Rule 110 and Rule 111 Where the civil action has been filed separately and trial

thereof has not yet commenced, it may be consolidated

PROSECUTION OF CIVIL ACTIONS AND with the criminal action upon application with the court
PROVISIONAL REMEDIES trying the latter case. If the application is granted, the trial
of both actions shall proceed in accordance with section 2
Rule 110 PROSECUTION OF OFFENSES – of this Rule governing consolidation of the civil and
INTERVENTION OF THE OFFENDED PARTY criminal actions.
SECTION 16. Intervention of the Offended Party in Sec. 2. When separate civil action is suspended. –
Criminal Action.- After the criminal action has been commenced, the
separate civil action arising therefrom cannot be instituted
Where the civil action for the recovery of civil liability is
until final judgment has been entered in the criminal
instituted in the criminal action pursuant to Rule 111, the
action.
offended party may intervene by counsel in the
prosecution of the offense. If the criminal action is filed after the said civil action has
already been instituted, the latter shall be suspended in
Rule 111 PROSECUTION OF CIVIL ACTION
whatever state it may be found before judgment on the
• Section 1. Institution of criminal and civil actions. merits. The suspension shall last until final judgment is
– (a) When a criminal action is instituted, the civil rendered in the criminal action. Nevertheless, before
action for the recovery of civil liability arising from the judgment on the merits is rendered in the civil action, the
offense charged shall be deemed instituted with the same may, upon motion of the offended party, be
criminal action unless the offended party waives the consolidated with the criminal action in the court trying the
civil action, reserves the right to institute it criminal action. In case of consolidation, the evidence
separately or institutes the civil action prior to the already adduced in the civil action shall be deemed
criminal action. automatically reproduced in the criminal action without
prejudice to the right of the prosecution to cross-examine
• The reservation of the right to institute separately the the witness presented by the offended party in the criminal
civil action shall be made before the prosecution case and of the parties to present additional evidence. The
starts presenting its evidence and under consolidated criminal and civil actions shall be tried and
circumstances affording the offended party a decided jointly.
reasonable opportunity to make such reservation.
During the pendency of the criminal action, the running
When the offended party seeks to enforce civil period of prescription of the civil action which cannot be
liability against the accused by way of moral, instituted separately or whose proceeding has been
nominal, temperate, or exemplary damages without suspended shall be tolled.
specifying the amount thereof in the complaint or
information, the filing fees therefore shall constitute a The extinction of the penal action does not carry with it
first lien on the judgment awarding such damages. extinction of the civil action. However, the civil action
based on delict shall be deemed extinguished if there is a
• Where the amount of damages, other than actual, is finding in a final judgment in the criminal action that the act
specified in the complaint or information, the or omission from which the civil liability may arise did not
corresponding filing fees shall be paid by the exist.
offended party upon the filing thereof in court.
Sec. 3. When civil action may proceed independently.
Except as otherwise provided in these Rules, no filing – In the cases provided in Articles 32, 33, 34 and 2176 of
fees shall be required for actual damages. the Civil Code of the Philippines, the independent civil
action may be brought by the offended party. It shall
No counterclaim, cross-claim or third-party complaint proceed independently of the criminal action and shall
may be filed by the accused in the criminal case, but require only a preponderance of evidence. In no case,
any cause of action which could have been the however, may the offended party recover damages twice
subject thereof may be litigated in a separate civil for the same act or omission charged in the criminal
action. action.

(b) The criminal action for violation of Batas Pambansa Sec. 4. Effect of death on civil actions. – The death of
Blg. 22 shall be deemed to include the corresponding civil the accused after arraignment and during the pendency of
action. No reservation to file such civil action separately the criminal action shall extinguish the civil liability arising
shall be allowed. from the delict. However, the independent civil action
instituted under section 3 of this Rule or which thereafter is
Upon filing of the aforesaid joint criminal and civil actions, instituted to enforce liability arising from other sources of
the offended party shall pay in full the filing fees based on obligation may be continued against the estate or legal
the amount of the check involved, which shall be representative of the accused after proper substitution or
considered as the actual damages claimed. Where the against said estate, as the case may be. The heirs of the
complaint or information also seeks to recover liquidated, accused may be substituted for the deceased without
moral, nominal, temperate or exemplary damages, the requiring the appointment of an executor or administrator
offended party shall pay additional filing fees based on the and the court may appoint a guardian ad litem for the
amounts alleged therein. If the amounts are not so alleged minor heirs.
but any of these damages are subsequently awarded by
the court, the filing fees based on the amount awarded The court shall forthwith order said legal representative or
shall constitute a first lien on the judgment. representatives to appear and be substituted within a
period of thirty (30) days from notice.
A final judgment entered in favor of the offended party - If the accused is acquitted by reason of reasonable
shall be enforced in the manner especially provided in doubt, civil liability may still be awarded by the court
these rules for prosecuting claims against the estate of the to the offended party.
deceased.
- If the accused was acquitted because the crime was
If the accused dies before arraignment, the case shall be absolutely not proven, no civil award may be given
dismissed without prejudice to any civil action the offended because the crime from which the civil liability may
party may file against the estate of the deceased. arise did not exist.

Sec. 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 Effect of death of the accused on the civil liability
against the defendant for the same act or omission subject
• In Article 89 of the RPC, death is enumerated as one
of the civil action.
of the grounds for extinguishing criminal liability.
Sec. 6. Suspension by reason of prejudicial question. What then is the effect on civil liability if criminal
– A petition for suspension of the criminal action based liability is already extinguished?
upon the pendency of a prejudicial question in a civil
- If the accused died AFTER FINAL JUDGMENT, the
action may be filed in the office of the prosecutor or the
civil liability ex delicto survives.
court conducting the preliminary investigation. When the
criminal action has been filed in court for trial, the petition - But if the accused died BEFORE FINAL
to suspend shall be filed in the same criminal action at any JUDGMENT, both the criminal and the civil
time before the prosecution rests. liability ex delicto will no longer survive. However,
the offended party can still pursue independent and
Sec. 7. Elements of prejudicial question. – The
separate civil action arising from other sources of
elements of a prejudicial questions are: (a) the previously
obligations such as quasi delict, quasi-contract, or
instituted civil action involves an issue similar or intimately
law, against the estate of the deceased accused.
related to the issue raised in the subsequent criminal
action, and (b) the resolution of such issue determines - The prescriptive period to file the separate civil
whether or not the criminal action may proceed. action is interrupted during the hearing of the
criminal case.
NOTES
- PREJUDICIAL QUESTION comes into play
• Article 100 of the RPC states that “a person criminally
generally in a situation where civil and criminal
liable is also civilly liable.” This involves the civil
actions are pending and the issues involved in
aspect of every criminal case. Civil aspect means
both cases are similar or closely related that an
civil liability ex delicto or civil liability flowing from the
issue must be pre-emptively resolved in the civil
crime and subject of criminal action.
case before the criminal action can proceed.
• Examples of civil liability: value of property destroyed The rationale behind the principle of prejudicial
in malicious mischief; face amount of the check in BP question is to avoid two conflicting decisions.
22 cases; medical expenses incurred in crimes of
Illustration:
physical injuries; funeral expenses in
homicide/murder cases; value of the thing stolen in • Anton married Benita on April 5, 2021
theft and robbery cases if the thing stolen can no
longer be recovered Later, Anton, by force, married Celia, or on May 5, 2022.

• By reason of Article 100, every civil action ex delicto Celia files a civil case of annulment of marriage against
is deemed instituted or deemed included in the Anton.
criminal charge. This means that the civil action is
already considered as “merged” with the criminal Benita files a criminal complaint for bigamy against Anton.
action.
The charge of bigamy may be suspended
• BUT, there is no implied institution if the offended pending the resolution of the Annulment of Marriage. The
party waives or foregoes the right to pursue civil reason is, if the marriage is annulled, there is only one
action or makes a reservation on the civil action or marriage, and the bigamy charge will be dismissed. On
the civil action was filed first before the criminal the other hand, if the case for annulment of marriage is
action. dismissed, there will be two existing marriages and the
charge of bigamy will proceed.
• The main purpose of the civil action is to recover
damages or pecuniary liabilities due to the offended Rule 127
party as a result of the damage or injury. The
judgment of civil liability is included in the main PROVISIONAL REMEDIES
judgment of conviction or acquittal
Section 1. Availability of provisional remedies. – The
Can the court award civil damages if the accused is provisional remedies in civil actions, insofar as they are
acquitted? applicable, may be availed of in connection with the civil
action deemed instituted with the criminal action.
• It depends.
Sec. 2. Attachment. – When the civil action is properly
instituted in the criminal action as provided in Rule 111, the
offended party may have the property of the accused
attached as security for the satisfaction of any judgment
that may be recovered from the accused in the following A public prosecutor has authority to apply for
cases: preliminary attachment to protect the interest of the
offended party, considering that the civil liability of the
(a) When the accused is about to abscond from the culprits is to be determined therein, no reservation having
Philippines; been made of the right to enforce it in a separate civil
action.
(b) When the criminal action is based on a claim for
money or property embezzled or fraudulently misapplied 2. Injunction
or converted to the use of the accused who is a public
officer, officer of a corporation, attorney, factor, broker, Criminal prosecution may not be stayed or restrained by
agent or clerk, in the course of his employment as such, or injunction, preliminary or final, except in the following
by any other person in a fiduciary capacity, or for a willful cases:
violation of duty;
a. To afford adequate protection to the constitutional
(c) When the accused has concealed, removed, or right of the accused;
disposed of his property, or is about to do so; and
b. When necessary for the orderly administration of
justice or to avoid oppression or multiplicity of
(d) When the accused resides outside the Philippines.
actions;
NOTES
c. When there is a prejudicial question which is sub
PROVISIONAL REMEDIES in civil actions, insofar as they judice;
are applicable, may be availed of in connection with the
d. When the acts of the officer are without or in excess
civil action deemed instituted with the criminal action, the
of authority;
court with which the civil action is filed is not thereby
deprived of its authority to issue auxiliary writs that do not e. When the prosecution is under an invalid law,
go into the merits of the case. ordinance or regulation;
PROVISIONAL REMEDIES ARE NOT AVAILABLE f. When double jeopardy is clearly apparent;
WHEN THE FOLLOWING CIRCUMSTANCES EXIST:
g. Where the court has no jurisdiction over the offense;
1. Offended party has waived the civil claim
h. Where it is a case of persecution rather than
2. Offended party has reserved the civil claim prosecution;
3. Offended party has already instituted a separate civil i. When the charges are manifestly false and motivated
action by the lust for vengeance;
4. Criminal action carries with it no civil liability j. When there is clearly no prima facie case against the
accused and a MTQ on that ground has been denied; and
KINDS OF PROVISIONAL REMEDIES
k. Preliminary injunction has been issued by the SC to
[The accused may present evidence to prove his defense
prevent the threatened unlawful arrest of the petitioners.
and damages, if any, arising from the issuance of a
provisional remedy in the case. 3. Support pendente lite
1. Preliminary attachment Applies in criminal action where civil liability
includes support for the child as a consequence of a crime
The offended party may have the property of the
(i.e. instances where the victim got pregnant as a result of
accused attached as security for the satisfaction of any
rape)
judgment that may be recovered from the accused in the
following cases: POINTS TO PONDER
a. When the accused is about to abscond from the • A civil action arising from crime is also known as civil
Phils.; liability ex delicto. Civil liability ex delicto is deemed
instituted with the criminal action unless the offended
b. When the criminal action is based on a claim for
party waives, reserves, or there is a separate filing of
money or property embezzled or fraudulently
the civil case ahead of the criminal case.
misapplied or converted to the use of the accused
who is a public/corporate officer, attorney, factor, • Death of the accused will definitely extinguish his/her
broker, agent, or clerk, in the course of his criminal liability. Civil liability ex delicto will be
employment as such, or by any other person in a extinguished only if accused died before final
fiduciary capacity, or for a willful violation of duty; judgment.
C. When the accused has concealed, removed, or • Criminal actions prevail over the civil actions.
disposed of his/her property, or is about to do so; and Therefore, a civil action may be suspended if there is
an ongoing criminal action that is heard. The
d. When the accused resides outside the Philippines.
EXCEPTION is in case of prejudicial question.
The writ of preliminary attachment may be
• There is PQ if the civil and criminal actions are so
issued ex-parte before the acquisition of jurisdiction over
intimately connected that the outcome of the criminal
the accused. However, it may be implemented only after
action will be dependent on the result of the civil
acquisition of jurisdiction over the person of the accused.
action.
• It is possible that an accused may still be civilly liable respect to warrantless arrest in hot pursuit, only
even if he/she is acquitted of the crime charged. an officer of the law can perform such arrest.
Ideally though, it would be best to delegate the
• Provisional remedies are temporary remedies arrest to a law enforcement officer not only for
provided by the court so as not to render the court safety reasons but also considering that they
proceeding fruitless. received specialized training in performing
arrest. An arrester must always anticipate that
the arrestee is possibly “armed and dangerous”.

Sec. 4. Execution of warrant. – The head of the office

to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed
ARREST within ten (10) days from its receipt. Within ten (10)
days after the expiration of the period, the officer to
Rule 113 whom it was assigned for execution shall make a
report to the judge who issued the warrant. In case of
his failure to execute the warrant, he shall state the
Section 1. Definition of arrest. – Arrest is the taking of reason therefore.
a person into custody in order that he may be bound
to answer for the commission of an offense. • warrants are valid only for 10 days

• Offense includes felony or penal infractions. • Within 10 days from after the expiration of the
period, the officer shall file before the issuing
• The term “taking” may involve actual restraint of court, a Return of Warrant
a person’s freedom of movement. However,
actual restraint is not always required.

• Elements of arrest: • Sec. 5. Arrest without warrant; when

lawful. – A peace officer or a private person
1. There is deprivation of liberty; and may, without a warrant, arrest a person:
(a) When, in his presence, the person to be
2. Submission of the respondent to the authority arrested has committed, is actually committing,
so that he may be bound to answer the accusations or is attempting to commit an offense;
against him.
• (b) When an offense has just been committed
and he has probable cause to believe based on
personal knowledge of facts or circumstances
Sec. 2. Arrest; how made. – An arrest is made by an that the person to be arrested has committed it;
actual restraint of a person to be arrested, or by his and
submission to the custody of the person making the
arrest. • (c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
No violence or unnecessary force shall be place where he is serving final judgment or is
used in making an arrest. The person arrested shall temporarily confined while his case is pending,
not be subject to a greater restraint than is necessary or has escaped while being transferred from one
for his detention. confinement to another.

- Actual restraint is not always required. In cases falling under paragraphs (a) and (b)
above, the person arrested without a warrant shall be
• An arrester is not required to bodily touch or forthwith delivered to the nearest police station or jail and
have physical contact with the arrestee. shall be proceeded against in accordance with Section 7
of Rule 112.
• Arrest need not be violent and forceful. A formal
and categorical declaration to arrest a person is
also not required. Mere intention to arrest is A private person is not prevented from effecting
enough. [Ongcama Hadji Hamar v. People, G.R. a valid arrest [Sec. 9, Rule 113] esp. for
No. 182534, Sept. 2, 2015] practical purposes or under exigent
circumstances such as in flagrante delicto
• Reasonable amount of force may be used to
arrests. Arrest by private persons may be the
effect arrest.
last optionwhere law enforcement officers are
limited or if their station is significantly distant to
the place where the arrestee is found. Every
Sec. 3. Duty of arresting officer. – It shall be the duty person is expected to be vigilant and alert to
of the officer executing the warrant to arrest the crimes within their community. A brgy. Public
accused and deliver him to the nearest police station safety officer or brgy. Tanod falls within the
or jail without unnecessary delay. purview of a law enforcement officer who has
adequate training in processing arrests. Security
• Article 125 guards, watchmen and private detectives are
deemed private persons equipped with
• Any person can perform an arrest-whether a law adequate training in effecting arrests.
enforcement officer or non-officer; However, with
Exceptions operation are not only authorized but duty
bound to apprehend the violator and to search
• Paragraphs (a), (b), ( c ) him for anything that may have been part of or
used in the commission of the crime.
• (b) – there must be a large measure of
immediacy between the time the offense was
committed and the time of arrest [Go v. CA,
G.R. No. 101837, Feb. 11, 1992. Elements of hot pursuit…

• (c ) – The same is founded on the principle that • 1. The offense has just been committed. The
at the time of the arrest, the escapee is in the time interval between the actual commission of
continuous act of committing a crime (Evasion the crime and the arrival of the arresting officer
of service of sentence) must be brief. (Go v. CA, G.R. No. 101837).

• 4[d], where a person who has been lawfully • 2. Probable cause must be based on personal
arrested escapes or is recued (Rule 113, Sec knowledge. Mere intelligence information that
13) – If a person who has been lawfully arrested the suspect committed the crime will not suffice.
escapes or is recued, ANY PERSON may (People v. Doria, G.R. No. 125299)
immediately pursue
• -probable cause must be based upon “personal
• ……or retake him without warrant at any time knowledge” which means an actual belief or
and in any place within the Phils. reasonable grounds of suspicion.

• By the bondsman for the purpose of

surrendering the accused (Rule 114, Sec. 23)
Other valid warrantless search…
• Where the accused attempts to leave the
country without permission of the court (Rule • SEARCH OF MOVING VEHICLES [ justified by
114, Sec 23) ‘ an accused released on bail may practicability, a ship, motorboat, wagon, or
be re-arrested without the necessity of a warrant automobile for contraband goods can be quickly
if he attempts to depart from the Philippines moved out of the locality or jurisdiction in which
without permission of the court where the case the warrant must be sought
is pending.
• CUSTOMS SEARCHES – Under the Tariff and
Customs Code, searches, seizures and arrests
may be made even without warrant, for
In flagrante delicto arrests… purposes of enforcing customs and tariff laws

• An offense is committed in the presence or • SEARCH WITH CONSENT or CONSENTED

within the view of the person making the arrest, SEARCH – Waiver of any objection to the
when he/she sees the offense, although at a unreasonableness or invalidity of a search is a
distance, or hears the disturbances created recognized exception to the rule against a
thereby and proceeds at once to the scene warrantless search. The consent however, must
thereof; or the offense is continuing, or has be expressly given and voluntary.
been consummated, at the time the arrest is
made. [People v. Ernesto Cabrera, G.R. No. • STOP AND FRISK – This is of American origin.
93828, Dec. 11, 1992] The idea is that a police officer may, after
properly introducing himself and making initial
• The grounds of suspicion is reasonable when inquiries, approach and restrain a person
the arresting officers know that the person to be manifesting unusual and suspicious conduct, in
arrested is probably guilty of committing the order to check, the latter’s outer clothing for
offense is based on facts. A reasonable possibly concealed weapons.
suspicion therefore must be founded on
probable cause coupled with good faith on the
part of the peace officers making the arrest.
[Posadas vs. OMB, G.R. 131492, Sept. 29, RULES ON ILLEGALITY OF ARREST
2000]
• Objection to the illegality of arrest must be
raised before arraignment, otherwise it is
deemed waived, as the accused will be deemed
On buy bust operations arrest… to have voluntarily submitted himself to the
jurisdiction of the court.
• In a buy bust operation, the idea to commit a
crime originates from the offender, without • Illegality of arrest may be cured by filing of an
anybody inducing or prodding him to commit the information in court and the subsequent
offense. If carried out WITH due regard to issuance by the judge of a warrant of arrest.
constitutional and legal standards, a buy bust
operation deserves judicial sanction. (Pp v. • Once a person has been duly charged in court,
Agulay, G.R. No. 181747, Sept. 28, 2008) he may no longer question his detention by
petition for habeas corpus; his remedy is to
• Entrapment had been accepted to be a valid quash the information and/or the warrant of
means of arresting violators of the Dangerous arrest.
Drugs Law. The violator is caught in flagrante
delicto and the police officers conducting the
Section 6. TIME OF MAKING ARREST An arrest may • Rodel Luz y Ong versus People, G.R. No.
be made on any day and at any time of the day or 197788, Feb. 29, 2012
night.

• Unlike a search warrant, which may be served

only in daytime, an arrest may be made on any Sec. 9. Method of arrest by private person. –
day and at any time of the day, even on a
Sunday. This is justified by the necessity of • When making an arrest, a private person shall
preserving the public peace. inform the person to be arrested of the intention
to arrest him and the case of the arrest, unless
• In the case of Miguel E. Colorado vs. Judge the latter is either engaged in the commission of
Ricardo M. Agapito, A.M. No. MTJ-06-1658, July an offense, is pursued immediately after its
3, 2007, it was held that it is of no moment that commission, or has escaped, flees, or forcibly
the WA was issued on a Friday because of the resists before the person making the arrest has
above provision. Issuance of WA on a Friday is opportunity to so inform him, or when the giving
not prohibited. of such information will imperil the arrest.

If arrested on a Friday? How?

• Accused could post bail for his temporary liberty • Citizen’s arrest
[SC circular providing for a skeletal force on a
Saturday from 8-1 to act on petitions to bail and The private person making the arrest shall
other urgent matters. And on Saturday inform the person to be arrested of the intention to
afternoon, Sundays and non-working holidays, arrest him and cause of the arrest.
any judge may act on bailable offenses.
Reminders: Irregularities attending the arrest should
Section 7. METHOD OF ARREST of officer by be timely raised in a motion to quash the Information
virtue of warrant. at any time before the arraignment, failing at which
they are deemed to have waived their rights to assail
• – When making an arrest by virtue of a warrant, the same.
the officer shall inform the person to be arrested
of the cause of the arrest and the fact that a An accused is estopped from assailing any
warrant has been issued for his arrest, except irregularity with regard to his arrest if he fails to raise
when he flees or forcibly resists before the this issue or to move for the quashal of the
officer has opportunity to so inform him, or when Information on this ground before arraignment.
the giving of such information will imperil the
arrest. The officer need not have the warrant in ..IN SUMMARY….
his possession at the time of the arrest but after
• Sec. 7 – The officer shall inform the person to
the arrest, if the person arrested so requires, the
be arrested the cause of the arrest and the fact
warrant shall be shown to him as soon as
that the warrant has been issued for his arrest.
practicable.
EXCEPTIONS:
General rule: The officer shall inform the person
- When the person to be arrested flees;
to be arrested of the cause of the arrest and of
the fact that a warrant has been issued for his - When he forcibly resists before the officer has
arrest. an opportunity to inform him; and
• Exception: When the person to be arrested - When the giving of such information will imperil
flees or forcibly resists before the officer has the arrest
opportunity to so inform him, or when the giving
of such information will imperil the arrest. NOTE: THE OFFICER NEED NOT HAVE THE
WARRANT IN HIS POSSESSION AT THE TIME OF
[Diosdado Mallari vs. People and CA, G.R. THE ARREST BUT MUST SHOW THE SAME
110569, Dec. 9. 1996] AFTER THE ARREST, IF THE PERSON
ARRESTED SO REQUIRES.

Sec. 8. Method of arrest by officer without

warrant. • Sec 8. – The officer shall inform the person to
be arrested of his authority and the cause of the
• – When making an arrest without a warrant,
arrest without the warrant. EXCEPTIONS:
the officer shall inform the person to be arrested
of his authority and the cause of the arrest, - When the person to be arrested is engaged in the
unless the latter is either engaged in the commission of an offense or is pursued immediately
commission of an offense, is pursued after its commission;
immediately after its commission, has escaped,
flees, or forcibly resists before the officer has - When he has escaped, flees, or forcibly resists
opportunity to so inform him, or when the giving before the officer has an opportunity to so
of such information will imperil the arrest. inform him; and

Illustration: - When the giving of such information will imperil

the arrest.
 • The private person shall inform the person to be
arrested of the intention to arrest him and the
cause of the arrest. EXCEPTION: Sec. 12. Right to break out from building or
enclosure. –
- When the person to be arrested is engaged in the
commission of an offense or is pursued immediately • Whenever an officer has entered the building
after its commission; or enclosure in accordance with the preceding
section, he may break out therefrom when
- When he has escaped, flees, or forcibly resists necessary to liberate himself.
before the officer has an opportunity to so
inform him; and

- When the giving of such information will imperil Sec. 13. Arrest after escape or rescue. –
the arrest.
• If a person lawfully arrested escapes or is
NOTE: Private person must deliver the arrested rescued, any person may immediately pursue or
person to the nearest police station or jail, otherwise, retake him without a warrant at any time and in
he may be held criminally liable for illegal detention. any place within the Philippines.

Sec. 10. Officer may summon assistance. – Note…

• An officer making a lawful arrest may orally • An escapee (fugitive) can be arrested by any
summon as many persons as he deems person even without a warrant of arrest at any
necessary to assist him in effecting the arrest. time and in any place within the Philippines. But
Every person so summoned by an officer shall if the escapee is seen outside of the Philippines,
assist him in effecting the arrest when he can he should not be arrested.
render such assistance without detriment to
himself.

Note… Sec. 14. Right of attorney or relative to visit person

arrested. –
• An officer making a lawful arrest may orally
summon person/s to assist him in effecting the • Any member of the Philippine Bar shall, at the
arrest. The person summoned shall assist the request of the person arrested or of another
officer in effecting the arrest if he can render acting in his behalf, have the right to visit and
such assistance without detriment to himself. confer privately with such person in the jail or
any other place of custody at any hour of the
• If the person summoned by the officer failed to day or night. Subject to reasonable regulations,
render assistance, he may be liable under a relative of the person arrested can also
Article 275 of the RPC (Abandonment of person exercise the same right.
in danger and abandonment of one’s own
victim. Notes…

Sec. 11. Right of officer to break into building or • The right to counsel of an accused is
enclosure. – guaranteed by our Constitution, our laws and
our Rules of Court. During custodial
• An officer, in order to make an arrest either by investigation, arraignment, trial and even on
virtue of a warrant, or without a warrant as appeal, the accused is given the option to be
provided in section 5, may break into any represented by a counsel of his own choice. But
building or enclosure where the person to be when he neglects or refuses to exercise this
arrested is or is reasonably believed to be, if he option during arraignment and trial, the court
is refused admittance thereto, after announcing shall appoint one for him. While the right to be
his authority and purpose. represented by counsel is absolute, the
accused’s option to hire one of his own choice is
NOTE: ONLY officers are allowed to do so. A private limited. Such option cannot be used to sanction
person making an arrest cannot break in or out of a reprehensible dilatory tactics, to trifle with the
building or enclosure. rules or to prejudice the equally important rights
of the state and the offended party to speedy
Note…. and adequate justice.

• If the person to be arrested attempts to evade REMINDER:

the arrest, Section 11 provides that a peace
officer is allowed, in order to make a lawful • Submitting to the jurisdiction of the court will
warrantless arrest, to break into any building or cure any defect in the arrest. [Vicencio Roallos y
enclosure in which the person to be arrested is Trillanes G.R. No. 198389, Dec. 11, 2013]
or is reasonably believed to be, if he is refused
admittance thereto, after he has announced his • R.A. 7438 defined certain rights of persons
authority and purpose. arrested, detained, or under custodial
investigations, with the penalties for violations
• Generally, a lawful arrest may be made thereof.
anywhere, even on private property or in a
house. This rule is applicable both where the
arrest is under a warrant, and where there is
valid warrantless arrest.
 who initiates its application or causes its
issuance. (Te v. Breva, G.R. No. 164974, Aug.
5, 2015)

• Signed by the judge – it includes justices of

higher courts, such as SB or CTA if warranted
under the circumstances. A s/w must also be
under the seal of the court. An unsigned or
unauthorized signature invalidates the s/w.

• Directed to a peace officer – a peace officer

pertains to any applicant law enforcement officer
or agency. This differentiates from an arrest
SEARCHES AND SEIZURES warrant where it is addressed to “Any Officer of
the Law”. This means a non-officer cannot
RULE 126 implement a s/w or a w/a. But a non-officer can
be summoned to assist in implementing an a/w
When a policeman knocks on your door and wants to or be a witness in enforcing a s/w.
search your house,
• Commanding [the peace officer] to search
will you let him in? for personal property described in the s/w
and bring it before the court – only personal,
If you are standing in a street, can a policeman just search tangible, and movable properties are subject of
through a s/w. It does not include any rela properties like
lands and buildings or anything that cannot be
your belongings? physically brought or moved to the court.
The answer is no, unless he is armed with a search • An application for s/w is a judicial process, NOT
warrant. a criminal action. It is a special criminal process
designed to respond to an incident in a main
case, if one has been instituted, or in
No less than Art. III, Section 2 of the Constitution holds anticipation thereof [Malaloan v. CA, G.R. No.
inviolable our rights to be secure in our persons, houses, 104879] and in the exercise of its auxiliary
papers and effects against unreasonable searches and jurisdiction.[People v. Castillo, G.R. No.
seizures. Thus, subject to certain exceptions, we cannot 204419] A s/w is likened to a writ of discovery
be subjected to search by police authorities in the absence employed by no less than the State to procure
of a search warrant. relevant evidence of a crime. It is therefore, and
instrument or tool, issued under the State’s
police power. This is why it must be issued in
the name of the People of the Philippines.
Search warrants are governed by Art. III, Sec. 2 of the [United Laboratories, Inc. v. Isip, G.R. No.
Constitution which provides: 163858]

• -ex-parte and non-adversarial. Hence, the

Section 2. The right of the people to be secure in their Judge is not bound to strictly apply the rules of
persons, houses, papers, and effects against evidence. Therefore, a s/w is not thereby
unreasonable searches and seizures of whatever nature quashable merely because the Judge
and for any purpose shall be inviolable, and no search propounded leading questions.
warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge • If a searching officer searched a house, domicile
after examination under oath or affirmation of the or dwelling without first securing a s/w, the
complainant and the witnesses he may produce, and officer may be held criminally liable for Violation
particularly describing the place to be searched and the of Domicile (Art. 126 of the RPC)
persons or things to be seized.

Section 2. Court where application for search warrant

shall be filed.—
Section 1. Search warrant defined.—A search warrant is
an order in writing issued in the name of the People of the • An application for search warrant shall be filed
Philippines, signed by a judge and directed to a peace with the following:
officer, commanding him to search for personal property
described therein and bring it before the court. (1) - (a) Any court within whose territorial jurisdiction
a crime was committed.
ACCORDINGLY, a search warrant is:
- (b) For compelling reasons stated in the
• a written order – verbal orders are not allowed. application, any court within the judicial region
It must be in the proper form written in paper where the crime was committed if the place of
the commission of the crime is known, or any
• Issued under the name of the People of the
court within the judicial region where the warrant
Philippines – because the State is an
shall be enforced.
interested party in the prosecution of crimes.
Thus, every s/w is applied for and issued by and
under the authority of the State, regardless of
 However, if the criminal action has already been oath, the complainant and the witnesses he may
filed, the application shall only be made in the court where produce on facts personally known to them and
the criminal action is pending. (n) attach to the record their sworn statements,
together with the affidavits submitted. (4a)

How to examine the applicant for a s/w?

• 1. Personally examine the complainant/applicant

and the witnesses under oath;

• 2. Personal examination must be done in the

form of searching questions and answers;

• 3. Personal examination must be in writing;

• 4. Complainant/applicant and the witnesses

Section 3. Personal property to be seized.— must show to the judge that they have the
personal knowledge of the offense;
• A search warrant may be issued for the search
and seizure of personal property: • 5. Complainant/applicant and witnesses must
present to the judge their sworn statement and
- (a) Subject of the offense; other supporting affidavits. (Century Chinese
Medicine Co. v. People, G.R. No. 188526, Nov.
- (b) Stolen or embezzled and other proceeds, or
11, 2013)
fruits of the offense; or
Personal knowledge of the applicant and the
- (c) Used or intended to be used as the means of
committing an offense. (2a) witnesses are very important to the validity of a s/w.

• And when the law speaks of facts, it means

facts, data, or information personally known to
Section 4. Requisites for issuing search warrant. — the applicant and the witnesses he may present.
Absent the element of personal knowledge by
• A search warrant shall not issue except upon the applicant or his witnesses of the facts upon
probable cause in connection with one specific which the issuance of a s/w may eb justified, the
offense to be determined personally by the warrant is deemed not based on probable cause
judge after examination under oath or and is a nullity, its issuance being, in legal
affirmation of the complainant and the witnesses contemplation, arbitrary. (Columbia Pictures,
he may produce, and particularly describing the Inc. vs. CA, 329 Phil. 875, 918 [1996])
place to be searched and the things to be
seized which may be anywhere in the • There is no hard and fast rule as to how a judge
Philippines. (3a) may conduct his examination. The searching
questions propounded to the applicant and his
witnesses must depend on a large extent upon
the discretion of a judge. However, it is a must
• Probable cause refers to such facts and that the said examination must be probing and
circumstances which would lead a reasonably exhaustive and not merely routinary, general,
discreet and prudent man to believe that an peripheral or perfunctory. (Roan vs. Gonzales,
offense has been committed and that the 145 SCRA 687 [1986]). He must make his own
objects sought in connection with the offense inquiry on the intent and factual and legal
are in the place sought to be searched. justifications for a s/w. (Nolasco vs. Pao, 139
SCRA 152 [1985]).
• “probable cause” is concerned with probability,
not absolute of even moral certainty. The Section 6. Issuance and form of search warrant. —
applicant need not present at this stage prook
beyond reasonable doubt. The standards of • If the judge is satisfied of the existence of facts
judgment are those of a reasonably prudent upon which the application is based or that there
man, not the exacting calibrations of a judge is probable cause to believe that they exist, he
after a full blown trial. shall issue the warrant, which must be
substantially in the form prescribed by these
• No law or rule states that probable cause Rules. (5a)
requires a specific kind of evidence. No formula
or fixed rule is fixed for its determination. It is
determined on a purely case-to-case basis.
Section 7. Right to break door or window to effect
• A core requisite before a warrant shall validly search.—
issue is the existence of a probable cause
• The officer, if refused admittance to the place of
directed search after giving notice of his
purpose and authority, may break open any
Section 5. Examination of complainant; record. — outer or inner door or window of a house or any
part of a house or anything therein to execute
• The judge must, before issuing the warrant, the warrant or liberate himself or any person
personally examine in the form of searching lawfully aiding him when unlawfully detained
questions and answers, in writing and under therein. (6)
 • In executing a s/w, the police officers were should be left to the discretion of the law
obliged to give notice, show their authority and enforcement officers. In holding that 7:30 pm is
demand that they be allowed entry. They may considered reasonable, the High Court said that
only break open any outer or inner door or in addition to the realities of the law enforcers,
window of a house to execute the s/w if, after the prevailing conditions in the place to be
such notice and demand, they are refused entry. searched must also be considered. 7:30 PM in a
This is known as the “knock and announce suburban subdivision in Metro Manila is an hour
principle”. The method of entry of an officer into at which the residents are still up-and-about. To
a dwelling and the presence or absence of such hold said hour as an unreasonable time to serve
notice are important considerations in assessing a warrant would not only hamper law
whether subsequent entry to search and/or enforcement, but could also lead to absurd
arrest is constitutionally reasonable. In the case results, enabling criminals to conceal their illegal
of Gouled v. The United States, it was held that activities by pursuing such activities at night.
a lawful entry is the indispensable predicate of
reasonable search. A search would violate the
Constitution if entry was illegal-accomplished by
force, illegal threat or mere show of force. Section 10. Validity of search warrant.—

Section 8. Search of house, room, or premises to • A search warrant shall be valid for ten (10) days
be made in presence of two witnesses.— from its date. Thereafter, it shall be void. (9a)

• No search of a house, room, or any other

premises shall be made except in the presence
Section 11. Receipt for the property seized.—
of the lawful occupant thereof or any member of
his family or in the absence of the latter, two • The officer seizing property under the warrant
witnesses of sufficient age and discretion must give a detailed receipt for the same to the
residing in the same locality. (7a) lawful occupant of the premises in whose
presence the search and seizure were made, or
• The search of the house must be done in the
in the absence of such occupant, must, in the
presence of the lawful occupants and it is only in
presence of at least two witnesses of sufficient
their absence that the two witnesses of sufficient
age and discretion residing in the same locality,
age and discretion residing in the same locality
leave a receipt in the place in which he found
may be called upon to witness the search.
the seized property. (10a)
• Two-witness rule must be observed. Otherwise,
• The searching officer cannot just confiscate the
the objects seized during the search are
items subject of s/ws and walk away. They need
inadmissible in evidence. (Republic of the Philis
to list down the items confiscated even if
vs. SB, 454 Phil. 504, 550[2003])
specifically described in the s/w. It mat be
possible that the s/w orders the seizing officers
to seize 10 live ammunitions, but they only
Section 9. Time of making search.— found 5. Before leaving, the seizing officer must
make an inventory of the recovered pieces of
• The warrant must direct that it be served in the evidence/ confiscated items, and issue receipt
day time, unless the affidavit asserts that the of the same to the owner of the house or
property is on the person or in the place ordered occupant thereof. This is true even in
to be searched, in which case a direction may warrantless searches.
be inserted that it be served at any time of the
day or night. (8) • If no return was made, the judge should
summon the officer and require him to explain. If
there was return, the judge must ascertain if
👉 nighttime searches are prohibited unless there is court there was a complete and accurate inventory of
authorization to search at night if the property or things to the items seized as well as detailed receipt left
be seized are found only during the night. This is to protect to the occupants in whose presence the search
the public from the abrasiveness of official intrusions. A was made.
nighttime search is a serious violation of privacy. (People
v. CA, G.R. No. 117412, Dec. 8, 2000) Section 12. Delivery of property and inventory thereof
to court; return and proceedings thereon. —
• General rule: S/Ws must be served during
daytime. • (a) The officer must forthwith deliver the
property seized to the judge who issued the
• Exception: a search at any reasonable hour of warrant, together with a true inventory thereof
the day or night, when the application asserts duly verified under oath. (b) Ten (10) days after
that the property is on the person or place issuance .of the search warrant, the issuing
ordered to be searched. The rule allows for the judge shall ascertain if the return has been
exercise of judicial discretion in fixing the time made, and if none, shall summon the person to
within which the warrant must be served subject whom the warrant was issued and require him
to the statutory requirement fixing the maximum to explain why no return was made. If the return
time for the execution of the warrant. has been made, the judge shall ascertain
whether section 11 of this Rule has been
• In the case of People of the Philippines vs. CA, complied with and shall require that the property
G.R. No. 117412, Dec. 8, 2000, it was held that seized be delivered to him. The judge shall see
the exact time of the execution of a warrant to it that subsection (a) hereof has been
 complied with. (c) The return on the search searched, as set out in the warrant, cannot be
warrant shall be filed and kept by the custodian amplified or modified by the officers’ own
of the log book on search warrants who shall personal knowledge of the premises, or the
enter therein the date of the return, the result, evidence they adduced in support of their
and other actions of the judge. A violation of this application for the warrant. The particularization
section shall constitute contempt of court. (11a) of the description of the place to be searched
may properly be done only by the Judge, and
• Non delivery of the seized items to the court only in the warrant itself; it cannot be left to the
violates the mandatory requirements of the law discretion of the police officers conducting the
and defeats the very purpose for which they search.
were enacted.

Section 13. Search incident to lawful arrest.—

What are the instances when a search may be made
• A person lawfully arrested may be searched for without a warrant?
dangerous weapons or anything which may
have been used or constitute proof in the • 1. search incident to a lawful arrest
commission of an offense without a search
warrant. (12a) • 2. stop and frisk

• 3. consented warrantless search

Section 14. Motion to quash a search warrant or to • 4. search of moving vehicles

suppress evidence; where to file.—
• 5. plain view search or the plain view principle
• A motion to quash a search warrant and/or to
suppress evidence obtained thereby may be • 6. checkpoints including airport and seaport
filed in and acted upon only by the court where checkpoints
the action has been instituted. If no criminal
• 7. enforcement of customs laws
action has been instituted, the motion may be
filed in and resolved by the court that issued the • 8. cybercrime warrants
search warrant. However, if such court failed to
resolve the motion and a criminal case is
subsequently filed in another court, the motion
shall be resolved by the latter court. (n) 1. Search incidental to a lawful arrest

• To “quash” means to invalidate, annul, set aside, • When a person is legally arrested for an
or to terminate a court order. Therefore, offense, whatever found upon his/her person or
quashing a search warrant means to invalidate in his/her control which is unlawful and which
and to nullify a valid search warrant. may be used to prove the offense may be
seized and held as evidence. [“The police officer
• Grounds for quashing a s/w: empowered to arrest must be empowered to
disarm.”] To validate a search incidental to a
• - (a) the place searched or the lawful arrest, the lawful arrest must come first
property seized are not those before search, never the other way around.
specified or described in the s/w, and
• Arrest must therefore be valid and lawful.
• - (b) there is no probable cause for
the issuance of the s/w

• (Abuan v. People, 536 Phil. Stop and frisk [instances when allowed]
672, 692)
• An officer who reasonably believes that a
person is armed and dangerous may stop that
person and subject the person to frisk. It is
Is it required that the property to be searched should based on reasonable suspicions [not probable
be owned by the person against whom the search cause]. Justified to protect the public and also to
warrant is directed? protect the police officers from any potential
harm.
• No. In Burgos, Sr. v. Chief of Staff, AFP [133
SCRA 800], the Supreme Court enunciated that
it is sufficient that the property is under the
control or possession of the person sought to be Consented search
searched.
• The constitutional protection against
unreasonable searches and seizures is a
personal right which may be waived. However,
Should the address in the search warrant match the to be valid, consent must be voluntary – clear,
actual place to be searched? unmistakable, specific and intelligently given,
uncontaminated by any duress or coercion. It
• Yes, the address in the search warrant must
can only be proven by clear and convincing
match the actual place to be searched. In
evidence.
People vs. Court of Appeals [ 291 SCRA 400],
the Supreme Court ruled that the place to be • In case of waiver, it must be shown that:
 1. the right exists; of the syndicate to which the accused belong- that said
accused were bringing prohibited drugs into the country.
2. that the person involved had knowledge, (Macad v. People, G.R. No. 227366, Aug. 1, 2018)
either actual or
constructive of the existence of such right, and

3. the said person had an actual intention to Plain view Search or the Plain View Principle
relinquish right. (Caballes v. CA, G.R. No.
136292, Jan. 15, 2002) • “To be in plain view, an item must be plainly
visible to a law enforcement officer standing in a
position where he has a lawful right to be.”

Search of moving vehicles • Plain view simply means – something that can
be seen by the naked eye. It is not plain view
• may either be a mere routine inspection or an when the evidence can only be seen with the
extensive search use of sense-enhancing devices like thermal
imaging scanners.
• Instances of search as routine inspection:

(1) where the officer merely draws aside the

curtain of a vacant vehicle parked on the public Requirements for warrantless search based on plain
fair grounds; view (De Villa v. People, G.R. No. 224039, Sept. 11,
2019)
(2) officer simply looks into a vehicle;
• 1. The law enforcement officer in search of the
(3) officer flashes a light therein without opening evidence has a prior justification for an intrusion
the car’s doors; or is in a position from which he/she can view a
particular area.
(4)occupants therein are not subjected to a
physical or body search; • 2. The discovery of evidence in plain view is
inadvertent.
(5) inspection of the vehicle is limited to visual
• 3. It is immediately apparent to the officer that
search/inspection; the item he observes may be evidence of a
crime, a contraband, or otherwise subject to
(6) the routine check is conducted in a fixed seizure. The law enforcement officer must
area. lawfully make an initial intrusion or properly be
in a position from which he can particularly view
• extensive search of a moving vehicle is only
the area.
permissible when there is probable cause.
• 4. In the course of such lawful intrusion, the
• In the following cases, SC held that there is
searching police officer inadvertently came
probable cause to conduct w/o a judicial warrant
across an incriminating piece of evidence. The
an extensive search of moving vehicles:
object must be open to eye and hand and its
(1) there had emanated from a package the discovery inadvertent.
distinctive smell of marijuana;
• *The police is allowed to seize without
(2) PNP officers had received a confidential warrant illegally possessed firearm or any
report from informers that a sizeable volume of marijuana contraband inadvertently found in plain view.
would be transported along the route where the search However, “the seizure of evidence in plain view
was conducted; applies only where the police officer is not
searching for evidence against the accused, but
(3) police officers received information that a inadvertently came across an incriminating
Caucasian coming from Sagada, Mountain Province, had object.
in his possession prohibited drugs and when the
NARCOM agents confronted the accused Caucasian,
because of a conspicuous budge in his waistline, he failed Checkpoints including airport and seaport
to present his passport and other identification documents; checkpoints.
(4) police officers had received confidential • Warrantless searches in airports and seaports
information that a woman having the same physical are a form of a border security search. This is to
appearance as that of the accused would be transporting prevent hijacking or skyjacking or airports and
marijuana; piracy to vessels.
(5) the accused who were riding a • --history - hijacking, skyjacking, piracy of
jeepney were stopped and search by policemen who had vessels [ airplanes and vessels involve the
earlier received confidential reports that said accused national security of a State]
would transport a large quantity of marijuana; and
• Airport searches are in the nature of
(6) where the moving vehicle was stopped and administrative searches as distinguished from
search on the basis of intelligence information and criminal searches. Hence, they are part of the
clandestine reports by a deep penetration agent or spy- general regulatory scheme toward an
one who has participated in the drug smuggling activities administrative purpose and that is – to prevent
 the carrying of weapons or explosives aboard Cybercrime warrants
aircraft, and prevent hijackings.
• Cybersecurity is a must for all individuals,
organizations, businesses and governmental
agencies in today’s connected worlds.
So, when are checkpoints allowed?
• Issued to prevent or stop cybercrimes that cost
• In the case of Valmonte vs. De Villa, the trillion dollar damages.
Supreme Court had the occasion to rule that
checkpoints are not illegal per se. Thus, under • There are 4 types of cybercrime warrants one of
exceptional circumstances, as where the which is the Warrant to search, Seize, and
survival of organized government is on the Examine Computer Data. This authorizes law
balance, or where the lives and safety of the enforcers to initially make a forensic image of
people are in grave peril, checkpoints may be the computer on-site, as well as limit their
allowed and installed by the government. search to the place specified in the warrant.
Routine inspection and a few questions do not OTHERWISE, on off-site search, where the law
constitute unreasonable searches. If the enforcer searches the computer outside the
inspection becomes more thorough to the extent place to be searched, may be conducted.
of becoming a search, this can be done when
there is deemed to be probable cause. In the RIGHTS OF THE ACCUSED
latter situation, it is justifiable as a warrantless
search of a moving vehicle. Rule 115

• For as long as the vehicle is neither searched Section 1. Rights of Accused at the Trial
nor its occupants subjected to a body search,
a. To be presumed innocent until the contrary is
and the inspection of the vehicle is limited to a
proved beyond reasonable doubt.
visual search, said routine checks cannot be
regarded as violative of an individual’s right b. To be informed of the nature and cause of the
against unreasonable search. [Valmonte v. accusation against him.
General de Villa, G.R. No. 83988, 24 May 1990]
c. To be present and defend in person and by
counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.
The accused may, however, waive his presence
If the security guard in a mall wants to open my bag at the trial pursuant to the stipulations set forth
and check the inside thereof, isn’t there a violation of in his bail, unless his presence is specifically
my right against unreasonable search? ordered by the court for purposes of
identification. The absence of the accused
• No, there is no violation of your right. Private without justifiable cause at the trial of which he
search is not covered by the constitutional had notice shall be considered a waiver of his
guarantee. In the case of People vs. Marti [193 right to be present thereat. When an accused
SCRA 57], the Supreme Court ratiocinated that under custody escapes, he shall be deemed to
in the absence of governmental interference, the have waived his right to be present on all
constitutional right against unreasonable search subsequent trial dates until custody over him is
and seizure cannot invoked against the State. regained. Upon motion, the accused may be
The protection against unreasonable search and allowed to defend himself in person when it
seizure cannot be extended to acts committed sufficiently appears to the court that he can
by private individuals so as to bring it within the properly protect his rights without the assistance
ambit of alleged unlawful intrusion by the of counsel.
government.
d. To testify as witness in his own behalf but
subject to cross examination on matters covered
by direct examination. His silence shall not in
Enforcement of customs laws any manner prejudice him.
• Warrantless searches and seizures in the e. To be exempt from being compelled to be a
enforcement of customs and immigration laws witness against himself.
are based on a country’s sovereign interest in
protecting its territorial integrity. Because of this, f. To confront and cross-examine the witnesses
a customs official may have the authority to against him at the trial. Either party may utilize
conduct routine searches and seizures at its as part of its evidence the testimony of a
border without probable cause (or based on witness who is deceased, out of or cannot with
reasonable suspicions) and without warrant. due diligence be found in the Philippines,
unavailable, or otherwise unable to testify, given
• Purpose – to regulate the collection of customs
in another case or proceeding, judicial or
duties (or to ensure that customs taxes are paid)
administrative, involving the same parties and
and to prevent the introduction of contraband
subject matter, the adverse party having the
into the country. For immigration purposes,
opportunity to cross-examine him.
immigration officials have the right to determine
whether a person should be legally admitted to g. To have compulsory process issued to secure
the country to ensure proper legal process and the attendance of witnesses and production of
immigration status. other evidence in his behalf.
 h. To have speedy, impartial and public trial. of the evidence of the prosecution and not the
weakness of the defense
i. To appeal in all cases allowed and in the
manner prescribed by law. REASONABLE DOUBT

• That doubt engendered by an investigation of

the whole proof and an inability, after such
investigation to let the mind rest easy upon the
certainty of guilt.
DUE PROCESS
• Absolute certainty of guilt is not demanded by
WHAT IS DUE PROCESS? the law to convict of any criminal charge but
moral certainty is required and this certainty is
> The idea that laws and legal proceedings must required as to every proposition of proof
be fair requisite to constitute the offense. [People v.
> Principle that the government must respect all Dramayo…]
of a person's legal rights instead of just some or
most of those legal rights when the government
deprives a person of life, liberty, or property
WHAT IS THE RATIONALE FOR THE PRESUMPTION
OF INNOCENCE?

WHAT ARE THE TWO BRANCHES OF DUE PROCESS? > There ought to be a balance between the
machineries of the State and the accused.
> Due process covers two aspects—substantive
and procedural due process • It is based on the principle of justice. The
> Substantive due process refers to the intrinsic conviction must be based on moral certainty for
validity of the law it is better to acquit a guilty person than to
>Procedural due process, which is based convict an innocent man. [People v. Dramayo,
on the principle that a renders judgment G.R. No. L-23444, October 29, 1971]
only after trial and based on the evidence
presented therein WHAT ARE THE EXCEPTIONS TO THE
CONSTITUTIONAL PRESUMPTION OF INNOCENCE?
> The important thing is that there was an
opportunity to be heard 1. If there is a
>Notice and hearing are the two minimum REASONABLE CONNECTION between the
requirements of due process fact presumed and the fact ultimately
proven from such fact. For example, an
• IN GENERAL, WHAT ARE THE accountable public officer who fails to
REQUIREMENTS OF PROCEDURAL DUE account for
PROCESS? funds or property that should be in his custody is
presumed to be guilty of malversation of
The requirements of procedural due process are public funds; or that persons in possession
as follows: of recently stolen goods are presumed
1. There must be an IMPARTIAL AND guilty of the
COMPETENT COURT with judicial power offense in connection with the goods
to hear and determine the matter before it
2. Jurisdiction MUST HAVE BEEN LAWFULLY 2. In cases of SELF-DEFENSE, the person
ACQUIRED over the person of the defendant who invokes the self-defense is presumed
or over the property subject of the guilty. The burden of proving the elements of
proceeding self-defense is incumbent upon the accused.
3. The defendant must be given an
OPPORTUNITY TO BE HEARD WHAT IS A REVERSE TRIAL?

4. Judgment must be RENDERED UPON > Usually in most cases, the prosecution first
LAWFUL HEARING presents its evidence to establish the guilt of
the accused, and the defense follows
WHAT IS THE MEANING OF THE RIGHT OF thereafter
PRESUMPTION OF INNOCENCE?
> But this is reversed when the accused admits
>The right means that the presumption the killing but claims self-defense
must be overcome by evidence of guilt
beyond reasonable doubt > A reverse trial happens

This is a non-waivable right. >The accused must first establish

the elements of self-defense in order to
1. Guilt beyond reasonable doubt means overturn the presumption that he was guilt of the
that there is moral certainty as to the guilt of offense
the accused
WHAT IS THE PURPOSE OF HAVING TO BE
2. Accusation is not synonymous to guilt— INFORMED OF THE NATURE AND CAUSE OF THE
conviction should then be based on the strength ACCUSATION?
> To know if he is truly the guilty party This danger doesn't
> To know the charge against him really exist during trial since the latter is done in
public.
This right to be informed of the nature and cause of the
accusation requires that the information should state the • The right to counsel is absolute and may be
facts and the circumstances constituting the crime invoked at all times even on appeal. Without the
charged in such a way that a person of common aid of counsel, an accused may be convicted
understanding may easily comprehend and be informed of not because he is guilty but because he does
what it is about. not know how to establish his innocence.

• An accused cannot be convicted of an offense • The said right covers the period beginning from
unless said offense is clearly charged in the custodial investigation, well into the rendition of
complaint or information. To convict him of an the judgment and even on appeal.
offense other than that charged in the complaint
or information would be a violation of this • While the right to counsel is absolute, the right
constitutional right [to be informed of the nature to counsel de parte is not. [People v. Serzo Jr.,
and cause of the accusation against him]. G.R. No. 118435, June 20, 1997.]
[People v. Ortega, G.R. No. 116736, July 24,
1997] CUSTODIAL INVESTIGATION

• An accused cannot be convicted of an offense • It is the questioning by law enforcement officers

unless said offense is clearly charged in the of a suspect taken into custody or otherwise
complaint or information. To convict him of deprived of his freedom of action in a significant
an offense other than that charged in the way. It includes the practice of issuing an
complaint or information would be a violation of “invitation” to a person who is investigated in
this constitutional right [to be informed of the connection with an offense he is suspected to
nature and cause of the accusation against have committed. [R.A. 7348]
him]. [People v. Ortega, G.R. No. 116736, July
• Confessions during custodial investigation,
24, 1997]
made without the assistance of counsel are not
• The qualifying or aggravating circumstances admissible as evidence to incriminate the
must be alleged in the information and proved in accused but they may be used to impeach the
order to be considered by the court. credibility of the accused, or they may be
treated as verbal admission of the accused
• The description, not the designation of the through the testimony of the person who heard it
offense is controlling. In case of error in the or who conducted the investigation of the
designation, accused may be validly convicted accused. [People v. Molas, G.R. Nos. 97437-39,
of the offense described. February 5, 1993]

• The qualifying or aggravating circumstances WHY IS THE RIGHT TO COUNSEL AFFORDED

must be alleged in the information and proved in DURING TRIAL?
order to be considered by the court.
• >The right to counsel afforded during trial
• The description, not the designation of the because this right is embraced in one’s right to
offense is controlling. In case of error in the be heard.
designation, accused may be validly convicted
of the offense described. • >While, the right to counsel can be
invoked at any stage of the proceedings
IS THERE A DIFFERENCE BETWEEN THE RIGHT even on appeal, it can also be waived.
TO
COUNSEL DURING THE CUSTODIAL INVESTIGATION • The waiver must be voluntary, knowing, and
AND THE RIGHT TO COUNSEL DURING TRIAL? intelligent and must be made in the presence of
the accused’s lawyer.
>Yes. During the trial, the right to counsel
means the right to effective counsel and the • > The accused is deemed to have waived his
purpose of the counsel is not so much to protect right to counsel when he voluntarily submits
the accused from being forced to confess, himself to the jurisdiction of the Court and and
but rather, to defend the accused. proceeds with his defense

>On the other hand, a custodial • > But in two cases, the Court held that the
investigation has stricter requirements. A defendant cannot raise for the first time on
custodial investigation requires the presence of appeal his right to have an attorney. If the
a competent and independent counsel, who question is not raised in the trial court, the
is preferably the accused’s own choice. prosecution may go to
Furthermore, the right to counsel could only trial. The question will not be considered in the
be waived in writing and in the presence of appellate court for the first time when the
counsel. accused fails to raise it in the lower court.

> A custodial investigation take note is not done IS IT THE DUTY OF THE COURT TO APPOINT
in public, hence the danger that confessions COUNSEL DE OFFICIO MANDATORY AT ALL TIMES?
will be extracted against the will of the
> No, the duty to appoint counsel de officio is
defendant during the custodial investigation.
mandatory only up to the time of arraignment
DOES THE MISTAKE OF COUNSEL BIND THE examination; examination of a rapist and the
CLIENT? victim for gonorrhea; examination for pregnancy
of a woman charged with adultery; examination
> As a rule, the mistake of counsel binds the using ultraviolet light to determine presence of
client fluorescent powder dusted on marked money
used in buy-bust, etc.
>Therefore, the client cannot question a
decision on the ground that his counsel was • This right against self-incrimination does not
an idiot. include cases covered by immunity statutes
such as R.A. 1379 [Forfeiture of Illegally
> However, an exception to this if counsel Obtained Wealth], and R.A. 749 [Bribery and
misrepresents himself as a lawyer, and he turns Graft Cases].
out to be a fake lawyer. In this case, the
accused is entitled to new trial because his right • The time to invoke this right is after asking the
to be represented by a member of the bar was question and before answering it.
violated. He was thus denied of his right to
counsel and due process. • The ordinary witness may be compelled to take
the witness stand and claim the privilege as
IS THE RIGHT TO COUNSEL ABSOLUTE? each question requiring an incriminating answer
is asked at him, BUT, an accused may
>No. The right of choice of counsel must be altogether refuse to even take the witness stand
exercised in reasonable manner within and refuse to answer any and all questions that
reasonable time. will incriminate him.
>The accused cannot insist on counsel that • If the accused testified in his own behalf, then
he cannot afford; one who is not a member of he may be cross-examined as any other
the bar; or one who declines for a valid reason. witness. This is considered a waiver of his right
> Also the right of the accused to choose against self-incrimination. He may not, on cross-
counsel is subject to the right of the state to examination, refuse to answer any question on
due process and adequate justice. the ground that the answer that he will give, or
the evidence he will produce would have the
WHEN CAN THE ACCUSED DEFEND HIMSELF IN
tendency to incriminate him for the crime with
PERSON?
which he is charged. BUT, he may refuse to
>The accused can defend himself in person answer any question incriminating for an offense
only if the court is convinced that he can distinct from that for which he is charged.
properly protect his rights even without the
SUPPOSE THAT THERE IS A HOLE IN A DOOR
assistance of counsel.
TO WHICH IF IT IS FOUND OUT THAT THE HAND OF
WHAT IS THE SCOPE OF THE RIGHT AGAINST SELF- THE ACCUSED FITS THE HOLE, HE IS MOST
INCRIMINATION? [par. d] PROBABLE GUILTY OF THE ACCUSATION. CAN HE
INVOKE THE RIGHT AGAINST SELF-INCRIMINATION?
• Incriminating question means question which
may subject an accused to penal liability. >No, what is being asked of him is
mechanical in nature. The inserting of his
> The right against self-incrimination covers hand into the hole will not involve intelligence on
testimonial compulsion only and the his part to fulfill the task.
compulsion to produce real or physical
evidence using the body of the accused IS THERE AN EXCEPTION TO THE RIGHT AGAINST
SELF-INCRIMINATION?
> Physical or moral compulsion to extort
communication >The right cannot be invoked when the
State has the rights to inspect documents
WITH WHAT KIND OF TESTIMONY OR INSTANCES under its police power, such as documents of
CAN THE RIGHT BE INVOKED? corporations.

> It applies to commutative testimony and not ON WHAT KIND OF PROCEEDINGS CAN THE RIGHT
mechanical testimony AGAINST SELF-INCRIMINATION BE INVOKED?

>Commutative testimony involves the use of > The right against self-incrimination can be
intelligence on the part of the accused or invoked in all proceedings instituted by the
witness. Corollary, in cases on self- government
incrimination, the following are permissible—
substance from the body, morphine from WHAT IS THE RATIONALE FOR PROTECTING THE
mouth, put on pants, physical exam, wallet, RIGHT AGAINST SELF-INCRIMINATION?
picture taking, etc. The following on the
1. FOR HUMANITARIAN REASONS—to
other hand are not permissible—handwriting,
prevent the State with all its coercive
signature, and similar incidents which involve
powers from extracting testimony that may
the use of intelligence.
convict the accused
• In other words, this right does not cover 2. FOR PRACTICAL REASONS—the
examination of the accused’s body as evidence, accused is likely to commit perjury if he were
when it may be material such as: physical compelled to testify against himself.
SUPPOSE THAT X WAS A WITNESS IN A > Again, it depends. If he could still be charged
JUDICIAL PROCEEDING. THE COUNSEL ASKED for rendering false testimony, then he could
HIM ABOUT HIS WHEREABOUTS DURING A invoke the right. If he cannot anymore be
CERTAIN DATE. X WAS ACTUALLY TOGETHER WITH charged for past criminality, then it could not
A WOMAN IN A MOTEL DURING THAT DATE. invoke the right.
REVEALING HIS WHEREABOUTS WOULD RESULT
TO A DOMESTIC TURBULENCE. CAN X RIGHTFULLY X ACCUSED WAS ASKED TO BE A HOSTILE
INVOKE HIS RIGHT AGAINST SELF-INCRIMINATION? WITNESS. HE REFUSED TO DO SO. CAN THIS BE
TAKEN AGAINST X?

> No, X cannot be prejudiced whatsoever as a

> X cannot invoke the right. He can only invoke result of his refusal to be a hostile witness.
the right if there is only a possibility of To prejudice X as a result of his refusal
criminal prosecution but not in cases of would render his right against self-
possible embarrassment. incrimination useless and nugatory.

WHO MAY INVOKE THE RIGHT AGAINST SELF- RIGHTS OF THE ACCUSED IN THE MATTER OF
INCRIMINATION AND WHEN CAN SUCH PERSON TESTIFYING OR PRODUCING EVIDENCE?
INVOKE THE RIGHT?
• > Before the case is filed in court but after he
> An ordinary witness may invoke the right but has been taken into custody or otherwise
he may only do so as each incriminating deprived of his liberty, the accused has the
question is asked following rights—

>But once the accused waives his right 1. The right to be informed of the nature
and chooses to testify on his own behalf, he and cause of the accusation against him
may be cross-examined on matters covered in
his direct examination. He cannot refuse to 2. The right to remain silent and to counsel
answer questions during cross-examination by
claiming that the answer that he will give could 3. The right not to be subjected to any
incriminate him for the crime he is being force,violence, threat, intimidation, or any other
charged. means which vitiate free will

• >However, if the question during cross- 4. The right have evidence obtained in
examination relates to a crime different from violation of these rights rejected
that which he was charged, he can still invoke
> After the case is filed in court, the
the right and refuse to answer.
accused has the
CAN AN ACCUSED OR WITNESS INVOKE THE RIGHT
following rights—
AGAINST SELF-INCRIMINATION IF HE IS ASKED
ABOUT PAST CRIMINALITY? 1. The right to refuse to be a witness
> It depends 2. The right not to have any prejudice
whatsoever result to him by such refusal
> If he can still be prosecuted for it, questions
about the past criminal liability are still covered 3. The right to testify in his own behalf
by the protection against self-incrimination subject to cross-examination by the
prosecution
> But if he cannot anymore be prosecuted for it
anymore, he cannot invoke the right USE IMMUNITY AND TRANSACTIONAL IMMUNITY
SUPPOSE X WAS A WITNESS ASKED ABOUT BEING • USE IMMUNITY
CHARGED WITH PERJURY TWO YEARS AGO. HE
INVOKES HIS RIGHT AGAINST SELF- • Prohibits the use of the witness’ compelled
INCRIMINATION. CAN THIS BE TAKEN AGAINST testimony and its fruits in any manner in
HIM? connection with the criminal prosecution of the
witness
• > It depends. If in the prior charge of perjury
against him, the case has already been The witness can still be prosecuted but his
terminated through his acquittal, conviction, or compelled testimony may not be used against
dismissal of the complaint, he couldn't invoke him
the right anymore.
But if it is the case that he could still be TRANSACTIONAL IMMUNITY
charged with this past criminality, then he
could invoke said right. • Immunity to the witness from prosecution
for an offense to which his compelled testimony
SUPPOSE X WAS A WITNESS ASKED ABOUT relates
BEING A PAIDWITNESS IN THE PAST. X
REFUSED TO ANSWER INVOKING THE RIGHT • The witness cannot be prosecuted at all
AGAINST SELF-INCRIMINATION. CAN THIS BE
TAKEN AGAINST X? WHAT IS THE EFFECT OF THE REFUSAL OF THE
ACCUSED TO TESTIFY ON HIS BEHALF?
 > GENERAL RULE—the silence of the WHAT IS THE RIGHT TO COMPULSORY PROCESS?
accused should not prejudice him
>It is the right of the accused to have a
> EXCEPTIONS—the following cases subpoena and/or a subpoena duces tecum
draw an unfavorable inference from the issued in his behalf in order to compel the
failure of the accused to testify: attendance of witnesses and the production of
evidence
• If the prosecution has already
established a prima facie,case, the accused WHAT HAPPENS IF A WITNESS REFUSES TO
must present proof to overturn the TESTIFY WHEN REQUIRED?
evidence of the prosecution
> The court should order the witness to give bail
• If the defense of the accused is an alibi or even order his arrest, if necessary
and he doesn't testify, the inference is that the > Failure to obey a subpoena amounts to
alibi is not believable contempt of court

IS DNA TESTING COVERED BY THE RIGHT AGAINST COMPULSORY PROCESSES WHICH MAY COMPEL
SELF- INCRIMINATION? THE ATTENDANCE OF A PERSON IN COURT:

> No, obtaining DNA samples from an 1. Subpoena (Rule 21);

accused in a criminal case or from the
respondent in a paternity case will not violate 2. Subpoena duces tecum (Rule 21);
the right against self-incrimination
3. Warrant of arrest;
WHAT IS THE MEANING OF THE RIGHT OF
CONFRONTATION? 4. Contempt;

> It means that the accused can only be tried 5. Perpetuation of testimony; and
using those witnesses that meet him face to
6. Modes of discovery
face at the trial who give testimony in his
presence, and who may be subject to cross- MAY A WITNESS BE EXCUSED FROM APPEARING AT
examination TRIAL FOR THE REASON THAT HIS RESIDENCE
EXCEEDS 50 KILOMETERS FROM THE PLACE OF
TRIAL?
WHAT ARE THE REASONS FOR THE RIGHT?
> The provision in the Rules of Court providing
> The right to confrontation is afforded the accused
for this exemption or excusing a witness from
to allow the court to observe the demeanor of the witness
appearance before a Court, judge or officer if
while testifying and to give the accused the opportunity to
the province in which he resides is more than
cross-examine the witness in order to test their
50kms away to the place of trial by the usual
recollection and credibility
course of travel applies only to CIVIL CASES
CAN THE RIGHT OF CONFRONTATION BE WAIVED? and not to criminal cases

> Yes, it can be waived either expressly or RIGHT TO SPEEDY, PUBLIC AND IMPARTIAL TRIAL
impliedly
• HOW SHOULD THE TRIAL BE
> It is waived impliedly when an accused
CONDUCTED?
waives his right to be present at trial
> It is waived also by conduct amounting to a > The trial should be speedy, public and
renunciation of the right to cross-examine impartial
> When the party was given an opportunity
to confront and cross-examine an opposing
witness but failed to take advantage of it for • WHAT IS THE MEANING OF THE RIGHT TO
reasons attributable to the party alone, he SPEEDY TRIAL?
is deemed to have waived his right
• >The right means that the trial should be
WHAT HAPPENS TO THE TESTIMONY OF A WITNESS conducted according to the law of criminal
WHO DIES OR BECOMES UNAVAILABLE? procedure and the rules and regulations and it
should be free from vexatious, capricious and
> If the other party had the opportunity to oppressive delays. This is waivable.
cross-examine the witness before he died or
became unavailable, the testimony may be used • WHEN SHOULD THE ARRAIGNMENT AND
as evidence PRE-TRIAL BE HELD?
> However, if the other party did not have the
opportunity to cross examine before the > According to the Speedy Trial Act of 1988,
subsequent death or unavailability of and Circular 38-98, if the accused pleads not
the witness, the testimony will have no probative guilty, arraignment and pre-trial should be held
value. within 30 days from the time the court acquires
jurisdiction
• What suffices to be able to use the over the accused
testimony of a witness as evidence is the
opportunity to cross-examine and there need • WITHIN HOW MANY DAYS SHOULD THE
not be an actual cross-examination TRIAL BE COMPLETED?
 > In no case shall the entire period exceed 180 > The trial should be public in order to prevent
days from the first day of trial . abuses that may be committed by the court to
the prejudice of the defendant
EXCEPTIONS: >Moreover the accused is entitled to the
moral support of his friends and relatives
1. Those governed by the Rule on Summary
Procedure; or IS THERE AN EXCEPTION TO THE REQUIREMENT OF
PUBLICITY?
2. Where the penalty prescribed by law does not
exceed six (6) month imprisonment or a fine of > Yes, the court may bar the public in certain
Php1000 or both; cases, such as when the evidence to be
presented may be offensive to
3. Those authorized by the Supreme Court. decency or public morals, or in rape cases,
where the purpose of some persons in
WHAT FACTORS MAY BE CONSIDERED IN
attending is merely to ogle at the parties
DETERMINING WHETHER THE ACCUSED HAS
BEEN DEPRIVED OF HIS RIGHT TO SPEEDY IS IT ALRIGHT TO HOLD THE TRIAL IN THE
TRIAL AND SPEEDY DISPOSITION OF HIS CASE? CHAMBERS OF THE JUDGE?
(ACCORDING TO CORPUZ V. SANDIGANBAYAN)
>Yes, there is no violation of the right to a
1. Length of delay public trial since the public isn’t excluded from
2. Reason for the delay attending the trial
3. The accused’s assertion of his right
4. Prejudice to the accused IN SOCALLED TRIALS BY PUBLICITY, WHEN CAN
THE PUBLICITY BE CONSIDERED PREJUDICIAL TO
WHAT ARE THE REMEDIES AVAILABLE TO THE THE ACCUSED?
ACCUSED WHOSE RIGHT TO SPEEDY TRIAL HAS
BEEN VIOLATED? >To warrant a finding of prejudicial publicity,
there must be,allegations and proof that
1. Motion to dismiss on the ground of the judges have been unduly influenced,
violation of right to speedy trial—must be not simply that they might be by the barrage
filed before trial. This has the same effect of
as an acquittal for purposes of double publicity
jeopardy.
2. File for mandamus to compel a dismissal of …impartial trial
the information
3. If he is restrained of his liberty, file for • Due process of law requires a hearing before an
habeas corpus impartial and disinterested tribunal, and that
4. Ask for the trial of the case and move to every litigant is entitled to nothing less than the
dismiss cold neutrality of an impartial judge (Mateo, Jr. v.
Villaluz, G.R. Nos. L-34756-59, March 31, 1973)
WHAT IS THE LIMITATION ON THE RIGHT OF
THE ACCUSED TO A SPEEDY TRIAL? • To disqualify a judge on the ground of bias and
prejudice , the movant must prove such bias by
> The limitation is that the State shouldn't be clear and convincing evidence.
deprived of its day in court
> The right of the State and the prosecution to Right to appeal…
due process should be respected
• The right to appeal a judgment of conviction is
THE PROSECUTION AND THE COMPLAINANT fundamentally of statutory origin. It is not a
FAIL TO ATTEND THE,FIRST HEARING. THE natural right. It is personal to the accused and
COURT POSTPONES THE HEARING TO ANOTHER may be waived either expressly or by
DATE. IS THERE A VIOLATION TO THE RIGHT TO implication. However, where the death penalty is
SPEEDY TRIAL? imposed, such right cannot be waived as a
review of the judgment is mandatory.
> No, the right to speedy trial is violated when
there are unjustified postponements of the trial POINTS TO PONDER
and a long period of time is allowed to elapse
without the case being tried for no unjustifiable • The rights of the accused are inviolable rights.
reason
• Most of the rights of the accused are based
NOTA BENE: Corollary to the right to speedy under Section 14 of Article III of the 1987
trial is the right to speedy disposition of cases. Constitution.

WHAT IS THE MEANING OF THE RIGHT TO A PUBLIC • The rights of the accused are consistent with the
TRIAL? principle of due process.

>It means that anyone interested in • The right to be present means the accused has
observing the manner that a judge conducts the right to attend court proceedings. If the
the proceedings in his courtroom may do so accused was previously convicted and is
serving sentence in a penitentiary, the right to
be present may still be had by conducting
WHY SHOULD A TRIAL BE CONDUCTED IN PUBLIC? hearings in the penitentiary.
 • The right to appeal is statutory and not a (10) days from the date of the raffle. The pre-trial
constitutional right. conference of his case shall be held within ten (10)
days after arraignment.
• Congress can pass laws on speedy trial such as
RA No. 8493. (f) The private offended party shall be required to
appear at the arraignment for purposes of plea
• The purpose of the Revised Guidelines on bargaining, determination of civil liability, and other
Continuous Trial in Criminal Cases promulgated matters requiring his presence. In case of failure of
by the Supreme Court is to promote speedy trial the offended party to appear despite notice, the court
in criminal cases. may allow the accused to enter a plea of guilty to a
lesser offense which is necessarily included in the
RIGHT TO APPEAL, WHEN ALLOWED offense charged with the conformity of the trial
prosecutor alone.
• IS THE RIGHT TO APPEAL A FUNDAMENTAL
RIGHT? (g) Unless a shorter period is provided by special law
or Supreme Court circular, the arraignment shall be
> No, the right to appeal is a statutory right,
held within thirty (30) days from the date the court
except in the case of the minimum appellate
acquires jurisdiction over the person of the accused.
jurisdiction of the SC granted by the
The time of the pendency of a motion to quash or for
Constitution. Anyone who seeks to
a. bill of particulars or other causes justifying
exercise the right to appeal must comply
suspension of the arraignment shall be excluded in
with the requirements of the
computing the period.
rules. Otherwise the right to appeal is lost.
Nature and concept of arraignment
CAN THE RIGHT TO APPEAL BE WAIVED?
Arraignment is the formal mode of implementing the
> Yes it can be waived expressly or impliedly
constitutional right of the accused to be informed of the
WHAT IS THE EFFECT OF THE FLIGHT OF nature and cause of the accusation against him in a
THE ACCUSED ON HIS RIGHT TO APPEAL? language known and understood by him.

> When the accused flees after the case has Purposes of arraignment
been submitted to the court for decision, he will
To notify the accused of the reason for his indictment [ why
be deemed to have waived his right to appeal
he is being prosecuted]; the specific charges he is ound to
from the judgment rendered against him.
face, and the corresponding penalty that could possibly be
meted against him – which could possibly result to his loss
of freedom even of his life.
ARRAIGNMENT AND PLEA
Arraignment not only satisfies the due process clause of
RULE 116 the Constitution, but also affords the accused an
opportunity to know the exact charge against him.
Section 1. arraignment and plea; how made Through arraignment, the accused is placed in a position
to enter his/her plea with full knowledge of the
(a) The accused must be arraigned before the court consequences.
where the court where the complaint or information
was filed or assigned for trial. The arraignment shall Where and How is arraignment conducted.
be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or 1. In open court where the complaint/information is
information, reading the same in a language or dialect filed/raffled; however, in Rape/Child Abuse and similar
known to him, and asking him whether he pleads cases, there can be closed door trial.
guilty or not guilty. The prosecution may call at the
trial witnesses other than those named in the 2. By the judge or clerk of court.
complaint or information.
3. By furnishing the accused with a copy of the complaint
(b) The accused must be present at the arraignment or information.
and must personally enter his plea. Both arraignment
4. Reading the information in a language/dialect knoan
and plea shall be made of record, but failure to do so
and understood by the accused
shall not affect the validity of the proceedings.
5. Asking the accused whether he pleads guilty or not
(c) When the accused refuses to plead or makes a
guilty; and
conditional plea, a plea of not guilty shall be entered
for him. 6. Both arraignment and plea shall be made of record
[Certificate of Arraignment], but failure to enter the plea in
(d) When the accused pleads guilty but presents
the records shall not affect the validity of the proceedings.
exculpatory evidence, his plea shall be deemed
withdrawn and a plea of not guilty shall be entered for Setting of the date of arraignment
him.
General rule: w/n 30 days if not detained from the
(e) When the accused is under preventive suspension, moment the case is filed/raffled in court.
his case shall be raffled and its records transmitted to
the judge to whom the case was raffled within three Shorter period:
(3) days from the filing of the information or
complaint. The accused shall be arraigned within ten
- w/n 10 days if accused is detained ([Speedy Trial Act- 4. when accused enters a conditional plea of guilty
R.A. 8493] [People v. Sabilul –murder-reclusion temporal-destierro
(Art. 247)]
-R.A. 4908, when the complainant is about to depart from
the Phils with no definite date of return 5. when the plea is indefinite or ambiguous [P v. Strong,
guilty, other allegations/attendant circumstances - no]
-cases under R.A. 7610[Child Abuse Law] where trial is
mandated to be commenced 3 days from arraignment An unconditional plea of guilty admits the crime and all the
attendant circumstances alleged in the information [like
- cases for violation of the Dangerous Drugs Act conspiracy, etc, and the plea warrants judgment of
conviction without need of further evidence.
- cases under SC A.O. 104-96, i.e. heinous crimes,
violations of Intellectual Property Law, these cases must Plea of guilty is mitigating if made before the prosecution
be tried continuously and terminated within 60 days from starts to present evidence.
commencement of the trial and decided within 30 days
from submission of the case The presence of the offended party shall be required
during arraignment for the purpose of:
- violation of Environment Law, accused must be arraigned
before releasing on bail 1. plea bargaining,

RULES ON ARRAIGNMENT 2. determination of civil liability; and

1. Judgment is void if the accused had not been validly 3. other matters requiring his presence.
arraigned.
If case of failure of the offended party/private complaint
2. If the accused went into trial without being arraigned, fails to appear during arraignment despite notice, the court
subsequent arraignment will cure the error provided that may allow the accused to enter a plea of guilty to a lesser
the accused was able to present evidence and cross offense which is necessarily included in the offense
examine the witnesses of the prosecution during trial. charged with the conformity of the trial prosecutor alone.

3. Accused is presumed to have been validly arraigned in The judge is not obliged to point out that an information is
the absence of proof to the contrary. defective during arraignment. The obligation to move to
quash a defective information rests upon the accused,
4. Accused must personally appear during arraignment [or whose failure to do so constitutes a waiver of the right to
through video conference hearing for public health object.
concerns] and enter his plea [not his counsel].

5. Trial in absentia may be conducted only after valid

arraignment. Sec. 2. plea of guilty to a lesser offense

If an information is amended in substance which changes At arraignment, the accused, with the consent of the
the nature of the offense, arraignment on the amended offended party and the prosecutor, may be allowed by
information is mandatory. If amendment is as to from, no the trial court to plead guilty to a lesser offense which
need for another arraignment. is necessarily included in the offense charged. After
arraignment but before trial, the accused may still be
Arraignment made after the prosecution rested its case is allowed to plead guilty to a lesser offense after
considered a non prejudicial error because the counsel for withdrawing his plea of not guilty. No amendment of
the accused failed to object the lack of arraignment during the complaint of information is necessary.
trial and had full opportunity to cross examine the
witnesses. Before arraignment, the court may ask the accused if he
wants to enter into plea bargaining.
In other words, there is no need for arraignment as the act
of the accused in participating in the trial implies the he PLEA BARGAINING is a process whereby the accused
understood the nature and cause of the accusation and the prosecution work out a mutually satisfactory
against him. disposition of the case subject to court approval. It usually
involves the accused’s pleading guilty to a lesser offense
PLEA or to only one or some of the counts of a multi-count
indictment in return for a lighter sentence than that for the
- is the answer of the accused during arraignment and that graver charge.
is whether guilty or not guilty
Plea bargaining involves a give and take negotiation. The
- pertains to the matter which the accused, on his essence of the agreement is that both the prosecution and
arraignment, alleges in answer to the charge against him the defense make concessions to avoid potential losses. It
is encouraged because the chief virtues of the system –
When does the court enter a plea of not guilty for the
speed, economy, and finality – can benefit the accused,
accused
the offended party, the prosecution and the court.
1. The accused so pleaded.
Example:
2. when accused refuses to plead;
Illegal gambling [cockfighting] under PD 1602 –prision
3. when accused admits the charge [pleads guilty], but correccional medium or fine from 1k to 6k, and in case of
sets up matters of defense, or any justification; rescidivism, prision mayor medium or fine from 5k to 10k.
Proposal- plea of guilt if penalty is fine of 1k. If prosecution GENERALLY, plea of guilty constitutes an unqualified
accepts, the court will approve and impose 1k fine. admission of the crime and of the attendant circumstances
alleged in the information and may thus be the basis of a
In drug cases – subject to A.M. No. 18-03-16-SC judgment without need of further evidence. However, the
court may, upon motion, allow the presentation of
Plea bargaining is allowed not only during arraignment but evidence to prove mitigating circumstances.
also during pre-trial, or even up to the point when the
prosecution already rested its case. Even if the accused pleads guilty, if the facts charged in
the information do not state an offense, no conviction can
Requirements in a plea of guilty to a lesser offense: be had.
1. consent of the offended party; For non capital offense, the reception of evidence is
merely discretionary on the part of the court-only if the
2. consent of the prosecutor to the plea of guilty; and
complaint or information is not sufficient to render
3. the lesser offense must necessarily be included in the judgment.
offense charged.
For a capital offense, reception of evidence to prove the
If the accused entered a plea to a lesser offense without degree of culpability of the accused including the
the consent of the offended party and the prosecutor and mitigating circumstances, is mandatory.
later on convicted, his subsequent conviction of the crime
Plea of guilty is an unconditional admission of guilt, freely,
charged would not place him in double jeopardy.
voluntary and made with full knowledge of the
If private complainant/offended party fails to appear during consequences and meaning of his act and with a clear
arraignment/pre trial despite notice, he/she is deemed to understanding of the precise nature of the crime charged
have waived his/her right to object to a possible plea of in the complaint or information. [Pp v. De Luna, G.R.No.
guilt to a lesser offense. 77969, June 22, 1989]

SEC 3. PLEA OF GUILTY TO CAPITAL OFFENSE; It must be of such nature as to foreclose the defendant’s
RECEPTION OF EVIDENCE right to defend himself from said charge, leaving the
penalty fixed by law. [Pp v. Ng, Pek, G.R. No. l-1985,
When the accused pleads guilty to a capital offense, October 2, 1948]
the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the An improvident plea of guilty is a plea without information
consequences of his plea and shall require the as to all the circumstances affecting it; based upon a
prosecution to prove his guilt and the precise degree mistaken assumption or misleading information or advice.
of culpability. The accused may present evidence in
At anytime before the judgment of conviction becomes
his behalf.
final, the court may permit an improvident plea of guilty to
While the court may ask the accused to present evidence be withdrawn and be substituted by a plea of not guilty.
on his behalf after pleading guilty to a capital offense, he
Effect of withdrawal- setting aside of the judgment of
may not present evidence as would exonerate him
conviction and the re-opening of the case for new trial.
completely from criminal liability such as proof of self
defense. Sec. 6. duty of court to inform the accused of his right
to counsel.
Searching inquiry by the court is a requirement.
[People v. Dayot, G.R. No. 88281, July 20, 1990] The Before arraignment, the court shall inform the
trial judge must satisfy himself that the accused, in accused of his right to counsel and ask him if he
pleading guilty, desires to have one. Unless the accused is allowed to
defend himself in person or has employed counsel of
(1) is doing so voluntarily, and
his choice, the court must assign a counsel de oficio
(2) he, in doing so, is truly guilty, and to defend him.

(3) there exists a rational basis for a finding of guilt, based Sec. 7. appointment of counsel de oficio.
on his evidence on record.
— The court, considering the gravity of the offense
Accused must be informed of the exact jail term/period of and the difficulty of the questions that may arise, shall
imprisonment he/she will serve. appoint as counsel de oficio only such members of
the bar in good standing who, by reason of their
Sec. 4 plea of guilty to a non-capital offense; reception experience and ability, can competently defend the
of evidence discretionary. accused. But in localities where such members of the
Sec. 5. withdrawal of improvident plea of guilty. bar are not available, the court may appoint any
person, resident of the province and of good repute
[Sec. 4.] When the accused pleads guilty to a non for probity and ability, to defend the accused.
capital offense, the court may receive evidence from
the parties to determine the penalty to be imposed. Counsel de oficio – counsel appointed by the court
[usually from the Public Attorney’s Office] [who are
[Sec. 5.] At any time before the judgment of conviction members of the bar in good standing and are qualified], to
becomes final, the court may permit an improvident represent and defend the accused in the event he cannot
plea of guilty to be withdrawn and be substituted by a afford the services of a private lawyer called counsel de
plea of not guilty. parte.
Purpose – to secure the accused, who can’t afford a *waiver of arraignment
counsel of his choice, effective representation by making it
imperative on the part of the court to consider in the Sec. 10. production or inspection of material evidence
offense and the difficulty of the questions likely to arise in in possession of prosecution.
the case.
— Upon motion of the accused showing good cause
Sec. 8. time for counsel de oficio to prepare for and with notice to the parties, the court, in order to
arraignment prevent surprise, suppression, or alteration, may
sec. 9. bill of particulars. order the prosecution to produce and permit the
inspection and copying or photographing of any
[Section 8.] — Whenever a counsel de oficio is written statement given by the complainant and other
appointed by the court to defend the accused at the witnesses in any investigation of the offense
arraignment, he shall be given a reasonable time to conducted by the prosecution or other investigating
consult with the accused as to his plea before officers, as well as any designated documents,
proceeding with the arraignment. (8) papers, books, accounts, letters, photographs,
objects or tangible things not otherwise privileged,
[Section 9.] — The accused may, before arraignment, which constitute or contain evidence material to any
move for a bill of particulars to enable him properly to matter involved in the case and which are in the
plead and to prepare for trial. The motion shall specify possession or under the control of the prosecution,
the alleged defects of the complaint or information police, or other law investigating agencies. (11a)
and the details desired. (10a)
The right to modes of discovery, a seldom used process in
-Time must be reasonable depending upon the the Philippines.
circumstances.
Right of the accused to move for the production of material
- If averments in the information are vague that will evidence in the possession of the prosecution. It
prevent the accused from making an intelligent plea, the authorizes the defense to inspect, copy or photograph any
accused may withhold the arraignment first and move for a evidence of the prosecution in its possession after
bill of particulars as part of the accused’s right to be obtaining permission from the court.
informed of the nature and cause of accusation against
him/her. The motion shall specify/point out the defects and -only those favorable to the accused, that, if suppressed,
details desired. would deprive the accused of fair trial.

The purpose of the bill of particulars is to enable an Sec. 11. suspension of arraignment
accused:
— Upon motion by the proper party, the arraignment
a. to know the theory of the govt’s case; shall be suspended in the following cases:

b. to prepare for his/her defense and to avoid surprise at (a) The accused appears to be suffering from an
the trial; to plead his/her acquittal or conviction in bar of unsound mental condition which effective renders him
another prosecution for the same offense; and unable to fully understand the charge against him and
to plead intelligently thereto. In such case, the court
c. to compel the prosecution to observe certain limitations shall order his mental examination and, if necessary,
in offering evidence. his confinement for such purpose;

Ex. Charge for theft: one (1) cellular phone and cash (b) There exists a prejudicial question; and
money amounting to 300 pesos…
(c) A petition for review of the resolution of the
Property stolen is ambiguous… to fully apprise the prosecutor is pending at either the Department of
accused of its value, the markings on the phone and its Justice, or the Office of the President; provided, that
specific brand, he may move for bill of particulars. the period of suspension shall not exceed sixty (60)
days counted from the filing of the petition with the
2nd Ex. – when there is failure to allege time of commission reviewing office. (12a)
of the offense with sufficient definiteness
These grounds are exclusive:
This may be filed at or before arraignment.
1. accused is suffering from unsound mental condition –
Before, reading of the information in the presence of the as he/she cannot intelligently plea. The duration of
accused is mandatory. Under the Rule on Continuous trial, suspension depends upon the report of the mental expert.
reading of the information can be dispensed with. Under
the new guidelines, waiver of the reading of the criminal 2. there exists a prejudicial question. PQ exists if a prior
information is allowed, PROVIDED that the accused has issue whose resolution rests with another tribunal, but at
full understanding of the crime charged and with the the same time is necessary in the resolution of another
express consent of the accused and his/her lawyer. issue in the same case.

But the court must explain the waiver to the accused in a 3. There is a pending petition for review of the resolution
language known to him/her and must make sure that the of the prosecutor before the DOJ or the Oof od the Pres.
accused fully understand the consequences of the waiver The suspension will only last for 60 days, after which
before allowing the nonreading of the information. arraignment shall proceed without waiting for the petition
to be resolved.
These matters must be duly recorded both in the minutes
of the hearing and in the certificate of arraignment.
*if resolution of the SOJ is to withdraw information, its final Section 2. Form and contents.- The motion to quash
dismissal will still remain within the discretion of the court shall be in writing, signed by the accused or his counsel.
under the principle of separation of powers. And shall distinctly specify its factual and legal grounds.
The court shall consider no grounds other than those
stated in the motion, except lack of jurisdiction over the
offense charged.
Other pending incidents that results in the deferment
of arraignment: Section 3. Grounds. The accused may move to quash
the complaint or information on any of the following
a. a motion to quash grounds:
b. a motion for inhibition; ang (a) That the facts charged do not constitute an offense;
c. a motion for bill of particulars. (b) That the court trying the case has no jurisdiction over
the offense charged;

(c) That the court trying the case has no jurisdiction over
MOTION TO QUASH
the person of the accused;
Rule 117
(d)That the officer who filed the information had no
Section 1. Time to move To Quash - At any time before authority to do so;
entering his plea, the accused may move to quash the
(e) That it does not conform substantially to the subscribed
complaint or information.
form;
What is a MTQ?
(f) That more than one offense is charged except when a
 It is the mode by which an accused assails, single punishment for various offenses is prescribed by
before entering his/her plea, the validity of the law;
criminal complaint or the criminal information
filed against him/her for insufficiency or for (g) That the criminal action or liability has been
defect apparent on the face of the information. extinguished;

 While this is not a responsive pleading being (h) That it contains averments which, if true, would
addressed to the court, the State should be constitute legal excuse or justification; and
required to comment or an opportunity thereof.
(i) That the accused had been previously convicted or
 Other facts, like matters of defense, which are acquitted of the offense charged, or the case against him
not in the information should not be considered. was dismissed or otherwise terminated without his
express consent.
Ex. [he was abroad when the incident happened]
 First ground - facts charged do not constitute an
...exceptions! offense-

1. extinction of criminal liability; The test is to determine whether or not all the elements of
the crime have been alleged in the criminal complaint or
2. prescription; and information.

3. former jeopardy. 1. crime of estafa, it appeared in the allegations that the

contractor failed to finish building the house because of
In these cases, additional facts are allowed. the declaration of shutdown due to covid. There was no
deceit, hence, there is no estafa. The information may be
 GENERALLY, the accused may move to quash
quashed…
the complaint or information at any time
BEFORE ENTERING HIS PLEA. 2. crime of theft, the accused was a spouse…
HOWEVER, a MTQ may be filed after plea if based on 3. malicious mischief….
these grounds:
Examples…
1. failure to charge an offense;
 The ground that the court has no jurisdiction
2. Lack of jurisdiction over the offense charged; over the offense charged or the person of the
accused.
3. extinction of the offense or penalty;
 Jurisdiction, as we all know, is the power and
4. the accused would be placed in double jeopardy
authority of a court of justice to hear and decide
 The right to file MTQ belongs only to the a case. If the court has no power to act on a
accused. There is nothing in the rules w/c criminal case, it means that is has no jurisdiction
authorizes the court or judge to motu propio over the subject matter.
initiate a MTQ.
1. a graft case involving an accused with a salary
 Quashal of a criminal complaint or information is grade of 27 was filed with the RTC can be quashed
not an acquittal; it is not disposition of the case; on the ground that RTC has no jurisdiction over the
and it does not bar a subsequent prosecution for subject matter. This should be filed before the SB
the same offense. after an investigation conducted by the OMB.
  The crime of libel filed with the MTC is prone to prosecution to file the information on the last
quashal as it is the RTC in the region where the working day before the criminal offense
article was published which has jurisdiction. prescribes. (Yapdingco v. Buencamino, G.R. No.
L-28841, June 24, 1983)
Instances when there is unauthorized filing of
information…. .. That it contains averments, which if true, would
constitute a legal excuse or justification
1. Officer filing is irregularly appointed. It does not
necessarily invalidate the information if he may be Examples are the averments of facts constituting:
considered a de facto officer.
1. justifying circumstances;
2. officer is disqualified from appointment to such position.
The information is invalid and the court does not acquire 2. exempting circumstances;
jurisdiction to try the accused thereon.
3. absolutory causes;
3. Officer filed the information without the approval of the
4. other causes
head/chief prosecutor. (Rule 112, Sec.4)
Ex. There is instigation – takes place when the peace
- Prov/City Prosecutors, Chief State Prosecutor
officer induces a person to commit a crime
-Ombudsman/his deputy
Ex. Accused is merely 13 yrs old at the time of the
4. Information is filed without the complaint of the offended commission of the crime
party in cases involving private crimes.
Elements of double jeopardy:
 An infirmity in the information caused by the lack
of authority of the officer signing it cannot be 1. the complaint or information is sufficient in form and
cured by silence, acquiescence, or even by substance to sustain a conviction;
express consent. An invalid information is not an
2. the court had jurisdiction;
information at all. No criminal proceeding may
prosper therefrom, thus, it is subject to quashal. 3. the accused had been arraigned and had pleaded; and
(Romualdez V. SB G.R. No.s. 143618-41, July
30, 2002) 4. the accused was convicted or acquitted or the case was
dismissed without his express consent
 It is sufficient if the complaint of or information
states the essential elements which constitutes If one of the 4 elements is absent, double jeopardy will
the offense as required in the statute and it is not apply.
not necessary to follow the exact language of
the statute.  More than one offense is charged in the
information-this means that there is duplicity of
 If the defects are properly and timely raised, an offenses in the criminal information.
amendment of the complaint or information may
be ordered by the court under Rule 117, Sec.4)  Ex. Sec 5/11 of Ra 9165

 Criminal action or liability had been extinguished  Exception if CR,SCC, etc…

Grounds for extinction of criminal liability (Art. 89, Sec. 4. Amendment of Complaint or Information. If the
RPC) MTQ is based on an alleged defect of the complaint or
information which can be cured by amendment, the court
1.death of the convict, as to the personal penalties; and as shall order that an amendment be made.
to the pecuniary penalties, liability therefor is extinguished
only when the death of the offender occurs before final …continued Sec. 4…
judgment;
 If it is based on the ground that the facts
2. by service of sentence; charged do not constitute an offense, the
prosecution shall be given by the court an
3. by amnesty; opportunity to correct the defect by amendment.
The motion shall be granted if the prosecution
4. by absolute pardon; fails to correct the defect by amendment, or the
complaint or information still suffers from the
5. by prescription of crime;
same defect despite the amendment.
6. by prescription of penalty;
Section 5. Effect of sustaining the MTQ. If the MTQ is
7. by the marriage of the offended woman, as provided in sustained, the court may order that another complaint or
Art. 344, RPC; and information be filed except as provided in Sec. 6 of this
Rule. If the order is made, the accused, if in custody, shall
8. by pardon or express consent of the offended party to not be discharged unless admitted to bail. If no order is
the accused in some private crimes in Art. 344, RPC. made, or if having been made, no new information is filed
within the time specified in the order or within such further
 Where the last day of the prescriptive period for time as the court may allow for good cause, the accused,
filing an information is a Sunday or legal holiday, if in custody, shall be discharged unless he is also in
the information can no longer be filed on the custody for another charge.
next working day. The remedy is for the fiscal or
SEC. 6. Order sustaining the MTQ not a bar to another Under the Revised Guidelines for Continuous Trial in
prosecution; exception Criminal cases, the revival of provisionally dismissed
cases shall conform to the following requisites:
 An order sustaining the MTQ is not a bar to
another prosecution for the same offense unless 1. the prosecution with the express conformity of the
the motion was based on grounds specified in accused, or the accused, moves for a provisional
Section 3(g) and (i) of this Rule. dismissal of his/her case; or both the prosecution and the
accused move for its provisional dismissal;
SEC. 7. Former conviction or acquittal; double
jeopardy.- When an accused has been convicted or 2. the offended party is notified of the motion for a
acquitted, or the case against him dismissed or otherwise provisional dismissal of the case;
terminated without his express consent by a court of
competent jurisdiction, 3. the court issues an order granting the motion and
dismissing the case provisionally; and
… upon a valid complaint or information or other formal
charge sufficient in form and substance to sustain a 4. the public prosecutor is served with a copy of the order
conviction and after the accused had pleaded to the of provisional dismissal of the case.
charge,
SEC. 9. Failure to move to quash or to allege any
…. the conviction or acquittal of the accused or the ground therefor. The failure of the accused to assert any
dismissal of the case shall be a bar to another prosecution ground of a MTQ before he pleads to the complaint or
for the offense charged, or for any attempt to commit the information, either because he did not file a MTQ or failed
same or to allege the same in said motion, shall be deemed a
waiver of any objections except those based on the
…frustration thereof, or for any offense which necessarily grounds provided for in paragraphs (a), (b), (g), and (i) of
includes or is necessarily included in the offense charged Section 3 of this Rule.
in the former complaint or information.
PRE TRIAL
 However, the conviction of the accused shall not
be a bar to another prosecution for an offense Rule 118
which necessarily includes the offense charged
in the former complaint or information under any SECTION 1. Pre-trial; mandatory in criminal cases. - In
of all criminal cases, cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court, Municipal
…the following instances: Trial Court in Cities, Municipal Trial Court and Municipal
Circuit Trial Court, the court shall, after arraignment and
(a) The graver offense developed due to supervening facts within thirty (30) days from the date the court acquires
arising from the same act or omission constituting the jurisdiction over the person of the accused, unless a
former charge; shorter period is provided for by the special laws or
circulars of the Supreme Court, order … a pre-trial
(b) the facts constituting the graver charge became known conference to consider the following:
or were discovered only after a plea was entered in the
former complaint or information; or (a) plea bargaining;

(c) the plea of guilty to a lesser offense was made without (b) stipulation of facts;
the consent of the prosecutor and of the offended party
except as provided in Section 1(f) of Rule 116. (c) marking for identification of evidence of the parties;

In any of the foregoing cases, where the accused satisfies (d) waiver of objections to admissibility of evidence;
or serves in whole or in part the judgment, he shall be
credited with the same in the event of conviction for the (e) modification of the order of trial if the accused admits
graver offense. the charge but interposes a lawful defense; and

SEC. 8. Provisional Dismissal. - A case shall not be (f) such matter as will promote a fair and expeditious trial
provisionally dismissed except with the express consent of of the criminal and civil aspects of the case (Sections 2
the accused and with notice to the offended party. and 3, Circular 38-98)

… The provisional dismissal of offenses The purposes of pre trial:

punishable by imprisonment not exceeding six (6) years or
1. to simplify the issues of the case;
a fine of any amount, or both, shall become permanent
one (1) year after the issuance of the order without the 2. To shape up the testimonies and documents to be
case having been revived. With respect to offenses presented at trial;
punishable by imprisonment of more than six (6) years,
their provisional dismissal shall become permanent two (2) 3. To generally clear and organize the desk of the parties
years after issuance of the order without the case having for the trial
been revived.
Main objective of pre trial
 Provisional dismissal is similar to temporary
dismissal. The setting of the one-and two-year  To achieve an expeditious resolution of the case.
period is known as the time bar rule.
 For this reason, pre-trial was mandated to be
NOTE that the rules do not specify the grounds for the mandatory in criminal cases.
provisional dismissal of a case.
 PERIOD OF PRE-TRIAL  If the counsel for the accused or the prosecutor does
not appear at the pre-trial conference and does not
GENERAL RULE: The court shall order a pre trial offer an acceptable excuse for his lack of
conference after arraignment and within 30 days from the cooperation, the court may impose proper sanctions
date the court acquires jurisdiction over the person of the or penalties.
accused.
SECTION 4. Pre-trial order
EXCEPTION: when special laws of SC circulars provides
for a shorter period[Rule on Continuous Trial]  After the pre-trial conference, the court shall issue an
order reciting the actions taken, the facts stipulated,
Who must be present during pre-trial and evidence marked. Such order shall bind the
parties, limit the trial to matters not disposed of, and
 The counsel of accused and the prosecutor should control the course of action during the trial, unless
be present during pre-trial. The accused is not modified by the court to prevent manifest injustice.
required to attend unless ordered by the court, and is
merely required to sign the pre-trial order specifying  10 days after the termination of the pre-trial, the
the written agreements arrived at during the pre-trial judge must issue a pre-trial order containing the
conference, if he agrees to the contents of such. actions taken; facts stipulated; evidence marked;
admissions made; number and name of witnesses to
 Complainant is also not required to appear but should be presented and schedule of trial
the accused plead guilty to a lesser offense,
complainant shall be deemed to have waived his/her  The pre-trial order binds the parties, limits the trial to
right to oppose the accused’s plea of guilt those matters not disposed of, and controls the
course of the action during the trial, unless modified
by the court to prevent injustice.

 The pre-trial order shall be signed by the parties and

counsels and furnished the parties
Concept of stipulation of facts
Importance of the Judicial Affidavit Rule in Criminal
 Stipulation of facts is allowed in criminal cases,
Actions
except circumstances that qualify a crime and
increases its penalty to death. The court should  This rule shall apply to all criminal actions:
actively participate when counsels make proposals
for stipulation. 1. Where the maximum of the imposable penalties does
not exceed 6 years;
 During pre-trial/preliminary conference, the court
shall require the parties to enter into stipulations on 2. Where the accused agrees to the use of judicial
the subject of both direct ang cross examinations of affidavits, irrespective of the penalty involved; or
witnesses who have no personal knowledge of the
material facts constituting the crimes, such as 3. 3. With respect to the civil aspect of the actions,
forensic chemists, medico-legal officers, whatever the penalties involved are.
investigators, auditors, accountants, engineers,
B. The prosecution shall submit the JAs of its witnesses
 Custodians, expert witnesses, who will testify on the not later than 5 days before the trial, serving copies to the
authenticity, due execution, and the contents of public accused. The documentary or object evidence marked
documents and reports; corroborative witnesses; and shall be attached to the JAs. No further JAs, documentary
those who will testify on the civil liability. The rule is, or object evidence shall be admitted at the trial.
without prejudice to allowing additional direct and
cross examination questions  If the accused desires to be heard on his/her defense
after receipt of the JAs of the prosecution, he/she
Marking for identification of evidence shall have the option to submit his/her JA as well as
those of his/her witnesses to court w/n 10 days from
 The documentary evidence of the prosecution and receipt of the Jas of the prosecution and serve a copy
the accused shall be marked. No evidence may be thereof to the public and private prosecutors,
presented and offered during the trial other than together with the marked documentary and object
those identified and marked during the pre-trial, evidence. These affidavits shall serve as direct
except when allowed by the court for good cause testimonies of the accused and the defense
shown. But the court must strictly comply with the witnesses when they testify.
guidelines under A.M. No. 03-1-09-SC
POINTS TO REMEMBER
SEC. 2. Pre-trial agreement
 Arraignment and pre-trial are conducted on the same
 All agreements or admissions made or entered day.
during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel,  Pre-trial is mandatory. It cannot be skipped.
otherwise, they cannot be used against the accused.
The agreements covering the matters referred to in  After pre-trial, the court does not immediately
Section 1 of this Rule shall be approved by the court. proceed to trial if the crime charged is subject to
mediation by the Philippine Mediation Center.
SECTION 3. NON APPEARANCE AT PRE-TRIAL
CONFERENCE  Plea bargaining can also be had during pre-trial not
only during arraignment.
 Stipulation of facts are agreed facts that no longer one hundred eighty (180) days from the first day of trial,
require to be proven in court. except as otherwise authorized by the Supreme Court.
(sec. 8, cir. 38-98).
 Marking of evidence is done in open court. But if the
evidence is voluminous or there are many pieces of The time limitations provided under this section
evidence to be marked, the order may order a and the preceding section shall not apply where special
commissioner’s hearing for the marking of evidence laws or circulars of the Supreme Court provide for a
before the branch clerk of court on a separate shorter period of trial. (n)
scheduled date.
Limitation on the trial period:
 If the accused pleaded self-defense, it is during pre-
trial that parties may agree for a reverse trial.  It shall in no case exceed 180 days from the first
day of the trial, except as otherwise provided by
 Reverse trial is an instance where the accused the SC. But, said limitation shall not apply where
presents evidence first and followed by the special laws or circular of the SC provide for a
prosecution shorter period of time.

 Possible settlement of the case is another matter Cases when arraignment is made w/n a shorter
discussed during pre-trial. period:

 Naming all witnesses during pre-trial is also 1. Rules on Summary Procedure – must be arraigned
conducted. and tried immediately.

 All matters discussed and agreed during pre-trial are 2. R.A. 4908 – where the offended party is about to depart
written in the pre-trial order. from the Phils. w/o definite date of return- arraignment w/o
delay;
 Both parties are required to disclose all their
witnesses and the pieces of evidence to avoid 3. R.A. 7610 involving child abuse cases – must be
surprises during trial. tried w/n 3 days from arraignment;
 Pre-trial is an effective tool in expediting the 4. R.A. 9165 on Dangerous Drugs – must be tried w/ 60
resolution of cases. days and decision w/n 15 days from submission.
 PT agreement is different from PTO. Pre trial  Intellectual Property Code cases – trial w/n 60
agreement are facts agreed upon by the parties while days and decision/n 30 days from submission of
pre-trial order is an order issued by the court in the case.
confirming among others, the pre-trial agreement.
 Heinous crime cases – trial w/n 60 days and
decision w/n 30 days from submission.
TRIAL Effect of absence of witnesses…
RULE 119  Any period of delay resulting from the absence
or unavailability of an essential witness shall be
Section 1. Time to prepare for trial. — After a plea of not excluded in computing the time w/n w/c trial
guilty is entered, the accused shall have at least fifteen must commence.
(15) days to prepare for trial. The trial shall commence
within thirty (30) days from receipt of the pre-trial order.  For the period to be excluded, the witness
(sec. 6, cir. 38-98) should be absent or unavailable and the witness
must be essential.
Prescribed periods
 A Motion to Bail is a remedy to secure
1. Between acquisition of jurisdiction over the person of appearance of a material witness w/c either
the accused to arraignment and pre-trial party may file with proof/under oath that a
material witness will testify when required.
a. Detained accused: w/n 10 days
 When the court is satisfied of such, it may order
b. Non-detained accused: w/n 30 days
the witness to post bail. If the material witness
2. Between receipt of pre-trial order to trial: w/n 30 days refuses to post bail, the court shall commit
him/her to prison until he/she complies or is
3. Periods of delay excluded from the computation legally discharged after his/her testimony has
been taken.
Section 2. Continuous trial until
terminated; postponements. — Trial once commenced Denial of the right to speedy trial
shall continue from day to day as far as practicable until
 Dismissal on the ground of violation of the right
terminated. It may be postponed for a reasonable period
to speedy trial has an effect similar to that of
of time for good cause. (2a)
acquittal. For it to be effected, a motion to
The court shall, after consultation with the dismiss on the ground of denial of his/her right
prosecutor and defense counsel, set the case for to speedy trial should be made. The dismissal
continuous trial on a weekly or other short-term trial shall be subject to the rules on double jeopardy.
calendar at the earliest possible time so as to ensure The accused has the burden of proving the
speedy trial. In no case shall the entire trial period exceed ground of denial of right to speedy trial for the
motion.
  The prosecution has the burden of proving the has not run and no motion for separate trial has been
exclusion of time from the computation. granted.

Waiver of the right to speedy trial (f) Any period of delay resulting from a continuance
granted by any court motu proprio, or on motion of either
 Failure of the accused to move for dismissal the accused or his counsel, or the prosecution, if the court
prior to trial shall constitute a waiver of the right granted the continuance on the basis of its findings set
to dismiss on the ground of denial of his/her forth in the order that the ends of justice served by taking
right to speedy trial. such action outweigh the best interest of the public and
the accused in a speedy trial. (sec. 9, cir. 38-98)
 In People v. Jardin, there is no violation of the
right where the delay is imputable to the Section 4. Factors for granting continuance. — The
accused. When the accused resorts to tactical following factors, among others, shall be considered by a
maneuvers, he/she waives his/her right to court in determining whether to grant a continuance under
speedy trial. section 3(f) of this Rule.
Section 3. Exclusions. — The following periods of delay (a) Whether or not the failure to grant a
shall be excluded in computing the time within which trial continuance in the proceeding would likely make a
must commence: continuation of such proceeding impossible or result in a
miscarriage of justice; and
(a) Any period of delay resulting from other proceedings
concerning the accused, including but not limited to the (b) Whether or not the case taken as a whole is
following: so novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is
(1) Delay resulting from an examination of the
unreasonable to expect adequate preparation within the
physical and mental condition of the accused;
periods of time established therein.
(2) Delay resulting from proceedings with
In addition, no continuance under section 3(f) of this Rule
respect to other criminal charges against the accused;
shall be granted because of congestion of the court's
(3) Delay resulting from extraordinary remedies calendar or lack of diligent preparation or failure to obtain
against interlocutory orders; available witnesses on the part of the prosecutor. (sec. 10,
cir. 38-98)
(4) Delay resulting from pre-trial proceedings;
provided, that the delay does not exceed thirty (30) days;  Granting of continuance is not a matter of right
but of court’s sound discretion.
(5) Delay resulting from orders of inhibition, or
proceedings relating to change of venue of cases or  The grant of continuance must be on grounds
transfer from other courts; specified in in Section 4.

(6) Delay resulting from a finding of the

existence of a prejudicial question; and
Section 5. Time limit following an order for new trial.
(7) Delay reasonably attributable to any period, — If the accused is to be tried again pursuant to an order
not exceed thirty (30) days, during which any proceeding for a new trial, the trial shall commence within thirty (30)
which any proceeding concerning the accused is actually days from notice of the order, provided that if the period
under advisement. becomes impractical due to unavailability of witnesses and
other factors, the court may extend it but not to exceed
(b) Any period of delay resulting from the absence or one hundred eighty (180) days from notice of said order
unavailability of an essential witness. for a new trial. (sec. 11, cir. 38-98)

For purposes of this subparagraph, an essential witness Section 6. Extended time limit. — Notwithstanding the
shall be considered absent when his whereabouts are provisions of section 1(g), Rule 116 and the preceding
unknown or his whereabouts cannot be determined by due section 1, for the first twelve-calendar-month period
diligence. He shall be considered unavailable whenever following its effectivity on September 15, 1998, the time
his whereabouts are known but his presence for trial limit with respect to the period from arraignment to trial
cannot be obtained by due diligence. imposed by said provision shall be one hundred eighty
(180) days. For the second twelve-month period, the limit
(c) Any period of delay resulting from the mental shall be one hundred twenty (120) days, and for the third
incompetence or physical inability of the accused to stand twelve-month period, the time limit shall be eighty (80)
trial. days. (sec. 7, cir. 38-98)

(d) If the information is dismissed upon motion of the Section 7. Public attorney's duties where accused is
prosecution and thereafter a charge is filed against the imprisoned. — If the public attorney assigned to defend a
accused for the same offense, any period of delay from person charged with a crime knows that the latter is
the date the charge was dismissed to the date the time preventively detained, either because he is charged with a
limitation would commence to run as to the subsequent bailable crime but has no means to post bail, or, is
charge had there been no previous charge. charged with a non-bailable crime, or, is serving a term of
imprisonment in any penal institution, it shall be his duty to
(e) A reasonable period of delay when the accused is do the following:
joined for trial with a co-accused over whom the court has
not acquired jurisdiction, or, as to whom the time for trial (a) Shall promptly undertake to obtain the presence of the
prisoner for trial or cause a notice to be served on the
person having custody of the prisoner requiring such of denial of his right to speedy trial. Failure to
person to so advise the prisoner of his right to demand move for dismissal shall constitute as waiver of
trial. of his right to dismiss under this Section.

(b) Upon receipt of that notice, the custodian of the Section 10. Law on speedy trial not a bar to provision
prisoner shall promptly advise the prisoner of the charge on speedy trial in the Constitution. — No provision of
and of his right to demand trial. If at anytime thereafter the law on speedy trial and no rule implementing the same
prisoner informs his custodian that he demands such trial, shall be interpreted as a bar to any charge of denial of the
the latter shall cause notice to that effect to sent promptly right to speedy trial guaranteed by section 14(2), article III,
to the public attorney. of the 1987 Constitution. (sec. 15, cir. 38-98)

(c) Upon receipt of such notice, the public attorney shall Section 11. Order of trial. — The trial shall proceed in the
promptly seek to obtain the presence of the prisoner for following order:
trial.
(a) The prosecution shall present evidence to
(d) When the custodian of the prisoner receives from the prove the charge and, in the proper case, the civil liability.
public attorney a properly supported request for the
availability of the prisoner for purposes of trial, the prisoner (b) The accused may present evidence to prove
shall be made available accordingly. (sec. 12, cir. 38-98) his defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
Section 8. Sanctions. — In any case in which private
counsel for the accused, the public attorney, or the (c) The prosecution and the defense may, in that
prosecutor. order, present rebuttal and sur-rebuttal evidence unless
the court, in furtherance of justice, permits them to present
(a) Knowingly allows the case to be set for trial without additional evidence bearing upon the main issue.
disclosing that a necessary witness would be unavailable
for trial; (d) Upon admission of the evidence of the
parties, the case shall be deemed submitted for decision
(b) Files a motion solely for delay which he knows is totally unless the court directs them to argue orally or to submit
frivolous and without merit; written memoranda.

(c) Makes a statement for the purpose of obtaining (e) When the accused admits the act or
continuance which he knows to be false and which is omission charged in the complaint or information but
material to the granting of a continuance; or interposes a lawful defense, the order of trial may be
modified. (3a)
(d) Willfully fails to proceed to trial without justification
consistent with the provisions hereof, the court may punish GENERALLY, the order in the presentation of evidence
such counsel, attorney, or prosecution, as follows: must be followed. The accused may not be required to
present his evidence first before the prosecution adduces
(1) By imposing on a counsel privately retained its own proof.
in connection with the defense of an accused, a fine not
exceeding twenty thousand pesos (P20,000.00); EXCEPTION: when a reverse trial is ordered w/o the
objection of the accused and such procedure did not
(2) By imposing on any appointed counsel de prejudice his substantial rights.
oficio, public attorney, or prosecutor a fine not exceeding
five thousand pesos (P5,000.00); and  When the order of the trial set forth under this
section was not followed by the court to the
(3) By denying any defense counsel or extent of denying the prosecution an opportunity
prosecutor the right to practice before the court trying the to present its evidence, the judgment is null and
case for a period not exceeding thirty (30) days. The void.
punishment provided for by this section shall be without
prejudice to any appropriate criminal action or other  When the accused pleads guilty to the crime
sanction authorized under these rules. (sec. 13, cir. 38-98) charged but interposes a lawful defense, the
trial court may allow the accused to present his
Section 9. Remedy where accused is not brought to defense first and thereafter give the prosecution
trial within the time limit. — If the accused is not brought the opportunity to present its rebuttal evidence.
to trial within the time limit required by Section 1(g), Rule
116 and Section 1, as extended by Section 6 of this rule, Section 12. Application for examination of witness for
the information may be dismissed on motion of the accused before trial. — When the accused has been
accused on the ground of denial of his right of speedy trial. held to answer for an offense, he may, upon motion with
The accused shall have the burden of proving the motion notice to the other parties, have witnesses conditionally
but the prosecution shall have the burden of going forward examined in his behalf. The motion shall state: (a) the
with the evidence to establish the exclusion of time under name and residence of the witness; (b) the substance of
section 3 of this rule. The dismissal shall be subject to the his testimony; and (c) that the witness is sick or infirm as
rules on double jeopardy. to afford reasonable ground for believing that he will not
be able to attend the trial, or resides more than one
Failure of the accused to move for dismissal prior to trial hundred (100) kilometers from the place of trial and has no
shall constitute a waiver of the right to dismiss under means to attend the same, or that other similar
this section. (sec. 14, cir. 38-98) circumstances exist that would make him unavailable or
prevent him from attending the trial. The motion shall be
 Section 9 refers to the remedy of the accused supported by an affidavit of the accused and such other
in case he is not brought to trial w/n the time evidence as the court may require. (4a)
limits. – to file motion to dismiss on the ground
Section 13. Examination of defense witness; how (c) The testimony of said accused can be
made. — If the court is satisfied that the examination of a substantially corroborated in its material points;
witness for the accused is necessary, an order will be
made directing that the witness be examined at a specified (d) Said accused does not appear to be the
date, time and place and that a copy of the order be most guilty; and
served on the prosecutor at least three (3) days before the
scheduled examination. The examination shall be taken (e) Said accused has not at any time been
before a judge, or, if not practicable, a member of the Bar convicted of any offense involving moral turpitude.
in good standing so designated by the judge in the order,
Evidence adduced in support of the discharge shall
or if the order be made by a court of superior jurisdiction,
automatically form part of the trial. If the court denies the
before an inferior court to be designated therein. The
motion for discharge of the accused as state witness, his
examination shall proceed notwithstanding the absence of
sworn statement shall be inadmissible in evidence. (9a)
the prosecutor provided he was duly notified of the
hearing. A written record of the testimony shall be taken.  A state witness is one or two or more persons
(5a) jointly charged with the commission of a crime
but who is discharged with his/her consent as
Section 14. Bail to secure appearance of material such accused so that he/she may be a witness
witness. — When the court is satisfied, upon proof or for the State.
oath, that a material witness will not testify when required,
it may, upon motion of either party, order the witness to Requirements before an accused may be discharged
post bail in such sum as may be deemed proper. Upon as State witness:
refusal to post bail, the court shall commit him to prison
until he complies or is legally discharged after his 1. There is absolute necessity for the testimony of the
testimony has been taken. (6a) accused whose discharge is requested. Absolute
necessity means that he alone has personal knowledge of
Section 15. Examination of witness for the the crime and not when his testimony would simply
prosecution. — When it satisfactorily appears that a corroborate or strengthen the evidence for the
witness for the prosecution is too sick or infirm to appear prosecution.
at the trial as directed by the order of the court, or has to
leave the Philippines with no definite date of returning, he 2. No other direct evidence for the prosecution;
may forthwith be conditionally examined before the court
where the case is pending. Such examination, in the 3. Testimony can be substantially corroborated in its
presence of the accused, or in his absence after material points;
reasonable notice to attend the examination has been
4. Among the accused, he does not appear to be the most
served on him, shall be conducted in the same manner as
guilty; but need not be the least guilty
an examination at the trial. Failure or refusal of the
accused to attend the examination after notice shall be 5. Accused has never been convicted of an offense
considered a waiver. The statement taken may be involving moral turpitude; and
admitted in behalf of or against the accused. (7a)
6. The application for discharge is filed by the prosecution
Section 16. Trial of several accused. — When two or before the defense has offered its evidence.
more accused are jointly charged with any offense, they
shall be tried jointly unless the court, in its discretion and  If an accused is discharged as state witness,
upon motion of the prosecutor or any accused, orders he/she will be acquitted and this will result to
separate trial for one or more accused. (8a) double jeopardy for the same offense, provided
that the evidence adduced in support of the
Section 17. Discharge of accused to be state witness. discharge shall automatically form part of the
— When two or more persons are jointly charged with the trial. But if the court denies the motion to
commission of any offense, upon motion of the discharge the accused as state witness, his/her
prosecution before resting its case, the court may direct sworn statement shall be inadmissible as
one or more of the accused to be discharged with their evidence.
consent so that they may be witnesses for the state when,
after requiring the prosecution to present evidence and the However, acquittal will not work:
sworn statement of each proposed state witness at a
hearing in support of the discharge, the court is satisfied -if accused fails or refuses to testify against his/her co-
that: accused as basis for the discharge;

(a) There is absolute necessity for the testimony - failure to testify refers exclusively to accused’s will or
of the accused whose discharge is requested; fault; or

(b) The is no other direct evidence available for - If accused later retracts and fails to keep his promise to
the proper prosecution of the offense committed, except testify
the testimony of said accused;
Section 19. When mistake has been made in charging
Section 18. Discharge of accused operates as the proper offense. — When it becomes manifest at any
acquittal. — The order indicated in the preceding section time before judgment that a mistake has been made in
shall amount to an acquittal of the discharged accused charging the proper offense and the accused cannot be
and shall be a bar to future prosecution for the same convicted of the offense charged or any other offense
offense, unless the accused fails or refuses to testify necessarily included therein, the accused shall not be
against his co-accused in accordance with his sworn discharged if there appears good cause to detain him. In
statement constituting the basis for the discharge. (10a) such case, the court shall commit the accused to answer
for the proper offense and dismiss the original case upon demurrer to evidence within a similar period from its
the filing of the proper information. (11a) receipt.

 This is predicated on the fact that an accused The order denying the motion for leave of court to file
has the right to be informed of the nature and demurrer to evidence or the demurrer itself shall not be
cause of the accusation against him; otherwise, reviewable by appeal or by certiorari before judgment. (n)
there is denial of that right.
 A demurrer to evidence is a motion to dismiss
Section 20. Appointment of acting prosecutor. — due to the insufficiency of the evidence
When a prosecutor, his assistant or deputy is disqualified presented by the prosecution to overturn the
to act due to any of the grounds stated in section 1 of Rule presumption of innocence in favor of the
137 or for any other reasons, the judge or the prosecutor accused.
shall communicate with the Secretary of Justice in order
that the latter may appoint an acting prosecutor. (12a)  A criminal action may be dismissed on the
grounds of insufficiency of evidence as initiated
Section 21. Exclusion of the public. — The judge by the court motu propio, after giving the
may, motu proprio, exclude the public from the courtroom prosecution the opportunity to be heard or upon
if the evidence to be produced during the trial is offensive demurrer to evidence filed by the accused.
to decency or public morals. He may also, on motion of
the accused, exclude the public from the trial, except court HOW DEMURRER IS MADE
personnel and the counsel of the parties. (13a)
1. With leave of court – if the motion is denied, he can
Section 22. Consolidation of trials of related offenses. still present evidence. The motion for leave of court must
— Charges for offenses founded on the same facts or be filed within a non-extendible period of 5 days after the
forming part of a series of offenses of similar character prosecution rests its case.
may be tried jointly at the discretion of the court. (14a)
If leave is granted, the accused shall file the demurrer to
Generally, the accused has the right to a public trial and evidence w/n a non-extendible period of 10 days from
under ordinary circumstances, the court may not close the notice of the grant of leave of court.
door of the courtroom to the general public.
The prosecution may oppose the demurrer to evidence
EXCEPTION: where the evidence to be produced during w/n a non-extendible period of 10 days from receipt of the
trial is of such character as to be offensive to decency or demurrer.
public moral, the court may motu propio exclude the public
2. W/o leave of court – if the motion is denied, the
from the courtroom.
accused loses the right to present evidence and the case
 The court may, on motion of the accused for will be deemed submitted for decision.
valid reasons, exclude the public from trial
 In the event that the accused insists on filing the
except counsels and court personnel.
demurrer to evidence despite denial of the
 The object of consolidation of trials of related motion for leave, the previously scheduled dates
cases is to avoid multiplicity of suits, guard for the accused to present evidence shall be
against oppression or abuse, prevent delay, cancelled.
clear congested dockets, simplify the work of
 On the test of sufficiency of prosecution’s
the trial court, and save unnecessary cost and
evidence, it was stated that the prosecution
expenses.
must prove beyond reasonable doubt the:
Section 23. Demurrer to evidence. — After the
(a) Commission of the crime; and
prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (1) on its (b) The precise degree of participation of the
own initiative after giving the prosecution the opportunity accused.
to be heard or (2) upon demurrer to evidence filed by the
accused with or without leave of court. Section 24. Reopening. — At any time before finality of
the judgment of conviction, the judge may, motu proprio or
 If the court denies the demurrer to evidence filed upon motion, with hearing in either case, reopen the
with leave of court, the accused may adduce proceedings to avoid a miscarriage of justice. The
evidence in his defense. When the demurrer to proceedings shall be terminated within thirty (30) days
evidence is filed without leave of court, the from the order grating it. (n)
accused waives the right to present evidence
and submits the case for judgment on the basis POINTS TO PONDER
of the evidence for the prosecution. (15a)
 After pre-trial or after unsuccessful mediation for
The motion for leave of court to file demurrer to evidence mediatable offenses, the court will give the
shall specifically state its grounds and shall be filed within accused 15 days to prepare for trial. Trial shall
a non-extendible period of five (5) days after the be held w/n 30 days from receipt of the pre-trial
prosecution rests its case. The prosecution may oppose order.
the motion within a non-extendible period of five (5) days
from its receipt.  The court must terminate the trial stage w/n 180
days from its commencement. Under the
If leave of court is granted, the accused shall file the Revised Guidelines, one witness must be
demurrer to evidence within a non-extendible period of ten presented in one day. This means that the entire
(10) days from notice. The prosecution may oppose the testimony of the said witness will be terminated
in one day.
  When we say terminate in one day, the witness
must have undergone the entire examination (a) That errors of law or irregularities prejudicial to the
process (direct, cross, redirect, if any, re-cross, substantial rights of the accused have been committed
if any). during the trial;

 There are only 2 reasons for postponing a court (b) That new and material evidence has been discovered
hearing. One is force majeure and another is which the accused could not with reasonable diligence
physical inability of the witness to appear and have discovered and produced at the trial and which if
testify. Postponement fees must be paid. introduced and admitted would probably change the
judgment.
 Schedule of trial dates agreed upon during pre-
trial shall not be adjusted because of Sec. 3. Ground for reconsideration. – The court shall
postponement. grant reconsideration on the ground of errors of law or fact
in the judgment, which requires no further proceedings.
 Postponements are as much as possible, be
avoided. Sec. 4. Form of motion and notice to the prosecutor. –
The motion for new trial or reconsideration shall be in
 A material witness may be required to post bail
writing and shall state the grounds on which it is based. If
to ensure appearance.
based on a newly-discovered evidence, the motion must
 It is possible that a witness may be examined in be supported by affidavits of witnesses by whom such
a remote place, especially if the witness is sick evidence is expected to be given or by duly authenticated
or infirm or is physically far from the court. This copies of documents which are proposed to be introduced
is so especially that video conferencing is in evidence. Notice of the motion for new trial or
allowed. reconsideration shall be given to the prosecutor.

 If there are several accused that are charged, Sec. 5. Hearing on motion. – Where a motion for new
the court may conduct either a separate trial or trial calls for resolution of any question of fact, the court
a joint trial. may hear evidence thereon by affidavits or otherwise.

 An accused can be discharged and be a state Sec. 6. Effects of granting a new trial or
witness. reconsideration. – The effects of granting a new trial or
reconsideration are the following:
 If an accused is discharged to be a state
witness and has complied with the (a) When a new trial is granted on the ground of errors of
requirements, the accused turned witness is law or irregularities committed during the trial, all the
acquitted. proceedings and evidence affected thereby shall be set
aside and taken anew. The court may, in the interest of
 The court has the right to order the exclusion of justice, allow the introduction of additional evidence.
the public during hearings. This usually happens
in a criminal case involving minor victims. (b) When a new trial is granted on the ground of newly-
Chamber hearings may also be conducted. discovered evidence, the evidence already adduced shall
stand and the newly-discovered and such other evidence
 Consolidation is different from duplicity of as the court may, in the interest of justice, allow to be
offenses. introduced shall be taken and considered together with the
evidence already in the record.
 The only ground for demurrer to evidence is
insufficiency of evidence. This means that the (c) In all cases, when the court grants new trial or
prosecution failed to discharge its burden in reconsideration, the original judgment shall be set aside or
proving the crime against the accused. Allowing vacated and a new judgment rendered accordingly.
demurrer to evidence is consistent with the
presumption of innocence. Grounds for new trial

 The court has the power to reopen the case in a. Errors of law or irregularities prejudicial to the
the interest of substantial justice. substantial rights of the accused have been committed
during the trial. Irregularities must be with such
 Purpose of trial is to receive and identify all seriousness as to affect prejudicially the substantial rights
types of evidence: testimonial evidence, of the accused.
documentary evidence, and object evidence.
b. New and material evidence had been discovered which
the accused could not, with reasonable diligence, have
discovered and produced at the trial and which, if
RULE 122
introduced and admitted, would probably change the
APPEALS judgment.

Section 1. New trial or reconsideration. – At any time REQUISITES BEFORE A NEW TRIAL MAY BE
before a judgment of conviction becomes final, the court GRANTED ON THE GROUND OF NEWLY
may, on motion of the accused or at its own instance but DISCOVERED EVIDENCE.
with the consent of the accused, grant a new trial or
Tejada v. People,
reconsideration.
a. The evidence was discovered after the trial;
Sec. 2. Grounds for a new trial. – The court shall grant a
new trial on any of the following grounds:
b. The evidence could not have been discovered and - Rule 42 [petitions for review from the RTC to
produced at the trial even with the exercise of the Court of Appeals]
reasonable diligence;
- Rule 43 [appeal from quasi-judicial agencies to
c. The evidence is material, not merely the Court of Appeals]
cumulative/corroborative/impeaching; and
- Rule 45 [ appeal by certiorari to the Supreme
d. The evidence is of such weight that it would probably Court]
change the judgment if admitted
POINTS TO PONDER
Grounds for reconsideration
There are 2 grounds for new trial:
The court shall grant on the ground of errors of law or fact
in the judgment, which require no further proceedings. 1. Newly discovered evidence;

FORM OF MR/MNT 2. Errors of law or irregularities prejudicial to the

substantial rights of the accused.
a. In writing;
Newly discovered evidence is not the same as forgotten
b. Must state the grounds on which it is based evidence.

c. If based on newly discovered evidence, it must be Example of irregularities is if the accused without fault was
supported by (1) the affidavits of the witnesses by not given a chance to testify in court.
whom such evidence is expected to be given, or (2)
duly authenticated copies of documents Grounds for reconsideration are broader as it includes
“any” error in the application of law or in the appreciation
[Notice of motion shall be given to the prosecutor.] of facts.

EFFECTS OF GRANTING A NEW TRIAL OR ● Appeal only pertains to conviction because there is
RECONSIDERATION already double jeopardy in acquittal. The exception is
in cases of a special civil action on certiorari under
a. The original judgment is set aside or vacated Rule 65.
b. A new judgment is rendered accordingly. There are 2 modes of appeal:
NOTA BENE: A motion for reconsideration is a prohibited 1. Notice of appeal
pleading in cases covered by the Rule on Summary
Procedure. 2. Petition for review

Criminal Cases covered by the Rule on Summary Appeal must be made within fifteen (15) days from
Procedure [Section 1, (B) of the Revised RSP] promulgation of judgment or from notice of final order
appealed. If the accused filed a motion for reconsideration
1. Violations of traffic laws, rules and regulations; and was denied, the accused has a fresh period of fifteen
(15) days to perfect an appeal.
2. Violations of the rental law;
Notice of appeal is filed in the court which rendered the
3. Violations of municipal or city ordinances;
judgment of conviction or court that issued the final order
4. All other criminal cases where the penalty prescribed while a petition of review is filed in the higher court with
by law for the offense charged is imprisonment not notice to the lower court which rendered the assailed
exceeding 6 months, or a fine not exceeding 1000 judgment.
pesos, or both, irrespective of other imposable
Withdrawal of the appeal is allowed before the complete
penalties, accessory or otherwise, or of the civil
records are forwarded to the appeal court. But in the case
liability arising therefrom. In RIR to Damage to
Property through criminal negligence, this Rule shall of the Regional Trial Court, the withdrawal may still be
govern where the imposable fine does not exceed made at its discretion.
10,000 pesos.
RULE 130
[penalty is arresto mayor]
TESTIMONIALEVIDENCE

SECTION 20 Witnesses; their qualifications. - Except

as provided in the next succeeding section, all persons
who can perceive, and perceiving, can make their
NEYPES DOCTRINE perception known to others, may be witnesses.

● This doctrine allows a fresh period of 15 days within Religious or political belief, interest in the outcome of the
which to file the notice of appeal, counted from the case, or conviction of a crime unless otherwise provided
receipt of the order denying a MNT or MR. by law, shall not be ground for disqualification.

● Neypes v. Court of Appeals, declared that: SECTION 21 Disqualification by reason of mental

“Henceforth, this ‘fresh period rule’ shall apply to: incapacity or immaturity. – The following persons cannot
be witnesses:
- Rule 40 [appeal from MTC to RTC];
 (a) Those whose mental condition, at the time of SECTION 25 Parental and filial privilege. – No person
their production for examination, is such that may be compelled to testify against his parents, other
they are incapable of intelligently making known direct ascendants, children or other direct descendants.
their perception to others;
OPINION RULE
(b) Children whose mental maturity is such as to
render them incapable of perceiving the facts SECTION 48 General rule. – The opinion of witness is not
respecting which they are examined and of admissible, except as indicated in the following questions.
relating them truthfully.
SECTION 49 Opinion of expert witness. – The opinion
SECTION 22 Disqualification by reason of marriage. – of witness on a matter requiring special knowledge, skill,
During their marriage, neither the husband nor the wife experience, or training which he was shown to possess
may testify for or against the other without the consent of may be received in evidence.
the affected spouse, except in a civil case by one against
the other, or in a criminal case for a crime committed by SECTION 50 Opinion of ordinary witness. – The opinion
one against the other or the latter’s direct descendants or of a witness for which proper bases is given, may be
ascendants. received in evidence regarding –

SECTION 23 Disqualification by reason of death or (a) The identity of a person about whom he has
insanity of adverse party. – Parties or assignor of adequate knowledge;
parties to a case, or persons to a case, or persons in
(b) A handwriting with which he has sufficient familiarity;
whose behalf a case is prosecuted, against an executor or
and
administrator or other representative of a deceased
person, or against a person of unsound mind, upon a (c) The mental sanity of a person with whom he is
claim or demand against the estate of the deceased sufficiently acquainted
person or against such a person of unsound mind, cannot
testify as to any matter of fact occurring before death of The witness may also testify on his impressions of the
such deceased person or before such person became of emotion, behavior, condition or appearance of a person.
unsound mind.

SECTION 24 Disqualification by reason of privileged

communication. – The following persons cannot testify
as to matters learned in confidence in the following cases:
RULE 132
(a) The husband or wife, during or after the marriage,
cannot be examined without the consent of the other PRESENTATION OF EVIDENCE
as to any communication received in confidence by
SECTION 1 Examination to be done in open court. –
one from the other during the marriage except in a
The examination of witnesses presented in a trial or
civil case by one against another, or in a criminal
hearing shall be done in open court, and under oath or
case for a crime committed by one against the other
affirmation. Unless the witness is incapacitated to speak,
or the latter’s direct descendants or ascendants;
or the questions calls for a different mode of answer, the
(b) An attorney cannot, without the consent of his client, answers of the witness shall be given orally.
be examined as to any communication made by the client
SECTION 2 Proceedings to be recorded. – The entire
to him, or his advice given thereon in the course of, or with
proceedings of a trial or hearing, including the questions
a view to, professional employment, nor can an attorney’s
propounded to a witness and his answers thereto, the
secretary, stenographer, or clerk be examined, without the
statements made by the judge or any of the parties,
consent of the client and his employer, concerning any fact
counsel, or witnesses with reference to the case, shall be
the knowledge of which has been acquired in such
recorded by any means of shorthand or stenotype or by
capacity.
other means of recording found suitable by the court.
(c) A person authorized to practice medicine, surgery, or
A transcript of the record of the proceedings made by the
obstetrics cannot in a civil case, without the consent of the
official stenographer, stenotypist or recorder and certified
patient, be examined as to any advice or treatment given
as correct by him shall be deemed prima facie a correct
by him or any information which he may have acquired in
statement of such proceedings.
attending such patient in a professional capacity and
which would blacken the reputation of the patient. SECTION 3 Rights and obligations of a witness. – A
witness must answer questions, although his answer may
(d) A minister or priest cannot, without the consent of the
tend to establish a claim against him. However, it is the
person making the confession, be examined as to any
right of a witness:
confession made to or any advice given by him in his
professional character in the course of discipline enjoined (1) To be protected from irrelevant, improper, or insulting
by the church to which the minister of priest belongs; questions and from harsh or insulting demeanor;
(e) A public officer cannot be examined during his term (2) Not to be detained longer than the interests of justice
of office or afterwards, as to communications made to him require;
in official confidence, when the court finds that the public
interest would suffer by the disclosure. (3) Not to be examined except only as to matters
pertinent to the issue;
TESTIMONIAL PRIVILEGE
(4) (4) Not to give an answer which will tend to subject A misleading question is one which assumes as true a fact
him to a penalty for an offense unless otherwise not yet testified to by the witness, or contrary to that which
provided by law: or) he has previously stated. It is not allowed.

(5) (5) Not to give an answer which will tend to SECTION 11 Impeachment of adverse party's witness.
degrade his reputation, unless it to be the very fact at - A witness may be impeached by the party against whom
issue or to a fact from which the fact in issue would he was called, by contradictory evidence, by evidence that
be presumed. But a witness must answer to the fact his general reputation for truth, honesty, or integrity is bad,
of his previous final conviction for an offense. or by evidence that he has made at other times
statements inconsistent with his present testimony, but not
SECTION 4 Order in examination of an individual by evidence of particular wrongful acts, except that it may
witness. – The order in which the individual witness may be shown by the examination of the witness, or the record
be examined is as follows: of the judgment, that he has been convicted of an offense
(1) Direct examination by the proponent; SECTION 12 Party may not impeach his own witness. -
Except with respect to witnesses referred to in paragraphs
(2) Cross-examination by the opponent;
(d) and (e) of Section 10, the party producing a witness is
(3) Re-direct examination by the proponent; not allowed to impeach his credibility.

(4) Re-cross-examination by the opponent. A witness may be considered as unwilling or hostile only if
so declared by the court upon adequate showing of his
SECTION 5 Direct examination. – Direct examination is adverse interest, unjustified reluctance to testify, or his
the examination-in-chief- of a witness by the party having misled the party into calling him to the witness
presenting him on the facts relevant to the issue. stand.

SECTION 6 Cross-examination; its purpose and The unwilling or hostile witness so declared, or the witness
extent. – Upon the termination of the direct examination, who is an adverse party, may be impeached by the party
the witness may be cross-examined by the adverse party presenting him in all respects as if he had been called by
as to any matters stated in the direct examination, or the adverse party, except by evidence of his bad
connected therewith, with sufficient fullness and freedom character. He may also be impeached and cross-
to test his accuracy and truthfulness and freedom from examined by the adverse party, but such cross-
interest or bias, or the reverse, and to elicit all important examination must only be on the subject matter of his
facts bearing upon the issue. examination-in-chief.

SECTION 7 Re-direct examination; its purpose and SECTION 13 How witness may be impeached by
extent. – After the cross-examination of the witness has evidence of inconsistent statements. - Before a witness
been concluded, he may be re-examined by the party can be impeached by evidence that he has made at other
calling him, to explain or supplement his answers given times statements inconsistent with his present testimony,
during the cross-examination. On re-direct-examination, the statements must be related to him, with the
questions on matters not dealt with during the cross- circumstances of the times and places and the persons
examination, may be allowed by the court in its discretion. present, and he must be asked whether he made such
statements, and if so, allowed to explain them. If the
SECTION 8 Re-cross-examination. - Upon the statements be in writing they must be shown to the
conclusion of the re-direct examination, the adverse party witness before any question is put to him concerning
may re-cross-examine the witness on matters stated in his them.
re-direct examination, and also on such other matters as
may be allowed by the court in its discretion. SECTION 14 Evidence of good character of witness. -
Evidence of the good character of a witness is not
SECTION 9 Recalling witness. - After the examination of admissible until such character has been impeached.
a witness by both sides has been concluded, the witness
cannot be recalled without leave of the court. The court SECTION 15 Exclusion and separation of witnesses. -
will grant or withhold leave in its discretion, as the interests On any trial or hearing, the judge may exclude from the
of justice may require. court any witness not at the time under examination, so
that he may not hear the testimony of other witnesses.
SECTION 10 Leading and misleading questions. - A The judge may also cause witnesses to be kept separate
question which suggests to the witness the answer which and to be prevented from conversing with one another
the examining party desires is a leading question. It is not until all shall have been examined.
allowed, except:
SECTION 16 When witness may refer to
(a) On cross examination; memorandum. - A witness may be allowed to refresh his
memory respecting a fact, by anything written or recorded
(b) On preliminary matters; by himself or under his direction at the time when the fact
occurred, or immediately thereafter, or at any other time
(c) When there is a difficulty in getting direct and
when the fact was fresh in his memory and knew that the
intelligible answers from a witness who is ignorant, or a
same was correctly written or recorded; but in such case
child of tender years, or is of feeble mind, or a deaf-mute;
the writing or record must be produced and may be
(d) Of an unwilling or hostile witness; or inspected by the adverse party, who may, if he chooses,
cross examine the witness upon it, and may read it in
(e) Of a witness who is an adverse party or an officer, evidence. So, also, a witness may testify from such writing
director, or managing agent of a public or private or record, though he retain no recollection of the particular
corporation or of a partnership or association which is an facts, if he is able to swear that the writing or record
adverse party.
correctly stated the transaction when made; but such trial court as it is in the best position to observe his/her
evidence must be received with caution. demeanor and bodily movements.

SECTION 17 When part of transaction, writing or DISQUALIFICATIONS OF WITNESSES

record given in evidence, the remainder admissible. -
When part of an act, declaration, conversation, writing, or - As to the SUBJECT MATTER
record is given in evidence by one party, the whole of the
same subject may be inquired into by the other, and when A person is not disqualified by reason of his/her interest in
a detached act, declaration, conversation, writing, or the subject matter. Interest only affects credibility, not
record is given in evidence, any other act, declaration, competency.
conversation, writing, or record necessary to its
- As to the RELATIONSHIP
understanding may also be given in evidence.
Mere relationship does not impair credibility. To warrant
SECTION 18 Right to inspect writing shown to rejection, bit must be clearly shown that the testimony was
witness. - Whenever a writing is shown to a witness, it inherently improbable or defective or improper/evil motives
may be inspected by the adverse party. had moved the witness to incriminate falsely.
CONCEPT OF A WITNESS Important: Disqualification by reason of mental incapacity
or immaturity (previously Sec. 21, Rule 130) and
A witness is one who, being present, personally sees or
disqualification by reason of death or insanity of adverse
perceives a thing, a beholder, spectator, or eyewitness.
party aka Dead Man's Statute (previously Sec. 23, Rule
One who testifies to what he/she has seen or heard, or
130) have been deleted in the 2019 Revisions.
otherwise observed.
- Disqualification by Reason of Marriage
All persons who can perceive, and perceiving, can make
known their perception to others, may be witnesses. This is known as Marital Disqualification Rule or
Religious/political belief, interest in the outcome of the Spousal Immunity.
case, or conviction of a crime unless otherwise provided
by law, shall not be ground for disqualification. For this disqualification to exist, the disqualification should
be claimed during their marriage, and such marriage must
QUALIFICATIONS OF WITNESSES be valid and existing at the time of the offer of the
testimony. Also, the husband or the wife cannot testify
а. The witness can perceive
against the other, and the "other" spouse must be a party
Corollary to perception is that the witness must have to the action, either as a plaintiff or defendant.
personal knowledge of the facts surrounding the subject
However, a spouse may testify against the other even
matter of his testimony
without the consent of the latter in a civil case by one
b. The witness can make known his/her perception. This against the other or in a criminal case for a crime
means that the witness must have ability to remember and committed by one against the other or the latter's direct
communicate the remembered perception. descendants/ascendants.

c. The witness must take an oath or affirmation BASES

d. The witness must not possess any of the 1. There is identity of interests between husband and wife.
disqualifications.
2. If one were to testify against the other, there is a
A deaf-mute is competent to be a witness so long as consequent danger of perjury.
he/she has the faculty to make observations and he/she
3. Policy of the law is to guard the security and confidence
can make those observations known to others. There is no
of private life, and to prevent domestic disunion and
substantive or procedural rule which requires a witness for
unhappiness.
a party to present some form of authorization to testify as
a witness for the party presenting him/her. 4. Where there is want of domestic tranquility, there is
danger of punishing one spouse through the hostile
Qualification of a witness is determined at the time the
testimony of the other.
said witness is produced for examination or at the taking
of their depositions. With respect to children of tender COVERAGE
years, competence at the time of the occurrence is also
taken into account The rule also includes utterance as to facts or mere
production of documents. It does not only prevent
COMPETENCY OF A WITNESS PRESUMED disclosure of matters communicated in nuptial confidence
but is an absolute prohibition against the spouse’s
A person who takes the witness stand is presumed to
testifying to any facts affecting the other, however these
possess the qualifications of a witness. His/her
facts may have been acquired.
competence may be questioned by the other party by
interposing an objection.

CREDIBILITY OF A WITNESS WAIVER OF DISQUALIFICATION

Credibility has nothing to do with the law or the rules. It If one spouse imputes the commission of a crime against
refers to the weight and trustworthiness or reliability of the the other, the latter may testify against the former.
testimony. Questions concerning the credibility of a
witness are best addressed to the sound discretion of the Spouses as Co-Accused
The other cannot be called as an adverse party witness thereon in the course of, or with a view to, professional
under this rule. employment, nor can an attorney's secretary,
stenographer, or clerk be examined, without the consent of
- Disqualifications by Reason of Privileged the client and his her employer, concerning any fact the
Communications; Rule on Third Parties knowledge of which has been acquired in such capacity.
Privilege EXCEPTIONS:
A privilege is a rule of law that, to protect a particular 1. When a strong probability exists that revealing the
relationship or interest, either permits a witness to refrain name would implicate that person in the very same
from giving testimony he/she otherwise could be activity for which he sought the lawyer's advice
compelled to give, or permits someone usually one of the
parties, to prevent the witness from revealing certain 2. When disclosure would open the client to liability
information.
3. When the name would furnish the only link that would
Privilege may only be invoked by the persons protected form the chain of testimony necessary to convict.
thereunder. It may also be waived by the same persons,
either impliedly or expressly. 4. Physician and Patient

IMPORTANT: This section was substantially amended in In this privilege, a person authorized to practice medicine,
the 2019 Revised Rules. surgery, or obstetrics cannot in a civil case, without the
consent of the patient, be examined as to any advice or
- Husband and Wife treatment given by him/her or any information which
he/she may have acquired in attending such patient in a
Also known as marital privilege due to the confidential professional capacity, which information was necessary to
nature of the privilege and to preserve marital and enable him/her to act in capacity, and which would blacken
domestic relations. the reputation of the patient;

1. The husband or the wife; Important: This privilege also applies to persons, including
members of the patient's family, who have participated in
2. During or after the marriage; the diagnosis or treatment of the patient under the
direction of the physician or psychotherapist.
3. Cannot be examined;
In the case of Lim v. Court of Appeals, it was stated that
4. Without the consent of the other;
this privileged communication for physician and patient is
5. As to any communication received in confidence by not applicable to the following:
one from the other during the marriage.
1. Communication was not given in confidence
However, a spouse may testify for or against the other
2. Communication was irrelevant to the professional
even without the consent of the latter:
employment
1. In a civil case by one against the other; or
3. Communication was made for an unlawful purpose
2. In a criminal case for a crime committed by one
4. Communication was intended for the
against the other or the latter’s direct descendants or
commission/concealment of a crime
ascendants.
5. Communication was intended to be made
Not Applicable When:
public/divulged in court
1. Communication was not intended to be kept in
6. When there was a waiver
confidence
7. When the doctor was presented as an expert witness
2. Communication was made prior to the marriage
and only hypothetical problems were presented to
3. Waiver privilege him/her

WAIVER OF THE PRIVILEGE Waiver of the privilege can be by way of an express waiver
or thru an implied waiver by failing to object.
1. Failure of the spouse to object, or
- Priest and Penitent
2. Calling spouse as witness on cross-examination
The witness should be a minister or priest or person
3. Any conduct constructed as implied consent. reasonably believed to be so.

The objection to the competency of the spouse must be There should be no consent of the affected person. The
made when he/she is first offered as a witness. The priest cannot be examined as to any communication,
incompetency is waived by failure to make a timely confession made to; or advice given by him/her, in his/her
objection to the admission of spouse's testimony. professional character and in the course of discipline
enjoined by the church to which the minister or priest
- Attorney and Client belongs.

In this privilege, an attorney cannot, without the consent of In this privilege, a public officer cannot be examined
his/her client, be examined as to any communication during his/her term of office or afterward, as to
made by the client to him/her, or his/her advice given communications made to him/her in official confidence,
when the court finds that the public interest would suffer Witnesses have the rights to be protected from irrelevant,
by the disclosure. improper, or insulting questions, and from harsh or
insulting demeanor, not to be detained longer than the
The privilege is not intended for the protection of public interests of justice require, to only be examined as to
officers but for the protection of the public interest. When matters pertinent to the issue, not to give an answer which
no public interest would be prejudiced, this privilege will tend to subject him/her to a penalty for an offense, not
cannot be invoked. to give an answer which will tend to degrade his/her
reputation.
RULE ON THIRD PARTIES
Exceptions to these are when the answer is the very fact
The communication shall remain privileged, even in the in issue and when the answer is a fact from which the fact
hands of a third person who may have obtained the in issue would be presumed. An exception to this
information, provided that the original parties to the exception would be that he/she must answer to the fact of
communication took reasonable precaution to protect its his/her previous final conviction for an offense.
confidentiality.
OBLIGATIONS OF WITNESSES
Important: This amendment is a stark contrast from the
previous rule which removes the privilege from A witness must answer questions, although his/her answer
communication that landed in the hands of third parties. may tend to establish a claim against him/her.

- Parental and Filial Privilege Rule ONE-DAY EXAMINATION OF WITNESS RULE

The rule is applicable to criminal actions. A witness has to be fully examined in one (1) day only. It
shall be strictly adhered to subject to the courts' discretion
In the case of Lee v. Court of Appeals, the privilege during trial on whether or not to extend the direct and/or
cannot apply between stepmothers and stepchildren cross-examination for justifiable reasons.
because the rule applies only to direct ascendants and
descendants, a family tie connected by a common Order in the Examination of an Individual Witness
ancestry.
1. Direct examination by the proponent
In the case of People v. Invencion, a child can waive the
filial privilege and choose to testify against his father. The 2. Cross-examination by the opponent
rule refers to a privilege not to testify, which can be
invoked or waived like other privileges. 3. Redirect examination by the proponent

- Trade Secrets 4. Recross-examination by the opponent

A person cannot be compelled to testify about any trade Direct examination - examination-in-chief of a witness by
secret except if the non-disclosure will conceal fraud or the party presenting him/her on the facts relevant to the
otherwise work injustice. When disclosure is directed, the issue .
court shall take protective measures, as required by the
Cross-examination - the witness may be cross examined
interests of the owner of the trade secret, the interests of
by the adverse party on any relevant matter with sufficient
the parties; and the furtherance of justice.
fullness and freedom
EXAMINATION OF WITNESSES
Cross-examination is to test the witness' accuracy,
Examination of a witness shall be done in open court and truthfulness, and freedom from interest or bias, or the
under oath or affirmation. reverse; and to elicit all important facts bearing upon the
issue.
Answers shall be given orally, unless the witness is
incapacitated to speak, or the question calls for a different RIGHT TO CROSS-EXAMINATION
mode of answer.
Cross-examination is the most reliable and effective way
Proceedings are to be recorded, including the questions known of testing the credibility and accuracy of testimony.
propounded to a witness and his/her answers thereto, the This is an essential element of due process. The right to
statements made by the judge or any of the parties, cross-examine under the constitution is superior to
counsel, or witnesses with reference to the case by means technical rules on evidence.
of shorthand or stenotype of by other means of recording
EFFECT OF DENIAL OF RIGHT TO CROSS EXAMINE
found suitable by the court.
Most courts require that the testimony given on direct
Transcript of Stenographic Notes (TSN)
examination be stricken off-provided the unavailability of
A transcript of the record of the proceedings made by the the witness is through no fault of the party seeking to
official stenographer, stenotypist, or recorder and certified cross-examine.
as correct by him/her shall be deemed prima facie a
Cross-examination must be completed or finished. When
correct statement of such proceedings.
cross-examination is not and cannot be done or completed
due to causes attributable to the party offering the witness,
the uncompleted testimony is thereby rendered
EXCLUSION AND SEPARATION OF WITNESSES incompetent.

- Rights and Obligations of a Witness Redirect examination--re-examination of the witness by

the party calling him/her.
The purpose of a redirect examination is to explain or examination must only be on the subject matter of his
supplement his/her answers given during the cross- examination-in-chief.
examination. Questions on matters not dealt with during
the cross-examination may be allowed by the court in its IMPEACHMENT OF WITNESSES BY EVIDENCE OF
discretion. INCONSISTENT STATEMENTS

Recross-examination - recross-examination of the a. The statements must be related to him/her, with the
witness by the adverse party on matters stated in his/her circumstances of the times and places and the
redirect and on other matters allowed by the court in its persons present.
discretion
b. He/She must be asked whether he/she made such
RECALLING THE WITNESS statements, and if so, allowed to explain them.

After examination by both sides has been concluded, the c. If the statements are in writing they must be shown to
witness cannot be recalled without leave of court. the witness before any question is put to him/her
concerning them.
In the case of People v. Rivera, the reasons why a redirect
examination should be conducted: REFERRAL OF WITNESS TO MEMORANDUM

1. Particularly identified material points were not A witness may be allowed to refresh his her memory
covered in cross-examination respecting a fact by anything written or recorded, by
himself/herself or under his/her direction, at the time when
2. Particularly described vital documents were not the fact occurred, or immediately thereafter, or at any
presented to the witness other time when the fact was fresh in his/her memory and
he/she knew that the same was correctly written or
3. Cross-examination was conducted in so inept a recorded. The writing or record must be produced and
manner as to result in a virtual absence thereof may be inspected by the adverse party, who may, if he/she
chooses, cross-examine the witness upon it, and may
Leading and Misleading Questions read it in evidence.
This is allowed during A witness may also testify from such a writing or record,
though he/she retain no recollection of the particular facts,
a. Cross examination;
if he/she is able to swear that the writing or record
b. Preliminary matters; correctly stated the transaction when made; but such
evidence must be received with caution.
c. When there is difficulty in getting direct and intelligible
answers from a witness who is ignorant, or a child of RIGHT TO INSPECT WRITING SHOWN TO WITNESS
tender years, or is feeble mind, or a deaf-mute
Whenever a writing is shown to a witness, it may be
d. Of an unwilling or hostile witness; or inspected by the adverse party.

e. Of a witness who is an adverse party or an officer, - Examination of a child witness

director, or managing agent of a public or private
corporation or of a partnership or association which is Unless otherwise provided, this rule shall govern the
an adverse party. examination of a child witness who are: (1) victims of a
crime; (2) accused of a crime; (3) witnesses to a crime.
A misleading question is one which assumes as true a fact
not yet testified to by the witness, or contrary to that which The rule applies to all criminal and noncriminal
he/she has previously stated. It is not allowed yet. proceedings involving child witnesses

- Impeachment of Witness CONCEPT OF CHILD WITNESS

An adverse party’s witness can be impeached by: A child witness is any person who at the time of giving
testimony is:
a. Contrary evidence;
1. Below the age of 18 years; or
b. Evidence that his/her general reputation for truth,
honesty, or integrity is bad; or 2. In child abuse cases, may be over 18 but is found by
the court unable to fully take care of himself/herself or
c. Evidence that he/she has made, at other times, protect himself/herself from abuse, neglect, cruelty,
statements inconsistent with his/her present exploitation, or discrimination because of a physical
testimony. or mental disability or condition.

However, he/she may not be impeached by evidence of The court has the duty of continuously assessing the
particular wrongful acts, except that it may be shown by competence of the child throughout this testimony
the examination of the witness, or the record of the
judgment, that he/she has been convicted of an offense.

The unwilling or hostile witness so declared, or the witness PROOF OF NECESSITY

who is an adverse party, may be impeached by the party
The party seeking a competency examination must
presenting him/her in all respects as if he/she had been
present proof of its necessity. The age of the child, by
called by the adverse party, except by evidence of his/her
itself, is not a sufficient basis. Burden of proof lies with the
bad character. He/She may also be impeached and cross-
party challenging the child's competence.
examined by the adverse party, but such cross-
 CONDUCT OF EXAMINATION accused, the court may direct the latter to
be excluded from the room where the
Examination can be conducted only by the judge and deposition is conducted
counsel for the parties may submit questions to the judge.
It is discretionary upon the judge if he/she will ask the child b. In case of exclusion of the accused, the
the submitted questions. court shall order the testimony of the child
to be taken by live-link TV in accordance
DEVELOPMENTALLY APPROPRIATE QUESTIONS with Sec 25.

The questions asked shall; c. It is not necessary for the child to be able
to view an image of the accused
1. Be appropriate to the age and developmental level of
the child 5. Other persons whose presence is determined by the
court to be necessary for the welfare and well-being of the
2. Not be related to the issues at trial; and child
3. Focus on the ability of the child to remember, 6. One or both of his support persons, the facilitator and
communicate, distinguish between truth and interpreter, if any
falsehood, and appreciate the duty to testify truthfully.
7. Court stenographer
REQUIREMENTS
8. Persons necessary to operate the video tape equipment
The guardian ad litem shall consult the prosecutor or
counsel and defer to their judgment regarding the Rights of the accused during trial, especially the right to
necessity of applying for an order. If the guardian is counsel and confront and cross-examine the child. shall
convinced that the decision of the prosecutor or counsel not be violated during the deposition. If, at the time of the
not to apply will cause the child serious emotional trauma, trial, the court finds that the child is unable to testify for a
he himself may apply for the order. This should be applied reason stated in Sec. 25(f) of this Rule or is unavailable for
for at least 5 days before the trial date unless the court any reason described in Rule 23, Sec 4(c) of the 1997
finds on the record that the need for such an order was not Rules of Civil Procedure, the court may admit into
reasonably foreseeable. evidence the videotaped deposition of the child in lieu of
his/her testimony at the trial.
The court shall issue an order granting or denying the use
of live-link television and stating the reasons therefor. HEARSAY EXCEPTION IN CHILD ABUSE CASES

The application can be granted if there is a substantial This applies to any criminal and non criminal proceeding.
likelihood that the child would suffer trauma from testifying However, a statement made by a child describing any act
in the presence of the accused, his counsel or the or attempted act of child abuse, not otherwise admissible
prosecutor. The trauma must be of a kind which would under the hearsay rule, may be admitted in evidence
impair the completeness or truthfulness of the testimony of subject to the following rules:
the child.
1. Before the hearsay statement may be admitted, its
The testimony of the child shall be preserved on proponent shall make known to the adverse party the
videotape, digital disc, or other similar devices which shall intention to offer such statement and its particulars:
be made part of the court record and shall be subject to a
protective order as provided in Sec. 31(b). a. If the child is available - the court shall
upon motion of the adverse party, require
VIDEOTAPED DEPOSITION OF A CHILD WITNESS the child to be present at the presentation
of the hearsay statement for cross-
The prosecutor, counsel, or guardian ad litem may apply examination; or
for an order that a deposition be taken of the testimony of
the child and that it be recorded and preserved on b. if the child is unavailable - the fact of
videotape. The process of application for live-link TV unavailability must be proven by the
testimony in Sec. 25(a), as stated. opponent.

If the court finds that the child will not be able to testify in 2. The court shall consider the time, content, and
open court at trial, the judge shall preside at the circumstances of the hearsay statement which provide
videotaped deposition of the child. Objections to sufficient indicia of reliability that will consider the
deposition testimony or evidence, or parts thereof, and the following:
grounds of objection shall be stated and ruled upon at the
time of the taking of the deposition. a. Motive to lie;

The following are allowed in the proceeding: b. General character of declarant child;

1. Prosecutor c. Whether more than one person heard the

statement;
2. Defense counsel
d. Whether the statement was spontaneous
3. Guardian ad litem
e. Timing of the statement and the relationship
4. Accused subject to subsection (e) between the declarant child and witness;

a. If there is evidence that the child is unable f. Cross-examination could not show the lack of
to testify in the physical presence of the knowledge of the declarant child;
 g. Possibility of faulty recollection of the declarant 2. No tape, or any portion thereof, shall be divulged by
child is remote; and any person mentioned in Sec 31(a) to any other
person, except as necessary for the trial.
h. The circumstances surrounding the statement
are such that there is no reason to suppose the a. Persons in Sec. 31(a): members of the
declarant child misrepresented the involvement court staff for administrative use, the
of the accused. prosecuting attorney, defense counsel,
guardian ad liter, agents d investigating law
UNAVAILABILITY OF A CHILD enforcement agencies, and other persons
as determined by the court.
a. He/She is deceased, suffers from mental infirmity,
lack of memory, mental illness, or will be exposed to PROVISIONS OF THE PROTECTIVE ORDER
severe psychological injury or,
3. No person shall be granted access to the tape, its
b. He/She is absent from the hearing and the proponent transcript, or any part thereof unless:
of his/her statement has been unable to procure
his/her attendance by process or other reasonable a. he/she signs a written affirmation that he/she
means. has received and read a copy of the protective
order;
If child is unavailable, his/her hearsay testimony must be
corroborated by other admissible evidence for the same to b. he/she submits to the jurisdiction of the court
be admissible. with respect to the protective order; and

SEXUAL ABUSE SHIELD RULE c. in case of violation, he/she will be subject to the
contempt power of the cold
The following evidence is inadmissible in any criminal
proceeding involving alleged child sexual abuse: 4. Each of the cassette tapes and transcripts thereof made
available to the parties, their counsel, and their respective
1. evidence offered to prove that the alleged victim agents shall bear the following cautionary notice:
engaged in other sexual behavior; and
a. "This object or document and the contents
2. evidence to prove the sexual predisposition of the thereof are subject to a protective order issued
alleged victim. by the court in (case title), (case number). They
shall not be examined, inspected, read, viewed,
Exception: Evidence of specific instances of sexual or copied by any person, or disclosed to any
behavior by the alleged victim to prove that a person other person, except as provided in the protective
than the accused was the source of the semen, injury, or order. No additional copies of the tape or any of
other physical evidence shall be admissible. its portion shall be made, given, sold, or shown
to any person without prior court order. Any
REQUIREMENTS FOR PARTY OFFERING SUCH
person violating such protective order is subject
EVIDENCE
to the contempt power of the court and other
1. Written motion filed at least 15 days before trial, penalties prescribed by law."
specifically describing the evidence and stating the
5. No tape shall be given, loaned, sold, or shown to
purpose for which it is offered.
any person except as ordered by the court.
Exception: If the court, for good cause, requires a
6. Within 30 days from receipt, all copies of the tape
different time for filing or permits filing during trial.
and any transcripts thereof shall be returned to the
1. Motion served on all parties and the guardian ad clerk of court for safekeeping unless the period is
litem at least 3 days before the hearing of the motion extended by the court on motion of a party.

HEARING NECESSARY 7. This protective order shall remain in full force and
effect until further order of the court.
Before admitting such evidence, the court must conduct a
hearing in chambers and afford the child, his/her guardian ADDITIONAL PROTECTIVE ORDER
ad litem, the parties, and their counsel a right to attend
b. The court may, motu proprio or on motion of any
and be heard. The motion and the record of the hearing
party, the child, his/her parents, legal guardian,
must be sealed and remain under seal and protected by a
or the guardian ad litem, issue additional orders
protective order. The child shall not be required to testify at
to protect the privacy of the child.
the hearing in chambers except if he/she consents.
OPINION RULE
PROTECTIVE ORDERS
*Opinion is an inference or conclusion drawn from facts
Protective covers any videotape or audiotape of a child
observed.
that is part of the court record.

PROVISIONS OF THE PROTECTIVE ORDER

- Opinion of Expert Witness;
1. Tapes may be viewed only by the parties, their
counsel, their expert witnesses, and the guardian ad The opinion of a witness on a matter requiring special
litem. knowledge, skill, experience, training, or education, which
he/she shown to possess, may be received in evidence.* 2. Investigating officers and bodies authorized by the
Expert witness is one who has made the subject upon SC to receive evidence, including the IBP; and
which he/she gives his/her opinion a matter of particular
study, practice, or observation and he/she must have 3. Quasi-judicial bodies, whose rules of procedure are
particular and special knowledge on the subject. subject to disapproval of the Supreme Court, insofar
as their existing rules of procedure contravene the
COURT DISCRETION TO EXCLUDE OR INCLUDE provisions of this Rule.
EVIDENCE
SUBMISSION IN LIEU IN DIRECT TESTIMONY
The competence of an expert witness is a matter for the
trial court to decide upon in the exercise of its discretion. 1. The parties shall file with the court and serve on the
The test of qualification is necessarily a relative one, adverse party, personally or by licensed courier
depending upon the subject matter of the investigation, service, not later than five days before pre-trial or
and the fitness of the expert witness. In our jurisdiction, preliminary conference or the scheduled hearing with
the criterion remains to be the expert witness' special respect to motions and incidents, the following:
knowledge, experience and practical training that qualify
a. the judicial affidavits of their witnesses,
him/her to explain highly technical medical matters to the
which shall take the place of such
court. It is the specialist's knowledge of the requisite
witnesses' direct testimonies; and
subject matter, rather than his/ her specialty that
determines his/her qualification to testify. b. the parties' documentary or object
evidence, if any, shall be marked and
EXAMINING AN EXPERT WITNESS attached to the judicial affidavits.
He/she may base his/her opinion on the basis of 2. Should a party or a witness desire to keep the original
hypothetical questions where the facts are presented to document or object evidence in his/her possession, he/she
him/her hypothetically, and on the assumption that they may, after the same has been identified, marked as
are true, formulates his/her opinion on this hypothesis. exhibit, and authenticated, warrant in his/her judicial
The lack of personal examination and interview of the affidavit that the copy or reproduction attached to such
respondent, or any other person diagnosed with affidavit is a faithful copy or reproduction of that original. In
personality disorder, does not per se invalidate the addition, the party or witness shall bring the original
testimonies of the doctors. Neither do their findings document or object evidence for comparison during the
automatically constitute hearsay that would result in their preliminary conference with the attached copy,
exclusion as evidence. Within their acknowledged field of reproduction, or pictures, failing which the latter shall not
expertise, doctors can diagnose the psychological make be admitted. This is without prejudice to the introduction of
up of a person based on a number of factors culled from secondary evidence in place of the original when allowed
various sources. by existing rules.
- Opinion of ordinary Witness CONTENTS
The Opinion of an ordinary witness is admissible: Shall be prepared in the language known to the witness
and, if not in English or Filipino, accompanied by a
1. If proper basis is given; and
translation in English or Filipino.
2. Regarding:
1. The name, age, residence or business address, and
a. Identity of a person about whom he/she occupation of the witness
has adequate knowledge;
2. The name and address of the lawyer who conducts
b. Handwriting with which he/she has or supervises the examination of the witness and the
sufficient familiarity; place where the examination is being held

c. Mental sanity of a person with whom 3. A statement that the witness is answering the
he/she is sufficiently acquainted ; and questions asked of him/her, fully conscious that
he/she does so under oath, and that he/she may face
d. Impressions of the criminal liability for false testimony or perjury

i. Emotion; 4. Questions asked of the witness and his/her

corresponding answers, consecutively numbered, that:
ii. Behavior;
a. show the circumstances under which the
iii. Condition; or witness acquired the facts upon which he/she
testifies;
iv. Appearance of a person.
b. elicit from him/her those facts which are relevant
JUDICIAL AFFIDAVIT RULE [A.M. 12-8-8-SC] to the issues that the case presents; and
APPLICABILITY c. identify the attached documentary and object
evidence and establish
Applies to all actions and proceedings, and incidents
requiring the reception of evidence before: 5. The signature of the witness over his/her printed name
1. Courts (but not to small claims cases); 6. A jurat with the signature of the notary public who
administers the oath or an officer who is authorized by law
to administer the same
7. A sworn attestation at the end, executed by the lawyer POINTS TO PONDER AND SUMMARY
who conducted or supervised the examination of the
witness, to the effect that: ➢ Persons who can perceive, and perceiving, can make
known their perception to others can be witnesses.
a. he/she faithfully recorded or caused to be Qualifications, credibility, and competency of
recorded the questions he/she asked and the witnesses are important factors that must be
corresponding answers that the witness gave; considered.
and
➢ Disqualification of witnesses not only focuses on the
b. neither he/she nor any other person then subject matter and on the relationship. Privileged
present or assisting him/her coached the communication also falls within the disqualifications,
witness regarding the latter's answers. to wit: husband-wife, attorney-client, physician-
patient, priest-penitent, parental and filial privilege,
A false attestation shall subject the lawyer mentioned to
trade secrets, subject to the requirements of each.
disciplinary action, including disbarment.
➢ Persons who can perceive, and perceiving, can make
APPLICATION IN CRIMINAL CASES
known their perception to others. Qualifications,
This Judicial Affidavit Rule shall apply to all criminal credibility and competency of witnesses are important
actions: factors that must be considered.

1. where the maximum of the imposable penalty does ➢ Disqualification of witnesses not only focuses on the
not exceed six years; subject matter and on the relationship. Privileged
communication also falls within the disqualifications,
2. where the accused agrees to the use of judicial to wit: husband-wife, attorney-client, physician-
affidavits, irrespective of the penalty involved; or patient, priest-penitent, parental and filial privilege,
trade secrets, subject to the requirements of each
3. with respect to the civil aspect of the actions,
whatever the penalties involved are ➢ In examination of witnesses, rights and obligations of
witnesses must be observed in every step of the
PROCEDURE order of their examination. Leading and misleading
questions must be considered, apart from
1. The prosecution shall submit the judicial affidavits of
underscoring that witnesses may be impeached.
its witnesses not later than five days before the pre-
Referral to memorandum may be allowed. In the
trial, serving copies of the same upon the accused.
examination, a one-day-witness rule should be
2. The complainant or public prosecutor shall attach to implemented.
the affidavits such documentary or object evidence
as he/she may have, marking them as Exhibits A, B, ➢ In examination of child witnesses, the rules afford the
C, and so on. necessary protection for children who will be
subjected to examination, as to the conduct of
3. No further judicial affidavit, documentary, or object examination, questions that need to be development-
evidence shall be admitted at the trial. appropriate, live-link TV testimony, videotaped
deposition, hearsay exception, sexual abuse shield,
4. If the accused desires to be heard on his/her defense and protective orders. These aspects should be duly
after receipt of the judicial affidavits of the remembered.
prosecution, he/she shall have the option to submit
his/her judicial affidavit as well as those of his/her ➢ The opinion rule covers opinions of expert witnesses
witnesses to the court within ten (10) days from and opinions of ordinary witnesses, subject to
receipt of such affidavits and serve a copy of each on qualifications.
the public and private prosecutor, including his/her
documentary and object evidence previously marked ➢ The Judicial Affidavit Rule applies to criminal cases,
as Exhibits 1, 2, 3, and so on. These affidavits shall hence, the contents and its effects as elaborated
serve as direct testimonies of the accused and therein, as well as the procedure, should be
his/her witnesses when they appear before the court understood.
to testify.
➢ In examination of witnesses, rights and obligations of
ISSUANCE OF THE SUBPOENA witnesses must be observed in every step of the
order of their examination. Leading and misleading
If the government employee or official, or the requested questions should be considered, apart from
witness, who is neither the witness of the adverse party underscoring that witnesses may be impeached.
nor a hostile witness, unjustifiably declines to execute a Referral to memorandum can be allowed. In the
judicial affidavit or refuses without just cause to make the examination, a one-day-witness rule should be
relevant books, documents. or other things under his/her implemented.
control available for copying, authentication, and eventual
production in court, the requesting party may avail ➢ In examination of child witnesses, the rules afford the
himself/herself of the issuance of a subpoena ad necessary protec tion for children who will be
testificandum or duces tecum under Rule 21 of the Rules subjected to examination, as to the conduct of
of Court. examination, questions that need to be development-
appropriate, live-link TV testimony, videotaped
The rules governing the issuance of a subpoena to the deposition, hearsay exception, sexual abuse shield
witness in this case shall be the same as when taking rule, and protective orders. These aspects should be
his/her deposition except that the taking of a judicial duly remembered.
affidavit shall be understood to be ex parte.
➢ The opinion rule covers opinions of expert witnesses RTCs shall exercise appellate jurisdiction over all cases
and opinions of ordinary witnesses, subject to decided by MeTCs, MTCs and MCTCs in their respective
qualifications. territorial jurisdictions. Such cases shall be decided on the
basis of the entire record of the proceedings had in the
➢ The Judicial Affidavit Rule applies to criminal cases, court of origin. (Sec. 22, Appellate jurisdiction)
hence the contents and its effects as elaborated
therein, as well as the procedure, should be APPELLATE JURISDICTION OF THE COURT OF
understood. APPEALS

MTC to RTC to CA - by petition for review [may be given

due course only when the petition shows prima facie that
Criminal Jurisdiction of Courts the lower court has committed an error of fact or law that
will warrant a reversal or modification of the decision
Criminal Jurisdictions of the First Level Courts, the
Second Level Courts, the Sandiganbayan, the Court of RTC to CA - ordinary appeal [by notice of appeal]
Tax Appeals the Court of Appeals, and Barangay.
NOTES
FIRST LEVEL COURTS
Of Regional Trial Courts:
1. Metropolitan Trial Court (MeTC) - Metro Manila
1. Over offenses punishable by imprisonment for a
2. Municipal Trial Court (MTC) - municipalities period of more than six (6) years;

3. Municipal Circuit Trial Courts (MCTC) - are those 2. Over offenses where the fine is more than PhP4,000
maintained to cover 2 or more municipalities with
small population if the maintenance of one MTC is 3. Under P.D. 1606 as amended by R.A. 8249, the
impractical criminal cases of

4. Municipal Trial Court in Cities (MTCC) - provincial a. Government officials [below SG 27];
cities
b. Offense punishable by imprisonment of
SECOND LEVEL COURTS - Regional Trial Courts (RTC) more than six (6) years or fine is more than
PhP4,000 [below SG 27];
APPELLATE COURT - Court of Appeals
4. Violations of the Comprehensive Dangerous Drugs
SPECIAL COURTS Act of 2002 (R.A 9165)

1. Sandiganbayan 5. 5. Libel cases even though punishable by prison

correctional (RPC, Art. 360; People v. Eduarte, G.R.
2. Court of Tax Appeals No. 88232, February 26, 1990).

3. Shari’a Courts 6. 6. Criminal violations of Intellectual Property Code

(Samson v. Daway, G.R. Nos. 160054- 55, July 21,
4. Shari’a District Courts 2004 R.A. 166, Sec. 27)
JURISDICTION OF THE FIRST LEVEL COURTS: 7. 7. Election offenses.
R.A. NO. 7691, March 25, 1994 8. 8. Appellate jurisdiction over all cases decided by
MTC, MeTC, MCTC in their respective territorial
“(1) Exclusive original jurisdiction over all violations of city
jurisdictions (B.P. 129, Sec. 27),
or municipal ordinances committed within their respective
territorial jurisdiction; and Jurisdiction over Complex Crimes:
(2) Exclusive original jurisdiction over all offenses Jurisdiction over the whole complex crime is lodged with
punishable with imprisonment not exceeding six (6) years the trial court having jurisdiction to impose the maximum
irrespective of the amount of fine, and regardless of other and most serious penalty imposable of an offense forming
imposable accessory or other penalties, including the civil part of the complex crime. It must be prosecuted integrally
liability arising from such offenses or predicated thereon, and must not be divided into component offenses which
irrespective of kind, nature, value or amount thereof; may be made subject of multiple information brought in
Provided however, That in cases involving damage to different courts (Cuyos v. Garcia, G.R L-46934, April 15,
property through criminal negligence, they shall have 1988).
original jurisdiction thereof.”
Jurisdiction over Continuing Crimes:
ORIGINAL JURISDICTION OF THE RTC
Continuing offenses are consummated in one place, yet
RTCs shall exercise original jurisdiction in all criminal by the nature of the offense, the violation of the law is
cases not within the exclusive original jurisdiction of any deemed continuing (e.g., Estafa and libel). As such, the
court, tribunal or body, except those now falling under courts of the territories where the essential ingredients of
exclusive and concurrent jurisdiction of the the crime took place have concurrent jurisdiction. But the
Sandiganbayan which shall hereafter be exclusively taken court which first acquires jurisdiction excludes the other
cognizance of by the latter. (B.P. 129, Sec. 20) courts.
APPELLATE JURISDICTION OF THE RTC Jurisdiction over Crimes Punishable by Destierro:
Where the imposable penalty is destierro, the case falls c. Officials of the diplomatic service occupying the
within the exclusive jurisdiction of the Municipal Trial position of consul and higher.
Court, considering that in the hierarchy of penalties under
Article 71 of the Revised Penal Code, destierro follows d. Philippine army and air force colonels, naval
arresto mayor which involves imprisonment (People v. captains, and all officers of higher rank.
Eduarte, G.R. No. 88323. February 26, 1990).
e. Officers of the PNP, occupying the position of
While the offense is within its exclusive competence by provincial director and those holding the rank of
reason of the penalty prescribed therefore, an inferior senior superintendent or higher.
court shall have jurisdiction to try and decide the case
irrespective of the kind and nature of the civil liability f. City and provincial prosecutors and their
arising from the said offense (Herrera, Vol. IV) assistants, and officials and prosecutors in the
Office of the Ombudsman and Special
The additional penalty for habitual delinquency is not Prosecutors.
considered in determining jurisdiction because such
delinquency is not a crime (Legados v. de Guzman, G.R. g. Presidents/directors/trustees/managers of
No.35285, Feb. 20, 1989). GOCCs, state universities or educational
institutions/foundations.
Of Sandiganbayan:
10. Members of Congress and officials thereof
The Sandiganbayan shall exercise exclusive original classified as Salary Grade 27 and up;
jurisdiction in all cases involving:
11. Members of the Judiciary, without prejudice to
1. Graft and Corrupt Practices Act) and R.A. 1379 (An Constitutional provisions;
Act Declaring Forfeiture in favor of the state any
property found to have been unlawfully acquired by 12. Chairmen and members of Constitutional
Public Officer or Employee); Commissions, without prejudice to Constitutional
provisions.
2. Other offenses or felonies whether simple or
complexed with other crimes committed by public When offense deemed committed "in relation to public
officials and employees mentioned in Sec 4 a] office"
P.D.1606 as amended by R.A. 7975 in relation to
The offense must be a constituent element of the crime as
their office;
defined in the statute. The test is whether the offense
3. Crimes mentioned in Chapter 2 Section 2 Title VII cannot exist without the office (Cunanan v. Arceo, G.R.
Book 2 of the Revised Penal Code i.e. Art 210: Direct No. 116615, March 1, 1995).
Bribery, Art 211: Indirect Bribery, Art 212: Corruption
An offense may be considered as committed in relation to
of Public Officials;
the office if:
4. Violations of Executive Orders 1, 2, 14, 14-A of 1986
1. It cannot exist without the office.
(Marcos* Ill-gotten wealth cases);
2. The office is a constituent element of the crime as
5. Violation of R.A. 6713 - Code of Conduct and Ethical
defined in the statute.
Standards;
3. The offense be intimately connected with the office of
6. Violation of R.A. 7080 - The Plunder Law;
the offender; and
7. RA 9160 - Violation of The Anti-Money Laundering
4. The fact that the offense was committed in relation to
Law when committed by a public officer;
the office must be alcose in, 1905, ormation (People
8. P.D. 46 referred to as the gift-giving decree. v. Magallanes, GiR. No. 118013-14, October 11,
1995).
Officials under the Executive Jurisdiction of the
Sandiganbayan: What is controlling is the specific factual allegations in the
information that would indicate the close intimacy between
9. Those expressly enumerated in P.D. 1606, as the discharge of the accused's official duties and the
amended by R.A. No.8249; Violations of R.A. 3019 (Anti- commission of the offense charged, in order to qualify the
Graft and Corrupt Practices Act) R.A. 1379 and Chapter 2, crime as having been committed in relation to public office
Sec. 2, Title 7, Book 2, RPC; (Lacson v. Executive Secretary, G.R. No. 128096, January
20, 1999).
10. Officials of the executive branch, occupying
salary grade 27 and higher, specifically including: In the absence of any allegation that the offense was
committed in relation to the office of the accused or was
a. Provincial governors, vice governors, members necessarily connected with the discharge of their
of the Sangguniang Panlalawigan and provincial functions, the Regional Trial Court, not the
treasurers, assessors, engineers and other Sandiganbayan, has jurisdiction to hear and decide the
provincial department heads. case (People v. Cawaling, G.r. 117970, July 28, 1998).

b. City mayors, vice-mayors, members of the Expectations are:

Sangguniang Panlungsod, city treasurers,
assessors, engineers and other city department 1. Election offenses - it is the Regional Trial Court that
heads. has jurisdiction even if they are committed by public
officers classified as Grade 27 and higher and in
relation to their offices (OEC, Sec. 268).
2. Court martial cases - Offenses committed by 2. Where a person has been deprived of personal
members of the Armed Forces and other persons liberty calling for habeas corpus proceedings;
subject to military law are cognizable by court
martials if such offenses are "service connected" as 3. Where actions are coupled with provisional remedies;
expressly enumerated in R.A. 7055
4. Where the action may be barred by the statute of
Criminal Jurisdiction of Family Courts: limitations..

R.A. 8369 establishing the Family Court Granting then Generally, the lupon shall have authority to bring parties
exclusive original jurisdiction over child and family cases, actually residing in the same city or municipality for
namely: amicable settlement of all disputes.

1. Criminal cases where one or more of the accused is

below eighteen (18) years of age but not less than
nine (9) years of age or; Except in the following instances:

2. Where one or more of the victims is a minor at the 1. Where one party is the Government, or any
time of the commission of the offense. subdivision or instrumentality thereof;

Provided, that if the minor is found guilty, the court shall 2. Where one party is a Public officer or employee, and
promulgate the sentence and ascertain any civil liability the dispute relates to the performance of his official
which the accused may have incurred. The sentence shall functions;
be suspended without need of an application pursuant to
3. Offenses punishable by imprisonment exceeding one
the "Child and Youth Welfare Code" or "P.D. 603".
(1) year or a Fine exceeding Five thousand pesos
Of the Court of Tax Appeals: (P5,000.00);

1. Exclusive original jurisdiction over all criminal 4. Offenses where there is no private offended party;
offenses arising from violations of the National
5. Where the dispute involves real properties located in
Internal Revenue Code (NIRC) or Tariff and Customs
different cities or municipalities unless the parties
Code and other laws administered by the BIR or the
thereof agree to submit their differences to amicable
Bureau of Customs.
settlement by an appropriate the parties thereof
2. Offenses where the principal amount of taxes and agree to submit their differences to amicable by
fees, exclusive of charges and penalties claimed is appropriate Lupon;
less than PhP1,000,000.00 or where there is no
6. Disputes involving parties who actually reside in
specified amount claimed, shall be tried by the
Barangay of different cities or municipalities, except
regular courts and the jurisdiction of the Court of Tax
where such barangay units adjoin each other and the
Appeals (CTA) shall be appellate.
parties thereof agree to submit their differences to
3. Exclusive appellate jurisdiction in criminal offenses: amicable settlement by an appropriate lupon;

a. Over appeals from the judgments, 7. Such other classes of disputes which the President
resolutions or orders of the RTC in tax may determine in the interest of justice or upon the
cases originally decided by them. recommendation of the Secretary of Justice.

b. Over petitions for review of the judgments, - Filing of the complaint before the barangay
resolutions or orders of the RTC in the suspends the running of the prescriptive period.
exercise of their appellate jurisdiction over
tax cases originally decided by the MTC,
MeTC and MCTC. (R.A. 1125 as amended Appellant - the term used to refer to the one who filed an
by R.A. 9282). appeal
Katarungang Pambarangay (Chapter 7, Title I, Book III of Appelle - the term used on appeal to refer to the person
the Local Government Code of 1991) against whom an appeal is filed
Of Barangay (and its proceedings) Appeal Brief - filed by the appellant on appeal
A confrontation between the parties before the Lupon Appelle’s Brief - filed by the appellee
Chairman or the Pangkat ng Tagapagkasundo is needed
before a complaint, petition, action or proceeding may be
filed or instituted directly in court or any other government
office for adjudication. The parties thereto may still go to REVISED RULE ON SUMMARY PROCEDURE
the court either (1) when the Lupon Secretary or Pangkat
Secretary as attested to by the Lupon or Pangkat Applicability
Chairman certifies that no conciliation or settlement has
The Rule on Summary Procedure is to be applied by the
been reached, or (2) when the parties repudiated the
MeTCs, MTCCs, MTCs and MCTCs in the following cases
settlement.
that falls w/in their jurisdiction:
No need to secure Barangay Certification To File Action if:
1. Violations of traffic laws, rules and regulations;
1. The accused is under detention;
2. Violations of the rental law;
3. Violations of municipal or city ordinances; evidence gathered at the crime scene like semen, urine,
blood, hairs, etc.
4. All other criminal cases where the penalty prescribed
by law for the offense charged is imprisonment not Tools of Criminal Investigation
exceeding six (6) months, or a fine not exceeding
(₱1,000.00), or both irrespective of other imposable Generally, it refers to the utilization of information,
penalties, accessory or otherwise, or of the civil interview/interrogation and instrumentation in conducting
liability arising therefrom; Provided, however, that in criminal investigation for purposes of identifying the
cases involving damage to property through criminal criminal in order to be brought to the bar of justice/court.
negligence, this Rule shall govern where the
imposable fine does not exceed ten thousand pesos Custodial Investigation
(₱10,000.00).
The skillful questioning of a suspect or a hostile witness
Only those who executed sworn statements or issued for the purpose of seeking information concerning the
certification attached to the complaint may be allowed as crime under investigation.
witnesses in cases covered by the Rule on Summary
Custodial Interrogation
Procedure.
A stage in criminal investigation wherein the probers start
to focus on the actual involvement of the suspect" and the
Definition of Terms eventual arrest or taking him into custody. In that stage,
counsel for the suspect is already a requirement.
Criminal Procedure
Criminal Action
It is a Supreme Court-issued set of Rules currently
embodied in the Revised Rules of Court (Rule 110) which One by which the State prosecutes a person for an act or
provides and regulates the steps by which, if one commits omission punishable by law (Rules of Court, Rule 1, Sec.
a crime or an offense, is to be prosecuted and punished if 3 (b).
found guilty (Bustos vs Lucero, 81 Phil. 650; People vs
Arrest
Lacson, G.R. No. 149453, April 1, 2003).
The actual taking into custody (or deprivation of liberty) of
It is a method fixed by law Judiciary's rule-making power)
a person in order to answer for the commission of an
for the apprehension and prosecution of a person who is
offense/crime.
accused of a crime or an offense and provides for his
punishment whenever convicted. Special Laws
As defined in the Black’s Law Dictionary, it is the network Those are laws which were also passed by Philippine
of laws or rules which governs the procedural Congress containing a provision that violation of or
administration of justice, that is, laws and court rules disregard of the same are punishable by either
governing investigation of crimes, arrest, search and imprisonment and/or fine or both at the discretion of the
seizures, bail, and other measures related thereto. court.
Criminal Law Offense
It is a branch of law which declares what act/acts or It is an act or omission that are punishable under special
omission/ omissions are considered crimes, and prescribe law (Callanta vs Carnation Philippines, 145 SCRA 275) or
punishment for its commission. those that are not covered by the Revised Penal Code.
The main source or book of the Philippine Criminal Law is Felony
the Revised Penal Code, as amended. The other sources
are As defined in Article 3 of the Revised Penal Code, it
means an act or omission punishable by the said Code; it
a. the Special Laws with penal provisions and does not cover a crime punished by special law (Filipinas
Life vs Tolentino, SP-05858, Oct. 1, 1976)
b. the Philippine jurisprudence which are also part of the
laws of the land. Grave Felonies
Crime As defined under Article 9 of the Revised Penal Code, are
felonies that violations thereof attaches capital punishment
It is an act or omission that are punishable under the
or penalties which in any of their periods are afflictive in
Revised Penal Code, as amended.
accordance with Art. 125 of the same Code.
Criminal Investigation
Less Grave Felonies
It is both an art and a science. An art in as much as it uses
One which is in their maximum period are correctional in
skillful application of one's innate knowledge, experience,
accordance with the same article.
psychology, practicality and intuition or insights, etc. in
solving crimes. Light Felonies
Also a science because there are instances where, in Are those infractions of law for the commission of which
conducting investigation, criminalistics (instrumentation) or the penalty of arresto menor or a fine not exceeding 200
forensic science is necessary for purposes of identifying pesos or both, is provided.
the involved criminals especially in examining physical
Prima Facie genetic makeup. it contains our inherited traits of eye
color, hair color, height, weight, bone density and many
It means at first sight; on the face of it (Tiu Ca Siong case, others.
13 Phil.143).
DNA is the same in every cell in the body. The DNA in
Prima Facie Case or Evidence one's blood is the same with those in the other parts of the
body. The human body is composed of 100 trillion cells
It denotes evidence which, if unexplained or and each cell, except RED BLOOD cells, contain DNA.
uncontradicted by other evidence or unless rebutted, is
sufficient to sustain the proposition it supports or to DNA fingerprinting experts are in unison in concluding on
counter-balance the presumption of innocence to warrant this formula: 99.9%-similar; 0.1% - dissimilar.
a conviction of the accused (Cometa vs CA, 321 SCRA
574) Like fingerprints, the DNA of a person is unique to him. No
one else would have the same DNA profile. And a person's
Evidence DNA is a combination of the mother and father's DNA.
Unless he has an identical twin, his DNA is exclusively his
It is defined as the means sanctioned by the Rules of (www. howstuffworks.com). It can be found in blood,
Court, of ascertaining in a judicial proceeding the truth semen, skin cells, tissue, organs, muscle, brain cells,
respecting a matter of fact (Rules of Court, Rule 128, Sec. bone, teeth, hair, dandruff, saliva, mucus, perspiration,
I; Bustos vs Lucero, 81 Phil. 650). Evidence is admissible fingernails, urine, feces, etc. and even at bite mark area,
when it is relevant to the issue and is not excluded by the fingernail scrapings, used condom, cigarette butt,
law or the rules (Rule 128. Sec. 3). It is elementary that toothpick, bed linens, clothing, caps for sweats, etc.
evidence to be believed must not only proceed from a (www.ncjrs.gov)
credible witness but must be credible in itself (People vs
Marti, 193 SCRA 57; People vs Malbago, 185 SCRA 311) Rules of Evidence

Forensic Evidence Are commonly accepted principles which expresses the

manner upon which a party relies to establish a fact in
Refers to anything real or physical evidence that has been dispute (Domondon, 100 Years of the Bar and Beyond in
gathered, examined or analyzed and presented in court for Remedial Law Vol. 4 (2015 First Edition)
its consideration. I is the merging of law and science for
purposes of insuring the administration of justice. Allegation

Forensic Science A party's assertion which is unsupported or not backed-up

by evidence, hence is considered self-serving. Mere
It is the scientific process of analyzing forensic evidence allegation is not evidence and is not equivalent to
involving many disciplines from other sciences like proof(Martinez, vs NLRC, 272 SCRA 793)
forensic trace evidence (analysis of hairs, fibers, paint
chips gunshot residues, soils and similar objects), Probable Cause
anthropology, biology, toxicology, odontology, etc.
As determined by the prosecutor for purposes of filing a
Locard’s Exchange Principle case in court, constitute the facts and circumstances
which would lead a reasonably discreet and prudent man
Internationally accepted as the rallying point in discovering to believe that an offense has been committed by the
physical evidence in crime investigation made famous by person sought to be charged and that he should be held
a French Criminologist, Dr. Edward Locard, which states for trial. In determining It, the average man (not learned in
that, "Every contact leaves a trace" which can be usually law) weights facts and circumstances without resorting to
found in the crime scene. The said principle is the the calibrations of the technical rules of evidence but of
cornerstone of criminal investigation that is observed up to the common sense of an ordinary man (People vs CA 301
the current time (www.enotes.com/forensic science/) SCRA 475). It is an executive action or function.
Fingerprint Analysis The other Probable Cause which is a indicial action is one
determined by the judge for purposes of issuing warrant of
One of the oldest disciplines of forensic science which
arrest against the person charged and whether there is a
states that because fingerprints are permanent,
necessity of placing him under the immediate custody in
unchangeable and, most importantly, unique to each
order not to frustrate the ends of justice. He must satisfy
person, they are given much weight by the courts. Sir
himself that based on the evidence submitted, there is
Francis Galton said, "The chances of two (2) fingerprints
sufficient proof that a crime has been committed and that
being identical are as small as 64 billion to one. In over a
the person to be arrested is probably guilty thereof. Its
century of forensic fingerprinting, no two (2) prints have
issuance should be based on his own personal and
ever been found to be the same, even those of identical
independent determination. It is some sort of counter-
twins." While identical twins share the same DNA profile
checking the validity of the prosecutor's findings (Webb vs
markers, they can be differentiated by their fingerprints
de Leon, 247SCRA 652)
(www.crimtrac.gov.au)
Police Power
DNA Analysis
the authority of the State to enact legislation (laws) that
Now widely reputed as the most reliable tool of forensic
may actively interfere with personal liberty or property of
science (even better than Fingerprint analysis but is costly
everyone in order to promote the general welfare which
and time-consuming), DNA stands for "deoxyribonucleic
may consist of restraint upon liberty or property in order to
acid” and under the microscope, it looks like a very, very
foster the common good.(Phil. Assn. of Service Exporters
thin spring, and about a foot long. Being a component part
vs Drilon, 163 SCRA 386)
of every cell in the human body, it defines a person's
Pillars of Criminal Justice System The filing of the case for preliminary investigation at the
Prosecutor’s Office without the respondent/suspect having
Refers to the five (5) governmental functions that has been arrested or put into custody.
something to do with the administration of justice such as
(a) the Law Enforcement (or "Police Pillar"); (b) Law Enforcement Officers
Prosecution (or "Fiscal Pillar"); (c) Court ("Judgment
Pillar*); (d) Corrections ("Reformation Pillar"); and (e) filing of the case at the Prosecutor's Office by the law
Community ("Reintegration Pillar") enforcement officers and considering that the suspect is
under detention, the case would be forthwith filed in court
Criminal Jurisdiction without undergoing preliminary investigation. It usually
happens when the suspect was validly arrested and
The authority of a court, agency, body, tribunal, to hear refused to sign a waiver of detention under Article 125 of
and try a particular case or offense and impose the the Revised Penal Code, as amended. Ordinary Filing.
punishment for it, if warranted (People vs Mariano, G.R. The filing of the case for preliminary investigation at the
No. L-40527, June 30, 1976) Prosecutor's Office without the respondent/suspect having

First Level Courts Law Enforcement Agencies

These courts are the trial courts lower than the Second Government offices tasked to enforce the provisions of the
Level Courts such as Municipal Trial Courts (MC), Revised Penal Code, as amended, and other special laws
Metropolitan Trial Courts (MeTC), Municipal Trial Courts in that has penal provisions.
Cities (MTCC) and Municipal Circuit Trial Courts (MCTC)
Jurisprudence
Second Level Courts
Judicial interpretation of the laws and/or decisions of the
These courts refers to the Regional Trial Courts (RTC) Supreme Court and sometimes of the Court of Appeals
which are considered case laws and thus also form part of
Appellate Courts the Philippine laws.
Are Courts whose primary task is to handle cases on
appeal like the Court of Appeals and the Supreme Court.

Summary Procedure

A court procedure that was specifically designed and

issued by the Philippine Supreme Court to expedite the
trial or early resolution of cases. Instead of the usual trial
where the witnesses would be presented in the witness
stand to give their respective testimonies, in this kind of
procedure, the parties would just be required to submit
their respective position papers with attached Affidavits of
witnesses and documentary exhibits.

Preliminary Investigation

It is an inquiry or proceeding to determine whether there is

sufficient ground to endanger a well-founded belief that a
crime has been committed and the respondent is probably
guilty thereof, and should be held for trial (Villaflor vs Viva,
349 SCRA 194).

Its rationale is 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 (Yusop vs
Sandiganbayan, 352 SCRA 587). It is not a judicial but an
executive function. And it is not a constitutional but merely
a statutory right which can be waived.

Inquest Proceedings

The filing of the case at the Prosecutor's Office by the law

enforcement officers and considering that the suspect is
under detention, the case would be forthwith filed in court
without undergoing preliminary investigation. It usually
happens when the suspect was validly arrested and
refused to sign a waiver of detention under Article 125 of
the Revised Penal Code, as amended.

Ordinary Filing