1. Differentiate Criminal Law from Criminal Procedure.

While criminal law declares what conduct is criminal, defines crimes and prescribes
punishment for such crimes, criminal procedure lays down the processes by which an
offender is made to answer for the crime he committed.

Criminal law confines itself to the definition of offenses, the penalties applicable for such
offenses, and the formulation of general principles for liability. It does not, however, answer
the question as to how the offender is to be made liable for his crime.

2. What is Criminal Jurisdiction?

"Criminal Jurisdiction" is necessarily the authority to hear and try a particular offense and
impose the punishment for it. (People v. Mariano, 71 SCRA 600 (1976))

3. What is the type of system of criminal procedure that the Philippines has?

The system of procedure in our jurisdiction is accusatorial or adversarial. It is not

inquisitorial. It contemplates two contending parties before the court which hears them
impartially and renders judgment only after trial. In our judicial set-up, a judge is not
permitted to act as an inquisitor who pursues his own investigation and arrives at his own
conclusion ex parte (Queto U. Catolico, 31 SCRA 52, 58).

The system has a two-sided structure consisting of the prosecution and the defense where
each side tries to convince the court that its position is the correct version of the truth. In this
system, the accusation starts with a formal indictment called, in our jurisdiction, as a
complaint or an information, the allegations in which must be proven by the government
beyond reasonable doubt. The government and the accused present their evidence before
the court which shall decide either on acquittal or conviction of the accused. In its
decision-making process, that court shall consider no evidence which has not been formally
offered. The court, in this system, therefore, has a passive role and relies largely on the
evidence presented by both sides to the action in order to reach a verdict.

4. What are the elements of jurisdiction?

Elements are:

(1) Nature of the offense,

(2) Penalty attached to the offense, and

(3) Place of commission of the offense

5. What does “Nature of the offense charged” mean?

This pertains to the kind of offense charged. The nature of the offense charged determines
the jurisdiction of the offense.
For example, crimes committed by public officers are subject to the jurisdiction of the
Sandiganbayan. For the crime of estafa, the court which has jurisdiction is the RTC. Also,
crimes committed by minors belong to the jurisdiction of the RTC.

6. What does “Penalty attached” mean?

Penalty pertains to one that is conferred by law, provided by law. Thus, “penalty attached” as
an element of jurisdiction, refers to the jurisdiction of a court in a criminal case which is
determined by the penalty imposable, not the penalty ultimately imposed. Jurisdiction is
conferred by the law existing at time of the commencement of the action.

7. What does “Place of commission of the offense” mean?

Also referred as “territorial jurisdiction,” the place where the crime is committed determines
the jurisdiction of the court.

As a General Rule, with respect to territory, jurisdiction is determined where the crime has
been committed. Exceptions: Where it is a continuing crime is being committed, change of
venue, and those crimes under the jurisdiction of the Sandiganbayan.

8. When does the jurisdiction of the court attach?

The rule in this jurisdiction is that once a complaint or information is filed in court any
disposition of the case as to its dismissal or conviction or acquittal of the accused rests in the
sound discretion of the court. Although the fiscal retains the direction and control of the
prosecution of criminal cases even while the case is already in court he cannot impose his
opinion on the trial court. The court is the best and sole judge on what to do with the case
before it. The determination of the case is within its exclusive jurisdiction and competence.
A motion to dismiss the case filed by the fiscal should be addressed to the court who has the
option to grant or deny the same. It does not matter if this is done before or after the
arraignment of the accused or that the motion was filed after a reinvestigation or upon
instructions of the Secretary of Justice who reviewed the records of the investigation.
(Alonte v. Savellano, Jr., 287 SCRA 245 (1998))

9. May criminal actions be restrained or stayed by injunction? FAMILIAR

General Rule: Public interest requires that criminal acts need to be immediately investigated
and prosecuted for the protection of the society, hence cannot restrain criminal prosecution.

Exceptions: Extreme cases may, and actually do, exist where relief in equity may be availed
of to stop a purported enforcement of a criminal law where it is necessary (a) for the orderly
administration of justice; (b) to prevent the use of the strong arm of the law in an oppressive
and vindictive manner; (c) to avoid multiplicity of actions; (d) to afford adequate protection
to constitutional rights; and (e) in proper cases, because the statute relied upon is
unconstitutional, or was "held invalid."
Additional exceptions under Brocka v. Enrile, 192 SCRA 183 (1990):

a) afford adequate protection to the constitutional rights of the accused;

b) When necessary for the orderly administration of justice or to avoid oppression or

multiplicity of actions;

c) When there is a pre-judicial question which is sub judice;

d) When the acts of the officer are without or in excess of authority;

e) Where the prosecution is under an invalid law, ordinance or regulation;

f) When double jeopardy is clearly apparent;

g) Where the court has no jurisdiction over the offense;

h) Where it is a case of persecution rather than prosecution;

i) Where the charges are manifestly false and motivated by the lust for vengeance; and

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

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

10. What are the requisites for the valid exercise of jurisdiction?

Requisites for the valid exercise of jurisdiction as follows:

(1) Jurisdiction over the subject matter,

(2) Jurisdiction over the person of the accused,

(3) Jurisdiction over the territory, and

(4) jurisdiction over the allegation found in the Complaint or Information. (Buaya vs. Polo)

11. What is Jurisdiction over the subject matter?

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

Jurisdiction over the offense charged is conferred by law at the time of the institution of the
action.
 · It cannot be presumed or implied but must appear clearly from the law or it will not
be held to exist.

· It cannot be conferred by the agreement of the parties; or by the court's

acquiescence; or by the erroneous belief of the court that it had jurisdiction; or by the
waiver of objections; or by the silence of the parties

· It is not conferred or acquired by the unilateral assumption thereof by any tribunal

· It is not conferred by mere administrative policy of any trial court

12. What is Jurisdiction over the person of the accused?

Jurisdiction over the person of the accused is acquired upon his arrest or apprehension, with
or without a warrant (involuntary), or his voluntary appearance or submission to the
jurisdiction of the court (Valdepeñas u. People, 16 SCRA 871, 875).

13. When is there a voluntary appearance in court?

Voluntary appearance in court refers to submission of pleadings in court such as 1) Filing of

motions: motion to dismiss, motion to quash; 2) Appearing on arraignment; 3) Filing for bail;
4) Filing of a motion for determination of probable cause; and entering into a
counsel-assisted plea and actively participates in the trial and presents evidence for the
defense.

There is voluntary appearance when a lawyer appears for the accused, including such
lawyer’s appearance during arraignment.

14. What is custody of the law as distinguished from jurisdiction over the person?

Being in the custody of the law is not necessarily being under the jurisdiction of the court.
Custody of the law is required before the court can act upon the application for bail, but is
not required for the adjudication of other reliefs sought by the defendant where the mere
application constitutes a waiver of the defense of lack of jurisdiction over the person of the
accused. One can be under the custody of the law but not yet subject to the jurisdiction of
the court over his person, such as when a person arrested by virtue of a warrant files a
motion before arraignment to quash the warrant.

On the other hand, one can be subject to the jurisdiction of the court over his person, and
yet not be in the custody of the law, as when an accused escapes custody after his trial has
commenced. Being in the custody of the law signifies restraint on the person, who is thereby
deprived of his own will and liberty, binding him to become obedient to the will of the law.
Custody of the law is literally custody over the body of the accused. It includes, but is not
limited to, detention" (Miranda u. Tuliao, 486 SCRA 371, 388-389).
15. What is Jurisdiction over the territory?

Territorial jurisdiction in criminal cases is the territory where the court has jurisdiction to
take cognizance or to try the offense allegedly committed therein by the accused. Thus, it
cannot take jurisdiction over a person charged with an offense allegedly committed outside
of that limited territory. If the evidence adduced during the trial shows that the offense was
committed somewhere else, the court should dismiss the action for want of jurisdiction

16. Where a criminal case was instituted before a court with jurisdiction over the same
(e.g., Angeles City), but the object of civil aspect is located in another jurisdiction (e.g.,
Cagayan De Oro), both cases shall be tried independently by both courts (i.e., Angeles City
and Cagayan De Oro City). Do you agree?

Where the court has jurisdiction over the subject matter and over the person of the
accused, and the crime was committed within its territorial jurisdiction, the court necessarily
exercises jurisdiction over all issues that the law requires the court to resolve. One of the
issues in a criminal case is the civil liability of the accused arising from the crime. Thus, the
Manila trial court had jurisdiction to decide the civil aspect of the instant case - ordering
restitution even if the parcel of land is located in Bulacan.

17. What is Jurisdiction Over the Allegations of the Complaint or Information?

In order to determine the jurisdiction of the court in criminal cases, the complaint or
information must be examined for the purpose of ascertaining whether or not the facts set
out therein and the punishment provided for by law for such acts fall within the jurisdiction
of the court in which the criminal action is filed. It is settled that the jurisdiction of the court
in criminal cases is determined by the allegations of the complaint or information and not by
the findings based on the evidence of the court after trial. Jurisdiction is determined by the
allegations of the complaint rather than the result of the crime.

18. What is the jurisdiction of first level courts?

(1) Exclusive original jurisdiction over all violations of city or municipal

ordinances committed within their respective territorial jurisdiction;

(2) Exclusive original jurisdiction over all offenses punishable with imprisonment
not exceeding six (6) years irrespective of the amount of fine;

(3) Offenses involving damage to property through criminal negligence

regardless of value of the said property;
 (4) In the absence of all the Regional Trial Judges in a province or city, on
petitions for a writ of habeas corpus or applications for bail in criminal cases in
the province or city where the absent Regional Trial Judges sit;

(5) Violations of traffic laws, rules and regulations, violations of the rental law,
and such other cases requiring summary disposition as the Supreme Court may
determine; and

(6) Offenses punishable by destierro.

19. What is the jurisdiction of Regional Trial Courts?

(1) Exclusive original jurisdiction over all offenses punishable with imprisonment
of six (6) years and one day and above irrespective of the amount of fine, and
not within the exclusive jurisdiction of any court, tribunal or body;

(2) Concurrent jurisdiction of the Sandiganbayan for public officials and

employees with salary grade of less than Salary Grade 27;

(3) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto,

habeas corpus and injunction which may be enforced in any part of their
respective regions;

(4) In actions affecting ambassadors and other public ministers and consuls;

(5) Appellate jurisdiction over all cases decided by Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial Courts in their respective
territorial jurisdictions; and

(6) Criminal cases, juvenile and domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the jurisdiction of quasi-judicial bodies
and agencies, and/or such other special cases as the Supreme Court may
determine.

Jurisdiction over criminal cases under specific laws such as:

i. Jurisdiction over criminal and civil aspects of written defamation (Art.

360, Revised Penal Code);

ii. Jurisdiction of designated special courts over cases in violation of the

Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) as provided under Sec.
90 thereof;
 iii. Jurisdiction of designated RTC branches for violations of intellectual
property rights (A.M. No. 03-03-03-SC, effective July 1, 2003 implementing the
Intellectual Property Code of the Philippines (R.A. 82931);

iv. Jurisdiction to try all cases on money laundering. However, those

committed by public officers and private persons, who are in conspiracy with
such public officers, shall be under the jurisdiction of the Sandiganbayan (Sec. 5,
R.A. 9160, Anti-Money Laundering Act of 2001);

v. Cybercrimes (Republic Act No. 10175); and

Violations of Republic Act No. 10667, otherwise known as the Philippine Competition Act,
its implementing rules and regulations, and other competition laws (A.M. No. 19-08-06-SC
dated September 10, 2019).

20. What is the jurisdiction of Sandiganbayan?

(1) Violations of Republic Act No. 3019, as amended, otherwise, known as the
Anti-Graft and Corrupt Practices Act, and Republic Act No. 1379 (Exclusive
jurisdiction over officials and employees classified as Grade 27 and higher under
the Compensation and Position Classification Act of 1989);

(2) Crimes committed by public officers and employees including those

employed in government-owned or controlled corporations, embraced in Title VII
of the Revised Penal Code, whether simple or complexed with other crimes; and

(3) Other crimes or offenses committed by public officers or employees,

including those employed in government-owned or controlled corporations, in
relation to their office.

21. What are the rights of person arrested, detained or under custodial investigation?

(a) Any person arrested detained or under custodial investigation shall at all
times be assisted by counsel.

(b) Any public officer or employee, or anyone acting under his order or his place,
who arrests, detains or investigates any person for the commission of an offense
shall inform the latter, in a language known to and understood by him, of his
rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately
with the person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be provided with a
competent and independent counsel by the investigating officer.
 (c) The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumbmarked
if the person arrested or detained does not know how to read and write, it shall
be read and adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such investigation report shall be
null and void and of no effect whatsoever.

(d) Any extrajudicial confession made by a person arrested, detained or under

custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or
minister of the gospel as chosen by him; otherwise, such extrajudicial confession
shall be inadmissible as evidence in any proceeding.

(e) Any waiver by a person arrested or detained under the provisions of Article
125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the
waiver shall be null and void and of no effect.

(f) Any person arrested or detained or under custodial investigation shall be

allowed visits by or conferences with any member of his immediate family, or any
medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any national non-governmental
organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the
President. The person's "immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

22. Can any lawyer represent the accused in the exercise of his right to counsel?

No. Republic Act No. 7438 (1992), Sec. 3 provides as follows:

Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected
by the case, those charged with conducting preliminary investigation or those charged with
the prosecution of crimes.

23. What acts/omissions are punished under Wire Tapping and other related violations of
the Privacy of Communication?

Republic Act No. 4200 (1965), Secs. 1 and 2 provides, thus:

 Section 1. It shall be unlawful for any person, not being authorized by all the parties
to any private communication or spoken word, to tap any wire or cable, or by using
any other device or arrangement, to secretly overhear, intercept, or record such
communication or spoken word by using a device commonly known as a dictaphone
or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise
described:

It shall also be unlawful for any person, be he a participant or not in the act or acts penalized
in the next preceding sentence, to knowingly possess any tape record, wire record, disc
record, or any other such record, or copies thereof, of any communication or spoken word
secured either before or after the effective date of this Act in the manner prohibited by this
law; or to replay the same for any other person or persons; or to communicate the contents
thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete
or partial, to any other person: Provided, That the use of such record or any copies thereof
as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3
hereof, shall not be covered by this prohibition.

24. When should “miranda rights” be given to the accused?

During custodial investigation which refers to any questioning initiated by the police. when
the person is taken in custody or deprived of his liberty in a significant way.

25. What are the exceptions to right to counsel?

1. Spontaneous confessions to the mayor and media, without police directions (People
v. Andan)
2. Verbal confessions to the newsmen (People v. Andan)
3. Confession via interview with media broadcast (e.g., ABS-CBN) (People v. Endino)

26. What is the doctrine of "Fruit of the poisonous tree"?

The case of People v. Alicando demonstrate this, thus:

The Court ruled that the doctrine of "Fruit of the poisonous tree" is violated because the
confession is without the assistance of counsel (the tree), hence, the recovered evidence
such as Mae’s earrings, slippers, etc. (the fruits) are not admissible as evidence in court.

What is the tree? Confession. Primary source

What is the fruit? Evidence.

Because the tree is poisonous, the evidence obtained from it therefore cannot be used.
Two concepts:

1) Uncounseled confession - violate right to counsel

2) Exclusionary rule

27. When does the doctrine of "Fruit of the poisonous tree" not apply?

Mojello freely, voluntarily and intelligently entered into the extrajudicial confession in full
compliance with the Miranda doctrine the crime of rape. Thus, the confession, having
strictly complied with the constitutional requirements under Art. III, Sec. 12, par. 1, is
deemed admissible in evidence against appellant. It follows that the admission of culpability
made therein is admissible. It is therefore not "fruit of the poisonous tree" since the tree
itself is not poisonous. (People v. Mojello)

28. Where is protection from unreasonable arrest and search applicable?

Regardless of location. Apply the principle of reasonable expectation of privacy. Elements:

(1) There is a showing that there is really a reasonable expectation of privacy, and (2) the
community standards sees it a reasonable means to protect your privacy.

29. Does the principle of reasonable expectation of privacy apply to government issued
devices? - POSSIBLE MIDTERM QUESTION

Personal: It depends upon the terms of use between the employee and the government.
Where the terms provide that the government the right to inspect and access to the device,
then there is a reduced reasonable expectation of privacy according to such terms. Also,
when there is a waiver to such effect that the government can monitor the use of the device
by the employee, the employee effectively waives such right to privacy to intrusion of the
government with respect to the use and storage of materials into the particular device.

30. What does Republic Act No. 1405 (1955), as amended, Bank Secrecy law, protect? Can
a bank employee be subpoena-ed to appear before the court and be asked via subpoena
duces tecum, ad testificandum?

Customers’ bank information and transactions; and No, they cannot.

Republic Act No. 1405 (1955), as amended, states, viz:

Section 2. 1 All deposits of whatever nature with banks or banking institutions in the
Philippines including investments in bonds issued by the Government of the Philippines, its
political subdivisions and its instrumentalities, are hereby considered as of an absolutely
confidential nature and may not be examined, inquired or looked into by any person,
government official, bureau or office, except upon written permission of the depositor, or in
cases of impeachment, or upon order of a competent court in cases of bribery or dereliction
of duty of public officials, or in cases where the money deposited or invested is the subject
matter of the litigation.

Section 3. It shall be unlawful for any official or employee of a banking institution to disclose
to any person other than those mentioned in Section two hereof any information concerning
said deposits.

31. What is the account owner’s right to privacy enshrined under Bank Secrecy Act?

General Rule: Rule of absolute confidentiality of bank deposits, information and transactions

Exceptions: (1) upon written permission of the depositor; (2) in cases of impeachment; (3)
the examination of bank accounts is upon order of a competent court in cases of bribery or
dereliction of duty of public officials; and (4) the money deposited or invested is the subject
matter of the litigation. (5) Section 8 of R.A. Act No. 3019, the Anti-Graft and Corrupt
Practices Act. (6) AMLA.

32. What are the rights under Constitution, Article III, Sections 2 and 3? -MEMORIZE

Section 2. The right of the people to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures of whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of arrest shall issue except upon probable
cause to be determined personally by the judge after examination under oath or affirmation
of the complainant and the witnesses he may produce, and particularly describing the place
to be searched and the persons or things to be seized.

Section 3. (1) The privacy of communication and correspondence shall be inviolable except
upon lawful order of the court, or when public safety or order requires otherwise, as
prescribed by law.

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible
for any purpose in any proceeding.

31. What is a Search Warrant?

A search warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court. (Section 1, Rule 126)

32. What can be subject of a search warrant?

(a) Subject of the offense; (b) stolen or embezzled and other proceeds, or fruits of the
offense; or (c) used or intended to be used as the means of committing an offense.
Examples:

(a) Subject of the offense: If the offense is violation of the anti-drugs law, the dangerous
drugs themselves (Not just related, but the subject).

(b) Stolen or embezzled: Properties taken.

(c) Proceeds or fruits: money from sale of stolen firearm.

(d) Used: Knife to commit murder.

(e) Intended to be used: Computer, phones for crime of extortion before regular RTC
because it is penalized under RPC.

33. Who applies for a search warrant?

Police officer as the complainant. The application has to be endorsed by the head of the
police, in this particular instance, they refer to the head, they delineated the head, as the
head of the region. Then, the region refers it to the provincial head. Every application for
search warrants must be endorsed by the head of the area where it is being applied/sought
for.

34. Where can one file an application for a search warrant?

An application for search warrant shall be filed with the following:

(a) Any court within whose territorial jurisdiction a crime was committed.

(b) For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced.

However, if the criminal action has already been filed, the application shall only be made in
the court where the criminal action is pending. (Section 2, Rule 126)

35. What is a compelling reason?

Presence of conflict of interest, or when the judge is in official leave of absence on the day
the police officer comes to court to apply for search warrant. The absence of the judge is a
compelling reason if the court in question is a single sala court, and the executive judge is
the only judge in the area. In such a case, the office of the clerk of court will issue a
certification stating the executive judge is in official leave of absence. The application will
then state such fact that the executive judge is on official leave of absence, thus giving them
the authority to go to any court within region.
36. Can a first level court judge issue a search warrant?

Yes. A first level court judge can issue a search warrant regardless of the crime involved since
the application is not yet a criminal procedure. Thus, the penalty of the crime involved is not
yet taken into consideration (People v. Ed Marti Jr., 2016). Corollary to that, MTC (first level
court) can issue a search warrant for the application involving dangerous drugs even if it
does not have jurisdiction over violations of RA 9165. In a hearing for the application of
search warrant, it is the judge that asks questions because it is not an adversarial hearing.

37. Where can an application for cyber warrant be filed?

Cybercrime courts which jurisdiction is Province or the City;

An application for a warrant concerning a violation of Section 4 (Cybercrime Offenses)

and/or Section 5 (Other Offenses), Chapter II of RA 10175 shall be filed before any of the
designated cybercrime courts of the province or the city where the offense or any of its
elements has been committed, is being committed, or is about to be committed, or where
any part of the computer system used is situated, or where any of the damage caused to a
natural or juridical person took place.

Cybercrime courts which Jurisdiction is nationwide: However, the cybercrime courts in

Quezon City, the City of Manila, Makati City, Pasig City, Cebu City, Iloilo City, Davao City and
Cagayan De Oro City shall have the special authority to act on applications and issue
warrants which shall be enforceable nationwide and outside the Philippines.

Regional Trial Courts: An application for a warrant under this Rule for violation of Section 6,
Chapter II of RA 10175 (all crimes defined and penalized by the Revised Penal Code, as
amended, and other special laws, if committed by, through, and with the use of ICT) shall be
filed by the law enforcement authorities with the regular or other specialized regional trial
courts, as the case may be, within its territorial jurisdiction in the places above-described.
(Section 2.2, A.M. No. 17-11-03-SC)

38. How many kinds of cyber warrants are there?

1. Warrant to Disclose Computer Data,

2. Warrant to Intercept Computer Data,

3. Warrant to Search, Seize, and Examine Computer Data,

4. and Warrant to Examine Computer Data.

39. What are the requisites for issuing a search warrant?

Section 4, Rule 126

SEC. 4. Requisites for issuing search warrant. – A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the things to be
seized which may be anywhere in the Philippines.

40. What is probable cause for the issuance of a search warrant?

Facts and circumstances which would lead a reasonably discreet and prudent person to
believe that an offense has been committed and the object sought in connection with the
offense are in the place sought to be search (Pendon v CA, Burgos v Chief of Staff).

(Picture ng makakhuha ng 90+ sa crimpro)

41. Must probable cause be within the personal knowledge of the complainant or witness
he may produce? What about hearsay?

Yes. Personal knowledge must be based on personal knowledge. Hearsay is inadmissible in

PH jurisdiction.

However, personal knowledge of the witness, even if none on the part of the police officer,
suffices for purposes of establishing probable cause.

42. When should an application for search warrant be filed?

The rule of thumb is that the application for the warrant must be nearer to when the crime
was committed. 30 days is too remote a time, because the item might no longer be there.
The SC ruled that the nearer the time at which the observation of the offense is alleged to
have been made the more reasonable the conclusion of establishment of probable cause.

Thus, the application based on the testimony that the witness saw the respondent carrying
an unlicensed firearm 30 days ago should not be granted.

43. Can a search warrant be applied for two offenses?

Yes, but with respect to related/connected crimes in two separate provisions under the
same law. For example, illegal possession of firearms and a hand grenade.

No. It is a general warrant.

44. Without available numbering of houses in some locations, how would you describe
the place?

Submit photographs of the place. And describe with particularity the place, e.g., the color of
the roof, the gates, and such other identifying marks of the location sought to be searched.

45. With respect to the thing to be searched and seized, suppose that in the case
involving dangerous drugs that are usually placed on containers without indicated
weights. Hence, if the amount is undetermined, is that allowed?

Yes. The quantity may be undetermined but the drugs must be specified. Also, the scientific
names of the substance (e.g., shabu) need not be indicated. The word “shabu” is sufficient.
The application even need not indicate if they are leaves or fruiting tops since both are of
the same species.

46. For a person to be searched, what if the person is not present in the house, can
search be made?

As a general rule, No. The exception is that search can be executed in the presence of (1) the
lawful occupant of the house, (2) any member of the person’s family or (3) two witnesses of
sufficient age and discretion residing in the same locality. Section 8 of Rule 126 stated thus:

SEC. 8. Search of house, room, or premises to be made in presence of two witnesses. - No

search of a house, room, or any other premises shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality.

47. Can the search warrant be implemented 30 days after its issuance?

No. Search warrants will only be valid for 10 days. Section 10 of Rule 126 provides:
SEC. 10. Validity of search warrant. - A search warrant shall be valid for ten (10) days from
its date. Thereafter, it shall be void.

48. When should search warrant be implemented?

As a general rule, search warrant should be implemented at daytime. Exception is when the
property is on the person or in the place ordered to be searched, in which case the search
warrant may be served at any time of the day or night. This is because the person in
possession of the thing to be seized might not be in the house to be searched when the
warrant is supposed to be served. Section 9 of Rule 126 provides:

SEC. 9. Time of making search. – The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time of the day
or night.

49. When can you quash a search warrant?

Search warrant may be quashed when the warrant is a general warrant; there is abuse of
authority; or the case was already filed in the court.

Section 14 of Rule 126 stated, thus:

SEC. 14. Motion to quash a search warrant or to suppress evidence; where to file. - A motion
to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and
acted upon only by the court where the action has been instituted. If no criminal action has
been instituted, the motion may be filed in and resolved by the court that issued the 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.

50. What is probable cause?

Probable cause for a search is defined as such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and
that the objects sought in connection with the offense are in the place sought to be
searched. (Burgos v. Chief of Staff)

51. What is the general rule on searches and its exceptions (warrantless search)?
-MEMORIZE

Our rights as persons to be secure in our persons, houses, papers and other effects against
unreasonable searches and seizures of whatever nature and for whatever purpose shall be
in violable, which means a judicial warrant must be secured before a search can be made.
Any items or evidence without a valid search warrant can be excluded from evidence,
because that is likewise guaranteed under the constitutions. Here are exceptions to the
general rule.

a. Moving vehicles - Caroll PIMECCS

Plain View
b. Plain view Incidental to Lawful Arrest
Moving Vehicle
c. Waiver or consented searches Emergency Circumstances
Consented Search
d. Stop and frisk - Terry Custom Searches
Stop and Frisk
e. Search incidental to a lawful arrest
++
f. Exigent and emergency circumstances Hot Pursuit
Airport Search
g. Hot pursuit Routine Baggage Inspection

h. Customs searches

i. Airport searches

j. Routine baggage inspections

52. When is inspection on moving vehicles valid?

Routine inspections are not regarded as violative of an individual's right against

unreasonable search. The search which is normally permissible in this instance is limited to
the following instances: (1) where the officer merely draws aside the curtain of a vacant
vehicle which is parked on the public fair grounds; (2) simply looks into a vehicle; (3) flashes
a light therein without opening the car's doors; (4) where the occupants are not subjected
to a physical or body search; (5) where the inspection of the vehicles is limited to a visual
search or visual inspection; and (6) where the routine check is conducted in a fixed area.
(Caballes v. CA)

53. Is the limitation on inspection on moving vehicles to routine inspections absolute?

Does it have any exception?

When a vehicle is stopped and subjected to an extensive search, such a warrantless search
would be constitutionally permissible only if the officers conducting the search have
reasonable or probable cause to believe, before the search, that either the motorist is a
law-offender or they will find the instrumentality or evidence pertaining to a crime in the
vehicle to be searched. If the searching officer had to reach inside the vehicle, lift anything
to see what is in there, it CANNOT be considered a simple routine check. (Caballes v. CA)
54. The Court in People v. Mariacos ruled that there was a valid search. The looking into
the bag was done while the vehicle was moving. The police officer picked into the bag
while they were in the jeepney. The police searched and asked the passengers of who was
the owner of the bag. The police officers acting on a tip, searched the bag. Comment?

55. What are the tests for the applicable of the “Plain View” doctrine?

The first prong of the doctrine requires that "the police officer . . . had a prior justification
for an intrusion." This requirement was met in the present case since the officers were
acting pursuant to a legitimate search warrant directing the seizure of alcoholic beverages
upon the defendant's property. The second prong of the doctrine requires that during the
search the officers "came inadvertently across a piece of evidence incriminating the
accused." Further, "the extension of the original justification is legitimate only where it is
immediately apparent to the police that they have evidence before them." (U.S. v. Gray)

56. How was the case of People v. Musa decided?

There was a buy-bust operation, and the accused was arrested as a result. This was followed
by a search in the accused’s residence in search of the marked money tendered by the police
poser-buyer to the accused since after handing him the money, the accused went back to his
house (and gave the money to his wife) and upon return gave the PO the marijuana. So,
when they subsequently searched him after the arrest, the money was no more in his
person. During the search, the police found in the kitchen, and seized, a plastic bag hanging
in a corner. As a result, Musa was arrested for selling and possession of marijuana. The SC
held that plain view doctrine does not apply because the plastic was not transparent, hence
the police had no probable cause that the contents of the plastic was marijuana. Thus, he
was only convicted with selling of marijuana, and not of possession of the same.

57. How was the case of U.S. v. Matlock decided?

Law enforcement officers arrested defendant Matlock, a bank robbery suspect, in the front
yard of his house. Without asking defendant which room he occupied or whether he would
consent to a search, some officers went to the door of the house and were admitted by a
woman. The officers told her that they were looking for money and a gun, and they asked if
they could search the house. She consented to a search of the house, including the upstairs
bedroom in which defendant lived. The officers found $4,995 in cash in defendant's room,
and defendant was subsequently indicted in a federal district court for bank robbery.
Alleging that the search of his room was invalid, defendant sought to suppress evidence
consisting of the cash found in his room. The court here held that the principle that the
search of property, without warrant and without probable case, but with proper consent
voluntarily given, was valid under the Fourth Amendment. In the case at bar, the Court
determined that the State has overcame its burden of proof as to the woman’s authority to
consent to the search, given the fact that defendant and the woman jointly occupied the
room, and even represented themselves as husband and wife.

In justifying warrantless search by proof of voluntary consent, the prosecution may show
that permission to search was obtained from a third party who possessed common authority
over or other sufficient relationship to the premises or effects sought to be inspected.

58. How is waiver or consented warrantless search effected?

In case of consented searches or waiver of the constitutional guarantee against obtrusive

searches, it is fundamental that to constitute a waiver, it must first appear that

(1) the right exists;

(2) that the person involved had knowledge, either actual or constructive, of the
existence of such right; and

(3) the said person had an actual intention to relinquish the right.

The "consent" given under intimidating or coercive circumstances is no consent within the
purview of the constitutional guaranty. In addition, in cases where this Court upheld the
validity of consented search, it will be noted that the police authorities expressly asked, in
no uncertain terms, for the consent of the accused to be searched. As the constitutional
guaranty is not dependent upon any affirmative act of the citizen, the courts do not place
the citizens in the position of either contesting an officer’s authority by force, or waiving his
constitutional rights; but instead they hold that a peaceful submission to a search or seizure
is not a consent or an invitation thereto, but is merely a demonstration of regard for the
supremacy of the law. (Caballes v. CA, 373 SCRA 540 (2002))

59. How is stop-and-frisk conducted under the Terry Doctrine (BELIEF)?

The Terry Doctrine is of two parts: the "stop" and the "frisk." A valid "stop" by an officer
requires that he has a reasonable and articulable belief that criminal activity has happened
or is about to happen. The "frisk" made after the "stop" must be done because of a
reasonable belief that the person stopped is in possession of a weapon that will pose a
danger to the officer and others. The "frisk" must be a mere pat down outside the person's
outer garment and not unreasonably intrusive.

60. How is Search Incidental to a Lawful Arrest conducted?

This Court has recognized that "the exigencies of the situation" may sometimes make
exemption from the warrant requirement "imperative." A lawful custodial arrest creates a
situation which justifies the contemporaneous search without a warrant of the person
arrested and of the immediately surrounding area. Such searches have long been
considered valid because of the need "to remove any weapons that [the arrestee] might
seek to use in order to resist arrest or effect his escape" and the need to prevent the
concealment or destruction of evidence.

61. What is the purpose for determining whether there is probable cause by the judge in
the case when the accused is in custody and when the accused is at large?

The judge will determine if there is probable cause for the issuance of Warrant of Arrest, or
if the accused in custody, to hold him for trial.

If at large, meaning the accused is not in legal custody, the judge will determine whether
there is a need for the issuance of warrant of arrest. So, this is another probable cause from
Preliminary investigation.

If the accused is in custody, the judge will determine if reasonable cause exists to hold him
for trial. If there is already a charge, the judge will determine if he can be prosecuted for the
offense that he has been charged with.

If the accused is not in legal custody, these are those that have undergone preliminary
investigation. If he is not in custody, then the judge will determine whether this is probable
cause for the issuance of a warrant of arrest.

62. What is Arrest and How can it be made?

Section 1 of Rule 113 defines “arrest,” thus:

SECTION 1. Definition of arrest. - Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense.

It can be made either by accused’s submission to custody (voluntary) or by actual restraint

(involuntary). Section 2 of Rule 113 states that:

SEC. 2. Arrest; how made. - An arrest is made by an actual restraint of a person to be

arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subject to a greater restraint than is necessary for his detention.

68. When the police officer arrests someone by virtue of a warrant of arrest, does he need
to mirandize the person? (MIRANDA RIGHTS MEMORIZE)

You have the right to remain silent. Anything you say can and will be used against you in a
court of law. You have the right to speak to an attorney, and to have an attorney present
during any questioning.
Yes. The purpose of this is because the accused will be taken into custody. Thus, to
“mirandize” him is to appraise him as to why he has been arrested, his right to counsel, and
his right to remain silent. Moreover, it is necessary since the accused will be brought into
custody and an investigation will ensue.

69. When is “mirandizing” an accused not necessary?

“Mirandizing” of the accused is not necessary if a judicial warrant has already been issued,
meaning he underwent preliminary investigation, and the court found probable cause for
the issuance of a warrant of arrest. This is simply because after the arrest, the accused will
no longer go under investigation. Stated otherwise, if the judge already found probable
cause to issue a warrant of arrest, that means that an information has already been filed in
court and the requisite preliminary investigation has already been done. So, when the
accused is arrested by virtue of a warrant of arrest, he will no longer undergo custodial
investigation. After the arrest, the arraignment will be set, and then trial will ensue.

70. How is a warrant of arrest executed?

Section 4 of Rule 113 states that:

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 within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant. In case of his
failure to execute the warrant, he shall state the reasons therefor.

If the warrant was returned to the court unserved, the Court will issue an Alias warrant for
the same to be served again (Do not return until the person is arrested.). However, when the
person is arrested, the police must make a return, bring the person to the court, and say that
the warrant has been served. So that judge can issue a commitment order for the detention
of the person. If he is a minor, he is not going to be detained in the facility where the adults
are.

71. When can arrest without a warrant be lawful?

Section 5 of Rule 113 have the following provision:

SEC. 5. Arrest without warrant; when lawful. – A peace officer or a private person may,
without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
 (b) When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.

72. When is the time for making an arrest?

Section 6 of Rule 113 provides the following:

SEC. 6. Time of making arrest. – An arrest may be made on any day and at any time of the
day or night.

This is in contrast to that of a Search warrant wherein the police officer cannot do the search
during night time, unless it has been indicated in the warrant, and if it was alleged in the
application that the search warrant can only be served during night time.

73. What are the elements of an Arrest?

An arrest involves the following elements:

(1) The intention to effect an arrest under a real or pretended authority.

(2) An actual or constructive detention of the person to be arrested by a person having

present power to control the person arrested.

(3) A communication by the arresting officer to the person being arrested of his intention
then and there to effect an arrest.

(4) An understanding by the person being arrested that it is the officer's intention then and
there to arrest and detain him. (Chance v. State)

74. Differentiate the finding of probable cause between the judge and the prosecutor.

The determination of probable cause for the warrant is made by the judge. The preliminary
investigation proper — whether or not there is reasonable ground to believe that the
accused is guilty of the offense charged and therefore, whether or not he should be
subjected to the expense, rigors and embarrassment of trial — is a function of the
prosecutor. (Allado v. Diokno)

75. How should the judge make a finding of probable cause?

In finding of probable cause for the issuance of a warrant of arrest, the judge is not required
to personally examine the complainant and his witnesses. Following established doctrine
and procedure, he shall: (1) personally evaluate the report and the supporting documents
submitted by the fiscal regarding the existence of probable cause and, on the basis thereof,
issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may
disregard the fiscal’s report and require the submission of supporting affidavits of witnesses
to aid him in arriving at a conclusion as to the existence of probable cause.

If the judge is not satisfied with the basis of the report and supporting documents, what can
he do? He can ask the prosecutor to submit additional evidence (Do not enumerate or state
what has to be submitted). (AAA v. Carbonell)

74. What is preliminary investigation?

Section 1, Par. 1 of Rule 112 provides, thus:

SECTION 1. Preliminary investigation defined; when required. – Preliminary investigation

is an inquiry or proceeding to determine whether there is sufficient ground to engender a
well-founded belief that a crime has been committed and the respondent is probably
guilty thereof, and should be held for trial.

Except as provided in Section 7 of this Rule, a preliminary investigation is required to be

conducted before the filing of a complaint or information for an offense where the
penalty prescribed by law is at least four (4) years, two (2) months and one (1) day
without regard to the fine.

As a general rule, cases which can be held for preliminary investigation are those
penalized of imprisonment of at least four (4) years, two (2) months and one (1) day. The
nomenclature for the penalties imposed in paragraph 2, Sec 1, Rule 112 is prision
correccional.

Exception to this rule are cases under Section 6 of the same Rule, i.e., when the accused
is lawfully arrested without a warrant.

75. Who are the persons required to conduct preliminary investigation?

SEC. 2. Officers authorized to conduct preliminary investigations.

The following may conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) National and Regional State Prosecutors; and

(c) Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all crimes cognizable by
the proper court in their respective territorial jurisdictions.

Other officers authorized to conduct preliminary investigation

Ombudsman Administrative Order No. 07 dated 10 April 1990:

1) Ombudsman Investigators;

2) Special Prosecuting Officers;

3) Deputized Prosecutors;

4) Investigating Officials authorized by law to conduct preliminary

5) investigations or

6) Lawyers in the government service, so designated by the Ombudsman

PCGG can also conduct preliminary investigation.

76. What is the purpose of a preliminary investigation?

Determine the probable cause the crime was committed and that the accused is the person
who committed the crime and whether he can be held for trial. The facts and circumstances
in relation to the applicable laws, for this purposes, need only to establish probable cause.

Evidence in the possession of the public prosecutor does not change. Hence, when the
prosecutor goes to trial, he will bring to court the same evidence. In court, the quantum of
evidence is proof beyond reasonable doubt. Thus, the prosecutor, even if his evidence only
established probable cause during the preliminary investigation, can reasonably expect to
win the case.

During preliminary investigation, a judge can ask clarificatory questions, but never
cross-examine a witness. When the case is filed before the court, and evidence is attached
to the information, that’s when the judge will make a personal examination of the
documents before him/her and will determine probable cause if there’s a need to issue a
warrant of arrest or to order the trail of the accused. Hence, it is important to state the
name or the appellation of the respondent, and his address, because then, he will be
required to file is counter-affidavit.

77. Is preliminary investigation under Section 1 of Rule 112 required at all times?

No. Refer to Section 6 of Rule 112.

The general rule is that preliminary investigation is necessary in all cases which crimes
involved are punished of imprisonment of at least 4 years, 2 months and 1 day. The
exception is when an inquest proceeding has been conducted because the accused was
caught in flagrante delicto. No preliminary investigation will be conducted, but an “inquest”
will be conducted.

An inquest proceeding is an informal and summary investigation conducted by a public

prosecutor in criminal cases involving persons arrested and detained without the benefit of
warrant of arrest issued for the purpose of determining whether or not said persons should
remain under custody and correspondingly be charged in court. (DOJ Circular No. 61 dated
21 September 1993)

78. What is the consequence, should the accused execute a waiver of the provisions of
Article 125 of the Revised Penal Code?

For example, A was arrested without a warrant, and thus was undergoing an inquest
proceeding. He asks for a preliminary investigation instead. For such purpose, he must
execute A waiver of the provisions of Art. 125 of RPC in the presence of his counsel if he
wants a preliminary investigation. Notwithstanding his waiver, he can still apply for bail.

When the information was filed in court without a preliminary investigation because inquest
proceedings were conducted, the accused may file a motion for reinvestigation or
preliminary investigation within five (5) days upon learning of filing of the information or
complaint.

79. Can the prosecutor just withdraw a case when the was already filed in court simply
because the SOC reversed its resolution to file the said case?

No. The Court is the best and sole judge on what to do with the case before it. The
determination of the case is within its exclusive jurisdiction and competence. A motion to
dismiss the case filed by the fiscal should be addressed to the Court who has the option to
grant or deny the same. The rule therefore in this jurisdiction is that once a complaint or
information is filed in Court any disposition of the case as its dismissal or the conviction or
acquittal of the accused rests in the sound discretion of the Court. (Crespo v. Mogul)

80. Does the absence of a preliminary investigation impair the validity of an information or
render it defective?

No. The absence of a preliminary investigation does not impair the validity of an information
or render it defective. Neither does it affect the jurisdiction of the court or constitute a
ground for quashing the information. Instead of dismissing the information, the court should
hold the proceedings in abeyance and order the public prosecutor to conduct a preliminary
investigation. (Villaflor v. Vivar)
81. What is the limit of the right to examine and have access to records or evidence
during preliminary investigation, if any?

The respondent’s right to examine and have access to records or evidence during
preliminary investigation refer only to those submitted by the complainant and his
witnesses. (Estrada v. Ombudsman)

82. For example, the case is pending before the RTC of Angeles City, the accused feels
that, if the proceedings continue in Angeles City, he will not get the justice he deserves.
So, he files motion for change of venue before RTC. Decide.

The RTC Judge should deny the motion for lack of jurisdiction or lack of authority. The
motion must be filed before the SC since only the SC can change venue of the case.

83. What is the rule on transitory crimes with respect to the venue where the
Complaint/Information must be filed?

A person charged with a transitory/continuing crime (like Estafa and BP 22 in this case) may
be validly tried in any municipality or province where the offense was in part committed.
However, if the acts material and essential to the crime and requisite of its consummation
occurred in one municipality or territory, the Court of that municipality or territory has the
sole jurisdiction to try the case. (People v. Grospe, 157 SCRA 154 (1988))

84. What is a complaint as differentiated from Information? What are their requisites?

The requisites for both complaints and information are: (1) must be in writing, (2) name
after the People of the Philippines, (3) the complaint must indicate the person who appears
to be responsible of the offense. (Sec 2)

For a complaint, the requisites are: (1) sworn statement charging a person with an offense,
(2) subscribed by offended party, any police officer or other public officer in charged with
the enforcement of the law.

As for the Information, requisites are, (1) subscribed by prosecutor, (2) filed in court

With respect to the requirement of “subscribed by prosecutor,” first, case is assigned to an

investigating prosecutor. Then, if preliminary investigation is required, he will conduct the
investigation and issue a resolution and then issue an Information. This Information must be
approved by the City/Provincial Prosecutor (they signed on it). Absent that, then that is a
defect on the Information. (Sections 2 to 4 of Rule 110)

85. Who must prosecute a criminal action?

As a general rule, all criminal actions commenced by a complaint or information shall be

prosecuted under the direction and control of the prosecutor. The exception is in case of
heavy work schedule of the public prosecutor or in the event of lack of public prosecutors,
the private prosecutor may be authorized in writing by the Chief of the Prosecution Office
or the Regional State Prosecution to prosecute the case subject to the approval of the Court.

86. When is a complaint/information sufficient? -MEMORIZE

The following must be present: (1) Name, (2) designation of offense, (3) approximate date of
offense, (4) name of offended party, (5) place of offense, (6) acts/omission allegedly
committed.

87. When can the names of the offended parties be reflected in letters (e.g., AAA)?

When the offended party is a minor, he is designated in the information and the
prosecutor’s resolution as “AAA,” because his true name is known in the resolution or
supporting documents. They will just put a legend. It is required under RA 9262 that minor,
as the offended party, must be designated as “AAA.” As a general rule, this does not apply if
the minor is the accused, unless he is unknown, and, in which case, they will have to use a
fictitious name, e.g., “John Doe.”

Judge Mercado’s Opinion in re designating a minor accused in letters: A case was filed
before me designating the accused as “XXX.” I call for the attention of the prosecutor. The
prosecutor filed an amended Information to reflect the name of the accused. So, if the name
is reflected in the information and the accused is a minor, so henceforth he shall be known
as “XXX.” But at least you know who is the accused or CICL is. Because if there is no name,
then how would you know who is being accused of a crime? But after that, then he should
be designated in letters already because that’s what the law and the rules require.

88. How should a crime be designated?

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

If it’s murder, use the nomenclature used in the RPC, Art. 248. If the designation of the
prosecution is “violation of child abuse law RA7610, in relation to RPC on rape,” the offense,
or section allegedly violated must be specified.

89. What is the requirement of the place of the commission of the offense?

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

The complaint or information mas indicate the place to determine the jurisdiction of the
court. For transitory crime, it must indicate the place the particular element of the crime
(element must be indicated) was allegedly committed within the jurisdiction of the court
where such information is to be filed.

90. What is the requirement on the date of commission of the offense?

SEC. 11. Date of commission of the offense. – It is not necessary to state in the complaint or
information the precise date the offense was committed except when it is a material
ingredient of the offense. The offense may be alleged to have been committed on a date as
near as possible to the actual date of its commission.

The approximate date near the time the offense was committed must be indicated. The
statement, “Sometime in the months of Jan, Feb, Mar, Apr, May and June of 2022,” is not
sufficient. It can be indicated only as broad as the month of the alleged commission of the
crime such as “Sometime in March.”

91. When may Complaint/Information be amended?

1) there is amendment before the plea or arraignment, and

2) after plea or during trial – formal amendment with leave of court, done without
prejudice to the accused. For example, a defense counsel to inform the court during
arraignment that the name of the accused is not correctly spelled or complete. This has
nothing to do with sufficiency of information, but for practical purposes and for
clearance from the court, or probationary purposes because certificate of live birth will
be required of the accused.

92. What is the general rule in the prosecution of civil actions?

As a general rule, civil action is deemed instituted with the criminal action. Exception: when
the offended party waives, reserves, or institutes the civil action prior. It must be noted that
what is deemed instituted is the civil liability arising from the crime or ex-delicto. Not
quasi-delicts.

93. What if the civil action is filed after the criminal action?

The civil action will be suspended. This is the general rule for civil actions filed after the
institution of the criminal case.

94. What is the rule for criminal actions for violations of BP 22?
Civil action is included in the criminal action. It cannot be separately instituted. (Supreme
Court Circular No. 57-97 dated 16 September 1997)

95. When can a separate civil action proceed independently?

Yes. Cases under Act 32, 33, 34, and 2176 of the Civil Code may be instituted independently
from the criminal action. Note that these provisions pertains to action for damages, not civil
liability arising from a crime.

96. What is the effect of death of the accused in civil actions?

If death of the accused happens after arraignment and during the pendency of the criminal
action shall extinguish the civil liability arising from the delict. However, the independent
civil action instituted to enforce liability arising from other sources of obligation may be
continued against the estate or legal representative of the accused after proper substitution
or against said estate, as the case may be.

If the accused dies after he filed an appeal on his conviction, during appeal after conviction,
criminal liability and civil liability will be extinguished. In this instance, the case is still
pending, not final and executory, and the liability arose from a delict, not torts. The civil
liability which has extinguish is such that arose from delict, not from other sources. On the
procedure, what the civil liability survives, what happens next? What action will be taken
from the aggrieved party? File an action for recovery of the civil liability. By filing a civil
action, subject to Sec 1 of Rule 111, against the executor or administrator or the estate of
the accused, depending on the source of the obligation.

If the accuse dies before the arraignment, the criminal liability is extinguished per Article 89
of RPC, however, the offended party can file a civil action for recovery against the estate of
the accused.

97. Is a final judgment rendered in a civil case absolving the defendant from a criminal
liability, a bar from a civil action?

No. If the person seeks damages in a civil action, what quantum of proof is required?
Preponderance of evidence, in criminal action, proof beyond reasonable doubt. Lesser proof
in civil action compared to criminal action. The proper party in a civil action is the private
offended party, while in criminal action, it is the State.

98. What is a prejudicial question and its elements?

A prejudicial question is defined as that which arises in a case the resolution of which is a
logical antecedent of the issue involved therein, and the cognizance of which pertains to
another tribunal.

The prejudicial question must be determinative of the case before the court but the
jurisdiction to try and resolve the question must be lodged in another court or tribunal. It is
a question based on a fact distinct and separate from the crime but so intimately connected
with it that it determines the guilt or innocence of the accused (Ras v. Rasul, 100 SCRA 125
(1980)).

The elements of a prejudicial question are as follows:

(a) the previously instituted civil action involves an issue similar or intimately related to
the issue raised in the subsequent criminal action,

(b) the resolution of such issue determines whether or not the criminal action may
proceed, and

(c) the jurisdiction to try said prejudicial question must be lodged in another tribunal or
court. (Magestrado vs. People, GR No. 148072, July 10, 2007)

99. How is Yakult v CA decided?

This is a deviation from the rule. What circumstances warranted or merited the deviation
from the rule? What is the purpose of the rule in requiring reservation? To prevent the
offended party from recovering twice for the same act or omission. So, what makes this case
special?

An exception to the general rule:

Although the separate civil action filed in this case was without previous reservation in the
criminal case, nevertheless since it was instituted before the prosecution presented
evidence in the criminal action, and the judge handling the criminal case was informed
thereof, then the actual filing of the civil action is even far better than a compliance with
the requirement of an express reservation that should be made by the offended party
before the prosecution presents its evidence. – So not damage.

100. What is bail? What are the kinds of bail?

SECTION 1. Bail defined. - Bail is the security given for the release of a person in custody
of the law, furnished by him or a bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter specified. Bail may be given in the
form of corporate surety, property bond, cash deposit, or recognizance.

101. What is an example of excessive bail?

When the prosecutor recommends bail, it takes into consideration the imposable penalty,
the prosecutor gets the maximum penalty and multiplies it by, it depends on what the case
is, sometimes it’s times 3k for the case of homicide which maximum is reclusion temporal or
20 years. So, 20 years multiply by 3k is P60,000. So, what would be an example of an
excessive bail if that is the case? If the judge fixes the bail at 500k for a homicide case, that is
excessive because prosecutors follow a bail bond guide.

In drugs cases, the prosecutors multiply by 10k for every year. For example, in violation of
Section 11 of RA 9165, max penalty is 20 years, so 20 years x 10k. The prosecution would
recommend a bail of 200k for violation of sec 11.

102. Can an accused move for the reduction of the amount of bail?

Yes. On what ground? On account of the accused’s financial capacity, the inability of such
accused to post the fixed bail. Now, would it be granted? Normally, half or ¾ of it is granted,
depending on the financial capacity of the accused – to ensure the accused’s appearance in
court. Posted bails will be returned at the end or conclusion of the case, be it being
acquitted or convicted, with no interest. Accused to prove financial incapacity to move for
the reduction of the amount of bail. Reduction applies only to cash bonds. Surety bonds
cover the full amount of bail which in such a case cannot be reduced.

103. Can the court grant bail to an accused who was not in legal custody?

No. A court cannot grant bail to an accused who was not in legal custody. Bail is only
available if the person is in custody of the law. It is a security given for the release of a
person in custody. Hence, if the court has no jurisdiction over his person and he is not in
legal custody, then he cannot post bail.

Bail can be posted by someone, the bondman – individual or corporation (corporate surety),
who is not the accused.

For a property bond, the accused does not have to be the owner of the property as this can
be accomplished by a bondman.

The purpose of bail is to sure the appearance of the accused for trial.

Bail is available to one who is detained even before formal charges are filed against him. No
charges or information has been filed yet in court. There is presumption of innocence. In this
instance, where no information has been filed, hence no recommended bail, then the court
has to set bail. If the bail later on is found to be insufficient, then the court will just impose
additional bail.

104. When is bail a matter of right? (Sec 4)

SEC. 4. Bail, a matter of right; exception. - All persons in custody shall be admitted to bail as a
matter of right, with sufficient sureties, or released on recognizance as prescribed by law or
this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by
the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life
imprisonment.

So, if it is a matter of right, then what penalty is involved? Necessarily, all cases under the
jurisdiction of the first level courts are bailable. Penalties for first level court cases are 6
years and below. Maximum penalty for bailable offenses is 20 years. If the penalty is
reclusion perpetua or life imprisonment, the accused still apply for bail if the evidence is not
strong.

105. When is bail discretionary? (Sec 5)

SEC. 5. Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense
not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is
discretionary. The application for bail may be filed and acted upon by the trial court despite
the filing of a notice of appeal, provided it has not transmitted the original record to the
appellate court. However, if the decision of the trial court convicting the accused changed
the nature of the offense from non-bailable to bailable, the application for bail can only be
filed with and resolved by the appellate court.

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

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

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;

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

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

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

(e) That there is undue risk that he may commit another crime during the pendency of
the appeal.
The appellate court may, motu proprio or on motion of any party, review the resolution of
the Regional Trial Court after notice to the adverse party in either case.

This provision pertains to the case after the conviction. The other discretionary circumstance
is when the evidence of guilt is not strong. Section 5 talks about bail being discretionary
after conviction but on appeal. On the other hand, bail also is discretionary when it is a
capital offense but the evidence is not strong as provided under Section 7 of the same Rule,
viz:

SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment,

not bailable. - No person charged with a capital offense, or an offense punishable by
reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is
strong, regardless of the stage of the criminal prosecution.

106. What are the bail negating circumstance? MEMORIZE

Section 5 talks of bail negating circumstances: If the penalty imposed by the trial court is
imprisonment exceeding six (6) years, the accused shall be denied bail, or his bail shall be
cancelled upon a showing by the prosecution, with notice to the accused, of the following or
other similar circumstances: (Commit these to memory)

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the

crime aggravated by the circumstance of reiteration;

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

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

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

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

Assuming that the accused is convicted of homicide, so the penalty is medium of reclusion
temporal without mitigating or aggravating circumstance, and applying the indeterminate
sentence law, the accused is convicted an offense penalized with imprisonment, max of
which is 14 years – that is over 6 years. Should the RTC grant a motion for bail of the
convicted accused? Yes, on the condition that there are no negating circumstances. If the
records have been forwarded to the CA, can the RTC rule on the motion? No. The CA
acquires jurisdiction over the application for bail. Can the accused compel a trial court to
grant bail even if there are no bail negating circumstances? No. The granting of bail is
discretionary. It is never automatic on the part of the RTC to grant bail. If bail is denied in
the RTC, the accused can file a motion to post bail in the appellate court. However, it is not
automatic that the accused will be granted of posting bail as this instance is still
discretionary. (Note that this speaks of a scenario after conviction of RTC.)

107. What is a capital offense? (Sec 6)

SEC. 6. Capital offense defined. - A capital offense is an offense which, under the law existing
at the time of its commission and of the application for admission to bail, may be punished
with death.

The imposition of death being suspended the capital offenses now are Reclusion perpetua
and life imprisonment. Difference: Life Imprisonment – 40 years, Reclusion Perpetua – 20
years, 1 day to 40 years (for purposes of computation, 30 years, except when the penalty
imposed by the court is reclusion perpetua without possibility of parole because in such
instance, the accused will never go home).

108. Who has the burden of proof in an application for bail? (Sec 8)

SEC. 8. Burden of proof in bail application. – At the hearing of an application for bail filed by
a person who is in custody for the commission of an offense punishable by death, reclusion
perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of
guilt is strong. The evidence presented during the bail hearing shall be considered
automatically reproduced at the trial but, upon motion of either party, the court may recall
any witness for additional examination unless the latter is dead. outside the Philippines, or
otherwise unable to testify.

109. When bail is not required (Sec 16)

SEC. 16. Bail, when not required; reduced bail or recognizance. – No bail shall be required
when the law or these Rules so provide.

When a person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediately, without
prejudice to the continuation of the trial or the proceedings on appeal. If the maximum
penalty to which the accused may be sentenced is destierro, he shall be released after thirty
(30) days of preventive imprisonment.

This has been amended by AM No. 12-11-2-SC. It amended the term “maximum,” (in Red) to
“minimum” of imposable penalty.

110. Where is bail filed? (Sec 17)

The rule is that, the accused posts bail where the case is pending or filed. But if he is
arrested in his place of residence, and the case is filed in another area, he can post bail
where he is arrested. Suppose if the judge is not present or on leave of absence, and there is
only one judge (because if there are others, the bail can be acted upon by other judges
within the jurisdiction), then he can go to the nearest court. For example, for Angeles City,
the nearest court is in San Fernando Pampanga. Clerk of court may issue certification if the
judge is on leave, to be presented to another court. Any accused has access. You will not be
denied action on your motion to post bail. You can go to areas. We have nearest court
system in the judiciary.

If the bail is posted in a court other than where the case has been filed, the clerk of court
where the bail was posted or the judge who acted on the bail is required to forward the
same to court of origin.

111. What if a person is detained but not formally charged, can he post bail?

The provision in Section 16(c) applies. Anyone who is in danger of incarceration or has been
incarcerated without formal charges being filed against them can apply for bail. Besides, if
the amount of bail is insufficient when the case is finally filed, then it can be increased, and
the accused can be directed to post that amount.

For example, the case was filed in AC, but the accused posted bail in San Fernando, when
the bail is cancelled and ordered released, then the judge in AC will just order the clerk of
court in San Fernando to release the cash bond. So, it is always the court where the case is
pending which will order the release of the cash

L. It will just direct the clerk of court to release the cash bond in that particular jurisdiction.

112. Is there an exception to the rule of “No bail after final judgment”?

Yes. SEC. 24. No bail after final judgment; exception. – No bail shall be allowed after a
judgment of conviction has become final. If before such finality, the accused applies for
probation, he may be allowed temporary liberty under his bail. When no bail was filed or the
accused is incapable of filing one, the court may allow his release on recognizance to the
custody of a responsible member of the community. In no case shall bail be allowed after
the accused has commenced to serve sentence.

General rule: No bail after final judgment. Meaning 15 days has lapsed and no action was
taken, so the decision is final and executory. The Exception is when there is a judgment and
the accused applies for probation, he may be allowed temporary liberty. This is different
because that means that the accused files his application for probation within 15 days after
judgment. So, it is just like 15 days from appeal. So that means the accused took an action
within the 15-day period. So that is why he is allowed temporary liberty. But of course,
having said all of these, the court always needs the prosecutor to give his comment during
the hearing whether it will have any objection.
113. What do you understand by Arraignment? How is it made?

First Part. Once the case is filed before the court, the court will make either of two findings:
(1) find probable cause to hold the accused for trial if the accused is already in custody, and
(2) find probable cause to hold the accused for the issuance of warrant of arrest. We are for
the first track. Because the accused is in custody, so once the court issues an order finding
probable cause to hold him for trial, the court sets the case for his arraignment and pre-trial.
Both arraignment and pre-trial must be conducted within 10 days from the raffling of the
case (except for drugs cases which 10 days commences from the time the case was filed).

When the court hears the case, the accused is usually called and then asked for the language
or dialect he wants the information be read unto him. If the court has no interpreter for the
language or dialect preferred by the accused, the court will reset the date of the
arraignment. A copy of the Information, usually a photocopy, must be given to the accused.

Second Part. The accused must be present at the arraignment because that’s the reading of
the information upon the person who is accused of a crime.

The courts have a form for arraignment wherein is stated that the accused has been
arraigned, that he was assisted by his counsel, and both the accused and his counsel must
sign the form. The form consists the above information aside from the minutes of the
hearing and the Order of the court.

Third Part. When the accused refuses to plead or makes a conditional plea, a plea of not
guilty shall be entered for him. Only the judge can enter a plea for the accused. The court,
however, cannot enter a plea of guilty for the accused.

Fourth Part. When the accused pleads guilty but presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him. An example is
when the accused pleads guilty but asserts that he did commit the prohibited act in
self-defense (in case when he had killed the victim). Stated otherwise, he was saying that he
was not guilty of the crime charged.

Fifth Part. When the accused is under preventive detention. This rule has been modified per
rule on speedy trial. Accordingly, the arraignment and pre-trial must be set on the same day
(within 10 days).

Sixth Part. The private offended party shall be required to appear at the arraignment for
purposes of plea bargaining, determination of civil liability, and other matters requiring his
presence. Failure to appear, the court may allow the accused to enter a plea of guilty to a
lesser offense which is necessarily included in the offense charged with the conformity of
the trial prosecutor alone. This provision pertains to private crimes. Private offended party,
however, is not required to appear for the pre-trial. But, absence in the pre-trial constitutes
a waiver right he has during pre-trial. At pre-trial, the parties are supposed to mark the
evidence.

Seventh Part. The arraignment shall be held within thirty (30) days from the date the court
acquires jurisdiction over the person of the accused. This was amended to ten 10 days.

114. Can the accused enter a plea of guilty for a lesser offense? Under what conditions?
MIDETRMS

SEC. 2. Plea of guilty to a lesser offense. - At arraignment, the accused, with the consent of
the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a
lesser offense which is necessarily included in the offense charged. After arraignment but
before trial, the accused may still be allowed to plead guilty to said lesser offense after
withdrawing his plea of not guilty. No amendment of the complaint or information is
necessary. (Sec. 4, Cir. 38-98)

Remember that this pertains to private crimes. From Rape to Lascivious Misconduct, even if
the private complainant and prosecutor consents, or from murder to serious physical
injuries, should the judge allow it? Do the crimes belong to the same Title? Is the crime of
physical injuries necessarily included in the crime of murder? (lalagay daw to sa midterms.
Hahaha)

116. What should the court do if the accused enters a plea of guilty to capital offense?

SEC. 3. Plea of guilty to capital offense; reception of evidence. – When the accused pleads
guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness
and full comprehension of the consequences of his plea and shall require the prosecution to
prove his guilt and the precise degree of culpability. The accused may present evidence in his
behal

When the accused pleads guilty of the crime of murder, the trial judge will not convict him
right away and impose upon him the penalty of reclusion perpetua. The judge needs to hear
the case to know whether the alleged circumstance qualifies the crime into a murder, thus
hearing the case entirely.

117. What do you understand by improvident plea?

SEC. 5. Withdrawal of improvident plea of guilty. – At any time before the judgment of
conviction becomes final, the court may permit an improvident plea of guilty to be
withdrawn and be substituted by a plea of not guilty.
Improvident simply means it is not a wise decision, not sensible, short-sighted, myopic,
made in a rush manner, not thought of, careless.

An improvident plea of guilty may be withdrawn at any time before the judgment of
conviction becomes final or within 15 days from the promulgation of the conviction.

118. What is the duty of court to inform accused of his right to counsel?

SEC. 6. Duty of court to inform accused of his right to counsel. – Before arraignment, the
court shall inform the accused of his right to counsel and ask him if he desires to have one.
Unless the accused is allowed to defend himself in person or has employed counsel of his
choice, the court must assign a counsel de oficio to defend him.

The court usually requests assistance from IBP Legal Aid Office or Public Attorneys Office to
represent the accused. Can a non-lawyer represent/defend himself in court? No categorical
answer, but judge rhetorically asks if that would be a wise decision (which answer is No).

119. What is the affect of the absence of arraignment?

As a general rule, absence of arraignment will result in the nullity of the criminal proceeding
before the trial court. The exception is that when the accused despite not having been
arraigned, did not object to the continuation of the proceedings and actively participated in
the trial, the SC held the he is deemed to have waived the defect. This is because the
arraignment is supposed to inform you of the nature and cause of the accusation against
you, but if you actively participate then you already know what is the nature and the cause
of the accusation against you.