information OR - Does not include or is another (unless a set of acts 2. Institutes it prior to the criminal
- An offense which not necessarily constitute two or more action
necessarily includes or included in the original 3. Reserves the right to institute it
offenses, termination of one
is included in the charge
original charge does not bar prosecution under separately (except BP22)
Hence, CANNOT invoke the other)
Hence, substantial double jeopardy. b. One is an attempt or frustration Reservation (ECRO)
amendments CANNOT be of another - made BEFORE prosecution starts
made over the accused’s
c. One necessarily includes or is presenting its evidence
objection, for if the original
information withdrawn, the necessarily included in the - under circumstances affording the
accused could invoke other offended party a reasonable
double jeopardy. opportunity to make a reservation

Vanslembrouck CrimPro Memory Aid |4

Effects of the Commencement of the Criminal Instances of Independent Civil Action: Elements of a Prejudicial Question (PID)
Action upon the Separate Civil Action 1) Art. 32 - Interference by public officers 1) Previously instituted civil action
(DeSuCoT) or employees / private individuals with 2) Civil action involves an issue similar or
1) Deferment – separate civil action can’t civil rights and liberties intimately related (sir) to the issue
be instituted until final judgment 2) Art. 33 – Defamation, Fraud, Physical raised in the subsequent criminal action
2) Suspension – crim action after civil; Injuries 3) The resolution of such issue determines
until final judgment 3) Art. 34 – failure to aid by police WON the criminal action may proceed
3) Consolidation (MIB) 4) Art. 2176 – Whoever by act or omission
 Motion of the offended party causes damage to another, there being Note: Suspends criminal action. Filed in Office
 In court trying criminal action fault or negligence, is obliged to pay for of the Prosecutor/Court before prosecution
 Before judgment on civil action the damage done. rests.
 Evidence automatically
reproduced, can still cross- Note: No counterclaim, cross-claim or third RULE 112
examine and present additional party complaint by accused in criminal case, but PRELIMINARY INVESTIGATION
evidence any cause of action which could have been the
4) Tolling of Prescriptive Period subject thereof may be litigated in a separate Preliminary Investigation (ISB-CGH)
 Of civil action which cannot be civil action. - An inquiry to determine
instituted / suspended - Whether there is sufficient ground
Civil Action If Accused ACQUITTED (ROC-DI) Note: Judgment in civil action not a bar for - To engender a well-founded belief
- If based on reasonable doubt – civil criminal action. - That a crime has been committed
action may still be instituted - And the respondent is guilty thereof
- If based on ground that he did not Rules on death of accused: - And should be held for trial
commit offense – no more civil action 1. Death after arraignment and during - 4 Y, 2M, 1 Day
XPN: (DI) pendency of criminal action:
o Civil action based on obligation a. Criminal liability extinguished Probable Cause – existence of such facts and
not from the delict (LCQQ) b. Civil liability arising from the circumstances as would lead a reasonable
o Law grants the right to institute delict extinguished (XPN: LCQQ) person to believe that the persons charged
independent civil action c. Independent Civil action committed the crime
- Court declares that liability of the continues against the estate or
accused is only CIVIL – civil liability legal representative of the Persons Authorized to Conduct Preliminary
accused Investigation (PCA NaRel)
Independent Civil Action (IPR-DS) 2. Death before arraignment 1) Provincial or City Prosecutors and their
 When carclao may proceed a. Case dismissed Assistants
independently (side by side with crim a) b. No prejudice to any civil action that 2) National and Regional State Prosecutors
may be filed 3) Other officers as may be authorized by
 Preponderance of evidence
 No reservation needed
 No double recovery
Note: MTQ if Resolution not approved by City
 Not suspended
Vanslembrouck CrimPro Memory Aid |5
Filing of preliminary investigation – all 10 day Effect of Appeal to the DOJ Summary Procedure (e.g. BP 22 cases) (ACS)
periods: - Will NOT hold the filing of the 1. Submission of Judicial Affidavits
1. File complaint (subscribed before information 2. Subject to cross – examination
prosecutor or government official) - If the information already filed, the 3. No NEED to issue warrant of arrest, only
a. Except – if not prosecutor or appeal to the DOJ will defer summons
official available arraignment for 60 days (motion to 4. However, repeated failure to appear,
2. Investigating officer dismisses or issues defer) can then issue WOA
subpoena to respondent - Arraigned AFTER appeal: DOJ can still
3. Respondent submits counter-affidavit act (but it really is useless, since court Records of Preliminary Investigation
a. If none – officer decides based already has jurisdiction) - GR: Do NOT form part of the records of the
on complaint - Arraigned BEFORE appeal: petition not case
b. If there is – officer can call a given due course. - XPN: Court’s initiative / OR on motion of
clarificatory hearing any party, may order when: (CORE)
4. Officer’s resolution (filing information If DOJ decision is adverse: 1) Necessary in the resolution of
or dismissal) 1. Review via Rule 43 to CA case
2. If GADALEJ – Rule 65 to CA 2) To be introduced as evidence
Review of the resolution of investigating 3. Office of the President if punishable by by the requesting party
prosecutor: RP or higher - Note: Unless there is an appropriate COURT
1. Resolution forwarded to city (or provincial ORDER, the mere fact that the said records
or state) prosecutor or OMB Information filed in court – RTC judge options: have been physically attached does not
a. If recommendation is for dismissal, (DIE) within 10 days mean that it is already part of the record.
but it is disapproved, boss can: 1. Dismiss the case for absence of
i. File info himself; or probable cause Inquest (nSFW)
ii. Direct another prosecutor 2. Issue a warrant of arrest (or - summary and Formal investigation by
to file without need for new commitment order) within 10 days, an inquest prosecutor in cases of
PI after personally determining probable warrantless arrest
b. If recommendation is for filing – cause - Purpose: Determine WON warrantless
needs approval by boss 3. In case of doubt of the existence of arrest valid.
2. Resolution may be appealed to the office of probable cause, may order the - will decide WON:
the SOJ within 15 days via verified petition prosecutor to present additional o To detain you (subsequently
for review EVIDENCE charged in court)
3. Parties can file a petition with SOJ to o Release for further PI (go
reverse or modify the resolution, SOJ can: Warrant of Arrest Unnecessary (SFC) through Sec. 3, affidavit of
a. Ask prosecutor to file info 1) Accused is already under custody by arresting officer)
without need of new PI or virtue of a warrantless arrest - A C/I may still be validly filed, even if
b. Ask prosecutor to dismiss the 2) Offense is penalized by a fine only there is need for PI if there has already
info 3) If it is covered by the Rule on Summary been an inquest
Procedure (may be arrested though if
fails to appear)
Vanslembrouck CrimPro Memory Aid |6
Requisites for inquest proceeding: Investigatory Procedure for Cases NOT RULE 113
1. Warrantless arrest requiring PI ARREST
2. Offense requires PI a) Complaint Filed with Prosecutor (FED) –
Sec. 3(a) R112 only Arrest (CBCO)
Options when lawfully arrested w/o warrant -act on it within 10 days from filling (no - Taking of person into custody
and brought to police station: (IBP-125) counter-affidavits/subpoena) - in order that he may be bound
1. Inquest proceedings 1) May dismiss the case for want - to answer for the commission of an
2. Apply for bail of probable cause offense
3. If detained and before complaint or info 2) He may file the corresponding
is filed, you can go for PI, but you waive information upon existence of An Arrest Is Made By:
Rule 125 probable cause 1) Actual restraint
4. If info already filed without PI – you can 3) Require additional evidence. 2) Submission to the custody of the
ask for PI b) Complaint Filed with the MTC person making the Arrest
-judge shall act within 10 days
Note: 1) May dismiss the case for want When May A Warrantless Arrest Be Lawfully
- In the absence or unavailability of the of probable cause Made? (JPE)
inquest prosecutor, fled directly with 2) Require additional evidence - a peace officer or a private person may,
the court on basis of affidavit of: and within 10 days from notice, without a warrant, arrest a person (JPE)
o Offended party determine WON there is 1) When in his presence, the person to be
o Arresting officer / Person probable cause. arrested has committed, is actually
- Also filed in MTC if warrantless arrest 3) Issue a warrant of arrest / committing, or is attempting to commit
but needs no PI (may apply for bail) commitment order– if there is an offense (haa)
probable cause 2) When an offense has just been
4) May issue summons instead of committed and he has probable cause
warrant of arrest to believe based on personal knowledge
of facts and circumstances that the
person to be arrested has committed it
3) When the person to be arrested is an
escaped prisoner.
4) Arrest by judicial bondsmen
5) Accused on bail attempts to depart the

Note: Personal knowledge not necessarily of the

CRIME but of facts and circumstances indicating
that the person to be arrested has committed
the crime.

Vanslembrouck CrimPro Memory Aid |7

2 requirements for in flagrante delicto: (OIPV) Conditions of bail: (FAWE) Bail Should Be Denied
1. Overt act indicating that the has 1. Undertaking shall remain in force until a) Before RTC, offense DRL, evidence of
committed, is actually committing, or the promulgation of judgment guilt is strong
has just committed 2. Accused shall appear in court when b) After RTC, offense punishable by DRL
2. Committed in the presence or within he/she is ordered to do so c) After RTC, and penalty imposed is
the view of the arresting officer 3. Failure to appear in court without imprisonment greater than 6 years
justification will be a waiver of his right upon the following bail-negating
Duty of arresting officer if arrest is made to be present thereat – trial in absentia circumstances: (REP FC)
without a warrant: will proceed 1) Recidivist – Accused is a
1. State his authority to arrest; and 4. Bondsman will surrender the accused to recidivist, quasi-recidivist,
2. Cause of the arrest the court for execution habitual delinquent, or
committed the crime
Duty of private person if arrest is made No Release / Transfer unless: (OB) aggravated by reiteration
without a warrant: - order of court 2) Escaped – escaped from legal
1. State cause of the arrest; and - admitted to bail confinement, evaded sentence,
2. Intention to arrest him or violated the conditions of
If inquest NO BAIL yet, prosecutor will still look bail without valid justification
This double duty (above) is disposed if: at the arrest report and the affidavit of the (eve)
1. Engaged in the commission of the arresting officer and if he finds absence of 3) Probation – committed the
offense evidence, can be released. offense while under probation,
2. Pursuit immediately after its parole, conditional pardon (prc)
commission The accused can waive his appearance if 4) Flight Risk
3. Escapes, flees, or forcibly resists before stipulated in the conditions of the bail. 5) Crime Risk – undue risk that
officer could do so accused may commit another
4. Giving of such will imperil the arrest Bail As A Matter of Right crime during pendency of the
1) Before/After conviction by MTC appeal
RULE 114 2) Before RTC offense NOT punishable by d) Judgment of conviction has become
BAIL death, RP, life imprisonment final, UNLESS before finality accused
applies for probation
Bail (SRC-FAC) Bail is Discretionary e) After accused has commenced to serve
- security given 1) Before RTC, offense punishable by sentence
- for the release of a person in custody of death, RP, life imprisonment (check
law, WON guilt is strong=NO bail) Where to apply for bail:
- furnished by him or a bondsman, 2) After RTC, offense NOT punishable by - If appealed and before transmission of
- to guarantee his appearance before any death, RP, life imprisonment records to appellate court – RTC
court - If appealed and RTC conviction changed
from non-bailable to bailable offense –
Note: As long as there is deprivation of liberty. appellate court

Vanslembrouck CrimPro Memory Aid |8

Procedure in A Bail Hearing (Summary Guidelines in Fixing the Amount of Bail (FNPC Where is Bail Filed (Sec. 17)
Procedure) but MANDATORY (WON HAW PPFF) Excessive Bail NOT required 1) Court where case is pending
right/discretion) (NRWW-SCOO) 1) Financial ability of accused  Arrested in said area
1) Judge notifies prosecutor of hearing / 2) Nature and circumstance of the offense  Unavailability of judge – any
require him to submit his 3) Penalty for offense charged court in said area
recommendation 4) Character and reputation of the  No arrest; voluntary surrender
2) Prosecution shall present its witnesses accused  If the grant of bail is
with option of (1) examining them or 5) Age and health of the accused discretionary, or for
(2) adopting their affidavits. 6) Weight of evidence against the accused recognizance
3) Accused may submit affidavits of his 7) Probability of the accused appearing at 2) RTC of place where accused is arrested
witnesses to prove his innocence trial  If place is other than where the
4) Court shall examine affidavits and 8) Forfeiture of other bail case is pending
testimonies to see if evidence of guilt is 9) Fact that accused was a fugitive from  If no RTC judge, the MTC judge
strong. justice when arrested  Forward such bail and order of
5) Cross-examination from both sides of 10) Pendency of other cases where accused release to where case is
witnesses is on bail. pending (which may require a
6) Oral arguments of parties on WON the different one to be filed).
evidence of guilt is strong Cash bond must be deposited with: 3) Any court in the province, city,
7) 48 hours after hearing, court issues an 1. Nearest BIR collector municipality where he is held
order with brief summary of evidence, 2. Provincial, city or municipal treasurer  If there is an arrest but no case pending
as to WON evidence of guilt is strong (warrantless)
Corporate surety:
Note: 1. Accredited by SC Bail is Not Required (SMS – LO62)
- The evidence in bail hearing considered 2. Accused pays premium which he 1) Those under Summary Procedure
automatically reproduced at trial. doesn’t get back if acquitted 2) Person has been in custody for a period
- A judge must conduct a hearing of the equal to or more than the possible
application for bail regardless of WON Property bond: maximum imprisonment prescribed by
the prosecution refuses to present 1. Accused need not be owner the offense – shall be released
evidence to show that guilt of accused 2. Owner must be resident of the immediately.
is strong Philippines 3) Judge is satisfied no need for custody
- Motion to reduce bail is possible, but 3. Annotate the title within 10 days from (in cases in the MTC less than 4 years, 2
then will be asked to file a CASH BOND. approval of the bond months, 1 day), just summons
- Court cannot require arraignment 4) Violation of ordinance, light felony, or a
before posting bail Recognizance: criminal offense punishable by a
-undertaking that the accused shall appear in penalty not exceeding 6 Months
court and comply with its orders imprisonment, and/fine of P2,000
1. Accused himself where person unable to post the bond
2. Responsible member of the community

Vanslembrouck CrimPro Memory Aid |9

Note: A person may be released on a REDUCED An application for bail shall not bar the
bail or on his own recognizance when he is in accused from: (PAW)
custody for a period equal to or more than the 1. Assailing the regularity or questioning
minimum of the principal penalty prescribed for the absence of PI
the offense charged (without ISL or modifying 2. Challenging the validity of his arrest
circ.) 3. The legality of the warrant

Q: Once the accused is admitted to bail, may Note: Provided he raises them BEFORE plea.
the court INCREASE or REDUCE its amount?
 Yes, upon good cause. When increased, Random Notes:
the accused may be committed to - If accused is denied bail, Rule 65 to CA
custody if he does not give bail in the within 60 days - GADALEJ
increased amount within a reasonable - Denial of MTQ = proceed to TRIAL
period. without prejudice to reiterating the
special defenses
When may the court render a judgment of - Denial of MTD = certiorari under Rule
forfeiture? 65, GADALEJ
 If the accused fails to appear in person - MTQ granted = dismissed case, but the
= forfeited criminal information can be re-filed
 Bondsmen given 30 days to produce - Generally, you do not appeal an
their principal and show cause why no acquittal. May be challenged in a
judgment should be rendered against Petition for Certiorari under Rule 65 –
them for the amount of their bail (PS). must prove GADALEJ and coupled with
Within the said period, the bondsmen consent of the OSG.
must (PE)
o Produce their principal or give Some Crimes Punishable by reclusion perpetua
reason for non-production to death, and life imprisonment
o Explain why he did not appear - Parricide
when first required to do so. - Murder
- Drug-trafficking
Cancellation of bail: (ADE-SD) - Robbery with homicide
1. Automatic when - Rape with homicide
a. Accused acquitted; - Syndicated or large-scale estafa / illegal
b. Dismissal of case; or recruitment
c. Execution of judgment of
2. Upon application of bondsmen when:
a. Surrender of accused
b. Proof of his death
Vanslembrouck CrimPro Memory Aid |10