CAUSE OF ACTION/

COMISSION OF A CRIME
BARANGAY

SETTLED FISCAL/PROSECUTOR
PUNONG CERTIFICATE TO FILE
TAGAPAGMAYAPA ACTION
FAILED TO PRELIMINARY
FOR SETTLEMENT SETTLE INVESTIGATION

LAWFUL VOLUNTARY
ARREST OR PROBABLE NO PROBABLE
SUBMISSION
APPREHENSION CAUSE
CAUSE

SANDIGANBAYAN REGIONAL TRIAL MUNICIPAL TRIAL

JURISDICTION COMPLAINT
COURT COURT ISSUES CERTIFICATE TO
OF THE COURT DISMISS
MTC, MeTC, MTCC, FILE INFORMATION
MCTC BEFORE THE COURT
1. ANTI-GRAFT AND VIOLATIONS OF:
CORRUPT PRACTICES 1. OMNIBUS ELECTION TERRITORIAL THROUGH RESOLUTION
CONFERRED BY DISMISSAL BY
ACT CODE JURISDICTION
2. WRITTEN
LAW TO TAKE COURT
VIOLATIONS OF:
2. R.A 1379 COGNIZANCE
DEFAMATIONS
3. INTELLECTUAL 1. CITY or MUNICIPAL
3. DIRECT, INDIRECT, ISSUES WARRANT
PROPERTY LAW ORDINANCES within
QUALIFIED ROBBERY
[Link] TERRITORIAL OF ARREST
[Link] OF DANGEROUS DRUGS JURISDICTION
PUBLIC OFFICIALS ACT
2. ALL OFFENSES
5. ANTI-MONEY
5. ALL OTHER PUNISHABLE OF NOT PETITION PREVENTIVE
LAUNDERING ACT MOTION TO QUASH ON THE
MENTIONED IN PD No. MORETHAN 6 YEARS
1606, amended by RA
6. CYBERCRIME
IMPRISONTMENT FOR BAIL DETENTION
PREVENTION ACT GROUND OF LACK OF
8249
7. RA 3019, except those 3. OFFENSES INVOLVING JURISDICTION OVER THE PERSON
falls in the DAMAGE TO PROPERTY
SANDIGANBAYAN THROUGH CRIMINAL
OF THE ACCUSED
8. ALL CRIMINAL CASES NEGLIGENCE
NOT WITHIN THE
EXCLUSIVE MOTION TO QUASH A
JURISDICTION OF ANY
AFFIRMS THE WARRANT OF ARREST
COURT ARRAIGNMENT
9 CASES IMPOSABLE WARRANT
PENALTY OF
MORETHAN 6 YEARS
IMPRISONMENT DISMISSAL BY
COURT
FAMILY COURT
 Rule 110
Prosecution of Offenses

PROSECUTION OF PRIVATE CRIMES

PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION NOT

REQUIRED REQUIRED
PRIVATE Shall not be prosecuted except
 Filing with the proper officer for CRIMES upon a complaint filed by
the purpose of conducting P.I. 1. Adultery The offended If the
CHARTERED CITY PROVINCIAL 2. Concubinage spouse offender
3. Seduction Offended has been
 File Complaint with  DIRECT FILING of OR expressly
4. Abduction party or her
Prosecutor’s Office complaint in Court 5. Acts of parents, pardoned
Lasciviousness grandparents, by any of
or guardian them
 imposable penalty 4 years, 2  imposable penalty is LESS THAN 4
months & 1 day or MORE years, 2 months & 1 day
if the offended party dies or becomes
all criminal actions commenced by incapacitated before she can file the complaint,
a complaint or information shall and she has no known parents, grandparents or
be prosecuted under the direction guardian, the STATE shall initiate the criminal
and control of THE PROSECUTOR action in her behalf as PARENS PATRIAE

THE PRIVATE PROSECUTOR may be authorized in writing by the

chief of the Prosecution Office or the Regional State Prosecutor PARDON
to prosecute the case subject to the approval of the court Express or Implied

In case of dismissal of the case or acquittal

of the accused, only the OSG may file an Pardon, as to prohibit the state from instituting private
appeal or Petition for Certiorari to crimes, must be expressly done prior to the institution of
question the dismissal or acquittal. the criminal action.
 SUFFICIENCY OF THE COMPLAINT OR The information MUST bear the written approval of the Chief
COMPLAINT INFORMATION
INFORMATION Prosecutor or Provincial Prosecutor. Sec. 3(d), Rule 117 Such
A complaint is a sworn An information is an written approval of the chief prosecutor or provincial
1. Name of the Accused
written statement charging accusation in writing prosecutor is not a formal defect and not a jurisdictional
a person with an offense, charging a person with an 2. Designation of the offense given by the statute defect.
subscribed by the offended offense, subscribed by the
party, any peace officer, or prosecutor and filed with 3. Acts or omissions complained of as Quisay Case (2004): SC said it is a defect that is jurisdictional
other public officer charged the court constituting the offense which cannot be waived. Villa-Gomez Case (2020): It
with the enforcement of the abandoned the Quisay ruling. SC said that the handling
4. Name of the offended party
law violated prosecutor's authority, particularly as it does not appear on
5. Approximate date of the commission of the the face of the information has no connection to the trial
Complaint must be SWORN Information required no offense court's power to hear and decide a case.
(under oath) OATH 6. Place where the offense was committed
THUS, if an information has no written approval of the
Complaint is subscribed by Rationale: Chief Prosecutor or provincial prosecutor, and you as
the offended party, peace the counsel to the accused does not question it in a
Information is subscribed This is a compliance with the constitutional
officer or other public motion to quash, you waived it by your silence,
by the prosecutor requirement that the accused must be informed acquiescence, or failure to raise such ground during
officer charged with
of the nature and cause of the accusation against arraignment or before entering a plea.
enforcement of the law
him Such written approval of the chief prosecutor or provincial
prosecutor is not a formal defect and not a jurisdictional defect.

Play of the Rule

AMENDMENT Substitution

 Formal or Substantial changes  Always substantial change

Designation of Designation of the Designation of Designation of the  Before plea is without leave of  Always with leave of court
the OFFENSE OFFENSE the OFFENSE OFFENSE court  needs Preliminary
 as to form, need not Investigation
Facts & Facts & Facts & Facts & Preliminary Investigation  Refers to new Information
circumstances in circumstances in circumstances in circumstances in  Refers to same offense
the ALLEGATION the ALLEGATION the ALLEGATION the ALLEGATION

The failure to state

(designation or, or facts
or circumstances) of an
COMPLAINT COMPLAINT DEFECTIVE aggravating circumstance
even if proven during the
trial will not be
appreciated
 Cases where civil action may proceed independently
Rule 111
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines
Prosecution of Civil Action NO NEED RESERVATIONS. THESE ACTIONS CAN PROCEED
INDEPENDENTLY Effect of Death of the Accused

BUT! In no case, however, may the offended party recover damages twice
When a criminal action is instituted, the civil action for the recovery
RULE of the civil liability arising from the offense charged shall be deemed
for the same act or omission charged in the criminal action

impliedly instituted with the criminal action unless the offended party
Deemed
Deemed Impliedly
Impliedly waives the civil action, reserves the right to institute it separately or
Effect of Death of the Accused
Instituted
Instituted Rule
Rule institute the civil action prior to criminal action. (Sec. 1, Rule 111).

What is deemed instituted with the criminal action is only the action to
recover civil liability arising from crime or ex delicto. Before Arraignment After arraignment and Pending appeal
during the pendency of the
Thus, this type of civil liability cannot proceed independently from the criminal action
criminal action. However, its institution and prosecution may be reserved. Criminal case shall be
Scenario: dismissed without extinguishes his criminal
Shall extinguish the civil
prejudice to any civil action liability as well as the civil
NOTE When should you reserve the prosecution of civil action and when shall the offended party may file
liability arising from the
liability based solely
delict
reservation be made? against the estate of the thereon.
deceased
The reservation of the right to institute separately the civil action shall be BUT!!! The independent claim for civil liability survives
made before the prosecution starts presenting its evidence and under civil action instituted under notwithstanding the death of the
circumstances affording the offended party a reasonable opportunity to Section 3 of this Rule or accused, if the same may also be
which thereafter is predicated on some source of
make such reservation. obligation other than delict.
instituted to enforce Where civil liability survives, an
liability arising from other action for recovery therefor may
Civil action shall be suspended in whatever stage it may. sources of obligation may be pursued but only by way of
Civil Action FIRST Suspension shall last until final judgement is rendered be continued against the filing a separate civil action and
in the Criminal case. estate or legal subject to section 1, rule 111. This
Criminal Action separate civil action may be
SCENARIO The filing of criminal action interrupts the prescriptive
representative of the enforced against the
filed accused after proper executor/administrator or estate
period of the civil action, because civil liability arising substitution or against said of the accused depending on the
SUBSEQUENTLY
from the offense charged shall be deemed impliedly estate, as the case may be source of obligation (People vs.
instituted with the criminal action Bayotas, 1994)
(Section 4, Rule 111).
 Will acquittal in the criminal action extinguish the civil liability arising
from crime?
A petition for suspension of the criminal action based upon the pendency
NO. The extinction of the penal action does not carry with it extinction of the of a prejudicial question in a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary investigation. When
civil action. However, the civil action based on delict shall be deemed extinguished PREJUDICIAL
NOTES if there is a finding in a final judgment in the criminal action that the act or omission
the criminal action has been filed in court for trial, the petition to suspend
QUESTION shall be filed in the same criminal action at any time before the
from which the civil liability may arise did not exist (Sec. 2, Rule 111)
prosecution rests (Section 6, Rule 111)
Instances where acquittal in a criminal case does not result in the
extinguishment of civil liability: (a) the previously instituted civil action involves an issue similar or
1. Where acquittal is based on reasonable doubt. intimately related to the issue raised in the subsequent criminal
action
2. Where the court express declares that the liability of the accused is only civil and not criminal
NOTE: Previously filed or instituted administrative case may be cause
3. Where the liability is not derived from or based on the criminal act of which the accused is the suspension of the criminal case and may be used as a prejudicial
ELEMENTS
acquitted (Ching vs. Nicdao, April 27, 2007). question.

b) the resolution of such issue determines whether or not the

Is counterclaim or cross-claim allowed in criminal cases? criminal action may proceed. (Section 7, Rule 111).

NO. Under the rules, “No counterclaim, cross-claim or third-party complaint may be filed by the Case pending in HLURB was used as a prejudicial question in a case filed on prosecutor’s office (San Miguel
accused in the criminal case, but any cause of action which could have been the subject thereof Properties vs. Perez, 2013)
may be litigated in a separate civil action.” (Sec. 1, Rule 111)
An action for declaration of nullity of marriage is not a prejudicial question to a concubinage case. civil case
Case pending in HLURB was used as a prejudicial question in a case filed on prosecutor’s office (San Miguel MUST be determinative of the guilt or innocence of the accused in the criminal case. Because even if the
Properties vs. Perez, 2013) petition for the nullity of marriage is granted, prose(Beltran vs. People, 334 SCRA 106)

An action for declaration of nullity of marriage is not a prejudicial question to a concubinage case. civil case
MUST be determinative of the guilt or innocence of the accused in the criminal case. Because even if the
petition for the nullity of marriage is granted, prose (Beltran vs. People, 334 SCRA 106)

IS IT REQUIRED TO PAY FILING FEE IN CRIMINAL CASES?

Generally, no filing fees are charged for actual Filing fees are to be paid only if other items of
damages in criminal cases. Thus, the rules damages are alleged in the complaint or
provide that except as otherwise provided in information of they are not alleged, they shall
these Rule, no filing fees shall be required for constitute a first lien on the judgment
actual damage
 Rule 112 NATURE
P.I results in in either the
dismissal of the complaint for
PI belongs is a function that belongs to Public Prosecutor.
PRELIMINARY INVESTIGATION want of probable cause, or the
filing of an Information in court.
The determination of probable cause, is under our criminal justice system, an
is an inquiry or proceeding to determine whether executive function that courts cannot interfere with in the absence of grave abuse of
there is sufficient ground to engender a well- discretion.
founded belief that a crime has been committed
and the respondent is probably guilty thereof,
ONLY a STATUTORY RIGHT
and should be held for trial.
The holding of preliminary investigation is not required by the constitution. Thus, it is not a
constitutional right rather a statutory character and may be invoked only when specifically created
When is Preliminary Investigation required? by statute (Marinas vs. Siochi, 104 SCRA 423). Though not of constitutional grant, the denial of the
same would deprive the accused the full measure of his right to due process (Duterte vs.
Sandiganbayan, 289 SCRA 721).

P.I. REQUIRED P.I. NOT REQUIRED Thus, WAIVABLE

4-2-1 & UP EXCEPTION TO 4-2-1 & UP LESS THAN 4-2-1. The right to PI may be waived for failure to invoke the right prior to or at the time of the
plea (People vs. Gomez, 117 SCRA 73, 78) In fact, the absence of P.I will not affect the
Imposable penalty 4 years, two When respondent is arrested Imposable penalty is LESS THAN jurisdiction of Courts.
months and one day or more IN FLAGRANTE DELICTO 4 years, two months and one
(Section 1, Rule 112) (Section 5, Rule 113) and day or more (Section 1, Rule
undergoing inquest. No need 112)
P.I
DOCTRINAL RULE

TO ESTABLISH PROBABLE CUASE PROBABLE CAUSE in P.I In determining probable cause, the Prosecutor or the average man weighs facts and
circumstances without resorting to the rules of evidence that, as a rule, is outside
PI is a mere inquiry or proceeding. It Probable cause pertains to facts and his technical knowledge.
is not a trial. Its purpose is not to circumstances sufficient to support a
declare the respondent guilty beyond well-founded belief that a crime has Is hearsay evidence sufficient to establish probable cause?
reasonable doubt. (Estrada vs. been committed and the accused is
PURPOSE Obmbudsman, January 21, 2015) probably guilty thereof.(Shu vs. YES. Technical rules in evidence should not be applied in P.I. because the
Thus, the quantum of proof in P.I is Dee,April 23, 2014). The evidence determination of probable cause does NOT depend on the merit and admisibility of
"whether the respondent PROBABLE necessary to establish probable a party's testimony presented. It only deals only with the probability and not by
guilty thereof, and therefore should cause is based only on the likelihood, proving it. Thus, in Estrada v. Ombudsman (Estrada), the Court declared that since
be held for trial?". This is the or probability of guilt (Estrada vs. a preliminary investigation does not finally adjudicate the rights and obligations of
ultimately the PROBABLE CAUSE in P.I Ombudsman, supra) parties, "probable cause can be established with hearsay evidence, as long as there
is substantial basis for crediting the hearsay. (Estrada vs. Ombudsman, G.R. No.
212761, July 31, 2018)
 Instances when probable P.I. P.E.
cause need to be established VS
Executive Function Judicial Function

by Prosecutor by a Judge
By the JUDGE
1. For the purpose of BOTH ESTABLISHES PROBABLE CAUSE
issuing warrant of
arrest or necessity for For the purpose of filing For the purpose of issuing
By PROSECUTOR the accused to remain By ARRESTING Information in Court warrant of arrest
in custody OFFICER
For the purpose of
Judge can't interfere with However, Judiciary has
filing “information” in 2. in issuing search in effecting warrantless
Prosecutor's function to expanded power to review acts
Court warrant arrest in hot pursuit
determine probable cause. This and decisions of the executive
is an encroachment of powers department, e.i Prosecutor's
in lieu of doctrine of separation discretion in establishing
of powers. probable cause when there is
grave abuse of discretion.

Prosecutor is exercising EXECUTIVE function when he is

establishing probable cause. The right way to challenge
his function is through PETITION FOR CERTIORARI Rule 65
and not Petition for review. (Estrada vs Ombudsman)

Officers authorized to conduct

Preliminary Investigation
Power of Ombudsman to conduct Preliminary
Investigation
Ombudsman has the authority to INVESTIGATE & PROSECUTE on its own
(a) Provincial or City Prosecutors and their COMELEC or on complaint by any person, any act or omission of ANY PUBLIC OFFICER
assistants; or EMPLOYEE, office or agency, when such act or omission appears to be
(Section 265 PCGG Ombudsman illegal, unjust, improper or inefficient. (Section 15(1), RA 6770)
(b) National and Regional State Prosecutors; of Omnibus
Election Code) It has the primary jurisdiction over cases cognizable with Sandiganbayan
(c) Other officers as may be authorized by law
and in the exercise of this primary jurisdiction, it may take over, at any
stage, from any investigating agency of the government, the investigation
of such cases. It is not exclusive but concurrent with other similarly
authorized agencies of the government such as the provincial, city and
state prosecutors. (Honasan II vs. DOJ Panel, April 13, 2004
 PROCEDURE FOR P.I. PHASE 1: FILING A COMPLAINT
You go to Prosecutor's office. File an affidavit of
FILING OF complaint together with your evidence to be presented
INFORMATION to a Prosecutor. Prosecutor will now assess whether it
has probable cause or not.

PHASE 2: INVESTIGATING
FILING OF PROSECUTOR’S RESOLUTION
INFORMATION STEP 1 STEP 2
INVESTIGATING PROSECUTOR THE INVESTIGATING PROSECUTOR
SHALL DETERMINE WHETHER SHALL PREPARE A RESOLUTION ABOUT
THERE IS A PROBABLE CAUSE HIS FINDING ON THE COMPLAINT

PHASE 3: CHIEF PROSECUTOR APPROVAL STEP 3

You go to Prosecutor's office. File an affidavit of
WHETHER THE RESOLUTION OF THE COMPLAINT IS DISMISSED OR
complaint together with your evidence to be presented
APPROVEDto a Prosecutor. Prosecutor
NOTwillAPPROVED
now assess whether it RECOMMENDATION FOR FILING OF INFORMATION, IT SHALL BE SUBMITTED TO
has probable cause or not. THE CHIEF PROSECUTOR FOR APPOVAL

COURSE IF APPROVED COURSE IF NOT APPROVED

RECOMMENDATION
FILE FILE
OF INVESTIGATING TO DISMISS TO DISMISS
INFORMATION INFORMATION
OFFICE IS:
FILE CHIEF PROSECUTOR SECRETARY OF JUSTICE
CHIEF PROSECUTOR APPROVED APPROVED TO DISMISS
INFORMATION

DISMISS THE FILE INFO TO

FILE INFO TO DISMISS THE COMPLAINT COURT
EFFECT
COURT COMPLAINT
REMEDY IS TO FILE PETITTION
FOR REVIEW TO SOJ
 PHASE 4: REMEDY AND THE SOJ PHASE 5: FILING INFORMATION TO COURT
THE SECRETARY OF JUSTICE REGIONAL TRIAL COURT: BY THE JUDGE
UPON PETTITION MOTO PROPRIO For the purpose of issuing warrant of
arrest or necessity for the accused to In issuing search warrant
SOJ may reverse or modify the resolution of the provincial or city prosecutor or
remain in custody
chief state prosecutor & direct the prosecutor concerned

If Judge is satisfied
Judge finds NO Judge finds probable that there is no
MOTO PROPRIO
necessity for placing
probable cause cause
the accused under
custody

issue summons
he shall issue a
DISMISS the CASE MOTO
instead
PROPRIO
of a warrant
warrant of arrest
of arrest
 PROCEDURE FOR CASES NOT REQUIRING P.I.

CHARTERED CRIMES COMMITTED IN When Arrested in FLAGRANTE DELICTO, Inquest proceedings shall
PROVINCIAL
CITY FLAGRANTE DELICTO OR HOT apply and not Preliminary investigation
PURSUIT
Filing of Complaint Direct Filing of
with Prosecutor’s Complaint in Court
office

In Flagrante Delicto Arrest Probable Cause Arrest or

Issuance of Hot Pursuit Arrest
Filing of information
warrant
Arrest
When offense has just been
When, in his presence, the person to committed and he has probable cause
be arrested has committed, is actually to believe based on personal
committing, or is attempting to knowledge of facts or circumstances
commit an offense. that the person to be arrested has
Issuance of warrant Arrest committed it;

Inquest Proceeding is an investigation conducted by a prosecutor in criminal cases

Arrest where a person has been lawfully arrested and detained without warrant.

If arrest is Illegal If arrest is found legal

Prosecutor shall not proceed with the

inquest and recommend the release he shall proceed with the inquest and
of the arrested person which if he finds probable cause, an
recommendation should be approved information will be filed.
by the head
 Rule 113 WARRANTLESS ARREST

ARREST
The taking of a person into
The takinginoforder
custody a person
that into
he
custody in order
may bound to answerthat he
for Probable Cause Arrest or Hot
may
the commission of anfor
bound to answer In Flagrante Delicto Arrest Pursuit Arrest
the commission
offense. of an
offense. WITH WARRANT
REQUISITES REQUISITES

Procedure on Warrant TO arrest 1. An offense has just been committed

An arrest is made by an 1. The person to be arrested MUST
actual restraint of a person execute OVERT ACTS indicating he has just NB: There must be urgency to catch the
to be arrested, or by his It shall be the duty of the officer executing the warrant committed, is actually committing, or is perpetuators (accused) because an offense has
submission to the custody to arrest the accused and deliver him to the nearest attempting to commit a crime. just been committed. If there is a lapse of
of the person making the police station or jail without unnecessary delay. appreciable time between the commission of
2. The is Overt Act must be related to
arrest. the crime and the arrest, arrest shall be invalid
crime for which accused is arrested.
and the proper remedy secure Warrant of
3. The Overt act accompanied by arrest to Court
Prosecutor files Info reasonable suspicion must actually seen
2. The person making the arrest has PERSONAL
No violence or unnecessary by the arresting officer.
KNOWLEGDE of the facts and circumstances
force shall be used in
that the person to be arrested has committed
making an arrest. The
it.
person arrested shall not Issuance of warrant
be subject to a greater NB: NB: This is the PROBABLE CAUSE
ARREST OF ESCAPEE
restraint than is necessary requirement. Stated otherwise, the person
for his detention making the arrest has probable cause that the
Execution of warrant REQUISITES accused is the one committed the crime.
When the person to be arrested is a Arrest solely on a TIP is not "personal
prisoner who has escaped from a penal knowledge"
establishment or place where he is serving
Report of warrant final judgement or is temporarily confined
while his case is pending, or has escaped 3. Based on these facts and circumstances that
while being transferred from one the arresting officer possessed at the time of
confinement to another. the accused arrest, would a reasonably dicreet
RIGHTS OF THE ACCUSED and prudent person believe that the accused
committed the offense?
To be assisted by counsel at all times REQUISITES
NB: This is the test to the arresting officer. To
To remain silent form a believe that the facts and circumstances
To be informed of the above rights (Miranda rights) points to the person being the one who
committed the crime that has been committed
To be visited by the immediate members of the family, by his counsel, or by non-gov't org., national or
international.
 CONSTITUTIONAL RULES ON BAIL
Conditions to a BAIL:
Rule 114 1. General Rule: All persons, before their conviction for criminal
offense, shall be entitled to bail.
2. The suspension of the privilege of habeas corpus does not impair Bail shall remain in force if approved until
BAIL the right to bail
REQUISITES
3. No excessive bail shall be required
Duration promulgation of the judgment

The accused shall appear before the proper

Security given for the
Appearance court whenever required by the court or the
release of a person in
Rules
custody of the law,
As a Matter of Right As a Matter of Discretion
furnished by him or a Failure of the accused to appear without
bondsman, to guarantee justification and despite due notice shall be
his appearance before any Trial in deemed a WAIVER of his right to be present
court as required under the UPON Conviction of absentia thereat. In such case, trial may proceed
conditions of law Before or After Conviction offenses not punishable by without him
MTC
(on appeal) death, reclusion perpertua
or life imprisonment Surrender The bondsman shall surrender the accused to
Bail may be given in the
form of corporate surety;
Bond the court for execution of the final judgement
RTC
property bond; cash
deposit; or recognizance Before Conviction of Charged of offenses
offenses not punishable by punishable by death,
RTC
death, reclusion Perpetua or reclusion perpertua or life RTC
life imprisonment. imprisonment.
Available only to: When application of bail after conviction be RTC be
denied?
Person who is in CUSTODY
if the penalty imposed by the trial court is imprisonment exceeding
of the REQUISITES
LAW WHERE TO FILE
6 years, the accused shall be denied bail, OR His bail shall be
RTC APPELLATE COURT cancelled upon showing by the prosecution, with notice to the
accused, of the "bail negating circumstances", (Sec 5, Rule 114) 1
To be filed &REQUISITES
acted upon by the TRIAL REQUISITES
COURT. To be filed in appellate court, if the
Purpose decision from trial court changes from non-
Provided, original record has not yet been bailable to bailable.
to GUARANTEE the accused transmitted to appellate court What are the "bail negating Circumstances"
REQUISITES
APPEARANCE in Court

That Accused is recidivist, quasi-recidivist, or habitual delinquent, or

NB: (Leviste v CA) has committed the crime aggravated by the circumstances of
reiteration
If the accused is convicted by the RTC with imposed
That accused is previous escapee or violated the conditions of his
penalty of imprisonment exceeding 6 years and there
previous bail without justification
is no "bail negating circumstances", the grant of bail
REQUISITES
is still discretionary. It is not automatic on the part of The he committed an offense while under probation, parole, or
the RTC to grant bail. conditional pardon.

If one negating circumstance is present, bail should Flight risk

be denied.
There is undue risk that he may commit another crime during
pendency of appeal
 RIGHT TO COUNSEL DURING C.I
Rule 115
OUT OF COURT RIGHTS OF THE ACCUSED
TRIAL

During Arrest From arraignment to CUSTODIAL TRIAL RIGTH TO COUNSEL DURING TRIAL
promulgation of Judgement INVESTIGATION
Custodial Investigation

MIRANDA RIGHTS What are the rights of the accused The right to counsel during trial is
 Right to remain silent during trial IMMUTABLE. It cannot be waived!
The right to remain silent and to be reminded that
 Right to counsel Lastly,
anything he says can and will be used against him – This
 right to be informed of those Different from custodial investigation,
refers not only to verbal confessions but also to acts. rights When do we consider that an accused is where right to counsel can be waived in
However, mechanical acts that does not require the use of under custodial investigation? writing and in presence of a counsel
intelligence (such as providing DNA samples) or to answers
to general questions are not protected under this right. EFFECT OF VIOLATION OF To be pressumed innocent until contrary is
MIRANDA RIGHT? provided beyond reasonable doubt
The right to an attorney or to counsel, preferably of his
own choice (not exclusive); if no choice or not choice is not Any admission/ confession is To be informed of the nature and cause of
available, thus, one will be provided for him – This right is INADMISSIBLE - called the the accusations against him
RIGHT TO BE INFORM
absolute and applies even if the accused himself is a Exclusionary Rule
To testify as a witness in his own behalf but
lawyer. Thus, City Legal office is not independent, Mayor s subject to crossexamination on matters
cannot be considered independent, applicant in NBI is not When available? covered by direct examination. His silence
an independent counsel in the investigation conducted by shall not in any manner prejudice him. To be informed of the nature and cause
Only when the accused is in
the NBI. of the accusations against him Right to
Custodial investigation Right agaist self-incrimination: To be exempt be informed (Sec 14(b), Art. 3 Consti)
Right against torture, force, violence, threat, intimidation from being compelled to be a witness
or any other means which vitiate the free will of the person against himself.
When do we consider that an
Right against secret detention places, solitary, accused is under custodial To have compulsory process issued to Consequences of the right: accusations
incommunicado, or other similar forms of detention investigation? secure the attendance of witness and against him Right to be informed (Sec
production of other evidence in his behalf 14(b), Art. 3 Consti)
Any questioning initiated by
law enforcement officers after To have speedy, impartial and public tria implementation of the constitutional
Right that can be invoked anytime a person has been taken into
To appeal in all cases allowed and in the right to be informed
custody or otherwise deprived
of his freedom of action in manner prescribed by law  The acts or omission
RIGHT AGAINST SELF-INCRIMINATION
some significant way. To be present and defend in peson and by constituting the offense must
 It protects a person from TESTIMONIAL counsel at every stage of the proceedings, be specifically and clearly
COMPULSION or a compelled testimony of from arraignment to promulgation of the alledge in the complaint or
COMMUNICATIVE in nature. judgement. Presence of accused is information.
 Thus, you cannot invoke to exclude your body mandatory in 3 instances:  It must be in the language clear
from examination when it is requested or it is enough for the accused to
relevant because it is a MECHANICAL ACT and  Arraignment understand it
not COMMUNICATIVE in nature.  Identification  the aggravating and qualifying
 Promulgation of judgement. circumstances must be alledge
in the information (see page 7)
 Arraignment is the formal mode and manner
HOW IS ARRAIGNMENT MADE? IS THE PRESENCE OF THE
implementing the constitutional right of the accused to
Rule 116 be informed of the nature and cause of the accusation ACCUSED REQUIRED?
against him. Its purpose is to apprise the accused why he The arraignment shall be made in The accused must be present at the
ARRAIGNMENT is being prosecuted by the State. It is therefore open courtREQUISITES
by the judge or clerk by arraignmentREQUISITES
and must personally
indispensable
furnishing the accused with a copy of enter his plea. Both arraignment and
the complaint or information, reading plea shall be made of record, but
the same in the language or dialect failure to do so shall not affect the
WHAT IS THE EFFECT OF DUTY OF THE COURT BEFORE known to him, and asking him validity of the proceedings
whether he pleads guilty or not guilty
ABSENCE OF ARRAIGNMENT? ARRAIGNMENT
It will result in the nullity of Inform the accused of his right to Other period for arraignment
proceedings REQUISITES
before the trial court counsel andREQUISITES
ask him if he desires to PERIOD OF ARRAIGNMENT
have one. Unless the accused is WHEN ACCUSED IS DETAINED? Unless a shorter period is provided by
allowed to defend himself in person or special law or Supreme Court circular, the
When the accused is under preventive
has employed counsel of his choice, arraignment shall be held within thirty
detention, his case shall be raffled and
WHAT SHOULD THE COURT DO the court must assign a counsel de (30) days from the date the court acquires
its records transmitted to the judge to jurisdiction over the person of the
oficio to defend him
IF THE ACCUSED REFUSES TO whom the case was raffled within accused. The time of the pendency of a
PLEAD OR MAKE A Whenever a counsel de oficio is three (3) days from the filing of the motion to quash or for a bill of particulars
appointed by the court to defend the information or complaint. The accused
CONDITIONAL PLEA? or other causes justifying suspension of
accused at the arraignment, he shall shall be arraigned within ten (10) days the arraignment shall be excluded in
When the accused refuses to plead or be given a reasonable time to consult from the date of the raffle. The pre- computing the period (Sec. 1(g), Rule
makes a conditional plea, a plea of not with the accused as to his plea before trial conference of his case shall be 116).
guilty shall be entered for him proceeding with the arraignment held within ten (10) days after
When the accused pleads guilty but arraignment (Sec. 1(e), Rule 116) . MAY IT BE MADE AFTER THE
presents exculpatory evidence, his PROSECUTION RESTED ITS
plea shall be deemed withdrawn and a WHEN THE PRESENCE OF THE
WHAT ARE THE OPTIONS OF THE CASE?
plea of not guilty shall be entered for PRIVATE OFFENDED PARTY
him NEEDED? ACCUSED BEFORE Yes. It has been held that it may also
ARRAIGNMENT ? be considered during trial proper or
The private offended party shall be even after the prosecution has
required to appear at the arraignment for 1. Bill of particulars finished presenting it evidence and
purposes of plea bargaining, 2. Motion for suspension rested its case. It is immaterial that the
determination of civil liability, and other plea bargaining was not made during
3. Motion to quash
matters requiring his presence. In case of
4. Questioning the validity of the the pre-trial stage or that it was made
failure of the offended party to appear
warrant of arrest only after the prosecution already
despite due notice, the court may allow
the accused to enter a plea of guilty to a 5. Motion of discovery presented several witnesses
lesser offense which is necessarily
included in the offense charged with the
conformity of the trial prosecutor alone.
(Sec. 1(f), Rule 116) .
 WHEN SHOULD PLEA OF GUILTY BILL OF PARTICULARS MODES OF DISCOVERY IN CRIMINAL CASES
TO A LESSER OFFENSE BE
IS THE PRESENCE OF THE The proper remedy to a supposed
MADE? SECTION 10. Production or Inspection of Material
ambiguity in an otherwise valid
ACCUSED MANDATORY?
SECTION 2. Plea of Guilty to a Lesser information is merely to move for bill Evidence in Possession of Prosecution. — Upon
Yes. The accused must be present at Offense. — At arraignment, the of particulars to fill in the details to motion of the accused showing good cause and with
the arraignment and must personally accused, with the consent of the enable the accused to make an notice to the parties, the court, in order to prevent
enter his plea. Both arraignment and offended party and the prosecutor, intelligent plea and prepare for his surprise, suppression, or alteration, may order the
plea shall be made of record, but may be allowed by the trial court to defense and not the quashal of prosecution to produce and permit the inspection and
failure to do so shall not affect the plead guilty to a lesser offense which information which sufficiently alleges copying or photographing of any written statement
validity of the proceedings (Section is necessarily included in the offense the elements of the offense charged given by the complainant and other witnesses in any
1(b), Rule 116). charged. investigation of the offense conducted by the
If not filed, the defect is waived prosecution or other investigating officers, as well as
After arraignment but before trial, the any designated documents, papers, books, accounts,
MAY ARRAIGNMENT BE MADE accused may still be allowed to plead The failure of the accused to move for letters, photographs, objects, or tangible things not
AFTER A CASE HAS BEEN guilty to said lesser offense after specification of the details desired otherwise privileged, which constitute or contain
withdrawing his plea of not guilty deprives him of the right to object to evidence material to any matter involved in the case
SUBMITTED FOR DECISION?
No amendment of the complaint or evidence that could be introduced and and which are in the possession or under the control
If the accused, despite not having information is necessary. admitted under an Information of of the prosecution, police, or other law investigating
been arraigned, did not object to the more or less terms but sufficiently agencies
continuation of the proceedings and charges the accused with definite time
ALLOW THE ACCUSED TO
actively participated in the trial, he is
deemed to have waived the defect.
PRESENT EVIDENCE IN HIS WHAT ARE THE GROUNDS TO DOES THE PENDENCY OF MR BEFORE THE
Moreover, he is deemed to have been BEHALF SUSPEND THE ARRAIGNMENT? PROSECUTOR’S OFFICE SUSPEND THE
informed already of the nature and SECTION 4. Plea of Guilty to Non- ARRAIGNMENT?
The accused appears to be suffering
cause of the accusation against him capital Offense; Reception of from an unsound mental condition If there is a pending motion for reconsideration or
Evidence, Discretionary. — When the which effectively renders him unable motion for reinvestigation of the resolution of the
accused pleads guilty to a non-capital to fully understand the charge against
WHAT ARE THE OBLIGATIONS public prosecutor, the court may suspend the
offense, the court may receive him and to plead intelligently thereto. proceedings upon motion by the parties. However,
OF THE COURT WHEN THE evidence from the parties to In such case, the court shall order his the court should set the arraignment of the accused
ACCUSED PLEADED GUILTY TO A determine the penalty to be imposed mental examination and, if necessary, and direct the public prosecutor to submit the
CAPITAL OFFENSE? (Rule 116) his confinement for such purpose; resolution disposing of the motion on or before the
There exists a prejudicial question; period fixed by the court, which in no instance could
 The shall conduct searching MAY PLEA OF GUILTY BE and be more than the period fixed by the court counted
inquiry into the voluntariness WITHDRAWN? A petition for review of the resolution from the granting of the motion to suspend
and comprehension of the of the prosecutor is pending at either
YES. Under the SECTION 5. Withdrawal arraignment, otherwise the court will proceed with
plea. the Department of Justice, or the the arraignment as scheduled and without further
 Require the prosecution to of Improvident Plea of Guilty. — At Office of the President; provided, that
any time before the judgment of delay
prove his guilt and the precise the period of suspension shall not
degree of his culpability conviction becomes final, the court exceed sixty (60) days counted from
 Allow the accused to present may permit an improvident plea of the filing of the petition with the
evidence in his behalf guilty to be withdrawn and be reviewing office.
substituted by a plea of not guilty
 Rule 117
MOTION TO QUASH

NOT WAIVABLE GROUNDS FOR MOTION TO QUASH WAIVABLE

THAT THE FACTS CHARGED DO NOT CONSTITUTE AN OFFENSE THAT THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE PERSON OF THE
ACCUSED
Only the facts alleged in the information shall be considered.
When there is illegality of arrest
The allegations must be HYPOTHETICALLY admitted
subject to waiver when the accused enters plea
The court may consider amendment of the Information
the waiver does not extend to the evidence obtained as a result of illegal arrest

THAT THE COURT TRYING THE CASE HAS NO JURISDICTION OVER THE OFFENSE CHARGED THAT THE OFFICER WHO FILED THE INFORMATION HAD NO AUTHORITY TO DO SO
It must be based on the allegation in the information
The RULES provides that "no complaint or information may be filed or dismissed by an
it must be based in law investigating prosecutor without prior written authority or approval of the provincial or
city prosecutor or ombudsman.
it is subject to re-filling to the court of proper jurisdiction
This requirement is Mandatory. (Quisay v People) - Remember that this ruling was
already ABANDONED by VILLA-GOMEZ case. It is not Mandatory at all; it can be Waived!
THAT THE CRIMINAL ACTION OR LIABILITY HAS BEEN EXTINGUISHED Thus, if an information has no written approval of the Chief Prosecutor or provincial
Art. 89 RPC - Absolute extinguishment prosecutor, and you as the counsel to the accused does not question it in a motion to
Art. 94RPC - Partial extinguishment quash, you waived it by your silence, acquiescence, or failure to raise such ground during
Death, Service of Sentence, Amnesty,
Absolute Pardon, Prescription, Prescription Conditional Pardon, Commutation of sentence, arraignment or before entering a plea. VILLA-GOMEZ
of Penalty, Marriage of offended women Allowance for good conduct
THAT IT DOES NOT CONFORM SUBSTANTIALLY TO THE PRESCRIBED FORM

THAT IT CONTAINS AVERMENTS WHICH, IF TRUE, WOULD CONSTITUTE A LEGAL EXCUSE Refer to Sec. 6 Rule 110 - Sufficiency of complaint or information
OR JURISDICTION
THAT MORE THAN ONE OFFENSE IS CHARGED EXCEPT WHEN A SINGLE PUNISHMENT
DOUBLE JEOPARDY FOR VARIOUS OFFENSES IS PRESCRIBED BY LAW
The accused may be convicted for as many offenses charged in the information as are
A valid Complaint or Info proved during the trial.
Filed in Competent court
A Valid plea was entered by the accused
Acquittal or conviction of the accused, or the dismissal or termination the case against him
without his express consent.
 Rule 118
PRE-TRIAL MATTERS TO BE CONSIDERED DURING PRE-
TRIAL PRE-TRIAL AGREEMENTS

 Plea Bargaining ALL agreements or admissions made or entered during

PRE-TRIAL IN CRIMINAL CASES IS  Stipulation of facts the pre-trial conference shall be:

MANDATORY  Marking for identification of evidence of the partis  Reduced in writing

 Waiver of obections to admissibility of evidence
Sec 1, Rule 117 - Pre-trial; mandatory in criminal
 Modification of the order of trial of the accused  and SIGNED by the ACCUSED & COUNSEL
cases. - In all cases cognizable by SB, RTC, MTC, Otherwise, they cannot be USED AGAINST the
admits the charge but interposes a lawful defense;
the court shall, AFTER ARRAIGNMENT and within ACCUSED.
and
30 days from the date the court acquires
 Such matters as will promote a fair and expeditious
jurisdiction over the person of the accused, unless
trial of the criminal and civil aspects of the case
a shorter period ois provided for in special laws or
circulars of the SC
NON-APPEARANCE DURING PRE-TRIAL

Sec. 3 Rule 118. Non-appearance at Pre-trial

ARRAIGNMENT Conference - If the counsel for the accused or the
prosecutor does not appear at the pre-trial conference
w/in 30 days from the date the court acquires and does not offer an acceptable excuse for his lack of
jurisdiction over the person of the accused cooperation, the court may impose proper sanctions
ARRAIGNMENT AND PRE-TRIAL SHALL BE or penalties.
CONDUCTED ON THE SAME DAY!

MANDATORY PRE TRIAL PRE-TRIAL ORDER

Sec. 4 Rule 118. - After the pre-trial conference, the

there is a new rule to be observed under the
court shall issue an ORDER reciting the the actions
CONTINUOUS TRIAL RULE. NEW RULE ON CONTINUOUS TRIAL:
taken, the facts stipulated, and evidence marked.

 Such order SHALL bind the parties, limit the

Schedule of arraignment and Pre-trial - Once the court
trial to matters not disposed of, and control the
DETAINEE NON-DETAINEE acquired jurisdiction over the accused, the
course of the action during trial, unless
arraignment and the pre-trial shall be set within 10
modified b ythe court to prevent manifest
calendar days from the date of the court's receipt of
WITHIN 10 CALENDAR WITHIN 30 CALENDAR DAYS injustice.
the case for a detained accused, and within 30
DAYS calendar days from the date the court acquires
from the date the court acquires
from the date of the jurisdiction (either arrest or jurisdiction (either arrest or voluntary surrender) over
court's receipt of the case voluntary surrender) over a non- a non-detained accused, unless a shorter period is
for a detained accused detained accused provided by special law or SC
 Rule 119 After a plea of not guilty is
New rule on Continuous trial:
entered, the accused shall have at
TRIAL least 15 days to prepare for trial. Trial shall be set NOT LATER than 30 days
from the termintaion of the Pre-trial
conference. (A.M. No. 12-11-2-SC)

REGULAR CASES:
ENVIRONMENTAL CASES:
ARRAIGNMENT TRIAL JUDGEMENT
ARRAIGNMENT TRIAL JUDGEMENT
MANDATORY
PRE-TRIAL MANDATORY
180 Days 180 Days
30 days
Presentation of Presentation of PRE-TRIAL 180 Days 180 Days
30 days prosecution and prosecution and Presentation of Memo Presentation of
defense defense 30 days prosecution and prosecution and
defense defense

Disposition period shall be within 10 months from the date of arraignment

DRUG CASES:

INTELLECTUAL PROPERTY RIGHTS CASES:

ARRAIGNMENT TRIAL JUDGEMENT

MANDATORY ARRAIGNMENT TRIAL JUDGEMENT

PRE-TRIAL 30 days
Trial to be Promulgation is MANDATORY
finished 60 days within 15 days Memo
30 days PRE-TRIAL Trial to be finished Judgement is 90 days
from filing of from time of
info submission of 1200 days from from submission of
decision 30 days filing of info decision
 DEPOSITION IN CRIMINAL CASES WHAT ARE THE CIRCUMSTANCES UNDER WHICH THE ACCUSED MAY FILE
ORDER OF TRIAL FOR THE TAKING OF DEPOSITION OF HIS WITNESS?
SECTION 12. Application for Examination of Witness for
The prosecution shall present evidence Accused Before Trial. — When the accused has been held The witness is sick or infirm as to afford reasonable ground for believing that he will
to prove the charge and, in the proper to answer for an offense, he may, upon motion with not be able to attend the trial
case, the civil liability. notice to the other parties, have witnesses conditionally The witness resides more than one hundred (100) kilometers from the place of trial
examined in his behalf. The motion shall state: (a) the
The accused may present evidence to and has no means to attend the same
name and residence of the witness; (b) the substance of
prove his defense and damages, if any, his testimony; and (c) that the witness is sick or infirm as Other similar circumstances exist that would make him unavailable or prevent him
arising from the issuance of a to afford reasonable ground for believing that he will not from attending the trial.
provisional remedy in the case. be able to attend the trial, or resides more than one
hundred (100) kilometers from the place of trial and has
The prosecution and the defense may,
no means to attend the same, or that other similar
in that order, present rebuttal and sur- CONDITIONAL EXAMINATION OF PROSECUTION’S WITNESS
circumstances exist that would make him unavailable or
rebuttal evidence unless the court, in prevent him from attending the trial. The motion shall be
furtherance of justice, permits them to supported by an affidavit of the accused and such other
SECTION 15. Examination of Witness for the Prosecution. — When it
present additional evidence bearing evidence as the court may require satisfactorily appears that a witness for the prosecution is too sick or infirm to
upon the main issue (Section 11, Rule appear at the trial as directed by the court, or has to leave the Philippines with
119). no definite date of returning, he may forthwith be conditionally examined
before the court where the case is pending. Such examination, in the presence
of the accused, or in his absence after reasonable notice to attend the
SECTION 13. Examination of Defense Witness; How examination has been served on him, shall be conducted in the same manner
Upon admission of the evidence of the Made. — If the court is satisfied that the examination as an examination at the trial. Failure or refusal of the accused to attend the
parties, the case shall be deemed of a witness for the accused is necessary, an order examination after notice shall be considered a waiver. The statement taken
submitted for decision unless the court shall be made directing that the witness be examined may be admitted in behalf of or against the accused (Rule 119).
directs them to argue orally or to at a specific date, time and place and that a copy of
submit written memoranda. the order be served on the prosecutor at least three
When the accused admits the act or (3) days before the scheduled examination. The
HOW TO SECURE ATTENDANCE OF A MATERIAL WITNESS:
omission charged in the complaint or examination shall be taken before a judge, or, if not
information but interposes a lawful practicable, a member of the Bar in good standing so
SECTION 14. Bail to Secure Appearance of Material Witness. — When the
defense, the order of trial may be designated by the judge in the order, or if the order
court is satisfied, upon proof or oath, that a material witness will not testify
modified (Section 11, Rule 119). be made by a court of superior jurisdiction, before an
when required, it may, upon motion of either party, order the witness to post
inferior court to be designated therein. The
bail in such sum as may be deemed proper. Upon refusal to post bail, the court
examination shall proceed notwithstanding the
shall commit him to prison until he complies or is legally discharged after his
absence of the prosecutor provided he was duly
testimony has been taken
notified of the hearing. A written record of the
testimony shall be taken,
NOTE
According to People vs. Webb, 312 SCRA 573, it can
be gleaned from the definition of deposition and in
keeping with the mode of discovery, it should be
taken before and not during the trial
 HOW TO DISCHARGE A CO-ACCUSED TO WHAT IS THE EFFECT OF THE DISCHARGE OF
DEMURER TO EVIDENCE
BECOME A STATE WITNESS UNDER THE THE CO-ACCUSED?
RULES? SECTION 18. Discharge of Accused Operates as It is filed after the prosecution rested its case.
Acquittal. — The order indicated in the preceding
The court shall require the prosecution to present It is filed either with leave of court or without leave of court
section shall amount to an acquittal of the discharged
evidence and the sworn statement of each proposed accused and shall be a bar to future prosecution for If filed with leave of court and is denied by the Court, the
witness the same offense, unless the accused fails or refuses accused will still be allowed to present evidence.
The Court shall conduct a hearing in support of the to testify against his co-accused in accordance with his
If filed without leave of court and is denied by the Court, the
discharge (Section 17, Rule 119) sworn statement constituting the basis for his
accused will not be allowed to present evidence and the case
discharge.
will be submitted for decision (Section 23, Rule 119).

The granting of demurrer to evidence is tantamount to acquittal

REQUISITES BEFORE THE ACCUSED MAY BE
DISCHARGE AS A STATE WITNESS: MISTAKE IN CHARGING THE PROPER OFFENSE Although the grant of a demurrer to evidence amounts to an acquittal
and that the order of dismissal is not subject to appeal, it may be
SECTION 19. When Mistake has Been Made in reviewed thru certiorari. The order denying the motion for leave of
Two or more accused are jointly charged with the court to file demurrer to evidence or the demurrer itself shall not be
commission of an offense Charging the Proper Offense. — When it becomes
reviewable by appeal or by certiorari before judgment
manifest at any time before judgment that a mistake
The motion to discharge is filed by the prosecution has been made in charging the proper offense and the
before it rests its case accused cannot be convicted of the offense charged
The prosecution is required to present evidence and or any other offense necessarily included therein, the
the sworn statement of each proposed witness at the accused shall not be discharged if there appears good DEMURER MOTU PROPRIO
hearing of the discharge cause to detain him. In such case, the court shall
commit the accused to answer for the proper offense After the prosecution rests its case, the court may dismiss the
The trial court is satisfied that: and dismiss the original case upon the filing of the action on the ground of insufficiency of evidence (1) on its own
There is absolute necessity for the testimony of the proper information (Rule 119). initiative after giving the prosecution the opportunity to be
accused whose discharge is requested; (b) There is no heard
other direct evidence available for the proper HOW DO WE KNOW IF IT IS AMENDMENT OR
prosecution of the offense committed, except the
SUBSTITUTION?
testimony of said accused; (c) The testimony of said
accused can be substantially corroborated in its In determining, therefore, whether there should be an REVIEW ON THE RESOLUTION OF A DEMURRER
material points; (d) Said accused does not appear to be amendment under the first paragraph of Section 14,
the most guilty; and (e) Said accused has not at any Rule 110, or a substitution of information under the In case of denial, certiorari may be available if there is grave
time been convicted of any offense involving moral second paragraph thereof, the rule is that where the abuse of discretion
turpitude second information involves the same offense, or an
offense which necessarily includes or is necessarily The grant of demurrer to evidence resulting to the dismissal of
included in the first information, an amendment of the the case on the merits, is tantamount to an acquittal
information is sufficient; otherwise, where the new However, certiorari will lie if there is grave abuse of discretion
information charges an offense which is distinct and
different from that initially charged, a substitution is in
order
 Rule 120
CAN CIVIL LIABILITY BE AWARDED DESPITE EFFECT OF ACQUITTAL ON CIVIL LIABILITY
JUDGEMENT ACQUITTAL?
In the first instance, acquittal closes
Yes. In case the judgment is of acquittal, it shall state In second instance, even if guilt of
the door to civil liability, for a person
SECTION 1. Judgment; Definition and whether the evidence of the prosecution absolutely the accused has bot been proven
who has been found to be not the
Form. — Judgment is the adjudication by failed to prove the guilt of the accused or merely failed satisfactorily established, he is not
perpetrator of the crime ought not
the court that the accused is guilty or not to prove his guilt beyond reasonable doubt. In either exempt from civil liability which may
to be civilly liable. There being no
guilty of the offense charged and the case, the judgment shall determine if the act be proved by preponderance of
delict, civil liability ex delicto is out evidence only.
imposition on him of the proper penalty oromission from which the civil liability might arise did
of the question
and civil liability, if any. It must be written not exist (Section 2, Rule 120)
in the official language, personally and
directly prepared by the judge and signed
by him and shall contain clearly and ACQUITTAL WHICH DOES NOT EXEMPT THE ACCUSED FROM
CAN THE PRIVATE OFFENDED PARTY APPEAL CIVIL LIABILITY
distinctly a statement of the facts and the
law upon which it is based. THE CIVIL LIABILITY?
The acquittal is based on reasonable doubt.
In the case of Sanchez vs. Far East Bank and Trust Co.
Where the court declared that the liability of the accused is only civi
The SC held that, based on the foregoing jurisprudence,
it is settled that the private offended party may appeal Where the civil liability of the accused does not arise from or is not based
CONTENTS OF JUDGMENT upon the crime of the accused was acquitted.
the civil aspect of the judgment despite the acquittal of
the accused. But this recourse may prosper only if the
SECTION 2. Contents of the Judgment. —
nature of the trial court’s judgment falls under the 3
If the judgment is of conviction, it shall
categories of judgment in Salaza VARIANCE BETWEEN THE ALLEGATION AND PROOF
state (1) the legal qualification of the
offense constituted by the acts
When there is variance between the offense charged in the complaint or
committed by the accused and the
THE CASE WAS SUBMITTED FOR DECISION information and that proved, and the offense as charged is included in or
aggravating or mitigating circumstances
WHILE THE JUDGE WAS STILL THE PRESIDING necessarily includes the offense proved, the accused shall be convicted of
which attended its commission; (2) the
the offense proved which is included in the offense charged, or of the
participation of the accused in the JUDGE OF THE RTC. THE PRESIDING JUDGE
offense charged which is included in the offense proved (Section 4, Rule
offense, whether as principal, WAS TRANSFERRED LATERALLY TO A 120).
accomplice, or accessory after the fact;
DIFFERENT RTC. CAN HE STILL DECIDE THE
(3) the penalty imposed upon the
accused; and (4) the civil liability or
CASE?
damages caused by his wrongful act or WHEN IS AN OFFENSE INCLUDED OR INCLUDES IN ANOTHER?
Yes. The Court issued a resolution implementing BP
omission to be recovered from the
129 which provides that cases already submitted for An offense charged necessarily includes the offense proved when some of
accused by the offended party, if there is
decision shall be decided by the Judge to whom they the essential elements or ingredients of the former, as alleged in the
any, unless the enforcement of the civil
were submitted complaint or information, constitute the latter. And an offense charged is
liability by a separate civil action has been
reserved or waived. necessarily included in the offense proved, when the essential ingredients
of the former constitute or form part of those constituting the latter
(Section 5, Rule 120)
 HOW IS JUDGMENT PROMULGATED? HOW IS PROMULGATION MADE IF THE ACCUSED FAILS TO APPEAR?
The proper clerk of court shall give notice to the accused personally or through his
The judgment is promulgated by reading it in the presence of the accused and any judge of bondsman or warden and counsel, requiring him to be present at the promulgation of the
the court in which it was rendered. However, if the conviction is for a light offense, the decision. If the accused was tried in absentia because he jumped bail or escaped from
judgment may be pronounced in the presence of his counsel or representative. When the prison, the notice to him shall be served at his last known address
judge is absent or outside the province or city, the judgment may be promulgated by the clerk
of court (Sec. 6, Rule 120). In case the accused fails to appear at the scheduled date of promulgation of judgment
despite notice, the promulgation shall be made by recording the judgment in the criminal
docket and serving him a copy thereof at his last known address or thru his counsel.

HOW IS JUDGMENT PROMULGATED IT THE ACCUSED IS CONFINED OR

DETAINED? EFFECT IF THE ACCUSED FAILS TO APPEAR BUT THE JUDGMENT IS FOR
CONVICTION
If the accused is confined or detained in another province or city, the judgment may be
promulgated by the executive judge of the Regional Trial Court having jurisdiction over the If the judgment is for conviction and the failure of the accused to appear was without justifiable
place of confinement or detention upon request of the court which rendered the judgment. cause, he shall lose the remedies available in these rules against the judgment and the court shall
order his arrest.
The court promulgating the judgment shall have authority to accept the notice of appeal and
to approve the bail bond pending appeal; Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and
file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence
provided, that if the decision of the trial court convicting the accused changed the nature of at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall
the offense from non-bailable to bailable, the application for bail can only be filed and be allowed to avail of said remedies within fifteen (15) days from notice. (Sec. 6, Rule 120)
resolved by the appellate court. (Sec. 6, Rule 120)

REMEDIES AGAINST A JUDGMENT OF CONVICTION

MODIFICATION OF RE-OPENING OF THE MOTION FOR APPEAL FROM JUDGMENT

JUDGMENT (SEC. 7, RULE PROCEEDINGS (SEC. 24, MOTION FOR NEW TRIAL RECONSIDERATION (SEC. (RULE 122)
120) RULE 119) (SEC. 1, RULE 121) 1, RULE 121)

At any time before finality of the

A judgment of conviction may, judgment of conviction, the At any time before a judgment of conviction becomes final, the court Any party may appeal from a
upon motion of the accused, be judge may, motu proprio or may, on motion of the accused or at its own instance but with the judgment or final order, unless
modified or set aside before it upon motion, with hearing in consent of the accused, grant a new trial or reconsideration. (1a) the accused will be placed in
becomes final or before appeal either case, reopen the double jeopardy
is perfected. proceedings to avoid a Shall be in writing and shall state the grounds on which it is based.
miscarriage of justice.
 MOTION FOR
MOTION FOR NEW TRIAL NEYPES RULE / FRESH PERIOD
RECONSIDERATION
UPON MOTION IN WRITING If the motion is denied, the movant has a “fresh period” of fifteen (15) days from receipt
of the notice of the order denying or dismissing the motion for reconsideration within UPON MOTION IN WRITING
which to file the notice of appeal.

GROUNDS The “fresh period” rule applies not only in Rule 41 GROUNDS
This was adopted to standardize the appeal period. Neypes vs. Court of Appeals,

1. The errors of law or irregularities The court shall grant reconsideration on the
prejudicial to the substantial rights of the ground of errors of law or fact in the
accused have been committed during the 2. The new and material evidence has been
judgment, which requires no further
trial (arraignment to judgement) discovered which the accused could not
proceedings.
with reasonable diligence have discovered
and produced at the trial and which if
introduced and admitted would probably
change the judgment.

IF GRANTED

Requisites of newly discovered evidence: On the ground of errors of law or irregularities committed during
Evidence must be discovered AFTER TRIAL the trial

It could not have been previously discovered & produce at the trial even with exercise of All proceedings and evidence affected thereby shall be set aside
reasonable diligence and taken anew.

It is new and material evidence If introduced and admitted, it would PROBABLY change the The court may, in the interest of justice, allow the introduction of
Judgement. additional evidence.
The original judgment shall be set aside or vacated and
IF GRANTED IF NOT GRANTED a new judgment rendered accordingly

On the ground of errors of law or irregularities On the ground of newly-discovered evidence

committed during the trial The evidence already adduced shall stand and
All proceedings and evidence affected thereby the newly-discovered and such other
shall be set aside and taken anew. evidence as the court may, in the interest of
justice, allow to be introduced shall be taken
The court may, in the interest of justice, allow and considered together with the evidence
the introduction of additional evidence. already in the record.

The original judgment shall be set aside or vacated and a new judgment
rendered accordingly.
 Rule 122
APPEAL

ACQUITTED CONVICTED
A Judgement becomes final after
DOUBLE JEOPARDY NOW FILE NOTICE OF FINAL JUDGEMENT
JUDGEMENT PROMULGATION APPEAL
the lapse of the period for
CAN BE INVOKED perfecting an appeal
The prosecution cannot DECIDED BY: APPEAL TO:
appeal the case because the Notice of Appeal under Rule 40
right of the accused against shall be taken by filing a notice of appeal with MTC and by serving a copy thereof upon the adverse
double jeopardy shall bar MTC RTC party
them.
Petition for review under Rule 42
However, there is still a MTC orig jurisdiction and RTC is the appellate jurisdiction, then File petition for review with CA
remedy and that is RULE 65. MTC RTC CA within 15 days from receipt of notice

PROSECUTION REMEDY Notice of Appeal under Rule 41

Shall be taken by filing a notice of appeal with the RTC or final order appealed from and by serving
RULE 65. CERTIORARI RTC CA a copy thereof upon the adverse part.
File a petition for certiorari The appeal to the Supreme Court in cases where the penalty imposed by the RTC is reclusion
under Rule 65 in the higher perpetua, or life imprisonment or lesser appeal, shall be by filing a notice of appeal with RTC
court questioning if there is DEATH PENALTY
grave abuse of discretion on the
CA Automatic Review
judge amounting to lack and
If RTC imposes death penalty, CA shall
excess of jurisdiction.
Automatically review it.
No notice of appeal in Death penalty
No notice of appeal is necessary in cases
CA imposes Death Penal
Appeal by ANY SEVERAL where the death penalty is imposed
CA renders judgement, but refrains from making
ACCUSED? The records shall be forwarded to the
an ENTRY of judgment and certifies the case and
Supreme Court for automatic review
1. An appeal taken by one or more of RTC CA elevate to SC for review
and judgment within five (5) days after
several; accused SHALL NOT AFFECT
the fifteenth (15) day following the
those who did not appeal CA imposes Reclution perpetua or Life
Except insofar as the judgment of
promulgation of the judgment or notice
imprisonment
the appellate court is favorable and of denial of a motion for new trial or
Rule 41. Notice of Appeal
applicable to the latter. reconsideration
2. The appeal of the offended party
Other than Death, Reclution perpertua or Life
from the civil aspect shall not affect
the criminal aspect of the judgment
imprisonment
or order appealed from. Rule 45. Petition for Review on Certiorari
3. Upon perfection of the appeal, the
execution of the judgment or final
order appealed from shall be stayed
as to the appealing party