REVIEWER: RULE 110 – PROSECUTION OF OFFENSES prosecutor is already under an oath of

I. Section 1 – Institution of Criminal Actions office.

• A. Explanation: • B. Important Keywords:
1. This section explains how a criminal o Accusation in writing
case formally begins. o Prosecutor
2. For offenses requiring a Preliminary o Filed with court
Investigation: The action is instituted by o No oath required
filing the complaint with the proper V. Section 5 – Who Must Prosecute Criminal Actions
officer (usually the Prosecutor) for • A. Explanation:
preliminary investigation. 1. General Rule: All criminal actions
3. For offenses NOT requiring a Preliminary prosecuted in court are under the direct
Investigation: The action is instituted control and supervision of the public
either by: a. Filing the complaint or prosecutor.
information directly with the Municipal 2. Private Prosecutor: In the Municipal Trial
Trial Courts or Municipal Circuit Trial Courts (or MCTC), if the public
Courts; or b. Filing the complaint with prosecutor is absent or unavailable, the
the office of the prosecutor (in Manila offended party, any peace officer, or
and other chartered cities). public officer may prosecute. However,
4. Interruption of Prescription: The filing of this ceases once the public prosecutor
the complaint with the prosecutor's appears.
office interrupts the period of 3. Private Crimes (Special Requirements):
prescription (the time limit for the state a. Adultery and Concubinage: Can
to charge a crime). only be prosecuted upon a complaint
• B. Important Keywords: filed by the offended spouse. The
o Institution offended spouse cannot file if they
o Preliminary Investigation consented or pardoned the offenders.
o Complaint All guilty parties must be included. b.
o Prescription Seduction, Abduction, and Acts of
II. Section 2 – The Complaint or Information Lasciviousness: Can only be
• A. Explanation: prosecuted upon a complaint filed by
1. The document charging a person with the offended party, her parents,
a crime must be in writing. grandparents, or guardian (in that order
2. It must be issued in the name of the of preference). c. Defamation (Libel): If
People of the Philippines. the defamation imputes any of the
3. It must be directed against all persons private crimes above, it requires a
who appear to be responsible for the complaint by the offended party.
offense. • B. Important Keywords:
• B. Important Keywords: o Direct control and supervision
o In writing o Public prosecutor
o People of the Philippines o Private crimes
o Against all persons o Adultery and Concubinage
III. Section 3 – Complaint Defined o Seduction
• A. Explanation: o Pardon or Consent
1. A complaint is a sworn written VI. Section 6 – Sufficiency of Complaint or Information
statement. • A. Explanation:
2. It charges a person with an offense. 1. A complaint or information is
3. It is subscribed (signed) by either: a. The considered legally sufficient if it
offended party; b. Any peace officer; or contains the following: a. The name of
c. Other public officer charged with the the accused; b. The designation of the
enforcement of the law violated. offense (the name of the crime given by
• B. Important Keywords: law); c. The acts or omissions
o Sworn written statement complained of (the details of what
o Offended party happened); d. The name of the
o Peace officer offended party; e. The approximate
o Public officer date of the commission; and f. The
IV. Section 4 – Information Defined place where the offense was
• A. Explanation: committed.
1. An information is an accusation in • B. Important Keywords:
writing. o Sufficiency
2. It charges a person with an offense. o Designation
3. It is subscribed (signed) by the o Acts or omissions
prosecutor. o Elements
4. It is filed with the court. VII. Section 7 – Name of the Accused
5. Unlike a complaint, an information does • A. Explanation:
not need to be sworn (no oath required) 1. The complaint/information must state
by the prosecutor because the the name and surname of the accused
(or any appellation known).

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 2. If the name is unknown, the accused ruin the case) as long as the offense is
must be described under a fictitious described correctly to identify the act.
name (e.g., John Doe) with a 3. Crimes against Property: If the true
description. owner is unknown, the property itself
3. Once the true name is discovered, the must be described with particularity.
court must order the insertion of the true • B. Important Keywords:
name in the records. o Name of offended party
• B. Important Keywords: o Not fatal
o Name and surname o Property description
o Fictitious name XIII. Section 13 – Duplicity of the Offense
o True name • A. Explanation:
VIII. Section 8 – Designation of the Offense 1. General Rule: A complaint or
• A. Explanation: information must charge only one
1. The document must state the offense.
designation of the offense usually given 2. Exception: Unless the law prescribes a
by the statute (law). single punishment for various offenses
2. It must also specifically state the acts or (known as complex crimes).
omissions constituting the offense. • B. Important Keywords:
3. It must specify any qualifying and o Duplicity
aggravating circumstances (factors o One offense
that increase the penalty). o Complex crimes
• B. Important Keywords: XIV. Section 14 – Amendment or Substitution
o Designation by statute • A. Explanation:
o Acts or omissions 1. Before Plea: The information may be
o Qualifying circumstances amended in form or substance without
o Aggravating circumstances needing court leave (permission).
IX. Section 9 – Cause of the Accusation 2. After Plea: It can only be amended as
• A. Explanation: to form, and only if: a. Leave of court is
1. The acts or omissions must be described obtained; and b. It does not prejudice
in ordinary and concise language. the rights of the accused.
2. It must be clear enough for a person of 3. Substitution: If it appears a mistake was
common understanding to know: a. made and the proper offense was not
What offense is being charged; and b. charged, the court may dismiss the
To enable the court to pronounce original and allow the filing of a
proper judgment. substituted information, provided the
• B. Important Keywords: accused will not be placed in double
o Cause of accusation jeopardy.
o Ordinary and concise language • B. Important Keywords:
o Common understanding o Amendment
X. Section 10 – Place of Commission of the Offense o Substitution
• A. Explanation: o Before plea
1. The place does not need to be precise. o After plea
2. It is sufficient if it shows that the offense o Form or substance
was committed within the jurisdiction of o Double jeopardy
the court (territory). XV. Section 15 – Place Where Action is to be Instituted
• B. Important Keywords: • A. Explanation:
o Place of commission 1. General Rule: Criminal action is
o Jurisdiction instituted where the offense was
XI. Section 11 – Date of Commission of the Offense committed or where any of its essential
• A. Explanation: ingredients occurred.
1. The precise date is not necessary. It is 2. Exceptions (Venue for specific
enough to say the crime happened "on scenarios): a. Train/Aircraft/Vehicle:
or about" a certain time. Can be filed in any municipality/territory
2. Exception: If the date is a material passed during the trip, including
ingredient of the offense (e.g., Election departure and arrival points. b. Vessel:
Day violence), the precise date must be Can be filed in the first port of entry or
alleged. any municipality passed by the vessel.
• B. Important Keywords: c. Revised Penal Code Art. 2: Crimes
o Precise date not necessary committed outside the Philippines
o Material ingredient (under specific RPC exceptions) can be
XII. Section 12 – Name of the Offended Party filed where the suspect is first arrested or
• A. Explanation: found.
1. The name must be stated. If unknown, • B. Important Keywords:
the person must be described. o Venue
2. Errors in the name: A mistake in the o Essential ingredients
name of the victim is not fatal (does not o Train/Aircraft/Vehicle
o Vessel

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XVI. Section 16 – Intervention of the Offended Party • No counterclaim
• A. Explanation:
1. The offended party (victim) has the right I. Section 2 – When separate civil action is suspended
to intervene in the criminal action A. Explanation
specifically to claim civil liability 1. After Criminal Case is Filed: Once the criminal
(damages). action has been commenced, the separate
2. Exception: They cannot intervene if they civil action (which has been reserved) cannot
have: a. Waived the civil action; b. be instituted until final judgment has been
Reserved the right to file it separately; or rendered in the criminal action.
c. Instituted the civil action prior to the 2. Before Criminal Case is Filed: If the civil action
criminal case. was filed before the criminal action:
• B. Important Keywords: a. The civil action shall be suspended in
o Intervention whatever stage it may be found once the
o Civil liability criminal action is filed.
o Waived b. The suspension lasts until final judgment in the
o Reserved criminal action.
o Instituted 3. Consolidation: The civil action may, upon
motion, be consolidated with the criminal
Rule 111 of the Revised Rules of Criminal Procedure action in the court trying the criminal case.
(Prosecution of Civil Action). a. If consolidated, the civil action is no longer
suspended.
I. Section 1 – Institution of criminal and civil actions b. The evidence already presented in the civil
A. Explanation action shall be deemed reproduced in the
1. General Rule (Deemed Instituted): When a criminal action.
criminal action is instituted (filed), the civil action 4. Independent Civil Actions: This section does not
for the recovery of civil liability arising from the apply to independent civil actions (as defined in
offense is deemed instituted with the criminal Section 3).
action. B. Important Keywords:
2. Exceptions: The civil action is not deemed • Suspended
instituted if the offended party: • Final judgment
a. Waives the civil action; • Consolidation
b. Reserves the right to institute it separately; or • Motion to consolidate
c. Institutes the civil action prior to the criminal • Evidence deemed reproduced
action.
3. Reservation Period: The reservation of the right III. Section 3 – When civil action may proceed
to institute separate civil action shall be made independently
before the prosecution starts presenting A. Explanation
evidence and under circumstances affording 1. Scope: Civil actions based on Articles 32
the offended party a reasonable opportunity to (Constitutional Rights), 33 (Defamation, Fraud,
make such reservation. Physical Injuries), 34 (Refusal of Police/Public
4. Filing Fees: Officer to Render Aid), and 2176 (Quasi-Delicts)
a. No filing fees are required for amounts of of the Civil Code proceed independently of the
actual damages claimed, except in cases of criminal action.
violations of B.P. Blg. 22 (Bouncing Checks Law), 2. No Suspension: These specific civil actions are
where filing fees equivalent to the face value of not suspended by the filing of the criminal
the check must be paid upon filing. action.
b. Fees Required: If the complaint or information 3. Standard of Proof: These independent civil
specifies the amount of moral, nominal, actions require only a preponderance of
temperate, or exemplary damages, the evidence, not proof beyond reasonable doubt.
corresponding filing fees must be paid by the 4. No Double Recovery: The offended party
offended party upon filing. cannot recover damages twice for the same
c. Lien on Judgment: If the amount of damages act or omission.
is not specified in the complaint/information, the B. Important Keywords:
filing fees shall constitute a first lien on the
• Independent civil action
judgment award.
• Article 32, 33, 34, 2176
5. Counterclaims: No counterclaim, cross-claim,
or third-party complaint may be filed by the • Not suspended
accused in the criminal case. These must be • Preponderance of evidence
litigated in a separate civil action. • No double recovery
B. Important Keywords:
• Deemed instituted IV. Section 4 – Effect of death on civil actions
• Waiver A. Explanation
1. Death After Arraignment: If the accused dies
• Reservation
after arraignment and during the pendency of
• Prior institution the criminal action:
• Actual damages a. The civil liability arising from the crime is
• B.P. Blg. 22 extinguished.
• First lien

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 b. However, the independent civil action 1. Definition: A prejudicial question exists when a
instituted under Section 3 or derived from other previously instituted civil action involves an issue
sources of obligation (contracts, etc.) may be similar or intimately related to the issue raised in
continued against the estate or legal the subsequent criminal action.
representative of the accused. 2. Two Essential Elements:
c. The counsel for the accused must inform the a. The civil action involves an issue similar or
court of the death, and the court will order the intimately related to the issue raised in the
legal representative to appear and substitute criminal action; and
the deceased. b. The resolution of such issue determines
2. Death Before Arraignment: If the accused dies whether or not the criminal action may proceed
before arraignment, the case shall be dismissed (i.e., it determines the guilt or innocence of the
without prejudice to any civil action the accused).
offended party may file against the estate of the B. Important Keywords:
deceased. • Previously instituted civil action
B. Important Keywords: • Similar or intimately related
• Death after arraignment • Resolution determines guilt
• Extinguishment • Elements
• Estate
• Legal representative
• Substitution
• Death before arraignment
• Dismissed without prejudice

V. Section 5 – Judgment in civil action not a bar

A. Explanation
1. Civil Judgment Absolving Defendant: A final
judgment in a civil action that absolves (clears)
the defendant of civil liability is not a bar to a
criminal action against the defendant for the
same act or omission subject of the civil action.
2. Effect of Criminal Acquittal: The extinction of
the penal action (acquittal) does not carry with
it the extinction of the civil action.
3. Exception: The civil action is extinguished only if
there is a finding in the final judgment in the
criminal action that the act or omission from
which the civil liability may arise did not exist.
B. Important Keywords:
• Absolves
• Not a bar
• Extinction of penal action
• Act or omission did not exist

VI. Section 6 – Suspension by reason of prejudicial

question
A. Explanation
1. Where to File: A petition for suspension of the
criminal action based on a prejudicial question
may be filed in:
a. The office of the prosecutor; or
b. The court conducting the preliminary
investigation; or
c. The court where the criminal action has been
filed.
2. When to File: The petition must be filed before
the prosecution rests its case.
3. Effect: If granted, the criminal proceedings are
suspended until the issue in the civil case is
resolved.
B. Important Keywords:
• Prejudicial question
• Petition for suspension
• Prosecutor
• Before prosecution rests

VII. Section 7 – Elements of prejudicial question

A. Explanation
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Rule 112 (Preliminary Investigation) of the Rules on the evidence presented by the
Criminal Procedure, presented in the requested format. complainant.
4. Reply: The complainant may file a reply
I. Section 1 – Preliminary Investigation defined; when affidavit if new issues are raised by the
required respondent.
• A. Explanation 5. Hearing (Optional): A hearing is set only
1. Definition: A preliminary investigation is if there are facts that need clarification.
an inquiry or proceeding to determine if It is not a full trial.
there is a well-founded belief that a 6. Resolution: The investigating officer shall
crime has been committed and that determine if there is a valid case within
the respondent is probably guilty of it ten (10) days after the investigation is
and should be held for trial. terminated.
2. When Required: It is mandatory for • B. Important Keywords:
offenses where the penalty prescribed o Complaint
by law is at least four (4) years, two (2) o Affidavits
months and one (1) day without regard o Subpoena
to the fine. o Counter-affidavit
• B. Important Keywords: o Motion to Dismiss (Prohibited)
o Preliminary investigation o Clarificatory hearing
o Well-founded belief o Resolution
o Probably guilty
o At least 4 years, 2 months and 1 day IV. Section 4 – Resolution of investigating prosecutor and
its review
II. Section 2 – Officers authorized to conduct preliminary • A. Explanation
investigations 1. Finding of Probable Cause: If the
• A. Explanation prosecutor finds cause to hold the
1. The following officers may conduct the respondent for trial, they prepare the
investigation: a. Provincial or City Information (charge sheet) and a
Prosecutors and their assistants. b. resolution.
National and Regional State 2. Certification: The Information must
Prosecutors. c. Other officers as may be contain a certification under oath that
authorized by law. the prosecutor personally examined the
2. Their authority implies the power to complainant and witnesses, and that
summon parties and issue subpoenas. there is a ground to hold the accused
• B. Important Keywords: for trial.
o Provincial or City Prosecutors 3. No Probable Cause: If no cause is
o National and Regional State found, the prosecutor recommends the
Prosecutors dismissal of the complaint.
o Authorized officers 4. Prior Authority Required: No complaint
o Subpoena or Information may be filed or dismissed
without the prior written authority or
III. Section 3 – Procedure approval of the Provincial or City
• A. Explanation Prosecutor, or the Chief State
1. Filing: The complaint must be filed with Prosecutor (or the Ombudsman).
the proper officer, accompanied by 5. Review Process: a. If the investigating
the affidavits of the complainant and prosecutor's recommendation is
witnesses, and other supporting reversed by the head prosecutor, the
documents. The number of copies must head prosecutor may file the
match the number of respondents plus Information themselves or designate
two official copies. another assistant to do it. b. The
2. Initial Action (10 Days): Within ten (10) resolution may be appealed to the
days of filing, the investigating officer Secretary of Justice via a Petition for
decides to either: a. Dismiss the Review. c. Filing a petition for review
complaint if there is no ground to does not automatically stop the filing of
continue; or b. Issue a subpoena to the the Information in court unless the
respondent if there is a basis to Secretary of Justice or the President
proceed. explicitly directs it.
3. Counter-Affidavit (10 Days): The • B. Important Keywords:
respondent must submit a counter- o Probable cause
affidavit and witness affidavits within ten o Information
(10) days from receipt of the subpoena. o Certification
a. No Motion to Dismiss: A Motion to o Dismissal
Dismiss is prohibited; typically, it will be o Prior written authority
treated as a counter-affidavit. b. Failure o Petition for Review
to submit: If the respondent fails to o Secretary of Justice
submit a counter-affidavit, the officer
will resolve the complaint based only on V. Section 5 – Resolution of investigating judge and its
review
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 • A. Explanation 3. Request for P.I. (After Filing): If the
1. Note: While largely inactive due to Information is already filed in court, the
updated rules removing the power of accused may ask for a preliminary
MTC judges to conduct P.I., the text of investigation within five (5) days from
the rule remains. the time they learn of the filing.
2. After the investigation, the investigating • B. Important Keywords:
judge transmits the resolution and o Lawful arrest without warrant
records to the Provincial or City o Inquest
Prosecutor. o Waiver
3. The prosecutor reviews the resolution. If o Article 125
the prosecutor disagrees with the o 15 days
judge's findings, the prosecutor serves o 5 days
the findings to the parties and resolves
the case. VIII. Section 8 – Records
4. The finding of the investigating judge is • A. Explanation
not final and is subject to the 1. The record of the preliminary
prosecutor's review. investigation does not form part of the
• B. Important Keywords: record of the case in the Regional Trial
o Investigating judge Court.
o Transmits resolution 2. To be used, the record must be
o Provincial or City Prosecutor introduced as evidence.
o Review 3. However, the warrant of arrest, bail,
order of commitment, and the
VI. Section 6 – When warrant of arrest may issue Information must be transmitted to the
• A. Explanation court.
1. By the Regional Trial Court (RTC): a. • B. Important Keywords:
Within ten (10) days of filing the o Record
Information, the judge personally o Not part of the record
evaluates the resolution and supporting o Introduced as evidence
evidence. b. Options: i. Issue a warrant o Transmitted
of arrest immediately. ii. Dismiss the
case if evidence fails to establish IX. Section 9 – Cases not requiring a preliminary
probable cause. iii. Order the investigation nor covered by the Rule on Summary
prosecutor to present additional Procedure
evidence (to be submitted within 5 • A. Explanation
days) if unsure. 1. Scope: These are cases where the
2. By the Municipal Trial Court (MTC): a. penalty is less than 4 years, 2 months
This applies if a preliminary investigation and 1 day, but are NOT covered by the
was not required (lower offenses). b. The Rule on Summary Procedure (usually
judge personally evaluates the due to the nature of the crime).
evidence and issues a warrant only if 2. Procedure by Prosecutor: The
necessary. Otherwise, a summons is complainant files affidavits with the
issued. prosecutor. The prosecutor may
• B. Important Keywords: summon the respondent. If there is
o Regional Trial Court sufficient ground, the prosecutor files
o Personally evaluates the Information.
o Warrant of arrest 3. Procedure by MTC Judge: If the
o Dismiss complaint is filed directly with the MTC:
o Additional evidence a. The judge acts on the affidavits. b.
o Summons The judge may dismiss strictly or require
counter-affidavits. c. If probable cause
VII. Section 7 – When accused lawfully arrested without exists, the judge issues a warrant (if
warrant necessary) or a summons.
• A. Explanation • B. Important Keywords:
1. Inquest: When a person is lawfully o Less than 4 years 2 months and 1 day
arrested without a warrant (e.g., o Not covered by Summary Procedure
caught in the act), a complaint or o Direct filing
Information may be filed immediately o Affidavits
without a preliminary investigation.
2. Request for P.I. (Before Filing): The
detained person may ask for a
preliminary investigation, but they must
sign a waiver of the provisions of Article
125 of the Revised Penal Code (delay in
delivery of detained persons). This
investigation must be finished within 15
days.

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REVIEWER: RULE 113 – ARREST o Any day
I. Section 1 – Definition of Arrest o Any time
• A. Explanation: Arrest is the act of taking a VII. Section 7 – Method of Arrest by Officer by Virtue of
person into custody so that they may be bound Warrant
to answer for the commission of an offense. • A. Explanation: When an officer arrests someone
• B. Important Keywords: with a warrant, they must inform the person of
o Taking into custody the cause of the arrest and the fact that a
o Answer for an offense warrant has been issued.
II. Section 2 – Arrest; How Made o Exceptions: Information is not required if
• A. Explanation: An arrest is performed in two the person flees, forcibly resists, or if
ways: either by actual restraint of the person or giving the info will imperil the arrest.
by their submission to the custody of the arrester. o Note: The officer does not need the
No violence or unnecessary force should be physical warrant at the time of arrest,
used. The arrested person must not be subjected but must show it as soon as practicable
to more restraint than is necessary for their if requested.
detention. • B. Important Keywords:
• B. Important Keywords: o Inform of cause
o Actual restraint o Fact that warrant issued
o Submission to custody o Exception: Flees, resists, imperils arrest
o No unnecessary force VIII. Section 8 – Method of Arrest by Officer Without
III. Section 3 – Duty of Arresting Officer Warrant
• A. Explanation: It is the duty of the officer • A. Explanation: When an officer arrests someone
executing the warrant to arrest the accused without a warrant, they must inform the person
and deliver him to the nearest police station or of their authority and the cause of the arrest.
jail without unnecessary delay. o Exceptions: Information is not required if
• B. Important Keywords: the person is engaged in the offense, is
o Deliver being pursued immediately, escapes,
o Nearest police station or jail flees, forcibly resists, or if giving the info
o Without unnecessary delay will imperil the arrest.
IV. Section 4 – Execution of Warrant • B. Important Keywords:
• A. Explanation: The head of the office receiving o Inform of authority
the warrant must cause it to be executed within o Cause of arrest
ten (10) days from receipt. Within ten (10) days o Exception: Engaged in offense, pursued
after this period expires, the officer assigned to immediately
execute it must make a report to the issuing IX. Section 9 – Method of Arrest by Private Person
judge. If the officer fails to execute the warrant, • A. Explanation: When a private citizen makes an
they must state the reasons for the failure. arrest, they must inform the person of the
• B. Important Keywords: intention to arrest and the cause of the arrest.
o Execute within 10 days o Exceptions: Information is not required if
o Report within 10 days the person is engaged in the offense, is
o State reasons for failure being pursued immediately, escapes,
V. Section 5 – Arrest Without Warrant; When Lawful flees, forcibly resists, or if giving the info
• A. Explanation: A peace officer or a private will imperil the arrest.
person may arrest someone without a warrant • B. Important Keywords:
only in these three specific instances: o Intention to arrest
1. In Flagrante Delicto: When, in their o Cause of arrest
presence, the person to be arrested has o Private person
committed, is actually committing, or is X. Section 10 – Officer May Summon Assistance
attempting to commit an offense. • A. Explanation: An officer making a lawful arrest
2. Hot Pursuit: When an offense has just may verbally summon as many people as
been committed, and the arrester has deemed necessary to assist in the arrest. Any
probable cause based on personal person summoned must assist provided they
knowledge of facts that the person to can do so without detriment to themselves.
be arrested committed it. • B. Important Keywords:
3. Escaping Prisoner: When the person to o Summon assistance
be arrested is a prisoner who has o Without detriment to himself
escaped from a penal establishment or XI. Section 11 – Right of Officer to Break Into Building or
whilst being transferred. Enclosure
• B. Important Keywords: • A. Explanation: To make an arrest (with or
o In his presence (In Flagrante Delicto) without a warrant), an officer may break into
o Probable cause based on personal any building where the person is (or is
knowledge (Hot Pursuit) reasonably believed to be) if the officer is
o Escaped prisoner refused admittance after announcing their
VI. Section 6 – Time of Making Arrest authority and purpose.
• A. Explanation: An arrest may be made on any • B. Important Keywords:
day and at any time of the day or night. o Break into
• B. Important Keywords: o Refused admittance

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 o Announce authority and purpose
XII. Section 12 – Right to Break Out from Building or
Enclosure
• A. Explanation: If an officer has entered a
building in accordance with Section 11, they
may break out of it if necessary to liberate
himself.
• B. Important Keywords:
o Break out
o Liberate himself
XIII. Section 13 – Arrest After Escape or Rescue
• A. Explanation: If a lawfully arrested person
escapes or is rescued, any person may
immediately pursue and retake them without a
warrant at any time and in any place within the
Philippines.
• B. Important Keywords:
o Escape or rescue
o Retake without warrant
o Any time and place
XIV. Section 14 – Right of Attorney or Relative to Visit
Person Arrested
• A. Explanation: The attorney of the arrested
person has the right to visit and confer privately
with the client in jail or custody at any hour of
the day or night. This right also extends to
relatives within the fourth civil degree of
consanguinity or affinity.
• B. Important Keywords:
o Attorney
o Visit and confer privately
o Any hour
o Relatives (4th civil degree)

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RULE 114: BAIL reclusion perpetua, or life imprisonment
I. Section 1 – Bail Defined AND the evidence of guilt is strong.
• A. Explanation • B. Important Keywords:
o Bail is the security (payment or o • Matter of right
guarantee) provided to the court to o • Before conviction
ensure that a person in custody is o • After conviction (Inferior Courts)
released temporarily. o • Evidence of guilt is strong
o The purpose is to guarantee the V. Section 5 – Bail, When Discretionary
appearance of the accused before • A. Explanation
any court whenever required. o This section applies upon conviction by
o It may take the form of corporate the RTC for offenses not punishable by
surety, property bond, cash deposit, or death, reclusion perpetua, or life
recognizance. imprisonment.
• B. Important Keywords: o Penalty ≤ 6 years: Bail is usually granted.
o • Security o Penalty > 6 years: Bail is discretionary
o • Custody (up to the judge).
o • Release o The court shall deny bail if the accused:
o • Guarantee appearance 1. Is a recidivist or quasi-recidivist.
II. Section 2 – Conditions of the Bail; Requirements 2. Previously escaped
• A. Explanation confinement or evaded
o All bail applications must strictly follow sentence.
certain conditions: 3. Committed an offense while on
1. It must be effective and remain probation or parole.
in force at all stages of the case 4. Is a flight risk.
until legally terminated. 5. Poses a danger to the
2. The original papers must state community.
the full name and address of • B. Important Keywords:
the accused and the o • Discretionary
bondsman. o • Upon conviction (RTC)
3. The accused must appear o • Excess of 6 years
whenever required by the o • Recidivist/Quasi-recidivist
court or regulations. o • Flight risk
4. Failure to appear allows the VI. Section 6 – Capital Offense, Defined
trial to proceed in absentia • A. Explanation
(without the accused). o A capital offense is any crime that,
5. The bondsman must surrender under the law existing at the time of its
the accused if convicted for commission and application for bail,
execution of judgment. may be punished by death.
• B. Important Keywords: • B. Important Keywords:
o • Effective upon approval o • Capital offense
o • Remain in force o • Punished by death
o • Trial in absentia VII. Section 7 – Capital Offense or an Offense Punishable
o • Surrender of accused by Reclusion Perpetua or Life Imprisonment, Not Bailable
III. Section 3 – No Release or Transfer Except on Court • A. Explanation
Order or Bail o If a person is charged with a capital
• A. Explanation offense, reclusion perpetua, or life
o A person under arrest must remain in imprisonment, they generally cannot
custody and cannot be released or post bail.
transferred to another agency unless: o However, bail may be granted ONLY if
1. The court orders the release. the evidence of guilt is NOT strong.
2. The person has been admitted • B. Important Keywords:
to bail. o • Not bailable
• B. Important Keywords: o • Evidence of guilt is strong
o • No release VIII. Section 8 – Burden of Proof in Bail Application
o • Court order • A. Explanation
o • Admitted to bail o When the accused applies for bail in
IV. Section 4 – Bail, a Matter of Right; Exception serious cases (capital/reclusion
• A. Explanation perpetua), the prosecution has the
o Before conviction: Bail is a matter of right burden to prove that the evidence of
for all persons in custody (MTC, MCTC, guilt is strong.
RTC). o This requires a summary hearing. Even if
o After conviction by MTC/MCTC: Bail the prosecution refuses to present
remains a matter of right while evidence, the court must still hear the
appealing. evidence to make a proper
o Exception: Bail is NOT a matter of right if determination.
the offense is punishable by death, • B. Important Keywords:
o • Burden of proof

9
 o • Prosecution XIII. Section 13 – Justification of Sureties
o • Summary hearing • A. Explanation
IX. Section 9 – Amount of Bail; Guidelines o All sureties must justify their solvency
• A. Explanation (ability to pay) through an affidavit
o The judge sets the bail amount based taken before a judge or notary.
on several factors, not arbitrarily. o The court may further examine the
o Factors include: sureties under oath to ensure they are
1. Financial ability of the qualified.
accused. • B. Important Keywords:
2. Nature and circumstances of o • Justification
the offense. o • Affidavit
3. Penalty for the offense. o • Examination on oath
4. Character, reputation, age, XIV. Section 14 – Deposit of Cash as Bail
and health of the accused. • A. Explanation
5. Weight of the evidence against o The accused (or someone else) can
the accused. deposit cash equal to the bail amount
6. Probability of the accused with the nearest collector of internal
appearing at trial. revenue, treasurer, or clerk of court.
7. If the accused is a fugitive o Upon submission of the official receipt,
(reminds court to be stricter). the accused is discharged from
• B. Important Keywords: custody.
o • Financial ability o If convicted, the money helps pay the
o • Nature of offense fine and costs.
o • Character and health • B. Important Keywords:
o • Fugitive o • Cash deposit
X. Section 10 – Corporate Surety o • Official receipt
• A. Explanation o • Discharge
o Bail can be posted by a corporation o • Fine and costs
(like an insurance company). XV. Section 15 – Recognizance
o The corporation must be fully licensed • A. Explanation
and authorized to act as a surety in o Whenever allowed by law or
legal proceedings. ordinance, the court may release the
• B. Important Keywords: accused on recognizance.
o • Corporate surety o This means release to the custody of a
o • Licensed responsible person in the community
XI. Section 11 – Property Bond, How Posted instead of posting cash or property.
• A. Explanation • B. Important Keywords:
o A property bond involves using real o • Recognizance
estate as security. o • Responsible person
o The property must be worth at least the o • Allowed by law
amount of bail. XVI. Section 16 – Bail, When Not Required; Reduced Bail
o The annotation of the bail must be or Recognizance
registered with the Registry of Deeds on • A. Explanation
the property's title. o Bail is not required if the offense is a
o Within 10 days, the accused must violation of an ordinance, a light felony,
submit proof of this registration to the or carries a very low penalty
court. (imprisonment not exceeding 6 months
• B. Important Keywords: and/or fine of P2,000).
o • Property bond o Instead, the accused can be released
o • Real estate on recognizance.
o • Registry of Deeds o If a person is in custody for such a minor
o • Annotation offense and cannot post bail, they
XII. Section 12 – Qualifications of Sureties in Property generally must be released on
Bond recognizance.
• A. Explanation • B. Important Keywords:
o The surety (person putting up the o • Not required
property) must be a resident owner of o • Light felony
real estate within the Philippines. o • Ordinance violation
o The property value must equal the bail o • Inability to post bail
amount (exclusive of XVII. Section 17 – Bail, Where Filed
debts/encumbrances). • A. Explanation
o Sureties must sign an affidavit of o General Rule: Bail is filed with the court
qualification confirming these facts. where the case is pending.
• B. Important Keywords: o If that judge is absent, it can be filed
o • Resident owner with another judge in the same area.
o • Worth the amount of bail
o • Affidavit of qualification

10
 o If the accused is arrested in a different 1. Death of the accused.
province/city, bail can be filed with the 2. Acquittal (found not guilty).
RTC or MTC of that location. 3. Dismissal of the case.
• B. Important Keywords: 4. Execution of the judgment of
o • Where case is pending conviction.
o • Absence or unavailability o It is also cancelled if the bondsman
o • Different province/city surrenders the accused to the court.
XVIII. Section 18 – Notice of Application to Prosecutor • B. Important Keywords:
• A. Explanation o • Cancellation
o The court will not accept a bail o • Death
recommendation unless reasonable o • Acquittal/Dismissal
notice of the hearing has been given to o • Surrender
the prosecutor. XXIII. Section 23 – Arrest of Accused Out on Bail
o Usually, the prosecutor must • A. Explanation
recommend the bail amount. o The bondsman (surety) has the right to
• B. Important Keywords: arrest the accused if they try to flee or
o • Reasonable notice violate conditions.
o • Prosecutor o The bondsman can do this personally or
o • Recommendation give written authority to a police officer
XIX. Section 19 – Release on Bail to arrest the accused and deliver them
• A. Explanation to jail.
o Once the bail is posted and • B. Important Keywords:
requirements met, the accused must be o • Arrest
discharged from custody. o • Bondsman
o The judge issues an order of release. o • Written authority
o All documents regarding the bail must XXIV. Section 24 – No Bail After Final Judgment;
be immediately sent to the court Exception
holding the trial. • A. Explanation
• B. Important Keywords: o General Rule: No bail is allowed after a
o • Discharge judgment has become final.
o • Order of release o Exception: If the accused has applied
o • Forward papers for probation before starting to serve
XX. Section 20 – Increase or Reduction of Bail the sentence, they may be allowed
• A. Explanation temporary liberty under bail.
o Upon application by the prosecution or • B. Important Keywords:
accused, the court can increase or o • Final judgment
reduce the bail amount. o • Probation
o This is done for good cause. o • Temporary liberty
o If increased, the accused must be XXV. Section 25 – Court Supervision of Detainees
detained until the new amount is paid. • A. Explanation
• B. Important Keywords: o The court exercises supervision over all
o • Increase persons in custody.
o • Reduction o Judges conduct monthly inspections of
o • Good cause jails to inquire about the treatment of
XXI. Section 21 – Forfeiture of Bail detainees and ensure rules are
• A. Explanation followed.
o If the accused fails to appear in person • B. Important Keywords:
when required, the bail is forfeited. o • Supervision
o The bondsman (surety) is given 30 days o • Inspection
to: o • Monthly
1. Produce the body of the XXVI. Section 26 – Bail Not a Bar to Objections on Illegal
accused. Arrest, Lack of or Irregular Preliminary Investigation
2. Explain why the accused did • A. Explanation
not appear. o Posting bail does NOT mean the
o If they fail to do this, a judgment is accused admits the arrest was legal.
rendered against the bond for the o The accused can still object to an illegal
amount pledged. arrest or lack of preliminary
• B. Important Keywords: investigation, provided they raise the
o • Forfeiture objection before entering their plea.
o • Fail to appear o If they plead (saying "guilty" or "not
o • 30 days guilty") without objecting, they waive
o • Produce the body this right.
o • Judgment • B. Important Keywords:
XXII. Section 22 – Cancellation of Bail o • Not a bar
• A. Explanation o • Illegal arrest
o Bail is cancelled upon application or o • Before plea
automatically in these cases: o • Waiver

11
REVIEWER: RULE 115 – RIGHTS OF ACCUSED him (it cannot be taken as an admission
I. Section 1(a) – Presumption of Innocence of guilt).
• A. Explanation • B. Important Keywords:
1. In all criminal prosecutions, the accused o Testify as witness
is presumed innocent until the contrary o Own behalf
is proved. o Subject to cross-examination
2. To overcome this presumption, the o Silence
prosecution must prove the guilt of the o No prejudice
accused beyond reasonable doubt.
• B. Important Keywords: V. Section 1(e) – Right Against Self-Incrimination
o Presumed innocent • A. Explanation
o Proof beyond reasonable doubt 1. The accused is exempt from being
compelled to be a witness against
II. Section 1(b) – Right to Information himself.
• A. Explanation 2. This protects the accused from being
1. The accused has the right to be forced to provide testimonial evidence
informed of the nature and cause of the that may incriminate him.
accusation against him. • B. Important Keywords:
2. This ensures the accused understands o Exempt
the charges and can prepare an o Witness against himself
adequate defense. o Self-incrimination
• B. Important Keywords:
o Informed VI. Section 1(f) – Right to Confrontation
o Nature and cause of accusation • A. Explanation
1. The accused has the right to confront
III. Section 1(c) – Right to Presence and Counsel and cross-examine the witnesses
• A. Explanation against him at the trial.
1. Presence: The accused has the right to 2. Unavailable Witnesses: Either party may
be present and defend in person and utilize the testimony of a witness who is
by counsel at every stage of the trial deceased, out of or cannot with due
(from arraignment to promulgation of diligence be found in the Philippines,
judgment). unavailable, or otherwise unable to
2. Waiver: The accused may waive his testify, provided that: a. The testimony
presence at the trial pursuant to the was given in another case or
stipulations set in the bail, unless his proceeding (judicial or administrative).
presence is specifically required by the b. The case involved the same parties
court for identification purposes. and subject matter. c. The adverse
3. Trial in Absentia: The trial may proceed party had the opportunity to cross-
even in the absence of the accused, examine the witness in that prior
provided that three requisites are met: proceeding.
a. The accused has been arraigned. b. • B. Important Keywords:
The accused has been duly notified of o Confront witnesses
the trial. c. The failure of the accused to o Cross-examine
appear is unjustifiable. o Deceased or unavailable witness
• B. Important Keywords: o Same parties and subject matter
o Present and defend o Opportunity to cross-examine
o Counsel
o Waiver of presence VII. Section 1(g) – Right to Compulsory Process
o Identification • A. Explanation
o Trial in absentia 1. The accused has the right to
o Arraigned, Notified, Unjustifiable failure compulsory process to secure two
to appear things: a. The attendance of witnesses in
his behalf. b. The production of other
IV. Section 1(d) – Right to Testify evidence in his behalf.
• A. Explanation • B. Important Keywords:
1. The accused has the right to testify as a o Compulsory process
witness in his own behalf. o Attendance of witnesses
2. Cross-Examination: If the accused o Production of evidence
chooses to testify, he may be cross-
examined on matters covered by his VIII. Section 1(h) – Right to Speedy Trial
direct examination. • A. Explanation
3. Silence: The accused generally is 1. The accused is entitled to a speedy,
exempt from being compelled to be a impartial, and public trial.
witness against himself. • B. Important Keywords:
4. No Prejudice: His silence or refusal to o Speedy
testify shall not in any manner prejudice o Impartial
o Public

12
IX. Section 1(i) – Right to Appeal
• A. Explanation
1. The accused has the right to appeal in
all cases allowed and in the manner
prescribed by law.
• B. Important Keywords:
o Appeal
o Prescribed by law

13
REVIEWER: RULE 116 (ARRAIGNMENT AND PLEA)
I. Section 1 – Arraignment and Plea; How Made IV. Section 4 – Plea of Guilty to Non-Capital Offense;
• A. Explanation Reception of Evidence, Discretionary
1. Venue and Presiding Officer: The • A. Explanation
arraignment must be conducted in 1. Discretionary Power: If the accused
open court where the case is assigned. pleads guilty to a non-capital offense,
It is done by the judge or clerk of court. the court has the discretion (option) to
2. Process: a. The complaint or information receive evidence.
is furnished to the accused (they get a 2. Purpose: The purpose of receiving
copy). b. The charge is read to the evidence here is solely to determine the
accused in a language or dialect penalty to be imposed.
known to him. c. The accused is asked • B. Important Keywords:
whether he pleads guilty or not guilty. o Non-capital offense
3. Requirements: The accused must be o Discretion
present personally during the plea. The o Receive evidence
accused must also be represented by a o Determine penalty
counsel.
• B. Important Keywords: V. Section 5 – Withdrawal of Improvident Plea of Guilty
o Open court • A. Explanation
o Judge or clerk of court 1. Withdrawal: The court may permit the
o Furnishing the information accused to withdraw a plea of guilty
o Language or dialect known and substitute it with a plea of not guilty.
o Personally present 2. Timing: This must be done at any time
o Counsel before the judgment of conviction
becomes final.
II. Section 2 – Plea of Guilty to a Lesser Offense • B. Important Keywords:
• A. Explanation o Withdraw
1. Concept: The accused may plead o Substitute
guilty to an offense that is lesser than o Not guilty
the one charged, provided the lesser o Before judgment becomes final
offense is necessarily included in the
original charge. VI. Section 6 – Duty of Court to Inform Accused of His
2. Timing: This plea can be made at Right to Counsel
arraignment or even after arraignment • A. Explanation
but before trial begins. 1. Duty to Inform: Before arraignment, the
3. Required Consents: The plea to a lesser court must inform the accused of his
offense requires the consent of two right to a counsel of his own choice.
parties: a. The offended party; and b. 2. Inquiry: The court must ask the accused
The prosecutor. if he desires a counsel.
• B. Important Keywords: 3. Indigency: If the accused desires a
o Lesser offense counsel but cannot afford one (is
o Necessarily included indigent), the court must assign a
o Consent counsel de oficio to defend him.
o Offended party • B. Important Keywords:
o Prosecutor o Before arraignment
o Right to counsel
III. Section 3 – Plea of Guilty to Capital Offense; Reception o Own choice
of Evidence o Indigent
• A. Explanation o Counsel de oficio
1. Mandatory Duties of the Court: When an
accused pleads guilty to a capital VII. Section 7 – Appointment of Counsel De Oficio
offense, the court cannot simply • A. Explanation
accept the plea. The court must: a. 1. Qualification 1 (Primary): The court shall
Conduct a searching inquiry into the consider members of the bar in good
voluntariness and full comprehension of standing.
the consequences of the plea. b. 2. Qualification 2 (Secondary): If no lawyer
Require the prosecution to prove his is available, the court may appoint any
guilt and the precise degree of person who is a resident of the province
culpability. c. Allow the accused to and of good repute for probity and
present evidence in his behalf. ability to defend the accused.
• B. Important Keywords: • B. Important Keywords:
o Capital offense o Members of the bar
o Searching inquiry o Good standing
o Voluntariness o Resident of the province
o Full comprehension o Good repute
o Prove guilt o Ability to defend
o Degree of culpability

14
VIII. Section 8 – Time for Counsel De Oficio to Prepare for petition for review of the prosecutor's
Arraignment resolution is pending at either the
• A. Explanation Department of Justice or the Office of
1. Preparation Time: The court must give the President.
the counsel de oficio a reasonable time 2. Time Limit: For the third ground (Petition
to prepare for the arraignment. for Review), the suspension shall not
2. Minimum Duration: The court also allows exceed sixty (60) days from the filing of
a designated period for preparation, the petition.
which shall not be less than one (1) hour, • B. Important Keywords:
unless the counsel agrees to a shorter o Suspension
period. o Unsound mental condition
• B. Important Keywords: o Prejudicial question
o Reasonable time o Petition for review
o Prepare o Sixty (60) days
o One (1) hour

IX. Section 9 – Bill of Particulars

• A. Explanation
1. Motion: The accused may move for a
bill of particulars before arraignment.
2. Grounds: The motion aims to clarify
alleged defects in the complaint or
information that prevent the accused
from pleading properly or preparing for
trial.
3. Content: The motion must specify the
alleged defects and the details desired.
• B. Important Keywords:
o Bill of particulars
o Before arraignment
o Defects
o Prepare for trial
o Details desired

X. Section 10 – Production or Inspection of Material

Evidence in Possession of Prosecution
• A. Explanation
1. Motion: Upon motion of the accused,
the court may order the prosecution to
produce and permit the inspection and
copying or photographing of evidence.
2. Scope: This covers written statements,
photographs, voluntary confessions,
tape recordings, or similar evidence.
3. Purpose: This is allowed if the evidence
is material to the defense, to prevent
surprise or the suppression of evidence.
• B. Important Keywords:
o Motion
o Inspection and copying
o Possession of prosecution
o Material to defense
o Prevent surprise
o Suppression of evidence

XI. Section 11 – Suspension of Arraignment

• A. Explanation
1. Grounds for Suspension: Arraignment
can only be suspended for the following
reasons: a. Unsound Mind: The accused
appears to be suffering from an
unsound mental condition (rendering
him unable to fully understand the
charge). b. Prejudicial Question: There is
a prejudicial question that determines
whether the criminal action can
proceed. c. Petition for Review: A

15
REVIEWER: RULE 117 – MOTION TO QUASH amendment, the court shall not dismiss
I. Section 1 – Time to move to quash the case immediately.
• A. Explanation 2. Instead, the court shall order that the
1. The accused generally has a specific amendment be made.
window of time to file a Motion to 3. The motion to quash will only be
Quash. granted if the prosecution fails to make
2. This motion must be filed at any time the amendment within the time fixed by
before entering his plea. the court.
• B. Important Keywords: • B. Important Keywords:
o Motion to Quash o Defect
o Before entering his plea o Cured by amendment
II. Section 2 – Form and contents o Order the amendment
• A. Explanation o Fails to make the amendment
1. The motion must be in writing. V. Section 5 – Effect of sustaining the motion to quash
2. It must be signed by the accused or his • A. Explanation
counsel. 1. If the motion is sustained (granted), the
3. It must distinctly specify the factual and court may dismiss the complaint or
legal grounds supporting the motion. information.
• B. Important Keywords: 2. However, if the ground used was that
o In writing the facts do not constitute an offense,
o Signed the court may order another complaint
o Factual and legal grounds or information to be filed.
III. Section 3 – Grounds 3. If such an order is made, the accused
• A. Explanation The accused may move to quash shall remain in custody (unless admitted
the complaint or information on any of the to bail) to await the filing of the new
following grounds: information.
1. The facts charged do not constitute an 4. If no order is made, or if the new
offense. information is not filed within the
2. The court trying the case has no specified time, the accused must be
jurisdiction over the offense charged. discharged.
3. The court trying the case has no • B. Important Keywords:
jurisdiction over the person of the o Sustained
accused. o Dismiss
4. The officer who filed the information o Order another complaint
had no authority to do so. o Remain in custody
5. The document does not conform o Discharged
substantially to the prescribed form. VI. Section 6 – Order sustaining the motion to quash not
6. More than one offense is charged a bar to another prosecution; exception
(except when a single punishment for • A. Explanation
various offenses is prescribed by law). 1. General Rule: An order sustaining the
7. The criminal liability or action has been motion to quash is not a bar to another
extinguished. prosecution for the same offense.
8. It contains averments which, if true, (Meaning, the government can file the
would constitute a legal excuse or case again).
justification. 2. Exceptions: The order bars further
9. The accused has been previously prosecution if the motion was based on
convicted or acquitted of the offense the grounds that: a. The criminal liability
charged, or the case against him was or action has been extinguished
dismissed or otherwise terminated (Section 3g). b. Double Jeopardy exists
without his express consent (Double (Section 3i).
Jeopardy). • B. Important Keywords:
• B. Important Keywords: o Not a bar
o Do not constitute an offense o Another prosecution
o No jurisdiction (offense or person) o Exception
o No authority o Extinguished
o Prescribed form o Double Jeopardy
o More than one offense VII. Section 7 – Former conviction or acquittal; double
o Extinguished jeopardy
o Legal excuse or justification • A. Explanation
o Double Jeopardy 1. Double Jeopardy applies when the
IV. Section 4 – Amendment of the complaint or following requisites are met: a. A valid
information complaint or information or other formal
• A. Explanation charge sufficient in form and substance
1. If the motion to quash is based on an to sustain a conviction. b. Filed before a
alleged defect in the complaint or court of competent jurisdiction. c. The
information which can be cured by accused has been arraigned and has
pleaded to the charge. d. The accused

16
 was convicted or acquitted, or the case charged. c. The criminal action or
was dismissed/terminated without his liability has been extinguished. d.
express consent. Double Jeopardy.
2. If these conditions are met, the • B. Important Keywords:
conviction, acquittal, or dismissal is a o Deemed waived
bar to another prosecution for: a. The o Exceptions
offense charged. b. An attempt to o No offense charged
commit the said offense. c. A frustration o Lack of jurisdiction over offense
of the said offense. d. Any offense o Extinguished
which necessarily includes or is o Double Jeopardy
necessarily included in the offense
charged.
3. Exception (Supervening Event):
Conviction for the lighter offense allows
prosecution for the graver offense if the
graver offense developed due to
supervening facts arising from the same
act or omission constituting the former
charge.
4. However, if the facts constituting the
graver charge were already known or
discoverable during the first plea, the
exception does not apply.
• B. Important Keywords:
o Valid complaint
o Competent jurisdiction
o Arraigned and pleaded
o Without express consent
o Bar to another prosecution
o Supervening facts
VIII. Section 8 – Provisional dismissal
• A. Explanation
1. A case may be provisionally dismissed
(temporarily dismissed) if: a. The
accused gives express consent. b. The
offended party is given notice.
2. The provisional dismissal becomes
permanent (automatic dismissal) after
the following periods: a. One (1) year:
For offenses punishable by
imprisonment not exceeding six (6)
years or a fine of any amount. b. Two (2)
years: For offenses punishable by
imprisonment of more than six (6) years.
3. The period is counted from the issuance
of the order without the case having
been revived.
• B. Important Keywords:
o Provisional dismissal
o Express consent
o Notice
o Permanent
o One year
o Two years
o Revived
IX. Section 9 – Failure to move to quash or to allege any
ground therefor
• A. Explanation
1. General Rule: If the accused fails to
assert any ground for a motion to quash
before he pleads to the complaint or
information, that ground is deemed
waived.
2. Exceptions: The following grounds are
never waived (even if not raised before
the plea): a. The facts charged do not
constitute an offense. b. The court has
no jurisdiction over the offense
17
Reviewer: Rule 118 – Pre-Trial trial conference generally cannot be used
I. Section 1 – Pre-trial; mandatory in criminal cases against the accused unless it meets two specific
A. Explanation conditions: a. It must be reduced to writing. b. It
1. Mandatory Nature: In all criminal cases must be signed by the accused AND counsel.
cognizable by the Sandiganbayan, Regional 2. Consequence: If the agreement is not written
Trial Court (RTC), Metropolitan Trial Court (MeTC), and signed by both the accused and the
Municipal Trial Court in Cities (MTCC), Municipal counsel, it is inadmissible against the accused.
Trial Court (MTC), and Municipal Circuit Trial B. Important Keywords:
Court (MCTC), the holding of a pre-trial is • Reduced to writing
mandatory. • Signed by the accused
2. Timeline: The court must order the pre-trial to be • Signed by counsel
held after arraignment and within thirty (30) • Admissibility against the accused
days from the date the court acquires
jurisdiction over the person of the accused. V. Section 5 – Pre-trial order
B. Important Keywords: A. Explanation
• Mandatory 1. Issuance: After the pre-trial conference, the
• After arraignment court must issue an order reciting: a. The actions
• Within thirty (30) days taken. b. The facts stipulated. c. The evidence
• Jurisdiction over the person marked.
2. Effect of the Order: This order binds the parties. It
II. Section 2 – Things to be considered strictly limits the trial to the matters not disposed
A. Explanation During the pre-trial conference, the court of during the pre-trial.
and the parties must consider the following matters: 3. Modification: The pre-trial order controls the
1. Plea Bargaining: The possibility of the accused course of the action during the trial, unless the
pleading guilty to a lesser offense. court modifies it to prevent manifest injustice.
2. Stipulation of Facts: Agreeing on facts so they do B. Important Keywords:
not need to be proven during trial. • Pre-trial order
3. Marking of Evidence: Identifying and marking • Binds the parties
evidence for the parties. • Limits the trial
4. Waiver of Objections: Waiving objections to the • Control the course of action
admissibility of evidence.
• Prevent manifest injustice
5. Order of Trial: Modifying the standard order of
trial if necessary.
6. Other Matters: Any other issues that may
promote a fair and expeditious trial or resolve
the case civilly.
B. Important Keywords:
• Plea bargaining
• Stipulation of facts
• Marking for identification
• Waiver of objections
• Fair and expeditious trial

III. Section 3 – Non-appearance at pre-trial conference

A. Explanation
1. Counsel and Prosecutor: If the counsel for the
accused or the prosecutor fails to appear at the
pre-trial without a valid excuse, the court may
impose proper sanctions or penalties (e.g.,
reprimand, fine, or imprisonment).
2. Effect of Lack of Cooperation: If the accused or
their counsel fails to cooperate, it does not stop
the proceedings. The agreement or admissions
made will still be valid, provided strictly that the
requirements of Section 4 (written and signed)
are met.
B. Important Keywords:
• Non-appearance
• Sanctions or penalties
• Counsel for the accused
• Prosecutor
• Lack of cooperation

IV. Section 4 – Pre-trial agreements

A. Explanation
1. Requirements for Validity: Any agreement or
admission made or entered into during the pre-
18
REVIEWER: RULE 119 – TRIAL
I. Section 1 – Time to Prepare for Trial V. Section 5 – Examination of Defense Witness; How
• A. Explanation: Made
o After the accused pleads "not guilty," • A. Explanation:
they must be given at least fifteen (15) o The conditional examination
days to prepare for trial. (deposition) of the defense witness is
o The trial itself must begin within thirty (30) taken before the judge or a court-
days from the time the court receives appointed member.
the pre-trial order. o The accused and their counsel must be
• B. Important Keywords: present to ensure the right to confront
o • 15 days (preparation) and cross-examine is preserved if the
o • 30 days (commencement) prosecution chooses to attend.
o • Pre-trial order • B. Important Keywords:
o • Before the judge
II. Section 2 – Continuous Trial Until Terminated; o • Presence of accused
Postponements
• A. Explanation: VI. Section 6 – Bail to Secure Appearance of Material
o Once the trial begins, it must continue Witness
day to day until it is finished. • A. Explanation:
o Postponements are generally o If the court believes a material witness
prohibited and only allowed for a may not appear at trial, it can order the
reasonable period upon good cause. witness to post bail.
o The total trial period shall not exceed o If the witness cannot post bail, the court
180 days from the first day of trial, unless may detain them or take their
authorized by the Supreme Court. deposition immediately and then
• B. Important Keywords: release them.
o • Continuous trial • B. Important Keywords:
o • Good cause o • Material witness
o • 180 days o • Bail
o • Security for appearance
III. Section 3 – Order of Trial
• A. Explanation: VII. Section 7 – Examination of Witness for the Prosecution
o The trial follows a specific sequence: • A. Explanation:
1. Prosecution presents evidence o Similar to Section 4, but for the
to prove the charge and civil prosecution. If a prosecution witness is
liability. too sick, infirm, or leaving the country
2. Accused presents evidence to (100km rule may apply in practice),
prove their defense and their testimony can be taken
damages. conditionally.
3. Prosecution presents rebuttal o The accused must be notified and
evidence. allowed to attend to exercise the right
4. Accused presents sur-rebuttal to cross-examine.
evidence. • B. Important Keywords:
o Exception (Reverse Trial): If the accused o • Prosecution witness
admits the act but claims a lawful o • Cross-examination
defense (e.g., self-defense), the order is
reversed, and the accused presents VIII. Section 8 – Admissibility of Testimony
evidence first. • A. Explanation:
• B. Important Keywords: o The depositions taken under Sections 4
o • Prosecution first and 7 are only admissible at the actual
o • Rebuttal trial if the witness is dead,
o • Sur-rebuttal incapacitated, prevented from
o • Reverse trial (admission of act) attending, or has permanently left the
Philippines.
IV. Section 4 – Application for Examination of Witness for • B. Important Keywords:
Accused Before Trial o • Admissibility
• A. Explanation: o • Dead or incapacitated
o If a defense witness is sick, infirm, or o • Permanent absence
about to leave the Philippines with no
definite return date, the accused can IX. Section 9 – Remedy Where Accused is Not Brought to
ask the court to examine (depose) Trial Within Time Limit
them conditionally before the trial to • A. Explanation:
preserve their testimony. o If the accused is not brought to trial
• B. Important Keywords: within the time limits set by Rule 119 and
o • Conditional examination the Speedy Trial Act, the information
o • Sick or infirm may be dismissed upon motion of the
o • Leaving the Philippines accused.

19
 o This dismissal usually operates as an o The court may also exclude the public
acquittal (Double Jeopardy attaches) during the testimony of a minor
unless the delay was justifiable. victim/witness in sensitive cases.
• B. Important Keywords: • B. Important Keywords:
o • Dismissal o • Exclusion of public
o • Speedy trial violation o • Offensive to decency
o • Motion of accused o • Public morals

X. Section 10 – Law on Speedy Trial XV. Section 15 – Exclusion of Witnesses

• A. Explanation: • A. Explanation:
o This section explicitly adopts the o The court may order witnesses to be
provisions of Republic Act No. 8493 excluded from the courtroom so they
(Speedy Trial Act of 1998) regarding cannot hear the testimony of other
time limits, exclusions of delay (e.g., witnesses.
delay due to other proceedings, o Exception: This does not apply to the
absence of accused), and sanctions. accused (who has a right to be
• B. Important Keywords: present).
o • RA 8493 • B. Important Keywords:
o • Time limits o • Exclusion of witnesses
o • Exclusions o • Cannot hear testimony

XI. Section 11 – Order of Trial (Separate Trials) XVI. Section 16 – Trial of Accused Under Detention
• A. Explanation: • A. Explanation:
o Normally, when two or more accused o The trial of a detained accused takes
are jointly charged, they are tried precedence (priority) over other cases.
jointly. o If the detained accused is not brought
o However, the court may, in its to trial within the prescribed period
discretion, order separate trials for one without valid justification, the
or more accused upon motion of the information may be dismissed.
fiscal (prosecutor) or the defense. • B. Important Keywords:
• B. Important Keywords: o • Priority
o • Joint trial (General Rule) o • Detained accused
o • Separate trial (Exception)
XVII. Section 17 – Discharge of Accused to be State
XII. Section 12 – Consolidation of Trials of Related Witness
Offenses • A. Explanation:
• A. Explanation: o The court may discharge one or more
o The court may consolidate (combine) accused to be a witness for the State
the trials of charges for offenses (prosecution) if the following requisites
founded on the same facts or forming are met:
part of a series of acts constituting 1. Absolute necessity for the
connected offenses. testimony.
• B. Important Keywords: 2. There is no other direct
o • Consolidation evidence available.
o • Same facts 3. Testimony can be substantially
o • Connected offenses corroborated.
4. The accused does not appear
XIII. Section 13 – Appointment of Acting Prosecutor to be the most guilty.
• A. Explanation: 5. The accused has not been
o If the regular prosecutor is disqualified, convicted of a crime involving
sick, or absent, and there is no deputy moral turpitude.
available, the court may appoint a • B. Important Keywords:
private prosecutor or a lawyer to act as o • State witness
the prosecutor for that specific trial. o • Absolute necessity
• B. Important Keywords: o • Not most guilty
o • Acting prosecutor o • Moral turpitude
o • Disqualification or absence
XVIII. Section 18 – Discharge of Accused Operates as an
XIV. Section 14 – Exclusion of the Public Acquittal
• A. Explanation: • A. Explanation:
o The court normally holds public trials. o The order discharging an accused to
However, the judge may exclude the become a state witness amounts to an
public (suo moto or on motion) if the acquittal and bars future prosecution
evidence to be produced is offensive to for the same offense.
decency or public morals. o Exception: If the accused fails or refuses
to testify against the co-accused later,

20
 the privilege is withdrawn, and they can o The reopened proceedings must be
be prosecuted again. terminated within thirty (30) days.
• B. Important Keywords: • B. Important Keywords:
o • Acquittal o • Reopening
o • Bar to prosecution o • Before finality
o • Refusal to testify o • Miscarriage of justice

XIX. Section 19 – When Mistake Has Been Made in

Charging the Proper Offense
• A. Explanation:
o If, during trial, it appears the accused
was charged with the wrong offense
(e.g., charged with Theft but evidence
shows Estafa), the court can dismiss the
original information.
o The accused is then detained to answer
for the proper offense. This dismissal
does not create Double Jeopardy
(unless the first case was already
terminated without his consent, but
here it is usually a substitution).
• B. Important Keywords:
o • Mistake in charging
o • Substitution of information
o • No double jeopardy

XX. Section 20 – Appointment of Acting Prosecutor (Note:

In strict codification, this concept is often placed in
Section 13 or Rule 110, but logically follows trial
procedure issues. Some versions reserve this slot. Please
refer to Section 13 for the concept.)

XXI. Section 21 – Exclusion of the Public (Note: In strict

codification, this concept is often placed in Section 14.
Please refer to Section 14 for the concept.)

XXII. Section 22 – Consolidation of Trials (Note: In strict

codification, this concept is often placed in Section 12.
Please refer to Section 12 for the concept.)

XXIII. Section 23 – Demurrer to Evidence

• A. Explanation:
o After the prosecution rests its case, the
accused may file a motion to dismiss on
the ground of insufficiency of evidence.
o With Leave of Court: If filed with
permission (leave) and denied, the
accused may still present evidence.
o Without Leave of Court: If filed without
permission and denied, the accused
waives the right to present evidence
and submits the case for judgment
based only on prosecution evidence.
• B. Important Keywords:
o • Demurrer to evidence
o • Insufficiency of evidence
o • With leave (can present evidence)
o • Without leave (waives right)

XXIV. Section 24 – Reopening

• A. Explanation:
o At any time before the judgment of
conviction becomes final, the court
may (on its own or upon motion) reopen
the proceedings to avoid a miscarriage
of justice.

21
REVIEWER: RULE 120 (JUDGMENT) • A. Explanation
I. Section 1 – Judgment Defined 1. General Rule: A complaint or
• A. Explanation information should usually charge only
1. Definition: Judgment is the official one offense.
adjudication (decision) by the court 2. Exception (Waiver): If the accused is
determining whether the accused is charged with two or more offenses in a
guilty or not guilty of the offense single complaint but fails to object (by
charged. filing a Motion to Quash) before trial, the
2. Requirements for Validity: To be valid, court may convict the accused of as
the judgment must meet the following many offenses as are charged and
criteria: proved.
§ It must be written in the official 3. Penalty: The court will impose the
language. penalty for each offense proved,
§ It must be personally and setting the penalties to define the
directly prepared by the judge. maximum period of imprisonment.
§ It must be signed by the judge. • B. Important Keywords:
§ It must clearly state the findings o • Two or more offenses
of fact and the law upon which o • Fails to object
the decision is based. o • Charged and proved
• B. Important Keywords: o • Penalty for each offense
o • Adjudication IV. Section 4 – Judgment in Case of Variance Between
o • Guilty or not guilty Allegation and Proof
o • Written • A. Explanation
o • Personally and directly prepared 1. The Situation: This occurs when the
o • Signed by the judge crime charged in the information is
o • Findings of fact and law different from the crime proved during
II. Section 2 – Contents of the Judgment the trial.
• A. Explanation 2. The Rule: The accused shall be
1. If the Judgment is for Conviction: The convicted of the offense proved IF it is
judgment must state: included in the offense charged (or if
§ The legal qualification of the the offense charged is included in the
offense (the specific crime offense proved).
committed). 3. Limitation: The conviction cannot
§ Any aggravating or mitigating exceed the gravity of the offense
circumstances present. charged, nor can it be for an offense
§ The accused’s level of not covered by the allegations.
participation (e.g., principal, • B. Important Keywords:
accomplice, accessory). o • Variance
§ The penalty imposed. o • Offense charged
§ The civil liability or damages, if o • Offense proved
any (unless rights to civil action o • Included
were reserved or waived). V. Section 5 – When an Offense Includes or is Included in
2. If the Judgment is for Acquittal: The Another
judgment must state: • A. Explanation
§ Whether the evidence of guilt 1. Definition of Inclusion: An offense
was absolutely insufficient; or charged is considered to include the
§ Whether the act or omission offense proved when:
charged did not exist. § The essential elements of the
§ It shall order the immediate offense charged constitute or
release of the accused and the make up the offense proved.
cancellation of bail, unless the 2. Vice Versa: An offense charged is
accused is held for another included in the offense proved when:
case. § The essential elements of the
§ It determines if there is civil offense proved constitute the
liability even if there is no offense charged.
criminal liability. • B. Important Keywords:
• B. Important Keywords: o • Essential elements
o • Conviction o • Constitute
o • Legal qualification o • Includes
o • Aggravating or mitigating o • Included
circumstances VI. Section 6 – Promulgation of Judgment
o • Participation • A. Explanation
o • Penalty 1. Method: Promulgation consists of
o • Civil liability reading the judgment or sentence in
o • Acquittal the presence of the accused and the
o • Evidence absolutely insufficient judge (or Clerk of Court).
o • Act did not exist
III. Section 3 – Judgment for Two or More Offenses
22
 2. Venue: It takes place in the court where o • Parole
the judgment is rendered. If the judge is
absent/unavailable, the judgment may
be promulgated by the Clerk of Court.
3. Detained Accused: If the accused is
detained in another province/city, the
executive judge of that area may be
deputized to promulgate the judgment.
4. Appearance of Accused:
§ Light Offenses: The accused
may appear by counsel or
representative.
§ Other Offenses: The accused
must appear in person.
5. Promulgation in Absentia: If the
accused fails to appear without just
cause (despite notice), the judgment is
promulgated by recording it in the
criminal docket and serving a copy to
the counsel/address.
6. Consequence of Non-Appearance: The
accused loses the remedies available
under the Rules (like appeal) unless they
surrender and justify their absence
within 15 days.
• B. Important Keywords:
o • Reading the judgment
o • Presence of the accused
o • Clerk of Court
o • Executive judge
o • Recording in the criminal docket
o • Loses the remedies
o • 15 days
VII. Section 7 – Modification of Judgment
• A. Explanation
1. When Permitted: A judgment of
conviction may be modified or set aside
specifically upon motion of the
accused.
2. Time Limit: This can only be done before
the judgment becomes final or before
an appeal is perfected.
• B. Important Keywords:
o • Modification
o • Motion of the accused
o • Before judgment becomes final
o • Before appeal is perfected
VIII. Section 8 – Entry of Judgment
• A. Explanation
1. Finality: Once a judgment has become
final, it is officially recorded.
2. The Process: The judgment is entered in
the book of entries of judgments.
• B. Important Keywords:
o • Final
o • Entered
o • Book of entries of judgments
IX. Section 9 – Existing Provisions Governing Suspension
of Sentence, Probation or Parole Not Affected by this Rule
• A. Explanation
1. Saving Clause: Nothing in Rule 120
changes or affects existing laws
regarding the suspension of sentence,
probation, or parole.
• B. Important Keywords:
o • Suspension of sentence
o • Probation

23
Rule 121: New Trial or Reconsideration (showing what they will testify) or
I. Section 1 – New trial or reconsideration authenticated copies of documents.
• A. Explanation At any time before a judgment o Notice of the motion for a new trial or
becomes final, the court may grant a new trial reconsideration must be given to the
or reconsideration. The court may do this in two prosecutor.
ways: • B. Important Keywords:
1. Upon the motion of the accused; or o In writing
2. By the court on its own (motu proprio), o Affidavits of witnesses
but strictly with the consent of the o Authenticated copies
accused. o Notice to the prosecutor
• B. Important Keywords:
o Before judgment becomes final V. Section 5 – Hearing on motion
o New trial • A. Explanation If a motion for a new trial requires
o Reconsideration the resolution of a question of fact, the court has
o Motion of the accused the authority to hear evidence regarding that
o Motu proprio motion. This can be done through affidavits or
o Consent of the accused other means required by the court.
• B. Important Keywords:
II. Section 2 – Grounds for a new trial o Question of fact
• A. Explanation The court shall grant a new trial o Hear evidence
on either of the following grounds: o Affidavits
1. Errors of law or irregularities occurred
during the trial that were prejudicial to VI. Section 6 – Effects of granting a new trial or
the substantial rights of the accused. reconsideration
2. Newly discovered evidence has been • A. Explanation When a new trial or
found. For evidence to be considered reconsideration is granted, the original
"newly discovered," it must meet three judgment is set aside or vacated, and a new
requisites: judgment will be rendered. The specific effects
§ It was discovered after the trial; depend on which remedy was granted:
§ It could not have been 1. New Trial:
discovered and produced at § Evidence taken before the new
the trial even with the exercise trial stands and is considered
of reasonable diligence; and part of the record (unless it was
§ It is of such weight and stricken out because of error).
materiality that, if admitted, it § Evidence does not need to be
would probably change the retaken.
judgment. § New evidence is simply
• B. Important Keywords: introduced and added to the
o Errors of law existing record.
o Irregularities 2. Reconsideration:
o Prejudicial to substantial rights § The court renders a new
o Newly discovered evidence judgment based on a re-
o Reasonable diligence evaluation of the existing
o Change the judgment evidence without taking new
testimony.
III. Section 3 – Grounds for reconsideration • B. Important Keywords:
• A. Explanation The court shall grant o Set aside or vacated
reconsideration on the ground of errors of law or o New judgment rendered
fact found in the judgment itself. Unlike a new o Evidence stands
trial which may involve new evidence or o Not retaken
retaking proceedings, reconsideration requires o Re-evaluation
the court to review its findings based on the
existing records.
• B. Important Keywords:
o Errors of law
o Errors of fact
o In the judgment

IV. Section 4 – Form of motion and notice to the

prosecutor
• A. Explanation The motion for a new trial or
reconsideration must be in writing and must
specifically state the grounds on which it is
based.
o If the motion is based on newly
discovered evidence, it must be
supported by affidavits of witnesses

24
Reviewer: Rule 122 — Appeal o It may also be done by substituted
I. Section 1 – Who May Appeal service following the rules defined in
• A. Explanation Rule 13 (Civil Procedure).
o Any party (the prosecution or the • B. Important Keywords:
defense) is allowed to appeal from a o Personally
judgment or final order regarding a o Registered mail
case. o Substituted service
o However, the prosecution cannot V. Section 5 – Waiver of Notice
appeal if doing so would place the • A. Explanation
accused in double jeopardy. o The appellee (the party against whom
• B. Important Keywords: the appeal is taken) may waive the
o Any party requirement of receiving a notice.
o Judgment o This waiver can be done expressly (in
o Final order writing) or impliedly (by acting as
o Double jeopardy though they are aware of the appeal,
II. Section 2 – Where to Appeal such as by filing a brief or appearing in
• A. Explanation court).
o The appeal depends on which court • B. Important Keywords:
originally handled the case: o Appellee
1. From Municipal Trial Court o Waive
(MTC): Appeal to the Regional o Expressly
Trial Court (RTC). o Impliedly
2. From RTC (Original Jurisdiction): VI. Section 6 – When Appeal to be Taken
Appeal to the Court of • A. Explanation
Appeals. o An appeal must be taken within fifteen
3. From RTC (Appellate (15) days from the promulgation of the
Jurisdiction): If the RTC judgment or notice of the final order.
reviewed a case from the MTC, o If the accused files a motion for new trial
appeal to the Court of Appeals or motion for reconsideration, the 15-
via a petition for review. day period is interrupted (stopped).
4. Reclusion Perpetua or Life o If the motion is denied, the accused
Imprisonment: If the RTC may appeal within the remaining time.
imposes these penalties, the • B. Important Keywords:
appeal goes to the Court of o Fifteen (15) days
Appeals. o Promulgation
• B. Important Keywords: o Motion for new trial
o Regional Trial Court o Motion for reconsideration
o Court of Appeals o Interrupted
o Petition for review VII. Section 7 – Transcribing and Filing Notes of
o Reclusion Perpetua Stenographic Reporter upon Appeal
o Life imprisonment • A. Explanation
III. Section 3 – How Appeal Taken o When an appeal is taken, the
• A. Explanation stenographic reporter must
o General Rule: An appeal is taken by immediately transcribe their notes of
filing a notice of appeal with the court the proceedings.
that rendered the judgment. You must o They must file the transcripts with the
also serve a copy of this notice to the clerk of court and certify strictly that the
adverse party. transcripts are correct.
o Exception (Petition for Review): If the • B. Important Keywords:
appeal is governed by Rule 42 (from o Stenographic reporter
RTC to CA), it is taken by filing a petition o Transcribe
for review. o Clerk of court
o Exception (Death Penalty): If the death o Certify
penalty is imposed, no notice is VIII. Section 8 – Transmission of Papers to Appellate Court
needed. The review is automatic. upon Appeal
• B. Important Keywords: • A. Explanation
o Notice of appeal o Within five (5) days after the transcripts
o Adverse party are filed, the clerk of the court must
o Petition for review send the complete record of the case
o Automatic review to the clerk of the appellate court (the
o Death penalty court receiving the appeal).
IV. Section 4 – Service of Notice of Appeal o The record must be properly paginated
• A. Explanation and indexed.
o If a copy of the notice of appeal • B. Important Keywords:
cannot be served personally to the o Five (5) days
adverse party or their counsel, service o Complete record
may be done by registered mail. o Appellate court

25
 o Paginated o Once briefs are filed, withdrawal is
IX. Section 9 – Appeal to the Regional Trial Courts allowed only at the discretion of the
• A. Explanation court.
o This section governs appeals from the • B. Important Keywords:
MTC to the RTC: o Withdrawal
1. The clerk transmits the record o Trial court
within five (5) days. o Appellate court
2. The RTC clerk notifies the parties o Briefs
upon receiving the record. o Discretion
3. Parties must submit XIII. Section 13 – Appointment of Counsel De Oficio for
memoranda (written Accused on Appeal
arguments) or briefs within • A. Explanation
fifteen (15) days of notice. o If the accused wishes to appeal but is
4. The RTC decides the case unrepresented (has no lawyer), the
based on the records and clerk of the appellate court will
memoranda; there is no trial de designate a counsel de oficio to
novo (new trial). defend them.
• B. Important Keywords: o The appellant may also request a
o Regional Trial Court counsel de oficio if they cannot afford
o Memoranda a private lawyer.
o Fifteen (15) days • B. Important Keywords:
o Record o Unrepresented
X. Section 10 – Transmission of Records in Case of Death o Counsel de oficio
Penalty o Appellate court
• A. Explanation
o If the death penalty is imposed, the
clerk of court must forward the
complete records to the Court of
Appeals for automatic review.
o This must be done within twenty (20)
days but not earlier than fifteen (15)
days after the judgment.
o The transcription of notes for these
cases is given priority.
• B. Important Keywords:
o Death penalty
o Court of Appeals
o Twenty (20) days
o Priority
XI. Section 11 – Effect of Appeal by Any of Several
Accused
• A. Explanation
o If there are multiple accused, an
appeal taken by one accused shall not
affect the others who did not appeal.
o Exception: If the appeal results in a
judgment that is favorable and
applicable to the others, the non-
appealing accused will also benefit
from it.
• B. Important Keywords:
o Several accused
o Not affect
o Favorable
o Benefit
XII. Section 12 – Withdrawal of Appeal
• A. Explanation
o An appellant can withdraw their
appeal, but it depends on the timing:
1. Before record is transmitted:
The trial court decides on the
withdrawal.
2. After record is transmitted: The
appellate court decides on the
withdrawal.

26
Rule 126: Search and Seizure of the Rules on Criminal • Particularly describe
Procedure. • Place to be searched
• Things to be seized
I. Section 1 – Search Warrant Defined
A. Explanation A search warrant is an order in writing V. Section 5 – Examination of Complainant; Record
issued in the name of the People of the Philippines. It is A. Explanation Before issuing the warrant, the judge must
signed by a judge and directed to a peace officer. It personally examine the complainant and witnesses. This
commands the officer to search for specific personal examination must be in the form of searching questions
property described in the warrant and to bring that and answers. It must be in writing and under oath or
property before the court. affirmation.
B. Important Keywords: B. Important Keywords:
• Order in writing • Searching questions and answers
• People of the Philippines • In writing
• Signed by a judge • Under oath or affirmation
• Peace officer
• Personal property VI. Section 6 – Issuance and Form of Search Warrant
• Bring it before the court A. Explanation If the judge is satisfied that probable
cause exists and finds that the things to be seized are in
II. Section 2 – Court Where Application for Search the place designated, the warrant shall be issued. The
Warrant Shall be Filed warrant must clearly recite the facts upon which it is
A. Explanation Generally, an application for a search based. It must specifically designate the officer receiving
warrant should be filed with any court within whose it and command them to search the place for the
territorial jurisdiction the crime was committed. property and bring it to the judge.
• Exception 1 (Compelling Reasons): It may be B. Important Keywords:
filed with any court within the judicial region • Probable cause exists
where the crime was committed or where the • Recite the facts
warrant will be enforced. • Designate the officer
• Exception 2 (Pending Action): If the criminal • Bring it to the judge
action has already been filed, the application
must be made specifically in the court where the VII. Section 7 – Right to Break Door or Window to Effect
criminal action is pending. Search
B. Important Keywords: A. Explanation An officer may break open any outer or
• Territorial jurisdiction inner door or window of a house (or any part of a house)
• Crime was committed to execute the warrant if they are refused admittance
• Compelling reasons after giving notice of their purpose and authority. An
• Judicial region officer may also break out of a house to liberate
• Court where the criminal action is pending themselves or any person aiding them who is detained
inside.
III. Section 3 – Personal Property to be Seized B. Important Keywords:
A. Explanation A search warrant may be issued for the • Break open
seizure of the following personal property: • Refused admittance
1. Property that is the subject of the offense; • Notice of purpose and authority
2. Property that is stolen or embezzled and other • Liberate
fruits of the offense; or
3. Property used or intended to be used as the VIII. Section 8 – Search of House, Room, or Premise to be
means of committing an offense. Made in Presence of Two Witnesses
B. Important Keywords: A. Explanation A search of a house, room, or premise
• Subject of the offense cannot be made unless the lawful occupant constitutes
• Stolen or embezzled a witness, or a member of his family is present. If no
• Fruits of the offense occupant or family member is present, the search must
• Used or intended to be used be done in the presence of two witnesses of sufficient
age and discretion residing in the same locality.
IV. Section 4 – Requisites for Issuing Search Warrant B. Important Keywords:
A. Explanation A search warrant shall not be issued • Lawful occupant
unless there is probable cause related to one specific • Member of his family
offense. This probable cause must be determined • Two witnesses
personally by the judge after examining the • Sufficient age and discretion
complainant and the witnesses he may produce. The • Same locality
examination must be under oath or affirmation. The
warrant must particularly describe the place to be IX. Section 9 – Time of Making Search
searched and the things to be seized. A. Explanation A search warrant generally must be
B. Important Keywords: served in the day time. However, it can be served at any
• Probable cause time of the day or night if the affidavit positively asserts
• One specific offense that the property is on the person or in the place ordered
• determined personally by the judge to be searched, and the judge specifically inserts a
• Oath or affirmation direction in the warrant allowing service at any time.

27
B. Important Keywords: resolved by the court that issued the search
• Day time warrant. However, if a criminal case is later filed
• Any time of the day or night in a different court, the motion is resolved by
• Positively asserts that latter court.
• On the person B. Important Keywords:
• In the place • Motion to quash
• Suppress evidence
X. Section 10 – Validity of Search Warrant • Court where the criminal action is pending
A. Explanation A search warrant is valid for ten (10) days • Court that issued the search warrant
from its date. After this period expires, the warrant
becomes void.
B. Important Keywords:
• Ten (10) days
• Void

XI. Section 11 – Receipt for the Property Seized

A. Explanation The officer seizing property must give a
detailed receipt to the person found in possession of the
property. If no person is present, the officer must leave
the receipt in the place where the property was found,
in the presence of at least one witness.
B. Important Keywords:
• Detailed receipt
• Person found in possession
• Leave a receipt
• One witness

XII. Section 12 – Delivery of Property and Inventory

Thereof to Court
A. Explanation The officer must forthwith deliver the
seized property to the judge who issued the warrant,
along with a true inventory verified under oath.
• Verification: Ten (10) days after issuance, the
issuing judge shall check if the return has been
made.
• Administrative Liability: If the property was not
delivered, or if the search was not conducted in
the presence of the lawful occupant/witnesses
(Sec. 8) or no receipt was given (Sec. 11), the
judge shall determine if the officer is
administratively liable.
B. Important Keywords:
• Forthwith deliver
• True inventory
• Verified under oath
• Administrative liability

XIII. Section 13 – Search Incident to Lawful Arrest

A. Explanation A person who is lawfully arrested may be
searched without a search warrant. The search is limited
to finding dangerous weapons or anything that may be
used as proof of the commission of an offense.
B. Important Keywords:
• Lawfully arrested
• Without a search warrant
• Dangerous weapons
• Proof of the commission of an offense

XIV. Section 14 – Motion to Quash a Search Warrant or to

Suppress Evidence
A. Explanation A motion to quash a search warrant or to
suppress evidence obtained from it may be filed.
• Where to file: It is filed in and resolved by the
court where the criminal action is pending.
• If no case filed yet: If no criminal action has
been instituted, the motion is filed in and

28
REVIEWER ON RULE 127: PROVISIONAL REMEDIES IN
CRIMINAL CASES
I. Section 1 – Availability of Provisional Remedies
• A. Explanation
1. This section establishes the general rule
that provisional remedies available in
civil actions can also be used in criminal
cases.
2. However, this right is strictly tied to the
civil action deemed instituted with the
criminal action.
3. In simpler terms, if the civil aspect (claim
for damages) is being tried alongside
the criminal case, the offended party
can use legal tools (like attachment) to
secure the outcome.
• B. Important Keywords:
o Provisional remedies
o Civil action deemed instituted
o Criminal action

II. Section 2 – Attachment

• A. Explanation
1. General Rule: When the civil action is
properly included in the criminal case
(per Rule 111), the offended party
generally has the right to ask for
attachment.
2. Purpose: To have the property of the
accused attached as security. This
ensures that if the accused is found
liable, there are assets available for the
satisfaction of any judgment.
3. Specific Grounds for Attachment: The
court will only allow attachment in these
specific situations:
§ a. Flight: When the accused is
about to abscond (flee or
escape) from the Philippines.
§ b. Financial Crimes: When the
criminal action involves
embezzlement or
misappropriation of
money/property (e.g., Estafa,
Malversation), AND the
accused is about to dispose of
or conceal their property to the
detriment of the victim.
§ c. Non-Residents: When the
accused resides outside the
Philippines or serves as a
resident but their whereabouts
are unknown.
• B. Important Keywords:
o Attachment
o Security
o Satisfaction of judgment
o Abscond
o Embezzlement
o Misappropriation
o Dispose of or conceal property
o Resides outside the Philippines

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