Académique Documents
Professionnel Documents
Culture Documents
CRIMINAL PROCEDURE
b) all other offenses- by filing the complaint or information directly with the MTC and MCTC, or the
complaint with the office of the prosecutor. (Manila and other chartered cities, complaint shall be
filed with the office of the prosecutor unless otherwise provided in their charters)
GR: institution shall interrupt the running of the period of prescription of the offense charged.
Prescription is interrupted even if it is filed in a court without jurisdiction.
- no complaint/ petition/ action/ proceeding involving any matter within the authority of the lupon
shall be filed or instituted in any court or any other govt office for adjudication UNLESS there has
been a confrontation between the parties before the Lupon chair OR pangkat.
- no conciliation or settlement shall be reached without the certification of the Lupon secretary or
pangkat secretary as attested by Lupon chairman or Pangkat chairman OR UNLESS settlement has
been repudiated by the parties thereto.
pg. 1
- Indigenous Cultural Communities (ICC) / Indegenous People (IP)
conciliation among indigenous cultural communities shall be applied in settling disputes between
them. ( commonly accepted justice system).
The National Commission on ICCs/IPs shall have jurisdiction over ALL claims and disputes involving
them provided that all remedies in their community have been exhausted before going to the
commission.
-GR:
Subject matter of amicable settlement:
a) parties actually residing in the same city or municipality.
b) agreed upon
c) court in non-criminal cases though not falling under the authority of lupon, may at any time
before trial, motu proprio, refer the case to the lupon concerned for amicable settlement.
EXPs:
Section 3: Complaint
Complaint:
A sworn written statement charging a person with an offense, subscribed by the offended party, any
peace officer, or other public officer charged with the enforcement of law violated.
pg. 2
- Provincial fiscal is not among the 3. Information filed by him cannot be considered as a
complaint.
- “offended party”- person actually injured and whose feeling is offended/ a party to whom the
offender is civilly liable.
- Widow may be considered as offended party for the murder of her husband.
- In bigamy, both the 1st and 2nd sps may be offended parties.
- The right to commence criminal prosecution is confined to representatives of the govt and
persons injured. ( if not by them- dismissed)
- But one who is not an offended party may file complaint for PI. EXP: crime which cannot be
prosecuted de oficio.
A complaint filed with the fiscal prior to a judicial action may be filed by any person.
A criminal action cannot be instituted against a juridical person.
To subscribe and swear a criminal complaint is NOT A MINITERIAL DUTY. Absent such- does
not invalidate the complaint UNLESS it is a private offense.
Right to file complaint is personal and abated by death.
GR: criminal prosecution MAY NOT BE restrained or stayed by preliminary or final injunction.
Ratio: public interest
EXPS:
a) To afford adequate protection to the constitutional right of the accused
b) When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
c) When there is a prejudicial question
d) When the acts of the officer are without or in excess of authority
e) Prosecution in under an invalid law, ordinance or regulation
f) Double jeopardy is clearly apparent
g) Court has no jurisdiction over the offense
h) It is a case of persecution rather than prosecution
i) Charges are manifestly false and motivated by lust or vengeance
j) When there is clearly no prima facie case against the accused and a motion to quash on
that ground has been denied
k) PI has been issued by the SC to prevent the threatened unlawful arrest of petitioners.
Section 4: Information
Information:
Accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with
the court.
Complaint Information
Executed by a private party Prosecutor
Supported by oath of complainant Subscribed by prosecutor
Need no necessarily be filed in court Filed with court ( otherwise it is not an information)
pg. 3
An information not properly signed cannot be cured by silence, acquiescence, or even by express
consent
EXP:
There is an unmistakable showing of grave abuse of discretion that will justify judicial intrusion
into the precincts of the executive.
-Remedy:
a) Motion for inclusion; THEN
b) Mandamus;OR
appeal fiscal’s decision to the ministry of justice and/ ask for a special prosecutor.
- appreciation of evidence is upon fiscal’s sound discretion but the same may be reversed or set
aside by the Sec of Justice or in special cases by the President.
2. Manner or prosecution
3. Right of prosecution to withdraw information BEFORE arraignment even without notice and
hearing. There must be leave of court after prior notice and hearing.
Full control of fiscal ENDS with the filing of the information in court. Jurisdiction is vested with
the court. “ adherence to jurisdiction”.
Fiscal may file a motion to dismiss a case filed in court but the decision is up to the court. It does
not matter if this is done before or after arraignment of the accused or that the motion was filed
after a reinvestigation or upon instruction of the Sec Justice who reviewed the records of
investigation.
Control by Court AFTER information is filed in court
pg. 4
1. Suspension of arraignment
Hypo: (Dimatulac vs Villon)
Facts:
a) accused charged with murder
b) MTC found probable cause for murder and issued warrant
c) records forwarded to Prov Fiscal
d) without being arrested, Prov Fiscal reinvestigated and found na “homicide” lang
e) offended appealed to sec of justice
f) despite appeal, fiscal filed info in court for homicide
g) arraigned and posted bail
h) then sec of justice found for murder, but withdrew recomm upon finding that he was already
arraigned.
Issue: WON fiscal or judge gravely abused discretion by proceeding to arraignment despite the
appeal to the Sec Justice?
Held: court should have suspended the arraignment and awaited the resolution on the petition.
Otherwise, arraignment be set aside, and info amended if DOJ finds that proper infor shoule be
murder.
2. reinvestigation
After court has obtained jurisdiction
Motion for reinvestigation should, after the court has acquired jurisdiction, be addressed to the trial
judge alone. Neither the secretary of justice, state prosecutor, fiscal may interfere. If fiscal finds it
proper that reinvestigation be done, court’s approval must be obtained.
3. prosecution by fiscal
4. dismissal
But any move on the part of complainant or offended party to dismiss the case (even without
accused’s objection) should first be referred to the fiscal for his own view of the matter.
5. downgrading offense or dropping of accused even before plea
Limitations on Control by court
Parameters of court’s control: where judge granted motion for reinvestigation and directed the fiscal
to conduct it, the court is deemed to have deferred to the prosecution arm of the govt. thus, court
should wait for a final resolution before acting on it.
the result of the above reinvestigation is now be the sole and only valid basis of the judge’s final
action. Judge should then proceed with arraignment, pretrial then trial.
1. Prosecution entitled to notice of hearing
2. court must await result of petition for review
3.prosecutions stand to maintain prosecution should be respected by court
- “under his direction and control” -Fiscal may be compelled to prosecute cases already filed- he
must not leave the prosecution in the hands of a private prosecutor SINCE an offense is an
outrage to the sovereignty of the State.
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 5
- this supervision and control extends to the civil liability instituted with the criminal action if
it was not filed separately, reserved, or there is no private prosecutor who intervened.
4. ultimate test of court’s independence is where fiscal filed motion to dismiss or withdraw info.
5. court has authority to review DOJ secretary’s recomm and reject it if there is grave abuse of
discretion.
- resolution of DOJ sec may be appealed to the office of the President (if offenses punishable by
death/ reclusion perpetua)
6. to reject or grant a motion to dismiss, court must make own independent assessment of evidence.
OTHERWISE, judgment is void.
Crimes that may be prosecuted upon complaint of the Offended party: 3 categories
1) crimes of adultery and concubinage
2) offenses of seduction, abduction, or acts of lasciviousness
3) criminal actions for defamation which consist in the imputation of the offenses of
seduction, abduction, or acts of lasciviousness
Rape is now a crime against persons and thus may be prosecuted even without a complaint filed by
the offended party.
Private Crimes:
-felonies which cannot be prosecuted except upon sworn written complaint filed by the aggrieved
party is misleading. State may prosecute also.
- it is true that the institution of private crimes is at the option of aggrieved party. But once that
choice is made manifest, the law will be applied in full force and in spite of the complainant, his
death notwithstanding.
- it is the sworn written complaint that starts the prosecutory proceeding IT IS NOT what vest
jurisdiction in the court.
Purpose: consideration for the offended women and her family who might prefer to suffer the
outrage in silence rather than go through with the scandal of a public trial.
If offended spouse if of age, the right to file the complaint is exclusive and successive.
Death of complainant during pendency of case does not extinguish criminal liability.
Death of complainant before filing of case in court, is not sufficient justification for dismissal of
the information, since complaint has been filed with the fiscal and the desire of the offended party
to prosecute is evident.
Lack of sworn written complaint is sufficiently cured by filing a verified statement before court.
Need not move for a motion to quash the information and dismiss the case.
Complaint filed by offended party in inferior court is sufficient she need not subscribe the
information. Jurisdiction is conferred by law and not by the complaint or information.
pg. 6
It is not necessary for the complainant to sign and verify the information filed by the fiscal. The
complaint adopted by the fiscal and attached to and made part of the corresponding information
filed after investigation is sufficient.
2. Seduction/ Abduction/ Acts of Lasciviousness
- Who can file: offended party, her parents/ guardian ( in the order in which they are named).
Prosecution may be conducted by the fiscal on the basis of the complaint filed in the inferior court.
There is no need to file information.
Roc does not require that information filed by fiscal be signed by offended party.
- Example:
Complaint: forcible abduction
Information filed by fiscal: rape
Thus, in as much as rape is distinct from forcible abduction, said complaint COULD NOT BE
THE BASIS for the court to acquire jurisdiction over the crime actually committed.
Absent complaint by offended party: corrected without sustaining a motion to quash and dismissal
of the case. Remedy: verified statement of offended filed in court.
Imputing prostitution does not indicate adulterous act and can be prosecuted de officio.
Death of offended party in cases of libel or defamation does not extinguish criminal liability.
pg. 7
Elements of the crime must be alleged to enable the accuse to suitably prepared his defense.
Matter of evidence, as distinguished by facts essential to the description of the offense, need not be
averred. It is a matter of evidence in trial.
Reasonable certainty in the statement of the crime suffices. As long as accused is enabled to
intelligently prepare his defense.
Conviction or acquittal under a fatally defective info for want of certain essential allegation is not
necessarily void WHEN NO OBJECTION appears to have been raised at the trial AND fatal defect
could have been supplied by competent evidence.
Character of the crime is not determined by the caption or preamble of the information nor from
the specification of the provision of law alleged to have been violated, as they may be conclusions
of law, but by the recital of the ultimate facts and circumstances in the complaint or information.
What is important is that the accused is not deprived of his constitutional right to be informed or
the nature of the crime against him.
Alleging Conspiracy:
a) as a crime:
-the act of conspiring and all the elements of said crime must be set forth in the complaint or
information.
- must set firth the facts and circumstances that have a bearing on the culpability and liability
of the accused so that the accused can prepare his defense.
The designation of the offense by the statute must be stated. But absent such, does not vitiate the
information if the facts alleged clearly recites the facts constituting the crime charged.
- The title of information or designation of the offense is not controlling. It is the facts recited
therein that is controlling.
- It is the province of the court alone to say what the crime is or what it is named. Even the
justice of peace during the PI has no authority.
- Allegations prevail over the designation of the offense in the information for conviction of
accused who may be convicted for a graver crime that that titled.
pg. 8
Verbal motion to correct spelling of name is sufficient.
If he did not raise the error in his name during the arraignment, but actively participated in the
trial, it is deemed a waiver of questioning his identity for the first time on appeal.
Section 8: Designation of offense
Section 9: Cause of Accusation
The rule being remedial and favorable to the accused may be applied retroactively.
Purpose: Essence of the constitutional right of the accused to be informed of the nature and cause
of the accusation against him is that EVERY ELEMENT of the offense must be alleged in the
complaint or information so as to enable the accused to suitable prepare his defense. He is
presumed to have no independent knowledge of the facts that constitute the offense”.
TEST : WON crime is described in intelligible terms with such particularity as to apprise the
accused, with reasonable certainty, of the offense charged.
For rape to be qualified as heinous, warranting the imposition of death penalty, the circumstances
of minority of the victim and her relationship with the offender must be BOTH alleged in the
information for rape.
Even if the information alleged that the victim is the natural daughter of the accused, where there
is a difference in their surname, the mere testimony of the victim that the accused is his father is
not sufficient to establish the qualifying circumstance of relationship, even is such relationship
was not denied by the accused.
Roc, now, merely require that the information allege, specify or enumerate the attendant
circumstances mentioned in the law to qualify the offense. These circumstances need not be
preceded by “aggravating/ qualifying/ etc” to be considered as such.
Effect of variance in mode of commission of crime: special qualifying circumstances that are
required to be specifically alleged in the information.
Real nature of the crime is -what control is not the designation but the description.
determined by the facts alleged in -thus although was called aggravating circumstances in the
the complaint or information and information for murder, the same will be considered as
NOT BY THE TITLE qualifying circumstances.
Essential elements inferred from GR: an inference in the complaint and conclusion can not be
allegation in the information allowed. ( eg. grave abuse of confidence)
Exp:
1. “ with intent to kill”- discernment of a minor can be
inferred.
2. “willful damage”- includes reckless imprudence
3. “unlawful taking and appropriation…”- intent to gain can be
inferred.
GR: “an accused may be EXP: An accused could not be convicted under one act when
convicted of a crime which is he is charged with a violation of another if the change from
more serious than that named in one statue to the other involves:
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 9
the title so long as the facts a) a change of the theory of the trial
alleged the more serious offense”. b) requires of the defendant a different defense
c) surprises the accused in anyway.
-Although initially defective, the criminal complaint was deemed corrected when prosecution
introduced evidence of the qualifying circumstances and the defense did not object, thereby waiving
the procedural defect.
-Waiver must not only be voluntary but must be knowing, intelligent, and done with sufficient
awareness of the relevant circumstances and likely consequences.
1. When information charges no offense at all. For an accused can not be convicted of an offense, even
if duly proven, unless it is alleged or necessarily included in the complaint or information.
2. Where the qualifying circumstance proved is different from the qualifying circumstance alleged in
the information.
3. Where it would result in more serious penalty. Thus, failure to allege a AC or QC, even if proved
without objection cannot be availed of to qualify or aggravate the offense charged.
4. Right to be arraigned can not be waived. There can be no trial in absentia without arraignment.
5. Where it would result in conviction for a more serious offense than the offense charged.
Habitual delinquency:
- Mere statement of HD is a conclusion of law. The information should specify the dates: a)
commission of previous crimes; b) last conviction or release; c) other previous conviction or
release of accused.
Qualifying circumstance of treachery must be specifically alleged and not merely deduced.
An exception need not be alleged. An exception to a general rule in a penal statute is not an
ingredient of an offense, it is a matter of defense which must be proved by accused if he relies
upon it.
pg. 10
IF the exception is so incorporated with the language defining THEN the statute must alled
the offense that the ingredients of the offense cannot accurately enough to show that the
and clearly described if the exception is omitted accused is not within the
exception.
Where the law distinguishes between two cases of violation of its provision, an information for
violation thereof must specify under which of the two cases the defendants stands accused of.
Robbery with homicide: failure to state in the information that the killing of the victim was
committed by reason of or on occasion of the robbery, does not bar conviction of accused of the
special complex crime of robbery with homicide.
Variance, however, on the date of commission of rape is irrelevant. Time is irrelevant in rape and
violation of the Dangerous Drugs Law.
An information for bigamy must stae the time and place of the second wedding.
pg. 11
Section 12: Name of the offended Party
Name of offended party
- If against person: Complaint or information must state name and surname/ appellation/
nickname/ fictitious name.
- If against property: property destroyed should be particularly described ( if name of offended is
unknown).
- When the offense shall have been described in the complaint with sufficient certainty as to
identify the act, an erroneous allegation as to the person injured shall be deemed immaterial as
the same is a mere formal defect which did not tend to prejudice any substantial right of the
defendant.
- Even if the names of the offended parties are not alleged, if the offense belongs to the class of
harmful ones (eg. illegal practice of medicine), the victims of petitioner should be considered as
offended parties.
- An erroneous allegation as to the person injured is of form which do not tend to prejudice any
substantial right of the accused on the merits.
- When name of the offended party is material (eg. libel), it must be stated.
- In robbery, ownership is not necessary.
- Damage inflicted in estafa need not fall on the same person against whom deceit was directed.
- Robbery with violence against or intimidation of person, the allegation of the owner’s name in
the information is essential.
- Omission of value in theft cases is not fatal.
- Information for murder is not defective where another’s name not the victim’s name is placed
in the information. It is merely clerical.
There is no duplicity when a single offense may be committed by the use of different means to
charge in the alternative, the various means by which the crime may have been committed.
Example: violation of the medical law ( illegal practice of medicine and illegally advertising
oneself as a doctor)
Single act violating 2 or more statutes. Limit: no person shall be twice put in jeopardy for
punishment for the same offense. In one case, no duplicity when prosecution charged each
petitioner with 4 offenses, with each information charging only one offense.
There is no duplicity in sum of all acts of falsification of cedulas, these facts did not charged more
than one offense.
pg. 12
A person is not charged by the number of counts or paragraphs, but by the specific criminal acts
regardless of their number contained in one paragraph or in one count. But proof of all the acts
included therein is necessary to prove the charge.
If a person is being charged with 4 specific acts under one count, and each constitutes a complete
act of treason by itself independently of the others, the failure of prosecution to prove all does not
entitle the accused to be acquitted of the whole count or of all the charges contained therein when
any one or more of the acts are proved.
Under Anti-Graft and Corrupt Practices Act, the use of the words “manifest partiality”, “evident
bad faith”, and “ gross inexcusable negligence”, does not mean that the indictment charges 3
distinct offenses.
Each incident of sexual intercourse and lascivious acts with a child (RA 7610) is a separate and
distinct offense.
Delito Continuado
- There should be plurality of acts performed during a period of time, unity of penal provision
violated, and unity of criminal intent or purpose, which means that 2 or more violations of the
same penal provisions are united in one and the same intent or resolution leading to the
perpetration of the same criminal purpose or aim.
- It appears that there are several crimes but in reality there is only one crime in the mind of the
perpetrator.
Complex crimes: allegations do not necessarily have to charge a complex crime as defined by law.
It is sufficient that the information contains allegations which state that one offense was a
necessary means to commit the other. Where component offenses are not alleged in the
information, it can not give rise to such complex crime.
Necessary means: complex crime
To conceal: separate crimes
When 7 persons committed rape with homicide in conspiracy, each one shall be separately charged
for rape with homicide.
pg. 13
Different criminal intents + committed under different modes of commission + perpetrated by
different acts + consummated on different occasions + caused different injury to different person
= charged as separate crimes.
Principle of absorption
Note in RA no. 8294 as amended by PD no. 1866, illegal possession of firearm is considered as an
AGGRAVATING CIRCUMSTANCE in the following ONLY:
a) murder/ homicide
b) rebellion
c) insurrection
d) sedition
e) attempted coup d’ etat
BUT there can be no separate offense of illegal possession of firearm IF there is another crime
committed. ( eg. illegal possession and violation of COMELEC gun ban)
Note: RA no. 8294 as amended by PD no. 1866 is favorable to accused. Thus, it is retroactive.
Reckless Imprudence:
Where damage to property with less physical injuries is caused by one single act, cannot be
complexed, must be separate information, BUT may be consolidated.
pg. 14
Court should state reasons for resolving motion with copies of
order to all parties ( make independent assessments)
pg. 15
the principal accused is concerned
Correction of name
- Amendment by substitution:
Mistake in charging proper offense, court shall dismiss original complaint and ask that a new
one be fled. Accused shall not be discharged but will be made to answer for the proper offense.
Applies when: accused can not be convicted of the offense charged or of any other offense
necessarily included therein.
Amendment vs Substitution
Amendment Substitution
Involves formal or substantial changes Substantial change
- Amend it -dismiss then file new one
Maybe made before of after arraignment Same
If made before arraignment: WITHOUT leave of If made before arraignment: WITH leave of
court court
Amendment as to form: no need for PI and re- Any substitution: needs PI and re-arraignment
arraignment to new information
Refers to: Refers to:
Same offense OR of any other offense Different and NOT necessarily included therein
necessarily included therein
Note that in substitution, the first charge shall only be dismissed UPON the filing of a new one.
There is no DJ.
Substitution only applies only where there is no judgment yet on the original case.
Limitation to substitution :
a) not judgment has been rendered yet
b) accused can not be convicted of the offense charged or of any other offense necessarily included
therein
c) accused would not be placed in double jeopardy
When title is wrong but the body of the information already charges the accused with the proper
one, substitution is not proper for it would amount to double jeopardy.
No DJ where withdrawal made before arraignment. Thus if substitution is made before
arraignment, no DJ.
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 16
When judge believes that instead of offense A, accused is guilty of offense B, he may not order that
it be dismissed it and order refilling. He must render decision as the evidence warrant.
All criminal prosecutions: instituted and tried in the court of the municipality of territory wherein
a) the crime was committed OR
b) where any one of the essential ingredient of the offense took place
c) if committed in a train, aircraft, public or private vehicle in the course of its trip, such places
where vehicle passes during such trip AND the place of arrival and departure
d) crime in violation of PD 532 ( anti piracy or anti- highway robbery law) committed in a jeep, it
may be in the places where vehicle passed during its trip AND the place of arrival and
departure.
e) committed in a vessel, proper court is where the first port of entry or any places which such
vessel passed through during its voyage.
f) Places whre action is to be instituted is subject to existing laws. ( eg, cases falling under the
juris of Sandiganbayan shall be instituted and tried only in such court).
g) Theft of large cattles- crime is triable only where the cattles were taken not where they were
taken since the crime has already been consummated in such place and place where it was
carried away is not an indispensible element of theft.
pg. 17
Crimes and their venue
Crime Comments:
Adultery Essential Requisite of Continuous Crime: Adultery
a) there should be a plurality of acts performed separately during a period
of time,
b) unity of penal provision infringed upon or violation,
c) and unity of criminal intent or purpose ( meaning: 2 or more violations
of the same penal provision are united in one and the same intent leadin to
the perpetration of the same criminal purpose or aim)
-adultery is not a continuing offense. The last element missing because the
culprits perpetrate the crime in every sexual intercourse and they need not do
another or other adulterous act to consummate it.
Bigamy In bigamy, place where first marriage was celebrated is immaterial. What is
important only is that the first marriage subsists when the second marriage
was celebrated. It is the place where the second marriage was celebrated that
must be stated because it is where all the elements were settled
Estafa Venue for estafa:
- Estafa is a continuing or transitory offense which may be prosecuted at
the place where any of the essential elements of the crime took place.
- Eg. to remit in Manila, collect in Iloilo- may be tried in manila or Iloilo.
- Estafa by issuing a bouncing check: venue of the offense lies at the place
where the check was executed and delivered to the payee. Because if
check is undelivered is inoperative. It is the delivery of check that
signifies the transfer of possession.
- Estafa by railroad conductor- jurisdiction is vester in the court where
accused made use of the document alleged to be false.
Note: crime of estafa and violation of bp22 are separate offenses. The mere
fact that court has jurisdiction over estafa case does not mean that it also has
jurisdiction over Bp22 case.
Estafa- deceit and damage are essential
Bp22- not essential or required.
pg. 18
c) offended is a public officer whose office is in Manila at the time of the
commission of the offense- RTC Manila
d) offended party is a public officer holding office outside manila- RTC where
he held office at the time of the commission of the offense.
Crimes on board Ph law follows English Rule: such crimes are in general triable in the court of
foreign merchant the country within whose territory they are committed.
ships within the
territorial limits Eg.
opium on a ship in transit- ph court has no jurisdiction
opium on ship landed on ph land- ph has jurisdiction
when the exact place where the crimes was committed is unknown and the
strong presumption arises at the trial that it was committed on board a ship
navigating within the water included in the Ph archipelago, Ph court has
jurisdiction ( at one of whose ports the ship or vessel arrives) .
Crimes Governed by Article 2, RPC.
committed Cognizable by the proper court in which the charge is first filed.
outside of the
Philippines
Necessary jurisdiction: as the crime was committed within 2 and a half miles of the city limits, the
courts has necessary jurisdiction. ( eg homicide was committed near manila city, CFI manila has
jurisdiction)
Trial of a prisoner should be made within the penitentiary. If brought out needs SC permission.
GR: Offended may personally intervene OR through a counsel ( who will act as a private
prosecutor) thus, his presence is not out tolerance only.
- When he decides to intervene- he is always subject to the direction and control of the
prosecuting official.
Right of notice to offended: he is entitled to be notified and heard on motions filed in the criminal
proceedings especially when there is a conflict in the positions between the public prosecutor and
of the offended party.
pg. 19
Govt or any of its instrumentalities, subdivisions, or agencies can be the offended party.
Right to file motion for revival of case is not with the witnesses even the complaining witnesses.
Thus motion filed by them should be summarily dismissed. Their only function is to testify. Case is
now under the control of the fiscal.
- In cases of negligence, the offended has the choice between an action to enforce civil liability
arising from crime under the RPC and an action for quasi-delict under the NCC.
Principle allowing separate civil actions is not allowed in violations of BP Blg. 22.
- Ratio: declog court dockets because courts are used by creditors as debt collectors.
Note:
a) violation of Bp22- criminal case- punish violator > thus, may not file separate civil case
b) violation of Bp22- compromise agreement- violated- breach of contract- > thus, may institute
separate civil case ( for collection of money)
- However, private complainant cannot be deprived of the right to intervene to protect his
interests in the criminal action.
pg. 20
PD 1606: Proceeding before the Sandiganbayan, civil and criminal liability shall AT ALL TIMES be
deemed jointly instituted. No right of reservation. Any separate civil action already filed, shall be
transferred to Sandiganbayan ang consolidated. Provided, the Sandiganbayan has jurisdiction.
Failure to allege damages in the complaint or information- no legal consequence. Civil liability is
deemed instituted.
Reservation:
- When made: BEFORE the prosecution starts to present its evidence AND under the
circumstances affording the offended a reasonable opportunity to make such reservation.
-ratio: to give time and opportunity to offended to make reservation.
Effect of reservation:
Prescription of action does not prescribe for the civil action that have been reserved in the
criminal action.
GR: civil action which has been reserved can not be instituted until final judgment has been
rendered in the criminal case
Exp: Art 32, 33,34, and 2176 of the NCC.
Note: they may be consolidated with crim action but subject to jurisdictional constraints and
court consolidating them has jurisdiction on both.
Waiver:
Civil liability arising from a crime may be waived
A criminal case is not the proper proceeding to determine the private complainant’s civil
liability to accused, if any.
- thus, any cross claim, 3rd party complaint by accused can be filed. It should be subject
to a separate action.
Example:
A filed case against B for libel.
B files malicious imputation against A.
Both cases should be separate.
pg. 21
Separate action by accused:
Accused may file a separate civil action based on quasi delict arising from the same
incident and may proceed simultaneously and independently of the criminal case
against him.
Limitation:
When the contract that is the source Can notoffile an independent action.
accused coa to file a separate action is a Thus a contract entered into that is
illegal contract manifestly and grossly disadvantageous to
-Since it is illegal it cannot create any valid the govt is declared to be unlawful.
obligation. Thus Sandiganbayan should first determine
is the contract is illegal or legal before the
action of accused can proceed.
When the civil action is cased on a The action can proceed independently.
contract that can remain valid even if its
violation may constitute a crime
Subsidiary Liability
Rule: subsidiary liability of the employer, inlucing the amounts, may be determined in the same
criminal proceeding and is reviewable either by writ of error or through a petition for review on
certiorari on pure questions of law.
Such an appeal is governed by the rules on criminal procedure since it is a CONTINUATION of
the civil proceedings in the same case.
Provided: that a criminal action is instituted and the subsidiary liability of the employer is
proved.
Any judgment ( even amounts) on the subsidiary liability of the employer is conclusive upon
the employer and no appeal by the employer can be had.
But employer must be afforded due process to prove:
a) existence of an er-ee relp
b) er is engaged in some kind of agency
c) ee is adjudge guilty of the wrongful act and found to have been committed the offense in the
discharge of his duties ( not necessarily any offense he may commit)
d) that said employee is insolvent
Filing Fees
-filing fees in estafa cases shall be paid within 15 days following the filing of the information that
the civil liability arising from the crime has been or would be separately prosecuted.
pg. 22
Civil action contemplated here: that arising from a crime. One which can not be instituted until the
final judgment in the criminal action OR when instituted needs to be suspended.
No suspension if civil action does not arise from the crime
What is suspended is those civil liability arising from delict and NOT SUSPENSION for civil action
based on quasi-delict OR culpa aquiliana (negligence).
Consolidation
Facts:
1.A filed for specific performance to compel the B to deliver title of lot to him that was paid for.
2. later A filed a criminal action against B fro violation of a special penal law.
3. A moved for consolidation. TC granted. CA reversed. SC affirmed TC.
Issue: Q: may consolidation of civ with the crim be allowed where the civ is not to enforce civil
liability arising from a crime?
-It is the duty of court to award civil liability unless there is a finding in the penal action that the
act or omission from which the civil liability may arise did not exist.
failure to do such: may be compelled by mandamus and the case be remanded to lower court to
determine the civ liability.
acquittal in crim case does not bar continuation of the civil case connected therewith where:
a) acquittal is based on reasonable doubt (exception, finding of no negligence: thus bars
civil liability)
b) the decision contains a declaration that the liability of the accused is not criminal but
only civil
c) civil liability is not derived from or based on the criminal act of which the accused is
acquitted.
Does not deprived plaintiff to file civil action. Insufficiency of evidence to support a criminal case
DOES NOT IMPLY that there is no sufficient evidence to support the civil case based on the same
alleged act. Such civil action may be supported by preponderance of evidence. UPON the
defendant’s motion, the court may require plaintiff to file a bond to indemnify the defendant in
case the complaint should be found to be malicious.
pg. 23
Kinds of Acquittal under criminal proceeding
1. Acquittal on the ground that the accused is not the author of the act or omission complained of.
- no civil action because accused has no fault.
pg. 24
Prejudicial question: involves a similar issue in a civil action which was pending when the criminal
action was instituted or before the amendment, in a civil action filed after the institution of the
criminal action.
It is based on a fact distinct and separate from the crime but SO INTIMATELY CONNECTED
with it that it determines the guilt of innocence of the accused.
Existence of PQ must be alleged in a crim case so as to suspend it.
Cases: Comment:
Civil case Criminal case Q: is the civ case determinable of the
guilt ot innocence of the accused?
action for nullity of deed of Estafa based on execution Prejudicial question.
sale based on the ground that of said sale -If said DOC is void: no double sale,
it is forgery and spurious. thus accused is free from estafa case.
Intestate proceeding
Theft of crops by a person NOT PQ
(partition) claiming to have a valid -If said partition is annulled or not, it
contract of lease from legal will not be determinative of criminal
owner against person liability.
claiming co-ownership of
the land leased whose claim
is pending said intestate
proceeding.
Ejectment Theft filed by a lessee NOT PQ
against a person claiming -not be determinative of criminal
co-ownership with the liability.
lessor
Civil action for accounting 75 counts of estafa NOT PQ
and recovery of sum of money -not be determinative of criminal
liability.
Annulment of DOS Estafa for issuance of -even if DOS is annulled the obli to pay
rubber check ( pursuant to subsists at the time it was presented
said DOS) and dishonored.
Collection of sum of money Embezzlement NOT PQ
allegedly embezzled -Both cases have diff issues. In the
Civ case: right to recover money
Crim case: failure to account
-Independent civ action under art 33,
NCC
Annulment of second bigamy PQ
marriage filed by husband ( -Determinative of guilt
ground: involuntary) If annulled bec involuntary: not guilty
of bigamy
If not annulled: guilty of bigamy
Annulment of second bigamy NOT PQ
marriage filed by 1st and 2nd -It was the man who was forced into it.
wife by reason of force/ He was the one who was formerly
intimidation upon her married and contracted a second one.
Annulment of marriage on Concubinage/ bigamy NOT PQ
ground of psychological -because when one contracts another
incapacity marriage BEFORE the judicial
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 25
declaration of nullity of 1st marriage, is
guilty of bigamy.
- bigamy already consummated.
Action involving title to Criminal action for PQ
property damages to said property
IF it is a criminal case THEN Admin case NOT PQ
IF it is a civil case THEN Admin case May be PQ
IF it is a Admin case Then Civil case
Action to cancel copyright Infringement NOT PQ
Action prejudicial theft NOT PQ
Authenticity of motion to Falsification charge in the PQ
withdraw in the CA CFI
Cadastral Falsification of affidavit PQ
presented in a cadastral
case
Civil action instituted to Anti graft law (premised on PQ
resolves won the designations accused’s partiality and
of certain persons as sectoral evident bad faith in not
reps were in accordance with paying the former’s salaries
law as sectoral representatives
Scope: determine only if a crime has been committed AND won there is a probable cause to believe
that the accused IS GUILTY THEREOF.
Right to PI is fundamental and substantive right. It may be expressly and impliedly waived. It
belongs rightly to the accused, he alone may waive it. Absent such, denial of due process.
Pi is not part of the trial. The validity of merits of defense or accusation AND admissibility of
testimonies and evidences are better ventilated in the trial not in the PI.
Right may be waived: by failure to invoke the right PRIOR TO or AT LEAST at the time of
ARRAIGNMENT. Thus, it may not be raised after arraignment and for the first time on appeal.
pg. 26
When properly invoked, no waiver. Right is not waived even if applied for bail as long as he had
been asking for it since before the arraignment.
Presumption of regularity: in the absence of proof to the contrary, court shall presume that officer
or fiscal conducted PI in accordance with law.
GR: after PI and case dismissed, the fiscal cannot file another information based on same PI. He
must conduct another PI.
If PI is null and void on it’s face for lack of authority to file the same, a new PI is needed.
NO right to PI:
When under section7, rule 112 when a person is lawfully arrested UNLESS there is waiver of
the provisions of ART 125, RPC.
Office of solicitor general is empowered to file and prosecute all cases investigated by it.
PCGG shall file before the Sandiganbayan ( ill gotten wealth and anti graft and corrupt
practices cases assigned by the Ph President)
General power of investigation consists of 2 stages:
a) criminal investigation: fact finding inquiry conducted by law enforcement agents, whereby
they gather evidence and interview witnesses and afterwards asses the evidence so that, if they
find sufficient basis, they can file a complaint for the purpose of PI.
b) Preliminary investigation: to ascertain if there is sufficient evidence to bring a person to
trial.
pg. 27
If PCGG conducts a, it can not conduct b. It is not allowed that person who conducted the
criminal investigation be the one to conduct pi. One cannot be the prosecutor and judge at the
same time.
e.3) Ombudsman over Sandiganbayan cases and regular court cases criminally prosecuting
public officers and employees IN RELATION TO THEIR TO THEIR OFFICE.
-ombudsman ‘s power over sandiganbayan cases:
power to investigate-exclusive authority
power to file – needs ombudsman’s approval before filed
power to prosecute- exclusive authority
- PI conducted by the ombudsman need not strictly follow Rule 112
-Ombudsman has full discretion as to won file the case before the Sandiganbayan. Regular
court’s may not interfere with it. No injunction may be enforced against Ombudsman
UNLESS outside jurisdiction.
- NO court shall hear any appeal or application for remedy against Ombudsman decision
except the SC, on pure questions of law.
-Remedy: certiorari with the SC, NOT with CA.
-But after it is filed with SB, it is the latter that has full control over the case.
Ombudsman Tanodbayan
- authority is plenary and unqualified -merely a component of the office of the
- may delegate investigatory function to ombudsman
tanodbayan - acts under its supervision
- PI and prosecute: limited to
sandiganbayan cases
-authority is limited
-may not delegate
- not authorize to file unless authorized by
ombudsman
2. Civil Forfeiture
- may be instituted by RP through ALM Council represented by OSG.
-venue: RTC having jurisdiction
pg. 28
Section 3: Procedure
1st
To be filed:
a) Complaint should state address of respondent, accompanied by affidavits of the complaint and his
witness and other supporting documents to establish probable cause.
b) Copies: as much as there are respoendent PLUS 2 for official file.
c) Affidavits shall be subscribed and sworn before any prosecutor or government authorized to
administer oath, or notary public,
-officer to whom affids are sworn must: personally examine the affiants and should be satisfied
that they voluntarily executed and understood their affidavits.
Clarificatory Hearing:
-Investigating officer may set a hearing if there are facts and issues to be clarified.
-Parties can be present at the hearing BUT without right to examine or cross-examine. BUT they may submit
to the investigating officer questions which may be asked to the party or witness concerned.
- hearing shall be held within 10 days from submission of affids and documents of expiration of 10 days to
submit the same.
-terminated in 5 days
pg. 29
The proceedings are considered as judicial in nature and not a quasi-judicial proceeding.
DOJ is not a quasi-judicial agency and is not exercising a quasi-judicial function when it reviews
the findings of public prosecutors regarding presence of probable cause.
Thus, its findings are not appealable to CA under Rule 43. The same is appealable to the office
of the president.
GR: RTC judges no longer have authority to conduct PI since it is not a judicial function but
executive (prosecutor). But they may still conduct a PI for issuance of a warrant of arrest or search
warrant.
Exp: irregularity amounting to lack of PI or no PI at all, TC may conduct its own.
RTC judge Preliminary To issue warrant (arrest/search)
Investigation -Not subject to judicial review except in the regular course of
appeal.
- finding of PP is not binding upon RJ bec different purpose.
- it is not necessary for the RJ to examine all records of the
PI in determining the Probable cause.
Public prosecutor To file information or not
If accused does not have counsel during PI- irregularity amounting to lack of PI. Thus, must be
raised before trial. When raised, TC will not dismiss info but will conduct its own PI or require
fiscal to conduct it.
- Absence/ irregularity of PI is not a ground for motion to quash information.
pg. 30
Court is entitled to discovery procedure during PI. BUT the same is dispensable.
The preliminary designation in the offense is only directive of the true nature of the offense
charged.
PI ex parte.
Presence of the accused in the PI is not mandatory. What is important is that efforts were
made to reach him.
However, accused is still entitled to be notified of the proceedings.
Absent notification- irregular PI.
PI must be COMPLETED
Motion for reconsideration/ reinvestigation
Filed by a accused in an irregular PI before the information is filed in court.
If info already filed in court, motion shall not be entertained EXCEPT when the court orders
otherwise.
Under Military law, PI is governed by the Articles of war. Charges and specifications must be
signed by a person subject to military law, and under oath either that he has personal knowledge
of, or has investigated the matters set forth therein and that the same are true in fact, to the best of
his knowledge and belief.
pg. 31
Section 4: Resolution of investigating prosecutor and its review
2nd
pg. 32
Right of party to APPEAL: Upon petition (petition by review) by proper party: the DOJ sec
reverses or modifies the resolution of the Provincial or city prosecutor, chief state prosecutor OR
ombudsman or deputy, he shall:
a) direct prosecutor concerned to file the info without a new PI; OR
b) dismiss
c) move for dismissal of the info
-Note that “the arraignment shall be suspended but shall not exceed 60 days counted from the
filing of the pet for review” (sec 11, Rule 116) shall not apply as provided by DOJ circular 70.
the DOJ sec, as far as practicable, should refrain from entertaining a petition for review of
appeal from the action of the fiscal, when the complaint or information has already been filed
in court.
Once a petition for review is filed with the DOJ it is necessary that the RTC suspend its
proceedings (dismissal of the case and arraignment) until after the DOJ sec had resolved the
motion with finality, including consideration of the moition of the fiscal of a 2nd amended
information
However, one a motion to dismiss or withdraw information is filed in court, the judge may
grant or deny it in the exercise of judicial discretion.
Resolutions of the DOJ secretary is appealable administratively to the office of the president
where offense charged is punishable by reclusion perpetua.
Lack of certification by fiscal of the PI: does not vitiate the information. PI not essential part of the
information. Absence of PI certification is waived by failure to allege it before plea.
-Remedy: motion RTC, who will suspend the proceedings and order fiscal to conduct PI.
Absence of PI= not a ground to quash complaint or information and warrant of arrest and does
not affect the court’s jurisdiction. It is only a procedural defect and may be cured by asking the
court to have it done.
Note: in one case, trial was suspended for lack of PI, accused was allowed to be released on bail.
GR: If warrant already issued and no PI, Habeas corpus is not the proper remedy. A motion to
quash warrant is the proper remedy or ask for a PI.
Exp: accused illegally detained
pg. 33
c) file certiorari if refused
d) raise lack of PI as error on appeal
e) file prohibition
-if petitioner fails to adduce additional evidence, the case may be dismissed for
failure to prosecute.
Warrant of arrest: legal process issued by a competent authority, directing the arrest of a person/s
upon grounds stated therein. Directed to regular officers of the law, but occasionally, it is issued to
a private person named therein.
John Doe Warrants: issued against “John Doe” whom the witness to the complaint could not
identify are in the nature of a general warrant. VOID because they violate consti.
a) judge shall personally evaluate the report and supporting documents submitted by the fiscal
regarding the existence of a probable cause and on the basis thereof, issue a warrant of arrest OR
- the fact that the judge took him only a few hours to evaluate, does not mean that he did not do it
personally.
pg. 34
b) if on the basis thereof he finds no probable cause, he may disregard fiscal’s report and requires
the submission of supporting affidavits of witness to aid him in arriving at a conclusionas to the
existence of probable cause.
- there is NO LAW/RULE requiring the issuance of an order of arrest before a warrant of arrest.
Absence of probable cause for issuance of warrant is not a ground for the quashal of the
information BUT is a ground for the dismissal of the case. ( dismissal without prejudice).
TC is MANDATED to immediately dismiss the case upon finding that no probable cause exist.
COMAPLAINT / INFO NOT FILED -accused may ask for a PI but must waive A125,
a) when a person is lawfully arrested without a RPC. But PI must be terminated within 15 days
warrant for an offense that requires a PI and NO from inception.
complaint or info has been filed. - before it is filed: he may ask for bail
COMPLAINT/ INFO FILED - accused may within 5 days from the time he
b) when a person is lawfully arrested without a learns of the filing of info, ask for PI with same
warrant for an offense that requires a PI and right to adduce evidence in his favor.
complaint or info has been filed by the offended - does not exercise it within 5 days- waived.
party, peace officer, or fiscal WITHOUT the PI - after it is filed: he may ask for bail
Inquest:
an informal and summary investigation conducted by a public prosecutor in criminal case
involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining won said persons should remain under custody and
correspondingly be charged in court.
-accused may be stopped to question the illegality of the arrest by entering a plea of not guilty without
moving to quash the information on such ground.
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 35
Irregularity Waived irregularity of arrest is cured by voluntarily submitting himself to the
of arrest court’s jurisdiction by entering a plea of not guilty and by participating in
the trial.
Raised: when warrant of arrest is void for want of probable cause, the appropriate
not remedy is certiorari and prohibition with prayer for the issuance of TRO
waived rather than actively participating in the proceeding.
Section 7:Records
Personal Examination: RA 3838 does not prohibit the municipal judge from adopting the
questions asked by a previous investigator.
Searching questions and answers: to determine won there is a reasonable ground to believe that
and offense has been committed and the accused is probably guilty thereof so that a warrant of
arrest may be issued and the accused held for trial.
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 36
-Shall inquire: nature of offese, date, time and place of its commission, motives, subj, age,
education, status, financial and social circumstances, etc.
Preliminary examination (ex parte)
Not an essential part of due process.
This may be conducted by the MTC judge, prior to the issuance of warrant of arrest, either in
the presence or absence of the accused.
There is no need of warrant or bail in cases covered by the Rules on Summary Procedure.
pg. 37
In Flagrante Arrests- (a) for crimes committed in the presence of arresting person
a) person to be arrested must execute an overt act indicating that has just committed, is actually
committing or is attempting to commit a crime
overt act- physical activity or deed indicating the intention to commit a particular crime, more
than mere planning or preparation, which is carried out to its complete termination following its
natural course, without being frustrated by external obstacles nor by the voluntary desistance of
the perpetrator, will logically and necessarily ripen into a concrete offense.
b) such over act is done in the presence or within the view of the arresting officer. But not just
mere presence, he must have personal knowledge of such commission.
The knowledge must precede the arrest. Knowledge must be at the time, not after, arrest.
At the time he was arrested, accused was not committing a crime, to rouse suspicion. Thus
warrantless arrest is not allowed.
Arrest is unlawful where there was no urgency and there is opportunity to obtain warrant. But
mere time to obtain a warrant not sufficient to invalidate a warrantless arrest. To be considered
likewise is won a warrant be issued under the circumstances. ( eg. when investigative report is
not sufficient for the issuance of a warrant)
Mere suspicion is insufficient. It must be supported by actual facts.
Reasonable ground based on tip of informer + witnessed the criminal act= valid warrantless
arrest.
Continuing crime principle justifies warrantless arrest
The crimes of insurrection, rebellion, subversion, conspiracy or proposal to commit such
crimes, and other crimes and offense committed in the furtherance on the occasion thereof, or
incident thereto, or in connection therewith, are all in the nature of continuing crime and are
direct assault against the state. Arrest of any of accused in this crimes are thus justified.
pg. 38
Buy-bust operation: it is a form of entrapment which has been repeatedly accepted to be valid
means of arresting violators of dangerous drugs law.
A violator is caught in flagrante delicto and the police officers conducting the operation are not
only authorized but duty-bound to apprehend the violator and to search him for anything that
may have been part of or used in the commission of the crime.
objective test: details of the purported transaction must be clearly and adequately shown-
starting from the initial contact between the poseur-buyer and the pusher, the offer to
purchase, the promise or payment of the consideration until the consummation of the sale by
the delivery of the illegal drug subject of sale.
Hot pursuit Arrests- (b) for crimes which has just been committed.
-Elements:
a) offense have been committed
b) offense has just been committed
c) probable cause based on personal knowledge of facts or circumstances that person to be
arrested committed it. (identity of the person)
The time interval BETWEEN the actual commission of the crime and the arrival of the
arresting officer must be BRIEF.
pg. 39
c) arrest after 6 days, 3 days, 19 hours
Rule on Escapes: escapee is in the continuous act of committing a crime- evading the service of his
sentence.
pg. 40
i) that he may indicate that he does not wish to be interrogated AT ANY STAGE with a warning
that when he makes such indication, the police may not interrogate him if the same has not yet
commenced or ceased that begun.
j) That his initial waiver of right to remain silent, counsel,etc DOES NOT BAR HIM FROM
invoking it at any time during the process
k) Informed that any evidence obtained in violation of his right are inadmissible as evidence
pg. 41
Extradition cases: base on international treaty and pancta sunt servanda, may grant bail based on
clear and convincing evidence. Although it is not a criminal proceeding, it entails a deprivation of
liberty and means employed to attain purpose in extradition is also the machinery of criminal law.
Extraditee not entitled to notice ad hearing before warrant of arrest
Cancellation of bail without prior notice and hearing is vi0lation of his due process
Deportation cases: does not allow bail because it is not a criminal proceeding. It is the immigration
commissioner who has absolute discretion in determining won an alien may be realesed during
deportation proceedings.
Right to bail only accrues when accused is in custody or in any way deprived of his liberty.
-How custody is acquired: warrant or warrantless arrest; voluntary submission to court.
-GR: The mere filing of application to bail is not sufficient to amount to voluntary submission. The
same is premature.
EXP: when accused is in the hospital recuperating and matter of human consideration. OR when
he, through counsel, manifested voluntary submitted to court. OR house arrest OR confined in
military quarters
-upon voluntary appearance of the accused, the judge should require another motion for bail and
set the same for hearing.
pg. 42
Section 3: No release or transfer except on court order or bail
Section 4: Bail, a matter or Right
Section 5: Bail, when discretionary
Right to Bail:
Matter of Right:
a. before or after conviction in the MTC’s
b. before conviction in the RTC of offense charged is not punishable by death, reclusion perpetua,
life imprisonment (a matter of right as long as the judgment did not yet become final)
Discretion:
a. After conviction in the RTC of offense charged is not punishable by death, reclusion
perpetua, life imprisonment
b. convicted of imprisonment exceeding 6 years without a-e of sec 5 rule 114.
c. charged of a capital offense and evidence of guilt is NOT strong.
d. Deportation proceedings ( discretion of Commissioner of Immigration and Deportation)
Denied:
a. convicted of imprisonment exceeding 6 years and not exceeding 20 years WITH a-e of sec 5
rule 114.
b. charged of a capital offense and evidence of guilt is strong. (NOT a matter of right even
when the judgment did not yet become final)
c. Not available to military
pg. 43
Section 7: Capital Offense or an offense punishable by reclusion perpetua
or life imprisonment, not bailable.
Note, when the decision of the TC convicting the accused changed the nature of the offense from
bailable to non-bailable, the application for bail can only be filed with and resolved by the
appellate court.
Cancellation of bail: same procedure as that hearings on application of granting bail. WON
evidence of guilt is strong to cancel bail.
There must be an application for bail, court can not motu proprio grant bail.
The fact that the judge of the MTC granted bail to the accused during the PI cannot be the basis for
the grant of bail by the RTC after an information was already filed and where the investigating
public prosecutor recommends no bail for the indictee. The bail that was granted on the bases of
the evidence than at hand at that stage.
pg. 44
Court may not grant bail simply for non-appearance of prosecution BUT should ask the
prosecution such questions as would ascertain the strength of the state evidence and judge the
adequacy of the bail.
Order granting bail or denying bail must contain a summary of the evidence of the prosecution
followed by a conclusion of won the evidence of the guilt is strong, which may only be determined
after the hearing.
An incomplete enumeration or selective inclusion of pieces of evidence for the prosecution in
the summary of evidence cannot be considered a summary. Order containing it is defecfive and
voidable.
When prosecutor refuses to adduce evidence to prove that evidence of guilt is strong, the court
may ask the prosecution such questions as would ascertain the strength of the state’s evidence or
judge the adequacy of the amount of bail.
Valid waiver by prosecution to present evidence: “ statement of the prosecution that they were “
neither supporting or opposing the application for bail”. That they were submitting to the sound
discretion of the court.
The test is not whether the evidence establishes guilt beyond reasonable doubt but rather won it
show evident guilt or a great presumption of guilt.
pg. 45
f) Weight of evidence against him
g) Probability of the accused appearing at the trial
h) Forfeiture of other bail
i) Won accused is a fugitive from justice
j) Won accused is under bond in other cases
pg. 46
Duty of bondsman when accused is required to appear is not merely to notify accused but must
take every effort to see that he actually produces the accused before court.
When the obligation of bail is assumed, the sureties become in law the jailers of their principal
BUT they can not actually confine him.
Clearance issued by the govt for accused to travel is not an excuse, esp if done surreptitiously.
Order of forfeiture Conditional and interlocutory (not appealable) , there is something more
to be done(eg. production of the accused within 30 days)
Order of confiscation Independent of OOF. It is a judgment ultimately determining the
liability of the surety thereunder, and, therefore, final and execution may
issue at once.
pg. 47
Section 23: arrest of accused out on bail
This section states the right of sureties or court to re-arrest principal.
Section 26: Bail not bar to objections on illegal arrest, lack of or irregular PI
3. To have counsel- exp upon accused’s motion, when the court is satisfied that
accused can defend himself.
-a reasonable effective assistance. Reasonable under prevailing professional norms.
- right to counsel may be invoked on appeal.
- Duty to appoint counsel de officio is mandatory
-violation of right to counsel is a ground for new trial.
- deprivation of counsel- violation of due process.
- may be waived voluntarily or not.
-during custodial investigation: starts when accused is taken to custody. Does not terminate
with the filing of information, it should be at all times.
- right to counsel applies in certain pretrial proceedings that can be considered “ critical
stages” in the criminal process. Custodial interrogation before and after charges have been
files and non-custodial interrogation after the accused has been formally charged are
considered to be critical pre-trial stages.
- accused own choice: if it was imposed on him, right is violated.
- a fiscal can not represent accused during custodial investigation.
- right to counsel de parte during arraignment and trial is not absolute. Court may appoint
one for him in the interest of justice.
pg. 48
4. Right to be present- arraignment to promulgation:
- valid trial in absentia:
a) accused has already been arraigned;
b) duly notified of the trial;
c) failure to appear is unjustifiable.
failure to grant: violation of due process
Proper notice: absent- denial of due process
When presence requires:
a) Arraignment
b) Promulgation of judgment, exp conviction for light offence OR promulgation in
absentia is allowed.
c) When prosecution intends to present witness who will identify the accused.
If absent: waiver of right to be present. BUT may still be compelled to be present.
An escapee: Waives his right to cross-examine and present evidence. UNLESS he
surrenders.
Person suspected of having committed a crime, subsequently charges, has the ff rights:
a) Before case is filed in court OR with public prosecutor for PI BUT already taken into
custody or deprived of his liberty:
- right to remain silent and to counsel
- informed
-not to be subjected to force, violence, threat, intimidation, vitiate freewill.
- fruit of the poisonous tree
Scope of privilege:
-testimonial compulsion only and the production by the accused of incriminating documents,
and articles demanded from him. DOES NOT INCLUDE the examination of his body as
evidence when it may be material.
I will live my life to the fuNNiest. (Warlita Bee, 2014) www.warlita.wordpress.com
OOHlala: Only human. Open to constructive criticism. Hope this helps. lala
pg. 49
- covers communications whatever medium. “communicative in nature”.
-DOES NOT COVER: fingerprinting, photographing, write or speak for identification, to
appear in court, to stand, to assume a stance, to walk or make a particular gesture, blood
testing
- COVERS: specimen of hand writing during PI is equivalent to a positive testimonial act,
forced re-enactment like uncounselled and coerced confession
Immunity Statutes:
Use immunity Prohibits the use of witness’ compelled testimony and its fruits in
any manner in connection with the criminal prosecution of the
witness
Transactional immunity Grants immunity to the witness from prosecution for an offense to
which his compelled testimony relates.
When unfavorable inference drawn from failure of accused to testify CAN NOT establish alibi.
7. compulsory process
-when judge shall be satisfied, by proof or oath, that there is reason to believe that a material
witness for the prosecution will not appear and testify when required, he may order the witness to
post bail. Upon refusal to give bail, the court must commit him to prision until he complies or is
legally discharged.
- TC should not delegate to the accused the responsibility of getting his witness. If a subpoena is
issued and the witness fails to appear, the court should order the arrest of the witness if necessary.
- Viatory rights are available only to civil cases and not to criminal cases.
8. Speedy Trial
- trial free from vexatious, capricious, and oppressive delays.
- arraignment and pre-trial shall be held within 30 days from the date court acquires jurisdiction
over defendant. If not made: dismissal of the accused on the ground of denial of this right.
Dismissal shall be subject to the rules on double jeopardy.
- speedy trial is relative
- may be waived. Express or implied. Eg. inaction of accused.
- Mandamus may be had is prosecuting officers causes unreasonable delay and Habeas corpus if
accused already detained.
-defendant should ask for speedy trial and not for dismissal of the case. If dismissed it will be an
acquittal because of failure of prosecution to prove guilt of defendant and it will be a bar to
another prosecution for the same offense even though it was ordered by the court upon motion or
with express consent of the defendant, in exactly the same way as judgment of acquittal obtained
upon the defendant’s motion.
9. Public Trial
pg. 50
- open to the public. When anyone interested in observing the manner a judge conducts the
proceedings in his court room may do so. There is no such ban of attendance. Being a stranger is of
no moment. NO relationship to the parties need be shown.
- trial is in the chambers of the judge is not a violation. As long as no showing the public was
excluded.
- trial by publicity: not be allowed if there is a showing that the judges have been unduly
influenced.
GR: Presumption that accused was arraigned: in view of the presumption of regularity in the
performance of official duties.
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pg. 51
Exp: cases where crime imposed is death penalty.
Accused is no entitled to know in advance the names of all prosecution witness. Success of
prosecution might be endangered. The time for prosecution to know them is when they take the
witness stand.
Prosecution may call the witnesses other than those in the information.
Presentation or non-presentation of prosecution witness depends on fiscal’s discretion.
There can be no DJ where the accused has not yet pleaded to the offense.
pg. 52
Plea agreement is allowed. It is only when the consensual character of the plea is called into
question that the validity of a guilty plea may be impaired.
The court may AT ANY TIME permit the defendant to withdraw plea of guilty. It is subject to the
sound discretion of the court.
Where the defendant has been committed to prison after a plea of guilty and has commenced to
serve his sentence, the court can no longer alter its decision, the same having thereby become
final.
Plea of guilty must be unconditional. Eg pinatay ko siya pero hindi ko sinasadya OR ako pumatay
sa kanya, ikulong niyo na ako pero ito ang dapat na parusa ko ( convicted to homicide instead of
murder). Admission must be of such nature as to foreclose the defendant’s right to defend himself,
thus leaving the court no choice but to impose the penalty fixed by law.
Note: qualified plea is allowed PROVIDED that information should be amended with the consent
of the fiscal if the facts so warrant.
pg. 53
b. If demands trial, custodian shall inform pa.
c. Upon being informed, Pa shall obtain presence of accused for trial
d. Upon a properly supported request, prisoner shall be made available accordingly.
Reluctance of counsel de oficio does not amount to denial of right to counsel: where the counsel
undertook and proceeded with the defense and duly performed his duties.
Right to counsel is SUBSTANTIALLY satisfied even where the counsel de oficio appeared after the
trial has commenced. Eg. cdo came in only when direct examination of second witness ended.
There being an opportunity for the cdo to cross-examine. IF DID NOT APPEAR AT ALL, case must
be remanded to TC.
No prejudicial error where accused was represented by a non-lawyer PROVIDED permitted by
court and without objection from any parties.
There is a PRESUMPTION that section 7 has been complied with.
Duty of the TC does not end with appointing cdo, cdo must be required to act.
The right to counsel may be waived.
The denial of right to counsel must be raised in the trial court.
Duty of the court during arraignment does not include information as to penalty. This may no
longer be true since Rule 118 encourages plea bargaining.
pg. 54
The test on the viability of motion to quash on the ground that the facts averred in the information
do not amount to an offense is won the facts asserted would establish the essential elements of the
crime defined in the law.
Examination matters aliunde are not considered.
BUT additional facts not alleged in the information but admitted or not denied by the prosecution
may be invoked in support of the motion to quash.
Motion to suspend the issuance of warrant of arrest considered motion to quash because it is not
the caption of the pleading but the allegations therein contained that prevails.
Quash vs dismissal
Section 3: grounds
Matters of defense not a ground for motion to quash.
pg. 55
- reason for rule: right of accused to information.
pg. 56
i. double jeopardy
Section 6: Order sustaining the motion to quash not a bar to another prosecution, exception
Exceptions: prescription and double jeopardy.
In a pleading a former jeopardy, it is not sufficient that the defendant simply allege that he has
been once in jeopardy, he must both allege and prove specifically that the offense, of which he was
formerly convicted or acquitted, is the same offense for which it is proposed to try him again. Mere
mention of criminal case numbers and alleged portions of both information is not enough.
Note: courts are not authorized to take judicial notice of former conviction/ acquittal. BUT in
the absence of objection and it is read before court OR withdrawn from the archives under
court’s direction with the knowledge of opposing parties, the same may be allowed to prove
previous conviction.
pg. 57
Evidence of previous jeopardy:
Best evidence: record of the former case shoring the judgment of conviction entered therein
and the nature of the offense of which the accused was convicted or acquitted.
Interpretation of DJ:
Interpretation of DJ must be in harmony with constitutional objective.
DJ provision must be construed in light of existing law at the time of adaptation.
In the event of denial of motion to quash based on DJ, REMEDY of accused, upon arraignment, to
plead not guilty and reiterate his defense of former jeopardy, and in case of conviction to appeal
therefrom, upon the ground that he had been twice put in jeopardy of punishment.
DJ is not reviewable by writ of habeas corpus.
Requisites:
a) 1st jeopardy must have attached prior to the second
b) The first jeopardy must have been validly terminated
c) Second jeopardy must be for the same offense or the second offense includes or is necessarily
included in the offense charged in the first information, or is an attempt to commit the same or
frustrate thereof.
FIRST: 1st jeopardy must have attached prior to the second, requisites:
a) court of competent jurisdiction:
- Includes territorial jurisdiction.
- Judge issuing order must still be in office.
- violation of basic constitutional right ousts court of jurisdiction.
Situations: DJ or NOT RATIO
There is no dj if judge faces same case before the sandiganbayan and NOT Different
another one before the SC for administrative cases. purposes
A court which renders an acquittal after pre-trial without trial, the NOT Trial
court is not a court of competent jurisdiction. The decision is void for should
lack of jurisdiction. Case will be remanded without committing dj. proceed
Accused is military person. If involves a martial court and a civil DJ Both has
court, will constitute dj. juris
But if the accused is a civilian and there are civil courts operating, it NOT 1st court
will not be dj since the court martial who tries the civilian has no has no
jurisdiction. juris
b) valid complaint or information
- the test of J is the crime charged not the crime proved. (eg. although the evidence presented at
the trial of an accused on a charge of theft would have been sufficient to convict him of estafa, his
acquittal of theft was not bar to a subsequent prosecution for estafa)
jeopardy does not attach where a defendant pleads guilty to a NOT Invalid
defective indictment that is voluntarily dismissed by the prosecution. info
Conviction under information which charges no offense is void NOT Void info
Fatal defect in the complaint may be supplied by competent proof in DJ Cured
the absence of any objection during the trial. The information is
cured. If convicted, first jeopardy attaches.
Crime charged: theft NOT
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pg. 58
Crime proved: estafa
Acquitted for theft
c) arraignment
- valid plea
- mere written manifestation is not a valid plea
No arraignment and it was upon his express motion that the NOT No valid
information was quashed and the case dismissed. plea
d) defendant was acquitted or convicted or the case dismissed or otherwise
terminated without the express consent of the accused.
Judgment: the adjudication by the court that the accused is guilty or is not guilty of the offense
charged.
Conviction: judgment declaring the accused guilty or the offense charged and imposing upon him
the penalty provided for by law.
Acquittal: a judgment declaring the accused not guilty of the crime charged and ordering his
release.
- express consent: an express assent where the accused waives his right to the protection against
DJ. For the reason that he thereby prevents the court from proceeding to the trial on the merits
and rendering a judgment of conviction against him.
-silence does not mean consent. (eg. accused did not move for dismissal but case was dismissed)
- notation of “no objection” means express consent.
-when the dismissal is equivalent to an acquittal, there is jeopardy even if the court says
“provisional”, “conditional, “without prejudice”.
- condition sine qua non when dismissal or termination, will NOT constitute DJ:
a) the dismissal must be sought by the defendant personally or thru his counsel; and
b) such dismissal must not be on the merits and must not necessarily amount to acquittal.
-once that accused is discharged as state witness it is not affected by any future development
pg. 59
showing that any or all of conditions for the discharge have not actually been fulfilled may not
affect the legal consequences of the discharge. Protection of DJ. AND discharge continues even if
the information is amended because it is a mere continuation of the original information.
pg. 60
subsequent prosecution for the same offense. It is not a final
disposition of the case.
Dismissal of the case by the accused himself or through his counsel NOT consent
and it is granted
Motion for reinvestigation is not express consent. DJ No
consent
Where the accused asked for and consented to a provisional dismissal DJ Consent
same operates as a waiver of their defense of dj.
Dismissal by accused on the ground of insufficiency of evidence OR DJ Exception
denial of the right to speedy trial
Motion to quash information on the ground that the allegation in the NOT Consent
information did not constitute an offense
Discharge of accused as state witness operates as acquittal DJ
THIRD: Second jeopardy must be for the same offense or the second offense
includes or is necessarily included in the offense charged in the first
information, or is an attempt to commit the same or frustrate thereof.
- same offense:
The offense charge, or an attempt to commit it or a frustration thereof, or any “offense which is
necessarily included in the offense charged in the former complaint or information”
-the same act may violate tro or more provisions of the criminal law. When they do, a prosecution
under one will not bar a prosecution under another.
- TEST TO IDENTITY OF OFFENSES: by examining the essential elements of each of the two
offenses charged, as such elements are set out in the respective legislative definitions of the offense
involved. DJ applies when the offenses in the two information are the same in law and in fact.
- jurisdiction of 1st court over the 2nd charge is not necessary as long as facts of the particular case
satisfy the requirements of this test.
-If two crimes are almost identical, check the elements. If one of the crimes requires proof of an
additional fact or element which the other does not, no DJ.
- note:there should only ONE criminal prosecution for one criminal intent. Intent can’t be divided.
Situation DJ or NOT RATIO
Estafa and violation of BP 22 NOT Diff elem
Falsification of a public document (A171, RPC) and violation of anti- NOT Diff
graft law Elements
Common crimes and rebellion NOT Absorbed
Selling mortgaged property without mortgagor’s consent( Act 1508) NOT Diff
and estafa (RPC) Elements
Brigandage and Illegal possession NOT Not
necessarily
includes
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pg. 61
each other
Illegal possession and theft NOT Not
There can be no illegal possession if there is no intent to use necessarily
and there can be illegal possession without theft. includes
each other
Illegal possession and murder or homicide NOT Diff
Killing of a person with unlicensed firearm may give rise to elements
separate prosecutions. 1) violation of PD1866 and 2) ART 248,
RPC, and may be separately prosecuted from both crime
without violating the rule on DJ.
NOTE: under RA 8294, no longer separate crimes. Illegal
possession is now an AC of ART 248.
Illegal fishing and illegal possession of explosives NOT Diff elems
Alarm and scandal and alleged discharged of firearms NOT Diff elems
Illegal possession and carrying firearm outside residence without NOT Diff elems
permit.
Estafa by fraudulent withdrawal or different checks ( one check does NOT Diff elems
not bar prosecution for another check)
Violation of Censor’s Law (RA 3060) and indecent exhibition under A NOT Diff elems
201 (3), RPC and nature
Consented abduction and qualified seduction NOT Diff
Not identical offenses
Qualified seduction and rape NOT Diff
Possession of shotgun and revolver at the same time at same place DJ 1 intent
Smoking opium and possession of illegal pipe DJ 1 intent
Possession of a firearm in 2 separate and distinct places and NOT Diff
jurisdiction and the two information state different dates of crimes
commission
Theft of 13 cows at the same time and in the same place, consequently DJ 1 intent
he committed one criminal act even if different owners.
Conviction for 8 of the cows owned by owner 1, he cannot then
be convicted for the rest owned by owner 2.
Prohibition from lowest to highest offense: DJ
-The effect of prosecuting first the lesser offense where a larger
offense has been committed and could be prosecuted, would be to
split the larger offense into lesser parts. The state in electing to
prosecute the first one waives all others.
- example: conviction for less serious physical injuries barred
prosecution for assault upon a person of authority.
Homicide to murder DJ
A person acquitted for homicide cannot be subsequently tried
for the crime of murder.
Because the acquittal of the defendant charged with killing
pronounces him GUILTLESS OF THE FACTS necessary to
constitute murder and admits the pleas of dj.
Lesiones Menos Graves to Lesiones Graves DJ
Because that not only was the first case an ingredient of the
second case, but the allegations in the second information
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pg. 62
would also, if proven, have been sufficient to support the
former information.
One who has convicted of a crime lesser in degree than the
offense for which he is indicted, is by implication as a bar to
subsequent indictment.
Rule on identity of offenses does not apply when the second offense NOT Inexistent
was not in existence at the times the first prosecution.
Act punished by law and ordinance, conviction or acquittal under DJ
either shall constitute a bar to another prosecution.
Complex crime of physical injuries and damage to property DJ 1 single act
Violation of motor vehicle law and RPC damage to property DJ Can not be
Because the basic element of reckless driving is an ingredient split into
in both cases. different
Rule: once convicted or acquitted of a specific act of reckless crimes
imprudence, the accused may not be prosecuted again for that
same act.
If one offense is light there is no complex crime. They are separate NOT Different
offenses subject to distinct penalties.
EXCEPTIONS: same offense or the second offense includes NOT
or is necessarily included in the offense charged in the first
information-> There is no DJ
a) graver offense developed due to supervening facts arising from the
same act or omission constituting the former charge
b) the facts constituting the graver charge became known or were
discovered only after a plea was entered in the former complaint or
information
c) plea of guilty to the lesser offense was made without the consent of
the prosecutor and the offended party except as provided in
section 1 of Rule 116.
Supervening event: if after the first prosecution a new fact supervenes NOT
on which defendant may be held liable, resulting in altering the
character of the crime and giving rise to a new and distinct offense,
the accused can not be said to be in second jeopardy if indicted for
new offense. MUST HAVE DEVELOPED
Accused was charged with physical injuries and after
conviction the injured does, he then was charged with
homicide.
Deformity found out later.
WHEN DJ: If in the examination during the first proceeding
the injury was already present but was not presented and
thereafter the accused was convicted, the accused can not then
be convicted for an offense when that injury was thereafter
found out. IT WAS ALREADY EXISTING.
Discovered after plea. DJ NOT
Exp: when the facts constituting the graver charge was already
existing during the plea.
Plea of guilty to lesser offense without the consent of the accused: NOT
Note: IF in any of these 3 cases, the accused is convicted of the graver
offense, the penalty for the latter offense shall absorb the penalty for
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pg. 63
the lesser offense.
GR: We accused has already been charged, tried upon sufficient DJ
information, pleaded “not guilty”, and case was dismissed ( thus,
without his consent and not upon his motion), erroneous dismissal of
the offense charged can no longer be disturbed by certiorari or
mandamus. DJ attaches.
Note:
appeal from judgment of acquittal can not be made in the guise of
certiorari.
Certiorari may be had on want of jurisdiction or grave abuse of
discretion BUT not on the ground of misappreciation of facts and
evidence.
Exp: NOT Case not
1. where judgment made RESERVATION. Where accused after yet final
pleading guilty reserved his right to present evidence to prove that
amount he was accused of is now with authorities. If case is set for
hearing of his reservation, DJ does not apply.
2. when the court acted with grave abuse of discretion.
WHEN appeal allowed: NOT
a) dismissal is upon motion or with express consent of accused
b) dismissal is not an acquittal or based upon consideration of the
evidence or of the merits of the case
c) the question to be passed upon by the appellate court is purely legal
so that should the dismissal be found incorrect, the case would have
to be remanded to the court of origin for further proceedings, to
determine the guilt of innocence of the accused.
d) appeal from order of dismissal based on prescription
Appeal of civil award by offended party is allowed. PROVIDED the NOT
accused will not be convicted of a more serious offense or sentenced
to a higher penalty to justify the increase in the civil indemnity.
When the accused appeals NOT Waives his
right vs DJ
Civil contempt: when there is failure to do something ordered by a NOT
court to be done for the benefit of the party
Criminal contempt: when the purpose is to vindicate the authority of DJ
the court and protect its outrage dignity
Dismissal vs Acquittal
Dismissal Acquittal
Not on the merits Case decided on the merits
Grounds: court has no jurisdiction, or that the Grounds: on the merits of the case when the
offense was committed outside of its territorial prosecution was able to present evidence.
jurisdiction, or that the information is not valid
in form and in substance
Civil liability is not affected by double jeopardy: extinction of civil liability whether by prescription
or bar by dj does not carry with it the extinction of the civil liability arising from the offense
charged.
pg. 64
Prosecution without exception cannot appeal where the accused had already been exposed to
double jeopardy. Then much less then can the offended party or his heirs, who are mainly
concerned only with civil indemnity.
A judge has no power to reinstate a case which he has earlier dismissed by simply erasing his
signature below the words dismissed by simply erasing his signature below the words dismissed
“case dismissed” appearing in the exhibits.
A review of sufficiency of the evidence and of the propriety of the acquittal of the accused lies
outside the function of certiorari as intrudes into prerogatives of RULE 45, under ordinary
appeals, where an alleged error of judgment may be subjected to review. A review of judgment of
acquittal of private respondents under certiorari would place the accused in DJ. Thus, certiorari is
not allowed from denial of demurrer to evidence by CA.
This rules does not apply to withdrawals of information and is not time-barred.
pg. 65
Section 1: pre-trial, mandatory in criminal cases
Section 2: pre-trial agreement
Section 3: non-appearance of pre-trial conference
Section 4: pre-trial order
B. Criminal Cases
1. Before arraignment, the Court shall issue an order directing the public prosecutor to submit the record of the
preliminary investigation to the Branch COC for the latter to attach the same to the record of the criminal case.
Where the accused is under preventive detention, his case shall be raffled and its records transmitted to the
judge to whom the case was raffled within three days from the filing of the complaint or information. The
accused shall be arraigned within ten days from the date of the raffle. The pre-trial of his case shall be held
within ten days after arraignment unless a shorter period is provided for by law.[11]
2. After the arraignment, the court shall forthwith set the pre-trial conference within thirty days from the date
of arraignment, and issue an order: (a) requiring the private offended party to appear thereat for purposes of
plea-bargaining except for violations of the Comprehensive Dangerous Drugs Act of 2002, and for other
matters requiring his presence;[12] (b) referring the case to the Branch COC, if warranted, for a preliminary
conference to be set at least three days prior to the pre-trial to mark the documents or exhibits to be presented
by the parties and copies thereof to be attached to the records after comparison and to consider other matters
as may aid in its prompt disposition; and (c) informing the parties that no evidence shall be allowed to be
presented and offered during the trial other than those identified and marked during the pre-trial except when
allowed by the court for good cause shown. A copy of the order is hereto attached as Annex "E". In mediatable
cases, the judge shall refer the parties and their counsel to the PMC unit for purposes of mediation if available.
3. During the preliminary conference, the Branch COC shall assist the parties in reaching a settlement of the
civil aspect of the case, mark the documents to be presented as exhibits and copies thereof attached to the
records after comparison, ascertain from the parties the undisputed facts and admissions on the genuineness
and due execution of documents marked as exhibits and consider such other matters as may aid in the prompt
disposition of the case. The proceedings during the preliminary conference shall be recorded in the Minutes of
Preliminary Conference to be signed by both parties and counsel. (Please see Annex "B")
The Minutes of Preliminary Conference and the exhibits shall be attached by the Branch COC to the case record
before the pre-trial.
4. Before the pre-trial conference the judge must study the allegations of the information, the statements in the
affidavits of witnesses and other documentary evidence which form part of the record of the preliminary
investigation.
5. During the pre-trial, except for violations of the Comprehensive Dangerous Drugs Act of 2002, the trial judge
shall consider plea-bargaining arrangements.[13]3 Where the prosecution and the offended party agree to the
plea offered by the accused, the court shall:
pg. 66
a. Issue an order which contains the plea bargaining arrived at;
c. Render and promulgate judgment of conviction, including the civil liability or damages duly established by
the evidence.[14]
a. Adopt the minutes of 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;
b. Scrutinize every allegation of the information and the statements in the affidavits and other documents
which form part of the record of the preliminary investigation and other documents identified and marked as
exhibits in determining farther admissions of facts, documents and in particular as to the following:[15]
4. amount of damages;
8. disclosure of defenses of alibi, insanity, self-defense, exercise of public authority and justifying or exempting
circumstances; and
d. 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 and use
the time frame for each stage in setting the trial dates;
e. Require the parties to submit to the Branch COC the names, addresses and contact numbers of witnesses
that need to be summoned by subpoena;[16] and
f. Consider modification of order of trial if the accused admits the charge but interposes a lawful defense.
7. During the pre-trial, the judge shall be the one to ask questions on issues raised therein and all questions
must be directed to him to avoid hostilities between parties.
pg. 67
8. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing
and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in Section 1 of Rule 118 shall be approved by the court.
9. All proceedings during the pre-trial shall be recorded, the transcripts prepared and the minutes signed by
the parties and/or their counsels.
10. The trial judge shall issue a Pre-trial Order within ten (10) days after the termination of the pre-trial setting
forth the actions taken during the pre-trial conference, the facts stipulated, the admissions made, evidence
marked, the number of witnesses to be presented and the schedule of trial. Said Order shall bind the parties,
limit the trial to matters not disposed of and control the course the action during the trial. [
Stipulation as to evidence: stipulation by counsel as to effect that certain additional witness, if they
were produced and sworn on behalf of both the prosecution and defense, would testify the same as
the actual witness had as to substance of the issue, cannot be accepted as the equivalent of proof
under oath. It is not supposed to be within the knowledge or competence of counsel to predict
what proposed witness may say.
Admission is the mere acknowledgement of a factor or circumstances from which guilt may be
inferred, tending to incriminate the speaker, but not sufficient to establish his guilt.
Evidence showing that defendant is not a recidivist prevails over the implied admission that he is.
A proffer of evidence on the basis of evidence exhibited by the accused during pre-trial is not
sufficient and the acquittal of the accused on the basis thereof is a nullity for want of due process.
pg. 68
Continuous Trial Concept: mode of judicial fact finding and adjudication conducted with speed
and dispatch so that trials are held on the scheduled dates without needless postponement. Case
terminated within 90 days unless extended for meritorious reasons.
Trial shall start within 3 days from arraignment and no postponement of initial hearing
shall be allowed except illness or other ground beyond the control of accused.
c) speedy trial of child abuse cases: same as b.
d) violations of dangerous drugs law:
if PI conducted by prosecuting officer: file information within 24 hours from PI
if conducted by judge: file complaint within 48 hours from receipt of records of the
case.
Trial shall be finished within 90 days from filing or information/ complaint.
Decision shall be rendered within 15 days from date of submission of the case.
Section 3: exclusions
Section 4: factors for granting continuance
pg. 69
Section 8: sanctions
Section 9: remedy where accused is not brought to trial within the time limit
Section 10: law on speedy trial not a bar to provision on speedy trial in the constitution
Motions must contain a notice of hearing.
If it does not contain it- it is a mere scrap of paper.
Absence of it does not deprive a competent court of jurisdiction over the case. The court still
retains authority to pass on the merits of the motion. The remedy of aggrieved party is to have the
order set aside or the irregularity otherwise cured by the court which dismissed the complaint, or
to appeal from the dismissal NOT CERTIORARI.
However, a motion to quash must contain a notice of hearing and proof of service.
Postponements under the speedy trial act: STA does not prohibit motions for postponement BUT
there are no exclusions in computing time of trial are allowed. Thus, if there are exclusions it will
not be excluded from the 180 days period within which to terminate trial. May only be extended by
SC.
Section 12: application for examination of witness for accused before trial
Section 13: examination of defense witness; how made
Section 14: bail to secure appearance of material witness
No hearing is required by the rules before conditional examination of the witness may be allowed.
Use of modes of discovery is not prohibited in criminal cases.
pg. 70
Section 16: trial of several accused
Separate trial is with TC’s discretion. Denial is justified when accused is not substantially
prejudiced.
It is understood, that the evidence in the chieft of the prosecution shall remain in the record as
evidence against all the petitioners. It is not necessary for the prosecution to adduce all over again
its evidence in chief in each separate trial of the accused. In the separate trial of the accused, only
the accused presenting evidence has to be present.
Joint trial in the Sandiganbayan: private individuals shall be tried jointly with public officers in the
proper courts.
Public officer as mere accomplice or PO shall be tried jointly with the private individual in the
accessory of principal priv indvl ordinary courts
Public officer as principal Joint before Sandiganbayan UNLESS it is impracticable
or impossible.
pg. 71
Everything that is done contrary to justice, modesty, or good morals.
Crimes involving moral turpiture: estafa, abduction with consent, consubinage, murder.
EXPs:
a) unless accused fails or refuses to testify against his co-accused in accordance with his sworn
statement constituting the basis of his discharge.
b) failure to testify refers exclusively to defendant’s will
c) extrajudicial confession: admissibility: where an accused who turns state’s evidence on a
promise of immunity but later retracts and fails to keep his part of the agreement, his
confession of his participation in the commission of the crime is admissible as evidence
against him
d) once discharged even if one or all of the conditions required for discharge did not really exist,
that fact does not affect the legal consequences of the discharge and the admissibility and
credibility of his testimony if, otherwise admissible and credible.
Effect of irregular discharge: does not affect the competency and quality of the testimony of the
discharged defendant.
Effect of court’s error in the discharge: does not relieve from criminal responsibility the guilty
participants who are not discharged ( as state witness).
The improper discharge of an accused will not render inadmissible his testimony nor detract from
his competency as witness. It will not invalidate his acquittal.
Discharge as state witness of an accused who already pleaded guilty but not yet sentenced was
allowed.
Discharge of a state witness after he testified is allowed.
The fact that not all the requisites of discharge are present is not a ground to recall his discharge.
A state witness under the “witness protection program” ( RA 6891)
Sec. 10. State Witness. — Any person who has participated in the commission of a crime and desires to
be a witness for the State, can apply and, if qualified as determined in this Act and by the
Department, shall be admitted into the Program whenever the following circumstances are present:
(a) the offense in which his testimony will be used is a grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
(b) there is absolute necessity for his testimony;
(c) there is no other direct evidence available for the proper prosecution of the offense committed:
pg. 72
(f) he has not at any time been convicted of any crime involving moral turpitude.
Sec. 11. Sworn Statement. — Before any person is admitted into the Program pursuant to the
next preceding Section he shall execute a sworn statement describing in detail the manner in which
the offense was committed and his participation therein. If after said examination of said person, hi s
sworn statement and other relevant facts, the Department is satisfied that the requirements of this Act and
its implementing rules are complied with, it may admit such person into the Program and issue the
corresponding certification.
If his application for admission is denied, said sworn statement and any other testimony given in
support of said application shall not be admissible in evidence, except for impeachment purposes.
Sec. 12. Effect of Admission of a State Witness into the Program. — The certification of
admission into the Program by the Department shall be given full faith and credit by the p rovincial or
city prosecutor who is required not to include the Witness in the criminal complaint or
information and if included therein, to petition the court for his discharge in order that he
can utilized as a State Witness. The Court shall order the discharge and exclusion of the said
accused from the information.
Admission into the Program shall entitle such State Witness to immunity from criminal prosecution
for the offense or offenses in which his testimony will be given or used and all the rights and benefits
provided under Section 8 hereof.
Sec. 13. Failure or Refusal of the Witness to Testify. — Any Witness registered in the Program who
fails or refuses to testify or to continue to testify without just cause when lawfully obliged to do so,
shall be prosecuted for contempt. If he testifies falsely or evasively, he shall be liable to prosecution
for perjury. If a State Witness fails or refuses to testify, or testifies falsely or evasively, or violates any
condition accompanying such immunity without just cause, as determined in a hearing by the proper
court, his immunity shall be removed and he shall be subject to contempt or criminal
prosecution. Moreover, the enjoyment of all rights and benefits under this Act shall be deemed
terminated.
The Witness may, however, purge himself of the contumacious acts by testifying at any appropriate stage
of the proceedings.
Sec. 14. Compelled Testimony. — Any Witness admitted into the Program pursuant to Sections 3
and 10 of this Act cannot refuse to testify or give evidence or produce books, documents,
records or writings necessary for the prosecution of the offense or offenses for which he has
been admitted into the Program on the ground of the constitutional right against self-
incrimination but he shall enjoy immunity from criminal prosecution and cannot be subjected
to any penalty or forfeiture for any transaction, matter or thing concerning his compelled
testimony or books, documents, records and writings produced.
pg. 73
In case of refusal of said Witness to testify or give evidence or produce books, documents, records, or
writings, on the ground of the right against self-incrimination, and the state prosecutor or
investigator believes that such evidence is absolutely necessary for a successful prosecution of the
offense or offenses charged or under investigation, he, with the prior approval of the department, shall
file a petition with the appropriate court for the issuance of an order requiring said Witness
to testify, give evidence or produce the books, documents, records, and writings described,
and the court shall issue the proper order.
The court, upon motion of the state prosecutor or investigator, shall order the arrest and detention
of the Witness in any jail contiguous to the place of trial or investigation until such time that the
Witness is willing to give such testimony or produce such documentary evidence.
There is no need for the prosecution to first charge a person in order to qualify for the
program.
Discharge of state witness operates as acquittal and cannot be subsequently be re -included
in complaint except when he fails or refuses to testify
Amended information are not new information they are a continuation of the original
information, so that a discharge under the original information is just as binding upon the
subsequent amended information.
This rules does not apply were there is no discharge to utilize him as witness. This act refers
to the discharge BEFORE he testifies.
Before arraignment, Rule 110 section 4 is the applicable rule for discharge of accused NOT
this section.
Testimony of a co-conspirator is not sufficient for conviction of the accused UNLESS other
evidence supports such testimony OR when testimony is made in a straightforward manner
and it contains details which could not have to be the result of deliberate afterthought.
Section 19: when mistake has been made in charging the proper offense
Amendment BY SUBSTITUTION- allowed provided the accused will not be put to DJ
Cases:
Oral defamation Error in name of offended party- court should dismiss case and order fiscal
to file another information charging same accused and hold the accused in
custody to answer for new charge. No DJ ( different offended).
Bribery The allegations in the information amount to bribery not to robbery. Dismiss
and file new information. No DJ.
Abduction with Court arrived at a judgment of abduction and not rape. Dismiss complaint
consent for abduction and file for rape
Qualified Dismiss information for qualified seduction before the accused has rested his
seduction to rape case for the filing of an information of rape without violating his right against
DJ.
pg. 74
It is within the TC’s discretion to allow or not to allow a witness to testify, who notwithstanding
the order excluding witness from the courtroom, remained there, although the court believes that
the testimony of said witness should have been admitted.
pg. 75
Form of judgment in Sandiganbayan: shall contain complete findings of the facts and the law on
which they are based, on all issues properly raised before it and necessary in deciding the case.
It is not necessary for the validity of the judgment that it be rendered by the judge who heard the
case.
Strict compliance: decision must clearly state the facts and law on which it is based. Ratio: so that
it may be used in appeal and to safeguard parties of impetuosity of judgment.
Remedy is not complied: remand the case to court of origin for the rendition of new judgment
TC should not merely reproduce everything testified by the witness.
memorandum decisions: a court in appealed cases may adopt by reference the findings of facts
and conclusions of law contained in the decision appealed from.
For this to be valid: this must embody the findings of facts and conclusions of law of the lower
court in an annex attached to and made an indispensible part of the decision.
Judgment must be in writing: a judgment made verbal is not final and thus not binding.
Judgment of conviction:
-Contents:
a)Legal qualification of the offense ( acts/ omissions, AC, MC, etc)
Failure to designate crime: not error for judge. He need not mention the particular provision.
b) participation of the accused
c) penalty to be imposed ( must be that exactly provided by RPC)
- alternative sentences is not allowed.
- alternative penalty is not allowed.
- use proper terminology ( eg. reclusion perpetua)
d) civil liability or damages or damages UNLESS separate action/ reserved/ waived.
- court must provide.
- judgment should declare civil liability, if proper.
pg. 76
adjudicated in order that a right of the plaintiff which has been violated or invaded by the
defendant, may be vindicated or recognized, and not for the purpose of indemnifying the
plaintiff for any loss suffered by him.
Damages are the amounts recoverable or that which can be awarded for the damage done or
sustained.
Damages ( civil code) Sum of money which the law awards or imposes as pecuniary
compensation, recompense, or satisfaction for an injury done or a wrong
sustained as a consequence of either breach of a contractual obligation or
a tortuous or illegal act
Damage Pertains to the actionable loss, hurt or sham which results from the
unlawful act, omission or negligence of another.
Rule does not require that all essential elements of the offense charged in the information be
proved in order that the accused may be convicted of the crime included in the one charged it is
sufficient that some of the essential elements of the crime charged be established and that
these constitute the crime proved.
Anti-graft charged includes falsification of official and commercial document.
pg. 77
Act can be had under an information exclusively charging the commission of a willful offense. ( eg.
accused charged with willful malversation can be validly convicted of malversation thru negligence
where the evidence sustains the latter mode committing the offense).
MINOR variance: minor variance between the information and that established by the evidence
will not in any manner alter the nature of the offense. ( eg. minor detail on weapon used to kill)
Where an offense may be committed in any of several modes, it is sufficient to prove the offense
committed in any one of them, provided it be such as to constitute the substantive offense and that
accused did not object to such evidence.
Where the accused was definitely and squarely charged with rape, he cannot be convicted of
qualified seduction. Rape and qualified seduction is not identical offenses. BUT one who is
charged with rape may be found guilty of qualified seduction when the verified complaint for rape
contains allegations which aver the crime of seduction.
Technical malversation does not include, or is nor included in the crime of malversation of public
funds.
An accused charged as co-principal may validly be convicted as accessory even if the principal is
acquitted.
The fact that the information indicated marijuana dried leaves, while the lab result dried flowering
tops is not a ground for acquittal.
Accused cannot be convicted of the complex crime constitutive of various crimes alleged in two
separate information.
Simple robbery included in kidnapping with ransom. ( unlawful taking with intent to gain)
An accused charged of a complex offense may be convicted of one of the component offenses.
Where there is a variance involving the date or amount of checks described in the information and
evidence, accused cannot be held liable for violation of BP 22.
pg. 78
After commitment and commencement of service of sentence, judgment can no longer be
modified.
pg. 79
a) evidence was discovered after trial
b) such evidence could not have been discovered and produced at the trial even with the
exercise of reasonable diligence.
c) the evidence is material, not merely cumulative, corroborative, or impeaching
d) it must go to the merits as ought to produce a different result if admitted.
pg. 80
Right to appeal is only statutory. However once granted, appeal becomes part of due process and
should be liberally applied in favor of right to appeal.
Judgment of acquittal becomes final immediately after promulgation and cannot be recalled for
correction or amendment.
Erroneous dismissal after trial constitutes double jeopardy. Also, no reopening to modify
judgment.
ExP: when accused pleaded guilty but reserved right to present evidence that amount he stole was
already recovered by authorities.
Neither is the remedy of certiorari to annul the judgment of acquittal in a criminal case available,
the reopening of which far any reason is forbidden.
GR: appeal from prosecution from order of dismissal is DJ.
Exps: NOT DJ
a) dismissal is made upon motion or with the express consent of the defendant
b) the dismissal is not an acquittal or based upon consideration of the evidence or on the merits of
the case
c) the question to be passed upon by the appellate court is purely legal so that should the
dismissal be found incorrect, the case would have to be remanded to the court of origin for
further proceedings, to determine the guilt or innocence of the accused,
if the judge commits only an error of judgment, not tantamount to a grave abuse or discretion, the
proper remedy for correcting such an error is not certiorari but appeal.
Appeals to any court where PP is a party, OSG must be informed. Failure to serve such notice of
appeal to OSG is a ground for dismissal of the petition.
ONLY Solicitor General, not fiscal or private prosecutor, represents the PP on appeal. Otherwise,
dismissed. But when made by private prosecutor, the same is cured when SG intervenes.
BUT offended party retains right to bring a special civil action for certiorari in his own name in
criminal proceedings.
pg. 81
- Appealable to the SC. By petition for review on certiorari raising purely questions of law in
accordance with Rule 45, roc.
- Apply Rule 65 where only jurisdictional issues are raised.
Effect of perfection of appeal: court of origin loses its jurisdiction over the record and over the
subject of the case.
pg. 82
RULE 123: Procedure in Municipal Trial Courts
Section 1: uniform procedure
INSERT RULES ON SUMMARY PROCEDURE
pg. 83
Section 16: reconsideration
Mittimus: a process issued by the court after conviction to carry out the final judgment, such as
commanding a prision warden to hold the accused in accordance with the terms of the judgment.
pg. 84
Section 4: requisites for issuing search warrant
Section 5: examination of complainant; record
Probable Cause: such facts and circumstances which could lead a reasonable discreet and prudent
man to believe that an offense has been committed and that the objects sought in connection with
the offense are in the place sought to be searched.
-Basis: PC shown to be within the personal knowledge of the complainant and the witnesses he
may produce and not based on mere hearsay.
-Knowledge: Won it has been drawn in a manner that perjury could be charged thereon and the
affiant will be held for damage caused.
- Personal knowledge of the witness not necessarily the applicant is sufficient.
Insufficient:
1. Mere affidavits of the complainant and his witnesses are not sufficient. The examining
judge has to take depositions in writing of the complainant and the witnesses he may
produce and to attach them to the record.
2. statement contained in a joint affidavit that the evidence gathered and collected by out
unit clearly shows that the premises…were used for subversive activities”.
3. gathered information from verified resources- NO personal knowledge. ( might have
been allowed if there were searching questions made).
4. deposition based on hearsay
5. pre-typed questions with answer that does not show personal knowledge.
Sufficient:
pg. 85
Seizure of obscene material:
Pita vs Court of appeals, guidelines:
a) the authorities must apply for the issuance of a search warrant from a judge, if in their
opinion, an obscenity rap is in order
b) the authorities must convince the court that the material sought to be seized are obscene
and pose a clear and present danger of an evil substantive enough to warrant state
interference and action
c) the judge must determine won the same are indeed “obscene” ( resolved on a case to case
basis)
d) If PC exists, it may issue the SW prayed for
e) Proper suit is then brought in the court under ART 201, RPC
f) Any conviction is subject to appeal. The appellate court may asses won the properties are
indeed obscene
Manner of examination
1. Judge must examine the witnesses personally
2. Examination must be under oath
3. The examination must be reduced to writing in the form of searching questions and
answers
- Examination is heard ex-parte ( it is not a trial or a part of a trial) and may be done in
chambers but action must be expedited ( because time of the essence) . Not done in public. Not
merely routinary.
- Examination must be probing and exhaustive, not merely routinary or pro forma. Asking in
leading questions or general manner is insufficient.
- Judge should have opportunity to observe the demeanor of the complainant and the witnesses.
Particularly describing the place to be searched and the persons or things to be seized.
- Purpose:
a) readily identity the properties to be seized and thus prevent them from seizing wrong items
b) leave said officers with no discretion regarding the articles and prevent unreasonable search
and seizure.
- search warrant can not be used to obtain evidence not contained in it.
- sufficient: if the officer with the warrant can, with reasonable effort ascertain and identify
from the record the place and things in the SW.
- technical precision is not required
- search warrant is severable: the general description of most of the documents issued in the
SW does not render the entire warrant void.. it remains enforceable as to items particularly
described.
TESTS of particularity:
a) when the description therein is as specific as the circumstances will ordinarily allow or
b) when the description expresses a conclusion of fact- not law by which the warrant officer
may be guided in making the SW or
c) when the things described are limited to those which bear direct relation to the offense for
which the warrant is being issued.
pg. 86
Tests on won the SW describes premises with particularity:
a) Won the officer enforcing the SW can with reasonable effort, ascertain and identify the
place intended to be searched.
b) The executing officer’s prior knowledge as to the place is relevant, esp where the executing
officer is the affiant on whose affidavit the warrant has issued, and when he knows that the
judge who issued the warrant intended the building described in the affidavit.
c) The executing officer may look to the affidavit in the official court file to resolve an
ambiguity in the SW as to the place to be searched.
Section 8: search warrant of house, room, or premises to be made in presence of two witnesses
Section 9: time of making search
Search shall only be made on the day and time and purpose indicated in the SW. Beyond that
anything searched and seized is not allowed.
Section 12: delivery of property and inventory thereof to court; return and proceedings thereon
Court approval which issued SW is necessary for the retention of the property seized by the police
and only then will their custody be considered custody of the court.
pg. 87
WARRANTLESS SEARCH AND SEIZURE:
1. Search without warrant of person arrested: search incident to a lawful arrest or valid warrantless
arrest.
- made while a crime is being committed or after its commission.
-GR: in warrantless searches incident to a lawful arrest, the arrest must precede the search which is
merely incidental.
Exp: a search substantially contemporaneous with an arrest can precede the arrest if the police had
probable cause to make the arrest at the outset of the search.
- Totality of circumstance Principle: take all circumstances under which it is effected to justify the
search.
- person illegally detained- consent given during is illegal.
- search under this maybe effected only to that which it is allowed. Thus, may not search something
not consented to by the person searched.
pg. 88
- objects in plain view of an officer who has the right to be in the position to have that view are subject
to seizure and may be presented as evidence.
- Limitation:
a) prior justification for intrusion
b) inadvertent discovery of the evidence
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
d) plain view justified mere seizure of evidence without further search
Discussed:
c) immediate apparent illegality of the evidence before the police only PC and not absolute certainty is
required.
-it must be immediately apparent to the police that the items that they observe may be evidence of a
crime, contraband, or otherwise subject to seizure.
- they must have a clue of what is inside a container ( eg. transparent)
- if there is a need to move objects or open container to find the illegal item, not in plain view.
-Plainview in motor vehicles.
5). Search in the exercise of police authority under customs: in violation of Tariff and Customs Code
- search of premises NOT being a dwelling house
- search of vessel of aircraft ( includes removal of obstruction to discover contents)
- search of fishing vessel ( same as ratio for moving vehicles)
- warrantless SS under Section 80, PD no. 705, Revised Forestry Code of the Philippines, involcing
forest products.
- search of any vehicle, beast, or person
pg. 89
c) where the accused fled when accosted by the police where the accused who were rding a jeep
were stopped and searched by police who received confidential report that suspect would
transport mj.
Total Exclusionary Rule: any evidence obtained in violation of the search and seizure shall be
inadmissible for any purpose in any proceedings.
May be waived when there is no objection on the legality of the SS was raised during the trial of
the case or to the admissibility of the evidence obtained through said warrant.
However, waiver of illegality of arrest or search IS NOT WAIVER to the object to the admissibility
of documentary evidence. Because objections to documentary evidence must be made at the time
it is formally offered in evidence.
Things not specifically mention in the SW must be returned in order to comply with the
constitutional provision regulating the issuance of SW.
Illegality of SW does not call for the return of things seized where the possession of which is
prohibited by law.
The total exclusionary rule may only be invoked against illegal SS BY the govt or its agents.
Where there are conflicting claimants: interpleader is the proper remedy. Initiated by the govt and
is cognizable by court issuing warrant and other branches to which it may be raffled.
pg. 90
Section 14: motion to quash a search warrant or to suppress evidence; where to file
If no case filed yet, judge who issues has jurisdiction even if a complaint is already pending PI
before the prosecutor.
Grant of quashal of the SW will not encroach upon the pending PI. The effect of such quashal ( on
the ground that no offense has been committed) is only to render the evidence obtained by virtue
of the warrant inadmissible for any purpose in any proceeding including PI.
If case is already filed, motion to quash SW may be consolidated with the criminal case. To avoid
conflicting decisions.
Where the court which issued the SW denies the quashal and is not otherwise prevented from
further proceeding thereon, all personal property seized under the SW shall be transmitted by it to
the court where the criminal court is pending.
Court which issued SW is not authorized to rule on ownership of the things seized. If quashal is
granted, the return must be made to those whom those things were seized.
pg. 91