I.

If defective in form
Criminal Procedure May be filed in the prosecutors office or directly to the court a) court may dismiss the complaint or information motu propio
or upon motion, or
Introduction: Information b) accused may move for a BILL OF PARTICULARS
1.An accusation in writing II. If defective in substance – No obligation is imposed on the judge
Etymology: Krimea [Greek]: meaning, “to charge a wrongdoing” 2. Subscribed by the Prosecutor to point out the duplicitousness or other defect in the indictment
3.Filed with the court on which an accused is being arraigned. It is for the accused to
Criminal Procedure move for a motion to quash on the ground that the complaint or
The method prescribed by law for the apprehension and Both are: information charges more than one offense, under sanction of
prosecution of persons accused of any criminal offense, and their 1. In writing waiver and loss of ground of objection (Concurring opinion of CJ
punishment, in case of conviction. 2. In the name of the People of the Philippines Narvasa, People v. Bartulay, 192 SCRA 632)
3. Directed against all persons who appear to be responsible for
It is concerned with the procedural steps through which a criminal the offense involved. Note: For certain classes of Actions, it is the tribunal having
case passes, commencing with the initial investigation of a crime jurisdiction which automatically determines whether or not the
and concluding with the unconditional release of the offender. Elements of a complaint or information: papers are in order before giving it due course, meaning, it satisfies
1. Formal elements, and itself if the complaint or information is sufficient in form and in
It is a generic term used to describe the network of laws and rules 2. Substantive elements. substance.
which govern the procedural administration of criminal justice.
It must be: Examples:
Criminal Jurisdiction 1. Sufficient in form, and Articles of Impeachment in an impeachment proceedings
The authority to hear and decide a particular offense and impose 2. Sufficient in substance Presidential Election Protest
punishment for it. It has three requisites, namely:
Thus, under Section 14, of Rule 110, a complaint or information This is not so in criminal proceedings. It is incumbent upon the
Subject matter – cases of the general class where the proceedings may be amended, in form and in substance . accused to object on substantive defects (People v. Bartulay,
in question belong as determined by the nature of the offense and supra).
by the penalty imposed by law; A complaint or information is sufficient in form if it states:
Territory – the geographical limits of the territory over which the [N.D.A.N.A.P.] Query:
court presides and where the offense was committed; and 1. The Name of the accused
Person of the accused – acquired thru: a) arrest [with warrant or 2. The Designation of the offense given by the statute JP was charged for indiscriminate firing. He claimed that he has to
warrantless] or b) voluntary surrender. 3. The Acts or omissions complained of as constituting the offense fire his gun in self-defense because there was an actual threat on
4.The Name of the offended party his person and the firing of warning shots was reasonably
I. Prosecution of Offenses 5. The Approximate date of the commission of the offense necessary in order to prevent or repel the unlawful aggression
6. The Place where the offense was committed. directed against him. Despite this, the fiscal went on to file the
How instituted? information in court. May JP claim that the information, though
By filing the: 1) Complaint, or 2) Information. A complaint or information is sufficient in substance if it doesn’t sufficient in form, is defective in substance? Why?
contain any of the defects which is a ground for a motion to quash.
Complaint (Section 3, Rule 117) No. JP cannot claim that the information is defective in substance.
A sworn written statement charging a person with an offense This is so because “self-defense” is not a ground for a motion to
Executed and Subscribed by the O.P.A.O. [Offended Party, Any Note: A motion to quash, once granted, is equivalent to dismissal quash but a matter of defense. If proven, self-defense is a basis for
peace officer, or Other public officer charged with the (but not acquittal). acquittal, not dismissal.
enforcement of the law violated].
Remedy if a complaint or information is defective:
 prosecutors finding that there is sufficient evidence against all. Reserves the right to institute it separately; or
There was no more necessity to utilize D as a state witness. Institutes the civil action prior to the criminal action
Any explanation or defense which the defendant may want to
invoke can be properly raised during trial (Galvez v. CA, 237 SCRA Exeption: Principle of proferrence of criminal action over civil action:
685). Under the Witness Protection Act, the prosecutor has the After the criminal action has been commenced, the separate civil
discretion of discharging an accused as a state witness and no action arising therefrom cannot be instituted until final judgment
Distinction between Acquittal and Dismissal: court approval is necessary. has been entered in the criminal action.
1. Acquittal is based on MERITS of the case (substantive) ex:
accused A was found innocent of killing B. II. Is designation of the offense an essential element of the If the criminal action is filed after the said civil action has already
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime complaint or information? Why? Give the exception, if any. been instituted, the latter shall be suspended in whatever stage it
has already prescribed. may be found before judgments on the merits xxx.
No. Because in case of conflict between the designation of the
Notes: offense and the allegations, the allegation prevails. Reason for the rule:
1. There are certain classes of offenses that cannot be prosecuted Criminal action is based on an offense committed against the laws
de officio – 1private offenses, i.e. adultery, concubinage, etc. and The exception is when the allegation is so ambiguous that it may of the State while civil action is based on an injury to individual
2private libels, i.e. defamation imputing private offenses. be interpreted to mean either one or another offense, then the rights. Public interest is superior over private one.
2. For some offenses, there are conditions precedents before designation of the offense is controlling (Case of US v. Dixon,
plaintiff can repair to the courts for redress [i.e. those requiring where the designation is for trespassing but the allegations Exception to the rule of proferrence of criminal action over civil
mediation at the “lupong tagapamayapa”]. However, non- indicates either trespassing or a possible attempted rape). action
compliance of this rule is not jurisdictional. The failure of the When the independent Civil Action is based on Articles 32, 33, 34
plaintiff to comply with the conciliation requirement of Sec. 40 II. Prosecution of Civil Action and 2176 of the Civil Code.
under the Local Government Code of 1991 does not affect the When there is a prejudicial question in the civil case that must be
Court’s jurisdiction if no timely objection is made [San Miguel Basis: decided first before the criminal action can proceed because the
Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA Art. 100, RPC - Every person criminally liable is also civilly liable decision in the civil action is vital to the judgment of the criminal
566]. case.
Generally, when a person commits a crime, he offends two entities,
3. All criminal actions, whether commenced by filing of namely: Elements of Prejudicial Question:
complaint or information, are under the direct control of the 1) The State [whose laws he violated]; and The previously instituted civil action involves an issue similar or
prosecutor. 2) The individual [whose person, right, honor, chastity, or property intimately related to the issue raised in the subsequent criminal
was actually or directly injured or damaged by the same acts or action, and
Queries: omissions]. The resolution of such issue determines whether or not the
criminal action may proceed.
I. A, B, C, D were charged with homicide. Preliminary investigation Exception:
was conducted by the fiscal who found sufficient evidence against When the infraction falls under the class of offenses called Queries:
all, but, according to his determination, D was the least guilty. So victimless crimes like gambling, betting on illegal cock fights, drug
the fiscal filed the information only against A, B, and C leaving out addiction, prostitution, etc. etc. under the theory that “the 1. Nobern married Armie on 2005. On 2006, Nobern married X. On
D whom he would utilize as state witness. Is the fiscal correct? offender himself is his own victim”. 2007, Armie filed a criminal case for bigamy against Nobern. On
2008, X filed a civil case for annulment against Nobern on the
Under the Rules of Court, the fiscal cannot exclude D without court Sec. 1, Rule 111 - When a criminal action is instituted, the civil ground that their marriage was void ab initio for having been
approval. It would be a grave abuse of discretion on the part of the action for the recovery of civil liability is deemed instituted with contracted during the subsistence of Nobern’s prior marriage to
court in not including D in the information because of the the criminal action unless the offended party: Armie without X knowing it.
Waives the civil action;
Is there a prejudicial question? Why? Note: Effective 2004, judges of the lower court canno longer As to the manner of enforcement, by:
conduct Preliminary Investigations. 1) Actual restraint, or
2. Nobern married Armie on 2005. On 2006, Nobern married X 2) Submission to the custody of the person making arrest
because X threatened to kill him unless he marries X. On 2007, Rules:
Nobern filed an annulment against X on the ground of threat and 1. The complaint must be sufficient in form [See notes in As to the presence or absence of judicial order:
intimidation. On 2008, Armie filed a criminal case for bigamy Prosecution of Offenses, supra] 1) By virtue of a warrant, or
against Nobern upon learning of Nobern’s marriage to X. 2. Supported by affidavits of the complainant and his witnesses 2) Warrantless arrest, in cases allowed by the Rules
3. Numbers of copies are proportionate to the number of
Is there a prejudicial question? Why? respondents plus 2 official copies As to the person arresting:
1) Arrest by peace officer, or
Note: 1. Within 10 days after the filing, fiscal determines if there is prima 2) Citizens arrest
Prejudicial question is subject to the principle that he who comes facie case. If no – dismiss. If yes – issue subpoenas.
into court must come with clean hands. The accused cannot be 2. Within 10 days after receipt of subpoena with the complaint and When warrantless arrests allowed:
permitted to use the law in order to frustrate the ends of justice. supporting affidavits and documents – respondent submits
Good faith or bad faith is important. counter affidavits. 1. Inflagrante Delicto arrest – when in his presence, the person to
3. In case respondent cannot be subpoenaed or does not submit be arrested has:
counter affidavit within 10 days – investigating officer resolves the
III. Preliminary Investigation complaint on the basis of evidence presented by complainant. Committed
Is actually committing an offense
Defined Clarificatory hearing – if there are facts and issues to be clarified Is attempting to commit
It is an inquiry or proceeding to determine whether there is from a party or witness - within 10 days after submission of
sufficient ground to engender a well-founded belief that a crime counter affidavit. No direct examinations. Questions must be Translation: In flagrante delicto [latin] – Literally, “caught in the act
has been committed and the respondent is probably guilty thereof, addressed to the fiscal. of wrong”.
and should be held for trial.
Resolution – within 10 days after the investigation. 2. Hot Pursuit arrest – when an offense has Ajust been committed
When required? Forwarding of fiscals’ resolution to superiors – within 5 days and Bhe has probable cause to believe based on personal
Before the filing of complaint or information for an offense where Superiors shall act on the resolution – within 10 days knowledge of facts or circumstances that the person arrested has
the penalty prescribed by law is imprisonment of at least 4 years, 2 committed it.
months and 1 day, without regard to fine.
IV. Arrest Tests in determining probable cause based on personal knowledge:
When NOT REQUIRED:
In cases where the penalty imposed by law is NOT at least 4 years, Defined: Must be based on the senses, i.e.
2 month, & 1 day 1. [Based on Rules of Court] The taking of a person in custody in 1) Sight
In case of a valid warantless arrest [shall proceed in inquest] order that he may be bound to answer for the commission of an 2) Hearing
offense (Sec. 1, RRC) 3) Smell
Officers authorized to conduct PI
Provincial or City Prosecutors and their assistants; 2. [Based on Jurisprudence] A restraint on person, depriving one of Notes:
National and Regional State Prosecutors; and his own will and liberty, binding him to become obedient to the A. The arresting officer must have personal knowledge of the
Other officers as may be authorized by law [COMELEC during will of the law (Larrañaga v. CA, 92 SCAD 605) commission of the crime through his senses. He cannot “fish” for
Election Period, Ombudsman, etc.] evidence first and afterward make the arrest.
How made: B. The term “personal knowledge” excludes hearsay as a basis for
probable cause.
C. There must first be a lawful arrest before any search may be 3) Has escaped, flees or forcibly resist before the officer or the The right to bail only accrues when a person is under custody.
conducted. The process cannot be reversed (Dissent of Chief private person making the arrest has the opportunity to inform Court must have jurisdiction over the person of the accused either
Justice A. Narvasa, People v. Malmstedt). Exception: in case of him of 1 & 2, or thru: 1) arrest, with or without warrant, or 2) voluntary surrender.
valid warantless searches (Majority opinion, People v. Malmstedt, 4) When the giving of info would imperil the arrest
198 SCRA 401). Exception:
D. For purposes of arrest – Officer may break into any building or Tests in determining lawfulness of USE OF LETHAL FORCE by the When the person under investigation cannot personally appear
enclosure where the person to be arrested is or is reasonably arresting officer: because he is hospitalized but applies for bail through his counsel,
believed to be, if he is refused admittance thereto, after he is deemed to be under the constructive custody of the law
announcing his authority and purpose (Sec. 11, RRC). 1) Test of reasonability – conduct of the arresting officer is (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA, 247 SCRA
E. For purposes of search and seizure – he cannot break into any examined. 741).
building or enclosure without violating the right of privacy. Where the precipitate action of the arresting officer resulted in the
Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, loss of a human life and there exists no circumstances whatsoever Where to apply?
People v. Evaristo, 216 SCRA 431). 2) When there is a warrant. justifying the shooting of a person who is asleep, even if he is a In the court where the case is pending (if not yet filed, may be filed
notorious criminal – condemnation, and not condonation should before any court).
3. Arrest of fugitives from justice – persons who has escaped from be the rule (People v. Oanis, 74 Phil. 257).
a penal establishment, place of confinement etc. while serving Conditions for bail:
sentence, temporarily confined, or case is still pending – may be 2) Test of necessity – conduct of the person arrested is examined. See Sec. 2, Rule 114
arrested under the theory that “he is engaged in the commission Where the arrested person attempts to flee, struck a policeman
of a continuing offense” (Parulan v. Director of Prisons, 22 SCRA with his fists, draw a mess knife and attacked another policeman, Bail, a matter of right:
639). the arresting officer is not required to afford him a fair opportunity 1. Before or after conviction by MTC, MTCC or MCTC
for equal struggle. A police officer, in the performance of his duty, 2. Before conviction by RTC of an offense not punishable by death,
Methods of Arrest: must stand his ground and cannot, like private individual, take reclusion temporal, or life imprisonment
refuge in flight. His duty requires him to overcome the offender
I. With warrant, by officer: (US v. Mojica, 42 Phil 784). Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable by death,
The officer shall inform the person of: 1) the cause of the arrest reclusion perpetua, or life imprisonment.
2) fact that warrant exist V. Bail 2. Before conviction for capital offenses [punishable by death], or
an offense punishable by reclusion perpetua or life imprisonment,
Exception: 1) When he flees or forcibly resist before 1 & 2 is Kinds of bail bonds: when evidence of guilt is not strong. (Bail is neither a matter of
completed 1. cash bond right nor a matter of discretion only in cases where the evidence of
2) When the giving of info will imperil the arrest 2. property bond guilt is strong).
3. surety bond
II. Without warrant, by an officer and by private persons: 4. recognizance Bail granted in capital offenses despite findings that evidence of
guilt is strong (Cited in Cruz, Constitutional Law, 2003 Ed.):
Inform the person of 1) authority and cause of arrest [if person Defined: De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted
arresting is police officer] or 2) intent to arrest and cause [if person The security given for the release of a person in custody of the law, bail due to tuberculosis that requires confinement to the hospital.
arresting is private person] furnished by him or a bondsman, to guarantee his appearance People v. Sison, GR 398, September 19, 1946 – humanitarian
before any court as required under the conditions of law. reasons considered by SC.
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense Generally: Notes:
2) Is pursued immediately after its commission
1. The right to bail flows from the presumption of innocence. This Hierarchy of proof [according to degree of persuasiveness]: beyond the pale and protection of the law (People v. Salas 143
is so because accusation is not synonymous with guilt. Absolute certainty – ultimate truth [not required in any legal SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].
proceeding] Right to counsel is right to effective counsel. It is not enough to
2. In deportation proceedings, bail is not a matter of right but of Moral certainty – passed the test of human experience [i.e., guilt simply appoint a counsel de officio. Counsel must have no conflict
discretion on the part of the Commissioner of Immigration and beyond reasonable doubt, conclusive presumptions] of interest. Thus, a fiscal cannot be appointed as counsel de officio.
Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398). Relative certainty – so called because a higher degree of proof When an accused is represented by a fake lawyer who pretended
exists [i.e., preponderance of evidence, probable cause, substantial to be a member of the bar, his right to counsel is violated, unless
3. Bail is not available to military facing court martial proceedings evidence, disputable or prima facie presumptions] the accused voluntarily chose him knowing him to be a non-lawyer.
(Commendador v. De Villa, 200 SCRA 80).
Notes: 4) To testify as a witness in his own behalf but subject to cross-
4. I extradition proceedings, bail may be granted provided the The starting point is the presumption of innocence (See: Section 3, examination on matters covered by direct examination. His silence
accused undertake to submit himself to the jurisdiction of the Par. (a), Rule 131, RRC) shall not in any manner prejudice him.
court and provided further that he is not a flight risk (Govt. of Hong It is incumbent upon the prosecution to demonstrate culpability.
Kong v. Judge Olalia, 2007) The burden of proof lies in the prosecution. Unless guilt beyond 5) To be exempt from being compelled to be a witness against
reasonable doubt is established, the accused need not prove his himself.
innocence.
VI. Rights of the accused Burden of proof – the duty of the affirmative to prove what it Right to testify in his own behalf:
alleges. (Africa, The Art of Argumentation and Debate). Once exercised, the accused is subject to limited cross-examination.
Rights may be waived, unless the waiver is contrary to law, public Absolute certainty is not demanded by the law to convict but only If not exercised, no inference of guilt can be derived from his
order, public policy, morals, or good customs or prejudicial to a moral certainty. silence alone.
third person with a right recognized by law (Art. 6, NCC).
2) To be informed of the nature and cause of the accusation Right against self incrimination:
In all criminal prosecutions, the accused shall be entitled to the against him. Intended to shield the guilty & imprudent as well as the innocent &
following rights: farsighted.
Essential to avoid surprise and to afford him the opportunity to Based on public policy and humanity, otherwise, the accused will
Key: [PIPTEC CoSpA] prepare his defense accordingly. be placed on the strongest temptation to commit perjury.
Arraignment serves this purpose by informing him why the
P – resumed innocent prosecuting arm of the state is mobilized against him. Notes:
I – nformed of the nature of the cause and accusation An accused cannot be convicted of an offense unless it is clearly A. Prohibition covers 1testimonial compulsion and 2the production
P – resent in person and by counsel charged in the compliant or information. Basic rule – you cannot of the accused of incriminating documents and articles demanded
T – estify in his own behalf prove what you did not allege. from him.
E – xempt from being compelled to be a witness against himself B. Does not include compulsion to 1submit fingerprints,
C – onfront witnesses 3) To be present and defend in person and by counsel at every 2photograph, 3blood or urine samples, and 4others requiring a
C – ompulsory process to secure attendance of witnesses and stage of the proceedings, from arraignment to promulgation of mere mechanical act on the part of the accused [Villaflor v.
production of other evidence judgment. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v.
S – peedy, impartial and public trial California, US L.Ed. 2d 908, 89 S CT No. 658].
A – ppeal Express or Implied waiver is renunciation to be present on that
particular date only. 6) To confront and cross-examine the witnesses against him at the
Escape of the accused is waiver by implication to be present on trial.
1) To be presumed innocent until the contrary is proved beyond said date and all subsequent trial dates. [Fact of escape made his
reasonable doubt. failure unjustified because he has, by escaping, placed himself Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the Every party litigant is entitled to nothing less than the cold Note:
appearance of the witness while testifying (US v, Javier, 37 Phil neutrality of an impartial court (Macalintal v. Judge Teh, 280 SCRA In order for the Court to “acquire” complete jurisdiction over the
449). 623). person of the accused, arraignment is essential. Unless this
procedure is completed, the court cannot commence trial in
Effect of absence of right to cross examine: Public trial: absentia.
When there is express or implied waiver – no effect So that the public may see that he is fairly dealt with and not
In the absence of waiver – testimony of the witness cannot be unjustly condemned in case of conviction. Procedure:
considered as complete and therefore cannot form part of the So the public may know of the fact or the basis of his innocence in Arraignment must be made in open court by the judge or the clerk
evidence against the accused. case of acquittal. Accused must be furnished with a copy of the complaint or
information
Effect when witness dies: Note: “Public trial” and “Trial by publicity” are two different things. Complaint or Information must be read in a language or dialect
Before he could take witness stand – inadmissible They are not the same. There should be a public trial, not trial by known to him
After giving his direct testimony but before cross examination – publicity. Accused must be present
Gen. rule: inadmissible. Exception: where the adverse party was Accused must personally enter his plea
given adequate opportunity but failed to cross examine due to his 9) To appeal in all cases allowed and in the manner prescribed by
own fault law. I. If under preventive detention
After the defense conducted cross examination – admissible Raffle of case and transmittal of records – within 3 days
The right to appeal is a statutory right but withdrawal of this right, Arraignment – within 10 days from the date of raffle
7) To have compulsory process issued to secure the attendance of in the absence of a valid waiver, constitutes a denial of due process Pre trial conference – within 10 days after arraignment
witnesses and production of other evidence in his behalf. guaranteed by the Constitution (Cruz, Constitutional Law, 2003
Ed.). II. If not under preventive detention
“Compulsory process” refers to the issuance of the court of: It is not a natural right or inherent one. The party who seeks to General rule – within 30 days from the date the court acquires
Sub-poena – for the attendance of witnesses avail of the said right must comply with the requirements of the jurisdiction
Sub-poena duces tecum – for the production of documents Rules. Otherwise, the right to appeal is lost (People v. Sabellano, Exception – a shorter period is provided by special law or SC
198 SCRA 196) Circular
Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the VII. Arraignment and Plea Rules in entering a plea:
person named in the sub-poena refuses to appear or refuses to Arraignment: The initial step in a criminal prosecution whereby If accused refuses to plead or makes a conditional plea – a plea of
produce the required documents without justifiable reasons – the defendant is brought before the court to hear the charges and not guilty shall be entered
court has the power to declare that person in contempt and may to enter a plea (Black’s Law Dictionary). If accused enters a plea but presents exculpatory evidence – plea
order his arrest. [People v. Montejo, 21 SCRA 722]. of guilty is withdrawn and a plea of not guilty shall be entered for
Venue for Arraignment and Plea: him. Burden of proof shifts.
B. The coercive powers of the court must be employed in order to Before the court where the complaint or information was filed or is If accused enters a plea to a capital offense – court shall conduct a
give meaning to this right. assigned for trial. searching inquiry into the voluntariness and full comprehension of
the consequences of his plea and shall require the prosecution to
8) To have speedy, impartial and public trial. Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, prove his guilt and the precise degree of culpability.
Crim. Proc.)
Speed: Pre-trial Conference:
Justice delayed is justice as denied 1) To fix the identity of the accused Private offended party shall be required to appear for purposes of:
2) To inform him of the charge 1) Plea-bargaining
Impartiality: 3) To give the accused an opportunity to plead 2) Determination of civil liability
3) Other matters requiring his presence
 Criminal Procedure Reviewer 1 A. In case of grave abuse of discretion, action for mandamus
In case of failure of the offended party to appear despite due B. Lodge a new complaint against the offenders
notice – conformity of prosecutor is sufficient for purposes of 1. Sworn written statement charging a person with an offense, C. Take up matter with the Secretary of Justice
pleading guilty to a lesser offense which is necessarily included in subscribed by the offended party, any peace officer or other D. All of the above
the offense charged. public official charged with the enforcement of the law violated.
A. Information 7. In Municipal Trial Courts and Municipal Circuit Trial Courts
Bill of particulars: B. Complaint criminal actions are instituted by
The accused may, before arraignment, move for a bill of particulars C. Affidavit A. By filing a complaint with the appropriate officer for the
to enable him properly to plead and prepare for trial. The motion D. Memorandum purpose of conducting requisite preliminary investigation
shall specify the alleged defects of the complaint or information therein.
and the details desired. 2. Accusation in writing charging a person with an offense, B. By filing the complaint ONLY with the office of the fiscal
subscribed by the fiscal and filed with the court. C. By filing the complaint or information directly with said
Scope of the Bill of Particular: A. Information courts, or a complaint with the fiscal’s office
Bill of Particulars is a remedy for formal defects and not B. Complaint D. None of the above
substantive defects. C. Affidavit
D. Memorandum 8. Which of the following offenses is subject to summary
The remedy against an indictment that fails to allege the time of procedure.
the commission of the offense with sufficient definition is a Motion 3. ____and____ courts gain jurisdiction over the offense upon A. Violation of traffic laws
for Bill of Particulars and not a Motion to Quash (Rocaberte v. the filing of complaint by a complainant or an information by B. Violation of municipal or city ordinance
People, 192 SCRA 152). the prosecuting officer. C. Violation of rental laws
A. MTC and CA D. All of the above
[See discussion in: Elements of Complaint and Information, remedy B. MTC and SC
in case complaint or information is defective, supra] C. MTC and SB 9. In criminal cases covered by the rules on summary procedure
D. MTC and RTC shall be deemed commenced only when it is filed in
Modes of discovery: A. The Prosecutor's office
Accused has a right against the suppression of evidence favorable 4. Jurisdiction of the court over the offense is determined B. Lupon of the Barangay
to an accused which is material as to 1) guilt, or 2) as to A. At the time of the institution of the action C. The Court
punishment (Webb v. De Leon, 247 SCRA 653). B. At the time of the arrest of the accused D. None of the above
C. At the time of voluntary surrender of the accused
Suppressed evidence must be of such nature as to affect the D. At the time of the commission of the offense 10. The filing of the complaint even with the fiscal’s office
outcome of the trial (US v. Agurs, US v. Bagley) should suspend the running of the Statute of Limitations.
5. Which of the following is false. This is
Notes: A. A complaint is a sworn statement A. True
B. Information must be sworn to B. False
1) Arraignment is important for notifying the accused of the cause C. Information is filed with the court C. Partially false
he is required to meet. The accused has the right to be informed of D. A complaint is subscribed by the offended party, any D. None of the above
the nature and cause of the accusation against him (Borja v. peace officer or other officer charged with
Mendoza, 77 SCRA 422). the enforcement of the law violated 11. Information may be amended as to the name of the
accused, but such amendment cannot be questioned for
2) The existence of a plea is an essential requisite to double 6. Remedies of offended party when fiscal unreasonably the first time on appeal.
jeopardy (People v. Balicas) refuses to file an information or include a person therein A. True
as an accused. B. Partially true
 C. False 9. C
D. Partially false 17. Conviction may be had even if it appears that the crime 10. A
was committed not at the place alleged, provided that the 11. A
12. Conviction for robbery cannot be sustained if there is a place of actual commission was within the court’s 12. A
variance between the allegation and the proof as to the jurisdiction and accused was not surprised by the variance 13. A
ownership of the property stolen. between the proof and the information. 14. A
A. True A. True 15. A
B. False B. False 16. A
C. Partially false C. Partially true 17. A
D. Partially true D. Partially false 18. C
19. B
13. If facts do not completely allege all the elements of the 18. In which of the following cases may only the offended 20. C
crime charged, the info may be quashed; however, the spouse may file the complaint.
prosecution is allowed to amend the info to include the A. Rape Criminal Procedure Reviewer 2
necessary facts. B. Seduction
A. True C. Adultery and Concubinage Complaint - is a sworn written statement charging a person with an
B. Partially true D. Acts of lasciviousness offense,subscribed by the offender party,any peace officer,or
C. False other public officer charged with the enforcement of the law
D. Partially false 19. Defined as the joinder of separate and distinct offenses in violated.
one and the same information/complaint
14. Information need only allege facts, not include all the A. Motion to Quash Information - is an accusation in writing charging a person with an
evidence which may be used to prove such facts B. Duplicity of offense offense subscribed by the prosecutor and filed with the court.
A. True C. Double Jeopardy
B. False D. None of the above Criminal Action - One by which the State prosecutes a person for
C. Partially true an act/omission punishable by law.
D. Partially false 20.The civil action involves an issue similar or intimately
related to the issue raised in the criminal action. Criminal Jurisdiction - Authority of the court to hear and try a
15. Approximation of time is sufficient; amendment as to time A. Duplicity of offense particular offense and to impose the punishment provided by law.
is only a formal amendment; no need to dismiss case. B. Double Jeopardy
A. True C. Prejudicial question Duplicity of offenses -The information must charge only one
B. False D. None of the above offense.
C. Partially true
D. Partially false Answer: Criminal Procedure Private Crimes – Those which cannot be prosecuted except
upon complaint filed by the aggrieved/offended party.
16. Qualifying and inherent aggravating circumstances need 1. B
to be alleged as they are integral parts of the crime. 2. A Restitution - Returning of the thing itself, with allowance for
If proved, but not alleged, become only generic 3. D deterioration or diminution of value.
aggravating circumstances. 4. A
A. True 5. B Reparation - Payment of damage caused,taking into consideration
B. False 6. D the sentimental value of the thing to the injured party.
C. Partially true 7. C
D. Partially false 8. D Indemnification - Payment of consequential damages suffered by
the injured party, his family or a 3rd person by reason of the crime. of the bail. duly authenticated

Prejudicial Question - That which arises in a case the resolution of Recognizance - Obligation of record, entered into before some Arraignment – The stage where the accused is formally informed
which is a logical antecedent of the issue involved therein, and the court or magistrate duly authorized to take it, with the condition to of the charge against him by reading before him the
cognizance of which pertains to another tribunal. do some particular act, the most usual condition in criminal cases information/complaint and asking him whether he pleads guilty or
being the appearance of the accused for trial. not guilty.
Preliminary Investigation - An inquiry/proceeding to determine
Whether or Not (WON) there is sufficient ground to engender a Property Bond – An undertaking constituted as a lien on the real Plea Bargaining - Process where the accused, the offended party
well-founded belief that a crime has been committed and the property given as security for the amount of the bail. and the prosecution work out a mutually satisfactory disposition of
respondent is probably guilty thereof, and should be held for trial. the case,subject to court approval.
Cash Bond - Cash corresponding to the amount of bail fixed by the
Probable Cause - it is the existence of such facts and court or recommended by the prosecutor who investigated or filed Improvident Plea - Plea without proper information as to all the
circumstances as would excite the belief, ina reasonable mind the case. circumstances affecting it; based upon a mistaken assumption or
acting on the facts within the knowledge of the prosecutor, that misleading information/advice
the person charged was guilty of the crime for which he was Capital Offense - An offense which, under the law existing at the
prosecuted. time of its commission and of the application for admission to bail, Pre-Trial Order - Issued by the court after the pre-trial conference.
may be punished with death.
In Flagrante Delicto – Literally, caught in the act of committing a Trial - Examination before a competent tribunal of the facts put in
crime. When the person to be arrested has committed, is actually Motion To Quash (MTQ) - Formerly called a demurrer, it is a special issue in a case, for the purpose of determining such issue.
committing or is attempting to commit an offense in the presence pleading, filed by the accused, which hypothetically admits the
of the peace officer or private person who arrested him. truth of the facts spelled out in the complaint/information and sets Demurrer to Evidence - Objection by one of the parties to the
up a matter,which, if duly proved, would preclude further effect that the evidence which his adversary produced is
Arrest - is the taking of a person into custody in order that that he proceedings. insufficient in point of law, whether true or not, to make out a case
may be bound to answer for the commission of an offense. or sustain the issue.
Prescription of the Crime - Loss/waiver by the state of its right to
Illegal Arrest - If the arrest of a person is not justified by any of the prosecute a crime. Rebuttal Evidence - Any evidence to explain, repeal, counteract or
instances of a warrantless arrest under Rule 113, Sec. 5. disprove the adversary’s proof.
The fact that the person arrested did not actually commit the Prescription of the Penalty - Loss/waiver by the State of its right to
crime does not render the arrest illegal. demand service of the penalty imposed. Sur-rebuttal Evidence - Proof to meet or refute those new matters
taken up by the adverse party during the rebuttal stage, or to
Custodial Investigation - It involves the questioning initiated by law Double Jeopardy - When a person is charged with an offense and clarify matters that were beclouded or made ambiguous.
enforcement officers after a person has been taken into custody or the case is terminated either by acquittal or conviction or in any
otherwise deprived of his freedom of action in any significant way. other manner without the express consent of the accused, the Judgment – The adjudication by the court that the accused is guilty
latter cannot again be charged with the same or identical offense. or not guilty of the offense charged and the imposition on him of
Re-Enactment – A demonstration by the accused of how he the proper penalty and civil liability, if any.
committed the crime. It is a police contrivance designed to test the Provisional Dismissal - A case is dismissed without prejudice to its
truthfulness of the statements of the witness who had confessed being refiled or revived. Opinion - Informal expression of the views of the court
to the commission of the crime.
Deposition - Testimony of the witness that is taken upon oral Ratio Decidende - Provides for the basic reason for the judgment
Bail - is the security given for the release of a person in custody question or written interrogatories, in opencourt, in pursuance of
of the law,furnished by him or a bondsman,to guarantee his (1) a commission to take testimony issued by a court or (2) under Acquittal - A finding of not guilty based on the merits, either:
appearance before any court as required under the conditions a general law or court rule on the subject, reduced to writing and 1) The evidence does not show that his guilt is beyond reasonable
 doubt; or voidable.
2) A dismissal of the case after the prosecution has rested its case
and upon motion of the accused on the ground that the Notice Of Appeal – Written notice of intention to take appeal.
evidence fails to show beyond doubt that accused is guilty.
Appellant – The party appealing;
Promulgation of Judgment -An official proclamation/
announcement of a judgment/order. Appellee – The party adverse to the appellant.
Judgment/sentence does not become a judgment/sentence in law
until: Search Warrant - It is an order in writing; issued in the name of the
1) Read and announced to the defendant; or People of the Philippines; signed by a judge; and directed to a
2) Has become a part of the record of the peace officer, commanding him to search for personal property
court. described in the warrant and bring it before the court.

Sin Perjuico Judgment – Judgment without a statement of facts. Probable Cause - Such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief that
New Trial – A proceeding whereby errors of law or irregularities his action, and the means taken in prosecuting it, are legally just
are and proper.
expunged from the record, or new evidence is introduced, or both
steps are taken. Oath - Includes any form of attestation by which a party signifies
that he is bound in conscience to perform an act faithfully and
Motion For Reconsideration OR New Trial (MFR/MNT) - New trial truthfully.
and reconsideration are the same thing in criminal procedure
whether it be a first, second, new or an old trial. “New” refers to Searching Questions And Answers - Such questions as have the
time and not to substance. tendency to show the commission of a crime and perpetrator
thereof.
Newly Discovered Evidence - Evidence which could not, by the
exercise of due diligence, have been discovered before the trial in Stop and Frisk — A limited protective search of outer clothing for
the court below. weapon.

Appeal – A proceeding for review by which the whole case is

transferred to a higher court for a final determination.
Final Judgment — Judgment which would become final if no
appeal is taken.

Final Order — One which disposes of the whole subject matter or

terminates a particular proceeding/action, leaving nothing to be
done but to enforce by execution what has been determined.

Error Of Judgment – One which the court may commit in the

exercise of its jurisdiction.

Error Of Jurisdiction – It renders an order of judgment void or