CRIMINAL PROCEDURE

Primer-Reviewer

Culled from the Book of Assoc. Justice Jose L. Sabio, Jr.

PRELIMINARY CHAPTER

CRIMINAL PROCEDURE

Is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction.

As applied to criminal law, procedural law provides or regulates the steps by which one who has committed crime is to be punished.

Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice.What does the law on criminal procedure governs? The law on criminal procedure governs the interaction between the individual and the States authority in the administration of criminal justice.

What are some of the statutory enactments which regulate or makes up the law of criminal procedure?

Prominent among these statutes are R.A. No. 7438 providing for the rights of a person arrested, detained or under custodial interrogation; the Judiciary Reorganization Act of 1980 (BP Blg. 129) defining the criminal jurisdiction of our courts; and R.A. No. 6981, the Witness Protection Security and Benefit Act.

Three Systems Of Criminal Procedure1. The Inquisitorial System in this system, the detection and the prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquiry which is not confrontational.2. The Accusatorial System every citizen or a member of the group to which the injured party belongs may bring the accusation against a person suspected as the offender. AS the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. The battle takes the form of a public trial and is judged by a magistrate who renders a verdict. The essence of the accusatorial system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt or moral certainty.3. The Mixed System a combination of the inquisitorial and accusatorial system. The examination of defendants and other persons before the filing of the complaint or information is inquisitorial. It should be noted that the judicial set-up in the Philippines is accusatorial or adversarial in nature. It contemplates two contending parties before the court, which impartially hears opposing parties and renders judgment on the case only after trial.

Distinguish Criminal Procedure from Criminal LawCRIMINAL PROCEDURECRIMINAL LAW

Remedial or proceduralEssentially substantive

Provides for the method by which a person accused of a crime is arrested, tried and punished.Defines crimes, treats of their nature, and provides for their punishment

Provides how the act is to be punishedDeclares what acts are punishable

How are the rules of criminal procedure construed? The rules of criminal procedure shall be liberally construed in favour of the accused and strictly against the State to even the odds in favour of the accused against whom the entire machinery of the State is mobilized.

May the rules on Criminal Procedure be given retroactive effect? It is a cardinal rule that the rules of criminal procedure are given retroactive effect in so far as they benefit the accused.

JURISDICTION

JURISDICTION As a general notion, jurisdiction is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.

Distinguish Jurisdiction from VenueJURISDICTIONVENUE

The power of the court to decide the case on the meritsThe particular country or geographical area in which a court with jurisdiction may hear and determine a case. The place of trial

SubstantiveProcedural

Granted by law or by the Constitution and cannot be waived or stipulatedIn civil cases, venue may be waived or stipulated by the parties

CRIMINAL JURISDICTION It is the authority to hear and try a particular offense and impose the punishment for it.

Elements of Criminal Jurisdiction1. The nature of the offense and/or the penalty attached thereto; and

2. The fact that the offense has been committed within the territorial jurisdiction of the court.

Requisites for a Valid Exercise of Criminal Jurisdiction1. Jurisdiction over the person;

2. Jurisdiction over the territory; and

3. Jurisdiction over the subject matter.

Principle of Adherence of Jurisdiction GEN. RULE: The principle of adherence of jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of the litigation. It remains with the court until the case is finally terminated. EXCEPTION: When a newly enacted statute changing the jurisdiction of a court is given retroactive effect, it can divest a court of jurisdiction over cases already pending before it which were filed before the statute came into force or became effective.

X was charged with an offense whose penalty was below 6 years. The case was filed with the MTC. After trial, the MTC convicted him of an offense with a higher penalty. X questioned the conviction, claiming that the MTC had no jurisdiction over the offense since the penalty prescribed for it was higher than 6 years. Is X correct?

X is wrong. Jurisdiction over the subject matter is determined by the authority of the court to impose the penalty imposable given the allegation in the information. It is not determined by the penalty that may be meted out to the offender after trial but to the extent of the penalty which the law imposes for the crime charge in the complaint.

If during the proceedings, the court finds that it has no jurisdiction, how should it proceed? Where the court has no jurisdiction, lower courts should simply dismiss the case. On the other hand, when the case is filed in the Supreme Court and the Court of Appeals, these courts may refer the case to the court of proper jurisdiction.

JURISDICTION OVER THE SUBJECT MATTER

It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers.

Which law determines the jurisdiction of the court the law in force at the time of the commission of the offense or the one in force as of the time when the action is filed?

GEN. RULE: Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed.

EXCEPTION: Where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. In this case, jurisdiction is determined by the law in force at the time of the commission of the offense.JURISDICTION OF COURTS

IN CRIMINAL CASES

SUPREME COURT1. Exclusive Original

Petitions for Certiorari, prohibition and mandamus against the CA and Sandiganbayan.2. Concurrent

With CA petitions for certiorari, prohibition and mandamus against RTC;

With CA and RTC petitions for certiorari, prohibition and mandamus against lower courts;

With Sandiganbayan petitions for certiorari, prohibition, mandamus, habeas corpus, injunction and ancillary writs in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto arising or that may arise in cases filed or which may be filed.

3. Exclusive Appellate

By petitioner for Review on Certiorari from the CA, from the Sandiganbayan, from the RTC where only an error or question of law is involved or in cases commenced therein, except those appealable to the SC or the Sandiganbayan.

By Petition for Review from the RTC in cases appealable thereto from the lower courts and not appealable to the Sandiganbayan.

COURT OF APPEALS

1. Exclusive Original

Actions for annulment of judgments of the RTC

With the SC petitions for certiorari, prohibition and mandamus against the RTC

With SC and RTC petitions for certiorari, prohibition and mandamus against lower courts

2. Exclusive Appellate

From the RTC in all criminal cases involving offenses for which the penalty is reclusion perpetua or life imprisonment, and those involving other offenses which, although not so punished, arose out of the same occurrence or which may have been committed by the accused on the same occasion

Automatic review where death penalty is imposed

SANDIGANBAYAN1. Exclusive Original

Violations of RA 3019, as amended, RA 1379, and bribery and corruption offenses under the RPC, where one or more of the accused are officials occupying positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense

Other offenses or felonies whether simple or complexed with other crimes committed in relation to their office by the public officials and employees mentioned in Sec. 4(a), 1 PD 1606, as amended by RA 7975

Criminal cases filed pursuant to and in connection with EO Nos. 1, 2, 14 and 14-A

2. Exclusive Appellate

From the RTC in cases under PD 1606, as amended by PD 1861, whether or not the cases were decided by them in the exercise of their original or appellate jurisdictions REGIONAL TRIAL COURT

1. Exclusive Original

all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those falling under the exclusive and concurrent jurisdiction of Sandiganbayan;

all criminal cases where the penalty is higher than 6 years, including government-related cases wherein the accused is not one of those falling under the jurisdiction of the Sandiganbayan;

Whole complex crimes;

Criminal cases where one or more of the accused is below 18 years of age but not less than 9 years of age, or one or more victim is a minor at the time of the commission of the offense;

Cases against minors cognizable under the Dangerous Drugs Act, as amended;

Violation of RA 7610 (special protection of children against child abuse, exploitation and discrimination act) as amended by RA 7658;

Cases of domestic violence against women and children.

2. Exclusive Appellate

all cases decided by the MTC in their respective territorial jurisdiction;

MUNICIPAL/METROPOLITAN TRIAL COURT1. Exclusive Original

all violations of city or municipal ordinances committed within their respective territorial jurisdiction;

all offenses punishable with imprisonment not exceeding six (6) years regardless of the fine and other accessory penalties and civil liability;

all offenses committed by public officers and employees in relation to their office including GOCC, and by private individuals charged as co-principal, accomplices or accessories, punishable by not more than 6 years imprisonment (except violation of RA 3019 or Anti-Graft and Corrupt Practices Act, RA 1379 or Forfeiture of Ill-Gotten Wealth of Public Officers and Employees; Arts. 210-212 of the RPC (Direct, Indirect and Qualified Bribery)

all offenses involving damage to property through criminal negligence;

in cases where the only penalty provided by law is a fine not exceeding P4,000;

in election offenses involving failure to register or failure to vote.2. Special jurisdiction writ of habeas corpus or application for bail in the province or city where the RTC judge is absent;

cases involving Batas Pambansa Blg. 22 (Bouncing Check Law).

Which court has jurisdiction over a complex crime? Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime.

TERRITORIAL JURISDICTION It means that a criminal action should be filed in the place where the crime was committed, except in those cases provided by Art. 2 of the Revised Penal Code.

JURISDICTION OVER THE PERSON OF THE ACCUSED It refers to the authority of the court, not over the subject matter, but over the person charged.

Jurisdiction over the person of the accused is acquired upon his arrest or upon his voluntary appearance or submission to the court.

Jurisdiction over the person of the accused may be waived. For example, any objection to the procedure leading to the arrest must be opportunely raised before the accused enters his plea, or it is deemed waived.

X was charged in court with an offense. X filed a motion to quash on the ground that the court had no jurisdiction over his person because the arrest was illegal and because the information was incomplete. Can X invoke lack of jurisdiction of the court over his person?

No. X cannot invoke the lack of jurisdiction of the court. One who desires to object to the jurisdiction of the court over his person must appear in court for that purpose only, and if he raises other questions he waives the objection.

Is the presence of the accused necessary in order for the court to act on a motion? It is not necessary for the court to first acquire jurisdiction over the person of the accused to act on a motion, such as dismissing a case or granting other relief. The outright dismissal of the case even before the court acquires jurisdiction over the person of the accused is allowed, except in applications for bail, in which instance the presence of the accused is mandatory.RULE 110

PROSECUTION OF OFFENSES

Section 1 Institution of Criminal Actions Criminal actions shall be instituted as follows:

(a) For offenses where preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation;

(b) For all other offenses, by filing the complaint or information directly with the MTC or the complaint with the office of the prosecutor.

What is the effect of the institution of criminal actions on the period of prescription of the offense? The institution of the criminal action shall interrupt the running of the period of prescription of the offense unless otherwise provided in special laws.

The rule does not apply to violations of municipal ordinances and special laws.

The prescriptive periods for violations of special laws are interrupted only by the institution of judicial proceedings for their investigation and punishment, while violations of municipal ordinances prescribe after two months.

Distinguish Institution from CommencementINSTITUTIONCOMMENCE-MENT

A criminal action is instituted by filing the complaint for preliminary investigation.The criminal action is commenced when the complaint or information is filed in court.

Can the offended party go directly to court to file a criminal action? GEN. RULE: No. Before a criminal action is filed in court, there should have been a confrontation between the parties before the Lupon chairman. The Lupon secretary must certify that no conciliation or settlement was reached attested to by the Lupon chairman. The complaint may also be filed if the settlement is repudiated by the parties.

EXCEPTIONS: Parties may go directly to court to file a criminal action where:

(1) The accused is under detention;

(2) A person has otherwise been deprived of personal liberty calling for habeas corpus proceedings;(3) The actions are coupled with provisional remedies;

(4) The action may be barred by the statute of limitations.

Section 2 The Complaint or Information The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.

Why should a complaint or information be in the name of the people of the Philippines? It is so because just as a crime is considered an outrage against the peace and security of the people at large, its vindication must also be in the name of the people.

If the action is instituted in the name of the offended party, or of a particular city, the defect is merely of form and may be cured at any stage of the trial.

Why should the complaint or information be in writing? It should be in writing so that the court has a basis for its decision, to inform the accused of the nature and cause of the accusation to allow him to present his defense, and so that given the fallibility of human memory, nobody will forget the charge.

Section 3 Complaint Defined A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

The complaint may be filed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

Who is the offended party?

The offended party is the person actually injured or whose feeling is offended.

If the offended party dies before he is able to file a complaint, can his heirs file it in his behalf?

No. The right to file a criminal action is personal and abates upon the death of the offended party. It is not transmissible to the heirs.

Can you file a criminal complaint against a juridical person?

A criminal action cannot lie against a juridical person. If the corporation violates the law, the officer, through whom the corporation acts, answers criminally for his acts.May criminal prosecutions be enjoined?

GEN. RULE: Public interest requires that criminal acts must be immediately investigated and prosecuted for the protection of society. As a general rule, courts will not issue prohibitions or injunctions, preliminary or final, to enjoin or restrain criminal prosecution. EXCEPTIONS: Criminal prosecutions may be enjoined for the following reasons:

1. To afford adequate protection to constitutional rights of the accused;

2. When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions;

3. Where there is prejudicial question which is sub-judice;

4. When the acts of the officer are without or in excess of authority;

5. Where the prosecution is under an invalid law, ordinance, or regulation;

6. When double jeopardy is clearly apparent;

7. Where the court had no jurisdiction over the offense;

8. Where it is a case of persecution rather than prosecution;

9. Where the charges are manifestly false and motivated by the lust for vengeance;

10. When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied;

11. Preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners.

Section 4 Information Defined An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

Distinguish between a complaint and an informationCOMPLAINTINFORMATION

May be signed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violatedAlways signed by the prosecuting officer

Sworn to by the person signing itNeed not be under oath since the prosecuting officer filing it is already acting under his oath of office

May be filed either with the office of the prosecutor or with the courtAlways filed with the court

Section 5 Who Must Prosecute Criminal Actions GEN. RULE: All criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor. EXCEPTIONS: In the MTCs and MCTCs, if the prosecutor is not available, the offended party, any peace officer, or other officer charged with the enforcement of the law violated may prosecute. This authority ceases upon actual intervention by a prosecutor or upon elevation of the case to the RTC.

To whom should you appeal the decision of the prosecutor? The decision of the prosecutor may be modified by the Secretary of Justice or in special cases by the President of the Philippines. The resolution of the Secretary of Justice, in turn, may be appealed to the Office of the President in offenses punishable by death or reclusion perpetua.

Is the prosecutor required to be physically present in the trial of a criminal case? In People vs. Beriales, it was held that the prosecutor should be present, otherwise, it cannot be said that the prosecution was under his direction and control. But in People vs. Malinao, it was held that the proceedings are valid even without the physical presence of the Fiscal who left the prosecution to the private prosecutor under his supervision and control.

After the case is filed in court, to whom should motions be addressed? Once the information is filed in court, the court acquires jurisdiction. Whatever dispositions the court may feel would be proper in the case thereafter should be addressed for the consideration of the court, subject only to the limitation that the court should not impair the substantial rights of the accused or the right of the people to due process.If the prosecutor thinks after filing a case that a prima facie case exists, can he refuse to prosecute? No, he cannot refuse to prosecute. He is obliged by law to proceed and prosecute the criminal action. He cannot impose his opinion on the court.

What is the distinction between the control by the prosecution and the control by the court? BEFORE A CASE IS FILED IN COURT, the prosecution has control over the following:1. What case to file, if need be;

2. Whom to prosecute;

3. The manner of the prosecution;

4. To conduct reinvestigation. AFTER A CASE IS FILED IN COURT, the court has control over the following:

1. The suspension of the arraignment;

2. Reinvestigation;

3. Prosecution by the prosecutor;

4. Dismissal or withdrawal of the case;

5. Downgrading of the offense or dropping of the accused even before plea;

6. Review of the Secretarys recommendation and reject it if there is grave abuse of discretion.

What are the limitations on the control of the court? The following limitations are imposed on the control that a court has over the case:

1. Prosecution is entitled to notice;

2. The court must await the result of a petition for review;

3. The prosecutions stand to maintain prosecution should be respected by the court.What is a Private Crime? It is a private offense which cannot be prosecuted except upon a complaint filed by the aggrieved party. Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the State. They are denominated as private offenses only to give deference to the offended party who may prefer not to file the case instead of going through the scandal of a public trial.

What are the examples of private crimes?1. Adultery and concubinage;

2. Seduction, abduction, acts of lasciviousness;

3. Defamation which consists in the imputation of an offense mentioned above.

After a complaint for a private crime has been filed in court, what is the effect of a pardon by the offended party? The pardon will not have any effect on the prosecution of the offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will continue to be exercised by the court until termination of the case.

Can a father or mother file a complaint on behalf of their daughter for concubinage? No. The rule allowing the parents, grandparents, and guardians to file a complaint on behalf of the minor applies only to the offenses of seduction, abduction and acts of lasciviousness. A complaint for adultery or concubinage may be filed only by the offended spouse.If the offended party in abduction, seduction and acts of lasciviousness is of age, can her parents file the complaint for her? No. If the offender party is already of age, she has the exclusive right to file the complaint unless she becomes incapacitated. The successive authority to file the case is applicable only to minors.

If the victim dies during the pendency of the case, is the criminal liability of the accused extinguished? No. Death of the complainant during the pendency of the case is not a ground for the extinguishment of criminal liability whether total or partial.

X filed a sworn complaint for acts of lasciviousness before the prosecutor. Before the prosecutor could file the case in court, X died. Can the prosecutor still file the information in court?

Yes. The desire of X to file the case is evident by her filing of her sworn complaint with the prosecutor. An information for robbery with rape was filed against X. X moved to dismiss the information on the ground that there was no complaint filed by the offended party. Should the case be dismissed?

No. In robbery with rape, the complaint of the offended party is not necessary since the offense of robbery is not a private offense. Prosecution can be commenced without the complaint of the offended party.

Section 6 Sufficiency of Complaint or Information A complaint or information is sufficient if it states:

1. The name of the accused;

2. The designation of the offense given by the statute;

3. The acts or omissions complaint of as constituting the offense;

4. The name of the offended party;

5. The approximate date of the commission of the offense;

6. The place of the commission of the offense.

When an offense is committed by more than one person, all of them shall be included in the complaint or information.

Section 7 Name of the Accused The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown. If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.

When is the error in the name of the accused not fatal to an information?

Error in the name of the accused will not nullify the information if it contains sufficient description of the person of the accused.

When should the error in the name or identity be raised by the accused? The error should be raised before arraignment, or else it is deemed waived.

Section 8 Designation of the Offense The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

What is controlling in the complaint or information, the recital of facts or the designation of the offense? It is the recital of facts, not the designation of the offense, that is controlling.

X was charged with homicide. Can he possibly be convicted of murder?

Yes. If the recitals in the complaint or information of the acts and omissions constituting the offense actually allege murder, X can be convicted of murder. The reason is that it is the recital of facts and not the designation of the offense that is controlling.

In imposing the penalty for the crime of murder the trial court considered the circumstance of the use of an unlicensed firearm as proven during the trial to qualify the crime pursuant to RA 8294, even if not alleged in the information. Valid?

No. The culprits use of an unlicensed firearm is an essential element, of which circumstances which must be alleged.

X was charged with estafa, but the recital of facts actually alleges theft. Can X be convicted of theft?

Yes, because it is the recital of facts, not the designation of the offense, that is controlling.

X was charged with estafa, and the recital of facts alleged estafa. Can X be convicted of theft?

No. The two crimes have elements that are different from each other. To convict X of theft under an information that alleges estafa would violate his right to be informed of the nature and cause of the accusation against him.

X was charged with rape of a 10-year old daughter of his common-law wife. The information only alleged minority. The court convicted the accused or ape and imposed the death penalty after the relationship of the accused with the victims mother was proven. Was the court correct?No. While under Art. 335 of the RPC, amended by RA 7659, the accused may be sentenced to death if the victim is a minor and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim, the twin requisites of minority and relationship must be alleged and proved to warrant the imposition of the death penalty.

Section 9 Cause of the Accusation The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

In what case can accused not be convicted of a crime different from that designated in the complaint even if the recitals allege the commission of the crime? The accused cannot be convicted if:1. It involves a change of the theory of the trial;

2. It requires of the defendant a different defense; and

3. It surprises the accused in any way.

In the information for rape the ages and relationships of the victims were stated but were not alleged with specifity as qualifying circumstances. In imposing the penalty, the court considered them as qualifying circumstances. Proper?

The requirement under Sec. 8 is satisfied as long as the circumstances are alleged in the information even if these are not specified as aggravating or qualifying circumstances.

X was accused of illegal possession of firearms, but the information did not allege that X did not have any license to possess the firearm. Is the information valid?

No. The absence of the license is an essential element of the offense. Therefore, it should be alleged in the complaint or information.

The trial court found that the aggravating circumstances of superior strength and disregard of sex attended the commission of the crime and were sufficiently proven. The court thus considered them in convicting and sentencing accused. Valid?

No. Aggravating circumstances even if proven during the trial could affect the culprits liability if the information failed to allege such circumstances.

X was charged with illegal possession of opium. X contends that the information was invalid for failure to allege that he did not have a prescription from a physician. Is X correct?

No. The absence of the prescription is not an essential element of the offense and is only a matter of defense. It need not be alleged in the information.

Section 10 Place of the Commission of the Offense The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification.

For which offense is the particular place where the offense was committed essential? The particular place where the offense was committed is essential in the following crimes:

1. Violation of domicile;

2. Penalty on the keeper, watchman, visitor of opium den;

3. Trespass to dwelling;

4. Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling places).

Section 11 Date of the Commission of the Offense GEN. RULE: It is not necessary to state in the complaint or information the precise date of the offense was committed.

EXCEPTION: When the date is a material ingredient of the offense.

The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

For which offenses is the time of the commision of the crime essential? The time of the commission of the crime is essential in the following crimes:

1. Infanticide;

2. Violation of Sunday Statutes (Election Law);

3. Abortion.

Accused was charged and convicted of rape committed on or about the month of August 1996. Valid?Yes. If appellant was of the belief that the complaint was defective, he should have filed a motion for a bill of particulars with the trial court before his arraignment

Section 12 Name of the Offended PartyIn what case is the name of the victim dispensable? In offenses against property, the name of the victim may be dispensed with as long as the object taken or destroyed is particularly described to properly identify the offense.

In what cases is the name of the victim indispensable? In cases involving slander and robbery with violence or intimidation.

When should the accused raise an error in his name? Upon arraignment, otherwise, he is deemed to have waived the question of his identity on appeal.

Section 13 Duplicity of the Offense GEN. RULE: A complaint or information must charge only one offense.

EXCEPTION: When the law provides only one punishment for various offenses (compound and complex crimes under Art. 48 of the RPC and special complex crimes).What is the effect of failure of the accused to object to a duplicitous information?

If the accused fails to object before arraignment, the right is deemed waived, and he may be convicted of as many offenses as there are charged.

What is the principle of absorption? When another crime is committed in the course of a crime, said crime is deemed absorbed either as means necessary for its commission or as an unintended effect thereof. They cannot be charged as separate offenses themselves.

X fired his gun once, but the bullet killed two persons. He was charged with two counts of homicide in one information. Can he be convicted under that information?Yes. It falls under the exception to the rule. This is a compound crime in which one act results in two or more grave or less grave felonies. The law provides only one penalty for the two offenses.

X was charged with both robbery and estafa in one information. Can he be convicted of both offenses?It depends. If he objects to the duplicitous information before arraignment, he cannot be convicted under the information. But if he fails to object before arraignment, he can be convicted of as many offenses as there are in the information.

X was speeding on a highway when his car collided with another car. The other car was totally wrecked and the driver of the other car suffered serious physical injuries. How many information or complaints should be filed against X?Only one information should be filed for serious physical injuries and damage to property through reckless imprudence. The information against X cannot be split into two because there was only one negligent act resulting in serious physical injuries and damage to property.

Same case as above, but the injuries suffered by the driver were only slight physical injuries. How many information should be filed?Two informations, one for the slight physical injuries and the other for damage to property because light felonies cannot be complexed.

Section 14 Amendment or SubstitutionWhen can a complaint or information be amended? BEFORE PLEA, it can be amended in form or in substance without leave of court, except if the amendment will downgrade the offense or drop an accused from the complaint or information. In such a case, the following requisites must be observed:

1. The amendment must be made upon motion of the prosecutor;

2. With notice to the offended party;

3. With leave of court;

4. The court must state its reason in resolving the motion; and

5. Copies of the resolution should be furnished all parties, esp. the offended party.

AFTER PLEA, only formal amendments may be made but with leave of court and when it can be done without causing prejudice to the rights of the accused.

When a complaint or information be substituted? A complaint or information may be substituted at any time before judgment if it appears that a mistake has been made in charging the proper offense, and the accused cannot be convicted of the offense charged or of any other offense necessarily included therein, provided that he will not be placed in double jeopardy.

Distinguish between amendment and substitutionAMENDMENTSUBSITUTION

May involve either formal or substantial changesNecessarily involves a substantial change

Before plea can be effected without leave of courtAlways done with leave of court since it involves the dismissal of the original complaint

If only as to form, there is no need for a new preliminary investigation or pleaIf only as to form, another preliminary investigation and plea would be required.

An amended information refers to the same offense charged or to one which necessarily includes or is included in the original charge thus, substantial amendments after plea cannot be made when the accused objects.Substitution requires that the new information is for a different offense which does not include or is not necessarily included in the original charge.

When are the rights of the accused prejudiced by an amendment?1. When a defense which he had under the original information would no longer be available;

2. When any evidence which he had under the original information would no longer be available;

3. When any evidence which he had under the original information would no longer be applicable to the amended information.

What are substantial amendments? These are amendments involving the recital of facts constituting the offense and determinative of the jurisdiction of the court. All other matters are merely of form. After plea, substantial amendments are prohibited.Is an additional allegation of habitual delinquency and recidivism a substantial amendment? No. These allegations only relate to the range of the imposable penalty but not the nature of the offense.

Is the amendment of an information from frustrated murder to consummated murder a substantial amendment? No. It is merely a formal amendment and the accused does not have to be re-arraigned.

Is the change in the items stolen by the accused a substantial amendment or a formal amendment? It is substantial amendment because it affects the essence of the imputed crime and would deprive the accused of the opportunity to meet all the allegations in preparation of his defense.

Is an additional allegation of conspiracy and change in the nature of the offense due to supervening event a substantial amendment? No. They are merely formal amendment.

What are the limitations for the substitution of complaint or information? The right to substitution of the complaint or information is subject to following limitations:

1. That no judgment has been rendered yet;

2. That the accused cannot be convicted of the offense charged or of any other offense necessarily included therein;

3. That the accused will not be placed in double jeopardy.

Section 15 Place Where Action Is To Be Instituted A criminal action should be instituted:

(a) In the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred, except those cases involving offenses falling under the exclusive jurisdiction of the Sandiganbayan;

(b) If the offense was committed in a train, aircraft, or any other public or private vehicle, in the court of any municipality or territory where the vehicle passed during its trip, including the place of departure or arrival;

(c) If committed on board a vessel, in the court of the first port of entry or of any municipality or territory where the vessel passed during the voyage, subject to the generally accepted principles of international law;

(d) If committed outside the Philippines but is punishable under Art. 2 of the RPC, any court where the action is first filed.

What is a transitory offense? These are crimes where some acts material and essential to the crimes and requisite to their commission occur in one municipality or territory and some acts are done in another place (Ex: estafa, abduction, malversation).

What is a continuing offense? These are crimes which are consummated in one place, yet by its nature, the violation of the law is deemed continuing (Ex: rebellion, libel where the libellous matter is published or circulated from one place to another).

How do you determine jurisdiction over a continuing crime? The courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. But the court which first acquires jurisdiction excludes the other courts.

Section 16 Intervention of the Offended Party In Criminal Action GEN. RULE: Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party may intervene in the prosecution of the criminal action.

EXCEPTIONS: If the offended party has waived his right, has reserved it, or has already instituted the criminal action. The basis for this rule is Art. 100 of the RPC which provides that every person criminally liable shall also be civilly liable. Another reason is that certain offenses cannot be prosecuted except upon the complaint of the offended party.

Do the offended parties have the right to move for the dismissal of a case? No. The right belongs only to the government prosecutor who is the representative of the plaintiff.

Can the offended party file a civil action for certiorari in his own name if the court dismisses an information? Yes. In case of grave abuse of discretion amounting to lack of jurisdiction, the petition may be filed by the offended party because he has an interest in the civil aspect of the case.

RULE 111

PROSECUTION OF CIVIL ACTION

Section 1 Institution of Criminal and Civil Actions GEN. RULE: When a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offense charged under Art. 100 of the RPC shall be deemed instituted with the criminal action.

EXCEPTIONS: The civil action is not deemed instituted in the following cases:

1. When the offended party has waived the civil action;

2. When the offended party has reserved the right to institute it separately;

3. When the offended party has instituted the civil action prior to the institution of the criminal action.

What is the dual concept of civil liability? The dual concept of civil liability means that civil liability may arise from crimes or from quasi-delicts. Thus, a negligent act which causes damage may produce two kinds of civil liability: one arising from crime and another from quasi-delict. The only limitation is that the offended party may not recover twice from the same act.

Distinguish between a crime and a quasi-delictCRIMESQUASI-DELICTS

Affect public interestAffects only of private concern

The RPC punishes or corrects the criminal actThe Civil Code merely repairs the damage by means of indemnification

Punished only if there is a law providing for their punishmentInclude all acts where fault or negligence intervenes hence under the CC, these may be punishable when fault or negligence is present.

What constitutes civil liability? According to Art. 104 of the RPC, civil liability includes restitution, reparation and indemnification for consequential damages.

If the complaint does not contain an allegation of damages, is the offender still liable for them?

Yes, because every person criminally liable is also civilly liable. This is subject to exception when the offended party has waived or has reserved the right to institute the civil action separately.

What is the rule on payment of docket fees on civil liability?

If the offended party seeks to enforce civil liability against accused by way of moral, nominal, temperate or exemplary damages other than actual, the following are bases for the docket fees:

1. If amount is stated, it will be based on the stated amount;

2. If no amount is stated, no docket fees will be paid yet but the docket fees to be paid will constitute a lien on the damages that will be awarded.When should the reservation be made? And what is the reason for the rule requiring reservation? The reservation should be made before the prosecution presents its evidence and under circumstances affording the offended party a reasonable opportunity to make such reservation.

The reason is to prevent double recovery from the same act or omission.

In a BP 22 case, can the offended party make a reservation of the civil action?

No. The criminal action shall be deemed to include the civil action, and the offended party is not allowed to make the reservation. The actual damages and the filing fees shall be equivalent to the value of the check.

Section 2 When Separate Civil Action Is Suspended After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action. If the criminal action is filed after the civil action was instituted, the civil action shall be suspended in whatever stage it may be found before judgment on the merits. The suspension shall last until final judgment is rendered in the criminal action

Nonetheless, the civil action may be consolidated with the criminal action at any time before judgment on the merits upon motion of the offended party with the court trying the criminal action.

The evidence presented at the civil action shall be deemed reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence. The consolidated criminal actions shall be tried and decided jointly.

The only exception is that a prejudicial question arising in a previously filed civil action should be resolved first.

Are the independent civil actions also deemed suspended with the filing of the criminal action?

No. Only the civil action arising from the crime under Art. 100 is suspended. The independent civil actions are not suspended and may continue even if the criminal action has been instituted. However, the offended party may not recover twice from the same act. He should only get the bigger award.

What is the effect of an acquittal on the civil action?

GEN. RULE: The civil action is not necessarily extinguished by the acquittal of the accused. Even if the accused is acquitted, the court can still award civil liability in the following cases:

1. When the acquittal is based on reasonable doubt;

2. When there is a declaration in the decision that the liability of the accused is only civil;

3. When the civil liability is not derived from or based on the criminal act of which the accused is acquitted.

EXCEPTION: If the decision contains a finding that the act from which the civil liability may arise does not exist, the civil liability is extinguished.

What is the reason for allowing the civil liability to subsist in spite of the acquittal of the accused?

The reason is that the parties in the criminal action and civil action are different. In the criminal action, the party is the State, while in the civil action, the party is the private offended party. Also, the twin actions require different quantum of evidence. The criminal action requires proof of guilt beyond reasonable doubt, while the civil action requires mere preponderance of evidence.

Section 3 - When Civil Actions May Proceed Independently Independent civil action may be brought by the offended party and it shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.

What are the independent civil actions?

The independent civil actions are those provided in Articles 32, 33, 34 and 2176 of the New Civil Code. Section 4 Effect of Death on Civil Actions If the accused dies after arraignment and during the pendency of the criminal action, both the criminal and civil liability arising from the crime shall be extinguished. However, the independent civil actions may be filed against the estate of the accused after proper substitution, and the heirs of the accused may also be substituted for the deceased. If the accused dies before arraignment, the case shall be dismissed, without prejudice to any civil action that the offended party may file against the estate of the deceased.

Section 5 Judgment in Civil Action Not A Bar A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action.

When the defendant is absolved of civil liability in a civil action, can a criminal action still be filed against him?

Yes. While every person criminally liable is also civilly liable, the converse is not true. Therefore, even if the defendant is absolved of civil liability in a civil action, a criminal action can still be filed against him. The outcome of the civil case is not in any way determinative of the guilt or innocence of the respondent in a civil case. Besides, the State is a party in a criminal action, while only the private offended party is a party in the civil action. Moreover, the quantum of evidence in the civil action is only preponderance of evidence, while that required in the criminal action is proof beyond reasonable doubt.

Section 6 Suspension By Reason Of Prejudicial Question In case the civil action was instituted ahead of the criminal action, the same shall be suspended in whatever stage if may be found and before judgment is the merits upon commencement of the criminal action.Prejudicial Question

Prejudicial question is one based on a fact separate and distinct from the crime but is so intimately related to it that it determines the guilt or innocence of the accused

What is the rationale behind the prejudicial question rule?

To avoid two conflicting decisions.

Section 7 Elements of Prejudicial Question The elements of a prejudicial question:

1. The previously filed civil action involves an issue which is similar or is intimately related with an issue raised in the subsequent criminal action;

2. The resolution of the issue will determine whether or not the criminal action may proceed.

When is an action for annulment of marriage prejudicial to a bigamy case?

An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy case is also the one asking for annulment of the second bigamous marriage based on vitiation of consent. This is because in such a case, if the court declares that the partys consent was indeed vitiated and annuls the marriage, then it would also mean that the party did not willingly commit the crime of bigamy. It would thus be determinative of the guilt or innocence of the accused.

RULE 11 PRELIMINARY INVESTIGATION

Section 1 Preliminary Investigation Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.When is preliminary investigation required?

GEN. RULE: Before a complaint or information is filed, preliminary investigation is required to be conducted for all offenses punishable by imprisonment of at least 4 years, 2 months, and 1 day, regardless of the fine.

EXCEPTION: If the accused was arrested by virtue of a lawful arrest without warrant.

In such a case, the complaint or information may be filed without a preliminary investigation unless the accused asks for a preliminary investigation and waives his right under Art. 125 of the RPC.What is the purpose of a preliminary investigation?

1. To determine if there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial;

2. To protect the accused from the inconvenience, expense, and burden of defending himself in a formal trial unless the reasonable probability of his guilt shall have been first ascertained in a fairly summary proceeding by a competent officer;

3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and public accusation of a crime, from the trouble, expenses and anxiety of a public trial;

4. To protect the state from having to conduct useless and expensive trials.

What is the scope of preliminary investigation?

Preliminary investigation is merely inquisitorial and it is often the only means of discovering whether the offense has been committed and the persons responsible for it to enable the fiscal to prepare his complaint or information. It is not a trial on the merits and has no purpose but to determine whether there is probable cause to believe that an offense has been committed and that the accused is probably guilty of it. It does not place the accused in jeopardy.Is the right to a preliminary investigation a fundamental right?

No, it is a statutory right and may be waived expressly or by silence. It is also not an element of due process, unless is expressly granted by law. While the right to a preliminary investigation may be substantial, nevertheless it is not a constitutional right.

Can accused demand the right to confront and cross-examine his witness during preliminary investigation?

No. The preliminary investigation is not part of the trial. It is summary and inquisitorial in nature, and its function is not to determine the guilt of the accused but merely to determine the existence of probable cause.

If the complaint or information is amended, should a new preliminary investigation be conducted?

No, unless the amended complaint or information charges a new offense. A new preliminary investigation is required only in cases where the complaint or information is substituted.

Section 2 Officers Authorized To Conduct Preliminary Investigation The following may conduct a preliminary investigation:

1. Provincial or City prosecutors and their assistants;

2. National and Regional State prosecutors;

3. Comelec with respect to election offenses;

4. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers;

5. PCGG with respect to ill-gotten wealth cases.

Section 3 - Procedures In Preliminary Investigation The preliminary investigation shall be conducted in the following manner:1. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainants and his witnesses as well as other documents to establish probable cause. The affidavits must be subscribed and sworn to before the prosecutor or government official authorized to administer oath or notary public.2. Within 10 days from the filing of the complaint, the investigating officer shall either:a. Dismiss it if he finds no ground to continue the investigation; orb. Issue a subpoena to the respondent accompanied by the complaint and affidavits.c. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense.

3. Within 10 days from receipt of the subpoena, the respondent shall submit his counter-affidavit, the affidavits of his witnesses, and other documents in his defense. Affidavits should also be sworn and subscribed. The respondent cannot file a motion to dismiss in lieu of a counter-affidavit.4. If the respondent cannot be subpoenad of if he fails to file his counter-affidavit within 10 days, the investigating officer shall resolve the complaint based on the evidence submitted by the complainant.5. If there are facts and issues which need to be clarified, the investigating officer may set a hearing the parties can be present, but they cannot cross-examine. The hearing shall be held within 10 days from the submission of the counter-affidavits or from the expiration of the period of their submission. It shall be terminated within 5 days.6. Within 10 days from the termination of the investigation, the investigating officer shall determine whether or not there is probable cause to hold the respondent for trial.Is a preliminary investigation a judicial proceeding? Yes, it is a judicial proceeding where the prosecutor or investigating officer acts as quasi-judicial officer. Parties are given the opportunity to be heard and to produce evidence which shall be weighed and upon which a decision shall be rendered. Since it is a judicial proceeding, the requirement of due process in judicial proceeding is also required in preliminary investigations.What is the difference between criminal investigation and preliminary investigation? Criminal investigation is a fact-finding investigation carried out by law enforcement officers for the purpose of determining whether they should file a complaint for preliminary investigation. Preliminary investigation is conducted for the purpose of determining if there is probable cause to hold a person for trial.Probable Cause

Is the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.Is the presence of counsel in the preliminary investigation mandatory?

No. Preliminary investigation is a summary proceeding and is merely inquisitorial in nature. The accused cannot yet invoke the full exercise of his rights. However, if a confession is to be obtained from a respondent, an uncounselled confession would be inadmissible.Section 4 Resolution of Investigating Prosecutor and Its Review If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that:1. He has personally examined the complainant and his witnesses;2. That there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;3. That the accused was informed of the complaint and of the evidence submitted against him;4. That he was given an opportunity to submit controverting evidence. If the investigating prosecutor finds no probable cause, he shall recommend the dismissal of the complaint. Within 5 days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or the Ombudsman. The latter shall act on the resolution within 10 days from receipt and shall immediately inform the parties of such action. No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor, or the Ombudsman. If the investigating prosecutor recommends the dismissal of the complaint, but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor, or the Ombudsman on the ground that probable cause exists, the latter may either:a. By himself, filed the information; orb. Direct another assistant prosecutor to file the information without need for a new preliminary investigation. The Secretary of Justice may, upon petition by a proper party or by itself, reverse or modify the resolution of the provincial or city prosecutor, the chief state prosecutor or the Ombudsman. In such a case, he shall direct the prosecutor concerned to either file the information without need for a new preliminary investigation or to dismiss or move for its dismissal if already filed in court.If there was no preliminary investigation conducted, what is the remedy of the accused?

The accused may do any of the following:1. Refuse to enter plea;2. Insist on a preliminary investigation;3. File certiorari if refused;4. Raise it as an error on appeal;5. File a petition for prohibition.May the Regional State Prosecutor file an information in court?

No, unless he has a prior written approval of the city provincial or chief state prosecutor.

What should the Secretary of Justice do if an information already filed in court is appealed to him?

He should, as far as practicable, refrain from entertaining the appeal. The matter should be left to the determination of the court.

If the Secretary of Justice gives due course to the appeal, what should the trial judge do? The trial judge should suspend proceedings and defer arraignment pending the resolution of the appeal.

Section 5 When Warrant of Arrest May Issue BY THE RTC within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. If the evidence on record fails to establish probable cause, he may immediately dismiss the case. If he finds probable cause, he shall issue a warrant of arrest, of a commitment order if the accused has already been arrested pursuant to a warrant or when the accused was lawfully arrested without a warrant. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint or information.

If issued by the MTC and if the preliminary investigation was conducted by a prosecutor, the same procedure as above is followed.

When is a warrant of arrest not necessary?

A warrant of arrest is not necessary in the following instances:

1. When the accused is already under detention issued by the MTC;

2. When the accused was arrested by virtue of a lawful arrest without warrant;

3. When the penalty is a fine only.

Warrant of Arrest

A legal process issued by competent authority, directing the arrest of a person or persons upon grounds stated thereto.

Preliminary Examination

A preliminary examination is a proceeding usually conducted by the judge for the purpose of determining probable cause for the issuance of a warrant of arrest. Purpose of Preliminary Examination

Its purpose is to determine the (a) fact of commission of a crime; and (b) the probability that the person sought to be arrested committed the crime.Distinguish Preliminary Investigation from Preliminary ExaminationPRELIMINARY

INVESTIGATIONPRELIMINARY

EXAMINATION

Executive functionJudicial function

May be done by a prosecutor, the PCGG or a Comelec officialDone by judges only

May not be done ex-parteDone ex-parte

Done by the prosecutor to determine probable cause in order to file a complaint or informationDone by the judge to determine probable cause for the purpose of issuing a warrant of arrest

What are the remedies of a party against whom a warrant of arrest has been issued? A party against whom a warrant of arrest has been issued may:

1. Post bail;

2. Ask for an investigation;

3. File a petition for review;

4. File a motion to quash the information;

5. If denied, he may appeal the judge after trial (no certiorari).

If the judge did not issue a warrant for the arrest of the accused during preliminary investigation, what is the remedy of the prosecutor if he believes that the accused should be immediately placed under custody?

The prosecutor should file the information in court, so that the RTC may issue the warrant of arrest. He cannot file for mandamus because that could take two years to resolve.Is the finding of a judge that probable cause exists for the purpose of issuing a warrant of arrest subject to judicial review?

No. That would tantamount to asking the court to examine and assess such evidence submitted by the parties before trial and on the basis thereof and to make a conclusion as whether or not it suffices to establish the guilt of the accused.

Can the accused file a motion to quash based on insufficiency of evidence?

No. He cannot pre-empt trial by filing a motion to quash on the ground of insufficiency of evidence. Whether the function of determining probable cause has been correctively discharged by the prosecutor is a matter that the trial court itself does not and may not pass upon.

What is the remedy of the complainant if the Secretary of Justice does not allow the filing of a criminal complaint against the accused because of insufficiency of evidence?

The complainant can file a civil action for damages against the offender based on Art. 35 of the Civil Code. This would require a mere preponderance of evidence.

What is a John Doe warrant? Are they valid?

A John Doe warrant is a warrant for the apprehension of a person whose true name is unknown. Generally, John Doe warrants are void because they violate the constitutional provision which requires that warrants of arrest should particularly describe the person or persons to be arrested. But if there is sufficient description to identify the person to be arrested, then the warrant is valid.

Section 6 When Accused Lawfully Arrested Without WarrantHow should the complaint of information be filed when the accused is lawfully arrested without warrant?

When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without a need of such investigation provided an inquest proceeding has been conducted in accordance with existing rules. In the absence of an inquest prosecutor, the offended party or any peace officer may file the complaint directly in court on the basis of the affidavit of the offended party or peace officer.What is the remedy of the person arrested without warrant if he wants a preliminary investigation?

Before the complaint or information is filed, a person arrested without warrant may ask for a preliminary investigation provided that he signs a waiver of his rights under Art. 125 of the RPC in the presence of counsel. He may still apply for bail in spite of the waiver. The investigation must be terminated within 15 days.

After the complaint or information is filed but before arraignment, the accused may, within 5 days from the time he learns of his filing, ask for a preliminary investigation.

Inquest

It is an informal and summary investigation conducted by a public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly charged in court.Section 7 Records Records supporting the information or complaint An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case. Records of preliminary investigation The record of preliminary investigation, whether conducted by a prosecutor or other officers as may be authorized by law shall not form part of the record of the case, unless introduced as evidence during the trial.Section 8 Cases Not Requiring A Preliminary Investigation Nor Covered By The Rule On Summary Procedure a)If filed with the prosecutor the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filingb)If filed with the Municipal Trial Court and within 10 days from the filing of the complaint or information, the judge finds no probable cause after personally examining the evidence in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the complaint or information. He may, however, require the submission of additional evidence, within 10 days from notice, to determine further the existence of probable cause. If he still finds no probable cause, he shall dismiss the case. If he finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused had already been arrested, and hold him for trial. If he thinks that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest.

RULE 113 ARREST

Section 1 Definition Of Arrest Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.Section 2 Arrest; How Made An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.Section 3 Duty Of Arresting Officer It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.Section 4 Execution Of Warrant1. The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.2. Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.3. In case of his failure to execute the warrant, he shall state the reasons therefor.Within what period must a warrant of arrest be served?

There is no limitation of period. A warrant of arrest is valid until the arrest is effected or until it is lifted.

What is the lifetime of a warrant of arrest?

A warrant of arrest remains valid until the arrest is effected or the warrant is lifted.

To validly effect arrest, must the peace officer have in his possession the warrant of arrest?

Police officers may effect arrest without the warrant in their possession at the time of the arrest.

Section 5 Arrest Without Warrant; When Lawful A peace officer or private person may arrest a person even without a warrant:

1. When in his presence, the person to be arrested has committed, is actually committing, or is about to commit an offense;2. When an offense has just been committed, and he has probable cause based on personal knowledge of facts and circumstances that the person to be arrested has committed it; and3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. A police officers was chasing a person who had just committed an offense. The person went inside a house, so the police officer followed. Inside the house, the police officer saw drugs lying around. Can he confiscate the drugs and use them as evidence?Yes. The plain view doctrine is applicable this case because there was a prior valid intrusion. The police officer inadvertently discovered the evidence, he had a right to be there, and the evidence was immediately apparent.

What if the officer merely peeks through the window of the house and sees the drugs, can he confiscate them and use them as evidence.He can confiscate them, without prejudice to his liability for violation of domicile. He cannot use them as evidence because the seizure cannot be justified under the plain view doctrine, there being no previous valid intrusion.

What is the effect if a warrantless arrest is illegal?

It does not render void all other proceedings, including those leading to the conviction of the accused nor can the state be deprived of its right to convict the guilty when all the facts on record points to his culpability.

Section 6 Time Of Making Arrest An arrest may be made any day and at any time of the day and night.

Section 7 Method Of Arrest By Officer By Virtue Of Warrant When making an arrest by virtue of a warrant, the officer shall inform the suspect of the cause of the arrest and that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity to inform him, or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the suspect so requires, the warrant shall be shown to him as soon as practicable.Section 8 Method Of Arrest By Officer Without Warrant When making an arrest without a warrant, the officer shall inform the suspect of his authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to inform him, or when the giving of such information will imperil the arrest.

Section 9 Method Of Arrest By Private Person When making an arrest, a private person shall inform the suspect of the intention to arrest him and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the officer has opportunity to inform him, or when the giving of such information will imperil the arrest.

Section 10 Officer May Summon Assistance An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest

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

Section 11 Right Of Officer To Break Into Building Or Enclosure An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in Sec. 5, may break into any building or enclosure where the person to be arrested is or is reasonable believed to be, if he is refused admittance thereto, after announcing his authority and purpose.Section 12 Right To Break Out From Building Or Enclosure Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself.

Section 13 Arrest After Escape Or Rescue If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Section 14 Right Of Attorney Or Relative To Visit Person Arrested Under RA 7438, any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor, or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national non-governmental organization duly accredited by the Commission on Human Rights or by any international non-governmental organization duly accredited by the Office of the President.

RULE 114 BAIL

Section 1 Bail Defined Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required.

Bail may be given in the form of corporate surety; property bond; cash deposit; or recognizance.

What is recognizance?

It is an obligation or record, entered into before a court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial.

When is the right to bail available?

The right to bail only accrues when a person is arrested or deprived of his liberty. The right to bail presupposes that the accused is under legal custody.

Section 2 Conditions Of Bail, Requirements All kinds of bail are subject to the following conditions:

1. The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the RTC, irrespective of whether the case was originally filed in or appealed to it;2. The accused shall appear before the proper court whenever required by the court or these Rules;

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

4. The bondsman shall surrender the accused to the court for execution of the final judgment.

Requirements of Bail

1. Original papers which shall state the full name and address of the accused;

2. Amount of the undertaking and the condition required by this Section;

3. Photographs (passport size) taken within the last 6 months showing the face, left and right profiles of the accused which must be attached to the bail.

Can the court impose other conditions or limitations on the bail?

Yes. The trial court may impose other conditions in granting bail where the likelihood of the accused jumping bail or of committing other harm to the citizenry is feared. The court even has the power to prohibit a person admitted to bail from leaving the Philippines or restrict his right to travel.

Section 3 No Release Or Transfer Except On Court Order Or Bail No person under detention by legal process shall be released or transferred except upon order of the court or when he is admitted to bail.

Section 4 Bail, A Matter Or Right; Exception GEN. RULE: Before conviction of any criminal offense, all persons in custody, under arrest or detention or restraint by the officers of the law, shall be admitted to bail as a matter of right.

EXCEPTION: When such person is charged with a capital offense and the evidence of guilt is strong.Section 5 Bail, When Discretionary Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.

When can the prosecution move for the cancellation or denial of bail of the accused?

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

1) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteracion;

2) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

3) That he committed the offense while under probation, parole, or conditional pardon;

4) That the circumstances of his case indicate the probability of flight if released on bail; or

5) That there is undue risk that he may commit another crime during the pendency of the appeal.

When may person not be admitted to bail?

When the evidence of guilt is strong, a person shall not be admitted to bail if charged with a capital offense, or when charged with an offense that under the law is punishable with reclusion perpetua at the time of its commission and at the time of the application for bail.

When is a bail hearing necessary?

Under the present rules, bail hearing is mandatory on granting bail, whether it is a matter of right or discretion. Even in cases where there is no petition for bail, a hearing should still be had.

What is required of the judge who denies an application for bail?

The order denying bail issued by the judge should contain a summary of the evidence presented and the reason for the denial, otherwise it shall be void. The reason is that there is a need for clear grounds before a person can be denied of his liberty. This is to safeguard the constitutional right to presumption of innocence.

If there is a possibility that the accused would jump bail, what should the court do?

The court may do the following:

1. Increase the amount of bail;

2. Require periodic reports of the accused to court;

3. Warn the accused that should he jump bail, the trial court may proceed in absentia.

Doctrine of Residual Powers

Where the trial court retains power even after the perfection of an appeal

X was charged and convicted with a crime so he filed a notice of appeal. If he wants to put up bail, where should he file his application?

If the records of the case have not yet been transmitted to the appellate court, X can file the application with the trial court. However, once the records have been transmitted to the appellate court, the trial court loses jurisdiction over the bail application.

Is the doctrine absolute?

No. If the decision of the trial court upgraded the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Section 6 Capital Offense Defined

A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.

How is the capital nature of an offense determined?

The capital nature of an offense is determined by the penalty prescribed by law. What is to be considered is the prima facie evidence, not the penalty that may be imposed taking into account modifying circumstances.

Section 7 Capital Offense, Not Bailable

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.

In an information filed before the RTC, RP was charged with violation of PD No. 1866 for illegal possession of firearms punishable by reclusion temporal maximum to reclusion perpetua. Pending trial, RP was released on bail. Thereafter, RP was convicted as charged and meted an indeterminate penalty of 17 years, 4 months and 1 day of reclusion temporal to 21 years of reclusion perpetua. On appeal, RPs conviction was affirmed and his bail was cancelled and RP appealed this decision and prayed to be allowed to post bail for temporary liberty. Is RP entitled to bail?

In this case, appellant was convicted of a crime punishable by reclusion perpetua. He is therefore not entitled to bail as his conviction clearly imports that the evidence of his guilt is strong. Furthermore, a summary hearing for his bail application for the sole purpose of determining whether or not evidence is strong is unnecessary. The extensive trial before the lower court and the appeal before respondent court are more than sufficient in accomplishing the purpose for which a summary hearing for bail application is designed.

Section 8 Burden of Proof in Bail Application At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong.

The evidence presented during the bail hearing shall be considered automatically reproduced at the trial but, upon motion of either party, the court may recall any witness for additional examination unless the latter is dead, outside the Philippines, or otherwise unable to testify.

What are the duties of the trial judge in case an application for bail is filed?

In case an application for bail is filed, the trial judge should:

1. Notify the prosecutor of the hearing or require him to submit his recommendation;

2. Conduct a hearing;

3. Decide whether the evidence of guilt is strong based on the summary of evidence of the prosecution;

4. If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. If the evidence of guilt is strong, the petition should be denied.

Evident Proof

Means clear, strong evidence while leads a well-grounded dispassionate judgment to the conclusion that the offense has been committed as charged, that the accused is the guilty agent, and that he will probably be punished capitally if the law is administered.

Presumption Great

Exists when the circumstances testified to are such that the inference of guilt naturally to be drawn therefrom is strong, clear, and convincing to an unbiased judgment and excludes all reasonable probability of any other conclusion.

Section 9 Amount of Bail; Guidelines

The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to, the following factors:1. Financial ability of the accused to give bail;

2. Nature and circumstances of the offense;

3. Penalty for the offense charged;

4. Character and reputation of the accused;

5. Age and health of the accused;

6. Weight of the evidence against the accused;

7. Probability of the accused appearing at the trial;

8. Forfeiture of other bail;

9. The fact that the accused was a fugitive from justice when arrested; and

10. Pendency of other cases where the accused is on bail.

Excessive bail shall not be required.

What happens when the judge imposes excessive bail?

He may be administratively sanctioned and fined as the judge violates the constitutional right of the accused to bail.

What is the remedy of the accused if he is denied bail?

He should file a special civil action in the Court of Appeals not the Supreme Court, within 60 days.

Section 10 Corporate Surety

Any domestic or foreign corporation, licensed as a surety in accordance with law and currently authorized to act as such, may provide bail by a bond subscribed jointly by the accused and an officer of the corporation duly authorized by its board of directors.

Can the court refuse to accept a corporate surety and require instead the posting of a cash bond