JURISDICTION Sec. 1. Scope.
— This rule shall govern the summary procedure in the Metropolitan Trial
BP 129 (1980), as amended
Sec. 20. Jurisdiction in criminal cases. – Regional Trial Courts shall exercise exclusive original
jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or
body, except those now falling under the exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively taken cognizance of by the latter.
Sec. 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts in criminal cases. – Except in cases falling within the exclusive original jurisdiction
of Regional Trial Courts and of the Sandiganbayan, the Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or municipal ordinances
committed within their respective territorial jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with imprisonment not
exceeding six (6) years irrespective of the amount of fine, and regardless of other
imposable accessory or other penalties, including the civil liability arising from such
offenses or predicated thereon, irrespective of kind, nature, value, or amount thereof:
Provided, however, That in offenses involving damage to property through criminal
negligence they shall have exclusive original jurisdiction thereof. (as amended by R.A, No.
7691)
Sec. 35. Special jurisdiction in certain cases. – In the absence of all the Regional Trial Judges in
a province or city, any Metropolitan Trial Judge, Municipal Trial Judge, Municipal Circuit Trial
Judge may hear and decide petitions for a writ of habeas corpus or applications for bail in
criminal cases in the province or city where the absent Regional Trial Judges sit.
Sec. 36. Summary procedures in special cases. – In Metropolitan Trial Courts and Municipal
Trial Courts with at least two branches, the Supreme Court may designate one or more
branches thereof to try exclusively forcible entry and unlawful detainer cases, those involving
violations of traffic laws, rules and regulations, violations of the rental law, and such other
cases requiring summary disposition as the Supreme Court may determine. The Supreme Court
shall adopt special rules or procedures applicable to such cases in order to achieve an
expeditious and inexpensive determination thereof without regard to technical rules. Such
simplified procedures may provide that affidavits and counter-affidavits may be admitted in
lieu of oral testimony and that the periods for filing pleadings shall be non-extendible.
Rev. Rules on Summary Procedure (1991)
Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, and the Municipal Circuit
Trial Courts in the following cases falling within their jurisdiction:
B. Criminal Cases:
(1) Violations of traffic laws, rules and regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine not exceeding (P1,000.00), or both,
irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising
therefrom: Provided, however, that in offenses involving damage to property through criminal
negligence, this Rule shall govern where the imposable fine does not exceed ten thousand
pesos (P10,000.00).
This Rule shall not apply to a civil case where the plaintiffs cause of action is pleaded in the
same complaint with another cause of action subject to the ordinary procedure; nor to a
criminal case where the offense charged is necessarily related to another criminal case subject
to the ordinary procedure.
Sec. 11. How commenced. — The filing of criminal cases falling within the scope of this Rule
shall be either by complaint or by information: Provided, however, that in Metropolitan Manila
and in Chartered Cities. such cases shall be commenced only by information, except when the
offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the compliant and of
his witnesses in such number of copies as there are accused plus two (2) copies for the court's
files. If this requirement is not complied with within five (5) days from date of filing, the care
may be dismissed.
Sec. 12. Duty of court. —
(a) If commenced by compliant. — On the basis of the compliant and the affidavits and
other evidence accompanying the same, the court may dismiss the case outright for being
patently without basis or merit and order the release of the amused if in custody.
(b) If commenced by information. — When the case is commenced by information, or is
not dismissed pursuant to the next preceding paragraph, the court shall issue an order
which, together with copies of the affidavits and other evidence submitted by the
prosecution, shall require the accused to submit his counter-affidavit and the affidavits of
his witnesses as well as any evidence in his behalf, serving copies thereof on the
complainant or prosecutor not later than ten (10) days from receipt of said order. The
prosecution may file reply affidavits within ten (10) days after receipt of the counter-
affidavits of the defense.
Sec. 13. Arraignment and trial. — Should the court, upon a consideration of the complaint or
information and the affidavits submitted by both parties, find no cause or ground to hold the
accused for trial, it shall order the dismissal of the case; otherwise, the court shall set the case
for arraignment and trial.
If the accused is in custody for the crime charged, he shall be immediately arraigned and if he
enters a plea of guilty, he shall forthwith be sentenced.
Sec. 14. Preliminary conference. — Before conducting the trial, the court shall call the parties
to a preliminary conference during which a stipulation of facts may be entered into, or the
propriety of allowing the accused to enter a plea of guilty to a lesser offense may be
considered, or such other matters may be taken up to clarify the issues and to ensure a speedy
disposition of the case. However, no admission by the accused shall be used against him unless
reduced to writing and signed by the accused and his counsel. A refusal or failure to stipulate
shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits submitted by the parties shall
constitute the direct testimonies of the witnesses who executed the same. Witnesses who
testified may be subjected to cross-examination, redirect or re-cross examination. Should the
affiant fail to testify, his affidavit shall not be considered as competent evidence for the party
presenting the affidavit, but the adverse party may utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be allowed to testify unless his affidavit was
previously submitted to the court in accordance with Section 12 hereof.
However, should a party desire to present additional affidavits or counter-affidavits as part of
his direct evidence, he shall so manifest during the preliminary conference, stating the purpose
thereof. If allowed by the court, the additional affidavits of the prosecution or the counter-
affidavits of the defense shall be submitted to the court and served on the adverse party not
later than three (3) days after the termination of the preliminary conference. If the additional
affidavits are presented by the prosecution, the accused may file his counter-affidavits and
serve the same on the prosecution within three (3) days from such service.
Sec. 16. Arrest of accused. — The court shall not order the arrest of the accused except for
failure to appear whenever required. Release of the person arrested shall either be on bail or
on recognizance by a responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court shall promulgate the
judgment not later than thirty (30) days after the termination of trial.
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for conciliation under the
provisions of Presidential Decree No. 1508 where there is no showing of compliance with such
requirement, shall be dismissed without prejudice and may be revived only after such
requirement shall have been complied with. This provision shall not apply to criminal cases
where the accused was arrested without a warrant.
Sec. 19. Prohibited pleadings and motions. — The following pleadings, motions or petitions
shall not be allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the complaint or information except on
the ground of lack of jurisdiction over the subject matter, or failure to comply with the
preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings, affidavits or any other paper;
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition against any interlocutory order issued
by the court;
(h) Motion to declare the defendant in default;
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
Sec. 20. Affidavits. — The affidavits required to be submitted under this Rule shall state only
facts of direct personal knowledge of the affiants which are admissible in evidence, and shall
show their competence to testify to the matters stated therein.
A violation of this requirement may subject the party or the counsel who submits the same to
disciplinary action, and shall be cause to expunge the inadmissible affidavit or portion thereof
from the record.
Sec. 21. Appeal. — The judgment or final order shall be appealable to the appropriate regional
trial court which shall decide the same in accordance with Section 22 of Batas Pambansa Blg.
129. The decision of the regional trial court in civil cases governed by this Rule, including
forcible entry and unlawful detainer, shall be immediately executory, without prejudice to a
further appeal that may be taken therefrom. Section 10 of Rule 70 shall be deemed repealed.
Sec. 22. Applicability of the regular rules. — The regular procedure prescribed in the Rules of
Court shall apply to the special cases herein provided for in a suppletory capacity insofar as
they are not inconsistent herewith.
Sec. 23. Effectivity. — This revised Rule on Summary Procedure shall be effective on
November 15, 1991.
PD 1606 (1978), as amended
Sec. 4. Jurisdiction. The Sandiganbayan shall have jurisdiction over:
 (a) Violations of Republic Act No. 3019, as amended, otherwise, known as the Anti-Graft
and Corrupt Practices Act, and Republic Act No. 1379;
(b) Crimes committed by public officers and employees including those employed in
government-owned or controlled corporations, embraced in Title VII of the Revised Penal
Code, whether simple or complexed with other crimes; and
(c) Other crimes or offenses committed by public officers or employees, including those
employed in government-owned or controlled corporations, in relation to their office.
The jurisdiction herein conferred shall be original and exclusive if the offense charged is
punishable by a penalty higher than prision correccional, or its equivalent, except as herein
provided; in other offenses, it shall be concurrent with the regular courts.
In case private individuals are charged as co-principals, accomplices or accessories with the
public officers or employees including those employed in government-owned or controlled
corporations, they shall be tried jointly with said public officers and employees.
Where an accused is tried for any of the above offenses and the evidence is insufficient to
establish the offense charged, he may nevertheless be convicted and sentenced for the offense
proved, included in that which is charged.
Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability arising from the offense
charged shall at all times be simultaneously instituted with, and jointly determined in the same
proceeding by, the Sandiganbayan, the filing of the criminal action being deemed to necessarily
carry with it the filing of the civil action, and no right to reserve the filing of such action shall
be recognized; Provided, however, that, in cases within the exclusive jurisdiction of the
Sandiganbayan, where the civil action had therefore been filed separately with a regular court
but judgment therein has not yet been rendered and the criminal case is hereafter filed with
the Sandiganbayan, said civil action shall be transferred to the Sandiganbayan for consolidation
and joint determination with the criminal action, otherwise, the criminal action may no longer
be filed with the Sandiganbayan, its exclusive jurisdiction over the same notwithstanding, but
may be filed and prosecuted only in the regular courts of competent jurisdiction; Provided,
further, that, in cases within the concurrent jurisdiction of the Sandiganbayan and the regular
courts, where either the criminal or civil action is first filed with the regular courts, the
corresponding civil or criminal action, as the case may be, shall only be filed with the regular
courts of competent jurisdiction.
Excepted from the foregoing provisions, during martial law, are criminal cases against officers
and members of the armed forces in the active service.
A.M. No. 02-6-07-SB (Aug. 28, 2002)
REVISED INTERNAL RULES of the SANDIGANBAYAN
PURSUANT to Section 9 of Presidential Decree No. 1606, as amended, the Sandiganbayan
adopts and promulgates the following REVISED INTERNAL RULES OF THE SANDIGANBAYAN.
PART I
GENERAL PROVISIONS
RULE I
TITLE, COVERAGE AND CONSTRUCTION
Section 1. Title of the Rules. – These Rules shall be known and cited as the REVISED INTERNAL
RULES OF THE SANDIGANBAYAN.
Section 2. Coverage. – These Rules shall apply to the internal operations of the Sandiganbayan.
The Rules of Court, resolutions, circulars, and other issuances promulgated by the Supreme
Court relating to or affecting the Regional Trial Courts and the Court of Appeals, insofar as
applicable, shall govern all actions and proceedings filed with the Sandiganbayan.
Section 3. Construction. - These Rules shall be liberally construed to promote a just,
expeditious and inexpensive determination of every action and proceeding brought before the
Sandiganbayan.
RULE II
ORGANIZATIONAL SET-UP
Section 1. Composition of the Court and Rule on Precedence. -
(a) Composition - The Sandiganbayan is composed of a Presiding Justice and fourteen
(14) Associate Justices appointed by the President of the Philippines.
(b) Rule on Precedence - The Presiding Justice shall enjoy precedence over the other
members of the Sandiganbayan in all official functions. The Associate Justices shall
have precedence according to the order of their appointments.
(c) The Rule on Precedence shall apply;
1) In the seating arrangement;
2) In the choice of office space, facilities and equipment, transportation
and cottages;
(d) The Rule on Precedence shall not be observed:
1) In social and other non-official functions.
 2) To justify any variation in the assignment of cases, amount of
compensation, allowances or other forms of remuneration.
Section 2. Sandiganbayan En banc. - The Sandiganbayan en banc shall have exclusive control,
direction and supervision of all matters pertaining to the conduct of its affairs. The Presiding
Justice shall implement the policies and resolutions adopted by the Sandiganbayan en banc.
Section 3. Constitution of the Division. - The Sandiganbayan shall sit in five (5) Divisions of three
(3) Justices each, including the Presiding Justice. The five (5) Divisions may sit separately at the
same time. Each of the five (5) most senior Associate Justices including the Presiding Justice,
shall be the Chairman of a Division; each of the five (5) Associate Justices next in rank shall be
the Senior Member of a Division; and each of the last five (5) Associate Justices shall be the
Junior Member of a Division.
Section 4. Filling up of Vacancy due to Absence or Temporary Incapacity. -
(a) In the office of the Presiding Justice to exercise the powers and perform the duties
of his office, the most senior Associate Justice shall act as Presiding Justice until the
regular Presiding Justice returns and re-assumes his office, or his incapacity is
removed.
(b) In the position of Division Chairman - In the absence or temporary incapacity of
a Chairman of a Division, the Senior Member of said Division shall act as Chairman;
in the absence or temporary incapacity of both the Chairman and Senior Member of
a Division, the Junior Member of said Division shall act as Chairman, notwithstanding
the seniority of the Special Members designated to complete the membership of said
Division. The Senior Member or Junior Member, as the case may be, shall act as
Chairman until the regular Chairman re-assumes his office or his incapacity is
removed.
(c) In the position of Senior or Junior Member - In the absence or temporary
incapacity of a Senior or Junior Member of a Division, the Presiding Justice shall
designate an Associate Justice of the Court from any of the other Divisions, to be
determined by rotation on the basis of the reverse order of precedence or, if this be
not feasible, by raffle among those available, to sit as Special Member of said Division
until the regular member re-assumes his office or his incapacity is removed. The
Associate Justice so designated shall continue as a regular member of his own
Division.
(d) Authority and Prerogatives of acting Chairman and Special Member - The Acting
Chairman or Special Member so designated pursuant to paragraphs (b) and (c) above
shall exercise the authority and prerogatives of a regular Chairman or Member of
said Division, as the case may be, in the trial or resolution of cases assigned thereto.
Section 5. Filling Up of Permanent Vacancy. -
(a) In the position of the Presiding Justice - A permanent vacancy in the position of
Presiding Justice shall be filled by a new Presiding Justice duly appointed by the
President of the Philippines. In the interim, the most senior Associate Justice shall
exercise the powers and perform the duties of the Presiding Justice.
(b) In the position of a Division Chairman - If a permanent vacancy occurs in the
position of Chairman of a Division, the most senior Associate Justice in the
Sandiganbayan who is not yet a Chairman shall become Chairman of that Division.
(c) In the position of Senior Member of a Division - If a permanent vacancy occurs in
the position of Senior Member of a Division, the most senior ranking among the
Junior Members of the Sandiganbayan shall become Senior Member of the Division.
(d) In the position of Junior Member of a Division - If a permanent vacancy occurs in
the position of Junior Member of a Division, the Associate Justice appointed by the
President of the Philippines shall be the Junior Member of the Division.
(e) In the positions of Senior and Junior Members of a Division - If permanent
vacancies occur simultaneously in the positions of Senior and Junior Members of a
Division, the vacancies shall be filled in the manner stated in the preceding
paragraphs (c) and (d).
(f) Effect of the Appointment of a New Associate Justice - The appointment of a new
Associate Justice and his assumption of the vacant position in the Division as its
Junior Member shall not disturb the composition of the other Divisions and shall not
prejudice the consequent changes in the ranking or seniority among the Associate
Justices.
(g) Ranking Within a Division Does Not Affect Seniority in the Sandiganbayan - The
ranking of the Associate Justices within each Division does not affect their seniority
in the Sandiganbayan which is based on the order of their respective appointments.
Section 6. Court Officials and their Duties. -
(a) Clerk of Court - The Clerk of Court is the administrative officer of the
Sandiganbayan. He shall discharge his functions under the control and supervision of
the Sandiganbayan en banc through the Presiding Justice.
As administrative officer, he shall take direct charge of the administrative operations
of the Sandiganbayan and exercise general supervision over its subordinate officials
and employees except those belonging to the staff of the Presiding Justice and the
Associate Justices. He shall assist the Presiding Justice in the formulation of programs
and policies for consideration and action of the Sandiganbayan en banc. The Clerk of
Court shall act as its Secretariat and prepare its agenda, minutes of meetings and
resolutions.
 (b) Division Clerks of Court - Each Division of the Sandiganbayan shall have a staff (a) Committee on Personnel - On matters involving personnel such as recruitment,
composed of one (1) Division Clerk of Court and such personnel as the exigencies of appointment, monitoring of leaves of absence, training, change of organizational
the service may require. structure, creation of positions, discipline, retirement and termination of services.

(1) In the exercise of their functions, the Division Clerk of Court and the (b) Committee on Budget and Finance - On matters involving: (1) the preparation of
staff shall be under the control and supervision of the Division through its annual budget for submission to the Sandiganbayan en banc for approval, (2)
Chairman. allotment of funds, (3) accounting, and (4) all financial transactions.

(2) The Division Clerk of Court shall have, among other duties and (c) Committee on Security and Safety - On matters involving: (1) formulation of
responsibilities, direct control and supervision over the staff of the security policies, (2) enforcement and implementation of safety measures such as
Division; keep watch over the status and progress of cases assigned to the wearing of I.D. cards, control of visitors, etc.
Division; monitor papers, pleadings and motions filed with the Receiving
Section in connection with any pending case and update the records of (d) Committee on Records Management and Information Service - On matters
cases to be acted upon by the Division, both in the completion process and involving the management of records, information, statistical data and
decisional stage, such as, but not limited to, the filing of briefs, memoranda computerization.
and other legal papers within the allowable periods, preparation of the
agenda of motions and other incidental matters for action by the Division;
(e) Committee on Employee Welfare and Benefits - On matters involving: (1) creation
release minute resolutions, notices of decisions, resolutions and hearings,
and maintenance of medical and dental services, (2) establishment and operation of
summonses, subpoenas, writs and other processes by and under the
a health and welfare plan, (3) establishment and supervision of canteen for Justices,
authority of the Chairman of the Division; supervise the stenographers in
officials and employees, cultural and sports activities, (4) maintenance of shuttle
the recording of the proceedings and preparation of its minutes; receive
buses and other equipment for employees and, (5) other related matters regarding
the decisions and resolutions of the Division for promulgation; and make
employee welfare and benefits.
entries of judgment in accordance with the Rules of Court.

(f) Committee on Legal and Research Services - On matters involving library services,
(3) The Division Clerk of Court shall immediately report to the Chairman
publication of decisions and circulars of the Sandiganbayan, research on Legal issues
and Members of the Division the failure of any party to comply with any
and other related matters referred to it by the Sandiganbayan.
resolution or order of the Sandiganbayan within the period prescribed
therefor.
(g) Committee on Buildings and Grounds - On matters involving: (1) the construction,
repairs, improvements and maintenance of buildings and grounds, (2) the
Section 7. Appointment of Court Officials and Other Employees. -
installation of safety and necessary devices, (3) formulation and submission of
proposals for the acquisition of sites, construction and maintenance of buildings for
The Supreme Court shall appoint the Clerk of Court, the Division Clerks of Court and all other the Sandiganbayan's sessions outside Metro Manila.
personnel of the Sandiganbayan upon recommendation of the Sandiganbayan en banc chosen
from a list of qualified applicants prepared in accordance with the Civil Service Law, rules and
(h) Committee on Purchase and Acquisition of Facilities, Equipment and Supplies -
regulations.
On matters involving the purchase, acquisition, maintenance and disposal of
vehicles, office equipment, supplies, books, computers and furniture of the
All resignations and terminations of services of officials and employees of the Court shall be Sandiganbayan, and conducting required biddings and awards in relation thereto.
submitted by the Sandiganbayan en banc through the Presiding Justice to the Supreme Court
for appropriate action.
(i) Committee on Rules - On matters involving the revision of the internal rules,
circulars and administrative orders of the Sandiganbayan.
Section 8. Standing Committees. - The following standing committees, each composed of a
Chairman and at least two (2) members, all of whom are appointed by the Sandiganbayan en
(j) Committee on Raffle of Cases - On matters involving the raffle and assignment of
banc, shall assist the Sandiganbayan in the following administrative matters:
cases, the conduct of the regular raffle of cases filed with the Sandiganbayan,
classification of cases for purposes of consolidation before the scheduled raffle, and
the propriety and legality of conducting a special raffle of particular cases motu
proprio or upon motion of a litigant.
 (k) Committee on Social Affairs and Liaison - On matters involving the social activities
of the Sandiganbayan, and liaison with other government offices and agencies.
The Presiding Justice shall be a non-voting ex-officio member of all standing committees. The
members of the standing committee shall serve for a term of one (1) year from date of
appointment by the Sandiganbayan en banc.
The foregoing notwithstanding, the Sandiganbayan may create ad hoc committees for specific
projects or undertakings. It may also modify the functions and responsibilities of the standing
committees as the need therefor arises.
The various standing and ad hoc committees shall submit their recommendations to the
Sandiganbayan en banc for appropriate action.
RULE III
POWERS AND FUNCTIONS OF THE SANDIGANBAYAN
Section 1. Exercise of Adjudicatory Powers and Functions. - The Sandiganbayan shall exercise
its adjudicatory powers, functions and duties through its five (5) Divisions. It sits en banc for
the exercise of its administrative, ceremonial and non-adjudicatory functions.
Section 2. Matters Cognizable by the Sandiganbayan En banc. - The Sandiganbayan shall sit en
banc to:
(a) Promulgate rules or orders, amend, revise or repeal existing rules or orders or
parts thereof, and formulate and adopt policies relative to administrative matters,
such as the distribution of cases and the internal operation and management of the
Court.
(b) Recommend to the Supreme Court the appointment of the Clerk of Court,
Division Clerks of Court and other court employees chosen from a list of all qualified
applicants for each vacant position prepared in accordance with the Civil Service Law
rules and regulations, except for positions that are confidential in nature and co-
terminous with the term of office of a particular Associate Justice to whom they are
assigned who shall make the proper endorsement to the Sandiganbayan en banc for
recommendation to the Supreme Court.
(c) Act on organizational matters, such as the creation or abolition of offices, unit or
service or their regrouping or merger as the exigencies of the service may require.
(d) Receive foreign and local dignitaries, important guests and visitors, honor a
colleague or retiring member of the Sandiganbayan, and hold appropriate funeral
services for deceased members.
(e) Adopt uniform administrative measures, procedures, and policies for the
protection and preservation of the integrity of the judicial processes, the speedy
disposition of cases and the promotion of efficiency of the personnel.
(f) Provide a forum for discussion of various issues or matters.
(g) Take up other administrative matters which the Presiding Justice or any member
of the Sandiganbayan may suggest for consideration.
Section 3. Supreme Court Creation of Special Division. -
The Sandiganbayan en banc may request or recommend to the Supreme Court the creation of
a Special Division to try cases where compelling reasons and the interest of justice so require.
PART II
ORIGINAL ACTIONS
RULE IV
SESSIONS AND TRIALS
Section 1. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its
principal office in the Metro Manila area and shall hold sessions thereat for the trial and
resolution of cases filed with it: Provided, however, that cases originating from Luzon, Visayas
and Mindanao, shall be heard in the region of origin, except only when the greater convenience
of the parties and of the witnesses or other compelling considerations require the contrary, in
which instance a case originating from one region may be heard in another region: Provided,
further, that for this purpose the Presiding Justice shall authorize any Division or Divisions of
the Sandiganbayan to hold sessions at any time and place outside Metro Manila, and, where
the greater interest of justice so requires, outside the Philippines.
Section 2. Support Personnel and Facilities In Sessions Outside of Principal Office in Metro
Manila. - In sessions outside of its principal office in Metro Manila, the Sandiganbayan may
require the services of the personnel and the use of facilities of the courts or other government
offices where any of the Divisions is holding sessions and the personnel of such courts or offices
shall be subject to the orders of the Sandiganbayan acting through the Chairman of the
Division.
Section 3. Regular Court Sessions. -
(a) Sandiganbayan En banc. - The regular sessions of the Sandiganbayan en
banc shall be held at least twice a month on a Friday morning, particularly on the
first and third week of the month. The Presiding Justice or at least eight (8) Associate
Justices may call a special session at another date and time.
(b) Divisions - Regular sessions for trial of cases brought to and cognizable by the
Sandiganbayan shall be from 8:30 A.M. at 12:00 noon or from 2:00 P.M. to 4:30 P.M.,
 from Monday to Friday. The Division Chairman, however, for urgent and valid
reasons, may schedule the hearing of a case assigned to his Division on other dates
and time after consultation with the parties.
RULE V
ISSUANCE OF PROCESSES
Section 1. Writs and Processes Issued By The Court. - Writs and processes of the
Sandiganbayan, such as arrest or search warrants, which by requirement of law or the Rules of
Court must be signed by a Justice, shall be issued by the Chairman of the Division, or in his
absence, the Senior Member in the Division, or, in the absence of the latter, the Junior
Member. However, where there is an urgent necessity for the issuance thereof before the case
is raffled to a Division, the writ or process shall be issued by the Presiding Justice. In the
absence of the Presiding Justice, the same shall be issued by the most senior Associate Justice
of the Sandiganbayan in attendance.
Section 2. Writs and Processes Issued by Clerks of Court. - All other writs and processes shall
be issued by the Clerk of Court or the Division Clerk of Court, upon order of the Division through
the Chairman or anyone acting as such, under the seal of the Sandiganbayan.
RULE VI
BAIL
Section 1. How Amount Fixed; Approval. - The amount of bail to be posted in cases of bailable
offenses shall be fixed by the Chairman of the Division to which they are assigned or any Justice
of the Division acting in his behalf. Such bail may be approved by any Justice of the Division to
where the case is assigned or in their absence, by any Justice of the Sandiganbayan. The
approved bail shall be immediately submitted to the members of the Division for confirmation.
Where none of the Justices of the Sandiganbayan is available or where the accused is arrested,
detained or otherwise placed in custody outside the Metro Manila area, Sections 17 and 19,
Rule114 of the Rules of Criminal Procedure shall apply.
RULE VII
MOTIONS
Section 1. Motion Day. - Except for motions which may be acted upon ex parte, all motions
shall be scheduled for hearings on a Friday, or if that day is a non-working holiday, on the next
working day.
Motions requiring immediate action may be acted upon on shorter notice.
In appealed cases, the provision of Sec. 3, Rule 49 of the 1997 Rules of Civil Procedure, as
amended, on Motions shall apply.
Section 2. Resolution on Interlocutory or Incidental Motions. - Rulings on all written motions
on interlocutory or incidental matters submitted to any regular Division for resolution shall be
reached in consultation among and by the unanimous vote of the three (3) Justices
participating in the consideration thereof: Provided, however, that rulings on oral motions or
objections made in the course of the trial or hearing shall be made by the Chairman of the
Division: Provided, further, that oral motions or objections on substantial but interlocutory or
incidental matters may be ordered reduced into writing and shall likewise be resolved by the
unanimous vote of the three (3) Justices of the Division.
In case a unanimous vote cannot be obtained, a Special Division of five (5) Justices shall be
constituted pursuant to Section 1(b), Rule VIII. A majority vote of such Special Division shall
suffice to decide interlocutory or incidental motions.
A demurrer to evidence shall be resolved or decided within ninety (90) days from its
submission.
RULE VIII
RENDITION OF JUDGMENT OR FINAL ORDER
Section 1. Votes Required to Decide. -
(a) En banc. - The vote of at least eight (8) members of the Sandiganbayan shall be
required for the adoption of a resolution.
(b) In Division - The unanimous vote of three (3) Justices in a Division shall be
necessary for the rendition of a judgment or final order. In the event a unanimous
vote is not obtained, the Presiding Justice shall designate by raffle and on rotation
basis two (2) Justices from all the other members of the Sandiganbayan to sit
temporarily with them, forming a Special Division of five (5) Justices, and the vote of
a majority of such Special Division shall be necessary for the rendition of a judgment
or final order.
Section 2. Procedure in Deciding Cases. - The conclusions of a regular or Special Division of the
Sandiganbayan in any case submitted to it for decision shall be reached in consultation among
the members thereof before the case is assigned to one of them for the writing of the opinion
of the Division.
A certification to this effect signed by the Presiding Justice shall be issued and a copy thereof
attached to the record of the case and served upon the parties. Any Member who took no part,
dissented or abstained from a decision or resolution must state the reason therefor.
Section 3. Judgment in Joint Trials. - In a joint trial involving more than one case, the Division
may render a joint or separate judgment when appropriate. In case there are more than one
(1) accused, the Division may also render judgment, for or against one or more of the accused,
when proper. In either case, where the required unanimous vote is not secured, a Special
Division of five (5) Justices shall be constituted to resolve the remaining case or the criminal or
civil liability of the remaining accused. In such case, a vote of the majority shall be required.
Section 4. Promulgation of Judgment. - A judgment in a criminal case of a Division of the
Sandiganbayan shall be promulgated by reading the judgment or sentence in the presence of
the accused and any member of the Division which rendered the judgment.
In case an incident arises during the promulgation, the same shall be submitted in writing for
resolution to the Division which rendered the judgment.
Where the judgment is promulgated outside Metro Manila, the Division which rendered the
judgment may authorize another Division sitting outside Metro Manila to promulgate the
judgment and resolve all incidents during the promulgation therein.
In the absence of the accused, Sec. 6, Rule 120 of the Revised Rules of Court shall apply.
RULE IX
MOTION FOR NEW TRIAL OR RECONSIDERATION
Section 1. Period to File Motion For New Trial or Reconsideration. - A Motion for New Trial or
Reconsideration of a decision or final order may be filed within fifteen (15) days from
promulgation of the judgment or from notice of the final order or judgment, and such Motion
shall be decided within thirty (30) days from its submission.
Section 2. The Justices Who Shall Act on a Motion for New Trial or Reconsideration. -
(a) Motions for New Trial or Reconsideration of a decision or resolution shall be acted
upon by the Ponenteand the other members of the Division who participated in the
decision or resolution sought to be reconsidered, irrespective of whether or not such
members are already in other divisions at the time the said motions were filed. They
shall be deemed constituted as a Special Division of the Division to which
the Ponente belonged at the time of the promulgation of the decision or resolution.
(b) If the Ponente is no longer a member of the Sandiganbayan or is disqualified or
has inhibited himself from acting on the motion, he shall be replaced by another
Justice who shall be chosen by raffle from among the remaining members of the
Division who participated in the decision or resolution and who concurred therein.
(c) If only one (1) member of the Division who participated and concurred in the
decision or resolution remains, he shall be the Ponente.
(d) Any vacancy in the Special Division shall be filled by raffle from among the other
members of the Sandiganbayan to constitute a Special Division of five (5) members.
(e) If the Ponente and all members of the Division that rendered the decision or
resolution are no longer members of the Sandiganbayan, the new Chairman may
assign the case to any member of the Division and the motion shall be acted upon
by him with the participation of the other members of the Division.
(f) Motions for reconsideration shall be resolved by a Division by unanimous vote of
its members, and in case of a Special Division of five (5), by the concurrence of a least
three (3) of its members.
Section 3. Grounds for New Trial in Civil Cases. - A new trial may be granted in civil cases
decided by the Sandiganbayan in the exercise of its original jurisdiction on the grounds
provided in Section 1 of Rule 37 of the 1997 Rules of Civil Procedure.
In civil cases appealed to or decided by the Sandiganbayan, a new trial may be granted on the
ground provided in Section 1 of Rule 53 of the 1997 Rules of Civil Procedure.
Section 4. Grounds for New Trial in Criminal Cases. - A new trial may be granted in criminal
cases decided by the Sandiganbayan in the exercise of its original jurisdiction on the grounds
provided in Sec. 2 of Rule 121 or on the ground provided in Sec. 14, Rule 124 of the Rules of
Criminal Procedure in criminal cases appealed to or decided by the Sandiganbayan.
Section 5. Effect of Granting a New Trial. - When a new trial is granted in civil cases, the
provisions of Rule 37 or Rule 53 shall apply in the proper case. When a new trial is granted in
criminal cases, Rule 121 or Rule 124 shall apply in the proper case.
Section 6. Period to Decide Case on New Trial. - When a New Trial is granted in the cases under
the immediately preceding Sections 3, 4, and 5, the same period of time granted to the
Sandiganbayan to decide a case submitted for decision shall apply.
Section 7. Form of Disposition. - In all cases where the Sandiganbayan grants new trial or
reconsideration, the original judgment shall be set aside or vacated and a new or amended
judgment rendered accordingly.
Section 8. Effect of Filing an Appeal in the Supreme Court. - No Motion for Reconsideration or
New Trial shall be acted upon if the movant has filed with the Supreme Court an appeal
by certiorari or a motion for extension of time to file such petition. The Motion for
Reconsideration or New Trial pending with the Sandiganbayan shall be deemed abandoned
upon the filing of the petition.
RULE X
REVIEW OF JUDGMENTS AND FINAL ORDERS
Section 1. Method of Review. -
(a) In General - A party may appeal from a judgment or final order of the
Sandiganbayan imposing or affirming a penalty less than death, life imprisonment
or reclusion perpetua in criminal cases, and, in civil cases, by filing with the Supreme
Court a petition for review on certiorari in accordance with Rule 45 of the 1997 Rules
of Civil Procedure.
 (b) Exceptions - Where the judgment or final order of the Sandiganbayan, in the
exercise of its original jurisdiction, imposes the penalty of life imprisonment
or reclusion perpetua or where a lesser penalty is imposed involving offenses
committed on the same occasion or which arose out of the same occurrence that
gave rise to the more serious offense for which the penalty of death, reclusion
perpetua or life imprisonment is imposed, the appeal shall be taken by filing a notice
of appeal with the Sandiganbayan and serving a copy thereof to the adverse party.
(c) Automatic Appeal - Whenever the Sandiganbayan in the exercise of its original
jurisdiction imposes the death penalty, the records shall be forwarded to the
Supreme Court for automatic review and judgment within five (5) days after the
fifteenth (15th) day following the promulgation of the judgment or notice of denial
of a Motion for New Trial or Reconsideration. The transcript shall also be forwarded
within ten (10) days after the filing thereof by the stenographic reporter.
Whenever the Sandiganbayan, in the exercise of its appellate jurisdiction, finds that
the penalty of death, reclusion perpetua or life imprisonment should be imposed, it
shall render judgment accordingly, However, it shall refrain from entering the
judgment and forthwith certify the case and elevate its entire record to the Supreme
Court for review.
(d) Form, Finality and Enforcement of Decisions and Final Orders - Section 7 of
Presidential Decree No. 1606, as amended, governs the form, finality and
enforcement of decisions and final orders rendered by the Sandiganbayan through
its Divisions.
PART III
MODES OF APPEAL TO THE SANDIGANBAYAN
RULE XI
APPEAL AND PETITION FOR REVIEW
Section 1. Ordinary Appeal. - Appeal to the Sandiganbayan from a decision rendered by a
Regional Trial Court in the exercise of its original jurisdiction shall be by ordinary appeal under
Rules 41 and 44 of the 1997 Rules of Civil Procedure or Rules 122 and 124 of the Rules of
Criminal Procedure as amended, as the case may be.
Section 2. Petition for Review. - Appeal to the Sandiganbayan from a decision of the Regional
Trial Court in the exercise of its appellate jurisdiction shall be by Petition for Review under Rule
42 of the 1997 Rules of Civil Procedure.
PART IV
PROVISIONS COMMON TO ORIGINAL AND APPEALED CASES AND PETITIONS FOR REVIEW
RULE XII
ASSIGNMENT, DISTRIBUTION AND CONSOLIDATION OF CASES
Section 1. Distribution of Cases. - All cases filed with the Sandiganbayan shall be distributed
among the five (5) Divisions for hearing and decision by regular raffle at 1:30 P.M. of every
Friday or if that day is a non-working day, on the next succeeding working day, at the session
hall of the First Division. A special raffle of a case may be conducted by the Raffle Committee
before the next regular raffle day for valid and urgent reasons determined by the Chairman of
the Raffle Committee or, in his absence, by any of the members thereof.
Section 2. Consolidation of Cases. - Cases arising from the same incident or series of incidents,
or involving common questions of fact and law, may be consolidated in the Division to which
the case bearing the lowest docket number is raffled.
(a) Before Cases Are Raffled - Should the propriety of consolidation appear upon the
filing of the cases concerned as determined by the Raffle Committee, all such cases
shall be consolidated and considered as one case for purposes of the raffle and
inventory of pending cases assigned to each of the Divisions.
(b) After Cases Are Raffled - Should the propriety of such consolidation before
apparent only after the cases are raffled, consolidation may be effected upon written
motion of a litigant concerned filed with the Division taking cognizance of the case
to be consolidated. If the motion is granted, consolidation shall be made to the
Division in which the case with the lowest docket number is assigned. The Division
to which the cases are consolidated shall transfer to the Division from which the
consolidated cases came, an equivalent number of cases of approximately the same
age, nature and stage in the proceedings, with proper notice to the parties in said
cases.
Section 3. Assignment of Cases; Permanent. - Cases assigned to a Division of the
Sandiganbayan shall remain with said Division notwithstanding changes in its composition. All
matters raised therein shall be resolved by all the Justices who are members of the Division at
the time said matters were submitted for resolution. However, only such Justices who are
members of the Division at the time the case is submitted for decision shall take part in the
resolution of the case. If a member of the Division ceases to be a member of the Sandiganbayan
for any reason whatsoever, the Associate Justice chosen to fill the vacancy in accordance with
the manner provided in Sec. 4 or 5, Rule II of these Rules shall participate in the resolution of
said case.
Section 4. Cases Submitted for Decision; Assignment to Ponente. -
(a) In original actions, a case shall be considered submitted for decision upon the
filing of the last pleading, brief or memorandum required by the Rules of Court or by
the Sandiganbayan or the expiration of the period to do so.
(b) In appealed cases and petitions for review, the case shall be deemed submitted
for decision or resolution upon the filing of the last pleading, brief or memorandum
required by the Revised Rules of Court or by the Court itself.
(c) Motions and other incidents in a case shall be deemed submitted for resolution
when so declared by the Court.
(d) Within five (5) days from submittal of the case or matter for decision or
resolution, the Chairman of the Division shall assign by raffle a member thereof to
study and make a report on the case or matter. If the Chairman fails to make the
assignment, he shall be deemed to be the one to study and report on the case.
(e) Within ninety (90) days from the time the case was submitted for decision or
resolution, the Justice to whom the case is assigned for study and report shall submit
a written report thereon to the other members of the Division for consultation. The
Chairman shall include the case in an agenda for a meeting of the Division for its
deliberation.
(f) After such deliberation, if the other members of the Division agree with the
report, the member to whom the case is assigned for study and report shall write
the decision for signature and immediate promulgation. Minutes of the meeting shall
be kept.
(g) Within ten (10) days from the date of the deliberation, a justice may submit his
dissent to the other members of the Division. The written dissenting opinion shall
not be attached to the rollo. The Chairman of the Division shall then refer the case
to the Presiding Justice who shall designate by raffle two justices on rotation basis
from all the other members of the Sandiganbayan to sit temporarily with them,
forming a Special Division of Five.
(h) After a member of the Division has expressed his dissent in writing and the Special
Division of Five is thus constituted, it shall retain the case until its final disposition
despite changes in its membership caused by reorganization or other causes.
(i) After due consultation, the members of the Special Division of Five whose opinion
constitute the majority shall choose from among them the ponente. Any member
may write a separate concurring or dissenting opinion, which, together with the
majority opinion shall be duly promulgated and attached to the rollo.
(j) If the consultation in the Special Division of Five results in a unanimous
concurrence, all its members shall sign the decision or resolution.
(k) If the justice to whom the case is assigned for study and report is transferred to
another Division as its permanent member, he shall bring with him and write his
report of the cases assigned to him in his original Division together with the other
members of the Division to which the case was submitted for decision.
The Division from which the Justice to whom the case is assigned for study and report
came shall be known as a Special Division.
(l) If the Justice to whom the case is assigned for study and report ceases to be a
member of the Sandiganbayan, due to retirement, resignation or for any other
cause, his pending cases shall remain with the Division to which they were assigned.
However, in appropriate cases and for compelling reasons, the Chairman may assign
said cases to the new appointee for study and report.
(m) An Associate Justice who is about to retire shall not be assigned cases for study
and report three (3) months before his retirement date.
Section 5. Grounds for Inhibition of Division Members. -
A Division member may inhibit himself from a case on the following grounds:
(a) When he was the Ponente of the appealed decision of the lower court;
(b) When he was counsel or member of a law firm which was counsel in a case before
the Division; or he, his wife or child is pecuniarily interested in said case as heir,
legatee, creditor or otherwise; or he is related to either party in the case within the
sixty degree of consanguinity or affinity or to counsel within the fourth degree,
computed according to the rules of the civil law; or he has been executor,
administrator, guardian or trustee in the case.
A Division member may inhibit himself for any compelling reason other than those
mentioned above.
Section 6. Effect of Inhibition from Particular Cases. - Should the Chairman of a Division inhibit
himself or is disqualified from participating in a case, it shall be transferred to any of the four
(4) other Divisions by raffle. If a Senior or Junior Member inhibits himself or is disqualified in a
case, he shall be replaced in accordance with the procedure stated in Section 4 (c) of Rule II
but the case shall remain with the Division.
RULE XIII
MISCELLANEOUS PROVISIONS
Section 1. Publication of Decision. - The decision of the Sandiganbayan may be published in
the Official Gazette in the language in which they have been originally written. The syllabi for
the decisions shall be prepared by the Clerk of Court in consultation with the writers thereof.
Section 2. Seal of The Sandiganbayan. - The seal of the Sandiganbayan shall be of standard
size, circular in form, consisting of two concentric circles as its margin with the inscription,
running from left to right, on the upper margin the word "Sandiganbayan" and, on the lower
margin, the words "Republika ng Pilipinas," with 13 stars representing the existing judicial
regions immediately along the outer edge of the inner circle; and with a design at the center,
of a triangle with a trisected area composed of the national colors of which on its upper part,
blue on the left and red on the right, with the words "KATAPATAN" on the left side,
"KAPANAGUTAN" on the right side, and "KARANGALAN" on the base; a star in each corner of
the triangle representing Luzon, Visayas and Mindanao; and a bolo inside the triangle on which
is superimposed a balance.
Section 2. Repealing Clause. - Upon effectivity of these Rules, all rules, circulars and
administrative orders of the Sandiganbayan inconsistent therewith are hereby repealed.
Section 3. Effectivity Clause.- These Rules shall take effect on October 1, 2002 following its
publication in two (2) newspapers of general circulation.
A.M. No. 02-1-18-SC (Feb. 28, 2002)
RULE ON JUVENILES IN CONFLICT WITH THE LAW
Section 1. Applicability of the Rule. – This Rule shall apply to all criminal cases involving
juveniles in conflict with the law.
A juvenile in conflict with the law is a person who at the time of the commission of the offense
is below eighteen (18) years of age but not less than nine (9) years of age.
This Rule shall not apply to an accused who at the time of initial contact as defined in Section
4(p) of this Rule, or at any time thereafter, shall have reached the age of eighteen (18), in which
case the regular rules on criminal procedure shall apply without prejudice to the rights granted
under Sections 36, 37, 38 and 39 of this Rule. (n)
Section 2. Objective.– The objective of this Rule is to ensure that the justice system treats
every juvenile in conflict with the law in a manner that recognizes and upholds his human
dignity and worth, and instills in him respect for the fundamental rights and freedoms of
others. The Rule considers his developmental age and the desirability of his reintegration into
and assumption of a constructive role in society in accordance with the principle of restorative
justice.
To attain this objective, the Rule seeks:
a) To provide a procedure in the adjudication of juveniles in conflict with the law that
takes into account their distinct circumstances and assures the parties of a fair
hearing with their constitutional and statutory rights recognized and respected;
b) To divert from the justice system juveniles who can be cared for or placed under
community-based alternative programs of treatment, training and rehabilitation in
conformity with the principle of restorative justice;
c) To deal with the juvenile in a family environment whenever possible, separate him
from his parents only when necessary for his welfare or in the interest of public
safety;
d) To remove from juveniles in conflict with the law the stigma of criminality and the
consequences of criminal behavior; and
e) To provide for the care, protection and wholesome moral, mental, and physical
development of juveniles in conflict with the law.
Section 3. Interpretation.– This Rule shall be interpreted liberally to promote the best interests
of the child in conformity with Philippine laws and the United Nations’ Convention on the
Rights of the Child.
Section 4. Definitions. – As used in this Rule,
(a) To be in conflict with the law means being charged with the commission of an act
defined and punished as a crime or offense under the law, including violations of
traffic laws, rules and regulations, and ordinances of local government units.
(b) Serious offense refers to any offense not covered by Section 1, par. B, Criminal
Cases, of the Rule on Summary Procedure, to wit: (1) violations of traffic laws, rules
and regulations; (2) violations of the rental law; (3) violations of municipal or city
ordinances; (4) all other offenses punished with imprisonment not exceeding six
months, or a fine not exceeding one thousand pesos (P1,000.00), or both,
irrespective of other imposable penalties, accessory or otherwise, or of the civil
liability arising therefrom; provided, however, that in offenses involving damage to
property through criminal negligence, the imposable fine is not in excess of ten
thousand pesos (P10,000.00).
(c) Youth detention center refers to a government-owned or operated agency
providing habilitative and rehabilitative facilities where a juvenile in conflict with the
law may be physically restricted pending court disposition of the charge against him.
(d) Intake report is a preliminary written report containing the personal and other
circumstances of the juvenile in conflict with the law and prepared by the social
worker assigned by the Department of Social Welfare and Development (DSWD) or
local government unit to assist him as soon as he enters the justice system.
(e) Case study report is a written report of the result of an investigation conducted
by the social worker designated by the Family Court on the social, cultural, economic
and legal status or condition of the juvenile in conflict with the law. It includes,
among others, his developmental age; educational attainment; family and social
relationships; the quality of his peer group; the strengths and weaknesses of his
family; parental control over him; his attitude toward the offense; the harm or
damage done to others resulting from the offense; his record of prior offenses, if
any; and the attitude of his parents towards his responsibility for the offense.
(f) Diversion refers to an alternative child-appropriate process of determining the
responsibility and treatment of a juvenile in conflict with the law on the basis of his
social, cultural, economic, psychological or educational background without
resorting to formal court adjudication.
(g) Diversion programs refer to programs that the juvenile in conflict with the law is
required to undergo in lieu of formal court proceedings.
(h) Disposition conference is a meeting held by the court with the social worker who
prepared the case study report together with the juvenile in conflict with the law and
his parents or guardian ad litem, for the purpose of determining the disposition
measures appropriate to the personal and peculiar circumstances of the juvenile.
(i) Recognizance is an undertaking in lieu of a bond assumed by a parent or custodian
who shall be responsible for the appearance in court by the juvenile in conflict with
the law when required.
(j) Probation is a disposition alternative under which a juvenile in conflict with the
law is released and permitted to remain in his home after conviction and sentence.
The juvenile is subject to conditions imposed in the sentence and to supervision by
the court and a probation officer who has the duty to return the juvenile to the court
in case of violation of a condition of his probation.
(k) Suspended sentence is the holding in abeyance of the service of the sentence
imposed by the court upon a finding of guilt of the juvenile in conflict with the law
who will undergo rehabilitation.
(l) Community continuum is a community-based group therapy process that provides
continuous guidance and support to the juvenile in conflict with the law upon his
release from rehabilitation and his reintegration into society.
(m) Age of criminal responsibility is the age when a juvenile who is nine (9) years or
over but under fifteen (15) years commits an offense with discernment.
(n) Discernment means the mental capacity to understand the difference between
right and wrong and its consequences.
(o) Restorative Justice is a principle which requires a process of resolving conflicts
with the maximum involvement of the victim, the offender, and the community. It
seeks to obtain reparation for the victim, reconciliation of the offender, the offended
and the community and reassurance to the offender that he can be reintegrated into
society. It also enhances public safety by activating the offender, the victim and the
community in prevention strategies.
(p) Initial contact is the apprehension or taking into custody of a juvenile in conflict
with the law by law enforcement officers or private citizens. It includes the time
when the juvenile receives a subpoena under Section 3 (b) of Rule 112 of the Revised
Rules of Criminal Procedure or summons under Section 6 (a) or Sec. 9 (b) of the same
Rule in cases that do not require preliminary investigation or where there is no
necessity to place the juvenile under immediate custody.
(q) Corporal punishment is any kind of physical punishment inflicted on the body as
distinguished from pecuniary punishment or fine.
Section 5. Exemption from Criminal Liability.– A minor under nine (9) years of age at the time
of the commission of the offense shall be exempt from criminal liability.
A minor nine (9) years and above but under fifteen (15) years of age at the time of the
commission of the offense shall be committed to the care of his father or mother, or nearest
relative or family friend, in the sound discretion of the court and subject to its supervision.
However, if the prosecution proves that he has acted with discernment, he shall be proceeded
against in accordance with Sections 24 to 28, or 36 to 40 of this Rule, as the case may be, and
subjected to a delinquency prevention program as determined by the court.
Exemption from criminal liability does not include exemption from civil liability which shall be
enforced in accordance with the provisions of Article 221 of the Family Code in relation to
Article 101 of the Revised Penal Code and Rule 111 of the Revised Rules of Criminal Procedure.
In case the act or omission of the juvenile involves a quasi-delict, Article 2180 of the Civil Code
shall apply.
Section 6. Procedure in Taking a Juvenile into Custody. – Any person taking into custody a
juvenile in conflict with the law shall:
(a) Identify himself and present proper identification to the juvenile;
(b) Inform the juvenile of the reason for such custody and advise him of his
constitutional rights in a language or dialect understood by him;
(c) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the juvenile;
(d) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
(e) Refrain from subjecting the juvenile to greater restraint than is necessary for his
apprehension;
 (f) Avoid violence or unnecessary force;
(g) Notify the parents of the juvenile or his nearest relative or guardian, if any, and
the local social welfare officer as soon as the apprehension is made;
(h) Take the juvenile immediately to an available government medical or health
officer for a physical and mental examination. The examination results shall be kept
confidential unless otherwise ordered by the Family Court. Whenever treatment for
any physical or mental defect is necessary, steps shall be immediately taken by the
said officer to provide the juvenile with the necessary and proper treatment; and
(i) Hold the juvenile in secure quarters separate from that of the opposite sex and
adult offenders.
Section 7. Taking Custody of a Juvenile Without a Warrant. – A peace officer or a private
person taking into custody a juvenile in conflict with the law without a warrant shall likewise
follow the provisions of Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal
Procedure and shall forthwith deliver him to the nearest police station. The juvenile shall be
proceeded against in accordance with Section 7 of Rule 112.
Section 8. Conduct of Initial Investigation by the Police. – The police officer conducting the
initial investigation of a juvenile in conflict with the law shall do so in the presence of either of
the parents of the juvenile; in the absence of both parents, the guardian or the nearest relative,
or a social welfare officer, and the counsel of his own choice. In their presence, the juvenile
shall be informed of his constitutional rights during custodial investigation.
The right of the juvenile to privacy shall be protected at all times. All measures necessary to
promote this right shall be taken, including the exclusion of the media.
Section 9. Fingerprinting and Photographing of the Juvenile. – While under investigation, no
juvenile in conflict with the law shall be fingerprinted or photographed in a humiliating and
degrading manner. The following guidelines shall be observed when fingerprinting or
photographing the juvenile:
(a) His fingerprint and photograph files shall be kept separate from those of adults
and shall be kept confidential. They may be inspected by law enforcement officers
only when necessary for the discharge of their duties and upon prior authority of the
Family Court;
(b) His fingerprints and photographs shall be removed from the files and destroyed:
(1) if the case against him is not filed, or is dismissed; or (2) when the juvenile reaches
twenty one (21) years of age and there is no record that he committed an offense
after reaching eighteen (18) years of age.
Section 10. Intake Report by the Social Welfare Officer. – Upon the taking into custody of a
juvenile in conflict with the law, the social welfare officer assigned to him by the DSWD shall
immediately undertake a preliminary background investigation of the juvenile and submit,
prior to arraignment of the juvenile, a report on his findings to the Family Court in which the
case may be filed.
Section 11. Filing of Criminal Action. – A criminal action may be instituted against a juvenile in
conflict with the law by filing a complaint with the prosecutor or the municipal trial court in
cases where a preliminary investigation is required. In Manila and other chartered cities, if
their charters so provide, the complaint shall be filed with the Office of the Prosecutor. It may
also be filed directly with the Family Court if no preliminary investigation is required under
Section 1 of Rule 112 of the Revised Rules of Criminal Procedure.
All criminal actions commenced by complaint or information shall be prosecuted under the
direction and control of the public prosecutor assigned to the Family Court.
Section 12. Prosecution of Civil Action. – When a criminal action is instituted against a juvenile
in conflict with the law, the action for recovery of civil liability arising from the offense charged
shall be governed by Rule 111 of the Revised Rules of Criminal Procedure.
Section 13. Preliminary Investigation. – As far as consistent with this Rule, the preliminary
investigation of a juvenile in conflict with the law shall be governed by Section 3 of Rule 112 of
the Revised Rules of Criminal Procedure. If clarificatory questions become necessary, the Rule
on Examination of a Child Witness shall apply.
If a preliminary investigation is required before the filing of a complaint or information, the
same shall be conducted by the judge of the Municipal Trial Court or the public prosecutor in
accordance with the pertinent provisions of Rule 112 of the Revised Rules of Criminal
Procedure.
If the investigating prosecutor finds probable cause to hold the juvenile for trial, he shall
prepare the corresponding resolution and information for approval by the provincial or city
prosecutor, as the case may be. The juvenile, his parents/nearest relative/guardian and his
counsel shall be furnished forthwith a copy of the approved resolution.
Section 14. Venue. – Subject to the provisions of Section 15, Rule 110 of the Revised Rules of
Criminal Procedure, any criminal or civil action involving a juvenile in conflict with the law shall
be instituted and tried in the Family Court of or nearest the place where the offense was
committed or where any of its essential elements occurred.
Section 15. Recognizance. – Before final conviction, all juveniles charged with offenses falling
under the Revised Rule on Summary Procedure shall be released on recognizance to the
custody of their parents or other suitable person who shall be responsible for the juveniles’
appearance in court whenever required.
Section 16. When Bail a Matter of Right. – All juveniles in conflict with the law shall be
admitted to bail as a matter of right before final conviction of an offense not punishable by
death, reclusion perpetua or life imprisonment.
In the event the juvenile cannot post bail for lack of financial resources, the Family Court shall program or undergo formal court proceedings. In making its recommendation, the Committee
commit the juvenile pursuant to Section 18 of this Rule. shall consider the following factors:

However, where the juvenile does not pose a threat to public safety, the Family Court may, a) The record of the juvenile on his conflict with the law;
motu proprio or upon motion and recommendation of the DSWD, release the juvenile on
recognizance to the custody of his parents or other responsible person. b) Whether the imposable maximum penalty of the offense is more than six (6)
months, regardless of fine; or only a fine, regardless of amount;
Section 17. When Bail Not A Matter of Right. – No juvenile charged with an offense
punishable by death, reclusion perpetua or life imprisonment shall be admitted to bail when c) Whether the juvenile is an obvious threat to himself and/or the community;
evidence of guilt is strong.
d) Whether the juvenile is unrepentant;
Section 18. Care of Juveniles in Conflict with the Law. – The juvenile charged with having
committed a delinquent act, held for trial or while the case is pending appeal, if unable to
e) Whether the juvenile or his parents are indifferent or hostile; and
furnish bail or is denied bail, shall, from the time of his being taken into custody, be committed
by the Family Court to the care of the DSWD, a youth detention center, or a local rehabilitation
center recognized by the government in the province, city or municipality within the f) Whether the juvenile’s relationships with his peers increase the possibility of
jurisdiction of the said court. The center or agency concerned shall be responsible for the delinquent behavior.
juvenile’s appearance in court whenever required. In the absence of any such center or agency
within a reasonable distance from the venue of the trial, the juvenile shall be detained in the If the Committee recommends diversion, it shall submit the diversion program for the juvenile
provincial, city or municipal jail which shall provide adequate quarters for the juvenile separate for the consideration and approval of the court.
from adult detainees and detainees of the opposite sex.
The Committee cannot recommend diversion should the juvenile or the private complainant
Section 19. Case Study Report. – After the institution of the criminal action, the social worker object thereto. If no diversion program is recommended, the court shall include the case in its
of the Family Court shall immediately undertake a case study of the juvenile and his family, his calendar for formal proceedings.
environment and such other matters relevant to the proper disposition of the case. His report
shall be submitted within the period fixed by the Family Court, preferably before arraignment, Consent to diversion by the juvenile or payment by him of civil indemnity shall not in any way
to aid it in the proper disposition of the case. be construed as admission of guilt and used as evidence against him in the event that his case
is included in the court calendar for formal proceedings.
Section 20. Diversion Proceedings Before Arraignment. – Where the maximum penalty
imposed by law for the offense with which the juvenile in conflict with the law is charged is Section 22. Diversion Programs. – The diversion program designed by the Committee shall be
imprisonment of not more than six (6) months, regardless of fine or fine alone regardless of distinct to each juvenile in conflict with the law limited for a specific period. It may include any
amount, and the corresponding complaint or information is filed with the Family Court, the or a combination of the following:
case shall not be set for arraignment; instead, it shall forthwith be referred to the Diversion
Committee which shall determine whether the juvenile can be diverted and referred to
alternative measures or services offered by non-court institutions. Pending determination by a) Written or oral reprimand or citation;
the Committee, the court shall deliver the juvenile on recognizance to the custody of his
parents or legal guardian who shall be responsible for the presence of the juvenile during the b) Return of property;
diversion proceedings.
c) Payment of the damage caused;
Section 21. Diversion Committee. – In each Family Court, there shall be a Diversion Committee
to be composed of its branch clerk of court as chairperson, and the prosecutor, a lawyer of the d) Written or oral apology;
Public Attorney’s Office and the social worker assigned to the said Family Court as members.
e) Guidance and supervision orders;
The chairperson of the Committee shall call for a conference with notice to the juvenile, his
parents/legal guardian and his counsel, and the private complainant and his counsel, and
f) Counseling for the juvenile and his family;
recommend to the Family Court whether the juvenile should be diverted to a diversion
 g) Training, seminars and lectures on (i) anger management skills; (ii) problem-
solving and/or conflict resolution skills; (iii) values formation; and (iv) other skills that
will aid the juvenile to properly deal with situations that can lead to a repetition of
the offense;
h) Participation in available community-based programs;
i) Institutional care and custody; or
j) Work-detail program in the community.
Section 23. Hearing of Diversion Program. – The Family Court shall set the recommendation
and diversion program for hearing within ten (10) days from receipt thereof.
Section 24. Undertaking. – In all cases where a juvenile in conflict with the law is given the
benefit of a diversion program, an undertaking describing the program shall be signed by him,
his parents or legal guardian and the complainant, and approved by the Family Court. The
program, which shall be enforced under the supervision and control of the Family Court, shall
contain the following terms and conditions:
a) The juvenile shall present himself to the social worker of the Family Court that
approved the diversion program at least once a month for evaluation of its
effectiveness. Whenever the juvenile is permitted to reside in a place under the
jurisdiction of another Family Court, control and supervision over him shall be
transferred to the Family Court of that place, and in such case, a copy of the
undertaking, the intake and case study reports and other pertinent records shall be
furnished the said court. Thereafter, the Family Court to which jurisdiction over the
juvenile is transferred shall have the power with respect to the latter that was
previously possessed by the Family Court that approved the diversion and such other
conditions as the Committee may deem just and proper under the circumstances.
b) The juvenile shall faithfully comply with the terms and conditions in the
undertaking. His non-compliance shall be referred by the Committee to the Family
Court where the case has been transferred for a show-cause hearing with notice to
the juvenile and private complainant. The court shall determine whether the juvenile
should continue with the diversion program or his case returned to the original court
for formal proceedings.
The Family Court shall exert its best efforts to secure satisfaction of the civil liability of the
juvenile and his parents or guardian. However, inability to pay the said liability shall not by
itself be a ground to discontinue the diversion program of the juvenile.
Section 25. Closure Order. – The juvenile subject of diversion proceedings shall be visited
periodically by the Family Court social worker who shall submit to the Committee his reports
thereon. At any time before or at the end of the diversion period, a report recommending
closure or extension of diversion, as the case may be, shall be filed by the Committee with the
Family Court. The report and recommendation shall be heard by the Family Court within fifteen
(15) days from its receipt thereof, with notice to the members of the Committee, the juvenile
and his parents or legal guardian and counsel and the complainant to determine whether the
undertaking has been fully and satisfactorily complied with. If the juvenile has complied with
his undertaking, the Family Court shall issue the corresponding closure order terminating the
diversion program. It may, however, extend the period of diversion to give the juvenile a
further chance to be rehabilitated. In the event the court finds that the diversion program will
no longer serve its purpose, it shall include the case of the juvenile in its calendar for formal
proceedings.
Section 26. Duty of the Family Court to Protect the Rights of the Juvenile. – In all criminal
proceedings in the Family Court, the judge shall ensure the protection of the following rights
of the juvenile in conflict with the law:
a) To be presumed innocent until the contrary is proved beyond reasonable doubt;
b) To be informed promptly and directly of the nature and cause of the charge
against him, and if appropriate, through his parents or legal guardian;
c) To be present at every stage of the proceedings, from arraignment to
promulgation of judgment. The juvenile may, however, waive his presence at the
trial pursuant to the stipulations set forth in his bail, unless his presence at the trial
is specifically ordered by the court for purposes of identification. The absence of the
juvenile without justifiable cause at the trial of which he had notice shall be
considered a waiver of his right to be present thereat. When the juvenile under
custody escapes, he shall be deemed to have waived his right to be present in all
subsequent hearings until custody over him is regained;
d) To have legal and other appropriate assistance in the preparation and
presentation of his defense;
e) To testify as a witness in his own behalf and subject to cross-examination only on
matters covered by direct examination, provided that the Rule on the Examination
of a Child Witness shall be observed whenever convenient and practicable.
The juvenile shall not be compelled to be a witness against himself and his silence
shall not in any manner prejudice him;
f) To confront and cross-examine the witnesses against him;
g) To have compulsory process issued to secure the attendance of witnesses and
production of other evidence in his behalf;
h) To have speedy and impartial trial, with legal or other appropriate assistance and
preferably in the presence of his parents or legal guardian, unless such presence is
 considered not to be in the best interests of the juvenile taking into account his age
or other peculiar circumstances;
i) To appeal in all cases allowed and in the manner prescribed by law;
j) To be accorded all the rights under the Rule on Examination of a Child Witness; and
k) To have his privacy fully respected in all stages of the proceedings.
Section 27. Arraignment and Plea. – The provisions of Rules 116 and 117 of the Revised Rules
of Criminal Procedure shall apply to the arraignment of the juvenile in conflict with the law.
The arraignment shall be scheduled within seven (7) days from the date of the filing of the
complaint or information with the Family Court, unless a shorter period is provided for by law.
Arraignment shall be held in chambers and conducted by the judge by furnishing the juvenile
a copy of the complaint or information, reading the same in a language or dialect known to
and understood by him, explaining the nature and consequences of a plea of guilty or not guilty
and asking him what his plea is.
Section 28. Pre-trial. – The provisions of Rule 118 of the Revised Rules of Criminal Procedure
shall govern the pre-trial of the juvenile in conflict with the law. Agreements or admissions
made during the pre-trial conference shall be in writing and signed by the juvenile, his parents
or guardian and his counsel; otherwise, they cannot be used against him.
Whenever possible and practicable, the Family Court shall explore all possibilities of settlement
of the case, except its criminal aspect. Plea bargaining shall be resorted to only as a last
measure when it will serve the best interests of the juvenile and the demands of restorative
justice.
Section 29. Trial. – All hearings shall be conducted in a manner conducive to the best interests
of the juvenile and in an environment that will allow him to participate fully and freely in
accordance with the Rule on Examination of a Child Witness.
Section 30. Guiding Principles in Judging the Juvenile. – Subject to the provisions of the
Revised Penal Code, as amended, and other special laws, the judgment against a juvenile in
conflict with the law shall be guided by the following principles:
1. It shall be in proportion to the gravity of the offense, and shall consider the
circumstances and the best interests of the juvenile, the rights of the victim, the
needs of society in line with the demands of restorative justice.
2. Restrictions on the personal liberty of the juvenile shall be limited to the minimum.
Where discretion is given by law to the judge to determine whether the penalty to
be imposed is fine or imprisonment, the imposition of the former should be
preferred as the more appropriate penalty.
3. No corporal punishment shall be imposed.
Section 31. Promulgation of Sentence. – If after trial the Family Court should find the juvenile
in conflict with the law guilty, it shall impose the proper penalty, including any civil liability
which the juvenile may have incurred, and promulgate the sentence in accordance with
Section 6, Rule 120 of the Revised Rules of Criminal Procedure.
Section 32. Automatic Suspension of Sentence and Disposition Orders. – The sentence shall
be suspended without need of application by the juvenile in conflict with the law. The court
shall set the case for disposition conference within fifteen (15) days from the promulgation of
sentence which shall be attended by the social worker of the Family Court, the juvenile, and
his parents or guardian ad litem. It shall proceed to issue any or a combination of the following
disposition measures best suited to the rehabilitation and welfare of the juvenile:
1. Care, guidance, and supervision orders;
2. Community service orders;
3. Drug and alcohol treatment;
4. Participation in group counseling and similar activities;
5. Commitment to the Youth Rehabilitation Center of the DSWD or other centers for
juveniles in conflict with the law authorized by the Secretary of the DSWD.
The Social Services and Counseling Division (SSCD) of the DSWD shall monitor the compliance
by the juvenile in conflict with the law with the disposition measure and shall submit regularly
to the Family Court a status and progress report on the matter. The Family Court may set a
conference for the evaluation of such report in the presence, if practicable, of the juvenile, his
parents or guardian, and other persons whose presence may be deemed necessary.
The benefits of suspended sentence shall not apply to a juvenile in conflict with the law who
has once enjoyed suspension of sentence, or to one who is convicted of an offense punishable
by death, reclusion perpetua or life imprisonment, or when at the time of promulgation of
judgment the juvenile is already eighteen (18) years of age or over.
Section 33. Discharge of Juvenile Subject of Disposition Measure. – Upon the
recommendation of the SSCD and a duly authorized officer of the DSWD, the head of an
appropriate center or the duly accredited child-caring agency which has custody over the
juvenile, the Family Court shall, after due notice to all parties and hearing, dismiss the case
against the juvenile who has been issued disposition measures, even before he has reached
eighteen (18) years of age, and order a final discharge if it finds that the juvenile has behaved
properly and has shown the capability to be a useful member of the community.
If the Family Court, however, finds that the juvenile has not behaved properly, has been
incorrigible, has not shown the capability of becoming a useful member of society, has willfully
failed to comply with the conditions of his disposition or rehabilitation program, or should his
continued stay in the training institution where he has been assigned be not in his best
interests, he shall be brought before the court for execution of his judgment.
If the juvenile in conflict with the law has reached the age of eighteen (18) years while in
commitment, the Family Court shall determine whether to dismiss the case in accordance with
the first paragraph of this Section or to execute the judgment of conviction. In the latter case,
unless the juvenile has already availed of probation under Presidential Decree No. 603 or other
similar laws, he may apply for probation if qualified under the provisions of the Probation Law.
The final release of the juvenile shall not extinguish his civil liability. The parents and other
persons exercising parental authority over the juvenile shall be civilly liable for the injuries and
damages caused by the acts or omissions of the juvenile living in their company and under their
parental authority subject to the appropriate defenses provided by law.
Section 34. Probation as an Alternative to Imprisonment. – After promulgation of sentence
and upon application at any time by the juvenile in conflict with the law within the period to
appeal, the Family Court may place the juvenile on probation, if he is qualified under the
Probation Law.
Section 35. Credit in Service of Sentence. – The juvenile in conflict with the law who has
undergone preventive imprisonment shall be credited in the service of his sentence consisting
of deprivation of liberty, with the full time during which he has undergone preventive
imprisonment, if he agrees voluntarily in writing to abide by the same or similar disciplinary
rules imposed upon convicted prisoners, except in any of the following cases:
1. When the juvenile is a recidivist or has been convicted previously twice or more
times of any crime; or
2. When upon being summoned for execution of sentence, he failed to surrender
voluntarily.
If the juvenile does not agree to abide by the same disciplinary rules imposed upon convicted
prisoners, he shall be credited in the service of his sentence with four-fifths of the time during
which he has undergone preventive imprisonment.
Whenever the juvenile has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be
sentenced and his case is not yet terminated, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceeding on appeal, if the same is
under review. In case the maximum penalty to which the juvenile may be sentenced is
destierro, he shall be released after thirty (30) days of preventive imprisonment.
Any form of physical restraint imposed on the juvenile in conflict with the law, including
community service and commitment to a rehabilitation center, shall be considered preventive
imprisonment.
Section 36. Confidentiality of Proceedings and Records. – All proceedings and records
involving juveniles in conflict with the law from initial contact until final disposition of the case
by the Family Court shall be considered privileged and confidential. The public may be excluded
from the proceedings and, pursuant to the provisions of Section 31 of the Rule on Examination
of a Child Witness, the records shall not be disclosed directly or indirectly to anyone by any of
the parties or the participants in the proceedings for any purpose whatsoever, except to
determine if the juvenile may have his sentence suspended under Section 25 of this Rule or if
he may be granted probation under the Probation Law, or to enforce the civil liability imposed
in the criminal action.
The Family Court shall take other measures to protect this confidentiality of proceedings
including non-disclosure of records to the media, the maintenance of a separate police blotter
for cases involving juveniles in conflict with the law and the adoption of a system of coding to
conceal material information, which will lead to the juvenile’s identity. Records of juveniles in
conflict with the law shall not be used in subsequent proceedings or cases involving the same
offender as an adult.
Section 37. Non-liability for perjury or concealment or misrepresentation. – Any person who
has been in conflict with the law as a juvenile shall not be held guilty of perjury or of
concealment or misrepresentation by reason of his failure to acknowledge the case or recite
any fact related thereto in response to any inquiry made to him for any purpose.
Section 38. Sealing of Records. – The Family Court motu proprio, or on application of a person
who has been adjudged a juvenile in conflict with the law, or if still a minor, on motion of his
parents or legal guardian, shall, upon notice to the prosecution and after hearing, order the
sealing of the records of the case if it finds that two (2) years have elapsed since the final
discharge of the juvenile after suspension of sentence or probation, or from the date of the
closure order and he has no pending case of an offense or a crime involving moral turpitude.
Upon entry of the order, the case shall be treated as if it never occurred. All index references
shall be deleted and in case of inquiry, the Family Court, prosecution, law enforcement officers
and all other offices and agencies that dealt with the case shall reply that no record exists with
respect to the juvenile concerned. Copies of the order shall be sent to these officials and
agencies named in the order. Inspection of the sealed records thereafter may be permitted
only by order of the Family Court upon petition of the juvenile who is the subject of the records
or of other proper parties.
This procedure shall be without prejudice to the rule on destruction of video or audio tapes
under Section 31 of the Rule on the Examination of a Child Witness.
Section 39. Prohibition Against Labeling. – In the conduct of proceedings from initial contact
with the juvenile in conflict with the law to the final disposition of the case, there shall be no
branding or labeling of the latter as a young criminal, juvenile delinquent, prostitute, vagrant,
or attaching to him in any manner any derogatory name. Likewise, no discriminatory remarks
and practices shall be allowed, particularly with respect to the juvenile’s social or economic
status, physical disability or ethnic origin.
Section 40. Contempt Powers. – A person who directly or indirectly disobeys any order of the
Family Court or obstructs or interferes with its proceedings or the enforcement of its orders
issued under this Rule shall be liable for contempt of court.
Section 41. Effectivity. – This rule shall take effect on April 15, 2002 after its publication in a
newspaper of general circulation not later than March 15, 2002.
A.M. No. 10-3-10-SC (Oct. 18, 2011)
When the information is filed, the verified complaint and the affidavits of witnesses together
with other evidence, in such number of copies as there are accused plus two (2) copies for the
court's files, shall be attached thereto.
In case of failure to attach the complaint, affidavit and evidence, the court shall order the
investigating prosecutor, through the court's designated prosecutor, to submit the said
requirements before the pre-trial.

RULES OF PROCEDURE FOR INTELLECTUAL PROPERTY RIGHTS CASES SEC. 2. Where to file. — The information, together with attachments, shall be filed with the
court referred to in Section 2 of Rule 1, which has jurisdiction over the territory where any of
CRIMINAL PROCEDURE
the elements of the offense occurred.
Rule 10
NATURE OF PROCEEDINGS
SEC. 3. When warrant of arrest may issue. — Within ten (10) days from the filing of the
information, the judge shall personally evaluate the information together with the resolution
SEC 1. Scope. — Rules 10 to 15 shall apply to all criminal actions for violations of intellectual
of the prosecutor and its supporting documents. The judge may immediately dismiss the case
property rights provided for in Republic Act 8293 or the Intellectual Property Code, as
if the evidence on record clearly fails to establish probable cause, if he finds probable cause,
amended, including Repetition of Infringement of Patent (Section 84), Utility Model (Section
he shall issue a warrant of arrest, or a commitment order if the accused has already been
108) and Industrial Design (Section 119), Trademark Infringement (Section 155 in relation to
arrested. In case of doubt on the existence of probable cause, the judge may order the
Section 170), Unfair Competition (Section 168 in relation to Section 170), False Designations of
prosecutor to present additional evidence within five (5) days from notice and the issue must
Origin; False Description or Representation (Section 169.1 in relation to Section 170),
be resolved by the court within fifteen (15) days from the presentation of the additional
infringement of copyright, moral rights, performers' rights, producers' rights, and broadcasting
evidence.
rights (Section 177, 193, 203, 208 and 211 in relation to Section 217), and other violations of
intellectual property rights as may be defined by law.
SEC. 4. Disposition of goods seized pursuant to search warrant. — If a criminal action has been
instituted, only the trial court shall rule on a motion to quash a search warrant or to suppress
SEC. 2. Special Commercial Courts in the National Capital Judicial Region with authority to issue
evidence obtained thereby or to release seized goods.
search warrants enforceable nationwide. Special Commercial Courts in Quezon City, Manila,
Makati, and Pasig shall have authority to act on applications for the issuance of search warrants
involving violations of the Intellectual Property Code, which search warrants shall be It shall be the duty of the applicant or private complainant to file a motion for the immediate
enforceable nationwide. Within their respective territorial jurisdictions, the Special transfer of the seized goods to the trial court, which motion shall be immediately acted upon
Commercial Courts in the judicial regions where the violation of intellectual property rights by the issuing court.
occurred shall have concurrent jurisdiction to issue search warrants.

Accordingly, the Executive Judges are hereby relieved of the duty to issue search warrants
involving violations of the Intellectual Property Code in criminal cases as stated in Sec. 12,
Chapter V of A.M. No. 03-8-02-SC (Guidelines on the Selection and Appointment of Executive
Judges and Defining their Powers, Prerogatives and Duties).
If no criminal action has been instituted, the motion to quash a search warrant or to suppress
evidence obtained thereby or to release seized goods may be filed in and resolved by the
issuing court. If pending resolution of the motion, a criminal case is meanwhile filed in another
court, the incident shall be transferred to and resolved by the latter court.

Rule 11 Upon motion of the party whose goods have been seized, with notice to the applicant, the
COMMENCEMENT OF ACTION issuing court may quash the search warrant and order the return of the seized goods if no
criminal complaint is filed within sixty (60) days from the issuance of the search warrant.
SECTION 1. How commenced. — The filing of criminal cases falling within the scope of this Rule
shall be by information after a prior verified complaint is filed under Rule 12 on Preliminary
Investigation.
If no criminal action is filed before the office of the prosecutor and no motion for the return of
the seized goods is filed within sixty (60) days from the issuance of the search warrant, the
issuing court shall require the parties, including the private complainant, if any, to show cause
why the search warrant should not be quashed.
SEC. 5. Prohibited motions. — The following motions shall not be allowed:
a) Motion to quash the information, except on the ground of lack of
jurisdiction;
b) Motion for extension of time to file affidavits or any other papers; and
c) Motion for postponement intended for delay.
Rule 12
PRELIMINARY INVESTIGATION
SEC 1. Complaint. — The complaint shall be filed with the Department of Justice or the office
of the prosecutor that has jurisdiction over the offense charged:
a) The complaint shall state the full name of the complainant and the facts
showing the capacity or authority of the complaining witness to institute a
criminal action in a representative capacity, and the legal existence of an
organized association of persons that is instituting the criminal action. In
case of juridical persons, proof of capacity to sue must be attached to the
complaint. Where the complainant is a juridical person not registered in
the Philippines, documents proving its legal
existence and/or its capacity to sue, such as a certificate of registration or
extracts from relevant commercial registries or offices having jurisdiction
over said entities, shall be accepted if these are originals or in case of public
documents, certified true copies thereof executed by the proper officer of
such registries or offices.
Where the complainant is a foreign national or is domiciled or has a real
and effective industrial establishment in a country which is a party to any
convention, treaty or agreement relating to intellectual property rights or
the repression of unfair competition to which the Philippines is also a
party, or extends reciprocal rights to national of the Philippines by law, the
verified complaint must contain such facts showing entitlement to file the
action.
b) The complaint shall state the address of the respondent and shall be in
such number of copies as there are respondents, plus two (2) copies for
the investigating prosecutor. The complaint shall be subscribed and sworn
to before any prosecutor or government official authorized to administer
oath, or, in their absence or unavailability, before a notary public. The
administering officer must certify that he personally examined the
complainant and that he is satisfied that the complainant voluntarily
executed and understood the complaint.
c) The complaint shall be accompanied by the affidavits of the complainant
and his witnesses, as well as other supporting documents to establish
probable cause. Notarized affidavits of witnesses shall be allowed and
admitted as part of the complaint, provided that affidavits executed by
non-residents of the Philippines shall be duly authenticated by the
concerned Philippine consular or diplomatic office.
d) In instances where multiple complaints are filed by the same complainant,
copies of the supporting documents shall be admitted after they are
compared with and shown to be faithful reproductions of the originals or
certified documents referred to in subparagraphs (a) and (c) above.
SEC. 2. Procedure. — The preliminary investigation shall be conducted as follows:
a) Within ten (10) days after the filing of the complaint, the investigating
prosecutor, on the basis of the complaint and the affidavits and other
evidence accompanying the same, may dismiss the case outright for being
patently without basis or merit and order the release of the accused if in
custody, and/or seized articles in custody, if any.
b) When the complaint is not dismissed pursuant to the immediately
proceeding paragraph, the investigating prosecutor, within ten (10) days
from the filing of the complaint, shall issue an order to the respondent
attaching thereto a copy of the complaint and its supporting affidavits and
documents, and require the respondent to submit his counter-affidavit
and the affidavits of his witnesses and other documentary evidence in the
format required under Section 1 hereof, wherever applicable, serving
copies thereof on the complainant not later than ten (10) days from receipt
of said order. The counter-affidavits shall be subscribed and sworn to and
certified as provided in paragraphs (b) and (c) of Section 1 hereof. The
respondent shall not be allowed to file a motion to dismiss in lieu of a
counter-affidavit.
c) If the respondent cannot be served with the order of the investigating
prosecutor, or if served, does not submit counter- affidavits within the ten
(10) day period, the
investigating prosecutor shall resolve the complaint based on the evidence
presented by the complainant.

d) The investigating prosecutor may set a hearing if there are facts and issues
to be clarified from a party or a witness. The parties can be present at the
hearing but without the right to examine or cross-examine. They may,
however, submit to the investigating prosecutor questions which may be
asked to the party or witness concerned.
Within ten (10) days from the last written submission by the parties or the expiration of the
period for such submission, the investigating prosecutor shall determine whether or not there
is sufficient ground to hold the respondent for trial.
SEC. 3. When accused lawfully arrested without warrant. — When a person is lawfully arrested
without a warrant, the information may be filed by a prosecutor without need of such
investigation provided an inquest had been conducted in accordance with existing Rules.
Before the information is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver,
he may apply for bail and the investigation must be terminated within fifteen (15) days from
its inception.
After the filing of the information in court without preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with
the same right to adduce evidence in his defense as provided in this Rule.
Rule 13
ARRAIGNMENT AND PRE-TRIAL
SEC 1. Arraignment. — The arraignment shall be conducted in accordance with Rule 116 of the
Rules of Court. If the accused is in custody for the crime charged, he shall be immediately
arraigned. If the accused enters a plea of guilty, he shall forthwith be sentenced. After
arraignment, the court shall immediately schedule the case for pre-trial.
SEC. 2. Referral to mediation. — Before conducting the trial, the court shall call the parties to
a pretrial. Upon appearance of the parties during pre-trial, the judge shall order the parties to
appear before the Philippine Mediation Center for court-annexed mediation on the civil aspect
of the criminal action. The pre-trial judge shall suspend the court proceedings while the case
is undergoing mediation. Upon termination of the mediation proceedings, the court shall
continue with the pre-trial.
SEC. 3. Pre-trial. — During the pre-trial, a stipulation of facts may be entered into, or the
propriety of allowing the accused to enter a plea of guilty to a lesser offense may be
considered, or such other matters as may be taken up to clarify the issues and to ensure a
speedy disposition of the case. However, no admission by the accused shall be used against
him unless reduced to writing and signed by the accused and his counsel. A refusal or failure
to stipulate shall not prejudice the accused.
The pre-trial shall be terminated not later than thirty (30) days from the date of its
commencement, excluding the period for mediation and JDR.
Should a party desire to present additional affidavits or counter affidavits as part of his direct
evidence, he shall so manifest during the pre-trial, stating the purpose thereof. If allowed by
the court, the additional affidavits of the prosecution or the counter-affidavits of the defense
shall be submitted to the court and served on the adverse party not later than three (3) days
after the termination of the pre-trial. If the additional affidavits are presented by the
prosecution, the accused may file his counter-affidavits and serve the same on the prosecution
within three (3) days from such service.
Before the pre-trial, the court may require the marking of documentary or object evidence by
the branch clerk of court or any authorized court personnel.
SEC. 4. Non-appearance at the pre-trial. — If the counsel for the accused or the prosecutor
does not appear at the pre-trial and does not offer an acceptable excuse for his lack of
cooperation, the court may impose proper sanctions or penalties.
SEC. 5. Record of pre-trial — Within five (5) days after the termination of the pre-trial, the court
shall issue an order stating the matters taken up therein, including but not limited to:
a) Plea bargaining;
b) The stipulations or admissions entered into by the parties;
c) Whether, on the basis of the stipulations and admissions made by the
parties, judgment may be rendered without the need of further
proceedings, in which event judgment shall be rendered within thirty (30)
days from issuance of the order;
d) A clear specification of material facts which remain controverted;
e) Trial dates of each party;
f) Such other matters intended to expedite the disposition of the case.
Rule 14
TRIAL
SEC 1. Affidavits and other evidence at the trial. — The Court shall hear the evidence of the
parties on the trial dates agreed upon by them during the pre-trial. The affidavits of the
witnesses of the parties which form part of the record of the case, such as those submitted:
(a) during the preliminary investigation; and/or (b) during the pre-trial, shall constitute the
direct testimonies of the witnesses who executed them. Such witnesses may be subjected to
cross examination by the adverse party.
SEC. 2. Conduct of trial. — The court shall conduct hearings expeditiously so as to ensure
speedy trial. Each party shall have a maximum period of sixty (60) days to present his evidence-
in-chief on the trial dates agreed upon during the pre-trial.
SEC. 3. Submission of memoranda. — Upon termination of trial, the court may order the parties
to submit within a non-extendible period of thirty (30) days their memoranda setting forth the
law and the facts relied upon by them.
SEC. 4. Judgment. — The court shall promulgate the judgment not later than sixty (60) days
from the time the case is submitted for decision, with or without the memoranda. A copy of
the judgment shall be furnished the IPO.
Rule 15
APPEAL
SEC 1. Who may appeal. — Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy.
SEC. 2. How appeal taken. — The appeal shall be taken in the manner provided under Rule 122
of the Rules of Court.
A.M. No. 09-6-8-SC (April 13, 2010)
PART IV
CRIMINAL PROCEDURE
RULE 9
PROSECUTION OF OFFENSES
Section 1. Who may file. - Any offended party, peace officer or any public officer charged with
the enforcement of an environmental law may file a complaint before the proper officer in
accordance with the Rules of Court.
Section 2. Filing of the information. - An information, charging a person with a violation of an
environmental law and subscribed by the prosecutor, shall be filed with the court.
Section 3. Special prosecutor. - In criminal cases, where there is no private offended party, a
counsel whose services are offered by any person or organization may be allowed by the court
as special prosecutor, with the consent of and subject to the control and supervision of the
public prosecutor.
RULE 10
PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the
civil action for the recovery of civil liability arising from the offense charged, shall be deemed
instituted with the criminal action unless the complainant waives the civil action, reserves the
right to institute it separately or institutes the civil action prior to the criminal action.
Unless the civil action has been instituted prior to the criminal action, the reservation of the
right to institute separately the civil action shall be made during arraignment.
In case civil liability is imposed or damages are awarded, the filing and other legal fees shall be
imposed on said award in accordance with Rule 141 of the Rules of Court, and the fees shall
constitute a first lien on the judgment award. The damages awarded in cases where there is
no private offended party, less the filing fees, shall accrue to the funds of the agency charged
with the implementation of the environmental law violated. The award shall be used for the
restoration and rehabilitation of the environment adversely affected.
RULE 11
ARREST
Section 1. Arrest without warrant; when lawful. - A peace officer or an individual deputized by
the proper government agency may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing or is attempting to commit an offense; or
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it. Individuals deputized by the proper government agency
who are enforcing environmental laws shall enjoy the presumption of regularity
under Section 3(m), Rule 131 of the Rules of Court when effecting arrests for
violations of environmental laws.
Section 2. Warrant of arrest. - All warrants of arrest issued by the court shall be accompanied
by a certified true copy of the information filed with the issuing court.
RULE 12
CUSTODY AND DISPOSITION OF SEIZED ITEMS, EQUIPMENT,
PARAPHERNALIA, CONVEYANCES AND INSTRUMENTS
Section 1. Custody and disposition of seized items. - The custody and disposition of seized items
shall be in accordance with the applicable laws or rules promulgated by the concerned
government agency.
Section 2. Procedure. - In the absence of applicable laws or rules promulgated by the
concerned government agency, the following procedure shall be observed:
(a) The apprehending officer having initial custody and control of the seized items,
equipment, paraphernalia, conveyances and instruments shall physically inventory
and whenever practicable, photograph the same in the presence of the person from
whom such items were seized.
(b) Thereafter, the apprehending officer shall submit to the issuing court the return
of the search warrant within five (5) days from date of seizure or in case of
warrantless arrest, submit within five (5) days from date of seizure, the inventory
report, compliance report, photographs, representative samples and other pertinent
documents to the public prosecutor for appropriate action.
(c) Upon motion by any interested party, the court may direct the auction sale of
seized items, equipment, paraphernalia, tools or instruments of the crime. The court
shall, after hearing, fix the minimum bid price based on the recommendation of the
concerned government agency. The sheriff shall conduct the auction.
(d) The auction sale shall be with notice to the accused, the person from whom the
items were seized, or the owner thereof and the concerned government agency.
(e) The notice of auction shall be posted in three conspicuous places in the city or
municipality where the items, equipment, paraphernalia, tools or instruments of the
crime were seized.
(f) The proceeds shall be held in trust and deposited with the government depository
bank for disposition according to the judgment.
RULE 13
PROVISIONAL REMEDIES
Section 1. Attachment in environmental cases. - The provisional remedy of attachment under
Rule 127 of the Rules of Court may be availed of in environmental cases.
Section 2. Environmental Protection Order (EPO); Temporary Environmental Protection Order
(TEPO) in criminal cases. - The procedure for and issuance of EPO and TEPO shall be governed
by Rule 2 of these Rules.
RULE 14
BAIL
Section 1. Bail, where filed. - Bail in the amount fixed may be filed with the court where the
case is pending, or in the absence or unavailability of the judge thereof, with any regional trial
judge, metropolitan trial judge, municipal trial judge or municipal circuit trial judge in the
province, city or municipality. If the accused is arrested in a province, city or municipality other
than where the case is pending, bail may also be filed with any Regional Trial Court of said
place, or if no judge thereof is available, with any metropolitan trial judge, municipal trial judge
or municipal circuit trial judge therein. If the court grants bail, the court may issue a hold-
departure order in appropriate cases.
Section 2. Duties of the court. - Before granting the application for bail, the judge must read
the information in a language known to and understood by the accused and require the
accused to sign a written undertaking, as follows:
(a) To appear before the court that issued the warrant of arrest for arraignment
purposes on the date scheduled, and if the accused fails to appear without
justification on the date of arraignment, accused waives the reading of the
information and authorizes the court to enter a plea of not guilty on behalf of the
accused and to set the case for trial;
(b) To appear whenever required by the court where the case is pending; and
(c) To waive the right of the accused to be present at the trial, and upon failure of
the accused to appear without justification and despite due notice, the trial may
proceed in absentia.
RULE 15
ARRAIGNMENT AND PLEA
Section 1. Arraignment. - The court shall set the arraignment of the accused within fifteen (15)
days from the time it acquires jurisdiction over the accused, with notice to the public
prosecutor and offended party or concerned government agency that it will entertain plea-
bargaining on the date of the arraignment.
Section 2. Plea-bargaining. - On the scheduled date of arraignment, the court shall consider
plea-bargaining arrangements. Where the prosecution and offended party or concerned
government agency agree to the plea offered by the accused, the court shall:
(a) Issue an order which contains the plea-bargaining arrived at;
(b) Proceed to receive evidence on the civil aspect of the case, if any; and
(c) Render and promulgate judgment of conviction, including the civil liability for
damages.
RULE 16
PRE-TRIAL
Section 1. Setting of pre-trial conference. - After the arraignment, the court shall set the pre-
trial conference within thirty (30) days. It may refer the case to the branch clerk of court, if
warranted, for a preliminary conference to be set at least three (3) days prior to the pre-trial.
Section 2. Preliminary conference. - The preliminary conference shall be for the following
purposes:
(a) To assist the parties in reaching a settlement of the civil aspect of the case;
(b) To mark the documents to be presented as exhibits;
(c) To attach copies thereof to the records after comparison with the originals;
(d) To ascertain from the parties the undisputed facts and admissions on the
genuineness and due execution of documents marked as exhibits;
(e) To consider such other matters as may aid in the prompt disposition of the case;
(f) To record the proceedings during the preliminary conference in the Minutes of
Preliminary Conference to be signed by the parties and counsel;
(g) To mark the affidavits of witnesses which shall be in question and answer form
and shall constitute the direct examination of the witnesses; and
(h) To attach the Minutes and marked exhibits to the case record before the pre-trial
proper. The parties or their counsel must submit to the branch clerk of court the
names, addresses and contact numbers of the affiants.
Section 3. Pre-trial duty of the judge. - During the pre-trial, the court shall:
(a) Place the parties and their counsels under oath;
(b) Adopt the minutes of the preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due execution of documents, and list object and
testimonial evidence;
(c) Scrutinize the information and the statements in the affidavits and other
documents which form part of the record of the preliminary investigation together
with other documents identified and marked as exhibits to determine further
admissions of facts as to:
i. The court’s territorial jurisdiction relative to the offense(s) charged;
ii. Qualification of expert witnesses; and
iii. Amount of damages;
(d) Define factual and legal issues;
(e) Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different stages
of the proceeding up to promulgation of decision;
(f) Require the parties to submit to the branch clerk of court the names, addresses
and contact numbers of witnesses that need to be summoned by subpoena; and
(g) Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.
Section 4. Manner of questioning. - All questions or statements must be directed to the court.
Section 5. Agreements or admissions. - All agreements or admissions made or entered during
the pre-trial conference shall be reduced in writing and signed by the accused and counsel;
otherwise, they cannot be used against the accused. The agreements covering the matters
referred to in Section 1, Rule 118 of the Rules of Court shall be approved by the court.
Section 6. Record of proceedings. - All proceedings during the pre-trial shall be recorded, the
transcripts prepared and the minutes signed by the parties or their counsels.
Section 7. Pre-trial order. - The court shall issue a pre-trial order within ten (10) days after the
termination of the pre-trial, setting forth the actions taken during the pre-trial conference, the
facts stipulated, the admissions made, evidence marked, the number of witnesses to be
presented and the schedule of trial. The order shall bind the parties and control the course of
action during the trial.
RULE 17
TRIAL
Section 1. Continuous trial. - The court shall endeavor to conduct continuous trial which shall
not exceed three (3) months from the date of the issuance of the pre-trial order.
Section 2. Affidavit in lieu of direct examination. - Affidavit in lieu of direct examination shall
be used, subject to cross-examination and the right to object to inadmissible portions of the
affidavit.
Section 3. Submission of memoranda. - The court may require the parties to submit their
respective memoranda and if possible, in electronic form, within a non-extendible period of
thirty (30) days from the date the case is submitted for decision.
With or without any memoranda filed, the court shall have a period of sixty (60) days to decide Sec. 17. No person shall be compelled to be a witness against himself.
the case counted from the last day of the 30-day period to file the memoranda.
RA 7438 (1992)
Section 4. Disposition period. - The court shall dispose the case within a period of ten (10)
months from the date of arraignment.
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
Section 5. Pro bono lawyers. - If the accused cannot afford the services of counsel or there is INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
no available public attorney, the court shall require the Integrated Bar of the Philippines to
provide pro bono lawyers for the accused.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
RULE 18
SUBSIDIARY LIABILITY
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 1. Subsidiary liability. - In case of conviction of the accused and subsidiary liability is
allowed by law, the court may, by motion of the person entitled to recover under judgment,
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
enforce such subsidiary liability against a person or corporation subsidiary liable under Article
Public Officers.–
102 and Article 103 of the Revised Penal Code.

(a) Any person arrested detained or under custodial investigation shall at all times
POLICE INVESTIGATION be assisted by counsel.

1987 Constitution
Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Sec. 12. (1) Any person under investigation for the commission of an offense shall have the
right to be informed of his right to remain silent and to have competent and independent
counsel preferably of his own choice. If the person cannot afford the services of counsel, he
must be provided with one. These rights cannot be waived except in writing and in the
presence of counsel.
(2) No torture, force, violence, threat, intimidation, or any other means which vitiate the free
will shall be used against him. Secret detention places, solitary, incommunicado, or other
similar forms of detention are prohibited.
(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be
inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as
compensation to and rehabilitation of victims of torture or similar practices, and their families.
(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him, 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.
(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked 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, otherwise, such investigation report shall be null and void and of
no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person 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.
 (e) 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 in writing and
signed by such person in the presence of his counsel; otherwise the waiver shall be
null and void and of no effect.
(f) 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. The person's "immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with
the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are
available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of
his right to remain silent and to have competent and independent counsel preferably of his
own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment
of not less than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the investigating officer who
has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the latter cannot afford
the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or
any medical doctor or priest or religious minister chosen by him or by any member
of his immediate family or by his counsel, from visiting and conferring privately with
him, or from examining and treating him, or from ministering to his spiritual needs,
at any hour of the day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor more than six (6) years, and a fine
of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may
be necessary to secure his safety and prevent his escape.
Revised Penal Code
Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. — The
penalties provided in the next preceding article shall be imposed upon the public officer or
employee who shall detain any person for some legal ground and shall fail to deliver such
person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or
offenses punishable by correctional penalties, or their equivalent and thirty-six (36) hours, for
crimes, or offenses punishable by afflictive or capital penalties, or their equivalent.
In every case, the person detained shall be informed of the cause of his detention and shall be
allowed upon his request, to communicate and confer at any time with his attorney or counsel.
(As amended by E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25, 1987, respectively).
RA 4200 (1965)
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF
THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any
private communication or spoken word, to tap any wire or cable, or by using any other device
or arrangement, to secretly overhear, intercept, or record such communication or spoken
word by using a device commonly known as a dictaphone or dictagraph or dictaphone or
walkie-talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc record,
or any other such record, or copies thereof, of any communication or spoken word secured
either before or after the effective date of this Act in the manner prohibited by this law; or to
replay the same for any other person or persons; or to communicate the contents thereof,
either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial,
to any other person: Provided, That the use of such record or any copies thereof as evidence
in any civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not
be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be
done any of the acts declared to be unlawful in the preceding section or who violates the
provisions of the following section or of any order issued thereunder, or aids, permits, or
causes such violation shall, upon conviction thereof, be punished by imprisonment for not less
than six months or more than six years and with the accessory penalty of perpetual absolute
disqualification from public office if the offender be a public official at the time of the
commission of the offense, and, if the offender is an alien he shall be subject to deportation
proceedings.
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for
any peace officer, who is authorized by a written order of the Court, to execute any of the acts
declared to be unlawful in the two preceding sections in cases involving the crimes of treason,
espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas,
rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal
Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses
against national security: Provided, That such written order shall only be issued or granted
upon written application and the examination under oath or affirmation of the applicant and
the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe
that any of the crimes enumerated hereinabove has been committed or is being committed or
is about to be committed: Provided, however, That in cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to
commit sedition, and inciting to sedition, such authority shall be granted only upon prior proof
that a rebellion or acts of sedition, as the case may be, have actually been or are being
committed; (2) that there are reasonable grounds to believe that evidence will be obtained
essential to the conviction of any person for, or to the solution of, or to the prevention of, any
of such crimes; and (3) that there are no other means readily available for obtaining such
evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose
communications, conversations, discussions, or spoken words are to be overheard,
intercepted, or recorded and, in the case of telegraphic or telephonic communications, the
telegraph line or the telephone number involved and its location; (2) the identity of the peace
officer authorized to overhear, intercept, or record the communications, conversations,
discussions, or spoken words; (3) the offense or offenses committed or sought to be
prevented; and (4) the period of the authorization. The authorization shall be effective for the
period specified in the order which shall not exceed sixty (60) days from the date of issuance
of the order, unless extended or renewed by the court upon being satisfied that such extension
or renewal is in the public interest.
All recordings made under court authorization shall, within forty-eight hours after the
expiration of the period fixed in the order, be deposited with the court in a sealed envelope or
sealed package, and shall be accompanied by an affidavit of the peace officer granted such
authority stating the number of recordings made, the dates and times covered by each
recording, the number of tapes, discs, or records included in the deposit, and certifying that
no duplicates or copies of the whole or any part thereof have been made, or if made, that all
such duplicates or copies are included in the envelope or package deposited with the court.
The envelope or package so deposited shall not be opened, or the recordings replayed, or used
in evidence, or their contents revealed, except upon order of the court, which shall not be
granted except upon motion, with due notice and opportunity to be heard to the person or
persons whose conversation or communications have been recorded.
The court referred to in this section shall be understood to mean the Court of First Instance
within whose territorial jurisdiction the acts for which authority is applied for are to be
executed.
Section 4. Any communication or spoken word, or the existence, contents, substance, purport,
effect, or meaning of the same or any part thereof, or any information therein contained
obtained or secured by any person in violation of the preceding sections of this Act shall not
be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or
investigation.
RA 9372 (2007)
AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Short Title. - This Act shall henceforth be known as the "Human Security Act of
2007."
SEC. 2. Declaration of Policy. - It is declared a policy of the State to protect life, liberty, and
property from acts of terrorism, to condemn terrorism as inimical and dangerous to the
national security of the country and to the welfare of the people, and to make terrorism a
crime against the Filipino people, against humanity, and against the law of nations.
In the implementation of the policy stated above, the State shall uphold the basic rights and
fundamental liberties of the people as enshrined in the Constitution.
The State recognizes that the fight against terrorism requires a comprehensive approach,
comprising political, economic, diplomatic, military, and legal means duly taking into account
the root causes of terrorism without acknowledging these as justifications for terrorist and/or
criminal activities. Such measures shall include conflict management and post-conflict peace-
building, addressing the roots of conflict by building state capacity and promoting equitable
economic development.
Nothing in this Act shall be interpreted as a curtailment, restriction or diminution of
constitutionally recognized powers of the executive branch of the government. It is to be
understood, however that the exercise of the constitutionally recognized powers of the
executive department of the government shall not prejudice respect for human rights which
shall be absolute and protected at all times.
SEC. 3. Terrorism.- Any person who commits an act punishable under any of the following
provisions of the Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine
Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear
Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of
1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law
of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws
on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
thereby sowing and creating a condition of widespread and extraordinary fear and panic
among the populace, in order to coerce the government to give in to an unlawful demand shall
be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of
imprisonment, without the benefit of parole as provided for under Act No. 4103, otherwise
known as the Indeterminate Sentence Law, as amended.
SEC. 4. Conspiracy to Commit Terrorism. - Persons who conspire to commit the crime of
terrorism shall suffer the penalty of forty (40) years of imprisonment.
There is conspiracy when two or more persons come to an agreement concerning the
commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the
same.
SEC. 5. Accomplice. - Any person who, not being a principal under Article 17 of the Revised
Penal Code or a conspirator as defined in Section 4 hereof, cooperates in the execution of
either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous
acts shall suffer the penalty of from seventeen (17) years, four months one day to twenty (20)
years of imprisonment.
SEC. 6. Accessory. - Any person who, having knowledge of the commission of the crime of
terrorism or conspiracy to commit terrorism, and without having participated therein, either
as principal or accomplice under Articles 17 and 18 of the Revised Penal Code, takes part
subsequent to its commission in any of the following manner: (a) by profiting himself or
assisting the offender to profit by the effects of the crime; (b) by concealing or destroying the
body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; (c)
by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime,
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Notwithstanding the above paragraph, the penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relatives by affinity within the same
degrees, with the single exception of accessories falling within the provisions of subparagraph
(a).
SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. -The
provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding,
a police or law enforcement official and the members of his team may, upon a written order
of the Court of Appeals, listen to, intercept and record, with the use of any mode, form, kind
or type of electronic or other surveillance equipment or intercepting and tracking devices, or
with the use of any other suitable ways and means for that purpose, any communication,
message, conversation, discussion, or spoken or written words between members of a
judicially declared and outlawed terrorist organization, association, or group of persons or of
any person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism.
Provided, That surveillance, interception and recording of communications between lawyers
and clients, doctors and patients, journalists and their sources and confidential business
correspondence shall not be authorized.
SEC. 8. Formal Application for Judicial Authorization. - The written order of the authorizing
division of the Court of Appeals to track down, tap, listen to, intercept, and record
communications, messages, conversations, discussions, or spoken or written words of any
person suspected of the crime of terrorism or the crime of conspiracy to commit terrorism
shall only be granted by the authorizing division of the Court of Appeals upon an ex parte
written application of a police or of a law enforcement official who has been duly authorized
in writing by the Anti-Terrorism Council created in Section 53 of this Act to file such ex parte
application, and upon examination under oath or affirmation of the applicant and the
witnesses he may produce to establish: (a) that there is probable cause to believe based on
personal knowledge of facts or circumstances that the said crime of terrorism or conspiracy to
commit terrorism has been committed, or is being committed, or is about to be committed;
(b) that there is probable cause to believe based on personal knowledge of facts or
circumstances that evidence, which is essential to the conviction of any charged or suspected
person for, or to the solution or prevention of, any such crimes, will be obtained; and, (c) that
there is no other effective means readily available for acquiring such evidence.
SEC. 9. Classification and Contents of the Order of the Court. - The written order granted by
the authorizing division of the Court of Appeals as well as its order, if any, to extend or renew
the same, the original application of the applicant, including his application to extend or renew,
if any, and the written authorizations of the Anti-Terrorism Council shall be deemed and are
hereby declared as classified information: Provided, That the person being surveilled or whose
communications, letters, papers, messages, conversations, discussions, spoken or written
words and effects have been monitored, listened to, bugged or recorded by law enforcement
authorities has the right to be informed of the acts done by the law enforcement authorities
in the premises or to challenge, if he or she intends to do so, the legality of the interference
before the Court of Appeals which issued the written order. The written order of the
authorizing division of the Court of Appeals shall specify the following: (a) the identity, such as
name and address, if known, of the charged or suspected person whose communications,
messages, conversations, discussions, or spoken or written words are to be tracked down,
tapped, listened to, intercepted, and recorded and, in the case of radio, electronic, or
telephonic (whether wireless or otherwise) communications, messages, conversations,
discussions, or spoken or written words, the electronic transmission systems or the telephone
numbers to be tracked down, tapped, listened to, intercepted, and recorded and their
locations or if the person suspected of the crime of terrorism or conspiracy to commit
terrorism is not fully known, such person shall be subject to continuous surveillance provided
there is a reasonable ground to do so; (b) the identity (name, address, and the police or law
enforcement organization) of the police or of the law enforcement official, including the
individual identity (names, addresses, and the police or law enforcement organization) of the
members of his team, judicially authorized to track down, tap, listen to, intercept, and record
the communications, messages, conversations, discussions, or spoken or written words; (c) the
offense or offenses committed, or being committed, or sought to be prevented; and, (d) the
length of time within which the authorization shall be used or carried out.
SEC. 10. Effective Period of Judicial Authorization. - Any authorization granted by the
authorizing division of the Court of Appeals, pursuant to Section 9(d) of this Act, shall only be
effective for the length of time specified in the written order of the authorizing division of the
Court of Appeals, which shall not exceed a period of thirty (30) days from the date of receipt
of the written order of the authorizing division of the Court of Appeals by the applicant police
or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization
for another non-extendible period, which shall not exceed thirty (30) days from the expiration
of the original period: Provided, That the authorizing division of the Court of Appeals is satisfied
that such extension or renewal is in the public interest: and Provided, further, That the ex parte
application for extension or renewal, which must be filed by the original applicant, has been
duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the team named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 20 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the termination
of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of this
Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify the person subject of the surveillance, interception and
recording of the termination of the said surveillance, interception and recording. The penalty
of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify the person subject of the
surveillance, monitoring, interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - All tapes, discs, and
recordings made pursuant to the authorization of the authorizing division of the Court of
Appeals, including all excerpts and summaries thereof as well as all written notes or
memoranda made in connection therewith, shall, within forty-eight (48) hours after the
expiration of the period fixed in the written order of the authorizing division of the Court of
Appeals or within forty-eight (48) hours after the expiration of any extension or renewal
granted by the authorizing division of the Court of Appeals, be deposited with the authorizing
Division of the Court of Appeals in a sealed envelope or sealed package, as the case may be,
and shall be accompanied by a joint affidavit of the applicant police or law enforcement official
and the members of his team.
In case of death of the applicant or in case he is physically disabled to execute the required
affidavit, the one next in rank to the applicant among the members of the team named in the
written order of the authorizing division of the Court of Appeals shall execute with the
members of the team that required affidavit.
It shall be unlawful for any person, police officer or any custodian of the tapes, discs and
recording, and their excerpts and summaries, written notes or memoranda to copy in whatever
form, to remove, delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever.
Any person who removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12)
years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police or of the law enforcement
official and the individual members of his team shall state: (a) the number of tapes, discs, and
recordings that have been made, as well as the number of excerpts and summaries thereof
and the number of written notes and memoranda, if any, made in connection therewith; (b)
the dates and times covered by each of such tapes, discs, and recordings; (c) the number of
tapes, discs, and recordings, as well as the number of excerpts and summaries thereof and the
number of written notes and memoranda made in connection therewith that have been
included in the deposit; and (d) the date of the original written authorization granted by the
Anti-Terrorism Council to the applicant to file the ex parte application to conduct the tracking
down, tapping, intercepting, and recording, as well as the date of any extension or renewal of
the original written authority granted by the authorizing division of the Court of Appeals.
The joint affidavit shall also certify under oath that no duplicates or copies of the whole or any
part of any of such tapes, discs, and recordings, and that no duplicates or copies of the whole
or any part of any of such excerpts, summaries, written notes, and memoranda, have been
made, or, if made, that all such duplicates and copies are included in the sealed envelope or
sealed package, as the case may be, deposited with the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police or law enforcement official to omit or exclude from
the joint affidavit any item or portion thereof mentioned in this Section.
Any person, police or law enforcement officer who violates any of the acts prescribed in the
preceding paragraph shall suffer the penalty of not less than ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 13. Disposition of Deposited Material. -The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals,
shall be deemed and are hereby declared classified information, and the sealed envelope or
sealed package shall not be opened and its contents (including the tapes, discs, and recordings
and all the excerpts and summaries thereof and the notes and memoranda made in connection
therewith) shall not be divulged, revealed, read, replayed, or used as evidence unless
authorized by written order of the authorizing division of the Court of Appeals, which written
order shall be granted only upon a written application of the Department of Justice filed before
the authorizing division of the Court of Appeals and only upon a showing that the Department
of Justice has been duly authorized in writing by the Anti-Terrorism Council to file the
application with proper written notice the person whose conversation, communication,
message discussion or spoken or written words have been the subject of surveillance,
monitoring, recording and interception to open, reveal, divulge, and use the contents of the
sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in
writing the persons subject of the surveillance as defined above shall suffer the penalty of six
years and one day to eight years of imprisonment.
SEC. 14. Application to Open Deposited Sealed Envelope or Sealed Package. - The written
application with notice to the party concerned to open the deposited sealed envelope or
sealed package shall clearly state the purpose or reason: (a) for opening the sealed envelope
or sealed package; (b) for revealing or disclosing its classified contents; (c) for replaying,
divulging, and or reading any of the listened to, intercepted, and recorded communications,
messages, conversations, discussions, or spoken or written words (including any of the
excerpts and summaries thereof and any of the notes or memoranda made in connection
therewith); [ and, (d) for using any of said listened to, intercepted, and recorded
communications, messages, conversations, discussions, or spoken or written words (including
any of the excerpts and summaries thereof and any of the notes or memoranda made in
connection therewith) as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify as
defined above shall suffer the penalty of six years and one day to eight years of imprisonment.
SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to, intercepted, and
recorded communications, messages, conversations, discussions, or spoken or written words,
or any part or parts thereof, or any information or fact contained therein, including their
existence, content, substance, purport, effect, or meaning, which have been secured in
violation of the pertinent provisions of this Act, shall absolutely not be admissible and usable
as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 16. Penalty for Unauthorized or Malicious Interceptions and/or Recordings. - Any police
or law enforcement personnel who, not being authorized to do so by the authorizing division
of the Court of Appeals, tracks down, taps, listens to, intercepts, and records in whatever
manner or form any communication, message, conversation, discussion, or spoken or written
word of a person charged with or suspected of the crime of terrorism or the crime of conspiracy
to commit terrorism shall be guilty of an offense and shall suffer the penalty of ten (10) years
and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense,
the penalty of ten (10) years and one day to twelve (12) years of imprisonment and the
accessory penalty of perpetual absolute disqualification from public office shall be imposed
upon any police or law enforcement personnel who maliciously obtained an authority from
the Court of Appeals to track down, tap, listen to, intercept, and record in whatever manner
or form any communication, message, conversation, discussion, or spoken or written words of
a person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism: Provided, That notwithstanding Section 13 of this Act, the party aggrieved by such
authorization shall be allowed access to the sealed envelope or sealed package and the
contents thereof as evidence for the prosecution of any police or law enforcement personnel
who maliciously procured said authorization.
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of Persons. - Any
organization, association, or group of persons organized for the purpose of engaging in
terrorism, or which, although not organized for that purpose, actually uses the acts to terrorize
mentioned in this Act or to sow and create a condition of widespread and extraordinary fear
and panic among the populace in order to coerce the government to give in to an unlawful
demand shall, upon application of the Department of Justice before a competent Regional Trial
Court, with due notice and opportunity to be heard given to the organization, association, or
group of persons concerned, be declared as a terrorist and outlawed organization, association,
or group of persons by the said Regional Trial Court.
SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of Article
125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken
custody of a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the
delivery of detained persons to the proper judicial authorities, deliver said charged or
suspected person to the proper judicial authority within a period of three days counted from
the moment the said charged or suspected person has been apprehended or arrested,
detained, and taken into custody by the said police, or law enforcement personnel: Provided,
That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism
must result from the surveillance under Section 7 and examination of bank deposits under
Section 27 of this Act.
The police or law enforcement personnel concerned shall, before detaining the person
suspected of the crime of terrorism, present him or her before any judge at the latter's
residence or office nearest the place where the arrest took place at any time of the day or
night. It shall be the duty of the judge, among other things, to ascertain the identity of the
police or law enforcement personnel and the person or persons they have arrested and
presented before him or her, to inquire of them the reasons why they have arrested the person
and determine by questioning and personal observation whether or not the suspect has been
subjected to any physical, moral or psychological torture by whom and why. The judge shall
then submit a written report of what he/she had observed when the subject was brought
before him to the proper court that has jurisdiction over the case of the person thus arrested.
The judge shall forthwith submit his/her report within three calendar days from the time the
suspect was brought to his/her residence or office.
Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall
notify in writing the judge of the court nearest the place of apprehension or arrest: Provided
,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the judge nearest the place where the
accused was arrested.
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon the police or law enforcement personnel who fails to notify and judge as
Provided in the preceding paragraph.
SEC. 19. Period of Detention in the Event of an Actual or Imminent Terrorist Attack. - In the
event of an actual or imminent terrorist attack, suspects may not be detained for more than
three days without the written approval of a municipal, city, provincial or regional official of a
Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan
or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during
Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the residence of any of the officials
mentioned above that is nearest the place where the accused was arrested. The approval in
writing of any of the said officials shall be secured by the police or law enforcement personnel
concerned within five days after the date of the detention of the persons concerned: Provided,
however, That within three days after the detention the suspects, whose connection with the
terror attack or threat is not established, shall be released immediately.
SEC. 20. Penalty for Failure to Deliver Suspect to the Proper Judicial Authority within Three
Days. - The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall
be imposed upon any police or law enforcement personnel who has apprehended or arrested,
detained and taken custody of a person charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the
proper judicial authority within the period of three days.
SEC. 21. Rights of a Person under Custodial Detention. - The moment a person charged with
or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is
apprehended or arrested and detained, he shall forthwith be informed, by the arresting police
or law enforcement officers or by the police or law enforcement officers to whose custody the
person concerned is brought, of his or her right: (a) to be informed of the nature and cause of
his arrest, to remain silent and to have competent and independent counsel preferably of his
choice. If the person cannot afford the services of counsel of his or her choice, the police or
law enforcement officers concerned shall immediately contact the free legal assistance unit of
the Integrated Bar of the Philippines (IBP) or the Public Attorney's Office (PAO). It shall be the
duty of the free legal assistance unit of the IBP or the PAO thus contacted to immediately visit
the person(s) detained and provide him or her with legal assistance. These rights cannot be
waived except in writing and in the presence of the counsel of choice; (b) informed of the cause
or causes of his detention in the presence of his legal counsel; (c) allowed to communicate
freely with his legal counsel and to confer with them at any time without restriction; (d)
allowed to communicate freely and privately without restrictions with the members of his
family or with his nearest relatives and to be visited by them; and, (e) allowed freely to avail of
the service of a physician or physicians of choice.
SEC. 22. Penalty for Violation of the Rights of a Detainee. - Any police or law enforcement
personnel, or any personnel of the police or other law enforcement custodial unit that violates
any of the aforesaid rights of a person charged with or suspected of the crime of terrorism or
the crime of conspiracy to commit terrorism shall be guilty of an offense and shall suffer the
penalty of ten (10) years and one day to twelve (12) years of imprisonment.
Unless the police or law enforcement personnel who violated the rights of a detainee or
detainees as stated above is duly identified, the same penalty shall be imposed on the police
officer or hear or leader of the law enforcement unit having custody of the detainee at the
time the violation was done.
SEC. 23. Requirement for an Official Custodial Logbook and its Contents. - The police or other
law enforcement custodial unit in whose care and control the person charged with or
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism has been
placed under custodial arrest and detention shall keep a securely and orderly maintained
official logbook, which is hereby declared as a public document and opened to and made
available for .the inspection and scrutiny of the lawyer or lawyers of the person under custody
or any member of his or her family or relative by consanguinity or affinity within the fourth
civil degree or his or her physician at any time of the day or night without any form of
restriction. The logbook shall contain a clear and concise record of: (a) the name, description,
and address of the detained person; (b) the date and exact time of his initial admission for
custodial arrest and detention; (c) the name and address of the physician or physicians who
examined him physically and medically; (d) the state of his health and physical condition at the
time of his initial admission for custodial detention; (e) the date and time of each removal of
the detained person from his cell for interrogation or for any purpose; (f) the date and time of
his return to his cell; (g) the name and address of the physician or physicians who physically
and medically examined him after each interrogation; (h) a summary of the physical and
medical findings on the detained person after each of such interrogation; (i) the names and
addresses of his family members and nearest relatives, if any and if available; (j) the names
and addresses of persons, who visit the detained person; (k) the date and time of each of such
visits; (1) the date and time of each request of the detained person to communicate and confer
with his legal counsel or counsels; (m) the date and time of each visit, and date and time of
each departure of his legal counsel or counsels; and, (n) all other important events bearing on
and all relevant details regarding the treatment of the detained person while under custodial
arrest and detention.
The said police or law enforcement custodial unit shall upon demand of the aforementioned
lawyer or lawyers or members of the family or relatives within the fourth civil degree of
consanguinity or affinity of the person under custody or his or her physician issue a certified
true copy of the entries of the logbook relative to the concerned detained person without
delay or restriction or requiring any fees whatsoever including documentary stamp tax,
notarial fees, and the like. This certified true copy may be attested by the person who has
custody of the logbook or who allowed the party concerned to scrutinize it at the time the
demand for the certified true copy is made.
The police or other law enforcement custodial unit who fails to comply with the preceding
paragraph to keep an official logbook shall suffer the penalty of ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 24. No Torture or Coercion in Investigation and Interrogation. - No threat, intimidation,
or coercion, and no act which will inflict any form of physical pain or torment, or mental, moral,
or psychological pressure, on the detained person, which shall vitiate his freewill, shall be
employed in his investigation and interrogation for the crime of terrorism or the crime of
conspiracy to commit terrorism; otherwise, the evidence obtained from said detained person
resulting from such threat, intimidation, or coercion, or from such inflicted physical pain or
torment, or mental, moral, or psychological pressure, shall be, in its entirety, absolutely not
admissible and usable as evidence in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 25. Penalty for Threat, Intimidation, Coercion, or Torture in the Investigation and
Interrogation of a Detained Person. - Any person or persons who use threat, intimidation, or
coercion, or who inflict physical pain or torment, or mental, moral, or psychological pressure,
which shall vitiate the free-will of a charged or suspected person under investigation and
interrogation for the crime of terrorism or the crime of conspiracy to commit terrorism shall
be guilty of an offense and shall suffer the penalty of twelve (12) years and one day to twenty
(20) years of imprisonment.
When death or serious permanent disability of said detained person occurs as a consequence
of the use of such threat, intimidation, or coercion, or as a consequence of the infliction on
him of such physical pain or torment, or as a consequence of the infliction on him of such
mental, moral, or psychological pressure, the penalty shall be twelve (12) years and one day
to twenty (20) years of imprisonment.
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and the person
charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is
granted the same, the court, upon application by the prosecutor, shall limit the right of travel
of the accused to within the municipality or city where he resides or where the case is pending,
in the interest of national security and public safety, consistent with Article III, Section 6 of the
Constitution. Travel outside of said municipality or city, without the authorization of the court,
shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited
as provided under the Rules of Court.
He/she may also be placed under house arrest by order of the court at his or her usual place
of residence.
While under house arrest, he or she may not use telephones, cellphones, e-mails, computers,
the internet or other means of communications with people outside the residence until
otherwise ordered by the court.
The restrictions abovementioned shall be terminated upon the acquittal of the accused or of
the dismissal of the case filed against him or earlier upon the discretion of the court on motion
of the prosecutor or of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts, and Records. -
The provisions of Republic Act No. 1405 as amended, to the contrary notwithstanding, the
justices of the Court of Appeals designated as a special court to handle anti-terrorism cases
after satisfying themselves of the existence of probable cause in a hearing called for that
purpose that: (1) a person charged with or suspected of the crime of terrorism or, conspiracy
to commit terrorism, (2) of a judicially declared and outlawed terrorist organization,
association, or group of persons; and (3) of a member of such judicially declared and outlawed
organization, association, or group of persons, may authorize in writing any police or law
enforcement officer and the members of his/her team duly authorized in writing by the anti-
terrorism council to: (a) examine, or cause the examination of, the deposits, placements, trust
accounts, assets and records in a bank or financial institution; and (b) gather or cause the
gathering of any relevant information about such deposits, placements, trust accounts, assets,
and records from a bank or financial institution. The bank or financial institution concerned,
shall not refuse to allow such examination or to provide the desired information, when so,
ordered by and served with the written order of the Court of Appeals.
SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The written order of
the Court of Appeals authorizing the examination of bank deposits, placements, trust accounts,
assets, and records: (1) of a person charged with or suspected of the crime of terrorism or
conspiracy to commit terrorism; (2) of any judicially declared and outlawed terrorist
organization, association, or group of persons, or (3) of any member of such organization,
association, or group of persons in a bank or financial institution, and the gathering of any
relevant information about the same from said bank or financial institution, shall only be
granted by the authorizing division of the Court of Appeals upon an ex parte application to that
effect of a police or of a law enforcement official who has been duly authorized in writing to
file such ex parte application by the Anti-Terrorism Council created in Section 53 of this Act to
file such ex parte application, and upon examination under oath or affirmation of the applicant
and, the witnesses he may produce to establish the facts that will justify the need and urgency
of examining and freezing the bank deposits, placements, trust accounts, assets, and records:
(1) of the person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism; (2) of a judicially declared and outlawed terrorist organization, association or group
of persons; or (3) of any member of such organization, association, or group of persons.
SEC. 29. Classification and Contents of the Court Order Authorizing the Examination of Bank
Deposits, Accounts, and Records. - The written order granted by the authorizing division of the
Court of Appeals as well as its order, if any, to extend or renew the same, the original ex parte
application of the applicant, including his ex parte application to extend or renew, if any, and
the written authorizations of the Anti-Terrorism Council, shall be deemed and are hereby
declared as classified information: Provided, That the person whose bank deposits,
placements, trust accounts, assets, and records have been examined, frozen, sequestered and
seized by law enforcement authorities has the right to be informed of the acts done by the law
enforcement authorities in the premises or to challenge, if he or she intends to do so, the
legality of the interference. The written order of the authorizing division of the Court of
Appeals designated to handle cases involving terrorism shall specify: (a) the identify of the said:
(1) person charged with or suspected of the crime of terrorism or conspiracy to commit
terrorism; (2) judicially declared and outlawed terrorist organization, association, or group of
persons; and (3) member of such judicially declared and outlawed organization, association,
or group of persons, as the case may be. whose deposits, placements, trust accounts, assets,
and records are to be examined or the information to be gathered; (b) the identity of the bank
or financial Institution where such deposits, placements, trust accounts, assets, and records
are held and maintained; (c) the identity of the persons who will conduct the said examination
and the gathering of the desired information; and, (d) the length of time the authorization shall
be carried out.
SEC. 30. Effective Period of Court Authorization to Examine and Obtain Information on Bank
Deposits, Accounts, and Records. - The authorization issued or granted by the authorizing
division of the Court of Appeals to examine or cause the examination of and to freeze bank
deposits, placements, trust accounts, assets, and records, or to gather information about the
same, shall be effective for the length of time specified in the written order of the authorizing
division of the Court of Appeals, which shall not exceed a period of thirty (30) days from the
date of receipt of the written order of the authorizing division of the Court of Appeals by the
applicant police or law enforcement official.
The authorizing division of the Court of Appeals may extend or renew the said authorization
for another period, which shall not exceed thirty (30) days renewable to another thirty (30)
days from the expiration of the original period: Provided, That the authorizing division of the
Court of Appeals is satisfied that such extension or renewal is in the public interest: and,
Provided, further, That the application for extension or renewal, which must be filed by the
original applicant, has been duly authorized in writing by the Anti-Terrorism Council.
In case of death of the original applicant or in case he is physically disabled to file the
application for extension or renewal, the one next in rank to the original applicant among the
members of the ream named in the original written order of the authorizing division of the
Court of Appeals shall file the application for extension or renewal: Provided, That, without
prejudice to the liability of the police or law enforcement personnel under Section 19 hereof,
the applicant police or law enforcement official shall have thirty (30) days after the termination
of the period granted by the Court of Appeals as provided in the preceding paragraphs within
which to file the appropriate case before the Public Prosecutor's Office for any violation of this
Act.
If no case is filed within the thirty (30)-day period, the applicant police or law enforcement
official shall immediately notify in writing the person subject of the bank examination and
freezing of bank deposits, placements, trust accounts, assets and records. The penalty of ten
(10) years and one day to twelve (12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails to notify in writing the person subject of
the bank examination and freezing of bank deposits, placements, trust accounts, assets and
records.
Any person, law enforcement official or judicial authority who violates his duty to notify in
writing as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 31. Custody of Bank Data and Information Obtained after Examination of Deposits,
Placements, Trust Accounts, Assets and Records. - All information, data, excerpts, summaries,
notes, memoranda, working sheets, reports, and other documents obtained from the
examination of the bank deposits, placements, trust accounts, assets and records of: (1) a
person charged with or suspected of the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared and outlawed terrorist organization, association, or
group of persons; or (3) a member of any such organization, association, or group of persons
shall, within forty-eight (48) hours after the expiration of the period fixed in the written order
of the authorizing division of the Court of Appeals or within forty-eight (48) hours after the
expiration of the extension or renewal granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing division of the Court of Appeals in a sealed
envelope or sealed package, as the case may be, and shall be accompanied by a joint affidavit
of the applicant police or law enforcement official and the persons who actually conducted the
examination of said bank deposits, placements, trust accounts, assets and records.
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: (a) the identifying marks,
numbers, or symbols of the deposits, placements, trust accounts, assets, and records
examined; (b) the identity and address of the bank or financial institution where such deposits,
placements, trust accounts, assets, and records are held and maintained; (c) the number of
bank deposits, placements, trust accounts, assets, and records discovered, examined, and
frozen; (d) the outstanding balances of each of such deposits, placements, trust accounts,
assets; (e) all information, data, excerpts, summaries, notes, memoranda, working sheets,
reports, documents, records examined and placed in the sealed envelope or sealed package
deposited with the authorizing division of the Court of Appeals; (f) the date of the original
written authorization granted by the Anti-Terrorism Council to the applicant to file the ex parte
Application to conduct the examination of the said bank deposits, placements, trust accounts,
assets and records, as well as the date of any extension or renewal of the original written
authorization granted by the authorizing division of the Court of Appeals; and (g) that the items
Enumerated were all that were found in the bank or financial institution examined at the time
of the completion of the examination.
The joint affidavit shall also certify under oath that no duplicates or copies of the information,
data, excerpts, summaries, notes, memoranda, working sheets, reports, and documents
acquired from the examination of the bank deposits, placements, trust accounts, assets and
records have been made, or, if made, that all such duplicates and copies are placed in the
sealed envelope or sealed package deposited with the authorizing division of the Court of
Appeals.
It shall be unlawful for any person, police officer or custodian of the bank data and information
obtained after examination of deposits, placements, trust accounts, assets and records to
copy, to remove, delete, expunge, incinerate, shred or destroy in any manner the items
enumerated above in whole or in part under any pretext whatsoever,
Any person who copies, removes, deletes, expunges, incinerates, shreds or destroys the items
enumerated above shall suffer a penalty of not less than six years and one day to twelve (12)
years of imprisonment.
SEC. 33. Disposition of Bank Materials. - The sealed envelope or sealed package and the
contents thereof, which are deposited with the authorizing division of the Court of Appeals,
shall be deemed and are hereby declared classified information and the sealed envelope or
sealed package shall not be opened and its contents shall not be divulged, revealed, read, or
used as evidence unless authorized in a written order of the authorizing division of the Court
of Appeals, which written order shall be granted only upon a written application of the
Department of Justice filed before the authorizing division of the Court of Appeals and only
upon a showing that the Department of Justice has been duly authorized in writing by the Anti-
Terrorism Council to file the application, with notice in writing to the party concerned not later
than three days before the scheduled opening, to open, reveal, divulge, and use the contents
of the sealed envelope or sealed package as evidence.
Any person, law enforcement official or judicial authority who violates his duty to notify in
writing as defined above shall suffer the penalty of six years and one day to eight years of
imprisonment.
SEC. 34. Application to Open Deposited Bank Materials. - The written application, with notice
in writing to the party concerned not later than three days of the scheduled opening, to open
the sealed envelope or sealed package shall clearly state the purpose and reason: (a) for
opening the sealed envelope or sealed package; (b) for revealing and disclosing its classified
contents; and, (c) for using the classified information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and documents as evidence.
SEC. 35. Evidentiary Value of Deposited Bank Materials. - Any information, data, excerpts,
summaries, notes, memoranda, work sheets, reports, or documents acquired from the
examination of the bank deposits, placements, trust accounts, assets and records of: (1) a
person charged or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of persons, which have
been secured in violation of the provisions of this Act, shall absolutely not be admissible and
usable as evidence against anybody in any judicial, quasi-judicial, legislative, or administrative
investigation, inquiry, proceeding, or hearing.
SEC. 36. Penalty for Unauthorized or Malicious Examination of a Bank or a Financial
Institution. - Any person, police or law enforcement personnel who examines the deposits,
placements, trust accounts, assets, or records in a bank or financial institution of: (1) a person
charged with or suspected of the crime of terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed terrorist organization, association, or group
of persons; or (3) a member of such organization, association, or group of persons, without
being authorized to do so by the Court of Appeals, shall be guilty of an offense and shall suffer
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
In addition to the liability attaching to the offender for the commission of any other offense,
the penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be
imposed upon any police or law enforcement personnel, who maliciously obtained an
authority from the Court of Appeals to examine the deposits, placements, trust accounts,
assets, or records in a bank or financial institution of: (1) a person charged with or suspected
of the crime of terrorism or conspiracy to commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group of persons; or (3) a member of such
organization, association, or group of persons: Provided, That notwithstanding Section 33 of
this Act, the party aggrieved by such authorization shall upon motion duly filed be allowed
access to the sealed envelope or sealed package and the contents thereof as evidence for the
prosecution of any police or law enforcement personnel who maliciously procured said
authorization.
SEC. 37. Penalty of Bank Officials and Employees Defying a Court Authorization. - An
employee, official, or a member of the board of directors of a bank or financial institution, who
refuses to allow the examination of the deposits, placements, trust accounts, assets, and
records of: (1) a person charged with or suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism; (2) a judicially declared and outlawed organization,
association, or group of persons; or (3) a member of such judicially declared and outlawed
organization, association, or group of persons in said bank or financial institution, when duly
served with the written order of the authorizing division of the Court of Appeals, shall be guilty
of an offense and shall suffer the penalty of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 38. Penalty for False or Untruthful Statement or Misrepresentation of Material Fact in
Joint Affidavits. - Any false or untruthful statement or misrepresentation of material fact in
the joint affidavits required respectively in Section 12 and Section 32 of this Act shall constitute
a criminal offense and the affiants shall suffer individually the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 39. Seizure and Sequestration. - The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any bank or financial institution, moneys,
businesses, transportation and communication equipment, supplies and other implements,
and property of whatever kind and nature belonging: (1) to any person suspected of or charged
before a competent Regional Trial Court for the crime of terrorism or the crime of conspiracy
to commit terrorism; (2) to a judicially declared and outlawed organization, association, or
group of persons; or (3) to a member of such organization, association, or group of persons
shall be seized, sequestered, and frozen in order to prevent their use, transfer, or conveyance
for purposes that are inimical to the safety and security of the people or injurious to the
interest of the State.
The accused or a person suspected of may withdraw such sums as may be reasonably needed
by the monthly needs of his family including the services of his or her counsel and his or her
family's medical needs upon approval of the court. He or she may also use any of his property
that is under seizure or sequestration or frozen because of his/her indictment as a terrorist
upon permission of the court for any legitimate reason.
Any person who unjustifiably refuses to follow the order of the proper division of the Court of
Appeals to allow the person accused of the crime of terrorism or of the crime of conspiracy to
commit terrorism to withdraw such sums from sequestered or frozen deposits, placements,
trust accounts, assets and records as may be necessary for the regular sustenance of his/her
family or to use any of his/her property that has been seized, sequestered or frozen for
legitimate purposes while his/her case is pending shall suffer the penalty of ten (10) years and
one day to twelve (12) years of imprisonment.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Records. - The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records belonging to a person suspected of or charged
with the crime of terrorism or conspiracy to commit terrorism shall be deemed as property
held in trust by the bank or financial institution for such person and the government during
the pendency of the investigation of the person suspected of or during the pendency of the
trial of the person charged with any of the said crimes, as the case may be and their use or
disposition while the case is pending shall be subject to the approval of the court before which
the case or cases are pending.
SEC. 41. Disposition of the Seized, Sequestered and Frozen Bank Deposits, Placements, Trust
Accounts, Assets and Record. - If the person suspected of or charged with the crime of
terrorism or conspiracy to commit terrorism is found, after his investigation, to be innocent by
the investigating body, or is acquitted, after his arraignment or his case is dismissed before his
arraignment by a competent court, the seizure, sequestration and freezing of his bank
deposits, placements, trust accounts, assets and records shall forthwith be deemed lifted by
the investigating body or by the competent court, as the case may be, and his bank deposits,
placements, trust accounts, assets and records shall be deemed released from such seizure,
sequestration and freezing, and shall be restored to him without any delay by the bank or
financial institution concerned without any further action on his part. The filing of any appeal
on motion for reconsideration shall not state the release of said funds from seizure,
sequestration and freezing.
If the person charged with the crime of terrorism or conspiracy to commit terrorism is
convicted by a final judgment of a competent trial court, his seized, sequestered and frozen
bank deposits, placements, trust accounts, assets and records shall be automatically forfeited
in favor of the government.
Upon his or her acquittal or the dismissal of the charges against him or her, the amount of Five
hundred thousand pesos (P500.000.00) a day for the period in which his properties, assets or
funds were seized shall be paid to him on the concept of liquidated damages. The amount shall
be taken from the appropriations of the police or law enforcement agency that caused the
filing of the enumerated charges against him/her.
SEC. 42. Penalty for Unjustified Refusal to Restore or Delay in Restoring Seized, Sequestered
and Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person who
unjustifiably refuses to restore or delays the restoration of seized, sequestered and frozen
bank deposits, placements, trust accounts, assets and records of a person suspected of or
charged with the crime of terrorism or conspiracy to commit terrorism after such suspected
person has been found innocent by the investigating body or after the case against such
charged person has been dismissed or after he is acquitted by a competent court shall suffer
the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 43. Penalty for the Loss, Misuse, Diversion or Dissipation of Seized, Sequestered and
Frozen Bank Deposits, Placements, Trust Accounts, Assets and Records. - Any person who is
responsible for the loss, misuse, diversion, or dissipation of the whole or any part of the seized,
sequestered and frozen bank deposits, placements, trust accounts, assets and records of a
person suspected of or charged with the crime of terrorism or conspiracy to commit terrorism
shall suffer the penalty of ten (10) years and one day to twelve (12) years of imprisonment.
SEC. 44. Infidelity in the Custody of Detained Persons. - Any public officer who has direct
custody of a detained person or under the provisions of this Act and who by his deliberate act,
misconduct, or inexcusable negligence causes or allows the escape of such detained person
shall be guilty of an offense and shall suffer the penalty of: (a) twelve (12) years and one day
to twenty (20) years of imprisonment, if the detained person has already been convicted and
sentenced in a final judgment of a competent court; and (b) six years and one day to twelve
(12) years of imprisonment, if the detained person has not been convicted and sentenced in a
final judgment of a competent court.
SEC. 45. Immunity and Protection of Government Witnesses. - The provisions of Republic Act
No. 6981 (Witness Protection, Security and Benefits Act) to the contrary notwithstanding, the
immunity of government witnesses testifying under this Act shall be governed by Sections 17
and 18 of Rule 119 of the Rules of Court: Provided, however, That said witnesses shall be
entitled to benefits granted to witnesses under said Republic Act No.6981.
SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty of ten (10)
years and one day to twelve (12) years of imprisonment shall be imposed upon any person,
police or law enforcement agent, judicial officer or civil servant who, not being authorized by
the Court of Appeals to do so, reveals in any manner or form any classified information under
this Act.
SEC. 47. Penalty for Furnishing False Evidence, Forged Document, or Spurious Evidence. - The
penalty of twelve (12) years and one day to twenty (20) years of imprisonment shall be
imposed upon any person who knowingly furnishes false testimony, forged document or
spurious evidence in any investigation or hearing under this Act.
SEC. 48. Continuous Trial. - In cases of terrorism or conspiracy to commit terrorism, the judge
shall set the continuous trial on a daily basis from Monday to Friday or other short-term trial
calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to Another Prosecution under the Revised
Penal Code or any Special Penal Laws. - When a person has been prosecuted under a provision
of this Act, upon a valid complaint or information or other formal charge sufficient in form and
substance to sustain a conviction and after the accused had pleaded to the charge, the
acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for
any offense or felony which is necessarily included in the offense charged under this Act.
SEC. 50. Damages for Unproven Charge of Terrorism. - Upon acquittal, any person who is
accused of terrorism shall be entitled to the payment of damages in the amount of Five
hundred thousand pesos (P500,000.00) for every day that he or she has been detained or
deprived of liberty or arrested without a warrant as a result of such an accusation. The amount
of damages shall be automatically charged against the appropriations of the police agency or
the Anti-Terrorism Council that brought or sanctioned the filing of the charges against the
accused. It shall also be released within fifteen (15) days from the date of the acquittal of the
accused. The award of damages mentioned above shall be without prejudice to the right of the
acquitted accused to file criminal or administrative charges against those responsible for
charging him with the case of terrorism.
Any officer, employee, personnel, or person who delays the release or refuses to release the
amounts awarded to the individual acquitted of the crime of terrorism as directed in the
paragraph immediately preceding shall suffer the penalty of six months of imprisonment.
If the deductions are less than the amounts due to the detained persons, the amount needed
to complete the compensation shall be taken from the current appropriations for intelligence,
emergency, social or other funds of the Office of the President.
In the event that the amount cannot be covered by the current budget of the police or law
enforcement agency concerned, the amount shall be automatically included in the
appropriations of the said agency for the coming year.
SEC. 51. Duty to Record and Report the Name and Address of the Informant. - The police or
law enforcement officers to whom the name or a suspect in the crime of terrorism was first
revealed shall record the real name and the specific address of the informant.
The police or law enforcement officials concerned shall report the informant's name and
address to their superior officer who shall transmit the information to the Congressional
Oversight Committee or to the proper court within five days after the suspect was placed under
arrest or his properties were sequestered, seized or frozen.
The name and address of the informant shall be considered confidential and shall not be
unnecessarily revealed until after the proceedings against the suspect shall have been
terminated.
SEC. 52. Applicability of the Revised Penal Code. - The provisions of Book I of the Revised Penal
Code shall be applicable to this Act.
SEC. 53. Anti-Terrorism Council. - An Anti-Terrorism Council, hereinafter referred to, for
brevity, as the "Council," is hereby created. The members of the Council are: (1) the Executive
Secretary, who shall be its Chairperson; (2) the Secretary of Justice, who shall be its Vice
Chairperson; and (3) the Secretary of Foreign Affairs; (4) the Secretary of National Defense; (5)
the Secretary of the Interior and Local Government; (6) the Secretary of Finance; and (7) the
National Security Advisor, as its other members.
The Council shall implement this Act and assume the responsibility for the proper and effective
implementation of the anti-terrorism policy of the country. The Council shall keep records of
its proceedings and decisions. All records of the Council shall be subject to such security
classifications as the Council may, in its judgment and discretion, decide to adopt to safeguard
the safety of the people, the security of the Republic, and the welfare of the nation.
The National Intelligence Coordinating Agency shall be the Secretariat of the Council. The
Council shall define the powers, duties, and functions of the National Intelligence Coordinating
Agency as Secretariat of the Council. The National Bureau of Investigation, the Bureau of
Immigration, the Office of Civil Defense, the Intelligence Service of the Armed Forces of the
Philippines, the Anti-Money Laundering Council, the Philippine Center on Transnational Crime,
and the Philippine National Police intelligence and investigative elements shall serve as
support agencies for the Council.
The Council shall formulate and adopt comprehensive, adequate, efficient, and effective anti-
terrorism plans, programs, and counter-measures to suppress and eradicate terrorism in the
country and to protect the people from acts of terrorism. Nothing herein shall be interpreted
to empower the Anti-Terrorism Council to exercise any judicial or quasi-judicial power or
authority.
SEC. 54. Functions of the Council. - In pursuit of its mandate in the previous Section, the
Council shall have the following functions with due regard for the rights of the people as
mandated by the Constitution and pertinent laws:
1. Formulate and adopt plans, programs and counter-measures against terrorists and
acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts of terrorism in the
country and mobilize the entire nation against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all persons accused or detained
for the crime of terrorism or conspiracy to commit terrorism and other offenses
punishable under this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base information system on
terrorism, terrorist activities, and counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust accounts, assets and
records belonging to a person suspected of or charged with the crime of terrorism
or conspiracy to commit terrorism, pursuant to Republic Act No. 9160, otherwise
known as the Anti-Money Laundering Act of 2001, as amended;
6. Grant monetary rewards and other incentives to informers who give vital
information leading to the apprehension, arrest, detention, prosecution, and
conviction of person or persons who are liable for the crime of terrorism or
conspiracy to commit terrorism;
7. Establish and maintain coordination with and the cooperation and assistance of
other nations in the struggle against international terrorism; and
8. Request the Supreme Court to designate specific divisions of the Court of Appeals
and Regional Trial Courts in Manila, Cebu City and Cagayan de Oro City, as the case
may be, to handle all cases involving the crime of terrorism or conspiracy to commit
terrorism and all matters incident to said crimes. The Secretary of Justice shall assign
a team of prosecutors from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases filed in Cebu City; and (c)
from Mindanao to handle cases filed in Cagayan de Oro City.
SEC. 55. Role of the Commission on Human Rights. - The Commission on Human Rights shall
give the highest priority to the investigation and prosecution of violations of civil and political
rights of persons in relation to the implementation of this Act; and for this purpose, the
Commission shall have the concurrent jurisdiction to prosecute public officials, law enforcers,
and other persons who may have violated the civil and political rights of persons suspected of,
or detained for the crime of terrorism or conspiracy to commit terrorism.
SEC. 56. Creation of a Grievance Committee. - There is hereby created a Grievance Committee
composed of the Ombudsman, as chair, and the Solicitor General, and an undersecretary from
the Department of Justice (DOJ), as members, to receive and evaluate complaints against the
actuations of the police and law enforcement officials in the implementation of this Act. The
Committee shall hold office in Manila. The Committee shall have three subcommittees that
will be respectively headed by the Deputy Ombudsmen in Luzon, the Visayas and Mindanao.
The subcommittees shall respectively hold office at the Offices of Deputy Ombudsman. Three
Assistant Solicitors General designated by the Solicitor General, and the regional prosecutors
of the DOJ assigned to the regions where the Deputy Ombudsmen hold office shall be members
thereof. The three subcommittees shall assist the Grievance Committee in receiving,
investigating and evaluating complaints against the police and other law enforcement officers
in the implementation of this Act. If the evidence warrants it, they may file the appropriate
cases against the erring police and law enforcement officers. Unless seasonably disowned or
denounced by the complainants, decisions or judgments in the said cases shall preclude the
filing of other cases based on the same cause or causes of action as those that were filed with
the Grievance Committee or its branches.
SEC. 57. Ban on Extraordinary Rendition. - No person suspected or convicted of the crime of
terrorism shall be subjected to extraordinary rendition to any country unless his or her
testimony is needed for terrorist related police investigations or judicial trials in the said
country and unless his or her human rights, including the right against torture, and right to
counsel, are officially assured by the requesting country and transmitted accordingly and
approved by the Department of Justice.
SEC. 58. Extra-Territorial Application of this Act. - Subject to the provision of an existing treaty
of which the Philippines is a signatory and to any contrary provision of any law of preferential
application, the provisions of this Act shall apply: (1) to individual persons who commit any of
the crimes defined and punished in this Act within the terrestrial domain, interior waters,
maritime zone, and airspace of the Philippines; (2) to individual persons who, although
physically outside the territorial limits of the Philippines, commit, conspire or plot to commit
any of the crimes defined and punished in this Act inside the territorial limits of the Philippines;
(3) to individual persons who, although physically outside the territorial limits of the
Philippines, commit any of the said crimes on board Philippine ship or Philippine airship; (4) to
individual persons who commit any of said crimes within any embassy, consulate, or diplomatic
premises belonging to or occupied by the Philippine government in an official capacity; (5) to
individual persons who, although physically outside the territorial limits of the Philippines,
commit said crimes against Philippine citizens or persons of Philippines descent, where their
citizenship or ethnicity was a factor in the commission of the crime; and (6) to individual
persons who, although physically outside the territorial limits of the Philippines, commit said
crimes directly against the Philippine government.
SEC. 59. Joint Oversight Committee. - There is hereby created a Joint Oversight Committee to
oversee the implementation of this Act. The Oversight Committee shall be composed of five
members each from the Senate and the House in addition to the Chairs of the Committees of
Public Order of both Houses who shall also Chair the Oversight Committee in the order
specified herein. The membership of the Committee for every House shall at least have two
opposition or minority members. The Joint Oversight Committee shall have its own
independent counsel. The Chair of the Committee shall rotate every six months with the
Senate chairing it for the first six months and the House for the next six months. In every case,
the ranking opposition or minority member of the Committee shall be the Vice Chair. Upon the
expiration of one year after this Act is approved by the President, the Committee shall review
the Act particularly the provision that authorize the surveillance of suspects of or persons
charged with the crime of terrorism. To that end, the Committee shall summon the police and
law enforcement officers and the members of the Anti-Terrorism Council and require them to
answer questions from the members of Congress and to submit a written report of the acts
they have done in the implementation of the law including the manner in which the persons
suspected of or charged with the crime of terrorism have been dealt with in their custody and
from the date when the movements of the latter were subjected to surveillance and his or her
correspondences, messages, conversations and the like were listened to or subjected to
monitoring, recording and tapping. Without prejudice to its submitting other reports, the
Committee shall render a semiannual report to both Houses of Congress. The report may
include where necessary a recommendation to reassess the effects of globalization on terrorist
activities on the people, provide a sunset clause to or amend any portion of the Act or to repeal
the Act in its entirety. The courts dealing with anti-terrorism cases shall submit to Congress
and the President a report every six months of the status of anti-terrorism cases that have
been filed with them starting from the date this Act is implemented.
RA 1405 (1955)
AN ACT PROHIBITING DISCLOSURE OF OR INQUIRY INTO, DEPOSITS WITH ANY BANKING
INSTITUTION AND PROVIDING PENALTY THEREFOR.
Section 1. It is hereby declared to be the policy of the Government to give encouragement to
the people to deposit their money in banking institutions and to discourage private hoarding
so that the same may be properly utilized by banks in authorized loans to assist in the economic
development of the country.
Section 2. All deposits of whatever nature with banks or banking institutions in the Philippines
including investments in bonds issued by the Government of the Philippines, its political
subdivisions and its instrumentalities, are hereby considered as of an absolutely confidential
nature and may not be examined, inquired or looked into by any person, government official,
bureau or office, except upon written permission of the depositor, or in cases of impeachment,
or upon order of a competent court in cases of bribery or dereliction of duty of public officials,
or in cases where the money deposited or invested is the subject matter of the litigation.
Section 3. It shall be unlawful for any official or employee of a banking institution to disclose
to any person other than those mentioned in Section two hereof any information concerning
said deposits.

SEC. 60. Separability Clause. - If for any reason any part or provision of this Act is declared Section 4. All Acts or parts of Acts, Special Charters, Executive Orders, Rules and Regulations
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby which are inconsistent with the provisions of this Act are hereby repealed.
shall remain and continue to be in full force and effect.
RA 6426 (1972)
SEC. 61. Repealing Clause. - All laws, decrees, executive orders, rules or regulations or parts
thereof, inconsistent with the provisions of this Act are hereby repealed, amended, or modified
AN ACT INSTITUTING A FOREIGN CURRENCY DEPOSIT SYSTEM IN THE PHILIPPINES, AND
accordingly.
FOR OTHER PURPOSES.

SEC. 62. Special Effectivity Clause. - After the bill shall have been signed into law by the
Section 1. Title.– This act shall be known as the "Foreign Currency Deposit Act of the
President, the Act shall be published in three newspapers of national circulation; three
Philippines."
newspapers of local circulation, one each in llocos Norte, Baguio City and Pampanga; three
newspapers of local circulation, one each in Cebu, lloilo and Tacloban; and three newspapers
of local circulation, one each in Cagayan de Oro, Davao and General Santos city. Section 2. Authority to deposit foreign currencies. – Any person, natural or juridical, may, in
accordance with the provisions of this Act, deposit with such Philippine banks in good standing,
as may, upon application, be designated by the Central Bank for the purpose, foreign
The title of the Act and its provisions defining the acts of terrorism that are punished shall be
currencies which are acceptable as part of the international reserve, except those which are
aired everyday at primetime for seven days, morning, noon and night over three national
required by the Central Bank to be surrendered in accordance with the provisions of Republic
television and radio networks; three radio and television networks, one each in Cebu, Tacloban
Act Numbered two hundred sixty-five (Now Rep. Act No. 7653).
and lloilo; and in five radio and television networks, one each in Lanao del Sur, Cagayan de Oro,
Davao City, Cotabato City and Zamboanga City. The publication in the newspapers of local
circulation and the announcements over local radio and television networks shall be done in Section 3. Authority of banks to accept foreign currency deposits. – The banks designated by
the dominant language of the community. After the publication required above shall have the Central Bank under Section two hereof shall have the authority:
been done, the Act shall take effect two months after the elections are held in May 2007.
Thereafter, the provisions of this Act shall be automatically suspended one month before and
two months as after the holding of any election.
 (1) To accept deposits and to accept foreign currencies in trust Provided, That
numbered accounts for recording and servicing of said deposits shall be allowed;
(2) To issue certificates to evidence such deposits;
(3) To discount said certificates;
(4) To accept said deposits as collateral for loans subject to such rules and regulations
as may be promulgated by the Central Bank from time to time; and
(5) To pay interest in foreign currency on such deposits.
Section 4. Foreign currency cover requirements. – Except as the Monetary Board may
otherwise prescribe or allow, the depository banks shall maintain at all times a one hundred
percent foreign currency cover for their liabilities, of which cover at least fifteen percent shall
be in the form of foreign currency deposit with the Central Bank, and the balance in the form
of foreign currency loans or securities, which loans or securities shall be of short term
maturities and readily marketable. Such foreign currency loans may include loans to domestic
enterprises which are export-oriented or registered with the Board of Investments, subject to
the limitations to be prescribed by the Monetary Board on such loans. Except as the Monetary
Board may otherwise prescribe or allow, the foreign currency cover shall be in the same
currency as that of the corresponding foreign currency deposit liability. The Central Bank may
pay interest on the foreign currency deposit, and if requested shall exchange the foreign
currency notes and coins into foreign currency instruments drawn on its depository banks. (As
amended by PD No. 1453, June 11, 1978.)
Depository banks which, on account of networth, resources, past performance, or other
pertinent criteria, have been qualified by the Monetary Board to function under an expanded
foreign currency deposit system, shall be exempt from the requirements in the preceding
paragraph of maintaining fifteen percent (15%) of the cover in the form of foreign currency
deposit with the Central Bank. Subject to prior Central Bank approval when required by Central
Bank regulations, said depository banks may extend foreign currency loans to any domestic
enterprise, without the limitations prescribed in the preceding paragraph regarding maturity
and marketability, and such loans shall be eligible for purposes of the 100% foreign currency
cover prescribed in the preceding paragraph. (As added by PD No. 1035.)
Section 5. Withdrawability and transferability of deposits. – There shall be no restriction on
the withdrawal by the depositor of his deposit or on the transferability of the same abroad
except those arising from the contract between the depositor and the bank.
Section 6. Tax exemption. – All foreign currency deposits made under this Act, as amended by
PD No. 1035, as well as foreign currency deposits authorized under PD No. 1034, including
interest and all other income or earnings of such deposits, are hereby exempted from any and
all taxes whatsoever irrespective of whether or not these deposits are made by residents or
nonresidents so long as the deposits are eligible or allowed under aforementioned laws and,
in the case of nonresidents, irrespective of whether or not they are engaged in trade or
business in the Philippines. (As amended by PD No. 1246, prom. Nov. 21, 1977.)
Section 7. Rules and regulations. – The Monetary Board of the Central Bank shall promulgate
such rules and regulations as may be necessary to carry out the provisions of this Act which
shall take effect after the publications in the Official Gazette and in a newspaper of national
circulation for at least once a week for three consecutive weeks. In case the Central Bank
promulgates new rules and regulations decreasing the rights of depositors, rules and
regulations at the time the deposit was made shall govern.
Section 8. Secrecy of foreign currency deposits. – All foreign currency deposits authorized
under this Act, as amended by PD No. 1035, as well as foreign currency deposits authorized
under PD No. 1034, are hereby declared as and considered of an absolutely confidential nature
and, except upon the written permission of the depositor, in no instance shall foreign currency
deposits be examined, inquired or looked into by any person, government official, bureau or
office whether judicial or administrative or legislative, or any other entity whether public or
private; Provided, however, That said foreign currency deposits shall be exempt from
attachment, garnishment, or any other order or process of any court, legislative body,
government agency or any administrative body whatsoever. (As amended by PD No. 1035, and
further amended by PD No. 1246, prom. Nov. 21, 1977.)
Section 9. Deposit insurance coverage. – The deposits under this Act shall be insured under the
provisions of Republic Act No. 3591, as amended (Philippine Deposit Insurance Corporation),
as well as its implementing rules and regulations: Provided, That insurance payment shall be in
the same currency in which the insured deposits are denominated.
Section 10. Penal provisions. – Any willful violation of this Act or any regulation duly
promulgated by the Monetary Board pursuant hereto shall subject the offender upon
conviction to an imprisonment of not less than one year nor more than five years or a fine of
not less than five thousand pesos nor more than twenty-five thousand pesos, or both such fine
and imprisonment at the discretion of the court.
Section 11. Separability clause. – The provisions of this Act are hereby declared to be separable
and in the event one or more of such provisions are held unconstitutional, the validity of other
provisions shall not be affected thereby.
Section 12. Repealing clause. – All acts, executive orders, rules and regulations, or parts
thereof, which are inconsistent with any provisions of this Act are hereby repealed, amended
or modified accordingly, without prejudice, however, to deposits made thereunder.
Section 12-A. Amendatory enactments and regulations. – In the event a new enactment or
regulation is issued decreasing the rights hereunder granted, such new enactment or
regulation shall not apply to foreign currency deposits already made or existing at the time of
issuance of such new enactment or regulation, but such new enactment or regulation shall
apply only to foreign currency deposits made after its issuance. (As added by PD No. 1246,
prom. Nov. 21, 1977.)
RA 9160 (2001)
AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
Section 1. Short Title. – This Act shall be known as the "Anti-Money Laundering Act of 2001."
Section 2. Declaration of Policy. – It is hereby declared the policy of the State to protect and
preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines
shall not be used as a money laundering site for the proceeds of any unlawful activity.
Consistent with its foreign policy, the State shall extend cooperation in transnational
investigations and prosecutions of persons involved in money laundering activities whenever
committed.
Section 3. Definitions. For purposes of this Act, the following terms are hereby defined as
follows:
(a) "Covered Institution" refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all other institutions
and their subsidiaries and affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);
(2) Insurance companies and all other institutions supervised or regulated
by the Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment houses and other
similar entities managing securities or rendering services as investment
agent, advisor, or consultant, (ii) mutual funds, close and investment
companies, common trust funds, pre-need companies and other similar
entities, (iii) foreign exchange corporations, money changers, money
payment, remittance, and transfer companies and other similar entities,
and (iv) other entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon, valuable objects, cash
substitutes and other similar monetary instruments or property supervised
or regulated by Securities and Exchange Commission.
(b) "Covered transaction" is a single, series, or combination of transactions involving
a total amount in excess of Four million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the prevailing exchange rate within
five (5) consecutive banking days except those between a covered institution and a
person who, at the time of the transaction was a properly identified client and the
amount is commensurate with the business or financial capacity of the client; or
those with an underlying legal or trade obligation, purpose, origin or economic
justification.
It likewise refers to a single, series or combination or pattern of unusually large and
complex transactions in excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no credible purpose or origin,
underlying trade obligation or contract.
(c) "Monetary Instrument" refers to:
(1) coins or currency of legal tender of the Philippines, or of any other
country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds, commercial papers,
deposit certificates, trust certificates, custodial receipts or deposit
substitute instruments, trading orders, transaction tickets and
confirmations of sale or investments and money marked instruments; and
(4) other similar instruments where title thereto passes to another by
endorsement, assignment or delivery.
(d) "Offender" refers to any person who commits a money laundering offense.
(e) "Person" refers to any natural or juridical person.
(f) "Proceeds" refers to an amount derived or realized from an unlawful activity.
(g) "Supervising Authority" refers to the appropriate supervisory or regulatory
agency, department or office supervising or regulating the covered institutions
enumerated in Section 3(a).
(h) "Transaction" refers to any act establishing any right or obligation or giving rise
to any contractual or legal relationship between the parties thereto. It also includes
any movement of funds by any means with a covered institution.
(l) "Unlawful activity" refers to any act or omission or series or combination thereof
involving or having relation to the following:
(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise
known as the Revised Penal Code, as amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic Act No. 6425, as
amended, otherwise known as the Dangerous Drugs Act of 1972;
 (3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended; otherwise known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and
302 of the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as illegal gambling under Presidential
Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under, Article 310 of the Revised Penal Code, as
amended;
(9) Swindling under Article 315 of the Revised Penal Code, as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise known as the
Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No. 6235;
destructive arson and murder, as defined under the Revised Penal Code,
as amended, including those perpetrated by terrorists against non-
combatant persons and similar targets;
(13) Fraudulent practices and other violations under Republic Act No.
8799, otherwise known as the Securities Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are punishable under the
penal laws of other countries.
Section 4. Money Laundering Offense. – Money laundering is a crime whereby the proceeds of
an unlawful activity are transacted, thereby making them appear to have originated from
legitimate sources. It is committed by the following:
(a) Any person knowing that any monetary instrument or property represents,
involves, or relates to the proceeds of any unlawful activity, transacts or attempts to
transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the
proceeds of any unlawful activity, performs or fails to perform any act as a result of
which he facilitates the offense of money laundering referred to in paragraph (a)
above.
(c) Any person knowing that any monetary instrument or property is required under
this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC),
fails to do so.
Section 5. Jurisdiction of Money Laundering Cases. – The regional trial courts shall have
jurisdiction to try all cases on money laundering. Those committed by public officers and
private persons who are in conspiracy with such public officers shall be under the jurisdiction
of the Sandiganbayan.
Section 6. Prosecution of Money Laundering. –
(a) Any person may be charged with and convicted of both the offense of money
laundering and the unlawful activity as herein defined.
(b) Any proceeding relating to the unlawful activity shall be given precedence over
the prosecution of any offense or violation under this Act without prejudice to the
freezing and other remedies provided.
Section 7. Creation of Anti-Money Laundering Council (AMLC). – The Anti-Money Laundering
Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng
Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the
Securities and Exchange Commission as members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered
institution to determine the true identity of the owner of any monetary instrument
or property subject of a covered transaction report or request for assistance from a
foreign State, or believed by the Council, on the basis of substantial evidence to be
in whole or in part, whenever located, representing, involving, or related to, directly
or indirectly, in any manner or by any means, the proceeds of an unlawful activity;
(3) to institute civil forfeiture proceedings and all other remedial proceedings
through the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the
Ombudsman for the prosecution of money laundering offenses;
(5) to initiate investigations of covered transactions, money laundering activities and
other violations of this Act;
 (6) to freeze any monetary instrument or property alleged to be proceed of any
unlawful activity;
(7) to implement such measures as may be necessary and justified under this Act to
counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for
assistance in their own anti-money laundering operations provided in this Act;
(9) to develop educational programs on the pernicious effects of money laundering,
the methods and techniques used in money laundering, the viable means of
preventing money laundering and the effective ways of prosecuting and punishing
offenders; and
(10) to enlist the assistance of any branch, department, bureau, office, agency or
instrumentality of the government, including government-owned and –controlled
corporations, in undertaking any and all anti-money laundering operations, which
may include the use of its personnel, facilities and resources for the more resolute
prevention, detection and investigation of money laundering offenses and
prosecution of offenders.
Section 8. Creation of a Secretariat. – The AMLC is hereby authorized to establish a secretariat
to be headed by an Executive Director who shall be appointed by the Council for a term of five
(5) years. He must be a member of the Philippine Bar, at least thirty-five (35) years of age and
of good moral character, unquestionable integrity and known probity. All members of the
Secretariat must have served for at least five (5) years either in the Insurance Commission, the
Securities and Exchange Commission or the Bangko Sentral ng Pilipinas (BSP) and shall hold
full-time permanent positions within the BSP.
Section 9. Prevention of Money Laundering; Customer Identification Requirements and Record
Keeping. –
(a) Customer Identification, - Covered institutions shall establish and record the true
identity of its clients based on official documents. They shall maintain a system of
verifying the true identity of their clients and, in case of corporate clients, require a
system of verifying their legal existence and organizational structure, as well as the
authority and identification of all persons purporting to act on their behalf.
The provisions of existing laws to the contrary notwithstanding, anonymous
accounts, accounts under fictitious names, and all other similar accounts shall be
absolutely prohibited. Peso and foreign currency non-checking numbered accounts
shall be allowed. The BSP may conduct annual testing solely limited to the
determination of the existence and true identity of the owners of such accounts.
(b) Record Keeping – All records of all transactions of covered institutions shall be
maintained and safely stored for five (5) years from the date of transactions. With
respect to closed accounts, the records on customer identification, account files and
business correspondence, shall be preserved and safety stored for at least five (5)
years from the dates when they were closed.
(c) Reporting of Covered Transactions. – Covered institutions shall report to the
AMLC all covered transactions within five (5) working days from occurrence thereof,
unless the Supervising Authority concerned prescribes a longer period not exceeding
ten (10) working days.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates shall not be deemed
to have violated Republic Act No. 1405, as amended; Republic Act No. 6426, as amended;
Republic Act No. 8791 and other similar laws, but are prohibited from communicating, directly
or indirectly, in any manner or by any means, to any person the fact that a covered transaction
report was made, the contents thereof, or any other information in relation thereto. In case of
violation thereof, the concerned officer, employee, representative, agent, advisor, consultant
or associate of the covered institution, shall be criminally liable. However, no administrative,
criminal or civil proceedings, shall lie against any person for having made a covered transaction
report in the regular performance of his duties and in good faith, whether or not such reporting
results in any criminal prosecution under this Act or any other Philippine law.
When reporting covered transactions to the AMLC, covered institutions and their officers,
employees, representatives, agents, advisors, consultants or associates are prohibited from
communicating, directly or indirectly, in any manner or by any means, to any person, entity,
the media, the fact that a covered transaction report was made, the contents thereof, or any
other information in relation thereto. Neither may such reporting be published or aired in any
manner or form by the mass media, electronic mail, or other similar devices. In case of violation
thereof, the concerned officer, employee, representative, agent, advisor, consultant or
associate of the covered institution, or media shall be held criminally liable.
Section 10. Authority to Freeze. – Upon determination that probable cause exists that any
deposit or similar account is in any way related to an unlawful activity, the AMLC may issue a
freeze order, which shall be effective immediately, on the account for a period not exceeding
fifteen (15) days. Notice to the depositor that his account has been frozen shall be issued
simultaneously with the issuance of the freeze order. The depositor shall have seventy-two
(72) hours upon receipt of the notice to explain why the freeze order should be lifted. The
AMLC has seventy-two (72) hours to dispose of the depositor's explanation. If it falls to act
within seventy-two (72) hours from receipt of the depositor's explanation, the freeze order
shall automatically be dissolved. The fifteen (15)-day freeze order of the AMLC may be
extended upon order of the court, provided that the fifteen (15)-day period shall be tolled
pending the court's decision to extend the period.
No court shall issue a temporary restraining order or writ of injunction against any freeze order
issued by the AMLC except the Court of Appeals or the Supreme Court.
Section 11. Authority to inquire into Bank Deposits. – Notwithstanding the provisions of
Republic Act No. 1405, as amended; Republic Act No. 6426, as amended; Republic Act No.
8791, and other laws, the AMLC may inquire into or examine any particular deposit or
investment with any banking institution or non-bank financial institution upon order of any
competent court in cases of violation of this Act when it has been established that there is
probable cause that the deposits or investments involved are in any way related to a money
laundering offense: Provided, That this provision shall not apply to deposits and investments
made prior to the effectivity of this Act.
Section 12. Forfeiture Provisions. –
(a) Civil Forfeiture. – When there is a covered transaction report made, and the court
has, in a petition filed for the purpose ordered seizure of any monetary instrument
or property, in whole or in part, directly or indirectly, related to said report, the
Revised Rules of Court on civil forfeiture shall apply.
(b) Claim on Forfeited Assets. – Where the court has issued an order of forfeiture of
the monetary instrument or property in a criminal prosecution for any money
laundering offense defined under Section 4 of this Act, the offender or any other
person claiming an interest therein may apply, by verified petition, for a declaration
that the same legitimately belongs to him and for segregation or exclusion of the
monetary instrument or property corresponding thereto. The verified petition shall
be filed with the court which rendered the judgment of conviction and order of
forfeiture, within fifteen (15) days from the date of the order or forfeiture, in default
of which the said order shall become final and executory. This provision shall apply
in both civil and criminal forfeiture.
(c) Payment in Lieu of Forfeiture. – Where the court has issued an order of forfeiture
of the monetary instrument or property subject of a money laundering offense
defined under Section 4, and said order cannot be enforced because any particular
monetary instrument or property cannot, with due diligence, be located, or it has
been substantially altered, destroyed, diminished in value or otherwise rendered
worthless by any act or omission, directly or indirectly, attributable to the offender,
or it has been concealed, removed, converted or otherwise transferred to prevent
the same from being found or to avoid forfeiture thereof, or it is located outside the
Philippines or has been placed or brought outside the jurisdiction of the court, or it
has been commingled with other monetary instruments or property belonging to
either the offender himself or a third person or entity, thereby rendering the same
difficult to identify or be segregated for purposes of forfeiture, the court may,
instead of enforcing the order of forfeiture of the monetary instrument or property
or part thereof or interest therein, accordingly order the convicted offender to pay
an amount equal to the value of said monetary instrument or property. This
provision shall apply in both civil and criminal forfeiture.
Section 13. Mutual Assistance among States. –
(a) Request for Assistance from a Foreign State. – Where a foreign State makes a
request for assistance in the investigation or prosecution of a money laundering
offense, the AMLC may execute the request or refuse to execute the same and
inform the foreign State of any valid reason for not executing the request or for
delaying the execution thereof. The principles of mutuality and reciprocity shall, for
this purpose, be at all times recognized.
(b) Power of the AMLC to Act on a Request for Assistance from a Foreign State. –
The AMLC may execute a request for assistance from a foreign State by: (1) tracking
down, freezing, restraining and seizing assets alleged to be proceeds of any unlawful
activity under the procedures laid down in this Act; (2) giving information needed by
the foreign State within the procedures laid down in this Act; and (3) applying for an
order of forfeiture of any monetary instrument or property in the court: Provided,
That the court shall not issue such an order unless the application is accompanied by
an authenticated copy of the order of a court in the requesting State ordering the
forfeiture of said monetary instrument or properly of a person who has been
convicted of a money laundering offense in the requesting State, and a certification
of an affidavit of a competent officer of the requesting State stating that the
conviction and the order of forfeiture are final and then no further appeal lies in
respect or either.
(c) Obtaining Assistance from Foreign States. – The AMLC may make a request to
any foreign State for assistance in (1) tracking down, freezing, restraining and seizing
assets alleged to be proceeds of any unlawful activity; (2) obtaining information that
it needs relating to any covered transaction, money laundering offense or any other
matter directly or indirectly, related thereto; (3) to the extent allowed by the law of
the Foreign State, applying with the proper court therein for an order to enter any
premises belonging to or in the possession or control of, any or all of the persons
named in said request, and/or search any or all such persons named therein and/or
remove any document, material or object named in said request: Provided, That the
documents accompanying the request in support of the application have been duly
authenticated in accordance with the applicable law or regulation of the foreign
State; and (4) applying for an order of forfeiture of any monetary instrument or
property in the proper court in the foreign State: Provided, That the request is
accompanied by an authenticated copy of the order of the regional trial court
ordering the forfeiture of said monetary instrument or property of a convicted
offender and an affidavit of the clerk of court stating that the conviction and the
order of forfeiture are final and that no further appeal lies in respect of either.
(d) Limitations on Request for Mutual Assistance. – The AMLC may refuse to comply
with any request for assistance where the action sought by the request contravenes
any provision of the Constitution or the execution of a request is likely to prejudice
the national interest of the Philippines unless there is a treaty between the
Philippines and the requesting State relating to the provision of assistance in relation
to money laundering offenses.
(e) Requirements for Requests for Mutual Assistance from Foreign State. – A
request for mutual assistance from a foreign State must (1) confirm that an
investigation or prosecution is being conducted in respect of a money launderer
named therein or that he has been convicted of any money laundering offense; (2)
state the grounds on which any person is being investigated or prosecuted for money
 laundering or the details of his conviction; (3) gives sufficient particulars as to the
identity of said person; (4) give particulars sufficient to identity any covered
institution believed to have any information, document, material or object which
may be of assistance to the investigation or prosecution; (5) ask from the covered
institution concerned any information, document, material or object which may be
of assistance to the investigation or prosecution; (6) specify the manner in which and
to whom said information, document, material or object detained pursuant to said
request, is to be produced; (7) give all the particulars necessary for the issuance by
the court in the requested State of the writs, orders or processes needed by the
requesting State; and (8) contain such other information as may assist in the
execution of the request.
(f) Authentication of Documents. – For purposes of this Section, a document is
authenticated if the same is signed or certified by a judge, magistrate or equivalent
officer in or of, the requesting State, and authenticated by the oath or affirmation of
a witness or sealed with an official or public seal of a minister, secretary of State, or
officer in or of, the government of the requesting State, or of the person
administering the government or a department of the requesting territory,
protectorate or colony. The certificate of authentication may also be made by a
secretary of the embassy or legation, consul general, consul, vice consul, consular
agent or any officer in the foreign service of the Philippines stationed in the foreign
State in which the record is kept, and authenticated by the seal of his office.
(g) Extradition. – The Philippines shall negotiate for the inclusion of money
laundering offenses as herein defined among extraditable offenses in all future
treaties.
Section 14. Penal Provisions. –
(a) Penalties for the Crime of Money Laundering. The penalty of imprisonment
ranging from seven (7) to fourteen (14) years and a fine of not less than Three million
Philippine pesos (Php 3,000,000.00) but not more than twice the value of the
monetary instrument or property involved in the offense, shall be imposed upon a
person convicted under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7) years and a fine of not less
than One million five hundred thousand Philippine pesos (Php 1,500,000.00) but not
more than Three million Philippine pesos (Php 3,000,000.00), shall be imposed upon
a person convicted under Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four (4) years or a fine of not
less than One hundred thousand Philippine pesos (Php 100,000.00) but not more
than Five hundred thousand Philippine pesos (Php 500,000.00), or both, shall be
imposed on a person convicted under Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. The penalty of imprisonment from six (6)
months to one (1) year or a fine of not less than One hundred thousand Philippine
pesos (Php 100,000.00) but not more than Five hundred thousand Philippine pesos
(Php 500,000.00), or both, shall be imposed on a person convicted under Section 9(b)
of this Act.
(c) Malicious Reporting. Any person who, with malice, or in bad faith, report or files
a completely unwarranted or false information relative to money laundering
transaction against any person shall be subject to a penalty of six (6) months to four
(4) years imprisonment and a fine of not less than One hundred thousand Philippine
pesos (Php 100,000.00) but not more than Five hundred thousand Philippine pesos
(Php 500,000.00), at the discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or any juridical person, the
penalty shall be imposed upon the responsible officers, as the case may be, who
participated in the commission of the crime or who shall have knowingly permitted
or failed to prevent its commission. If the offender is a juridical person, the court may
suspend or revoke its license. If the offender is an alien, he shall, in addition to the
penalties herein prescribed, be deported without further proceedings after serving
the penalties herein prescribed. If the offender is a public official or employee, he
shall, in addition to the penalties prescribed herein, suffer perpetual or temporary
absolute disqualification from office, as the case may be;
Any public official or employee who is called upon to testify and refuses to do the
same or purposely fails to testify shall suffer the same penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of imprisonment ranging from three
(3) to eight (8) years and a fine of not less than Five hundred thousand Philippine
pesos (Php 500,000.00) but not more than One million Philippine pesos (Php
1,000,000.00), shall be imposed on a person convicted for a violation under Section
9(c).
Section 15. System of Incentives and Rewards. – A system of special incentives and rewards is
hereby established to be given to the appropriate government agency and its personnel that
led and initiated an investigation, prosecution and conviction of persons involved in the
offense penalized in Section 4 of this Act.
Section 16. Prohibitions Against Political Harassment. – This Act shall not be used for political
prosecution or harassment or as an instrument to hamper competition in trade and commerce.
No case for money laundering may be filed against and no assets shall be frozen, attached or
forfeited to the prejudice of a candidate for an electoral office during an election period.
Section 17. Restitution. – Restitution for any aggrieved party shall be governed by the
provisions of the New Civil Code.
Section 18. Implementing Rules and Regulations. – Within thirty (30) days from the effectivity
of this Act, the Bangko Sentral ng Pilipinas, the Insurance Commission and the Securities and
Exchange Commission shall promulgate the rules and regulations to implement effectivity the
provisions of this Act. Said rules and regulations shall be submitted to the Congressional
Oversight Committee for approval.
Covered institutions shall formulate their respective money laundering prevention programs
in accordance with this Act including, but not limited to, information dissemination on money
laundering activities and its prevention, detection and reporting, and the training of
responsible officers and personnel of covered institutions.
Section 19. Congressional Oversight Committee. – There is hereby created a Congressional
Oversight Committee composed of seven (7) members from the Senate and seven (7)
members from the House of Representatives. The members from the Senate shall be
appointed by the Senate President based on the proportional representation of the parties or
coalitions therein with at least two (2) Senators representing the minority. The members from
the House of Representatives shall be appointed by the Speaker also based on proportional
representation of the parties or coalitions therein with at least two (2) members representing
the minority.
The Oversight Committee shall have the power to promulgate its own rules, to oversee the
implementation of this Act, and to review or revise the implementing rules issued by the Anti-
Money Laundering Council within thirty (30) days from the promulgation of the said rules.
Section 20. Appropriations Clause. – The AMLC shall be provided with an initial appropriation
of Twenty-five million Philippine pesos (Php 25,000,000.00) to be drawn from the national
government. Appropriations for the succeeding years shall be included in the General
Appropriations Act.
Rule 113, RoC
Sec. 14. Right of attorney or relative to visit person arrested. — Any member of the Philippine
Bar shall, at the request of the person arrested or of another acting in his behalf, have the right
to visit and confer privately with such person in the jail or any other place of custody at any
hour of the day or night. Subject to reasonable regulations, a relative of the person arrested
can also exercise the same right. (14a)
SEARCH AND SEIZURE
1987 Constitution
Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
Sec. 3. (1) The privacy of communication and correspondence shall be inviolable except upon
lawful order of the court, or when public safety or order requires otherwise as prescribed by
law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for
any purpose in any proceeding.
Revised Penal Code
Art. 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained. — In addition to the liability attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its maximum period to prision correccional in
its minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public
officer or employee who shall procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use unnecessary severity in executing the
same.
Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its medium
and maximum periods shall be imposed upon a public officer or employee who, in cases where
a search is proper, shall search the domicile, papers or other belongings of any person, in the
absence of the latter, any member of his family, or in their default, without the presence of
two witnesses residing in the same locality.
Tariff and Customs Code
Sec. 2201. Obstruction of Customs Premises. — No person shall obstruct a customhouse,
warehouse, office, wharf, street or other premises under the control of the Bureau of Customs,
or any of the approaches to such house or premises.
Sec. 2202. Special Surveillance for Protection of Customs Revenue and Prevention of
Smuggling. — In order to prevent smuggling and to secure the collection of the legal duties,
taxes and other charges, the customs service shall exercise surveillance over the coast,
beginning when a vessel or aircraft enters Philippine territory and concluding when the article
imported therein has been legally passed through the customhouse.
Sec. 2203. Persons Having Police Authority. — For the enforcement of the customs and tariff
laws, the following persons are authorized to effect searches, seizures and arrests conformably
with the provisions of said laws:
a. Officials of the Bureau of Customs, collectors, assistant collectors, deputy collectors,
surveyors, security and secret-service agents, inspectors, port patrol officers and guards of
the Bureau of Customs.
b. Officers of the Philippine Navy when authorized by the Commissioner.
 c. Any person especially authorized in writing by the Commissioner.
d. Officers generally empowered by law to effect arrests and execute processes of courts,
when acting under direction of the Collector.
e. Any person especially authorized by a Collector, subject to the restrictions stated in the
next succeeding section.
Persons exercising the powers hereinabove conferred shall, in the exercise thereof, have the
same authority, be entitled to the proper protection, and shall be governed by the same law,
not inconsistent with the provisions of this section, as other officers exercising police authority
in general.
Sec. 2204. Place Where Authority May Be Exercised. — Persons acting under authority
conferred pursuant to subsection (e) of the preceding section may exercise their authority
within the limits of the collection district only and in or upon the particular vessel or aircraft,
or in the particular place, or in respect to the particular article specified in the appointment.
All such appointments shall be in writing, and the original shall be filed in the customhouse of
the district where made.
All other persons exercising the powers hereinabove conferred may exercise the same at any
place within the jurisdiction of the Bureau of Customs.
Sec. 2205. Exercise of Power of Seizure and Arrest. — It shall be within the power of a customs
official or person authorized as aforesaid, and it shall be his duty, to make seizure of any vessel,
aircraft, cargo, articles, animal or other movable property when the same is subject to
forfeiture or liable for any fine imposed under customs and tariff laws, and also to arrest any
person subject to arrest for violation of any customs and tariff laws, such power to be exercised
in conformity with the law and the provisions of this Code.
Sec. 2206. Duty of Officer or Official to Disclose Official Character. — It shall be the duty of any
person exercising authority as aforesaid, upon being questioned at the time of the exercise
thereof, to make known his official character as an officer or official of the Government, and if
his authority is derived from special authorization in writing to exhibit the same for inspection,
if demanded.
Sec. 2207. Authority to Require Assistance. — Any person exercising police authority under the
customs and tariff laws may demand assistance of any police officer when such assistance shall
be necessary to effect any search, seizure or arrest which may be lawfully made or attempted
by him. It shall be the duty of any police officer upon whom such requisition is made to give
such lawful assistance in the matter as may be required.
Sec. 2208. Right of Police Officer to Enter Inclosure. — For the more effective discharge of his
official duties, any person exercising the powers herein conferred, may at anytime enter, pass
through, or search any land or inclosure or any warehouse, store or other building, not being
a dwelling house.
A warehouse, store or other building or inclosure used for the keeping of storage of articles
does not become a dwelling house within the meaning hereof merely by reason of the fact
that a person employed as watchman lives in the place, nor will the fact that his family stays
there with him alter the case.
Sec. 2209. Search of Dwelling House. — A dwelling house may be entered and searched only
upon warrant issued by a judge or justice of the peace, upon sworn application showing
probable case and particularly describing the place to be searched and person or thing to be
seized.
Sec. 2210. Right to Search Vessels or Aircrafts and Persons or Articles Conveyed Therein. — It
shall be lawful for any official or person exercising police authority under the provisions of this
Code to go abroad any vessel or aircraft within the limits of any collection to go aboard any
vessel or aircraft within the limits of any collection district, and to inspect, search and examine
said vessel or aircraft and any trunk, package, box or envelope on board, and to search any
person on board the said vessel or aircraft and to this end to hail and stop such vessel or aircraft
if under way, to use all necessary force to compel compliance; and if it shall appear that any
breach or violation of the customs and tariff laws of the Philippines has been committed,
whereby or in consequence of which such vessels or aircrafts, or the article, or any part thereof,
on board of or imported by such vessel or aircraft, is liable to forfeiture, to make seizure of the
same or any part thereof.
The power of search hereinabove given shall extend to the removal of any false bottom,
partition, bulkhead or other obstruction, so far as may be necessary to enable the officer to
discover whether any dutiable or forfeitable articles may be concealed therein.
No proceeding herein shall give rise to any claim for the damage thereby caused to article or
vessel or aircraft.
Sec. 2211. Right to Search Vehicles, Beasts and Persons. — It shall also be lawful for a person
exercising authority as aforesaid to open and examine any box, trunk, envelope or other
container, wherever found where he has reasonable cause to suspect the presence therein of
dutiable or prohibited article or articles introduced into the Philippines contrary to law, and
likewise to stop, search and examine any vehicle, beast or person reasonably suspected of
holding or conveying such article as aforesaid.
Sec. 2212. Search of Persons Arriving From Foreign Countries. — All persons coming into the
Philippines from foreign countries shall be liable to detention and search by the customs
authorities under such regulations as may be prescribed relative thereto.
Female inspectors may be employed for the examination and search of persons of their own
sex.
Sec. 2301. Warrant for Detention of Property — Bond. — Upon making any seizure, the
Collector shall issue a warrant for the detention of the property; and if the owner or importer
desires to secure the release of the property for legitimate use, the Collector may surrender it
upon the filing of a sufficient bond, in an amount to be fixed by him, conditioned for the
payment of the appraised value of the article and/or any fine, expenses and costs which may
be adjudged in the case: Provided, That articles the importation of which is prohibited by law
shall not be released under bond.
Sec. 2302. Report of Seizure To Commissioner and Auditor. — When a seizure is made for any
cause, the Collector of the district wherein the seizure is effected shall immediately make
report thereof to the Commissioner and to the Auditor General.
Sec. 2303. Notification to Owner or Importer. — The Collector shall give the owner or importer
of the property or his agent a written notice of the seizure and shall give him an opportunity
to be heard in reference to the delinquency which was the occasion of such seizure.
For the purpose of giving such notice and of all other proceedings in the matter of such seizure,
the importer, consignee or person holding the bill of lading shall be deemed to be the "owner"
of the article included in the bill.
For the same purpose, "agent" shall be deemed to include not only any agent in fact of the
owner of the seized property but also any person having responsible possession of the
property at the (missing) of the seizure, if the owner or his agent in fact is unknown or cannot
be reached.
Sec. 2304. Notification to Unknown Owner. — Notice to an unknown owner shall be effected
by posting a notice for fifteen days in the public corridor of the customhouse of the district in
which the seizure was made, and, in the discretion of the Commissioner, by publication in a
newspaper or by such other means as he shall consider desirable.
RA 6235 (1971)
Sec. 9. Every ticket issued to a passenger by the airline or air carrier concerned shall contain
among others the following condition printed thereon: "Holder hereof and his hand-carried
luggage(s) are subject to search for, and seizure of, prohibited materials or substances. Holder
refusing to be searched shall not be allowed to board the aircraft," which shall constitute a
part of the contract between the passenger and the air carrier.
Rule 126, RoC
Sec. 1. Search warrant defined. — A search warrant is an order in writing issued in the name
of the People of the Philippines, signed by a judge and directed to a peace officer, commanding
him to search for personal property described therein and bring it before the court. (1)
Sec. 2. Court where application for search warrant shall be filed. — An application for search
warrant shall be filed with the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the crime
is known, or any court within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending. (n)
Sec. 3. Personal property to be seized. — A search warrant may be issued for the search and
seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (2a)
Sec. 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the things to be seized
which may be anywhere in the Philippines. (3a)
Sec. 5. Examination of complainant; record. — The judge must, before issuing the warrant,
personally examine in the form of searching questions and answers, in writing and under oath,
the complainant and the witnesses he may produce on facts personally known to them and
attach to the record their sworn statements, together with the affidavits submitted. (4a)
Sec. 6. Issuance and form of search warrant. — If the judge is satisfied of the existence of facts
upon which the application is based or that there is probable cause to believe that they exist,
he shall issue the warrant, which must be substantially in the form prescribed by these Rules.
(5a)
Sec. 7. Right to break door or window to effect search. — The officer, if refused admittance to
the place of directed search after giving notice of his purpose and authority, may break open
any outer or inner door or window of a house or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him when unlawfully
detained therein. (6)
Sec. 8. Search of house, room, or premise to be made in presence of two witnesses. — No
search of a house, room, or any other premise shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (7a)
Sec. 9. Time of making search. — The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time of the day or
night. (8)
Sec. 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its
date. Thereafter it shall be void. (9a)
Sec. 11. Receipt for the property seized. — The officer seizing property under the warrant must
give a detailed receipt for the same to the lawful occupant of the premises in whose presence
the search and seizure were made, or in the absence of such occupant, must, in the presence
of at least two witnesses of sufficient age and discretion residing in the same locality, leave a
receipt in the place in which he found the seized property. (10a)
Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon.
— (a) The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall
ascertain if the return has been made, and if none, shall summon the person to
whom the warrant was issued and require him to explain why no return was made.
If the return has been made, the judge shall ascertain whether section 11 of this Rule
has been complained with and shall require that the property seized be delivered to
him. The judge shall see to it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the
log book on search warrants who shall enter therein the date of the return, the
result, and other actions of the judge.
A violation of this section shall constitute contempt of court.(11a)
Sec. 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the
commission of an offense without a search warrant. (12a)
Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion
to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and
acted upon only by the court where the action has been instituted. If no criminal action has
been instituted, the motion may be filed in and resolved by the court that issued the search
warrant. However, if such court failed to resolve the motion and a criminal case is subsequent
filed in another court, the motion shall be resolved by the latter court. (n)
ARREST
Rules of Court
RULE 113
Arrest
Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense. (1)
Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be
arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subject to a greater restraint than is necessary for his detention. (2a)
Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant
to arrest the accused and to deliver him to the nearest police station or jail without
unnecessary delay. (3a)
Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor. (4a)
Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)
Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the
day or night. (6)
Section 7. Method of arrest by officer by virtue of warrant. — When making an arrest by virtue
of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and
of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists
before the officer has opportunity to so inform him, or when the giving of such information
will imperil the arrest. The officer need not have the warrant in his possession at the time of
the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown
to him as soon as practicable. (7a)
Section 8. Method of arrest by officer without warrant. — When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority and the cause of the
arrest, unless the latter is either engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees or forcibly resists before the officer has
opportunity so to inform him, or when the giving of such information will imperil the arrest.
(8a)
Section 9. Method of arrest by private person. — When making an arrest, a private person shall
inform the person to be arrested of the intention to arrest him and cause of the arrest, unless
the latter is either engaged in the commission of an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly resists before the person making the arrest has
opportunity to so inform him, or when the giving of such information will imperil the arrest.
(9a)
Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the arrest. Every
person so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself. (10a)
Section 11. Right of officer to break into building or enclosure. — An officer, in order to make
an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break
into any building or enclosure where the person to be arrested is or is reasonably believed to
be, if he is refused admittance thereto, after announcing his authority and purpose. (11a)
Section 12. Right to break out from building or enclosure. — Whenever an officer has entered
the building or enclosure in accordance with the preceding section, he may break out
therefrom when necessary to liberate himself. (12a)
Section 13. Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued,
any person may immediately pursue or retake him without a warrant at any time and in any
place within the Philippines. (13)
Section 14. Right of attorney or relative to visit person arrested. — Any member of the
Philippine Bar shall, at the request of the person arrested or of another acting in his behalf,
have the right to visit and confer privately with such person in the jail or any other place of
custody at any hour of the day or night. Subject to reasonable regulations, a relative of the
person arrested can also exercise the same right. (14a)
RULE 112
Preliminary Investigation
Section 5. Resolution of investigating judge and its review. — Within ten (10) days after the
preliminary investigation, the investigating judge shall transmit the resolution of the case to
the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate
action. The resolution shall state the findings of facts and the law supporting his action,
together with the record of the case which shall include: (a) the warrant, if the arrest is by
virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the
parties; (c) the undertaking or bail of the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the
Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating
judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts
and the law on which it is based and the parties shall be furnished with copies thereof. They
shall order the release of an accused who is detained if no probable cause is found against him.
(5a)
Section 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten
(10) days from the filing of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the
case if the evidence on record clearly fails to establish probable cause. If he finds probable
cause, he shall issue a warrant of arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the judge who conducted the preliminary
investigation or when the complaint or information was filed pursuant to section 7 of this Rule.
In case of doubt on the existence of probable cause, the judge may order the prosecutor to
present additional evidence within five (5) days from notice and the issue must be resolved by
the court within thirty (30) days from the filing of the complaint of information.
(b) By the Municipal Trial Court. — When required pursuant to the second paragraph of section
1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court may be conducted by either the judge or the prosecutor. When conducted
by the prosecutor, the procedure for the issuance of a warrant or arrest by the judge shall be
governed by paragraph (a) of this section. When the investigation is conducted by the judge
himself, he shall follow the procedure provided in section 3 of this Rule. If the findings and
recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or
his deputy, and the corresponding information is filed, he shall issue a warrant of arrest.
However, without waiting for the conclusion of the investigation, the judge may issue a
warrant of arrest if he finds after an examination in writing and under oath of the complainant
and his witnesses in the form of searching question and answers, that a probable cause exists
and that there is a necessity of placing the respondent under immediate custody in order not
to frustrate the ends of justice.
(c) When warrant of arrest not necessary. — A warrant of arrest shall not issue if the accused
is already under detention pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint or information was filed
pursuant to section 7 of this Rule or is for an offense penalized by fine only. The court shall
then proceed in the exercise of its original jurisdiction. (6a)
Section 7. When accused lawfully arrested without warrant. — When a person is lawfully
arrested without a warrant involving an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without need of such investigation
provided an inquest has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a
peace office directly with the proper court on the basis of the affidavit of the offended party
or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding
the waiver, he may apply for bail and the investigation must be terminated within fifteen (15)
days from its inception.
After the filing of the complaint or information in court without a preliminary investigation,
the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense as provided in this Rule.
(7a; sec. 2, R.A. No. 7438)
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure. —
(b) If filed with the Municipal Trial Court. — If the complaint or information is filed
directly with the Municipal Trial Court or Municipal Circuit Trial Court for an offense
covered by this section, the procedure in section 3(a) of this Rule shall be observed.
If within ten (10) days after the filing of the complaint or information, the judge finds
no probable cause after personally evaluating the evidence, or after personally
examining in writing and under oath the complainant and his witnesses in the form
of searching question and answers, he shall dismiss the same. He may, however,
require the submission of additional evidence, within ten (10) days from notice, to
determine further the existence of probable cause. If the judge still finds no probable
cause despite the additional evidence, he shall, within ten (10) days from its
submission or expiration of said period, dismiss the case. When he finds probable
cause, he shall issue a warrant of arrest, or a commitment order if the accused had
already been arrested, and hold him for trial. However, if the judge is satisfied that
there is no necessity for placing the accused under custody, he may issue summons
instead of a warrant of arrest. (9a)
1987 Constitution
Sec. 1. No person shall be deprived of life, liberty, or property without due process of law, nor
shall any person be denied the equal protection of the laws.
Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause
to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.
RA 7438 (1992)
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled::
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every
human being and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of
Public Officers.–
(a) Any person arrested detained or under custodial investigation shall at all times
be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who
arrests, detains or investigates any person for the commission of an offense shall
inform the latter, in a language known to and understood by him, 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.
(c) The custodial investigation report shall be reduced to writing by the investigating
officer, provided that before such report is signed, or thumbmarked 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, otherwise, such investigation report shall be null and void and of
no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under
custodial investigation shall be in writing and signed by such person 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.
 (e) 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 in writing and
signed by such person in the presence of his counsel; otherwise the waiver shall be
null and void and of no effect.
(f) 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. The person's "immediate family" shall include his or her spouse, fiancé or
fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt,
nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation"
to a person who is investigated in connection with an offense he is suspected to have
committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with
the prosecution of crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is
chargeable with light felonies;
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is
chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality or city shall pay the fee:
Provided, That the Municipal or City Treasurer must certify that no funds are
available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected
person can only be detained by the investigating officer in accordance with the provisions of
Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating
officer, who fails to inform any person arrested, detained or under custodial investigation of
his right to remain silent and to have competent and independent counsel preferably of his
own choice, shall suffer a fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment
of not less than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the investigating officer who
has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone
acting upon orders of such investigating officer or in his place, who fails to provide a
competent and independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the latter cannot afford
the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or
any medical doctor or priest or religious minister chosen by him or by any member
of his immediate family or by his counsel, from visiting and conferring privately with
him, or from examining and treating him, or from ministering to his spiritual needs,
at any hour of the day or, in urgent cases, of the night shall suffer the penalty of
imprisonment of not less than four (4) years nor more than six (6) years, and a fine
of four thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures as may
be necessary to secure his safety and prevent his escape.
RA 9344 (2006)
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that
the child taken into custody is fifteen (15) years old or below, the authority which will have an
initial contact with the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child's nearest relative. Said
authority shall give notice to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child and to the person having
custody over the child. If the parents, guardians or nearest relatives cannot be located, or if
they refuse to take custody, the child may be released to any of the following: a duly registered
nongovernmental or religious organization; a barangay official or a member of the Barangay
Council for the Protection of Children (BCPC); a local social welfare and development officer;
or when and where appropriate, the DSWD. If the child referred to herein has been found by
the Local Social Welfare and Development Office to be abandoned, neglected or abused by his
parents, or in the event that the parents will not comply with the prevention program, the
proper petition for involuntary commitment shall be filed by the DSWD or the Local Social
Welfare and Development Office pursuant to Presidential Decree No. 603, otherwise ,known
as "The Child and Youth Welfare Code".
SEC. 21. Procedure for Taking the Child into Custody. - From the moment a child is taken into
custody, the law enforcement officer shall:
(a) Explain to the child in simple language and in a dialect that he/she can understand
why he/she is being placed under custody and the offense that he/she allegedly
committed;
(b) Inform the child of the reason for such custody and advise the child of his/her
constitutional rights in a language or dialect understood by him/her;
(e) Properly identify himself/herself and present proper identification to the child;
(d) Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances on the child in conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or other instruments of
force or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to greater restraint than
is necessary for his/her apprehension;
(g) Avoid violence or unnecessary force;
(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after apprehension, turn over
custody of the child to the Social Welfare and Development Office or other
accredited NGOs, and notify the child's apprehension. The social welfare and
development officer shall explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and rehabilitation,
diversion from the criminal justice system, and reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept confidential
unless otherwise ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the same;
(k) Ensure that should detention of the child in conflict with the law be necessary,
the child shall be secured in quarters separate from that of the opposite sex and
adult offenders;
(l) Record the following in the initial investigation:
1. Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such;
2. That the parents or guardian of a child, the DSWD, and the PA0 have
been informed of the apprehension and the details thereof; and
3. The exhaustion of measures to determine the age of a child and the
precise details of the physical and medical examination or the failure to
submit a child to such examination; and
(m) Ensure that all statements signed by the child during investigation shall be
witnessed by the child's parents or guardian, social worker, or legal counsel in
attendance who shall affix his/her signature to the said statement.
A child in conflict with the law shall only be searched by a law enforcement officer of the same
gender and shall not be locked up in a detention cell.
BP 129 (1980)
Section 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except those in
the National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall
have authority to conduct preliminary investigation of crimes alleged to have been committed
within their respective territorial jurisdictions which are cognizable by the Regional Trial
Courts.
The preliminary investigation shall be conducted in accordance with the procedure prescribed
in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided,
however, That if after the preliminary investigation the Judge finds a prima facie case, he shall
forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding
information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal complaint
filed with him for preliminary investigation, unless after an examination in writing and under
oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the
Philippines.
Revised Penal Code
Art. 269. Unlawful arrest. — The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or detain another for the purpose of
delivering him to the proper authorities.
Rev. Rules on Summary Procedure
Sec. 16. Arrest of accused. — The court shall not order the arrest of the accused except for
failure to appear whenever required. Release of the person arrested shall either be on bail or
on recognizance by a responsible citizen acceptable to the court.
A.M. No. 02-1-06-SC (Jan. 22, 2002)
RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS
The Rule shall take effect on February 15, 2002 following its, publication in two (2) newspapers
of general circulation on or before January 30, 2002.
RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS
Section 1. Coverage. - This Rule shall govern the provisional seizure and impounding of
documents and articles in pending and intended civil actions for the purpose of preventing
infringement and preserving relevant evidence in regard to alleged infringement
under Republic Act No. 8293, otherwise known as the Intellectual property Code of the
Philippines, Article 50 of the Agreement on Trade Related Aspects of intellectual Property
Rights, otherwise known as TRIPS and other related laws and international conventions.
Section 2. The writ of search and seizure. - Where any delay is likely to cause irreparable harm
to the intellectual property right holder or where there is demonstrable risk of evidence being
destroyed, the intellectual property right holder or his duly authorized representative in a
pending civil action for infringement or who intends to commence such an action may apply ex
parte for the issuance of a writ of search and seizure directing the alleged infringing defendant
or expected adverse party to admit into his premises the persons named in the order and to
allow the search, inspection, copying, photographing, audio and audiovisual recording or
seizure of any document and article specified in the order.
Section 3. Where application filed. - The application shall be filed with any of the Regional Trial
Courts of the judicial region designated to try violations of intellectual property rights stationed
at the place where the alleged violation occurred or is to occur, or me place to be searched, at
the election of the applicant. Provided, however, that where the complaint for infringement
has a1ready been filed, the application shall be made in the court where the case is rending.
Section 4. Verified application and affidavits. - The applicant shall file a verified application
alleging the ground upon which it is based and the specific description and location of the
documents and articles to be searched, inspected, copied or seized and their value. It shall also
state the names of the applicant, his representative, witnesses and counsel who will attend
the search in the event that the application is granted. The application shall be supported by
affidavits of witnesses who personally know the facts and by authenticated or certified
documents.
The application shall contain a certification against forum shopping as prescribed by Section 5,
Rule 7 of the 1997 Rules of Civil Procedure.
The applicant shall undertake in his application that he will not use any of the documents,
articles or information obtained by reason of the search and seizure for any purpose other
than in the action in which the writ is issued.
Section 5. Examination of applicant; record; confidentiality of proceedings. - The application
shall be acted upon within twenty-four (24) hours from its filing; The judge must, before issuing
the writ, examine in the form of searching questions and answers, in writing and under oath
or affirmation, the applicant and the witnesses he may produce on facts personally known to
them. The examination of the applicant and his witnesses shall be recorded. Their sworn
statements and their affidavits shall form part of the record of the case.
The hearing on the application for the writ shall be held in the chambers of the judge. Court
personnel shall maintain the confidentiality of the application proceeding.lawphi1.net
The court may require the applicant to give other information necessary for the identification
of the articles and documents to be searched, inspected, copied or seized and the premises to
be searched. Where feasible, it may direct the applicant to submit copies and photographs of
the documents or articles to be seized and impounded.
Section 6. Grounds for the issuance of the order. - Before the Order can be issued, the evidence
proffered by the applicant and personally evaluated by the judge must show that:
(a) the applicant is the right holder or his duly authorized representative;
(b) there is probable cause to believe that the applicant's right is being infringed or
that such infringement is imminent and there is a prima facie case for final relief
against the alleged infringing defendant or expected adverse party;
(c) damage, potential or actual, likely to be caused to the applicant is irreparable;
(d) there is demonstrable risk of evidence that the alleged infringing defendant or
expected adverse party may destroy, hide or remove the documents or articles
before any application inter partes can be made; and
(e) the documents and articles to be seized constitute evidence of the alleged
infringing defendant's or expected adverse party's infringing activity or that they
infringe upon the intellectual property right of the applicant or that they are used or
intended to be used as means of infringing the applicant's intellectual property right.
Section 7. When writ may issue. - If the judge is satisfied with the proof of facts upon which
the application is based, he shall issue the writ requiring the search, inspection or copying of
the subject documents or articles or commanding the sheriff to take them into his custody
subject to the control of the court. The enforcement of the writ shall be supervised by an
independent Commissioner to be appointed by the court.
Section 8. Contents of the writ. - The writ shall contain the following:
(a) an order to the alleged infringing defendant, expected adverse party or to the
person who appears to be in charge or in control of the premises or residing or
working therein to permit the persons named in the writ to enter into the premises
for the purpose of searching, inspecting, copying, or removing from the premises and
transferring to the custody of the sheriff and subject to the control of the court the
subject documents and articles;
(b) an order to the alleged infringing defendant, expected adverse party or to the
person in charge or in control of the premises to disclose to the sheriff serving the
writ the location of the documents and articles subject of the writ;
(c) the period when the writ shall be enforced which in no case shall be more than
ten (10) days from the date of issuance by the court;
(d) the names of the applicant or his agent or representative and the Commissioner
who shall supervise the enforcement of the writ; and
(e) other terms and conditions that will insure the proper execution of the writ with
due regard to the rights of the alleged infringing defendant or expected adverse
party.
It shall also contain a warning that violation of any of the terms and conditions of the writ shall
constitute contempt of court.
Section 9. Bond and its conditions. - The applicant shall be required to post a cash bond, surety
bond or other equivalent security executed in favor of the defendant or expected adverse
party in a reasonable amount to be fixed by me court in its order granting me issuance of a
writ of search and seizure. The bond shall be conditioned on the undertaking of the applicant
that he will pay all the costs which may be adjudged to defendant or expected adverse party
and all damages which me latter may sustain by reason of me issuance of the writ.
Section 10. When writ shall be served. - The writ shall be served only on weekdays and from 8
o'clock in the morning to 5 o'clock in the afternoon. However, the court may direct that the
writ be served on any day and any time for compelling reasons stated in the application and
duly proved.
Section 11. To whom writ shall be served. - The writ shall be served on the alleged infringing
defendant or expected adverse party in the place to be searched.
If the alleged infringing defendant or expected adverse party cannot be found in the premises,
the writ shall be served on his agent or representative. In the absence of an agent or
representative, it shall be served on the person in charge or in control of the premises, or
residing or working therein who is of sufficient age and discretion. If such person is absent, the
sheriff or proper officer shall post the papers on the premises and proceed with the
enforcement of the writ.
Section 12. Commissioner, duties, qualifications and fees. - The enforcement of the writ shall
be supervised by the independent Commissioner appointed by the court. In the performance
of his duty, the Commissioner shall:
(a) give impartial advise to the alleged infringing defendant, expected adverse party
or to the person in charge of the premises to be searched as to the meaning and
coverage of the writ;
(b) attempt to achieve agreement on a suitable search procedure;
(c) assess what documents or articles come within the terms of the writ;
(d) ensure the accuracy of the list of documents and articles searched, inspected,
copied or seized by the sheriff;
(e) prepare his own report on the search and seizure and verify and sign the return
prepared by the sheriff; and
(f) generally, assist in the proper execution of the writ.
The Commissioner shall be a member of the Philippine Bar and of proven competence,
integrity and probity. He shall receive such reasonable compensation as may be determined
by the court which can be charged as cost of suit.
Section 13. Search to be conducted in the presence of defendant, his representative, person in
charge of the premises or witnesses. - The premises may not be searched except in the
presence of the alleged infringing defendant, expected adverse party or his representative or
the person in charge or in control of the premises or residing or working m therein who shall
be given the opportunity to read the writ before its enforcement and seek its interpretation
from the Commissioner. In the absence of the latter, two persons of sufficient age and
discretion residing in the same locality shall be allowed to witness the search or in the absence
of the latter, two persons of sufficient age and discretion residing in the nearest locality.
Section 14. Manner of search and seizure; duties of the sheriff. - Upon service of the writ in
accordance with section 11 hereof, sheriff, under the supervision of the Commissioner, shall
search for the documents and articles specified in the writ, and take them in his custody subject
to the control of the court.
If the subject articles are not capable of manual delivery, the sheriff shall attach to them a tag
or label stating the fact of seizure and warning all persons from tampering with them.
The sheriff shall, in the presence of the applicant or his representative, and under the
supervision of the Commissioner, prepare a detailed list of the seized documents and articles.
He shall give an accurate copy of the same to the alleged infringing defendant, expected
adverse party, his agent or representative, to the person in charge or in control of the premises
or residing or working therein in whose presence the search and seizure were made. In the
absence of the person in charge or in control of the premises or residing or working therein,
the sheriff must, in the presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a copy of the receipt in the place in which he found the
seized property. Where no witnesses are available in the same locality, the copy of the receipt
shall be left by the sheriff in the presence of two witnesses residing in the nearest locality. The
applicant or his representative and the Commissioner shall also be given a copy of the receipt.
After the sheriff has taken possession of the documents and articles, he shall deliver them to
a bonded warehouse or government warehouse for safekeeping. The applicant or his
representative shall be allowed access to said materials for the purpose of examining them.
The applicant shall be responsible for the necessary expenses incurred ill the seizure and
safekeeping of the documents and articles in a bonded warehouse or government warehouse.
Section 15. Use of reasonable force to effect writ. - The sheriff, if refused admittance to the
premises after giving notice of his purpose and authority or in absence of the alleged infringing
defendant or expected adverse party, his agent or representative, or person in charge or in
control of the premises or residing or working therein who is of sufficient age and discretion,
may use reasonable force to gain entry to the premises or any part of the building or anything
therein, to enforce the writ or to liberate himself or any person lawfully aiding him when
unlawfully detained therein.
Section 16. Seizure of computer disks other storage devices. - The seizure of a computer disk
or any storage device may be executed in any of the following manner:
(a) by the physical taking thereof;
(b) by Copying its contents in a suitable device or disk provided by the applicant; or
(c) by printing out the Contents of the disk or device with a the use of a printer.
When the computer disks or storage devices cannot be readily removed from the computer to
which they are fitted, the sheriff may take the subject computer from the custody of the
alleged infringing defendant, expected adverse party or person in charge or in control of the
premises or residing or working therein.
Section 17. Sheriff's return. - The sheriff who executed the writ shall, within three (3) days from
its enforcement, make a verified return to the court which issued the writ. The return shall
contain a full statement of the proceedings under the writ and a complete inventory of the
documents and articles searched, inspected or copied or seized and impounded, with copies
served on the applicant, the defendant or expected adverse party and the Commissioner.
If not all of the documents and articles enumerated in the order and writ were seized, the
sheriff shall so report to the court and state is the reasons therefor. All objections of the
defendant, expected adverse party or person in charge of the premises on the manner and
regularity of the service of the writ shall be included by the sheriff in his return.
Section 18. Discharge of writ by the defendant or expected adverse party. - Without waiting
for return to be filed by the sheriff, the defendant, expected adverse party or the party whose
property has been searched, inspected, copied or seized may file a motion with the court which
issued the writ for its discharge with prayer for the return of the documents and articles seized.
The writ may be discharged on any of the following grounds:
(a) that the writ was improperly or irregularly issued, or excessively enforced;
(b) that the bond is insufficient;
(c) that tile safeguards provided in the writ have been violated by the applicant or
the sheriff; or
(d) that the documents and articles seized are not infringing copies or means for
making the materials alleged to infringe the intellectual property right of the
applicant.
The writ may be discharged in a summary hearing by the court after notice to the applicant,
the sheriff and the Commissioner.
If the court finds that the bond is insufficient, it shall order a. new bond to be filed by the
applicant within a reasonable time. The discharge of the writ based on the insufficiency of the
bond may only be made if the applicant fails to post the new bond within the period fixed by
the court.
Section 19. Proceedings on return. - Five (5) days after issuance of the writ, the issuing judge
shall ascertain if the writ has not been served or the return has been made by the sheriff. If
the writ was not served or no return was made, it shall summon the sheriff and the applicant
to whom the writ was issued and require them to explain why the writ was not served or why
no return has been filed as the case may be. If the return has been made, the judge shall, after
notice to the applicant, the alleged infringing defendant or expected adverse party, the sheriff
and the Commissioner, ascertain whether the provisions of this Rule and applicable laws have
been complied with.
Section 20. Failure to file complaint. - The writ shall also. Upon motion of the expected adverse
party, be set aside and the seized documents and articles returned to the expected adverse
party if no case is filed with the appropriate court or authority within thirty-one (31) calendar
days from the date of issuance of the writ.
Section 21. Claim for damages. - Where the writ is discharged on any of die grounds provided
in this Rule, or where it is found after trial that there has been no infringement or threat of
infringement of an intellectual property right, the court. Upon motion of the alleged infringing
defendant or expected adverse party and after due hearing, shall order the applicant to
compensate the defendant or expected adverse party upon the cash bond, surety bond or
other equivalent security for any injury or damage the latter suffered by the issuance and
enforcement of the writ. Should the damages exceed the amount of the bond, the applicant
shall be liable for the payment of the excess.
When a complaint is already filed in court, the motion shall be filed with the same court during
the trial or before appeal is perfected or before judgment becomes executory, with due notice
to the applicant, setting forth the facts showing the defendant's right to damage's and the
amount thereof. The award of damages shall be included in the judgment in the main case.
Where no complaint is filed against the expected adverse party, the motion shall be filed with
the court which issued the writ. In such a case, the court shall set the motion for summary
hearing and immediately determine the expected adverse party's right to damages.
A judgment in favor of the applicant in its principal claim, should not necessarily bar the alleged
infringing defendant from recovering damages where he suffered losses by reason of the
wrongful issuance or enforcement of the writ.
The damages provided for in this section shall be independent from the damages claimed by
the defendant in his counterclaim.
Section 22. Judgment. - If it appears after trial that the seized documents and articles are found
to infringe the intellectual property right of the applicant or that they constitute the means for
the production of infringing goods, the court shall order their destruction or donation to
charitable, educational or religious institutions with the prohibition against bringing the same
into the channels of commerce. In the latter case, infringing trademarks or trade names found
on labels, tags and other portions of the infringing materials shall be removed or defaced
before the donation. In no case shall the infringing materials be returned to the defendant.
If the court finds no infringement, the seized materials shall be immediately returned to the
defendant.
Section 23. Direct filing, provisional docketing and deposit of prescribed filing fee. - The
Regional Trial Courts specially designated to try violations of intellectual property rights shall
keep a distinct and separate logbook for writs of search and seizure. The application for a writ
of search and seizure filed directly with the said courts shall be given a provisional docket
number. The prescribed filing fee shall be deposited with the branch clerk of court and properly
receipted for and transmitted to the Clerk of Court within twenty-four (24) hours from issuance
of the order granting or denying the application for said writ. If a formal complaint is filed
thereafter, the Clerk of Court may make a. reassessment of the filing fee.
Section 24. Separate logbook. - In every court, there shall be a logbook under the custody of
the Clerk of Court wherein shall be docketed and entered within twenty-four (24) hours after
the issuance or denial of the writ of search and seizure, the filing of such application and other
particulars thereof. All the subsequent proceedings concerning the writ of search and seizure
shall be faithfully recorded in the separate logbook.
Section 25. Effect of violation. - A violation of any of the terms and conditions of the order and
the writ of search and seizure or any provision of this Rule shall constitute contempt of court.
Section 26. Writ not a bar to other measures. - The availment of the writ of search and seizure
under this Rule shall not prevent the applicant from resorting to other provisional measures or
remedies provided in existing laws and procedural rules.
Section 27. Effectivity. - This Rule shall take effect on February 15, 2002 after its publication in
two (2) newspapers of general circulation not later than January 30, 2002.
SC Admin. Circular No. 13 (Oct. 12, 1985)
SUBJECT: GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH WARRANTS.
Under Administrative Order No. 6 of this Court, dated June 30, 1975, the Executive Judge
derives his powers and prerogatives through delegation thereof by this Court — some of which
are to improve judicial services, in coordination with court related government agencies, and
to further provide leadership in the management of all courts within his area of administrative
supervision.
As a measure to better serve the public good and to facilitate the administration of justice, the
Court is prescribing hereunder the guidelines in the issuance of search warrants:
1. All applications for search warrants, if filed with the Executive Judge, shall
be assigned, by raffle, to a judge within his administrative area, under
whose direction the search warrant shall be issued for the search and
seizure of personal property;
2. After the application has been raffled and distributed to a Branch, the
judge who is assigned to conduct the examination of the complainant and
witnesses should immediately act on the same, considering that time
element and possible leakage of information are primary considerations in
the issuance of search warrants and seizure;
3. Raffling shall be strictly enforced, except only in cases where an application
for search warrant may be filed directly with any judge in whose
jurisdiction the place to be searched is located, after office hours, or during
Saturdays, Sundays, and legal holidays, in which case the applicant is
required to certify under oath the urgency of the issuance thereof after
office hours, or during Saturdays, Sundays and legal holidays;
4. If, in the implementation of the search warrant, properties are seized
thereunder and the corresponding case is filed in court, said case shall be
 distributed by raffle conformably with Circular No. 7, dated September 23,
1974, of this Court, and thereupon tried and decided by the judge to whom
it has been assigned, and not necessarily by the judge who is issued the
search warrant.
5. New applications. — In order to insure maximum legitimate effect and give
meaning and substance to the constitutional guarantee on the security of
every person, his house and his effects, against unreasonable searches and
seizures, the following procedure should be strictly observed:
a. A warrant may be issued for the search and seizure of personal property
— 1) subject of the offense; 2) stolen or embezzled or are the proceeds or
fruits of an offense; and, 3) used or intended to be used as the means of
committing an offense;
b. A warrant shall not issue but upon probable cause in laid connection with
one specific offense to be determined by the judge or such other
responsible officer authorized by law after examination under oath or
affirmation of the complainant and the witnesses he may produce on facts
personally known to them, and particularly describing the place to be
searched and the things to be seized so that they could be properly
identified;
c. The judge must, before issuing the warrant, personally examine in the form
of searching questions and answers, in writing and under oath, the
complainant and any witnesses he may produce and attach to the record
their sworn statements together with any affidavits submitted;
d. If the judge is thereupon satisfied of the existence of facts upon which the
application is based, or that there is probable cause to believe that they
exist, he must issue the warrant, which must be substantially in the form
prescribed by the Rules;
e. Search warrants must be in duplicate, both signed by the judge. The
duplicate copy thereof must be given to the person against whom the
warrant is issued and served. Both copies of the warrant must indicate the
date until when the warrant shall be valid and must direct that it be served
in the daytime. If the judge is satisfied that the property is in the person or
in the place ordered to be searched, a direction may be inserted in the
warrants that it be served at any time of the day or night;
f. In every court, there shall be a log under the custody of the Clerk of Court
wherein shall be entered within 24 hours after the issuance of the search
warrant, the following:
1. Date and number of the warrant;
2. Name of the issuing judge;
3. Name of the person against whom the warrant is issued;
4. Offense cited in the warrant; and
5. Name of the officer who applied for the warrant and his
witnesses.
Each branch or branches of a court shall have a separate and distinct log book from
the log book kept by the other branches of the same court stationed in another city
or municipality;
a. The search warrant shall be valid for ten (10) days from date of issuance,
and after which the issuing judge should ascertain if the return has been
made, and if there was none, should summon the person to whom the
warrant was issued and require him to explain why no return was made. If
the return has been made, the judge should ascertain from the officer who
seized the property under the warrant if a detailed receipt of the property
seized was left with the lawful occupants of the premises in whose
presence the search and seizure were made, or in the absence of such
occupants, whether he left a receipt in the place in which he found the
seized property in the presence of at least two witnesses of sufficient age
and discretion residing in the same locality, and should require that the
property seized by virtue of the warrant shall be delivered to the judge
who issued the warrant. The judge should see to it that an accurate and
true inventory of the property seized duly verified under oath is attached
to the return and filed with the court; and
b. The return on the search warrant shall be filed and kept by the custodian
of the log book who shall also enter in the log book, the date of the return,
the result, and such other actions the judge may have taken thereon.
DOJ Circular No. 50 (Oct. 29, 1990)
TO: All Provincial and City Prosecutors and Their Assistants, and State Prosecutors
SUBJECT: “JOHN DOE” INFORMATIONS
The attention of this Department has been invited to the practice of some
prosecutors of filing informations against persons, who, apart from being merely identified as
“John Does”, are not otherwise particularly described to distinguish them or set them apart
from other persons. This practice has resulted in instances where the name of persons who
are subsequently arrested are substituted in place of the “John Does” in the information even
though the evidence extant in the records of the case does not show any substantial identity
between the former and the latter.
Warrants of arrest against “John Does”, the witnesses against them whom could not
or would not identify them, is of the nature of general warrants and one of a class of writs long
proscribed and anathematized as “totally subversive of the liberty of the subject.” It is violative
of the constitutional injunction that warrants of arrest should particularly describe the person
or persons to be seized. (Pangandaman vs. Casar, 159 SCRA 599).
Henceforth, as a matter of policy of this Department, whenever a complaint
implicating a “John Doe” is filed, you are directed to:
1. elicit from the witnesses other appropriate descriptions to particularly describe a
“John Doe” to distinguish him or set him apart from the others, and
2. to place a new name in the information in lieu of a “John Doe” only when the
description of this “John Doe” as appearing in the sworn statement of a witness
substantially tallies with the description of the person placed in “John Doe’s” stead.
 PRELIMINARY INVESTIGATION
Rules of Court
RULE 112
Preliminary Investigation
Section 1. Preliminary investigation defined; when required. — Preliminary investigation is an
inquiry or proceeding to determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty thereof,
and should be held for trial.
Except as provided in section 7 of this Rule, a preliminary investigation is required to be
conducted before the filing of a complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to
the fine. (1a)
Section 2. Officers authorized to conduct preliminary investigations. —
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes cognizable by the
proper court in their respective territorial jurisdictions. (2a)
Section 3. Procedure. — The preliminary investigation shall be conducted in the following
manner:
(a) The complaint shall state the address of the respondent and shall be accompanied
by the affidavits of the complainant and his witnesses, as well as other supporting
documents to establish probable cause. They shall be in such number of copies as
there are respondents, plus two (2) copies for the official file. The affidavits shall be
subscribed and sworn to before any prosecutor or government official authorized to
administer oath, or, in their absence or unavailability, before a notary public, each
of who must certify that he personally examined the affiants and that he is satisfied
that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall
either dismiss it if he finds no ground to continue with the investigation, or issue a
subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by the
complainant which he may not have been furnished and to copy them at his expense.
If the evidence is voluminous, the complainant may be required to specify those
which he intends to present against the respondent, and these shall be made
available for examination or copying by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party.
(c) Within ten (10) days from receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other supporting documents relied upon for
his defense. The counter-affidavits shall be subscribed and sworn to and certified as
provided in paragraph (a) of this section, with copies thereof furnished by him to the
complainant. The respondent shall not be allowed to file a motion to dismiss in lieu
of a counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavits within the ten (10) day period, the investigating officer shall
resolve the complaint based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to be
clarified from a party or a witness. The parties can be present at the hearing but
without the right to examine or cross-examine. They may, however, submit to the
investigating officer questions which may be asked to the party or witness
concerned.
The hearing shall be held within ten (10) days from submission of the counter-
affidavits and other documents or from the expiration of the period for their
submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for trial.
(3a)
Section 4. Resolution of investigating prosecutor and its review. — If the investigating
prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and
information. He shall certify under oath in the information that he, or as shown by the record,
an authorized officer, has personally examined the complainant and his witnesses; that there
is reasonable ground to believe that a crime has been committed and that the accused is
probably guilty thereof; that the accused was informed of the complaint and of the evidence
submitted against him; and that he was given an opportunity to submit controverting
evidence. Otherwise, he shall recommend the dismissal of the complaint.
Within five (5) days from his resolution, he shall forward the record of the case to the provincial
or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of
offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall
act on the resolution within ten (10) days from their receipt thereof and shall immediately
inform the parties of such action.
No complaint or information may be filed or dismissed by an investigating prosecutor without
the prior written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor
or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may,
by himself, file the information against the respondent, or direct any other assistant prosecutor
or state prosecutor to do so without conducting another preliminary investigation.
If upon petition by a proper party under such rules as the Department of Justice may prescribe
or motu proprio, the Secretary of Justice reverses or modifies the resolution of the provincial
or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to
file the corresponding information without conducting another preliminary investigation, or to
dismiss or move for dismissal of the complaint or information with notice to the parties. The
same rule shall apply in preliminary investigations conducted by the officers of the Office of
the Ombudsman. (4a)
Section 5. Resolution of investigating judge and its review. — Within ten (10) days after the
preliminary investigation, the investigating judge shall transmit the resolution of the case to
the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses
cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate
action. The resolution shall state the findings of facts and the law supporting his action,
together with the record of the case which shall include: (a) the warrant, if the arrest is by
virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting evidence of the
parties; (c) the undertaking or bail of the accused and the order for his release; (d) the
transcripts of the proceedings during the preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the
Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating
judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts
and the law on which it is based and the parties shall be furnished with copies thereof. They
shall order the release of an accused who is detained if no probable cause is found against him.
(5a)
Section 6. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten
(10) days from the filing of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the
case if the evidence on record clearly fails to establish probable cause. If he finds probable
cause, he shall issue a warrant of arrest, or a commitment order if the accused has already
been arrested pursuant to a warrant issued by the judge who conducted the preliminary
investigation or when the complaint or information was filed pursuant to section 7 of this Rule.
In case of doubt on the existence of probable cause, the judge may order the prosecutor to
present additional evidence within five (5) days from notice and the issue must be resolved by
the court within thirty (30) days from the filing of the complaint of information.
(b) By the Municipal Trial Court. — When required pursuant to the second paragraph of section
1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court may be conducted by either the judge or the prosecutor. When conducted
by the prosecutor, the procedure for the issuance of a warrant or arrest by the judge shall be
governed by paragraph (a) of this section. When the investigation is conducted by the judge
himself, he shall follow the procedure provided in section 3 of this Rule. If the findings and
recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or
his deputy, and the corresponding information is filed, he shall issue a warrant of arrest.
However, without waiting for the conclusion of the investigation, the judge may issue a
warrant of arrest if he finds after an examination in writing and under oath of the complainant
and his witnesses in the form of searching question and answers, that a probable cause exists
and that there is a necessity of placing the respondent under immediate custody in order not
to frustrate the ends of justice.
(c) When warrant of arrest not necessary. — A warrant of arrest shall not issue if the accused
is already under detention pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint or information was filed
pursuant to section 7 of this Rule or is for an offense penalized by fine only. The court shall
then proceed in the exercise of its original jurisdiction. (6a)
Section 7. When accused lawfully arrested without warrant. — When a person is lawfully
arrested without a warrant involving an offense which requires a preliminary investigation, the
complaint or information may be filed by a prosecutor without need of such investigation
provided an inquest has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a
peace office directly with the proper court on the basis of the affidavit of the offended party
or arresting officer or person.
Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provisions of Article
125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding
the waiver, he may apply for bail and the investigation must be terminated within fifteen (15)
days from its inception.
After the filing of the complaint or information in court without a preliminary investigation,
the accused may, within five (5) days from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense as provided in this Rule.
(7a; sec. 2, R.A. No. 7438)
Section 8. Records. — (a) Records supporting the information or complaint. — An information
or complaint filed in court shall be supported by the affidavits and counter-affidavits of the
parties and their witnesses, together with the other supporting evidence and the resolution
on the case.
(b) Record of preliminary investigation. — The record of the preliminary investigation, whether
conducted by a judge or a fiscal, shall not form part of the record of the case. However, the
court, on its own initiative or on motion of any party, may order the production of the record
or any its part when necessary in the resolution of the case or any incident therein, or when it
is to be introduced as an evidence in the case by the requesting party. (8a)
Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure. —
(a) If filed with the prosecutor. — If the complaint is filed directly with the prosecutor
involving an offense punishable by imprisonment of less four (4) years, two (2)
months and one (1) day, the procedure outlined in section 3(a) of this Rule shall be
observed. The prosecutor shall act on the complaint based on the affidavits and
other supporting documents submitted by the complainant within ten (10) days from
its filing.
(b) If filed with the Municipal Trial Court. — If the complaint or information is filed
directly with the Municipal Trial Court or Municipal Circuit Trial Court for an offense
covered by this section, the procedure in section 3(a) of this Rule shall be observed.
If within ten (10) days after the filing of the complaint or information, the judge finds
no probable cause after personally evaluating the evidence, or after personally
examining in writing and under oath the complainant and his witnesses in the form
of searching question and answers, he shall dismiss the same. He may, however,
require the submission of additional evidence, within ten (10) days from notice, to
determine further the existence of probable cause. If the judge still finds no probable
cause despite the additional evidence, he shall, within ten (10) days from its
submission or expiration of said period, dismiss the case. When he finds probable
cause, he shall issue a warrant of arrest, or a commitment order if the accused had
already been arrested, and hold him for trial. However, if the judge is satisfied that
there is no necessity for placing the accused under custody, he may issue summons
instead of a warrant of arrest. (9a)
BP 129
Sec. 37. Preliminary investigation. – Judges of Metropolitan Trial Courts, except those in the
National Capital Region, of Municipal Trial Courts, and Municipal Circuit Trial Courts shall have
authority to conduct preliminary investigation of crimes alleged to have been committed
within their respective territorial jurisdictions which are cognizable by the Regional Trial
Courts.
The preliminary investigation shall be conducted in accordance with the procedure prescribed
in Section 1, paragraphs (a), (b), (c), and (d), of Presidential Decree No. 911: Provided,
however, That if after the preliminary investigation the Judge finds a prima facie case, he shall
forward the records of the case to the Provincial/City Fiscal for the filing of the corresponding
information with the proper court.
No warrant of arrest shall be issued by the Judge in connection with any criminal complaint
filed with him for preliminary investigation, unless after an examination in writing and under
oath or affirmation of the complainant and his witnesses, he finds that a probable cause exists.
Any warrant of arrest issued in accordance herewith may be served anywhere in the
Philippines.
A.M. No. 05-8-26-SC (Aug. 30, 2005)
Acting on the Resolution dated August 26, 2005 of the Committee on the Revision
of Rules of Court, the Court Resolved to AMEND Rules 112 and 114 of the Revised Rules on
Criminal Procedure as follows:
RULE 112 PRELIMINARY INVESTIGATION
SECTION 1. Preliminary investigation dened; when required. —
Preliminary investigation is an inquiry or proceeding to determine whether
there is su cient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and should
be held for trial. ICHcTD
Except as provided in Section 6 of this Rule, a preliminary investigation is
required to be conducted before the ling of a complaint or information for
an offense where the penalty prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the fine. (1a) iatdc3up05
SEC. 2. O cers authorized to conduct preliminary investigations. — The
following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions.
(2a)
SEC. 3. Procedure. — The preliminary investigation shall be conducted in the
following manner:
 (a) The complaint shall state the address of the respondent
and shall be accompanied by a davits of the complainant and his witnesses,
as well as other supporting documents to establish probable cause. They
shall be in such number of copies as there are respondents, plus two (2)
copies for the o cial le. The a davits shall be subscribed and sworn to before
any prosecutor or government o cial authorized to administer oath, or, in
their absence or unavailability, before a notary public, each of whom must
certify that he personally examined the a ants and that he is satis ed that
they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the ling of the complaint, the
investigating o cer shall either dismiss it if he nds no ground to continue with
the investigation, or issue a subpoena to the respondent attaching to it a
copy of the complaint and its supporting affidavits and document.
The respondent shall have the right to examine the evidence submitted by
the complainant which he may not have been furnished and to copy them
at his expense. If the evidence is voluminous, the complainant may be
required to specify those which he intends to present against the
respondent, and these shall be made available for examination or copying
by the respondent at his expense.
Objects as evidence need not be furnished a party but shall be made
available for examination, copying or photographing at the expense of the
requesting party.
(c) Within ten (10) days from receipt of the subpoena with
the complaint and supporting a davits and documents, the respondent shall
submit his counter-a davit and that of his witnesses and other supporting
documents relied upon for his defense. The counter-a davits shall be
subscribed and sworn to and certi ed as provided in paragraph (a) of this
section, with copies thereof furnished by him to the complainant. The
respondent shall not be allowed to file a motion to dismiss in lieu of a
counter-affidavit.
(d) If the respondent cannot be subpoenaed, or if
subpoenaed, does notsubmit counter-a davits within the ten (10) day
period, the investigating o cer shall resolve the complaint based on the
evidence presented by the complainant.
(e) The investigating o cer may set a hearing if there are
such facts and issues to be clari ed from a party or a witness. The parties can
be present at the hearing but without the right to examine or cross-
examine. They may, however, submit to the investigating o cer questions
which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the
counter-a davits and other documents or from the expiration of the period
for their submission. It shall be terminated within five (5) days.
(f) Within ten (10) days after the investigation, the
investigating o cer shall determine whether or not there is su cient ground
to hold the respondent for trial, (3a)
SEC. 4. Resolution of investigating prosecutor and its review. — If the
investigating prosecutor nds cause to hold the respondent for trial, he shall
prepare the resolution and information. He shall certify under oath in the
information that he, or as shown by the record, an authorized o cer, has
personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that the
accused is probably guilty thereof; that the accused was informed of the
complaint and of the evidence submitted against him; and that he was given
an opportunity to submit controverting evidence. Otherwise, he shall
recommend the dismissal of the complaint.
Within ve (5) days from his resolution, he shall forward the record of the
case to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction. They shall act on
the resolution within ten (10) days from their receipt thereof and shall
immediately inform the parties of such action. cSHIaA
No complaint or information may be led or dismissed by an investigating
prosecutor without the prior written authority or approval of the provincial
or city prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provincial or city
prosecutor or chief state prosecutor or the Ombudsman or his deputy on
the ground that a probable cause exists, the latter may, by himself, le the
information against the respondent, or direct another assistant prosecutor
or state prosecutor to do so without conducting another preliminary
investigation.
If upon petition by a proper party under such rules as the Department of
Justice may prescribe or motu proprio, the Secretary of Justice reverses or
modi es the resolution of the provincial or city prosecutor or chief state
prosecutor, he shall direct the prosecutor concerned either to le the
corresponding information without conducting another preliminary
investigation, or to dismiss or move for dismissal of the complaint or
information with notice to the parties. The same rule shall apply in
preliminary investigations conducted by the officers of the Office of the
Ombudsman. (4a) TEDaAc
 SEC. 5. When warrant of arrest may issue. —
(a) By the Regional Trial Court. — Within ten (10) days from
the ling of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence. He may
immediately dismiss the case if the evidence on record clearly fails to
establish probable cause. If he nds probable cause, he shall issue a warrant
of arrest, or a commitment order when the complaint or information was
led pursuant to section 6 of this Rule. In case of doubt on the existence of
probable cause, the judge may order the prosecutor to present additional
evidence within ve (5) days from notice and the issue must be resolved by
the court within thirty (30) days from the ling of the complaint or
information.
(b) By the Municipal Trial Court. — When required pursuant
to the second paragraph of section 1 of this Rule, the preliminary
investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court or Municipal Circuit Trial Court SHALL be conducted by the
prosecutor. The procedure for the issuance of a warrant of arrest by the
judge shall be governed by paragraph (a) of this section.
(c) When warrant of arrest not necessary. — A warrant of
arrest shall not issue if the accused is already under detention pursuant to
a warrant issued by the municipal trial court in accordance with paragraph
(b) of this section, or if the complaint or information was led pursuant to
section 6 of this Rule or is for an offense penalized by ne only. The court
shall then proceed in the exercise of its original jurisdiction. (6a)
SEC. 6. When accused lawfully arrested without warrant. — When a person
is lawfully arrested without a warrant involving an offense which requires a
preliminary investigation, the complaint or information may be led by a
prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or unavailability
of an inquest prosecutor, the complaint may be led by the offended party
or by a peace o cer directly with the proper court on the basis of the a davit
of the offended party or arresting officer or person.
Before the complaint or information is led, the person arrested may ask for
a preliminary investigation in accordance with this Rule, but he must sign a
waiver of the provisions of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver, he
may apply for bail and the investigation must be terminated within fteen
(15) days from its inception.
After the ling of the complaint or information in court without a
preliminary investigation, the accused may within ve (5) days from the time
he learns of its ling, ask for a preliminary investigation with the same right
to adduce evidence in his defense as provided in this Rule. (7a; sec. 2, R.A.
No. 7438) SEC. 7. Records. —
(a) Records supporting the information or complaint. — An information or
complaint led in court shall be supported by the a davits and countera davits
of the parties and their witnesses, together with the other supporting
evidence and the resolution on the case.
( b ) Record of preliminary investigation. — The record of the preliminary
investigation conducted by a prosecutor OR OTHER OFFICERS AS MAY BE
AUTHORIZED BY LAW shall not form part of the record of the case. However,
the court, on its own initiative or on motion of any party, may order the
production of the record or any of its part when necessary in the resolution
of the case or any incident therein, or when it is to be introduced as an
evidence in the case by the requesting party. (8a) aSTECI
SEC. 8. Cases not requiring a preliminary investigation nor covered by
the Rule on Summary Procedure. —
(a) If led with the prosecutor. — If the complaint is led
directly with the prosecutor involving an offense punishable by an
imprisonment of less than four (4) years, two (2) months and one (1) day,
the procedure outlined in section 3(a) of this Rule shall be observed. The
prosecutor shall act on the complaint based on the a davits and other
supporting documents submitted by the complainant within ten (10) days
from its filing.
(b) If led with the Municipal Trial Court. — If the complaint
or information is led with the Municipal Trial Court or Municipal Circuit Trial
Court for an offense covered by this section, the procedure in section 3(a)
of this rule shall be observed. If within ten (10) days after the ling of the
complaint of information, the judge nds no probable cause after personally
evaluating the evidence, or after personally examining in writing and under
oath the complainant and his witnesses in the form of searching questions
and answers, he shall dismiss the same. He may, however, require the
submission of additional evidence, within ten (10) days from notice, to
determine further the existence of probable cause. If the judge still nds no
probable cause despite the additional evidence, he shall, within ten (10)
days from its submission or expiration of said period, dismiss the case. When
he nds probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused had already been arrested, and hold him for trial.
However, if the judge is satis ed that there is no necessity for placing the
accused under custody, he may issue summons instead of a warrant of
arrest. (9a)
 xxx xxxRULE 114 BAIL
SEC. 17. Bail, where led. — (a) Bail in the amount xed may be led with the
court where the case is pending, or, in the absence or unavailability of the
judge thereof, with any regional trial judge, metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may be led with any regional trial
court of said place, or, if no judge thereof is available, with any metropolitan
trial judge, municipal trial judge or municipal circuit trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the
accused seeks to be released on recognizance, the application may be led
only in the court where the case is pending, on trial or appeal.
(c) Any person in custody who is not yet charged in court
may apply for bail with any court in the province, city or municipality where
he is held, (17a)
All First Level Courts shall continue with the preliminary investigation of cases
pending with them and terminate them not later than December 31, 2005.
Upon the date of effectivity of these amendments, First Level Courts shall no longer
accept new cases for preliminary investigation, which fall under the exclusive jurisdiction of
courts of other levels.
These amendments shall take effect on October 3, 2005 following their publication
in a newspaper of general circulation not later than September 15, 2005.
Rev. Rules on Summary Procedure
Sec. 11. How commenced. — The filing of criminal cases falling within the scope of this Rule
shall be either by complaint or by information: Provided, however, that in Metropolitan Manila
and in Chartered Cities. such cases shall be commenced only by information, except when the
offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by the affidavits of the compliant and of
his witnesses in such number of copies as there are accused plus two (2) copies for the court's
files.If this requirement is not complied with within five (5) days from date of filing, the care
may be dismissed.
Ombudsman Admin. Order No. 7 (April 10, 1990)
Pursuant to the authority vested in the Office of the Ombudsman under Sections 18, 23 and
27 of Republic Act No. 6770, otherwise known as "The Ombudsman Act of 1989," the following
Rules of Procedure of the Office of the Ombudsman are hereby prescribed and promulgated:
RULE I
SECTION 1. TITLE. — These rules shall be known as the RULES OF PROCEDURE OF THE OFFICE
OF THE OMBUDSMAN.
Sec. 2. COVERAGE. — These rules shall apply to all criminal and administrative complaints,
grievances or requests for assistance and such other matters cognizable by the Office of the
Ombudsman.
Sec. 3. FORM OF COMPLAINTS, GRIEVANCE OR REQUESTS FOR ASSISTANCE. — Complaints may
be in any form, either verbal or in writing. For a speedier disposition of the complaint, however,
it is preferable that it be in writing and under oath. A complaint which does not disclose the
identity of the complainant will be acted upon only if it merits appropriate consideration, or
contains sufficient leads or particulars to enable the taking of further action.
Grievances or requests for assistance may likewise be verbal or in writing. In any case, the
requesting or complaining party must indicate his address and telephone number, if any.
RULE II
PROCEDURE IN CRIMINAL CASES
SECTION 1. GROUNDS. — A criminal complaint may be brought for an offense in violation of
R.A. 3019, as amended, R.A. 1379, as amended, R.A. 6713, Title VII Chapter II, Section 2 of the
Revised Penal Code, and for such other offenses committed by public officers and employees
in relation to office.
Sec. 2. EVALUATION. — Upon evaluating the complaint, the investigating officer shall
recommend whether it may be:
a) dismissed outright for want of palpable merit;
b) referred to respondent for comment;
c) indorsed to the proper government office or agency which has jurisdiction over the
case;
d) forwarded to the appropriate office or official for fact-finding investigation;
e) referred for administrative adjudication; or
f) subjected to a preliminary investigation.
Sec. 3. PRELIMINARY INVESTIGATION; WHO MAY CONDUCT. — Preliminary investigation may
be conducted by any of the following:
 1) Ombudsman Investigators; into writing and served on the witness concerned who shall be required to answer the
same in writing and under oath.
2) Special Prosecuting Officers;
g) Upon the termination of the preliminary investigation, the investigating officer shall
3) Deputized Prosecutors; forward the records of the case together with his resolution to the designated
authorities for their appropriate action thereon.
4) Investigating Officials authorized by law to conduct preliminary investigations; or
No information may be filed and no complaint may be dismissed without the written authority
or approval of the Ombudsman in cases falling within the jurisdiction of the Sandiganbayan, or
5) Lawyers in the government service, so designated by the Ombudsman.
of the proper Deputy Ombudsman in all other cases.

Sec. 4. PROCEDURE. — Preliminary investigation of cases falling under the jurisdiction of the
Sec. 5. CASES FALLING UNDER THE JURISDICTION OF MUNICIPAL TRIAL COURTS. — Cases falling
Sandiganbayan and Regional Trial Courts shall be conducted in the manner prescribed in
under the jurisdiction of the Office of the Ombudsman which are cognizable by municipal trial
Section 3, Rule 112 of the Rules of Court, subject to the following provisions:
courts, including those subject to the Rule of Summary Procedure may only be filed in court by
information approved by the Ombudsman or the proper Deputy Ombudsman.
a) If the complaint is not under oath or is based only on official reports, the
investigating officer shall require the complainant or supporting witnesses to execute
Sec. 6. NOTICE TO PARTIES. — The parties shall be served with a copy of the resolution as finally
affidavits to substantiate the complaints.
approved by the Ombudsman or by the proper Deputy Ombudsman.

b) After such affidavits have been secured, the investigating officer shall issue an order,
Sec. 7. MOTION FOR RECONSIDERATION. — a) Only one (1) motion for reconsideration or
attaching thereto a copy of the affidavits and other supporting documents, directing
reinvestigation of an approved order or resolution shall be allowed, the same to be filed within
the respondent to submit, within ten (10) days from receipt thereof, his counter-
fifteen (15) days from notice thereof with the Office of the Ombudsman, or the Deputy
affidavits and controverting evidence with proof of service thereof on the complainant.
Ombudsman as the case may be.
The complainant may file reply affidavits within ten (10) days after service of the
counter-affidavits.
b) No motion for reconsideration or reinvestigation shall be entertained after the information
shall have been filed in court, except upon order of the court wherein the case was filed.
c) If the respondent does not file a counter-affidavit, the investigating officer may
consider the comment filed by him, if any, as his answer to the complaint. In any event,
the respondent shall have access to the evidence on record. RULE III

d) No motion to dismiss shall be allowed except for lack of jurisdiction. Neither may be PROCEDURE IN ADMINISTRATIVE CASES
motion for a bill of particulars be entertained. If respondent desires any matter in the
complainant’s affidavit to be clarified, the particularization thereof may be done at the SECTION 1. GROUNDS FOR ADMINISTRATIVE COMPLAINT. — An administrative complaint may
time of clarificatory questioning in the manner provided in paragraph (f) of this section. be filed for acts or omissions, including but not limited to the following:

e) If the respondent cannot be served with the order mentioned in paragraph 6 hereof, a) contrary to law or regulations;
or having been served, does not comply therewith, the complaint shall be deemed
submitted for resolution on the basis of the evidence on record. b) unreasonable, unfair, oppressive or discriminating;

f) If, after the filing of the requisite affidavits and their supporting evidences, there are c) inconsistent with the general course of the agency’s functions though in accordance
facts material to the case which the investigating officer may need to be clarified on, with law;
he may conduct a clarificatory hearing during which the parties shall be afforded the
opportunity to be present but without the right to examine or cross-examine the
d) on a mistake of law or an arbitrary ascertainment of facts;
witness being questioned. Where the appearance of the parties or witnesses is
impracticable, the clarificatory questioning may be conducted in writing, whereby the
questions desired to be asked by the investigating officer or a party shall be reduced e) in the exercise of discretionary powers but for an improper purpose;
 f) otherwise irregular, immoral or devoid of justification;
g) due to any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his deputies against the office or employee to whom it was
addressed; and
h) such other grounds provided for under PD 807, RA 6713 and other applicable laws.
Sec. 2. PUBLIC OFFICERS COVERED; EXCEPTIONS. — All elective and appointive officials of the
government and its subdivisions, instrumentalities and agencies, including Members of the
Cabinet, local governments, government-owned or controlled corporations and their
subsidiaries are subject to the disciplinary authority of the Office of the Ombudsman.
Excepted from the foregoing are Members of Congress, the Judiciary, and officials removable
only by impeachment; provided, however, that the Office of the Ombudsman may investigate
any serious misconduct in office allegedly committed by officials removable only by
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.
Sec. 3. HOW INITIATED. — An administrative case may be initiated by a written complaint
under oath accompanied by affidavits of witnesses and other evidences in support of the
charge. An administrative proceeding may also be ordered by the Ombudsman or the
respective Deputy Ombudsman on his initiative or on the basis of a complaint originally files
as a criminal action or a grievance complaint or request for assistance.
Sec. 4. EVALUATION. — Upon receipt of the complaint, the same shall be evaluated to
determine whether the same may be:
a) dismissed outright for any of the grounds stated under section 20 of R.A. 6770;
b) referred to other disciplinary authorities under paragraph 2, Section 23, RA 6770 for
the taking of appropriate administrative proceedings;
c) the subject of administrative adjudication by the Office of the Ombudsman.
Sec. 5. ADMINISTRATIVE ADJUDICATION; HOW CONDUCTED. —
a) If the complaint is not dismissed for any of the causes enumerated in Section 20 of
Republic Act No. 6770, the respondent shall be furnished with copy of the affidavits
and other evidences submitted by the complainant, and shall be ordered to file his
counter-affidavits and other evidences in support of his defense, within ten (10) days
from receipt thereof, together with proof of service of the same on the complainant
who may file reply affidavits within ten (10) days from receipt of the counter-affidavits
of the respondent.
b) If, on the basis of the affidavits and other evidences submitted by the parties, the
investigating officer finds no sufficient cause to warrant further proceedings, the
complaint may be dismissed. Otherwise, he shall summon the parties to a preliminary
conference to consider the following matters:
1) Whether the parties desire a formal investigation or are willing to submit the
case for resolution on the basis of the evidence on record and such other
evidences they will present at such conference; or
2) Should the parties desire a formal investigation to determine the nature of
the charge, stipulation of facts, a definition of the issues, identification and
marking of exhibits, limitation of witnesses, and such other matters as would
expedite the proceedings.
c) After the preliminary conference, the investigating officer shall issue an order
reciting the matters taken up during the conference including the facts stipulated, the
evidences marked and the issues involved. The contents of this order may not be
deviated from unless amended to prevent manifest injustice.
d) Should a hearing be conducted, the parties shall be notified at least five (5) days
before the date thereof. Failure of any or both of the parties to appear at the hearing
is not necessarily a cause for the dismissal of the complaint. A party who appears may
be allowed to present his evidence in the absence of the adverse party who was duly
notified of the hearing.
e) Only witnesses who have submitted affidavits served on the adverse party at least
five (5) days before the date of his being presented as a witness may be allowed to
testify at the hearing. The affidavit of any witness shall constitute his direct testimony,
subject to cross-examination, re-direct examination and re-cross-examination.
f) The parties shall be allowed that assistance of counsel and the right to the production
of evidence through the compulsory process of subpoena and subpoena duces tecum.
Sec. 6. RENDITION OF DECISION. — Not later than thirty (30) days after the termination of the
hearing, the investigating officer shall submit a resolution containing his findings and
recommendation for the approval of the Ombudsman. Once approved, the said resolution
shall constitute the decision in the case. Copy thereof shall be served upon the parties and the
head of the office or agency of which the respondent as in official or employee for his
information and compliance with any directive contained therein.
Sec. 7. FINALITY OF DECISION. — Where the respondent is absolved of the charge and in case
of conviction where the penalty imposed is public censure or reprimand, suspension of not
more than one (1) month, or a fine equivalent to one (1) month salary, the decision shall be
final and unappealable. In all other cases, the decision shall become final after the expiration
of ten (10) days from receipt thereof by the respondent, unless a motion for reconsideration
or petition for certiorari shall have been filed by him as prescribed in Section 27 of RA 6770.
Sec. 8. MOTION FOR RECONSIDERATION OR REINVESTIGATION. — Whenever allowable, a
motion for reconsideration or reinvestigation may only be entertained if filed within ten (10)
days from receipt of the decision by the respondent on any of the following grounds:
a) New evidence had been discovered which materially affects the order, directive or
decision.
b) Errors of facts or law, or irregularities have been committed prejudicial to the
interest of the movant.
Only one motion for reconsideration or reinvestigation shall be allowed, and the hearing
officer shall resolved the same within five (5) days from receipt thereof.
Sec. 9. PREVENTIVE SUSPENSION. — Pending investigation, the respondent may be
preventively suspended without pay for a period of not more than six (6) months if, in the
judgment of the Ombudsman or hi proper deputy, the evidence of guilt is strong, and (a) the
charge against such officer or employee involves dishonesty, oppression or gross misconduct,
or neglect in the performance of duty; or (b) the charge would warrant removal from the
service; or (c) the respondent’s continued stay in office may prejudice the case filed against
him.
If the administrative investigation is not terminated within the period of the respondent is
suspended, the respondent shall be automatically reinstated unless the delay in the disposition
of the case is due to the fault, negligence, or any cause attributable to the respondent, in which
case the period of such delay shall not be counted in computing the period of suspension.
Sec. 10. PENALTIES. — (a) In administrative proceedings conducted under PD 807 by agencies
or offices other than the Office of the Ombudsman, the penalties under said law shall be
imposed.; (b) In administrative proceedings conducted under these rules, the Office of the
Ombudsman may impose a penalty ranging from suspension without pay for one (1) year to
dismissal with forfeiture of benefits or a fine ranging from five thousand pesos (P5,000.00) to
twice the amount malversed, illegally taken, or lost, or both, at the discretion of the
Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability
of the officer or employee found guilty of the complaint or charge.
This is without prejudice to the authority of the Ombudsman to exercise his authority under
Section 15, paragraph (3) of RA 6770.
RULE IV
PROCEDURE IN GRIEVANCES/REQUEST FOR ASSISTANCE
SECTION 1. GRIEVANCE OR REQUEST FOR ASSISTANCE; NATURE OF. — A grievance or request
for assistance may consist of a complaint or request seeking redress or relief concerning an act
or omission of public official or employee, office or agency alleged to be unreasonable, unfair,
oppressive, discriminatory, improper or inefficient, and which does not necessarily amount to
a criminal or administrative offense.
Sec. 2. BY WHOM HANDLED. — Grievance or request for assistance shall be acted upon by the
Public Assistance Office of the Central Office of the Ombudsman, or in the Office of the
respective Deputy Ombudsman.
Sec. 3. ACTION THEREON. — A grievance or request for assistance shall be acted upon
immediately upon receipt.
a) Where the grievance or request for assistance appears to be manifestly frivolous,
vexatious, or made in bad faith, or where it involves a matter purely between private
parties, the same may be dismissed outright and the complainant/requesting party
informed of the reasons for such dismissal;
b) Where the redress, relief or assistance sought may be acted upon by another office,
the same may be referred to the office concerned, with the Public Assistance Office
following it up in behalf of the complainant.
c) In all other cases which the Office of the Ombudsman may take cognizance of, the
procedure in the following sections shall be observed.
Sec. 4. PROCEDURE. — a) If the grievance or request is relatively simple and/or requires
immediate action, the same may be acted upon by telegram, telephone, or other means of
communication or given personal attention by going to the office or agency concerned.
a) Whenever deemed necessary or advisable, a copy of the grievance or request for
assistance, together with pertinent documents shall be sent to the public official,
employee or agency concerned, copy furnished its head and the Resident Ombudsman,
if any, for the taking of immediate remedial action; or, if the relief requested may not
be complied with, to submit a written explanation therefor.
b) Whenever deemed necessary or advisable, a copy of the grievance or request for
assistance, together with pertinent documents shall be sent to the public official,
employee or agency concerned, copy furnished its head and the Resident Ombudsman,
if any, for the taking of immediate remedial action; or, if the relief requested may not
be complied with, to submit a written explanation therefor.
c) If such explanation is found satisfactory, and/or appropriate action had already been
taken on the grievance or request, the same shall be dismissed and the parties
informed accordingly.
d) The Public Assistance Office may arrange a conference between the
complainant/requesting party, and the public official concerned with a view to a
satisfactory and expeditious resolution of the grievance/request.
 e) Upon consideration of the facts or information gathered, a resolution on the
grievance or request shall be made within two (2) days of which the parties shall be
notified, and appropriate steps taken to insure compliance therewith.
Sec. 5. EFFECT OF NON-COMPLIANCE. — Any delay or refusal to comply with the referral or
directive of the Ombudsman or any of the deputies shall constitute a ground for administrative
disciplinary action against the officer or employee to whom it was addressed pursuant to
Section 26, paragraph (4) of RA 6770.
RULE V
SECTION 1. IMMUNITY FROM PROSECUTION. — a) Any person whose testimony or production
of documents or other evidence is necessary to determine the truth in any inquiry, hearing, or
proceeding being conducted by the Office of the Ombudsman or under its authority in the
performance or furtherance of its constitutional functions and statutory objectives, including
preliminary investigation, may be granted immunity from criminal prosecution by the
Ombudsman, upon such terms and conditions as the Ombudsman may determine, taking into
account the pertinent provisions of the Rules of Court.
Such immunity may be granted upon application of the concerned party, the investigating,
hearing, or prosecuting officer, or at the instance of the Ombudsman. Provided, however, that
in all cases, the concerned party shall execute an affidavit reciting the substance of his
proposed testimony and/or the nature of the evidence in his possession.
b) In all hearings, inquiries, and proceedings of the Office of the Ombudsman, including
preliminary investigation of the offenses, no person subpoenaed to testify as a witness shall
be excused from attending and testifying or from producing books, papers, correspondence,
memoranda and/or other records on the ground that the testimony or evidence, documentary
or otherwise, required of him may tend to incriminate him subject to prosecution: Provided,
that no person shall be prosecuted criminally for or on account of any matter, concerning
which he is compelled to testify and produce evidence, after having claimed the privilege
against self-incrimination.
c) the grant of immunity from criminal prosecution under the preceding paragraphs may be
revoked upon proper notice in the event that the person granted immunity subsequently
retracts his statement, or fails or refuses to testify or produce evidence in court in accordance
with the sworn statement upon which his immunity was granted.
Neither shall such grant of immunity exempt the party concerned from criminal prosecution
for perjury or false testimony, nor shall he be exempt from demotion or removal from office.
Sec. 2. PUBLIC DISCLOSURE; EXEMPTION. — When circumstances so warrant and with due
prudence, the Office of the Ombudsman may publicize in a fair and balanced manner the filing
of a complaint, grievance or request for assistance, and the final resolution, decision or action
taken thereon: Provided, however, that prior to such final action, no publicity shall be make of
matters which may adversely affect national security or public interest, prejudice the safety of
the witnesses or the disposition of the case, or unduly expose persons complained against to
ridicule or public censure.
Sec. 3. RULES OF COURT APPLICATION. — In all matters not provided in these rules, the Rules
of Court shall apply in a suppletory character, or by analogy whenever practicable and
convenient.
Sec. 4. EFFECTIVITY. — These rules shall take effect following the completion of their
publication in the Official Gazette or in three (3) newspapers of general circulation in the
Philippines, one of which is printed in the national language.
They shall govern all cases brought after they take effect and to further proceedings in cases
then pending, except to the extent that their application would not be feasible or would cause
injustice to any party.
Sec. 5. SEPARABILITY CLAUSE. — If any provision of these rules is held unconstitutional, other
provisions not effected thereby shall remain valid and binding.
RA 9344
SEC. 32. Duty of the Prosecutor's Office. - There shall be a specially trained prosecutor to
conduct inquest, preliminary investigation and prosecution of cases involving a child in conflict
with the law. If there is an allegation of torture or ill-treatment of a child in conflict with the
law during arrest or detention, it shall be the duty of the prosecutor to investigate the same.
SEC. 33. Preliminary Investigation and Filing of Information. - The prosecutor shall conduct a
preliminary investigation in the following instances: (a) when the child in conflict with the law
does not qualify for diversion: (b) when the child, his/her parents or guardian does not agree
to diversion as specified in Sections 27 and 28; and (c) when considering the assessment and
recommendation of the social worker, the prosecutor determines that diversion is not
appropriate for the child in conflict with the law.
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify the
Public Attorney's Office of such service, as well as the personal information, and place of
detention of the child in conflict with the law.
Upon determination of probable cause by the prosecutor, the information against the child
shall be filed before the Family Court within forty-five (45) days from the start of the
preliminary investigation.
DOJ Circular No. 61 (Sept. 21, 1993)
Evidence Needed for an Inquest Proceedings
SECTION 1. Concept —Inquest is an informal and summary investigation con-ducted by a
public prosecutor in criminal cases involving persons arrested and detained without the benefit
of a warrant of arrest issued by the court for the purpose of deter-mining whether or not said
persons should remain under custody and correspondingly be charged in court.
SEC. 2. Designation of Inquest Officers —The City or Provincial Prosecutor shall designate the
Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a
list of their names and their schedule of assignments. If, however, there is only one Prosecutor
in the area, all inquest cases shall be referred to him for appropriate action. Unless otherwise
directed by the City or Provincial Prosecutor, those assigned to inquest duties shall discharge
their functions during the hours of their designated assignments and only at the police
stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest
cases.
SEC. 3. Commencement and Termination of Inquest —The inquest proceedings shall be
considered commenced upon receipt by the Inquest Officer from the law enforcement
authorities of the complaint/referral documents which should include:
a. the affidavit of arrest;
b. the investigation report;
c. the statement of the complainant and witnesses; and
d. other supporting evidence gathered by the police in the course of the latter’s
investigation of the criminal incident involving the arrested or detained person. The
inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and
sworn to before him by the arresting officer and the affiants. The inquest
proceedings must be terminated within the period prescribed under the provisions
of Article 125 of the Revised Penal Code, as amended. *
SEC. 4. Particular Documents Required in Specific Cases —The submission, presentation of
the documents listed herein below should as far as practicable, be required in the following
cases by the Inquest Officer.
Violation of the Anti-Fencing Law (PD 1612)
a. a list/inventory of the articles and items subject of the offense; and
b. statement of their respective value
Illegal Possession of Explosives (PD 1866)
a. chemistry report duly signed by the forensic chemist and
b. photograph of the explosives, if readily available.
Violation of the Fisheries Law (PD 704) (now RA 8550)
a. photograph of the confiscated fish, if readily available; and
b. certification of the Bureau of Fisheries and Aquatic Resources;
Violation of the Forestry Law (PD 705)
a. scale sheets containing the volume and species of the forest products confiscated,
number of pieces and other important details such as estimated value of the
products confiscated;
b. certification of Department of Environment and Natural Resources/Bureau
of Forest Management; and
c. seizure receipt. The submission of the foregoing documents shall no absolutely be
required if there are other forms of evidence submitted which will sufficiently
establish the facts sought to be proved by the foregoing documents.
SEC. 5. Incomplete documents—When the documents presented are not complete to
establish probable cause, the Inquest Officer shall direct the law enforcement agency to submit
the required evidence within the period prescribed under the provisions of Article 125 of the
Revised Penal Code, as amended; otherwise, the Inquest Officer shall order the release of the
detained person and, where the inquest is conducted outside of office hours, direct the law
enforcement agency concerned to file the case with the City or Provincial Prosecutor for
appropriate action.
SEC. 6. Presence of the detained person —The presence of the detained person who is under
custody shall be ensured during the proceedings. However, the production of the detained
person before the Inquest Officer may be dispensed with in the following cases:
a. if he is confined in a hospital;
b. if he is detained in a place under maximum security;
c. if production of the detained person involve security risks; or
d. if the presence of the detained person is not feasible by reason of age, health, sex
and other similar factors.
The absence of the detained person by reason of any of the foregoing factors must be noted
by the Inquest Officer and reflected in the record of the case.
SEC. 7. Charges and counter-charges —All charges and counter-charges arising from the same
incident shall, as far as practicable, be consolidated and inquested jointly to avoid
contradictory or inconsistent dispositions.
SEC. 8 Initial duty of the inquest officer —The Inquest Officer must first deter-mine if the
arrest of the detained person was made in accordance with the provisions of paragraphs (a)
and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure, as amended, which
provide that arrests without a warrant may be effected:
a. when, in the presence of the arresting officer, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense; or
b. when an offense has in fact just been committed, and the arresting officer has
personal knowledge of facts indicating that the person to be arrested has committed
it. For this purpose, the Inquest Officer may summarily examine the arresting officers
on the circumstances surrounding the arrest or apprehension of the detained per-
son.
SEC. 9. Where arrest not properly effected —Should the Inquest Officer find that the arrest
was not made in accordance with the Rules, he shall:
a. recommend the release of the person arrested or detained;
b. note down the disposition of the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provincial
Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is approved by the City or
Provincial Prosecutor but the evidence on hand warrant the conduct of a regular preliminary
investigation, the order of release shall be served on the officer having custody of said detainee
and shall direct the said officer to serve upon the detainee the subpoena or notice of
preliminary investigation, together with the copies of the charge sheet or complaint, affidavits
or sworn statements of the complainant and his witnesses and other supporting evidence.
SEC. 10. Where the arrest property effected —Should the Inquest Officer find that the arrest
was properly effected, the detained person should be asked if he desires to avail himself of a
preliminary investigation, if he does, he shall be made to execute a waiver of the provisions of
Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and, in case
of non-availability of a lawyer, a responsible person of his choice. The preliminary investigation
may be conducted by the Inquest Officer himself or by any other Assistant Prosecutor to whom
the case may be assigned by the City or Provincial Prosecutor, which investigation shall be
terminated within fifteen (15) days from its inception.
SEC. 11. Inquest proper —Where the detained person does not opt for a preliminary
investigation or otherwise refuses to execute the required waiver, the Inquest Officer shall
proceed with the inquest by examining the sworn statements/affidavits of the complainant
and the witnesses and other supporting evidence submitted to him. If necessary, the Inquest
Officer may require the presence of the complainant and witnesses and subject them to an
informal and summary investigation or examination for purposes of determining the existence
of probable cause.
SEC. 12. Meaning of probable cause —Probable cause exists when the evidence submitted to
the Inquest Officer engenders a well-founded belief that a crime has been committed and that
the arrested or detained person is probably guilty thereof.
SEC. 13. Presence of probable cause —If the Inquest Officer finds that probable cause exists,
he shall forthwith prepare the corresponding complaint/information with the
recommendation that the same be filed in court. The complaint/information shall indicate the
offense committed and the amount of bail recommended, if bailable. Thereafter, the record
of the case, together with the prepared com-plaint/information, shall be forwarded to the City
or Provincial Prosecutor for appropriate action. The complaint/information may be filed by the
Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor.
SEC. 14. Contents of information —The information shall, among others, contain:
a. a certification by the filing Prosecutor that he is filing the same in accordance with
the provisions of Section 7, Rule 112 of the 1985 Rules on Criminal Procedure, as
amended, in cases cognizable by the Regional Trial Court;
b. the full name and alias, if any, and address of the accused;
c. the place where the accused is actually detained;
d. the full names and addresses of the complainant and witnesses;
e. a detailed description of the recovered item, if any;
f. the full name and address of the evidence custodian;
g. the age and date of birth of the complainant or the accused, if eighteen (19)years
of age or below; and
h. the full names and addresses of the parents, custodians or guardians of the minor
complainant or accused, as the case may be.
SEC. 15. Absence of probable cause —If the Inquest Officer finds no probable cause, he shall:
a. recommend the release of the arrested or detained person;
b. note down his disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forthwith forward the record of the case to the City or Provincial Prosecutor for
appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or detained person
is approved, the order of release shall be served on the officer having custody of the said
detainee. Should the City or Provincial Prosecutor disapprove the recommendation of release,
the arrested or detained person shall remain under custody, and the correspond-ing
complaint/information shall be filed by the City or Provincial Prosecutor or by any Assistant
Prosecutor to whom the case may be assigned.
SEC. 16. Presence at the crime scene —Whenever a dead body is found and there is reason to
believe that the death resulted from foul play, or from the unlawful acts or omissions of other
persons and such fact has been brought to his attention, the Inquest Officer shall:
a. forthwith proceed to the crime scene or place of discovery of the dead person;
b. cause an immediate autopsy to be conducted by the appropriate medico-legal
officer in the locality or the PNP medico-legal division or the NBI medico-legal office,
as the case may be;
c. direct the police investigator to cause the taking of photographs of the crime scene
or place of discovery of the dead body;
d. supervise the investigation to be conducted by the police authorities as well as the
recovery of all articles and pieces of evidence found thereat and see to it that the
same are safeguarded and the chain of the custody thereof properly recorded; and
 e. submit a written report of his finding to the City or Provincial Prosecutor for
appropriate action.
SEC. 17. Sandiganbayan cases —Should any complaint cognizable by the Sandiganbayan be
referred to an Inquest Officer for investigation, the latter shall, after conducting the
corresponding inquest proceeding, forthwith forward the complete record to the City or
Provincial Prosecutor for appropriate action.
DOJ Circular No. 70 (July 3, 2000)
SUBJECT: 2000 NPS RULE ON APPEAL
In the interest of expeditious and efficient administration of justice and in line with recent
jurisprudence, the following Rule governing appeals from resolutions of prosecutors in the
National Prosecution Service, to be known as the 2000 NPS Rule on Appeal, is hereby adopted.
SECTION 1. Scope. - This Rule shall apply to appeals from resolutions of the Chief State
Prosecutor, Regional State Prosecutors and Provincial/City Prosecutors in cases subject of
preliminary investigation/ reinvestigation.
SECTION 2. Where to appeal. An appeal may be brought to the Secretary of Justice within the
period and in the manner herein provided.
SECTION 3. Period to appeal. The appeal shall be taken within fifteen (15) days from receipt of
the resolution, or of the denial of the motion for reconsideration/reinvestigation if one has
been filed within fifteen (15) days from receipt of the assailed resolution. Only one motion for
reconsideration shall be allowed.
SECTION 4. How appeal taken. An aggrieved party may appeal by filing a verified petition for
review with the Office of the Secretary, Department of Justice, and by furnishing copies thereof
to the adverse party and the Prosecution Office issuing the appealed resolution.
SECTION 5. Contents of petition. - The petition shall contain or state: (a) the names and
addresses of the parties; (b) the Investigation Slip number (I.S. No.) and criminal case number,
if any, and title of the case, including the offense charged in the complaint; (c) the venue of the
preliminary investigation; (d) the specific material dates showing that it was filed on time; (e)
a clear and concise statement of the facts, the assignment of errors, and the reasons or
arguments relied upon for the allowance of the appeal; and (f) proof of service of a copy of the
petition to the adverse party and the Prosecution Office concerned.
The petition shall be accompanied by legible duplicate original or certified true copy of the
resolution appealed from together with legible true copies of the complaint, affidavits/sworn
statements and other evidence submitted by the parties during the preliminary investigation/
reinvestigation.
If an information has been filed in court pursuant to the appealed resolution, a copy of the
motion to defer proceedings filed in court must also accompany the petition. The
investigating/reviewing/approving prosecutor shall not be impleaded as party respondent in
the petition. The party taking the appeal shall be referred to in the petition as either
"Complainant-Appellant" or "Respondent- Appellant".
SECTION 6. Effect of failure to comply with requirements. The failure of the petitioner to
comply with any of the foregoing requirements shall constitute sufficient ground for the
dismissal of the petition.
SECTION 7. Action on the petition. The Secretary of Justice may dismiss the petition outright if
he finds the same to be patently without merit or manifestly intended for delay, or when the
issues raised therein are too unsubstantial to require consideration. If an information has been
filed in court pursuant to the appealed resolution, the petition shall not be given due course if
the accused had already been arraigned. Any arraignment made after the filing of the petition
shall not bar the Secretary of Justice from exercising his power of review.
SECTION 8. Comment. Within a non-extendible period of fifteen (15) days from receipt of a
copy of the petition, the adverse party may file a verified comment, indicating therein the date
of such receipt and submitting proof of service of his comment to the petitioner and the
Prosecution Office concerned. Except when directed by the Secretary of Justice, the
investigating/reviewing/approving prosecutor need not submit any comment.
If no comment is filed within the prescribed period, the appeal shall be resolved on the basis
of the petition.
SECTION 9. Effect of the appeal. Unless the Secretary of Justice directs otherwise, the appeal
shall not hold the filing of the corresponding information in court on the basis of the finding of
probable cause in the appealed resolution.
The appellant and the trial prosecutor shall see to it that, pending resolution of the appeal, the
proceedings in court are held in abeyance.
SECTION 10. Withdrawal of appeal. Notwithstanding the perfection of the appeal, the
petitioner may withdraw the same at any time before it is finally resolved, in which case the
appealed resolution shall stand as though no appeal has been taken.
SECTION 11. Reinvestigation. If the Secretary of Justice finds it necessary to reinvestigate the
case, the reinvestigation shall be held by the investigating prosecutor, unless, for compelling
reasons, another prosecutor is designated to conduct the same.
SECTION 12. Disposition of the appeal. The Secretary may reverse, affirm or modify the
appealed resolution. He may, motu proprio or upon motion, dismiss the petition for review on
any of the following grounds:
• That the petition was filed beyond the period prescribed in Section 3 hereof;
• That the procedure or any of the requirements herein provided has not been
complied with;
• That there is no showing of any reversible error;
• That the appealed resolution is interlocutory in nature, except when it suspends the
proceedings based on the alleged existence of a prejudicial question;
• That the accused had already been arraigned when the appeal was taken;
 • That the offense has already prescribed; and
• That other legal or factual grounds exist to warrant a dismissal.
SECTION 13. Motion for reconsideration. The aggrieved party may file a motion for
reconsideration within a non-extendible period of ten (10) days from receipt of the resolution
on appeal, furnishing the adverse party and the Prosecution Office concerned with copies
thereof and submitting proof of such service. No second or further motion for reconsideration
shall be entertained.
SECTION 14. Repealing clause. This Circular supersedes Department Order No. 223 dated June
30, 1993 and all other Department issuances inconsistent herewith.
SECTION 15. Effectivity. This Circular shall be published once in two (2) newspapers of general
circulation, after which it shall take effect on September 1, 2000.
DOJ Circular No. 70-A (July 10, 2010)
SUBJECT: DELEGATION OF AUTHORITY TO REGIONAL STATE PROSECUTORS TO RESOLVE
APPEALS IN CERTAIN CASES
In order to expedite the disposition of appealed cases governed by Department Circular No.
70 dated July 3, 2000 ("2000 NPS RULE ON APPEAL"), all petitions for review of resolutions of
Provincial/City Prosecutors in cases cognizable by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts, except in the National Capital Region, shall be
filed with the Regional State Prosecutor concerned who shall resolve such petitions with
finality in accordance with the pertinent rules prescribed in the said Department Circular.
The foregoing delegation of authority notwithstanding, the Secretary of Justice may, pursuant
to his power of supervision and control over the entire National Prosecution Service and in the
interest of justice, review the resolutions of the Regional State Prosecutors in appealed cases.
This Circular shall be published once in two (2) newspapers of general circulation, after which
it shall take effect on September 1, 2000.
DOJ Circular No. 18 (March 8, 2017)
TO: ALL CONCERNED
SUBJECT: RULE ON ELECTRONIC FILING OF PETITIONS FOR REVIEW
In the interest of the service, pursuant to provisions of existing laws, in order to promote the
expeditious and efficient administration of justice, and in line with current trends of
procedure and advances in technology, the following Rule on Electronic Filing of Petitions for
Review is hereby ADOPTED and made an integral part of the 2000 NPS Rule on Appeal
governing appeals from resolutions of prosecutors in the National Prosecution Service.
Section 1. Scope. — This Rule shall apply to Petitions for Review filed before the Office of the
Secretary and the Offices of Regional Prosecutors, pursuant to Department Circular Nos. 70
and 70-A, s. 2000, as well as comments thereon, other documents filed therefor, and any
pleadings or motions thereafter.
Section 2. Electronic copies. — (a) All Petitions for Review filed pursuant to Section 1 hereof
shall have, in addition to its attachments, a compact disc (CD) containing a PDF file of the
Petition for Review and all its attachments. No petition shall be docketed and deemed filed
without the accompanying CD.
(b) The Petition for Review and each of its attachments shall be individually saved in PDF
format, text-based whenever possible. The filename of each shall be the same as the
document title, viz.
(c) The CD shall contain only the electronic documents pertaining to the Petition for Review
concerned. In the same manner, all electronic copies of the Petition and its attachments shall
be saved in one CD only. In case the total size of the PDF files exceeds the capacity of the CD,
the excess may be saved in another CD, provided, that the CD be appropriately marked and
follows the aforementioned format.
(d) Any discrepancy in the paper-based document and the electronic copy in the CD shall be a
ground for dismissal of the petition for review.
In the case of comments, other responsive pleadings and motions, the foregoing shall likewise
be required, otherwise, the same shall be deemed not filed.
Section 3. Paper-based filing. — In order to be responsible to the environment and to save on
paper, the petitioner shall file only the original of the Petition for Review with its required
attachments, and the respondent shall file only the original of his or her comment thereon.
No copy of any document, pleading or motion other than the original shall be received.
Petitions for Review and other documents filed in relation thereto shall be deemed to have
filed on the time and date of filing the paper-based document. All paper-based documents
shall be submitted in a long folder, secured with fasteners, and chronologically paginated from
bottom page upwards,
Non-compliance with this provision shall constitute a ground for the dismissal of the petition
for review. In the case of comments, other responsive pleadings and motions, the same shall
be deemed not filed.
Section 4. Declaration of Completeness. — A verified declaration that the pleadings or
motions and its annexes submitted electronically are complete and faithful electronic
reproductions of the paper-based documents and annexes shall be attached with the Petition
for Review. The declaration shall follow the foregoing format:
I, [name of petitioner], hereby declare that the
documents and annexes thereof hereto submitted
 electronically, in accordance with the RULE ON Section 7. Implementation. — The ODS and the Management Information System Division
ELECTRONIC FILING OF PETITIONS FOR REVIEW, are (MISD) shall design the process of filing in accordance with this Rule, as well as update the
complete and faithful electronic reproductions PRIS in compliance with this Circular.
thereof filed with the Department of Justice.

Signature SECTION 8. Separabi/ity Clause. — If any provision of this Circular is declared invalid or
Printed Name unconstitutional, the other provisions not affected thereby shall remain in full force and
Date effect.

SUBSCRIBED AND SWORN TO before me on this day of Section 9. Repealing Clause. - All provisions of existing issuances that are inconsistent with
20 affiant exhibiting his or her this Circular are hereby repealed/amended accordingly.
competent evidence of identity, to wit:
Section 10. Effectivity. — This Circular shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

Person Administering Oath

Doc. No.
Page No. _,
Book No. _,
Series of 20

The declaration shall likewise be saved in the CD in PDF format.

Non-compliance with this provision shall constitute a ground for the dismissal of the petition
for review. In the case of comments, other responsive pleadings and motions, the same shall
be deemed not filed.

Section 5. Dismissal for non-compliance with this Rule. — All requirements abovementioned
are MANDATORY and the non-compliance with any provision shall constitute a ground for the
dismissal of the petition for review. In the case of comments, other responsive pleadings and
motions, the same shall be deemed not filed.

Section 6. Duties of the OSEC Docket Section (ODS). — Upon receipt, the ODS shall indicate
on the top right corner of the first page of the document whether the same was personally
filed or received through registered mail or private courier (e.g. LBC).

Further, to ensure security, integrity and confidentiality of electronically submitted

documents, only the designated personnel in the ODS shall have authority to access and open
the files in the CD.

The designated personnel shall attach and upload the electronic documents into the Petition
for Review Information System (PRIS) under the catalogue for the appealed case concerned.