Notes on CLJ 6- Criminal Procedure and Court Testimony

Jayson Vanta
RCrim, MSCJ, CSP, CST, CCPS, CCDS, Juris Doctor (i)
Instructor

General Concepts

CRIMINAL PROCEDURE

 It is the method fixed by law or the Rules of Court for the apprehension and prosecution
of persons accused of any criminal offense and for their punishment in case of conviction.

Criminal Jurisdiction

 The authority to hear and try a particular offense and impose the punishment for it
[People v. Mariano, G.R. No. L-40527 (1976)].

Requisites for a Court to Exercise Jurisdiction:

 Subject Matter Jurisdiction: The offense is one it is authorized by law to take

cognizance of.

 Territorial Jurisdiction: The offense has been committed within its territorial
jurisdiction.

 Jurisdiction over the Person: The person charged must have been brought before it for
trial, forcibly by arrest or upon his voluntary submission to the court.

Note:

 The Supreme Court and the Court of Appeals do not have original jurisdiction in criminal
cases. They have only appellate jurisdiction. The Sandiganbayan, on the other hand, has
both original and appellate jurisdiction in criminal cases.

PROSECUTION OF OFFENSES (RULE 110)

Criminal Actions, How Instituted (Sec. 1, Rule 110)

1. By filing a complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation, where a Preliminary Investigation is required pursuant to Sec. 1 of
Rule 112 (Sec. 1[a], Rule 110).

General Rule:

 Preliminary Investigation is required to be conducted before the filing of a complaint or

information for offenses where the penalty prescribed by law is at least 4 years, 2
months and 1 day without regard to fine (Sec. 1, Rule 112)

Exception:

 When a person is lawfully arrested without a warrant involving an offense which

requires a preliminary investigation, the complaint or information may be filed by a
prosecutor without need of such investigation provided an inquest has been conducted in
accordance with existing rules. In the absence or unavailability of an inquest prosecutor,
the complaint may be filed by the offended party or a peace officer directly with the
proper court on the basis of the affidavit of the offended party or arresting officer or
person (Sec. 7, Rule 112);

1
2. For all other offenses:

 Directly with the Municipal Trial Court and Municipal Circuit Trial Courts or with the
office of the prosecutor;
 In Metro Manila and other chartered cities outside Metro Manila, the complaint shall be
filed with the office of the prosecutor, unless otherwise provided in their charters (Sec.
1[b], Rule 110).
 Proper Officer (Rule 112, Sec. 2).

Persons authorized to conduct the requisite preliminary investigation: (ProNO-CoSpOmP)

 Provincial or city prosecutors and their assistants

 National and regional state prosecutors
 Other officers as may be authorized by law
 Commissions on Elections through its authorized legal officers for all election offenses
punishable under the Omnibus Election Code.
 Lawyers appointed as special prosecutors (Sec.1686, RAC)
 Office of the Ombudsman; or
 PCGG with the assistance of OSG and other government agencies

Complaint vs Information

Complaint

 It is a sworn written statement charging a person with an offense and subscribed by:
(OPO)
 a. The offended party;
 b. Any peace officer (e.g. members of the Constabulary, Police officers, Agents of NBI,
etc.); or,
 c. Other public officer charged with the enforcement of the law violated (e.g. Internal
Revenue Officer for violation of the NLRC, custom agents with respect to violations of
the Tariff and Customs Code) (Rule 110, Sec. 3)

Information

 It is an accusation in writing charging a person with an offense and subscribed by the

prosecutor and filed with the court (Rule 110, Sec. 4)

Note:

 If the original information was signed and filed by one who has no authority to sign and
file the same, the dismissal of the information would not bar subsequent prosecution
under a subsequent valid information. Jeopardy does not attach where an accused pleads
guilty to a defective indictment.

The Complaint or Information shall be: In writing;

 In the name of the People of the Philippines; and,

 Against all persons who appear to be responsible for the offense involved. (Rule 110,
Sec.2)

Crimes that Cannot be Prosecuted de officio

 Private crimes - are those which cannot be prosecuted except upon complaint filed by
the offended party. This legal requirement was imposed out of consideration for the
aggrieved party who might prefer to suffer the outrage in silence rather than go through
the scandal of a public trial (People vs. Yparraguire, G.R. No. 124391, July 5, 2000)

2
Who may File Crimes that Cannot be Prosecuted de officio (ProSta-OmAp)

 Provincial/City Prosecutor;
 Chief State Prosecutor;
 Ombudsman or his deputy(Sec. 4, par 3, Rule 112); or
 Lawyer appointed by Secretary of Justice pursuant to Sec. 1696 of the Revised
Administrative Code, as amended.

Control of Prosecution (Rule 110, Sec. 5)

 All criminal actions commenced by a complaint or information shall be prosecuted under

the direction and control of a public prosecutor.

Sufficiency of Complaint or Information: (Rule 110, Sec. 6)

The complaint or information is sufficient when the following are present:

 The name of the accused (Rule 110, Sec. 7);

 The designation of the offense given by the statute (Rule 110, Sec. 8);
 The acts or omissions complained of constituting the offense (Rule 110, Sec. 8 and 9);
 The name of the offended party (Rule 110, Sec. 12);
 The approximate date of the commission of the offense (Rule 110, Sec. 11); and, 6. The
place where the offense was committed (Rule 110, Sec. 10).

Cause of the Accusation (Rule 110, Sec. 9)

 Acts or omissions complained of as constituting the offense; and,

 Qualifying and aggravating circumstances.

Place of Commission of the Offense(Rule 110, Sec. 10)

 General Rule: The complaint or information is sufficient if it can be understood from its
allegation that the offense was committed or some of its essential ingredients occurred at
some place within the jurisdiction of the court.

 Exception: When the particular place where it was committed constitutes an essential
element of the offense charged or is necessary for its identification, e.g. Theft in National
Library (Art.
 311, RPC).

Date of Commission of the Offense (Rule 110, Sec. 11)

 General Rule: It is not necessary to state the precise date of the commission of the
offense.

 Exception: When it is a material ingredient of the offense, e.g. Interruption of Religious

Worship (Art. 132, RPC).

Name of the Offended Party (Rule 110, Sec. 12)

The complaint or information must state:

 The name and surname of the person against whom or against whose property the offense
was committed; or
 Any appellation or nickname by which such person has been or is known.

3
  If there is no better way of identifying him, he must be described under a fictitious name.

Duplicity of the Offense, Exception (Rule 110, Sec. 13)

 Duplicity is the joinder of two (2) or more distinct and separate offenses in one complaint
or information.
 Under Sec. 13, Rule 110, complaint, or information must charge only one offense except
when the law prescribes a single punishment for various offenses.

General Rule: A complaint or information must charge only one offense.

Exceptions: (CSI-CV)

 Complex crimes;
 Special complex crimes;
 When the other offense stated is only an Ingredient or essential element of the real
offense charged;
 Continuous crime or delito continuado; and,
 Crimes susceptible of being committed in Various modes.

Information (Rule 110, Sec. 14)

AMENDMENT SUBSTITUTION
Definition and con-sequence
An amended information refers to the same Substitution requires or presupposes that the new
offense charged in the original information or to information involves a different offense which does
an offense which necessarily includes or is not include or is not necessarily included in the
necessarily included in the original charge. original charge.
The accused cannot claim double jeopardy.

When made
May be made before or after the defendant At any time before judgment provided double
pleads. jeopardy has NOT attached.

Nature of the changes

Either formal or substantial changes. Necessarily involves a substantial change from the
original charge.

Necessity of leave of court

Amendment, formal or substantial, before plea Substitution of information must be with leave of
has been entered can be effected without leave court as the original information has to be
of court. dismissed.

Necessity of another pre-liminary investigation and retaking of plea

Where the amendment is only as to form, there Another preliminary investigation is required and
is no need for another the accused has to plead anew to the new
preliminary investigation and the retaking of the information.
plea of the accused.

Requisites/ Limitations
1. BEFORE the plea 1. No judgment has yet been rendered;
2. The accused cannot be convicted of an offense
General Rule: WITHOUT leave of charged
court
Exception:

4
Venue of Criminal Actions (Rule 110, Sec. 15) Venue in criminal cases is:

 Jurisdictional;
 Cannot be the subject of agreement; and,
 Ground for motion to quash if erroneously laid.

Intervention of the Offended Party in Criminal Action (Rule 110, Sec. 16)

General Rule: Offended party has the right to intervene by counsel in the prosecution of the
criminal action where the civil action for recovery of civil liability is instituted in criminal action
pursuant to Rule 111.

Exceptions:

1. Where from the nature of the crime and the law defining and punishing it, no civil liability
arises in favor of the offended party; and,
2. Where the offended party has waived his right to civil indemnity OR has expressly reserved
his right to institute a civil action OR has already instituted said action.

PRELIMINARY INVESTIGATION (RULE 112)

Preliminary investigation

 Is an inquiry or proceeding to determine whether there is sufficient ground to engender a

well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.

Nature of Right to Preliminary Investigation

1. General Rule: Not part of the due process clause of the Constitution but is purely statutory
(Kilusang Bayan vs. Domiguez, G.R. No. 150091 April 2, 2007).

Exception: However, if the law provides for preliminary investigation and such right is claimed
by the accused, a denial thereof is a denial of due process and prohibition will lie against the trial
court or if a judgment of conviction has already been rendered, on appeal, the same shall be
reversed and the case remanded for preliminary investigation (Go vs. CA, G.R. No. 101837,
February 11, 1992).

2. Since it is a personal right, the same may be waived expressly or impliedly. If waived, the
fiscal may forthwith file the corresponding information with the proper court (Marinas vs.
Siochi, G.R. No. L-25707, May 14, 1981).
Since the records do not show whether the accused-appellant asked for a preliminary
investigation after the case had been filed in court, as in fact, the accused-appellant signified his
readiness to be arraigned, the Court can only conclude that he waived his right to have a
preliminary investigation, when he did, in fact, pleaded "Not Guilty" upon his
arraignment(People vs. Valencia, G.R. Nos. 94511-13, September 18, 1992).

3. The absence of preliminary investigation does not affect the jurisdiction of the court or
invalidate the information, if no objection was raised by the accused before entry of his plea
(People vs. De Asis, G.R. No. 105581, December 7, 1993).

4. Merely inquisitorial; Not a trial of the case on the merits(De Lima vs. Reyes, G.R. No.
209330, January 11, 2016).

When Preliminary Investigation is Required

5
  General Rule: A preliminary investigation is required to be conducted before the filing
of a complaint or information for an offense where the penalty prescribed by law is at
least 4 years, 2 months and 1 day without regard to the fine.
 Exception: Sec. 7, Rule 112 (upon inquest proceedings, or affidavit of the offended party
or arresting officer or person in lawful warrantless arrests).

Who May Conduct Determination of Existence of Probable Cause

Probable Cause

 Probable cause pertains to facts and circumstances sufficient to support a wellfounded

belief that a crime has been committed and the accused is probably guilty thereof. [Shu
v. Dee, G.R. No. 182573 (2014)]

Quantum of Evidence

 The quantum of evidence now required in PI is such evidence sufficient to “engender a

well founded belief” as to the fact of the commission of a crime and the respondent's
probable guilt thereof. A PI is not the occasion for the full and exhaustive display of the
parties’ evidence. [Estrada v. Ombudsman, G.R. No. 212140 (2015)]

Procedure in conducting Preliminary Investigation:

1. Filing of the complaint;

Documents Accompanying the Complaint

 The affidavits of the complainant;

 The affidavits of his witnesses; and
 Other supporting documents that would establish probable cause (Rule 112, Sec. 3[a]).

The affidavits of the complainant shall be subscribed and sworn to before:

 Any prosecutor;
 Any government official authorized to administer oaths; or
 In the absence or unavailability of the abovementioned, a notary public.

2. Within ten (10) days after the filing of the complaint, the investigating officer shall
either:

 dismiss it if he finds no ground to continue with the investigation; or

 issue a subpoena to the respondent attaching to it a copy of the complaint and its
supporting affidavits and documents;

3. Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits
and documents, the respondent shall submit his counter-affidavit and that of his witnesses and
other supporting documents relied upon for his defense;

4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits

within the ten (10) day period, the investigating officer shall resolve the complaint based on the
evidence presented by the complainant;

5. Clarificatory Hearing

6. Resolution of the Investigating Prosecutor

7. Review of the investigating prosecutor’s resolution by the provincial or city prosecutor or

chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction.

6
8. Review by the Secretary of Justice

9. Issuance of warrant of arrest (Sec. 6, Rule 112, As Amended by A.M. No. 05-8-26-SC)
ARREST (RULE 113)

Arrest

 It is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense (Rule 113, Sec. 1).

When a Person not Formally Arrested but Merely “invited” for Questioning

 If after the officers have determined that a crime has just been committed by the accused,
the use of the term, “invited” in the affidavit of arrest is to be construed as an
authoritative command by the officer for the accused to submit to the custody of the
officer. It is, therefore, an arrest (Pestillos vs. Generoso, G.R. No. 182601, November 10,
2014).

Arrest; How Made (Rule 113, Sec. 2) Modes of Effecting Arrest:

a. By an actual restraint of the person to be arrested; or,

b. By his submission to the custody of the person making the arrest;

 Violence or unnecessary force shall not be used.

 Restraint should not be greater than what is necessary for the accused’s detention.

Arrest is not necessary when the accused voluntarily appears after a complaint in a criminal
action is filed against him and gives bond for his appearance at any time he may be called
(People vs. Joson, G.R. No. 22366, October 07, 1924).

The person to be arrested need not actually be restrained as submission to the custody of the
person making the arrest already constitutes arrest. It is enough that there be an intention on the
part of the parties to arrest the other, and the intent on the part of the other to submit (Ong vs.
People of the Philippines, G.R. No. 197788, February 29, 2012).

Duty of Officer Executing the Warrant (Rule 113, Sec. 3)

 Arrest the accused; and,

 Deliver him to the nearest police station or jail without unnecessary delay.

Additional Duties of Arresting Officer: (InWar-Con)

 To inform person arrested of the reason for the arrest;

 Show warrant of arrest, if any;
 Inform the person of his constitutional rightto remain silent and to counsel and that any
statement he might make could be used against him.(People vs. Lacap, G.R. No. 78730,
March 08, 1989)

Execution of Warrant (Rule 113, Sec. 4)

Duty of Officer to Whom Warrant was Assigned for Execution (ExeRep)

 Cause the execution within 10 days from receipt; and,

 Within 10 days from the expiration of the period to execute, to make a report to the judge
who issued the warrant.

Note: In case of failure to execute, the officer shall state reasons.

7
Unlike a search warrant, the 10-day period stated here is not the lifetime or period of
enforceability of the warrant of arrest.

The warrant of arrest does not become functus officio by the mere lapse of said period and is
enforceable indefinitely until such time as the arrest of the person or persons named therein has
not been effected.

Warrantless Arrest (Rule 113, Sec. 5)

General Rule: A warrant of arrest is necessary before arrest is made.

Note: The Constitutional prohibition against unreasonable arrests, searches and seizures refers to
those effected without warrant (Malacat vs. Court of Appeals, G.R. No. 123595, December 12,
1997).

Exceptions: (In-Hot-E-Abs)

1. In flagrante delicto Arrest

a. When, in the peace officer or private person’s presence, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense (Rule 113, Sec. 5a)
Requisites: (OvPre)

b. the person to be arrested must execute an overt act indicating that he has just committed, is
actually committing, or is attempting to commit a crime; and,

c. such overt act is done in the presence or within the view of the arresting officer (Miclat Jr. vs.
People, G.R. No. 176077, August 31, 2011).

Note: In an arrest in flagrante delicto, mere “suspicion” and “reliable information are not
justification to effect warrantless arrest.

2. Hot Pursuit Rule

 When an offense has just been committed, and the peace officer or private person has
probable cause to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it (Rule 113, Sec. 5b).

3.“Escape” Rule

 When the person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while his case is
pending, or has escaped while being transferred from one confinement to another (Sec. 5
[c], Rule 113).

4.“Abscond” rule

 An accused released on bail may be re- arrested without the necessity of a warrant if he
attempts to depart from the Philippines without permission of the court where the case is
pending (Rule 114, Sec. 23).

Methods of Arrest

a. Arrest by an Officer by Virtue of a Warrant (Rule 113, Sec. 7)

General Rule:

8
The arresting officer shall inform the person to be arrested of:

 the cause of the arrest; and,

 the fact that a warrant has been issued for his arrest .
Exceptions:

 When the person to be arrested flees;

 When the person to be arrested forcibly resists before the officer has opportunity to so
inform him; or,
 When the giving of such information will imperil the arrest

b. Arrest by an Officer Without Warrant (Rule 113, Sec. 8)

General Rule: The officer shall inform the person to be arrested of his authority and the cause of
the arrest.

Exceptions:

 The person arrested is engaged in the commission of an offense;

 He is pursued immediately after its commission;
 He has escaped, flees, or forcibly resists before the officer has opportunity to so inform
him; or,
 When the giving of such information will imperil the arrest.

Period for Officers to Deliver the Person Detained under Art. 125 of the RPC

The person must be delivered to the judicial authorities within the period specified in Art. 125
(Delay in the delivery of detained persons to the proper judicial authorities):

1. 12 hours - Light penalties

2. 18 hours - Correctional penalties
3. 36 hours - Afflictive or capital penalties

Note: The accused should be brought to the prosecutor for inquest proceedings wherein
existence of probable cause will be determined. Then the judge shall issue a commitment order
(order issued by the judge when the person charged with a crime is already arrested or detained)
and not a warrant.

c. Arrest by Private Person(Rule 113, Sec. 9) Citizen’s arrest – arrest effected by a private
person.

General Rule: The private person shall inform the person to be arrested of the:

1. intention to arrest him; and

2. the cause of the arrest.

Exceptions:

1. The person arrested is engaged in the commission of an offense;

2. He is pursued immediately after its commission;
3. He has escaped, flees, or forcibly resists before the officer has opportunity to so inform him;
or,
4. When the giving of such information will imperil the arrest (Rule 113, Sec. 5.)

Requisites of a Valid Warrant of Arrest

1. it must be issued upon "probable cause";

2. probable cause must be determined personally by the judge;

9
3. such judge must examine under oath or affirmation the complainant and the witnesses he may
produce; and,
4. the warrant must particularly describe the place to be searched and the persons or things to be
seized (People vs. Chua, G.R. No. 149878, July 1, 2003)

Note: A warrant of arrest has no expiry date. It remains valid until arrest is effected or warrant is
lifted (Manangan vs. CFI, G.R. No. 82760, Aug. 30, 1990).

Time of Making Arrest (Rule 113, Sec. 6)

 An arrest may be made on any day and at any time of the day or night.

Officer may Summon Assistance (Rule 113, Sec. 10)

 Every person so summoned shall assist the officer in effecting the arrest when he can
render assistance without detriment to himself.

Note: The duty of the person summoned does not arise when rendering assistance would cause
harm to himself.

Right of Officer to Break Into Building or Enclosure (Rule 113, Sec. 11)

Requisites:

1. That the person to be arrested is or is reasonably believed to be in the building or enclosure;

2. That the officer announced his authority and purpose; AND,
3. That the officer has been refused admittance thereto.

Right to Break Out from Building or Enclosure (Rule 113, Sec. 12)

Requisites:

a. An officer has entered the building or enclosure in accordance with Sec. 11 of Rule 113
above; and,
b. Breaking out from the building or enclosure is necessary to liberate himself.

Note: The right to break into and out of a building is NOT extended to a private person even if
his purpose is to make an arrest.

Arrest After Escape or Rescue (Rule 113, Sec. 13)

 Any person may immediately pursue or retake, without a warrant at any time and in any
place within the Philippines, a person who escapes or is rescued.
 The escapee must have been lawfully arrested.

Right of Attorney or Relative to Visit Person Arrested (Rule 113, Sec. 14)

It must be made at the request of the person arrested or of another acting in his behalf. Scope of
the Right

1. To visit; and,
2. To confer privately with such person.

Who is Entitled to this Right?

1. Any member of the Philippine bar; or

2. A relative of the person arrested, subject to reasonable regulations.

10
 BAIL (RULE 114)

Nature of Right to Bail

 Bail is not intended to cover the civil liability of the accused in the same criminal case.
However, it may be applied to the payment of fines and costs while the excess, if any,
shall be returned to the accused or to whoever made the deposit (Rule 114, Sec. 14).
 It is the security given for the release of a person in custody of the law, furnished by him
or a bondsman, to guarantee his appearance before any court as required under the
conditions specified by the rule. (Rule 114, Sec. 1).

Conditions of the bail; requirements (Rule 114, Sec. 2)

All kinds of bail are subject to the following conditions:

1. Effectivity – Effective upon approval, and shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was
originally filed in or appealed to it, UNLESS cancelled.

2. Appearance – The accused shall appear before the proper court whenever required by the
court or these Rules.

3. Trial in absentia – The failure of the accused to appear at the trial without justification and
despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the
trial may proceed in absentia.

4. Duty of bondsman – The bondsman shall surrender the accused to the court for execution of
the final judgment.(Rule 114, Sec. 2)

5. Original papers – These shall state the:

 Full name of the accused;

 Address of the accused;
 Amount of the undertaking;
 Conditions required;
 e. Photographs (passport size) taken within the last 6 months showing the face, left and
right profiles of the accused which must be attached to the bail.

When Bail is a Matter of Right (Rule 114, Sec. 4)

1. Before or after conviction by the MeTC, MTC, MTC in Cities or Municipal Circuit Trial
Court; and,
2. Before conviction by the Regional Trial Court.
3. Bail is a matter of right even prior to conviction for an offense punishable by death, reclusion
perpetua , or life imprisonment when evidence of guilt is not strong(Enrile vs.
Sandiganbayan,G.R. No. 213847, August 18, 2015).

Exception: Where the offense is punishable by death, reclusion perpetua or life imprisonment
AND the evidence of guilt is strong (Rule 114, Sec. 7).

Capital Offense is an offense which, under the law existing at the time of its commission and of
the application for admission to bail, may be punished with death (Rule 114, Sec. 7).

Non-bailable Offense (Rule 114, Sec. 7)

11
  When evidence of guilt is strong, no person charge with a capital offense or an offense
punishable by reclusion perpetua or life imprisonment shall be admitted to bail.

Burden of Proof in Bail Application (Rule 114, Sec. 8)

 The prosecution has the burden of showing that evidence of guilt is strong at the hearing
of an application for bail filed by a person who is in custody for the commission of an
offense punishable by death, reclusion perpetua, or life imprisonment.

Guidelines in Fixing The Amount Of Bail(Rule 114, Sec. 9)

 Excessive bail shall not be required.

 The remedy of the accused where there is excessive bail is a Motion for Reduction of
Bail, which is a litigated motion.

Factors for Fixing Reasonable Amount of Bail (list not exclusive)

 Financial capacity of the accused to give bail;

 Nature and circumstances of the offense;
 Penalty for the offense charged;
 Character and reputation of the accused;
 Age and health of the accused;
 Weight of the evidence against the accused; 7. Probability of the accused appearing at the
 trial;
 Forfeiture of other bail;
 The fact that the accused was a fugitive from justice when arrested; and
 Pendency of other cases where the accused is on bail.

Forms of Bail:

 Corporate surety;
 Property bond;
 Cash deposit; or
 Recognizance.

Arraignment and Plea (Rule 116)

Arraignment

 It is the stage where issues are joined and without which the proceedings cannot advance
further or, if held, will otherwise be void [People v. Albert, G.R. No. 114001 (1995)].

The accused must be informed of:

 The reason for the indictment

 The specific charges the accused is bound to face
 The corresponding penalty for the charges

Plea

 Pertains to the matter which the accused, on his arraignment, alleges in answer to the
charge against him.

1. Searching

 A searching inquiry means more than informing cursorily the accused that he faces a jail
term but so also, the exact length of imprisonment under the law and the certainty that he

12
 will serve time at the national penitentiary or a penal colony [People v. Bello, G.R. No.
130411-14 (1999)]

2. Improvident Plea

 An improvident plea is one without proper information as to all the circumstances

affecting it; based upon a mistaken assumption or misleading information/advice [Black’s
Law Dictionary]
 When Improvident Plea May be Withdrawn At any time before judgment of conviction
becomes final, the court may permit an improvident plea of guilty to be withdrawn and be
substituted by a plea of not guilty [Sec. 5, Rule 116]
 The withdrawal of a plea of guilty is not a matter of right of the accused but of sound
discretion of the trial court [People v. Lambino, G.R. No. L-10875 (1958)]
 The reason for this is that trial has already begun and the withdrawal of the plea will
change the theory of the case and put all past proceedings to waste.

Bill of Particulars (Rule 116, Sec. 9)

 The Rules provide for this remedy to protect the accused from vague and indefinite
allegations in the complaint or information.

Purpose:

 The purpose of the bill of particulars is for the accused to be fully apprised of the true
charges against them, and thus avoid any and all other possible surprise, which might be
detrimental to their rights and interests (People vs. Abad Santos, G.R. No. L-447, June
17, 1946).

Requirements:

 The motion must be made before arraignment;

 It must specify the alleged defects; and,
 It must state the details desired. (Rule 12, Sec. 1)

MOTION TO QUASH (RULE 117)

Motion to Quash

 A motion to quash is the mode by which an accused assails, before entering his plea, the
validity of the criminal complaint or the criminal information filed against him for
insufficiency on its face in point of law, or for defect apparent on the face of the
information. The motion, as a rule, hypothetically admits the truth of the facts spelled out
in the complaint or information(Los Banos vs. Pedro, G.R. No. 173588, April 22, 2009).

General Rule: The court, in resolving the motion, cannot consider facts contrary to those alleged
in the information or which do not appear on the face of the information.

Exception: Those admitted by the prosecution.

When to File (Rule 117, Sec. 1)

General Rule: At any time before entering his plea, the accused may move to quash the
complaint or information.

1. The motion to quash must be filed before the arraignment. Thereafter, no motion to quash can
be entertained by the court.
2. It may even be filed during the preliminary investigation.

13
Exceptions: A motion to quash can be filed and entertained at any stage of the proceeding when:

a. The complaint or information does not charge an offense.

b. The court has no jurisdiction over the offense charged.
c. The offense or penalty has been extinguished.
d. The defendant has been in former jeopardy. (Miranda vs. Sandiganbayan, G.R. No. 154098,
July 27, 2005)

Note: Prescription of the offense as a ground for a motion to quash is not waived as this is a
substantive right.

Form and Contents (Rule 117, Sec. 2)

1. In writing;
2. Signed by the accused or his counsel; 3. Distinctly specify its factual and legal grounds.

Grounds for Motion to Quash (Rule 117, Sec. 3)

General Rule: The court shall consider no ground other than those stated in the motion.

Exception: lack of jurisdiction over the offense charged.

 That the facts charged do not constitute an offense;

 That the court trying the case has no jurisdiction over the offense charged;
 That the court trying the case has no jurisdiction over the person of the accused;
 That the officer who filed the information had no authority to do so;
 That it does not conform substantially to the prescribed form;
 That more than one offense is charged EXCEPT when a single punishment for various
offenses is prescribed by law;
 That the criminal action or liability has been extinguished;
 That it contains averments which, if true, would constitute a legal excuse or
 justification; and,
 That the accused has been previously convicted or acquitted of the offense charged, or the
case against him was dismissed or otherwise terminated without his express consent.

Distinguished From Demurrer To Evidence

MOTION TO QUASH DEMURRER TO EVIDENCE

Filed before the defendant enters his plea. Filed after the prosecution has rested its
case.
Does not go into the merits of the case but is Based upon the inadequacy of the evidence
rather anchored on matters not directly adduced by the prosecution in support of
concerned with the question of guilt or the accusation.
innocence of the accused.

Governed by Rule 117. Governed by Sec. 23, Rule 119.

The motion to quash shall be granted if:

1. The prosecution fails to make the amendment; or,

2. The complaint or information still suffers from the same defect despite the amendment. (Rule
117, Sec. 4)

Double Jeopardy (Rule 117, Sec. 7)

14
  It means that when a person is charged with an offense and the case is terminated either
by acquittal or conviction or in any other manner WITHOUT the consent of the accused,
the latter cannot again be charged with the same or identical offense(Villareal vs. People,
G.R. 151258, February, 1, 2012).

Jeopardy

 refers to peril in which a person is put when he is regularly charged with a crime before a
tribunal properly organized and competent to try him(People vs. Jabajab, G.R. Nos. L-
9238-39, November 13, 1956).

DISMISSAL ACQUITTAL
Does not decide the case on the merits Always based on the merits; that is, the defendant is
or that the defendant is not guilty. acquitted because the evidence does not show
defendant’s guilt beyond reasonable doubt.

Provisional Dismissal (Rule 117, Sec. 8)

Requisites:

 Motion by the prosecution with the express consent of the accused or by the accused
himself, or by both the prosecution and the accused for a provisional dismissal;
 Notice to the offended party of the motion;
 Court issued order granting the motion and dismissing the case provisionally; and,
 Public prosecutor is served with a copy of the order of provisional dismissal of the case
(People vs. Panfilo Lason, G.R. No. 149453, April 1, 2003).

PRE-TRIAL (RULE 118)

Note: Rule 118 has been amended by the Guidelines to be Observed by Trial Court Judges and
Clerks of Court in the Conduct of Pre-trial and Use of Deposition-Discovery Measures (A.M.
No. 03-1-09-SC, effective August 16, 2004).

Where Pre-trial is Mandatory (Rule 118, Sec. 1) In all criminal cases cognizable by the:

 Sandiganbayan;
 Regional Trial Court;
 Metropolitan Trial Court;
 Municipal Trial Court in Cities;
 Municipal Trial Court; 6. Municipal Circuit Trial Court.

Period for Court to Order Pre-trial Conference

General Rule: After arraignment and within 30 days from the date the court acquires jurisdiction
over the person of the accused.

Exception: When a shorter period is provided for in special laws or circulars of the Supreme
Court.(Rule 118, Section 1)

Order for Pre-Trial Conference:

After the arraignment, the Court shall forthwith set the pre-trial conference within thirty (30)
days from the date of arraignment, and issue an order:

 Requiring the private offended party to appear thereat for purposes of pleabargaining
EXCEPT for violations of the Comprehensive Dangerous Drugs Act of 2002, and for
other matters requiring his presence under Sec. 1 of Rule 118;

15
  Referring the case to the Branch Clerk of Court, if warranted, for a preliminary
conference; and,
 The Preliminary Conference shall 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.
 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 (Part I, B[2], A.M. No. 03-1-09-SC)

Matters to be Considered During the PreTrial Conference (Rule 118, Sec. 1)

 Plea bargaining;
 Stipulation of facts;
 Marking for identification of evidence of the parties;
 Waiver of objections to admissibility of evidence;
 Modification of the order of trial if the accused admits the charge but interposes a lawful
defense;
 Such matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.

Duty of the Judge (Part I, B[4], A.M. No. 03-109-SC)

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.

What the Court Should Do When Prosecution and Offended Party Agree to the Plea Offered by
the Accused (Part I, B[3], A.M. No. 03-1-09-SC)

The court shall:

 Issue an order which contains the plea bargaining arrived at;

 Proceed to receive evidence on the civil aspect of the case; and,
 Render and promulgate judgment of conviction, including the civil liability or damages
duly established by the evidence.

Pre-Trial Proper(Part I, B[7 and 9], A.M. No. 03-1-09-SC)

 The judge shall be the one to ask questions on issues raised during the pre-trial. All
questions must be directed to the judge to avoid hostilities between parties.

Pre-Trial Order

It is an order issued by the trial judge within ten (10) days AFTER the termination of the pre-
trial.
Contents of Pre-trial Order (Rule 118, Sec. 4)

 Actions taken;
 Facts stipulated; and
 Evidence marked.

TRIAL (RULE 119)

Trial

16
  Is the examination before a competent tribunal, according to the laws of the land, of the
facts put in issue in a case for the purpose of determining such issue (U.S. vs. Raymundo,
G.R. NO. L-8149, February 15, 1916).
 Trial shall commence within 30 days from receipt of the pre-trial order.
 The accused, after a plea of not guilty, shall have 15 days to prepare for trial (Rule 119,
Sec. 1).
Note: Rule 119 has been amended by the Revised Guidelines for Continuous Trial of Criminal
Cases (A.M. No. 15-06-10-SC , effective September 1, 2017).

When Presence of the Accused is Required (Sec. 14 [2], Art. III, 1987 Constitution):

 At the arraignment and plea;

 At the promulgation of judgment, EXCEPT when the conviction is for a light offense;
 Judgment in light offense may be pronounced in the presence of the counsel or
representative of the accused, but is not indispensable therein, as promulgation may be
made in absentia.
 When ordered by the court for purposes of identification during trial; and,
 When the court, with due notice, requires so (Marcos vs. Ruiz, G.R. Nos. 70746-47, Sept.
1, 1992).

Trial in Absentia

 The holding of trial in absentia is authorized under Section 14 (2), Article III of the 1987
Constitution which provides that "after arraignment, trial may proceed notwithstanding
the absence of the accused provided that he has been duly notified and his failure to
appear is unjustifiable." (Estrada vs. People of the Philippines,G.R. No. 162371. August
25, 2005).

Requisites

 Accused has been arraigned;

 He has been duly notified of the trial; and,
 His failure to appear is unjustified (Gimenez vs. Nazarreno, No. L-37933, April 15,
1988).

Remedies When Accused is NOT Brought to Trial Within the Prescribed Period (Rule 118,
Sec.9)

 The information may be dismissed on motion of the accused on the ground of denial of
his right to speedy trial.
 Dismissal shall constitute double jeopardy.
 The accused must move to dismiss before trial actually commences, otherwise, he waives
such right.

DISMISSAL WITHOUT
DISMISSAL WITH PREJUDICE
PREJUDICE
Allows a new suit to be brought An adjudication on the merits, the final disposition
on the same cause of action. barring the right to bring or maintain an action on the
same claim or cause; res judicata as to every matter
litigated.

Order of Trial (Rule 119, Sec. 11)

 The prosecution shall present evidence to prove the charge and, in the proper case, the
civil liability.
 The accused may present evidence to prove his defense and damages, if any, arising from
the issuance of a provisional remedy in the case.

17
  The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present additional
evidence bearing upon the main issue.
 Upon admission of the evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.
 When the accused admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified.

Application for Examination of Witness for Accused Before Trial (Rule 119, Sec. 12)

 Accused may have witnesses examined conditionally in his behalf, before trial, upon
motion with notice to all other parties.

Examination of Defense Witness (Rule 119, Sec. 13)

 The examination of witnesses must be done orally before a judge in open court. This is
true especially in criminal cases where the Constitution secures to the accused his right to
a public trial and to meet the witnesses against him face to face. The requirement is the
"safest and most satisfactory method of investigating facts" as it enables the judge to test
the witness' credibility through his manner and deportment while testifying. It is not
without exceptions, however, as the Rules of Court recognizes the conditional
examination of witnesses and the use of their depositions as testimonial evidence in lieu
of direct court testimony (Go vs. People, G.R. No. 185527, July 18, 2012).

Face-to-Face Confrontation

 The requirement insures that the witness will give his testimony under oath, thus
deterring lying by the threat of perjury charge; it forces the witness to submit to cross-
examination, a valuable instrument in exposing falsehood and bringing out the truth; and
it enables the court to observe the demeanor of the witness and assess his
credibility."(Bernas, J.G., The 1987 Constitution: A Commentary, 1996 Edition, p. 463,
citing U.S. vs. Anastacio, G.R. No. 2821, August 30, 1906; U.S. vs. Raymundo,[Link].
4947, November 11, 1909; and U.S. vs. Javier,G.R. No. 12990, January 21, 1918)

Demurrer to Evidence (Rule 119, Sec. 23)

 A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence.

It is a remedy available to the defendant, to the effect that the evidence produced by the
plaintiff is insufficient in point of law, whether true or not, to make out a case or sustain
an issue. The question in a demurrer to evidence is whether the plaintiff, by his evidence
in chief, had been able to establish a prima facie case (Republic vs De Borja, G.R.
187448, January 9, 2017).

Demurrer to Evidence in Criminal Cases as Amended by the Revised Guidelines for Continuous
Trial of Criminal Cases (Part III, 13[d], A.M. No. 15-06-10-SC, effective September 1, 2017)

 After the prosecution has rested its case, the court shall inquire from the accused if he/she
desires to move for leave of court to file a demurrer to evidence, or to proceed with the
presentation of his/her evidence.
 If the accused orally moves for leave of court to file a demurrer to evidence, the court
shall orally resolve the same.

JUDGMENT (RULE 120)

It is the adjudication by the court that the accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil liability provided for by law. (Sec. 1, Rule
120)

Requisites of a Judgment:

18
  Written in the official language;
 Personally and directly prepared by the judge;
 Signed by the judge; and,
 Contain a clear and distinct statement of the fact and the law on which it is based.

Jurisdictional Requirements Before a Judgment may be Rendered:

 Jurisdiction over the subject matter;

 Jurisdiction over the territory; and,
 Jurisdiction over the person of the accused. (Antiporda, Jr. vs. Garchitorena, G.R. No.
133289, December 23, 1999)

Contents of Judgment

a. Contents of Judgment of Conviction Rule 120, Sec. 2)

 The legal qualification of the offense constituted by the acts committed by the accused
and the aggravating and mitigating circumstances attending its commission.
 The participation of the accused, whether as principal, accomplice or accessory.
 The penalty imposed upon the accused.
 The civil liability or damages caused by the wrongful act, UNLESS civil action has
been reserved or waived.

b. Contents of Judgment of Acquittal (Rule 120, Sec. 2)

Acquittal – a finding of not guilty based on the merits, that is, the accused is acquitted because
the evidence does not show that his guilt is beyond reasonable doubt, or a dismissal of the case
after the prosecution has rested its case upon motion of the accused on the ground that the
evidence fails to show beyond reasonable doubt that the accused is guilty.

Promulgation of Judgment (Rule 120, Sec. 6)

Promulgation

 Is the official proclamation or announcement of judgment. It consists of reading the

judgment or sentence in the presence of the accused and any judge of the court
rendering the judgment. It is the point of reference when the judgment becomes final.

Modification of Judgment (Rule 120, Sec. 7)

 Upon motion of the accused, a judgment of conviction may be modified or set aside by
the court before it has become final or before an appeal has been perfected.

When A Judgment Becomes Final

 When the period for perfecting an appeal has lapsed.

 When the accused commences to serve sentence.
 When the accused expressly waives in writing his right to appeal.
 When the accused applies for probation, thereby waiving the right to appeal.(Rule 120,
Sec. 7)

MOTION FOR NEW TRIAL OR RECONSIDERATION (RULE 121)

 New trial is rehearing of a case already decided but before the judgment of conviction
therein rendered has become final, whereby errors of law or irregularities are expunged
from the record, or new evidence is introduced, or both steps are taken.

19
  A motion for new trial or reconsideration should be filed with the trial court within 15
days from the promulgation of the judgment.

Note: The filing of the motion for new trial or reconsideration interrupts the period for
perfecting an appeal from the time of its filing until notice of the order overruling the motion
shall have been served upon the accused or his counsel (Rule 121, Sec. 6).
Grounds for New Trial (Rule 121, Sec. 2)

 That errors of law or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial;
 That new and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if introduced
and admitted would probably change the judgment.

Grounds for Reconsideration (Rule 121, Sec. 3)

 Errors of law in the judgment

 Errors of fact in the judgment

Requisites before a New Trial may be Granted on the Ground of Newly- Discovered
Evidence (Rule 121, Sec. 4)

1. It must be in writing.
2. It must be filed with the court.
3. It must state the grounds on which it is based.
4. If the motion for new trial is based on newly discovered evidence, it must be supported by
the affidavits of the witness by whom such evidence is expected to be given, or duly
authenticated copies of documents which it is proposed to introduce in evidence.
5. Notice of the motion for new trial or reconsideration shall be given to the fiscal.

SEARCH AND SEIZURE (RULE 126)

Search warrant

 Is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. (Rule 126, Sec. 1)

Nature of Search Warrant

1. Search warrants are in the nature of criminal process akin to a writ of discovery and may be
invoked only in furtherance of public prosecutions.
2. Search warrants have no relation to civil process or trials.
3. They are not available to individuals in the course of civil proceedings.
4. It is not for the maintenance of any mere private right.
5. It is interlocutory in character – it leaves something more to be done, the determination of the
guilt of the accused (Riano, Criminal Procedure, 2016 Edition, p. 253254).

Where Filed (Rule 126, Sec. 2)

 Any court within whose territorial jurisdiction a crime was committed.

 For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced.
 If the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending.

20
Requisites for Issuing Search Warrant (Rule 126, Sec. 3)

 The warrant must be issued upon probable cause;

 Probable cause must be determined personally by the judge;
 The judge must have personally examined, under oath and affirmation, and in the form
of searching questions and answers, the applicant and his witnesses;
 The warrant must particularly describe the place to be searched and the things to be
seized which may be anywhere in the
 Philippines; and,
 The warrant must be issued for one specific purpose or in connection with one specific
offense.

Personal Examination by the Judge of the Applicant and His Witnesses

Before issuing the warrant:

 The judge must personally examine in the form of searching questions and answers the
complainant and the witnesses he may produce;
 In writing and under oath;
 On facts personally known to them; and,
 Attach to the record their sworn statements, together with the affidavits submitted (Sec.
5, Rule 126).

Right to Break Door or Window to Effect Search (Rule 126, Sec. 7)

 The officer, if refused admittance to the place of directed search after giving notice of
his purpose and authority, may break open any outer or inner door or window of a house
or any part of a house or anything therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully detained therein.

Search of House, Room, or Premise to be Made in Presence of Two Witnesses (Rule 126,
Sec. 8)

No search of a house, room, or any other premises shall be made except in the presence of:

 The lawful occupant thereof; or,

 Any member of his family; or
 In the absence of the latter, two witnesses of sufficient age and discretion residing in the
same locality.

Search Incident to Lawful Arrest (Rule 126, Sec. 13)

A person lawfully arrested may, without search warrant, be searched:

 For dangerous weapons; or,

 Anything which may have been used or which may constitute as proof of the
commission of an offense.

(1) Consented Search

Elements of a Valid Consented Search

To constitute a waiver, it must appear that:

 The right exists;

 The person involved had knowledge, actual or constructive, of the existence of such
rights; and,

21
  There is actual intention to relinquish such rights (People vs. Burgos, GR. No. 92739,
August. 2, 1991).

(2) Search of Moving Vehicle

 Search and seizure without warrant include that of vessels and aircrafts for violation of
the customs laws, including violations of forestry laws. These are the traditional
exceptions to the constitutional requirement of a search warrant. The reason for this is
the ease of moving the vessel/aircraft out of the locality or jurisdiction where the
warrant was secured. In such a case, it would not be practical to acquire a warrant
before the search and seizure could be made (Riano, Criminal Procedure, 2016 Edition,
pp. 283284,)

(3) Check Points; Body Checks in Airport

 A warrantless search conducted at police or military checkpoints has been upheld for as
long as the vehicle is neither searched nor its occupants subjected to body search, and
the inspection of the vehicle is merely limited to visual search (Aniag, Jr. vs.
COMELEC,G.R. No. 104961, October 07, 1994).

(4)Plain View Doctrine

 Under this doctrine, objects within the sight of an officer who has the right to be in a
position to have that view are subject to seizure and may be presented as evidence (i.e.
objects open to the eye and hand).

Elements:

 A prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties;
 The evidence was inadvertently discovered by the police who have the right to be where
they are; and,
 The evidence must be immediately apparent.

(5) Stop and Frisk Situation

 Its object is either to determine the identity of a suspicious individual or to maintain the
status quo momentarily while the police officer seeks to obtain more information. The
officer may search the outer clothing of the person in an attempt to discover weapons
which might be used to assault him. (Terry vs. Ohio, 392 U.S.

Remedies Against an Unlawful Search and Seizure (Rule 126, Sec. 14)

 A motion to quash the search warrant;

 A motion to suppress as evidence the objects illegally taken;
 Certiorari, to nullify the search warrant when it is a patent nullity; and,
 Replevin, if the objects are legally possessed.

Where to File Motion to Quash the Search Warrant (Rule 126, Sec. 14)

 Under the Criminal Case Rule, all the incidents arising from the Search Warrant should
be consolidated in the court where the criminal action has been instituted;
 Under the Alternative Remedy Rule, with the court that issued the search warrant. All
grounds for objection existent or available and known at the time must be invoked.
 Otherwise, they are deemed waived.

22