Commencement of Action – Offended party may file the complaint directly with the proper

court on the basis of the affidavit of the offended party or arresting officer (S6,R112 – Bar 2012)

Independent Civil Action – May be filed based on Article 33 and 2176 of New Civil Code (Bar
2013)
Private Crimes – Adultery and Conbunigae shall not be prosecuted expect upon the complaint
filed by the offended spouse (S5, R110 – Bar 2013)

Ombudsman to File Information – absent clear delegation of authority from the Ombudsman
the special prosecutor has no authority to file information (Perez v. Sandiganbayan 503 scra
252 – Bar 2009

Hold Departure Order – Where to apply (Bar 2010)

Failure to appear during promulgation of judgment (Bar 2014)

Double Jeopardy - Reckless imprudence is a single crime - Ivler v. Modesto-San Pedro (Bar
2014)

Death of the public officer did not remove the jurisdiction of the Sandiganbayan to prosecute the
private individual (People v. Go, March 25, 2014 – Bar 2014)

Custody over the person of the accused is not required, only jurisdiction over the person, for the
court to rule on the motion to quash warrant. Filing a motion and seeking an affirmative relief,
the court obtained jurisdiction. In a motion to fix bail custody of the law over the accused is
required (Miranda v. Tuliao March 31, 2006, Bar 2014, 2012)

Before the accused files a motion for reinvestigation and recall of warrant of arrest, he must first
surrender his person to the court (Miranda v. Tuliao March 31, 2006, Bar 2009)

An order denying a motion to Quash Warrant and Fix Bail is interlocutory. The remedy is
Certiorari to the Supreme Court under Rule 65 alleging GAD (Bar 2014)

Bail - After petition for bail is denied, the court still has control over the case and may grant bail
once the accused reiterates his petition for bail if its shown during reception of evidence that no
qualifying circumstances attended the killing and the crime would be only homicide. The court is
not bound by its earlier ruling and may reconsider the same if the evidence or law warrants the
same (Bar 2014)

Bail - An order denying a petition for bail is interlocutory. Failure to move for reconsideration
during trial will not render it final and conclusive (Bar 2014)

Bail - After conviction by RTC of an offense punishable y death, RP, LI, admission to bail is
discretionary (S5, Rule 114 – Bar 2014)

Prejudicical Question - a pending case for declaration of nullity of marriage does not raise a
prejudicial question to a charge of bigamy since a person who contracts a second marriage
without first awaiting a judicial declaration of nullity of his first marriage has already committed
bigamy (People v. Odtuhan, July 17, 2013 – Bar 2014)
Determination of PC for Issuance WA by a judge - a pending case for declaration of nullity of
marriage does not raise a prejudicial question to a charge of bigamy since a person who
contracts a second marriage without first awaiting a judicial declaration of nullity of his first
marriage has already committed bigamy. The SC has held that the judge may rely upon the
resolution of the investigating prosecutor provided that he personally evaluates the same and
the affidavits and supporting documents, which he did (People v. Grey July 26, 2010 - Bar 2015)

Remedy from the Ombudsman’s orders or resolutions in criminal cases - is a petition for
certiorari under Rule 65 filed with the Supreme Court. (Quarto v OMB, 5 Oct 2011; Cortes v.
OMB, 10 June 2013 – Bar 2015)

Ombudsman order to exclude a person from information – Not subject to mandamaus

Double Jeopardy – Res Judicata in Prison Grey – criminal concept of double jeopardy (Bar
2010)

Discharge of accused Sec. 17, Rule 119 - , a requirement for discharge is that there is no
other direct evidence available for the prosecution of the offense and that there is absolute
necessity for the testimony of the accused whose discharge is requested. If the testimony is
merely corroborative, there is no absolute necessity for it.  Necessity is not there when the
testimony would simply corroborate or otherwise strengthen the prosecution’s evidence.
(Jimenez v. People, Sept 17, 2014 – Bar 2015

Bail- Bail should not be condition upon prior arraignment (Lavides v. Court of Appeals, 1
February 2000 Bar 2015)

Bail - admission to bail shall not bar the accused from challenging the validity of his arrest
provided that he does so before entering his plea. (Sec. 26, Rule 114 – Bar 2014)

Bail - When is bail a matter of judicial discretion (Bar 2017)

Arrest – Bring to nearest jail (Bar 2007)

Warrantless Arrest Instances (Bar 2017)

Warrantless Arrest – warrantless arrest may still be executed within 24 hours after the
commission of the crime. An arrest which took place a day after the commission cannot be
considered as in “offense has just been committed” (People v. Del Rosario 305 SCRA 770 (Bar
2016)

Warrantless Arrest – meaning of "personal knowledge of the facts and circumstances that the
person to be arrested committed it" 

Personal knowledge not of the commission of the crime itself but of facts and circumstances
which would lead to the conclusion that the person to be arrested has probably committed the
crime.  Such personal knowledge arises from reasonably worthy information in the arresting
person’s possession coupled with his own observation and fair inferences therefrom that the
person arrested has probably committed the offense (Pestillos v. Generoso, 739 SCRA 337 –
Bar 2016
Motion to Quash Information - each act of sexual intercourse with a minor is a separate and
distinct offense under R.A. No. 7610 and not covered by Single Larceny Rule (Bar 2017)

Motion to Quash information – Ground: Charges 2 Offenses and Does not substantially
conform to the required form (Bar 2016)

Motion to Quash Information – lack of preliminary investigation not ground (Bar 2009)

Order granting a Motion for New Trial is Interlocutory in Criminal Case– Remedy is Rule
65 to be filed within 60 days from the time the publc prosecutor received the order. The remedy
should be pursued by the OSG (Cario v. de Castro, April 30 2008 - Bar 2015)

Judicial Affidavit is not a documentary evidence (Bar 2015)

When is inquest proceeding conducted - the public prosecutor conducts an inquest instead
of a preliminary investigation when a person is lawfully arrested without a warrant involving an
offense which requires a preliminary investigation. [S6 R112 – Bar 2017]

Search and Seizure – Plain View – if the marijuana is wrapped in newspaper, search cannot
be justified under plain view (Bar 2008)

Warrantless Search (Stop and Frisk) – Bar 2010

Search Warrant – Where to file Application for Search Warrant (A.M. No. 99-1009-SC, January
25, 2000 – Bar 2012)

Search Warrant – Implementation and Content (Bar 2012)

Motion to Dismiss – Ground Violation of Right to Speedy Trial (Bar 2013)

Reverse Trial (Bar 2007)

Trial in Absentia : Requisites and Promulgation of Judgment in Absentia (Bar 2010)