Rule 110- Prosecution of Offenses
Rule 111- Prosecution of Civil Action
Rule 112 – Preliminary Investigation
Rule 113- Arrest
Rule 114 – Bail
Rule 115 – Rights of Accused
Rule 116- Arraignment and Plea
Rule 117 – Motion to Quash
Rule 118- Pre-Trial
Rule 119- Trial
Rule 120- Judgment
Rule 121 – New Trial or Reconsideration
Rule 122 – Appeals
Rule 123 – Procedure in MTCs
Rule 124 - Procedure in CA
Rule 125 – Procedure in SC
Rule 126 – Search and Seizure
Rule 127- Provisional Remedies
Requirements of Due Process in Criminal Procedure
a) Court/tribunal properly clothed with judicial
power
b) Jurisdiction is lawfully acquired
c) Accused is given right to be heard
d) Judgment is rendered only upon lawful hearing
Requisites for the exercise of criminal jurisdiction
a) Jurisdiction over subject matter
b) Jurisdiction over territory
c) Jurisdiction over person accused
When a court has jurisdiction to try offenses not
committed within its territorial jurisdiction
a) Where the offense committed is under sec 2
a. Committed in n ship/plane
b. Counterfeit money
c. Introduction of counterfeit money
d. Public officers who committed offenses
in the exercise of their functions
e. Those who commits offenses against
national security or law of nation
b) Where the supreme court orders change of venue
to avoid mistrial
c) Offense is committed in a train, aircraft or ship
d) Case is cognizable by the Sandiganbayan
e) Case of written defamation – case where the
offended party is residing/ holding office
Courts will not issue writs of prohibition/ injunction to
restrain prosecution except:
a) Necessary to protect the constitutional rights of
the accused
b) Necessarily for orderly administration of justice
or to avoid oppression or multiplicity of actions
c) When there is a prejudicial question
d) When the acts of the officer are without or in
excess of authority
e) Where the prosecution is under an invalid law
f) Double jeopardy
M.
 Agunoy
g) Case is persecution rather than prosecution
h) Charges are manifestly false and motivated by
vengeance
i) No prima facie evidence of offence but motion to
quash has been denied
Criminal Jurisdiction of the MTC
a) Exclusive original jurisdiction over all violations
of city or municipal ordinances committed within
their respective territorial jurisdiction
b) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding 6
years, regardless of fine
c) Only penalty provided for by law is fine not
more than 4,000
d) Damage to property by criminal negligence
e) Violations of BP 22
f) Summary procedures of A,B,C
g) Special jurisdiction to decide on applications for
bail/warrant in the absence of all RTC judges in
that province/city
Criminal Jurisdiction of RTC
a) Exclusive jurisdiction in all criminal cases not
falling within the jurisdiction of any court,
tribunal or body, except those that falls under the
Sandiganbayan
b) Appellate jurisdiction over all cases decided by
the MTC
c) Special jurisdiction to handle cases designated by
the SC
d) Jurisdiction over criminal cases under specified
law
a. Written defamation
b. Intellectual property
c. Dangerous Drugs Act
e) Jurisdiction in money laundering cases
Criminal Jurisdiction of the Sandiganbayan
a) Violation of the anti graft and corruption
practices act, where one or more of the accused
are official occupying the following positions in
the government, whether in permanent, action or
interim capacity, at the time of the commission
of the offense.
i. Officials of the executive branch
occupying the positions of regional
director or higher, otherwise classified
as grade 27
ii. Members of congress
iii. Members of the judiciary
iv. Chairmen and members of
constitutional commissions
v. All other national and local official
classified as grade 27 and higher
b) Other offenses or felonies whether simple or
complexed with other crimes committed by
public officials
1
 c) Civil and criminal cases filed under executive
order nos. 1, 2,14 and 14-A.
Note: As of RA 8249, for Sandiganbayan to have
jurisdiction, the public officer no longer needs to be
the principal. He/she may simply be an accomplice or
an accessory. It is also sufficient that at least one of
the suspects is a public officer.
Offenses subject to the jurisdiction of the
Sandiganbayan:
a) RA 3019: Anti Graft and Corruption practices
act
b) RA 1379: Act declaring forfeiture in favor of the
state any property found to have been unlawfully
acquired by any public officer or employee.
c) Title VII of Book II of the RPC: Bribery in all its
forms including corruption of public officers
d) Other offenses or felonies committed by public
officials in relation to their office
Law mentions salary grade 27 ONLY in relation to the ff.
officials:
a) Officials of the executive branch occupying the
position of regional director and higher
b) Members of congress
c) All other national and local officials
When the actual specific allegations of the intimacy
between the offense and the offal duties of the accused
need not to appear in the information:
a) Public office is a constituent element of the
crime charged
b) If public office is not a constituted element of the
offense charged, the information has to contain
specific factual allegations showing the intimate
connection between the offense charged and the
public office and the discharge of his official
duties – whether improper or irregular
SUMMARY PROCEDURE
a) Violations of traffic laws, rules and regulations
b) Violations of rental laws and BP 22
c) Violations of municipal or city ordinances
d) All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding 6 months
e) Offenses involving damage to property through
criminal negligence
What should be done during preliminary Conference:
1. Entering into a stipulation of facts
2. Considering the propriety of allowing the
accused to enter a plea of guilty to a lesser
offense
3. Taking up such matters to clarify the issues and
to ensure a speedy disposition of cases
M.
 Agunoy
Prohibited pleadings, motions and petitions in
summary procedure:
1. Motion to quash the complaint/information if the
ground is lack of jurisdiction over the subject
matter.
2. Motion for bill of particulars
3. Motion for new trial, for consideration of
judgment or reopening of trial
4. Petition for relief of judgment
5. Motion for extension of time to file pleadings,
affidavits or any other paper
6. Memoranda
7. Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the
court.
8. Motion to declare the defendant in default.
9. Dilatory motions for postponement.
10. Reply
11. Third party complaints
12. Interventions
RULE 110: PROSECUTION OF OFFENSES
How criminal action is instituted
1. When preliminary investigation is required, by
filing the complaint with the proper officer for
the purpose of conducting the preliminary
investigation
2. If not required:
a. By filing the complaint or information
directly with the MTC/ MTTC
b. By filing directly with the office of the
prosecutor
3. In Manila and other chartered cities, complaint
shall be filed with the office of the prosecutor
Meaning of complaint
1. Sworn statement charging an offense
2. Subscribed by the offended party, any peace
officer, or other public officer charged with the
enforcement of the law violated
Meaning of Information
1. Accusation in writing
2. Charging a person with an offense
3. Subscribed by the prosecutor and filed with the
court
Powers of the prosecutor
1. Determine w/n a prima facie case exists
2. Decide which of the conflicting testimonies
should be believed free from the interference or
control of the offended party
3. Subject only to the right against self-
incrimination, determine which witnesses to
present in court.
Private crimes
2
 1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
3. Defamation of said acts
Successive authority in prosecution of abduction,
seduction and acts of lasciviousness:
1. Offended party
2. Her parents
3. Grand parents
4. Guardian
5. State
Sufficiency of the complaint or information
1. Name of the accused
2. Designation of the offense given by the state
3. Acts and omissions complained of as
constituting the offense
4. Name of offended party
5. Place where offense was committed
6. Approximate date of the commission of the
offense
It is sufficient that the complaint or information uses
ordinary and concise language sufficient enough to
enable the person of common understanding to know:
1. The offense being charged
2. Acts or omissions complained of as constituting
the offense
3. Qualifying and aggravating circumstances
Requisites for double jeopardy
1. First jeopardy have attached
a. Valid complaint/ information
b. Competent court
c. Defendant pleaded to the charge
2. First jeopardy must have been validly terminated
a. Acquitted
b. Convicted
c. Case dismissed
d. Terminated without his express consent
3. Second jeopardy must be:
a. For the same offense
b. Second offense necessarily includes or
is necessarily included in the offense
charged in the first information
c. There is an attempt to commit the same
d. There is a frustration thereof
Difference between substitution and amendment
1. Amendment may be made before or after plea ;
same with substitution
2. Amendment may be formal or substantial;
substitution is always substantial
3. Amendment may be effected without leave of
court; substitution is always with leave of court
since original information has to be dismissed
4. Formal amendment does not need another PU
and retaking of plea; substitution requires a new
M.
 Agunoy
PI and accused has to plead to the new
information
5. Amendment refers to the same offense charged;
substitution involves a different offense not
included or not necessarily included in the
original charge
6. Substantial amendments after plea cannot be
made over objection of accused, for if the
original information would be withdrawn, the
accused can invoke double jeopardy; in
substitution, accused cannot claim double
jeopardy
Venue of criminal actions
1. Where the offense was commuted OR
2. Any of its essential ingredients occurred
In case of written defamation
1. RTC of city/province where the article was first
published
2. If public officer – where his office is
3. If private person – where he resides
RULE 111: PROSECUTION OF CIVIL ACTION
When there is no implied institution of civil action
1. Offended party waives civil action
2. Reserves the right to institute civil action
separately (before prosecution starts presenting
evidence).
3. Offended party instituted the civil action prior to
the criminal action.
Independent Civil Actions
1. Art.32 – violation of rights and liberties of a
person
2. Art 33- fraud, defamation, physical injuries
3. Art.34- refusal of police to render aid or
protection to any person in case of danger to life
or property
4. Art.2176 – quasi delicts
a. Whoever by act or omission causes
damage to another, there being fault or
negligence, is obliged to pay for the
damage done. There should be no pre-
existing contractual relation.
If penal action was extinguished by acquittal, civil
action is not extinguished when:
1. Acquittal was based on reasonable doubt as only
preponderance of evidence is required in civil
cases
2. Court declares that civil liability of accused is
only civil
3. The civil liability of the accused does not aries
from or is not based upon the crime
Elements of pre-judicial question
3
 1. Previously instituted civil action involves an
issue similar or intimately related to the issue
raised in the subsequent criminal action
2. The resolution of such issue determines w/n the
criminal action may proceed
Requisites for a prejudicial question
1. Case involves facts intimately related to those
upon which the criminal prosecution would be
based
2. In the resolution of the issue/s raised in the civil
action, the guilt or innocence of the accused
would necessarily be determined
3. Jurisdiction to try said question must be lodged
in another tribunal
RULE 112: PRELIMINARY INVESTIGATION
Kinds of determination of probable cause
1. Executive
2. Judicial
Officers authorized to conduct preliminary
investigations
1. Provincial or city prosecutors and their assistants
2. National and regional state prosecutors
3. Other officers as may be authorized by law
4. COMELEC (now concurrent with other
prosecuting arms)
5. Ombudsman
6. PCGG
Information shall contain a certification by the
investigation officer under oath:
1. That he, or as shown by the record, an authorized
officer, has personally examined the complainant
and his witnesses
2. That there is reasonable ground to believe that a
crime has been committed
3. That the accused is probably guilty thereof
4. That the accused was informed of the complaint
of evidence submitted against him.
5. He was given an opportunity to submit
controverting evidence.
Sec. of Justice may dismiss petition to review motu
proprio or upon motion based on the ff. grounds:
1. Petition for review filed beyond period
prescribed
2. Prescribed procedure and requirements were not
complied with
3. There is no showing of any reversible error or
that the accused was already arraigned when the
appeal was taken
4. Appealed resolution is interlocutory in nature,
except when it suspends the proceedings based
on the alleged existence of a prejudicial question
M.
 Agunoy
5. Other legal and factual grounds that exist to
warrant a dismissal
When appeal to the Office of the president may be
taken:
1. Offense is punishable by reclusion perpetua to
death
2. New and material issues are raised which were
not previously presented before the DOJ
3. Prescription for the offense is not due to lapse
within 6 months from notice of assailed
resolution
4. Appeal or petition for review is filed within 30
days from notice
When warrant of arrest not necessary
1. When a complaint or information has already
been filed pursuant to a lawful warrantless arrest
2. Warrant has already been issued by the MTC
judge and the accused is already detained
3. Accused is charged for an offense punishable
only fine
4. When the case is subject to rules on summary
procedure
What should be sent to inquest officer to commence
inquest proceedings
1. Affidavit of arrest
2. Investigation report
3. Statements of complainants and witness
4. Other supporting documents
If Inquest prosecutor shall recommend dismissal:
1. Recommend release of detainee
2. Note down the disposition on referral document
3. Prepare a brief memorandum indicating the
reasons for the action he took and forward the
same together with the record of the case, to the
City or the provincial prosecutor.
RULE 113: ARREST
Requisites for the issuance of a search warrant
1. Probable cause
2. Personally determined by the judge
3. After examination under oath or affirmation of
the complainant and the witnesses he may
produce
When a warrantless arrest is lawful
1. In flagrante delicto exception
2. Hot pursuit exception
3. Escapee exception
4. Person previously lawfully arrested escapes or is
rescued (sec 13, rule 113)
5. Accused released on bail who attempts to depart
from the Philippines
4
Requisites for a warrantless arrest in flagrante delicto
1. Person to be arrested must execute an OVERT
act indicating that he has just committed, is
actually committing, or is attempting to commit
an offense
2. Such overt act is done in the presence or within
the view of the arresting officer
Requisites for a warrantless arrest in hot pursuit
1. Offense has just been committed
2. Person making the arrest has personal knowledge
of facts indicating that the person to be arrested
has committed it
When making an arrest by virtue of a warrant, the
officer shall inform person to be arrested:
1. Cause of his arrest
2. Fact that a warrant has been issued for his arrest
Need not be made when the person to be arrested:
1. Flees
2. Forcibly resists
3. Giving of the information will imperil the arrest
When making the arrest w/o warrant, officer shall
inform person to be arrested of his:
1. Of his authority
2. Cause of his arrest
Need not be given when person to be arrest is:
1. Engaged in the commission of an offense
2. In the process of being pursued
3. Escapes/flees
4. Forcibly resists
5. Giving of information will imperil the arrest
When a private person makes an arrest he shall
inform person to be arrested of his:
1. Intention to arrest
2. Cause of arrest
*need not be given on same instances as above
Rule 126: SEARCH AND SEIZURE
Where search warrant should be filed
• Any court within the judicial region where the
crime was committed
• Any court within the judicial region where the
warrant shall be enforced.
• If case has already been filed, where the criminal
action is pending.
Search warrants involing heinous crimes
• Executive judges of RTCs of Manila and QC
• Should be filed by PNP, NBI, Presidential Anti
organized crime task force, reaction against
crime task force
M.
 Agunoy
• Crimes covered: heinous crimes, illegal
gambling, dangerous drugs, illegal possession of
firearms
Property subject of search warrant
1. Personal property subject of the offense
2. Personal property stolen or embezzled and other
proceeds or fruits of the offense
3. Personal property used or intended to be used as
means of committing an offense
REQUISITES FOR A SEARCH WARRANT
1. Probable cause in connection with one specific
offense
2. Presence of probable cause is to be determined
by the judge personally
3. Determination by the judge must be made after
an examination under oath or affirmation of the
complainant and the witnesses he may produce
4. Warrant must specifically describe the place to
be searched and the things to be seized which
may be anywhere in the Philippines.
EXAMINATION BY THE JUDGE
1. Personally conducted by the judge
2. In the form of searching questions and answers
3. Complainant and witnesses shall be examined on
those facts personally known to them
4. Must be in writing and under oath
5. Sworn statements of the complainant and the
witnesses, together with affidavits submitted,
shall be attached to the record.
Search shall be made in the presence of:
1. Lawful occupant
2. Member of lawful occupant’s family
3. Two witnesses of sufficient age and discretion
residing in same locality
When officer may break in
1. Officer gives notice of his purpose and authority
2. He is refused admittance despite the notice
3. Purpose of break in is to execute the warrant or
to liberate himself.
Duties of the officer after search and seizure
1. Deliver property seized to the judge
2. Deliver a true inventory
Judge shall ascertain the
1. Issuance of detailed receipt for the property
received
2. Delivery of seized property to the courtl together
with the
3. True inventory
Where to file a motion to quash a search warrant or to
suppress evidence
1. Court where the action is instituted
5
 2. If no criminal action has been instituted, in the 3. Penalty for offense charged
court that issued the warrant. 4. Character and reputation of accused
5. Age and health of accused
Valid warrantless search and seizure 6. Weight of evidence against accused
1. Incidental to lawful arrest 7. Probability of the accused appearing at the trial
2. Evidence in plain view 8. Forfeiture of other bail
3. Moving vehicle 9. Fact that accused was a fugitive when arrested
4. Consented warrantless search 10. Pendency of other cases
5. Customs search
6. Stop and frisk/ Terry search When bail is not required – when law or Rules of
7. Customs search Court provide
8. Exigent and emergency circumstances 1. Person has been in custody for a period equal to
9. Search of vessel and aircraft or more than possible maximum imprisonment
10. Inspection of building and other premised for the 2. When maximum penalty imposable is destierro,
enforcement of fire, sanitary and building he shall be released after 30 days
regulations. 3. When offense is punishable by sentence not
exceeding 4yrs, 2mos and 1 day, judge may issue
Search incidental to lawful arrest limited to: summons instead of warrant.
1. Dangerous weapons 4. Violation of municipal or city ordinance
2. Anything which may have been used in the 5. Violation of light felony, penalty not being
commission of an offense higher than 6 months.
3. Anything which constitutes proof in the
commission of an offense Exceptions:
*Note: search msut be within the area of his a. Caught in flagrante
immediate control b. Confesses to commission of offense
c. Found to have previously escaped
Plain view doctrine d. Violation of sec.2 of RA 6036 –
1. Prior valid intrusion released on sworn statement but fails to
2. Discovery of evidence in plain view is report
inadvertent (no further search) e. Recidivist/habitual delinquent
3. Evidence immediately apparant f. Commits offense on parole/under
4. It is immediately apparent to the officer that the conditional pardon
item he observes may be evidence of a crime, g. Accused has been previously pardoned
contraband or otherwise subject to seizure. by municipal/city mayor for at least 3
times
Stop and Frisk
1. Reasonable belief that criminal activity has When bail NOT allowed
happened/ is about to happen and the person to 1. Person charged with capital offense/offense
be stopped is armed and dangerous punishable by reclusion perpetua/life
2. Mere pat down outside the person’s outer imprisonment and evidence of guilt is strong
garment a. Note: there should be a bail hearing!!
2. After a judgment of conviction has become final
Consented search must be 3. Accused has commenced to serve sentence
1. Unequivocal
2. Specific When application for bail after conviction by the RTC
3. Intelligently give shall be DENIED
4. Uncontaminated by duress or coercion 1. Penalty imposed is death/ reclusion perpetua/life
imprisonment
Rule 114: BAIL 2. Penalty imposed by trial court is at least
imprisonment exceeding six years, but not
Forms of Bail death/RP/LI, and the ff. circumstances are
1. Corporate surty present:
2. Property bond a. Accused is a recidivist/quasi-
3. Cash deposit recidivist/habitual delinquent/reitiracion
4. Recognizance b. Previously escaped/ evaded
sentence/violated conditions of bail
Guidelines in fixing amount of bail c. Committed an offense while under
1. Financial ability probation/parole/conditional pardon
2. Nature and circumstances of the offense d. Flight risk

M.
 Agunoy
 
6
 e. Undue rusk that he may commit another
crime during pendency of appeal
When bail is a matter of RIGHT
1. Before conviction of the MTC
2. After conviction by the MTC
3. Before conviction by the RTC of an offense not
punishable by D/RP/LI
When bail is a matter of DISCRETION
1. Accused has been convicted of an offense not
punishable by D/RP/LI
2. Sentenced to imprisonment exceeding six years
absent the conditions mentioned above (note that
even if all are absent bail is still subject to
judicial DISCRETION!!)
Where application/petition for bail may be filed
1. With the court where the case is pending
2. If the judge is absent/unavailable, with any
RTC/MTC judge in the
province/city/municipality.
3. RTC where accused is arrested, if unavailable,
MTC judge of same place.
4. When grant of bail is a matter od
discretion/accused seeks to be released on
recognizance, only in the court where the case is
pending.
5. If one is in custody but not yet charged, with any
court in the province/city/municipality where he
is held.
6. If nature of the offense was changed from non-
bailable to bailable, only in the appellate court.
Cancellation of bail
1. Upon application of bondsmen
a. Upon surrender of accused
b. Proof of his death
2. Automatic cancellation
a. Acquittal of accused
b. Dismissal of the case
c. Execution of judgment of conviction
Rule 115: RIGHTS OF THE ACCUSED
Rights of the accused
1. To be presumed innocent until the contrary is
proved beyond reasonable doubt.
2. To be informed of the nature and cause of the
accusation against him.
3. To be present and defend in person and by
counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.
a. The accused may, however, waive his
presence at the trial pursuant to the
stipulations set forth in his bail, unless
his presence is specifically ordered by
the court for purposes of identification.
M.
 Agunoy
b. The absence of the accused without
justifiable cause at the trial of which he
had notice shall be considered a waiver
of his right to be present thereat.
c. When an accused under custody
escapes, he shall be deemed to have
waived his right to be present on all
subsequent trial dates until custody over
him is regained.
d. Upon motion, the accused may be
allowed to defend himself in person
when it sufficiently appears to the court
that he can properly protect his right
without the assistance of counsel.
4. To testify as a witness in his own behalf but
subject to cross-examination on matters covered
by direct examination. His silence shall not in
any manner prejudice him.
5. To be exempt from being compelled to be a
witness against himself.
6. To confront and cross-examine the witnesses
against him at the trial. Either party may utilize
as part of its evidence the testimony of a witness
who is deceased, out of or can not with due
diligence be found in the Philippines, unavailable
or otherwise unable to testify, given in another
case or proceeding, judicial or administrative,
involving the same parties and subject matter, the
adverse party having the opportunity to cross-
examine him.
7. To have compulsory process issued to secure the
attendance of witnesses and production of other
evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner
prescribed by law.
Rights of Persons under Custodial Investigation (RA
7438)
1. Be assisted by counsel at all times
2. Be informed of his rights to remain silent and to
have competent and independent counsel,
preferably of his own choice, who shall at all
times be allowed to confer privately with the
person arrested, detained or under custodial
investigation. If such person cannot afford the
services of his own counsel, he must be provided
with a competent and independent counsel by the
investigating officer.
3. Custodial investigation report shall be reduced to
writing by the investigating officer, provided that
before such report is signed, or thumb marked if
the person arrested or detained does not know
how to read and write, it shall be read and
adequately explained to him by his counsel or by
the assisting counsel provided by the
investigating officer in the language or dialect
known to such arrested or detained person.
7
 4. Any extrajudicial confession made by a person
arrested, detained or under custodial
investigation shall be:
a. In writing
b. Signed by such person
c. In the presence of his counsel or in the
latter's absence, upon a valid waiver,
and in the presence of any of the
parents, elder brothers and sisters, his
spouse, the municipal mayor, the
municipal judge, district school
supervisor, or priest or minister of the
gospel as chosen by him; otherwise,
such extrajudicial confession shall be
inadmissible as evidence in any
proceeding.
5. Any waiver by a person arrested or detained
under the provisions of Article 125 of the
Revised Penal Code, or under custodial
investigation, shall be
a. in writing and
b. signed by such person
c. in the presence of his counsel; otherwise
the waiver shall be null and void and of
no effect.
6. Any person arrested or detained or under
custodial investigation shall be allowed visits by
or conferences with any member of his
immediate family, or any medical doctor or
priest or religious minister chosen by him or by
any member of his immediate family or by his
counsel, or by any national non-governmental
organization duly accredited by the Commission
on Human Rights of by any international non-
governmental organization duly accredited by
the Office of the President.
Guidelines to determine violation of right to speedy
trial
1. Length of delay
2. Reason for delay
3. Assertion or failure to assert such right by
accused
4. Prejudiced caused by delay
Factors for granting continuance
1. W/N failure to grant continuance would result to
miscarriage of justice
2. Where the case taken as a whole is so novel,
unusual and complex due to number of
accused/nature of prosecution
Rule 116: ARRAIGNMENT AND PLEA
In computing the period on when arraignment is to be
made, the ff. shall be excluded:
1. Time of the pendency of the motion to quash
2. Time for the pendency of bill of particulars
M.
 Agunoy
3. Other causes justifying suspension of
arraignment
Presence of offended party is needed for:
1. Plea bargaining (but if he fails to appear despite
notice, plea bargaining may be done without his
consent)
2. Determination of civil liability
3. Other matters requiring his presence
When plea of NOT GUILTY shall be entered
1. Accused refuses to plead
2. He makes conditional plea
3. He pleads guilty but presents exculpatory
evidence in which the guilty plea shall be
deemed withdrawn and a plea of not guilty shall
be entered.
Effects of plea of GUILTY
• Non-capital offense – court may receive
evidence to determine penalty to be imposed
• Capital offense – Judge should
1. Perform a searching inquiry
a. Ascertain voluntariness of plea
b. Ascertain w/n accused has full
comprehension of
consequences of his plea
2. Require the prosecution to prove
a. Guilt of accused
b. Degree of his culpability
3. Ask the accused if he wishes to present
evidence and allow the accused to
present evidence in his behalf if he so
desires
Requisites of a plea of guilty to lesser offense
1. Lesser offense is necessarily included in offense
charged
2. Plea must be with consent of both offended party
and prosecutor
a. Consent of offended party not required
when he fails to appear during
arraignment despite notice
3. Approved by the court
Duty of Court before arraignment
1. Inform the accused of his right to counsel
2. Ask him if he desires to have one
3. Assign a counsel de officio to defend him, unless
the accused:
a. Is allowed to defend himself
b. Has employed a counsel of his choice
Options of the accused before arraignment and plea
1. Bill of particulars
2. Suspension of arraignment
3. Motion to quash
4. Challenge validity of arrest/warrant/ question
absence of preliminary investigation
8

Bill of particulars
1. Must specify alleged defects of the
complaint/information
2. Shall specify details desired
Suspension of arraignment
1. Accused suffering from unsound mental
condition
2. Prejudicial question
3. Petition for review of the resolution of the
prosecutor which is pending either with the DOJ
or OP (shall not exceed 60 days!!)
Rule 117: MOTION TO QUASH
Forms and Contents of the Motion to quash
1. In writing
2. Signed by the accused/counsel
3. Shall distinctly specify the factual and legal
grounds of the motion
Grounds for motion to quash
1. That the facts charged do not constitute an
offense;
2. That the court trying the case has no jurisdiction
over the offense charged;
3. That the court trying the case has no jurisdiction
over the person of the accused;
4. That the officer who filed the information had no
authority to do so;
5. That it does not conform substantially to the
prescribed form;
6. That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law;
7. That the criminal action or liability has been
extinguished;
8. That it contains averments which, if true, would
constitute a legal excuse or justification; and
9. That the accused has been previously convicted
or acquitted of the offense charged, or the case
against him was dismissed or otherwise
terminated without his express consent
Failure to assert ground may be because
1. Accused did not file motion to quash
2. Accused filed motion to quash but failed to
allege the ground in said motion
Grounds not waived even if there was failure to assert
1. Facts do not constitute an offense
2. Court trying the case has no jurisdiction over
offense charged
CA order sustaining motion to quash not a bar to
another prosection EXCEPT when the ground relied
upon is either:
1. Extinction of the criminal liability
M.
 Agunoy
2. Double jeopardy
Requisites for DOUBLE JEOPARDY
1. First jeopardy must have attached
a. Valid complaint/information
b. Before competent court
c. After arraignment and with valid plea
2. First jeopardy must have been validly terminated
a. Convicted
b. Acquitted
c. Dismissed
d. Terminated w/o his express consent
3. Second jeopardy must be
a. Same offense
b. Second offense necessary includes or
c. Is necessary included
d. An attempt to commit the same
e. A frustration thereof
When double jeopardy shall not apply despite prior
conviction
1. Graver offense developed due to supervening
facts
2. Facts constituting graver charge became know or
were discovered only after a plea was entered in
former complaint/information
3. Plea of guilty of lesser offense was made w/o
consent of the prosecutor and of the offended
party except as provided in Sec.1 of rule 116.
Requisites for Provisional Dismissal
1. Express consent of the accused
2. Notice to the offended party
Note People v. Lacson: order of dismissal shall
become permanent one/two years after service of the
order of dismissal on the PUBLIC PROSECUTOR.
Rule 118: PRE-TRIAL
Courts in which pre-trial is mandatory
1. Sandiganbayan
2. RTC
3. MTC
Matters to be considered during pre-trial
1. plea bargaining;
2. stipulation of facts;
3. marking for identification of evidence of the
parties;
4. waiver of objections to admissibility of evidence;
5. modification of the order of trial if the accused
admits the charge but interposes a lawful
defense; and
6. such other matters as will promote a fair and
expeditious trial of the criminal and civil aspects
of the case.
Pre-Trial Order shall set forth:
9
 1. Actions taken during pre-trial conference
2. Facts stipulated
3. Admissions made
4. Evidence marked
5. Number of witnesses to be presented
6. Schedule of trual
Effect of the pre-trail order
1. Bind the parties
2. Limit trial to matters not disposed of
3. Control the course of action during trial
(EXCEPTION: trial is modified by court to
prevent manifest injustice)
Cases subject to JDR
1. All civil cases
2. Settlement of estates
3. Cases covered by summary procedure (except
violation of traffics rules and of municipal/city
ordinances)
4. Cases cognizable by lupong tagapamaya
5. Civil aspect of BP 22
6. Civil aspect of quasi-offenses under title 14 of
the RPC(reckless/simple imprudence)
7. Civil aspect of estafa and libel
8. Civil aspect of theft
Rule 119: TRIAL
1. Delay resulting from a physical and mental
examination of the accused
2. Delay resulting from proceedings with respect to
other criminal charges against accused
3. Delay resulting from extraordinary remedies
against interlocutory orders
4. Delay resulting from pre-trial proceedings;
provided, the delay does not exceed 30 days
5. Delay resulting from orders of inhibition, or
proceedings relating to change of venue of cases
or transfer from other courts
6. Delay resulting from a prejudicial question
7. Delay reasonably attributable to any period not
exceeding 30 days in which any proceeding
concerning accused is under advisement
8. Delay resulting from the absence or
unavailability of essential witnesses (witness is
absent when his whereabouts are unknown or
cannot be determined by due diligence. He is
unavailable when his whereabouts are known but
his presence cannot be obtained by due
diligence)
9. Delay resulting from the mental incompetence or
physical inability of the accused to stand trial
10. Delay from the date the charge was dismissed to
the date the time limitation would commence to
run as to the subsequent charge had there been
no previous charge if the information is
dismissed upon motion of the prosecution and
M.
 Agunoy
thereafter a charge is filed against the accused for
the same offense
11. Delay which is reasonable when accused is
joined for trial with a co-accused over whom the
court has not acquired jurisdiction or time for
trial has not run and no motion for separate trial
was granted
12. Delay resulting from a continuance granted by
any court motu proprio, or on motion of either
the accused or his counsel, or the prosecution, if
the court granted the continuance on the basis of
its findings set forth in the order that the ends of
justice served by taking such action outweigh the
best interest of the public and the accused in a
speedy trial
When delay or suspension is justified by reason of
absence of an ESSENTIAL witness
• ABSENT – whereabouts cannot be determined
• UNAVAILABLE – whereabouts are known but
presence cannot be obtained by due diligence
Factors to be considered for granting continuance
1. W/N failure to grant continuance would result to
miscarriage of justice
2. Where the case taken as a whole is so novel,
unusual and complex due to number of
accused/nature of prosecution
Prohibited grounds for continuance
1. Congestion of court’s calendar or due to lack of
diligent preparation
2. Failure to obtain available witnesses on the part
of the prosecutor
Order of trial
1. Prosecution shall present its evidence to prove
the charge and prove civil liability
2. Accused will present his evidence to prove his
defense and damages sustained
3. Prosecution may present its rebuttal evidence
unless the court allows it to present additional
evidence
4. Accused will present sur-rebuttal evidence unless
the court allows it to present additional evidence
5. Upon submission of evidence, the case shall be
deemed submitted for decision unless court
directs to argue orally or to submit written
memoranda
Modification of the order of
- Order of trial may be modified when the accused
admits the offense charged in the information but
interposes a lawful defense
How to secure appearance of material witness
1. Upon motion, either party may secure an order
from the court for a material witness to post bail
10
 for a sum deemed proper if court is satisfied
upon either a) proof, or b) oath that a material
witness will not testify when required.
2. If witness refuses to post bail, court shall commit
him to prison until he complies or is legally
discharged after his testimony has been taken
Requisites for discharge of accused to be a state
witness
1. There is absolute necessity for the testimony of
the accused whose discharge is requested
2. No other direct evidence available except the
testimony of the accused
3. Testimony of accused can be substantially
corroborated in its material points
4. Accused does not appear to be the most guilty
5. Accused has not at any time been convicted of
any offense involving moral turpitude
Requirements where the accused may be tried in
absentia
1. Already arraigned
2. Has been duly notified of the trial or hearing
3. Absence is unjustified
Instances when the presence of the accused is required
1. At arraignment and plea
2. During trial, whenever necessary for
identification purposes
3. At the promulgation of sentence unless it is for a
light offense.
Demurrer to evidence WITH leave of court
1. Motion for leave of court to file a demurrer shall:
- state its grounds and
- be filed within the non-extendible
period of 5 days after prosecution rests
its case.
- Prosecution may oppose the motion
within a non-extendible period of 5 days
from its receipt.
2. If the court grants the leave, the accused shall:
- file the demurrer within a non-
extendible period of 10 days from
notice.
- Prosecution may oppose within a
similar period from its receipt.
3. If court grants the demurrer
- CASE DISMISSED and ACCUSED IS
ACQUITTED
4. If court denies the demurrer
- Accused may adduce evidence in his
defense.
- Order denying the motion for leave of
court to file a demurrer shall not be
reviewable by appeal or certiorari
before judgment
Demurrer to evidence WITHOUT Leave of court
M.
 Agunoy
1. If demurrer is filed without leave of court and the
court grants it, the case is also dismissed and the
accused is acquitted.
2. If the demurrer is denied, the accused waives the
right to present evidence and submits the case for
judgment on the basis of the evidence of the
prosecution.
Requirements for reopening of proceedings:
1. Reopening must be before finality of judgment
2. Order is issued by judge on his own initiative or
upon motion
3. Order is issued only after a hearing is conducted
4. Order intends to prevent miscarriage of justice
5. Presentation of additional evidence should be
terminated within 30 days from the issuance of
order
Rule 120: JUDGMENT
Requisites
1. Written in the official language
2. Personally and directly prepared and signed by
the judge, and
3. Must contain clearly and distinctly a
a. statement of facts, and
b. the law upon which it is based
Jurisdictional requirements before validly rendering
of judgment
1. Jurisdiction over subject matter
2. Jurisdiction over the territory
3. Jurisdiction over the person accused
Judgment of CONVICTION shall state:
1. Legal qualification of the offense constituted by
the acts committed by the accused
2. Aggravating and mitigating circumstances which
attend the commission of the offense
3. Participation of the accused in the offense
4. Penalty imposed
5. Civil liability or damages caused by his wrongful
act or omission to be recovered from the accused
by the offended party, if there is any, unless the
enforcement of the civil liability by a separate
civil action has been reserved or waived
Judgment of ACQUITTAL shall state:
1. State w/n the evidence of the prosecution
a. Absolutely failed to prove guilt of the
accused
b. Merely failed to prove his guilt beyond
reasonable doubt
2. Determine if the act or omission from which the
civil liability might arise did exist
Variance doctrine
1. Offense proved is different from the offense
charged in the information or complaint
11
 2. Offense charged is either included in the offense
proved or necessarily includes the offense proved
Rule if the accused fails to appear in the promulgation
of judgment
1. If accused fails to appear at the scheduled
promulgation of judgment despite notice, the
promulgation shall be made by recording the
judgment in the criminal docket and serving him
a copy at his last known address or thru his
counsel
2. If judgment is for conviction, failure of accused
to appear without justifiable cause would make
him lose the remedies available against the
judgment; court will then order his arrest
a. Within 15 days from promulgation
however, accused may surrender and
file a motion for leave of court to avail
of the remedies
b. If his reason is justified, he shall be
allowed to avail remedies within 15
days from notice
When judgment becomes final
1. After lapse of the period for perfecting an appeal
2. When the sentence has been partially or totally
satisfied or served
3. When the accused has waived in writing his right
to appeal
4. When the accused has applied for probation
Rule 121: NEW TRIAL OR RECONSIDERATION
Grounds for new trial
1. Errors of law have been committed during the
trial  of its receipt of the complete record, transcripts,
2. Irregularities prejudicial to the substantial rights
of the accused have been committed during the
trial  required by RTC, within 15 days from receipt of
3. New and material evidence has been discovered  notice from RTC 
Requisites for newly discovered evidence
1. Evidence must have been discovered after trial  such memoranda/briefs or upon expiration of
2. It could not have been previously discovered and
produced at the trial even with the exercise of
reasonable diligence 
3. New and material evidence  Rule 123: PROCEDURE IN MUNICIPAL TRIAL COURTS
4. If introduced and admitted, it would probably
change the judgment  Rule 124: PROCEDURE IN COURT OF APPEALS
Grounds for RECONSIDERATION OF THE
JUDGMENT
1. Errors of law in the judgment which requires NO
FURTHER proceedings; and
2. Errors of fact which also requires no further
proceedings
Form
• In writing
M.
 Agunoy
• Shall state the grounds on which it is based.
• If based on newly-discovered evidence, the
affidavits of witnesses by whom such evidence is
expected to be given or by duly authenticated
copies of documents which are proposed to be
introduced in evidence
Effects of granting a new trial or reconsideration
1. When it is granted on the grounds of errors of
law or irregularities during trial, all the
proceedings and evidence affected shall be a) set
aside, and b) taken anew and the court, in the
interest of justice, may allow additional
evidence. 
2. When it is granted on the ground of newly-
discovered evidence, the evidence already
adduced shall stand. The new and additional
evidence shall be taken and considered together
with the evidence already in the record. 
Rule 122: APPEALS
Where to appeal
1. To the Regional Trial Court, in cases decided by
the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court, or
Municipal Circuit Trial Court; 
2. To the Court of Appeals or to the Supreme Court
in the proper cases provided by law, in cases
decided by the Regional Trial Court; and 
3. To the Supreme Court, in cases decided by the
Court of Appeals. 
Rule when appeal is to RTC
1. Clerk of court of the RTC shall notify the parties
exhibits of the case. 
2. Parties may submit their memoranda or briefs, as

3. RTC shall decide the case on the basis of record
and of the memoranda/briefs after submission of
period to file, also within 15 days from receipt of
memoranda/briefs
Conditions for clerk of court of CA to designate a
counsel de oficio: 
1. Accused is confined in prison 
2. Without counsel de parte on appeal 
3. Signed the notice of appeal himself 
Filing periods
• WITHIN 30 DAYS FROM RECEIPT OF
APPELLANT’S BRIEF:
12
 o Appellee shall file with the clerk of attorney, factor, broker, agent or clerk,
court in the course of his employment as
§ 7 copies of his brief with such, or by any other person in a
§ 2 copies of proof of service to fiduciary capacity, or for a willful
appellant violation of duty;
• WITHIN 20 DAYS FROM RECEIPT OF c. When the accused has concealed,
APPELLEE’S BRIEF: removed, or disposed of his property,
o Appellant shall file with the clerk of or is about to do so; and
court: d. When the accused resides outside the
§ A reply raised in Appellee’s Philippines
Brief not covered in
Appellant’s brief

When extension for filing briefs may be granted

• For good efficient cause AND
• Only if the motion for extension is filed before
the expiration
of the time sought to be extended

The CA can:
1. Reverese
2. Affirm
3. Modify judgment/penalty
4. Remand
5. Dismiss

Powers of the CA:

1. To try cases and conduct hearings
2. Receive evidence and perform all acts necessary
to resolve factual issues raised in cases falling
within its original and appellate jurisdiction
a. Includes the power to grant and
conduct new trial and further
proceedings.

Rule 125: PROCEDURE IN SUPREME COURT

When SC enbanc is equally divided:

1. Case shall be re-deliberated
2. If no decision is reached after re-deliberation, the
accused shall be ACQUITTED.

Rule 126: SEARCH AND SEIZURE

See above after rule 113

Rule 127: PROVISIONAL REMEDIES

When Preliminary Attachment is available

• Preliminary attachment is available in a criminal
case when the civil action is properly instituted
in the criminal action as provided in Rule 111 of
the Rules of Court and in the following cases:
a. When the accused is about to abscond
from the Philippines;
b. When the criminal action is based on a
claim for money or property embezzled
or fraudulently misapplied or converted
to the use of the accused who is a public
officer, officer of a corporation,

M.  Agunoy  
13