REVISED RULES OF CRIMINAL PROCEDURE

Rules 110 – 127

• By: JERLEAH REMEDIOS B. RAGASA-SYDIONGCO

• Public prosecutor

• Concept of Criminal Procedure

• CRIMINAL PROCEDURE lays down the processes by which an offender is made to answer for the crime he committed taking into
consideration his right to due process.

• Due Process – is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

• Rule 110 PROSECUTION of Offenses

HOW ARE CRIMINAL ACTIONS INSTITUTED?

• FOR OFFENSES WHERE PRELIMINARY INVESTIGATION (P.I.) IS REQUIRED

By filing the complaint with the proper officer (e.g. Prosecutor, Ombudsman) for the purpose of preliminary investigation.

EXCEPTION: WARRANTLESS ARREST

• Rule 110 PROSECUTION of Offenses

• FOR OFFENSES WHERE NO P.I. REQUIRED

(1) Direct filing with MTC/MCTC or

(2) Filing the complaint with the Office of the Prosecutor.

• In Metropolitan Cities such as Metro Manila, the complaint shall be filed ONLY with the Office of the Prosecutor

• Rule 110 PROSECUTION of Offenses

INFORMATION – A written accusation charging a person with an offense subscribed by the prosecutor and filed with the court

• Rule 110 PROSECUTION of Offenses

• COMPLAINT – sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer or other
public official charged with the enforcement of the law violated.

• Complaint is one directly filed in court

• No P.I. required and not in a City.

• WARRANTLESS ARREST AND NO INQUEST PROSECUTOR AVAILABLE

• INFORMATION – A written accusation charging a person with an offense subscribed by the prosecutor and filed with the court

• Rule 112 Preliminary Investigation

• 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.

• Rule 112 Preliminary Investigation

 WHERE P.I. IS REQUIRED

A P.I. is required before the filing of a complaint or information for all offenses where the penalty prescribed is not less
than 4 years, 2 months and 1 day. (4.2.1)

 WHERE P.I. IS NOT REQUIRED

1. Prescribed penalty ‹ 4.2.1.

2. Lawful warrantless arrest and an inquest is conducted.

• Rule 112 Preliminary Investigation

P.I. IN A NUTSHELL

• 1. COMPLAINT-AFFIDAVIT – w/n 10 days (DISMISS/SUBPOENA)

• 2. SUBPOENA -10 days to file COUNTER-AFFIDAVIT

• 3. COUNTER-AFFIDAVIT

• 4. CLARIFICATORY HEARING (OPTIONAL)- w/n 10 days

• 5. RESOLUTION (DISMISSAL/FOR FILING OF INFORMATION)

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• Rule 112 Preliminary Investigation

INQUEST PROCEEDING

• A formal and summary investigation conducted by an inquest prosecutor in cases where a person has been arrested without a warrant and
made for the purpose of determining whether the warrantless arrest was valid

• Rule 112 Preliminary Investigation

• 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 the arresting officer or person.

• Rule 113 Arrest

ARREST - is the taking of a person into custody in order that he may be bound to answer for the commission of an offense

 HOW IS ARREST MADE?

An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.

• Rule 113 Arrest

 General Rule: No person may be arrested without a warrant.

 EXCEPTIONS:

A peace officer or a private person may, without a warrant, arrest a person:

(1) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(IN FLAGRANTE DELICTO ARREST)

• Rule 113

 General Rule: No person may be arrested without a warrant

• EXCEPTIONS:

A peace officer or a private person may, without a warrant, arrest a person:

(1) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
(IN FLAGRANTE DELICTO ARREST)

• CASE 1 PEOPLE V. RACHO, (2010)

The police officers received information that a man was in possession of illegal drugs and was on board a Genesis bus bound for
Baler, Aurora. The informant added that the

• man was wearing a red and white striped t-shirt. The police officers waited for the bus along the national highway. When the bus arrived,
accused Jack Racho disembarked and waited along the highway for a

tricycle. Suddenly, the police officers approached him and invited him to the police station since he was suspected of having shabu in his
possession. As Racho pulled out his hands from his pocket, a white envelope fell yielding a sachet of shabu.

• In holding that the warrantless search was invalid, this Court observed that Racho was not "committing a crime in the presence of the
police officers" at the time he was apprehended.

• Rule 113 Arrest

CASE 2 PEOPLE V. SOLAYAO (1996)

• The police officers were conducting an intelligence patrol to verify reports on the presence of armed persons within Caibiran. They met a group of
drunk men, one (1) of

• whom was the accused in a camouflage uniform. When the police officers approached, his companions fled leaving behind the accused who was told
not to run away. One (1) of the police officers introduced himself

• and seized from the accused a firearm wrapped in dry coconut leaves. The Court held as valid the warrantless arrest of the accused likewise found
justifiable reason to stop and frisk the accused when "his companions fled upon seeing the government agents."

• Rule 113 Arrest

(2) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that
the person to be arrested has committed it. (HOT PURSUIT ARREST)

• Under this rule, personal knowledge of a crime just committed does not require that the police officer must be actually present at the scene while a
crime was being committed.; it is enough that the arresting officer makes an investigation and exercise reasonable judgment.

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• (3) When the person to be arrested is an escaped prisoner.

• Rule 113 Arrest

PEOPLE OF THE PHILIPPINES v. GERRJAN MANAGO Y ACUT

(G.R. No. 212340, August 17, 2016)

At around 9:30 in the evening of March 15, 2007, PO3 Din personally witnessed a robbery incident. After his brief shootout with the armed
robbers, the latter fled using a motorcycle and a

• red Toyota Corolla. Through an investigation made by the police officers, they were able to ascertain where the robbers were staying and trace the
getaway vehicles to Manago. The next day, or on March 16, 2007, the police officers set up a checkpoint where, at around 9:30 in the evening, the red
Toyota Corolla being driven by Manago

• passed by and was intercepted by the police officers. The police officers then ordered Manago to disembark the car, and from there, proceeded to
search the vehicle and the body of Manago, which search yielded the plastic sachet containing shabu. Thereupon, they effected Manago's arrest.

• Rule 113 Arrest

 RULING:

When the arrest took place A DAY AFTER the commission of the crime, it cannot be said that an offense has just been committed.
Hence, Manago's warrantless arrest, and the search incidental thereto, including that of his moving vehicle were all unreasonable and
unlawful.

• Rule 113 Arrest

 Person caught in flagrante violating municipal or city ordinances may be arrested unless the ordinance is punishable by fine only. (See RA
6036)

• A motorcyclist flagged down by a policeman for not wearing a helmet is not deemed arrested since he was only given a traffic citation and
the penalty for the ordinance is only a fine. Hence the subsequent search of the motorcyclist was illegal and the items seized were
inadmissible in evidence. (Luz v. People, 29 February 2012).

• Rule 113 Arrest

Q: Must the officer have the warrant in his possession at the time of the arrest?

A. No, but if the person arrested so requires, the warrant shall be shown to him as soon as practicable

 Warrants of arrest remain valid until arrest is effected, or the warrant is lifted

 If peace officer is unable to serve warrant 10 days after issuance, he must file a report and explanation with the issuing Judge within 10
days

 Officer may break door or window if admission to building is refused

• Rule 114 Bail

 Bail 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.

 General Rule: All persons are entitled to bail as a matter of right, except those charged with capital offenses and the evidence of guilt is
strong

• Evidence must be strong that the accused is guilty of the capital offense charged, not just of any offense

• Rule 115 Rights of Accused

 In all criminal prosecutions, the accused shall be entitled to be presumed innocent until the contrary is proved beyond reasonable doubt.

 Proof beyond reasonable doubt does not mean such a degree of proof, excluding possibility of error, produces absolute

• certainly. Moral certainly only is required, or that degree of proof which produces conviction in an unprejudiced mind.

• Rule 115 Rights of Accused

• Rights of persons under Custodial Investigation

1. The right to remain silent - a person under investigation has the right to refuse to answer any question. His silence may not be used against him.

2. The right to counsel

3. The right to be informed of his rights

• Rule 126 Search and Seizure

 What is a search warrant? (SW)

• A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace
officer, commanding him to search for personal property described therein and bring it before the court.

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 Objects that may be covered my SW

• (a) Subject of the offense.

• (b) Stolen or embezzled and other proceeds or fruits of the offense.

• (c) Used or intended to be used as the means of committing the offense

• Rule 126 Search and Seizure

• Search Warrant

1. Seizure of personal property

2. Valid only for 10 days from its date

3. May be served only in day time as a rule

4. May issue even if no pending criminal case

5. Personal examination of complainant & witnesses

• ARREST WARRANT

1. Seizure of a person

2. Valid until served

3. Maybe served on any day and any time

4. May issue only if there is a pending criminal case

5. Personal evaluation not examination.

• Rule 126 Search and Seizure

Q: Where is application for search warrant filed?

• (1) Any court within whose territorial jurisdiction a crime was committed.

• (2) For COMPELLING REASONS stated in the application, any court within the judicial region where the crime was committed if the place of
commission known, or any court win the judicial

• region where the warrant shall be enforced.

• (3) However if the criminal action has already been filed, the application shall be made only in the court where the criminal action is
pending.

• Rule 126 Search and Seizure

 General Rule: No search or seizure can be conducted unless it is authorized by a search warrant. Evidence gathered from an illegal search
and seizure is inadmissible.

 EXCEPTIONS

• Consented search;

• As an incident to a lawful arrest;

• Searches of vessels and aircrafts for violation of immigration, customs and drug laws;

• Searches of moving vehicles;

• Where the prohibited articles are in plain view;

• Searches of buildings and premises to enforce fire, sanitary and building regulations;

• “Stop and frisk” operations;

• Exigent and emergency circumstances (in times of war and within the area of military operation)

• Rule 126 Search and Seizure

Q. May a Municipal Trial Court (MTC) issue a search warrant involving an offense in which it has no jurisdiction such as violation of
R.A. 9165?

A. Yes. Nothing in the Rules requires that court issuing the search warrant must also have jurisdiction over the offense. (PEOPLE V.
CASTILLO, 7 Nov 2016)

• Rule 126 Search and Seizure

 Search Warrant shall be conducted in the PRESENCE of:

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 1. Lawful occupant OR

2. Any member of his family OR

3. 2 witnesses of sufficient age and discretion residing in the same place

• Rule 126 Search and Seizure

PROCEDURES IN THE APPLICATION OF SW

1. Complainant files Application, attaches Affidavits

2. Judge conducts ex parte preliminary examination of complainant and witnesses under oath to determine probable cause

3. Judge issues search warrant good for 10 days

3. Law Enforcer implements the Search Warrant and leaves Receipts

4. Law Enforcer files return of search warrant and inventory, and surrenders items seized to the Court.