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The Revised Rules of Criminal Procedure

(Effective December 1, !!!"
Read the 1#$% Rules of Criminal Procedure,
&s &mended

T'E RE()*ED R+,E* -. CR)/)0&, PR-CED+RE
(R+,E* 11! 1 12, R+,E* -. C-+RT"
3Effective December 1, !!!4
R+,E 11! 1 PR-*EC+T)-0 -. -..E0*E*
*ection 15 )nstitution of criminal actions56 Criminal actions shall be instituted as
follows7chanroblesvirtuallawlibrar8
(a" .or offenses where a preliminar8 investigation is re9uired pursuant to section 1 of Rule 11, b8 filing
the complaint with the proper officer for the purpose of conducting the re9uisite preliminar8
investigation5
(b" .or all other offenses, b8 filing the complaint or information directl8 with the /unicipal Trial Courts
and /unicipal Circuit Trial Courts, or the complaint with the office of the prosecutor5 )n /anila and
other chartered cities, the complaints shall be filed with the office of the prosecutor unless otherwise
provided in their charters5
The institution of the criminal action shall interrupt the running of the period of prescription of the
offense charged unless otherwise provided in special laws5chanrobles virtualawlibrar8
*ec5 5 The complaint or information 6 The complaint or information shall be in writing, in the name
of the People of the Philippines and against all persons who appear to be responsible for the offense
involved5
*ec5 :5 Complaint defined5 6 & complaint is a sworn written statement charging a person with an
offense, subscribed b8 the offended part8, an8 peace officer, or other public officer charged with the
enforcement of the law violated5
*ec5 ;5 )nformation defined5 6 &n information is an accusation in writing charging a person with an
offense, subscribed b8 the prosecutor and filed with the court5
*ec5 %5 <ho must prosecute criminal actions5 6 &ll criminal actions commenced b8 a complaint or
information shall be prosecuted under the direction and control of the prosecutor5 'owever, in
/unicipal Trial Courts or /unicipal Circuit Trial Courts when the prosecutor assigned thereto or to the
case is not available, the offended part8, an8 peace officer, or public officer charged with the
enforcement of the law violated ma8 prosecute the case5 This authorit8 shall cease upon actual
intervention of the prosecutor or upon elevation of the case to the Regional Trial Court5 (Read &5/5 0-5
!11!21*C 3Effective /a8 !1, !!4 ,atest &mendments to *ection %, Rule 11! of the Revised Rules
of Criminal Procedure which provides7 = *ection %5 <ho must prosecute criminal action5 1 &ll criminal
actions either commenced b8 complaint or b8 information shall be prosecuted under the direction and
control of a public prosecutor5 )n case of heav8 wor> schedule of the public prosecutor or in the event of
lac> of public prosecutors, the private prosecutor ma8 be authori?ed in writing b8 the Chief of the
Prosecution -ffice or the Regional *tate Prosecutor to prosecute the case sub@ect to the approval of the
court5 -nce so authori?ed to prosecute the criminal action, the private prosecutor shall continue to
prosecute the case up to end of the trial even in the absence of a public prosecutor, unless the authorit8 is
revo>ed or otherwise withdrawn5 x x x= "5
The crimes of adulter8 and concubinage shall not be prosecuted except upon a complaint filed b8 the
offended spouse5 The offended part8 cannot institute criminal prosecution without including the guilt8
parties, if both are alive, nor, in an8 case, if the offended part8 has consented to the offense or pardoned
the offenders5
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted upon a
complaint filed b8 the offended part8 of her parents, grandparents or guardian, nor, in an8 case, if the
offender has been expressl8 pardoned b8 an8 of them5 )f the offended part8 dies or becomes
incapacitated before she can file the complaint, and she has no >nown parents, grandparents or guardian,
the *tate shall initiate the criminal action in her behalf5 chan robles virtual law librar8
The offended part8, even if a minor, has the right to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness independentl8 of her parents, grandparents, or guardian,
unless she is incompetent or incapable of doing so5 <here the offended part8, who is a minor, fails to
file the complaint, her parents, grandparents, or guardian ma8 file the same5 The right to file the action
granted to parents, grandparents, or guardian shall be exclusive of all other persons and shall be
exercised successivel8 in the order herein provided, except as stated in the preceding paragraph5
0o criminal action for defamation which consists in the imputation of an8 of the offenses mentioned
above shall be brought except at the instance of and upon complaint filed b8 the offended part85
The prosecution for violation of special laws shall be governed b8 the provision thereof5
*ec5 A5 *ufficienc8 of complaint or information5 6 & complaint or information is sufficient if it states the
name of the accusedB the designation of the offense given b8 the statuteB the acts or omissions
complained of as constituting the offenseB the name of the offended part8B the approximate date of the
commission of the offenseB and the place where the offense was committed5
<hen an offense is committed b8 more than one person, all of them shall be included in the complaint
or information5
*ec5 25 0ame of the accused5 6 The complaint or information must state the name and surname of the
accused or an8 appellation or nic>name b8 which he has been or is >nown5 )f his name cannot be
ascertained, he must be described under a fictitious name with a statement that his true name is
un>nown5
)f the true name of the accused is thereafter disclosed b8 him or appears in some other manner to the
court, such true name shall be inserted in the complaint or information and record5
*ec5 $5 Designation of the offense5 6 The complaint or information shall state the designation of the
offense given b8 the statute, aver the acts or omissions constituting the offense, and specif8 its
9ualif8ing and aggravating circumstances5 )f there is no designation of the offense, reference shall be
made to the section or subsection of the statute punishing it5
*ec5 #5 Cause of the accusation5 6 The acts or omissions complained of as constituting the offense and
the 9ualif8ing and aggravating circumstances must be stated in ordinar8 and concise language and not
necessaril8 in the language used in the statute but in terms sufficient to enable a person of common
understanding to >now what offense is being charged as well as its 9ualif8ing and aggravating
circumstance and for the court to pronounce @udgment5
*ec5 1!5 Place of commission of the offense5 6 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 @urisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense charged or is necessar8 for its identification5
*ec5 115 Date of commission of the offense5 1 )t is not necessar8 to state in the complaint or
information the precise date the offense was committed except when it is a material ingredient of the
offense5 The offense ma8 be alleged to have been committed on a date as near as possible to the actual
date of its commission5
*ec5 15 0ame of the offended part85 6 The complaint or information must state the name and surname
of the person against whom or against whose propert8 the offense was committed, or an8 appellation or
nic>name b8 which such person has been or is >nown5 )f there is no better wa8 of identif8ing him, he
must be described under a fictitious name5
(a" )n offenses against propert8, if the name of the offended part8 is un>nown, the propert8 must be
described with such particularit8 as to properl8 identif8 the offense charged5
(b" )f the true name of the person against whom or against whose propert8 the offense was committed is
thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint
or information and the record5
(c" )f the offended part8 is a @uridical person, it is sufficient to state its name, or an8 name or designation
b8 which it is >nown or b8 which it ma8 be identified, without need of averring that it is a @uridical
person or that it is organi?ed in accordance with law5
*ec5 1:5 Duplicit8 of the offense5 6 & complaint or information must charge onl8 one offense, except
when the law prescribes a single punishment for various offenses5chanrobles virtualawlibrar8
*ec5 1;5 &mendment or substitution5 6 & complaint or information ma8 be amended, in form or in
substance, without leave of court and when it can be done without causing pre@udice to the rights of the
accused5
'owever, an8 amendment before plea, which downgrades the nature of the offense charged in or
excludes an8 accused from the complaint or information, can be made onl8 upon motion b8 the
prosecutor, with notice to the offended part8 and with leave of court5 The court shall state its reasons in
resolving the motion and copies of its order shall be furnished all parties, especiall8 the offended part85
)f it appears at an8time before @udgment that a mista>e has been made in charging the proper offense,
the court shall dismiss the original complaint or information upon the filing of a new one charging the
proper offense in accordance with section 1#, Rule 11#, provided the accused shall not be placed in
double @eopard85 The court ma8 re9uire the witnesses to give bail for their appearance at the trial5
*ec5 1%5 Place where action is to be instituted5 1 (a" *ub@ect to existing laws, the criminal action shall
be instituted and tried in the court of the municipalit8 or territor8 where the offense was committed or
where an8 of its essential ingredients occurred5
(b" <here an offense is committed in a train, aircraft, or other public or private vehicle in the course of
its trip, the criminal action shall be instituted and tried in the court of an8 municipalit8 or territor8 where
such train, aircraft, or other vehicle passed during its trip, including the place of its departure and
arrival5 chan robles virtual law librar8
(c" <here an offense is committed on board a vessel in the course of its vo8age, the criminal action
shall be instituted and tried in the court of the first port of entr8 or of an8 municipalit8 or territor8 where
the vessel passed during such vo8age, sub@ect to the generall8 accepted principles of international law5
(d" Crimes committed outside the Philippines but punishable under &rticle of the Revised Penal
Code shall be cogni?able b8 the court where the criminal action is first filed5
*ec5 1A5 )ntervention of the offended part8 in criminal action5 6 <here the civil action for recover8 of
civil liabilit8 is instituted in the criminal action pursuant to Rule 111, the offended part8 ma8 intervene
b8 counsel in the prosecution of the offense5
R+,E 111 1 PR-*EC+T)-0 -. C)(), &CT)-0
*ection 15 )nstitution of criminal and civil actions5 6 (a" <hen a criminal action is instituted, the civil
action for the recover8 of civil liabilit8 arising from the offense charged shall be deemed instituted with
the criminal action unless the offended part8 waives the civil action, reserves the right to institute it
separatel8 or institutes the civil action prior to the criminal action5
The reservation of the right to institute separatel8 the civil action shall be made before the prosecution
starts presenting its evidence and under circumstances affording the offended part8 a reasonable
opportunit8 to ma>e such reservation5
<hen the offended part8 see>s to enforce civil liabilit8 against the accused b8 wa8 of moral, nominal,
temperate, or exemplar8 damages without specif8ing the amount thereof in the complaint or
information, the filing fees therefore shall constitute a first lien on the @udgment awarding such damages5
<here the amount of damages, other than actual, is specified in the complaint or information, the
corresponding filing fees shall be paid b8 the offended part8 upon the filing thereof in court5
Except as otherwise provided in these Rules, no filing fees shall be re9uired for actual damages5
0o counterclaim, cross1claim or third1part8 complaint ma8 be filed b8 the accused in the criminal
case, but an8 cause of action which could have been the sub@ect thereof ma8 be litigated in a separate
civil action5
(b" The criminal action for violation of Catas Pambansa Clg5 shall be deemed to include the
corresponding civil action5 0o reservation to file such civil action separatel8 shall be allowed5
+pon filing of the aforesaid @oint criminal and civil actions, the offended part8 shall pa8 in full the
filing fees based on the amount of the chec> involved, which shall be considered as the actual damages
claimed5 <here the complaint or information also see>s to recover li9uidated, moral, nominal, temperate
or exemplar8 damages, the offended part8 shall pa8 additional filing fees based on the amounts alleged
therein5 )f the amounts are not so alleged but an8 of these damages are subse9uentl8 awarded b8 the
court, the filing fees based on the amount awarded shall constitute a first lien on the @udgment5
<here the civil action has been filed separatel8 and trial thereof has not 8et commenced, it ma8 be
consolidated with the criminal action upon application with the court tr8ing the latter case5 )f the
application is granted, the trial of both actions shall proceed in accordance with section of this Rule
governing consolidation of the civil and criminal actions5
*ec5 5 <hen separate civil action is suspended5 6 &fter the criminal action has been commenced, the
separate civil action arising therefrom cannot be instituted until final @udgment has been entered in the
criminal action5 chan robles virtual law librar8
)f the criminal action is filed after the said civil action has alread8 been instituted, the latter shall be
suspended in whatever state it ma8 be found before @udgment on the merits5 The suspension shall last
until final @udgment is rendered in the criminal action5 0evertheless, before @udgment on the merits
rendered in the civil action, the same ma8, upon motion of the offended part8, be consolidated with the
criminal action in the court tr8ing the criminal action5 )n case of consolidation, the evidence alread8
adduced in the civil action shall be deemed automaticall8 reproduced in the criminal action without
pre@udice to the right of the prosecution to cross1examine the witness presented b8 the offended part8 in
the criminal case and of the parties to present additional evidence5 The consolidated criminal and civil
actions shall be tried and decided @ointl85
During the pendenc8 of the criminal action, the running period of prescription of the civil action which
cannot be instituted separatel8 or whose proceeding has been suspended shall be tolled5
The extinction of the penal action does not carr8 with it extinction of the civil action5 'owever, the
civil action based on delict shall be deemed extinguished if there is a finding in a final @udgment in the
criminal action that the act or omission from which the civil liabilit8 ma8 arise did not exist5
*ec5 :5 <hen civil action ma8 proceed independentl85 6 )n the cases provided in &rticles :, ::, :;
and 12A of the Civil Code of the Philippines, the independent civil action ma8 be brought b8 the
offended part85 )t shall proceed independentl8 of the criminal action and shall re9uire onl8 a
preponderance of evidence5 )n no case, however, ma8 the offended part8 recover damages twice for the
same act or omission charged in the criminal action5
*ec5 ;5 Effect of death on civil actions5 6 The death of the accused after arraignment and during the
pendenc8 of the criminal action shall extinguish the civil liabilit8 arising from the delict5 'owever, the
independent civil action instituted under section : of this Rule or which thereafter is instituted to enforce
liabilit8 arising from other sources of obligation ma8 be continued against the estate or legal
representative of the accused after proper substitution or against said estate, as the case ma8 be5 The
heirs of the accused ma8 be substituted for the deceased without re9uiring the appointment of an
executor or administrator and the court ma8 appoint a guardian ad litem for the minor heirs5
The court shall forthwith order said legal representative or representatives to appear and be substituted
within a period of thirt8 (:!" da8s from notice5
& final @udgment entered in favor of the offended part8 shall be enforced in the manner especiall8
provided in these rules for prosecuting claims against the estate of the deceased5 chan robles virtual law
librar8
)f the accused dies before arraignment, the case shall be dismissed without pre@udice to an8 civil action
the offended part8 ma8 file against the estate of the deceased5
*ec5 %5 Dudgment in civil action not a bar5 6 & final @udgment rendered in a civil action absolving the
defendant from civil liabilit8 is not a bar to a criminal action against the defendant for the same act or
omission sub@ect of the civil action5
*ec5 A5 *uspension b8 reason of pre@udicial 9uestion5 6 & petition for suspension of the criminal action
based upon the pendenc8 of a pre@udicial 9uestion in a civil action ma8 be filed in the office of the
prosecutor or the court conducting the preliminar8 investigation5 <hen the criminal action has been
filed in court for trial, the petition to suspend shall be filed in the same criminal action at an8 time before
the prosecution rests5
*ec5 25 Elements of pre@udicial 9uestion5 6 The elements of a pre@udicial 9uestions are7 (a" the
previousl8 instituted civil action involves an issue similar or intimatel8 related to the issue raised in the
subse9uent criminal action, and (b" the resolution of such issue determines whether or not the criminal
action ma8 proceed5
R+,E 11 1 PRE,)/)0&RE )0(E*T)F&T)-0
*ection 15 Preliminar8 investigation definedB when re9uired5 6 Preliminar8 investigation is an in9uir8
or proceeding to determine whether there is sufficient ground to engender a well1founded belief that a
crime has been committed and the respondent is probabl8 guilt8 thereof, and should be held for trial5
Except as provided in *ection 2 of this Rule, a preliminar8 investigation is re9uired to be conducted
before the filing of a compliant or information for an offense where the penalt8 prescribed b8 law is at
least four (;" 8ears, two (" months and one (1" da8 without regard to the fine5
*ec5 5 -fficers authori?ed to conduct preliminar8 investigations5 6 The following ma8 conduct
preliminar8 investigations7chanroblesvirtuallawlibrar8
(a" Provincial or Cit8 Prosecutors and their assistantsB
(b" Dudges of the /unicipal Trial Courts and /unicipal Circuit Trial CourtsB
(c" 0ational and Regional *tate ProsecutorsB and
(d" -ther officers as ma8 be authori?ed b8 law5
Their authorit8 to conduct preliminar8 investigations shall include all crimes cogni?able b8 the proper
court in their respective territorial @urisdictions5chanrobles virtualawlibrar8
*ec5 :5 Procedure56 The preliminar8 investigation shall be conducted in the following
manner7chanroblesvirtuallawlibrar8
(a" The complaint shall state the address of the respondent and shall be accompanied b8 the affidavits
of the complainant and his witnesses, as well as other supporting documents to establish probable cause5
The8 shall be in such number of copies as there are respondents, plus two (" copies for the official file5
The affidavits shall be subscribed and sworn to before an8 prosecutor or government official authori?ed
to administer oath, or, in their absence or unavailabilit8, before a notar8 public, each of whom must
certif8 that he personall8 examined the affiants and that he is satisfied that the8 voluntaril8 executed and
understood their affidavits5
(b" <ithin ten (1!" da8s after the filing of the complaint, the investigating officer shall either dismiss it
if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching
to it a cop8 of the complaint and its supporting affidavits and documents5
The respondent shall have the right to examine the evidence submitted b8 the complainant which he
ma8 not have been furnished and to cop8 them at his expense5 )f the evidence is voluminous, the
complainant ma8 be re9uired to specif8 those which he intends to present against the respondent, and
these shall be made available for examination or cop8ing b8 the respondent at his expense5
-b@ects as evidence need not be furnished a part8 but shall be made available for examination,
cop8ing, or photographing at the expense of the re9uesting part85
(c" <ithin ten (1!" da8s from receipt of the subpoena with the complaint and supporting affidavits and
documents, the respondent shall submit his counter1affidavit and that of his witnesses and other
supporting documents relied upon for his defense5 The counter1affidavits shall be subscribed and sworn
to and certified as provided in paragraph (a" of this section, with copies thereof furnished b8 him to the
complainant5 The respondent shall not be allowed to file a motion to dismiss in lieu of a counter1
affidavit5
(d" )f the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter1affidavits
within the ten (1!" da8 period, the investigating office shall resolve the complaint based on the evidence
presented b8 the complainant5
(e" The investigating officer ma8 set a hearing if there are facts and issues to be clarified from a part8
or a witness5 The parties can be present at the hearing but without the right to examine or cross1examine5
The8 ma8, however, submit to the investigating officer 9uestions which ma8 be as>ed to the part8 or
witness concerned5
The hearing shall be held within ten (1!" da8s from submission of the counter1affidavits and other
documents or from the expiration of the period for their submission5 )t shall be terminated within five (%"
da8s5
(f" <ithin ten (1!" da8s after the investigation, the investigating officer shall determine whether or not
there is sufficient ground to hold the respondent for trial5
*ec5 ;5 Resolution of investigating prosecutor and its review5 6 )f the investigating prosecutor finds
cause to hold the respondent for trial, he shall prepare the resolution and information5 'e shall certif8
under oath in the information that he, or as shown b8 the record, an authori?ed officer, has personall8
examined the complainant and his witnessesB that there is reasonable ground to believe that a crime has
been committed and that the accused is probabl8 guilt8 thereofB that the accused was informed of the
complaint and of the evidence submitted against himB and that he was given an opportunit8 to submit
controverting evidence5 -therwise, he shall recommend the dismissal of the complaint5
<ithin five (%" da8s from his resolution, he shall forward the record of the case to the provincial or
cit8 prosecutor or chief state prosecutor, or to the -mbudsman or his deput8 in cases of offenses
cogni?able b8 the *andiganba8an in the exercise of its original @urisdiction5 The8 shall act on the
resolution within ten (1!" da8s from their receipt thereof and shall immediatel8 inform the parties of
such action5
0o complaint or information ma8 be filed or dismissed b8 an investigating prosecutor without the
prior written authorit8 or approval of the provincial or cit8 prosecutor or chief state prosecutor or the
-mbudsman or his deput85
<here the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved b8 the provincial or cit8 prosecutor or chief state prosecutor or the
-mbudsman or his deput8 on the ground that a probable cause exists, the latter ma8, b8 himself, file the
information against the respondent, or direct another assistant prosecutor or state prosecutor to do so
without conducting another preliminar8 investigation5
)f upon petition b8 a proper part8 under such rules as the Department of Dustice ma8 prescribe or motu
propio, the *ecretar8 of Dustice reverses or modifies the resolution of the provincial or cit8 prosecutor or
chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding
information without conducting anther preliminar8 investigation, or to dismiss or move for dismissal of
the complaint or information with notice to the parties5 The same rule shall appl8 in preliminar8
investigations conducted b8 the officers of the -ffice of the -mbudsman5
*ec5 %5 Resolution of investigating @udge and its review5
6 <ithin ten (1!" da8s after the preliminar8 investigation, the investigating @udge shall transmit the
resolution of the case to the provincial or cit8 prosecutor, or to the -mbudsman or his deput8 in cases of
offenses cogni?able b8 the *andiganba8an in the exercise of its original @urisdiction, for appropriate
action5 The resolution shall state the findings of facts and the law supporting his action, together with the
record of the case which shall include7 (a" the warrant, if the arrest is b8 virtue of a warrantB (b" the
affidavits, counter1affidavits and other supporting evidence of the partiesB (c" the underta>ing or bail of
the accused and the order for his releaseB (d" the transcripts of the proceedings during the preliminar8
investigationB and (e" the order of cancellation of his bail bond, if the resolution is for the dismissal of
the complaint5
<ithin thirt8 (:!" da8s from receipt of the records, the provincial or cit8 prosecutor, or the
-mbudsman or his deput8, as the case ma8 be, shall review the resolution of the investigating @udge on
the existence of probable cause5 Their ruling shall expressl8 and clearl8 state the facts and the law on
which it is based and the parties shall be furnished with copies thereof5 The8 shall order the release of an
accused who is detained if no probable cause is found against him5
*ec5 A5 <hen warrant of arrest ma8 issue5 6 (a" C8 the Regional Trial Court5 6 <ithin ten (1!" da8s
from the filing of the complaint or information, the @udge shall personall8 evaluate the resolution of the
prosecutor and its supporting evidence5 'e ma8 immediatel8 dismiss the case if the evidence on record
clearl8 fails to establish probable cause5 )f he finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has alread8 been arrested pursuant to a warrant issued b8 the @udge
who conducted the preliminar8 investigation or when the complaint or information was filed pursuant to
section 2 of this Rule5 )n case of doubt on the existence of probable cause, the @udge ma8 order the
prosecutor to present additional evidence within five (%" da8s from notice and the issue must be resolved
b8 the court within thirt8 (:!" da8s from the filing of the complaint of information5 chan robles virtual
law librar8
(b" C8 the /unicipal Trial Court5 6 <hen re9uired pursuant to the second paragraph of section of this
Rule, the preliminar8 investigation of cases falling under the original @urisdiction of the /etropolitan
Trial Court, /unicipal Trial Court in Cities, /unicipal Trial Court, or /unicipal Circuit Trial Court
ma8 be conducted b8 either the @udge or the prosecutor5 <hen conducted b8 the prosecutor, the
procedure for the issuance of a warrant of arrest b8 the @udge shall be governed b8 paragraph (a" of this
section5 <hen the investigation is conducted b8 the @udge himself, he shall follow the procedure
provided in section : of this Rule5 )f his findings and recommendations are affirmed b8 the provincial or
cit8 prosecutor, or b8 the -mbudsman or his deput8, and the corresponding information is filed, he shall
issue a warrant of arrest5 'owever, without waiting for the conclusion of the investigation, the @udge
ma8 issue a warrant of arrest if he finds after an examination in writing and under oath of the
complainant and his witnesses in the form of searching 9uestions and answers, that a probable cause
exists and that there is a necessit8 of placing the respondent under immediate custod8 in order not to
frustrate the ends of @ustice5
(c" <hen warrant of arrest not necessar85 6 & warrant of arrest shall not issue if the accused is alread8
under detention pursuant to a warrant issued b8 the municipal trial court in accordance with paragraph
(b" of this section, or if the complaint or information was filed pursuant to section 2 of this Rule or is for
an offense penali?ed b8 fine onl85 The court shall them proceed in the exercise of its original
@urisdiction5
*ec5 25 <hen accused lawfull8 arrested without warrant5 6 <hen a person is lawfull8 arrested without
a warrant involving an offense which re9uires a preliminar8 investigation, the complaint or information
ma8 be filed b8 a prosecutor without need of such investigation provided an in9uest has been conducted
in accordance with existing rules5 )n the absence or unavailabilit8 of an in9uest prosecutor, the
complaint ma8 be filed b8 the offended part8 or a peace officer directl8 with the proper court on the
basis of the affidavit of the offended part8 or arresting officer or person5
Cefore the complaint or information is filed, the person arrested ma8 as> for a preliminar8
investigation in accordance with this Rule, but he must sign a waiver of the provision of &rticle 1% of
the Revised Penal Code, as amended, in the presence of his counsel5 0otwithstanding the waiver, he
ma8 appl8 for bail and the investigation must be terminated within fifteen (1%" da8s from its inception5
&fter the filing of the complaint or information in court without a preliminar8 investigation, the
accused ma8, within five (%" da8s from the time he learns of its filing, as> for a preliminar8 investigation
with the same right to adduce evidence in his defense as provided in this Rule5
*ec5 $5 Records5 6 (a" Records supporting the information or complaint5 6 &n information or complaint
filed in court shall be supported b8 the affidavits and counter1affidavits of the parties and their
witnesses, together with the other supporting evidence and the resolution on the case5
(b" Record of preliminar8 investigation5 6 The record of the preliminar8 investigation, whether
conducted b8 a @udge or a prosecutor, shall not form part of the record of the case5 'owever, the court,
on its own initiative or on motion of an8 part8, ma8 order the production of the record or an8 of its part
when necessar8 in the resolution of the case or an8 incident therein, or when it is to be introduced as an
evidence in the case b8 the re9uesting part85
*ec5 #5 Cases not re9uiring a preliminar8 investigation nor covered b8 the Rule on *ummar8
Procedure5 6 (a" )f filed with the prosecutor5 6 )f the complaint is filed directl8 with the prosecutor
involving an offense punishable b8 imprisonment of less than four (;" 8ears, two (" months and one (1"
da8, the procedure outlined in section :(a" of this Rule shall be observed5 The prosecutor shall act on the
complaint based on the affidavits and other supporting documents submitted b8 the complainant within
ten (1!" da8s from its filing5
(b" )f filed with the /unicipal Trial Court5 6 )f the complaint or information is filed with the
/unicipal Trial Court or /unicipal Circuit Trial Court for an offense covered b8 this section, the
procedure in section : (a" of this Rule shall be observed5 )f within ten (1!" da8s after the filing of the
complaint or information, the @udge finds no probable cause after personall8 evaluating the evidence, or
after personall8 examining in writing and under oath the complainant and his witnesses in the form of
searching 9uestions and answers, he shall dismiss the same5 'e ma8, however, re9uire the submission of
additional evidence, within ten (1!" da8s from notice, to determine further the existence of probable
cause5 )f the @udge still finds no probable cause despite the additional evidence, he shall, within ten (1!"
da8s from its submission or expiration of said period, dismiss the case5 <hen he finds probable cause,
he shall issue a warrant of arrest, or a commitment order if the accused had alread8 been arrested, and
hold him for trial5 'owever, if the @udge is satisfied that there is no necessit8 for placing the accused
under custod8, he ma8 issue summons instead of a warrant of arrest5
R+,E 11: 1 &RRE*T
*ection 15 Definition of arrest5 6 &rrest is the ta>ing of a person into custod8 in order that he ma8 be
bound to answer for the commission of an offense5
*ec5 5 &rrestB how made5 6 &n arrest is made b8 an actual restraint of a person to be arrested, or b8
his submission to the custod8 of the person ma>ing the arrest5
0o violence or unnecessar8 force shall be used in ma>ing an arrest5 The person arrested shall not be
sub@ect to a greater restraint than is necessar8 for his detention5
*ec5 :5 Dut8 of arresting officer5 6 )t shall be the dut8 of the officer executing the warrant to arrest the
accused and deliver him to the nearest police station or @ail without unnecessar8 dela85
*ec5 ;5 Execution of warrant5 6 The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (1!" da8s from its receipt5 <ithin ten (1!"
da8s after the expiration of the period, the officer to whom it was assigned for execution shall ma>e a
report to the @udge who issued the warrant5 )n case of his failure to execute the warrant, he shall state the
reason therefore5
*ec5 %5 &rrest without warrantB when lawful5 6 & peace officer or a private person ma8, without a
warrant, arrest a person7chanroblesvirtuallawlibrar8
(a" <hen, in his presence, the person to be arrested has committed, is actuall8 committing, or is
attempting to commit an offenseB
(b" <hen an offense has @ust been committed and he has probable cause to believe based on personal
>nowledge of facts or circumstances that the person to be arrested has committed itB and
(c" <hen the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final @udgment or is temporaril8 confined while his case is pending, or has escaped
while being transferred from one confinement to another5
)n cases falling under paragraphs (a" and (b" above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or @ail and shall be proceeded against in accordance with
section 2 of Rule 115chanrobles virtualawlibrar8
*ec5 A5 Time of ma>ing arrest5 6 &n arrest ma8 be made on an8 da8 and at an8 time of the da8 or
night5
*ec5 25 /ethod of arrest b8 officer b8 virtue of warrant5
6 <hen ma>ing an arrest b8 virtue of a warrant, the officer shall inform the person to be arrested of the
cause of the arrest and the fact that a warrant has been issued for his arrest, except when he flees or
forcibl8 resists before the officer has opportunit8 to so inform him, or when the giving of such
information will imperil the arrest5 The officer need not have the warrant in his possession at the time of
the arrest but after the arrest, if the person arrested so re9uires, the warrant shall be shown to him as
soon as practicable5 chan robles virtual law librar8
*ec5 $5 /ethod of arrest b8 officer without warrant5 6 <hen ma>ing an arrest without a warrant, the
officer shall inform the person to be arrested of his authorit8 and the cause of the arrest, unless the latter
is either engaged in the commission of an offense, is pursued immediatel8 after its commission, has
escaped, flees, or forcibl8 resists before the officer has opportunit8 to so inform him, or when the giving
of such information will imperil the arrest5
*ec5 #5 /ethod of arrest b8 private person5 6 <hen ma>ing an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and the case of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediatel8 after its commission, or has escaped,
flees, or forcibl8 resists before the person ma>ing the arrest has opportunit8 to so inform him, or when
the giving of such information will imperil the arrest5
*ec5 1!5 -fficer ma8 summon assistance5 6 &n officer ma>ing a lawful arrest ma8 orall8 summon as
man8 persons as he deems necessar8 to assist him in effecting the arrest5 Ever8 person so summoned b8
an officer shall assist him in effecting the arrest when he can render such assistance without detriment to
himself5
*ec5 115 Right of officer to brea> into building or enclosure5 6 &n officer, in order to ma>e an arrest
either b8 virtue of a warrant, or without a warrant as provided in section %, ma8 brea> into an8 building
or enclosure where the person to be arrested is or is reasonabl8 believed to be, if he is refused
admittance thereto, after announcing his authorit8 and purpose5
*ec5 15 Right to brea> out from building or enclosure5 6 <henever an officer has entered the building
or enclosure in accordance with the preceding section, he ma8 brea> out therefrom when necessar8 to
liberate himself5
*ec5 1:5 &rrest after escape or rescue5 6 )f a person lawfull8 arrested escapes or is rescued, an8 person
ma8 immediatel8 pursue or reta>e him without a warrant at an8 time and in an8 place within the
Philippines5
*ec5 1;5 Right of attorne8 or relative to visit person arrested5 6 &n8 member of the Philippine Car
shall, at the re9uest of the person arrested or of another acting in his behalf, have the right to visit and
confer privatel8 with such person in the @ail or an8 other place of custod8 at an8 hour of the da8 or night5
*ub@ect to reasonable regulations, a relative of the person arrested can also exercise the same right5
R+,E 11; 1 C&),
*ection 15 Cail defined5 6 Cail is the securit8 given for the release of a person in custod8 of the law,
furnished b8 him or a bondsman, to guarantee his appearance before an8 court as re9uired under the
conditions hereinafter specified5 Cail ma8 be given in the form of corporate suret8, propert8 bond, cash
deposit, or recogni?ance5
*ec5 5 Conditions of the bailB re9uirements5 6 &ll >inds of bail are sub@ect to the following
conditions7chanroblesvirtuallawlibrar8
(a" The underta>ing shall be effective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the @udgment of the Regional Trial Court, irrespective of
whether the case was originall8 filed in or appealed to itB
(b" The accused shall appear before the proper court whenever re9uired b8 the court of these RulesB
(c" The failure of the accused to appear at the trial without @ustification and despite due notice shall be
deemed a waiver of his right to be present thereat5 )n such case, the trial ma8 proceed in absentiaB and
(d" The bondsman shall surrender the accused to the court for execution of the final @udgment5
The original papers shall state the full name and address of the accused, the amount of the underta>ing
and the conditions re9uired b8 this section5 Photographs (passport si?e" ta>en within the last six (A"
months showing the face, left and right profiles of the accused must be attached to the bail5chanrobles
virtualawlibrar8
*ec5 :5 0o release or transfer except on court order or bail5 6 0o person under detention b8 legal
process shall be released or transferred except upon order of the court or when he is admitted to bail5
*ec5 ;5 Cail, a matter of rightB exception5 6 &ll persons in custod8 shall be admitted to bail as a matter
of right, with sufficient sureties, or released on recogni?ance as prescribed b8 law or this Rule (a" before
or after conviction b8 the /etropolitan Trial Court, /unicipal Trial Court, /unicipal Trial Court in
Cities, or /unicipal Circuit Trial Court, and (b" before conviction b8 the Regional Trial court of an
offense not punishable b8 death, reclusion perpetua, or life imprisonment5
*ec5 %5 Cail, when discretionar85 6 +pon conviction b8 the Regional Trial Court of an offense not
punishable b8 death,reclusion perpetua, or life imprisonment, admission to bail is discretionar85 The
application for bail ma8 be filed and acted upon b8 the trial court despite the filing of a notice of appeal,
provided it has not transmitted the original record to the appellate court5 'owever, if the decision of the
trial court conviction the accused changed the nature of the offense from non1bailable to bailable, the
application for bail can onl8 be filed with and resolved b8 the appellate court5
*hould the court grant the application, the accused ma8 be allowed to continue on provisional libert8
during the pendenc8 of the appeal under the same bail sub@ect to the consent of the bondsman5
)f the penalt8 imposed b8 the trial court is imprisonment exceeding six (A" 8ears, the accused shall be
denied bail, or his bail shall be cancelled upon a showing b8 the prosecution, with notice to the accuse,
of the following or other similar circumstances7chanroblesvirtuallawlibrar8
(a" That he is a recidivist, 9uasi1recidivist, or habitual delin9uent, or has committed the crime aggravated
b8 the circumstance of reiterationB
(b" That he has previousl8 escaped from legal confinement, evaded sentence, or violated the conditions
of his bail without valid @ustificationB
(c" That he committed the offense while under probation, parole, or conditional pardonB
(d" That the circumstances of his case indicate the probabilit8 of flight if released on bailB or
(e" That there is undue ris> that he ma8 commit another crime during the pendenc8 of the appeal5
The appellate court ma8, motu proprio or on motion of an8 part8, review the resolution of the
Regional Trial Court after notice to the adverse part8 in either case5chanrobles virtualawlibrar8
*ec5 A5 Capital offense defined5 6 & capital offense is an offense which, under the law existing at the
time of its commission and of the application for admission to bail, ma8 be punished with death5
*ec5 25 Capital offense or an offense punishable b8 reclusion perpetua or life imprisonment, not
bailable5 6 0o person charged with a capital offense, or an offense punishable b8 reclusion perpetua or
life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of
the criminal prosecution5 chan robles virtual law librar8
*ec5 $5 Curden of proof in bail application5 6 &t the hearing of an application for bail filed b8 a person
who is in custod8 for the commission of an offense punishable b8 death, reclusion perpetua, or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is strong5 The evidence
presented during the bail hearing shall be considered automaticall8 reproduced at the trial but, upon
motion of either part8, the court ma8 recall an8 witness for additional examination unless the latter is
dead, outside the Philippines, or otherwise unable to testif85
*ec5 #5 &mount of bailB guidelines5 6 The @udge who issued the warrant or granted the application shall
fix a reasonable amount of bail considering primaril8, but not limited to, the following
factors7chanroblesvirtuallawlibrar8
(a" .inancial liabilit8 of the accused to give bailB
(b" 0ature and circumstance of the offenseB
(c" Penalt8 for the offense chargedB
(d" Character and reputation of the accusedB
(e" &ge and health of the accusedB
(f" <eight of the evidence against the accusedB
(g" Probabilit8 of the accused appearing at the trialB
(h" .orfeiture of other bailB
(i" The fact that the accused was a fugitive from @ustice when arrestedB and
(@" Pendenc8 of other cases where the accused is on bail5
Excessive bail shall not be re9uired5chanrobles virtualawlibrar8
*ec5 1!5 Corporate suret85 6 &n8 domestic or foreign corporation, licensed as a suret8 in accordance
with law and currentl8 authori?ed to act as such, ma8 provide bail b8 a bond subscribed @ointl8 b8 the
accused and an officer of the corporation dul8 authori?ed b8 its board of directors5
*ec5 115 Propert8 bond, how posted5 6 & propert8 bond is an underta>ing constituted as lien on the real
propert8 given as securit8 for the amount of the bail5 <ithin ten (1!" da8s after the approval of the bond,
the accused shall cause the annotation of the lien on the certificate of title on file with the Registr8 of
Deeds if the land is registered, or if unregistered, in the Registration Coo> on the space provided
therefore, in the Registr8 of Deeds for the province or cit8 where the land lies, and on the corresponding
tax declaration in the office of the provincial, cit8 and municipal assessor concerned5
<ithin the same period, the accused shall submit to the court his compliance and his failure to do so
shall be sufficient cause for the cancellation of the propert8 bond and his re1arrest and detention5
*ec5 15 Gualifications of sureties in propert8 bond5 6 The 9ualifications of sureties in a propert8 bond
shall be as follows7chanroblesvirtuallawlibrar8
(a" Each must be a resident owner of real estate within the PhilippinesB
(b" <here there is onl8 one suret8, his real estate must be worth at least the amount of underta>ingB
(c" )f there are two or more sureties, each ma8 @ustif8 in an amount less than that expressed in the
underta>ing but the aggregate of the @ustified sums must be e9uivalent to the whole amount of the bail
demanded5
)n all cases, ever8 suret8 must be worth the amount specified in his own underta>ing over and above
all @ust debts, obligations and properties exempt from execution5chanrobles virtualawlibrar8
*ec5 1:5 Dustification of sureties5 6 Ever8 suret8 shall @ustif8 b8 affidavit ta>en before the @udge that he
possesses the 9ualification prescribed in the preceding section5 'e shall describe the propert8 given as
securit8, stating the nature of his title, its encumbrances, the number and amount of other bails entered
into b8 him and still undischarged, and his other liabilities5 The court ma8 examine the sureties upon
oath concerning their sufficienc8 in such manner as it ma8 deem proper5 0o bail shall be approved
unless the suret8 is 9ualified5
*ec5 1;5 Deposit of cash as bail5 6 The accused or an8 person acting in his behalf ma8 deposit in cash
with the nearest collector of internal revenue or provincial, cit8, or municipal treasurer the amount of
bail fixed b8 the court, or recommended b8 the prosecutor who investigated or filed the case5 +pon
submission of a proper certificate of deposit and a written underta>ing showing compliance with the
re9uirements of section of this Rule, the accused shall be discharged from custod85 The mone8
deposited shall be considered as bail and applied to the pa8ment of fine and costs while the excess, if
an8, shall be returned to the accused or to whoever made the deposit5
*ec5 1%5 Recogni?ance5 6 <henever allowed b8 law or these Rules, the court ma8 release a person in
custod8 on his own recogni?ance or that of a responsible person5
*ec5 1A5 Cail, when not re9uiredB reduced bail or recogni?ance5 6 0o bail shall be re9uired when the
law or these Rules so provide5
<hen a person has been in custod8 for a period e9ual to or more than the possible maximum
imprisonment prescribed for the offense charged, he shall be released immediatel8, without pre@udice to
the continuation of the trial or the proceedings on appeal5 )f the maximum penalt8 to which the accused
ma8 be sentenced is destierro, he shall be released after thirt8 (:!" da8s of preventive imprisonment5
& person in custod8 for a period e9ual to or more than the minimum of the principal penalt8
prescribed for the offense charged, without application of the )ndeterminate *entence ,aw or an8
modif8ing circumstance, shall be released on a reduced bail or on his own recogni?ance, at the
discretion of the court5
*ec5 125 Cail, where filed5 6 (a" Cail in the amount fixed ma8 be filed with the court where the case is
pending, or in the absence or unavailabilit8 of the @udge thereof, with an8 regional trial @udge,
metropolitan trial @udge, municipal trial @udge, or municipal circuit trial @udge in the province, cit8 or
municipalit85 )f the accused is arrested in a province, cit8, or municipalit8 other than where the case is
pending, bail ma8 also be filed with an8 regional trial court of said place, of if no @udge thereof is
available, with an8 metropolitan trial @udge, municipal trial @udge, or municipal circuit trial @udge
therein5
(b" <here the grant of bail is a matter of discretion, or the accused see>s to be released on
recogni?ance, the application ma8 onl8 be filed in the court where the case is pending, whether on
preliminar8 investigation, trial, or appeal5
&n8 person in custod8 who is not 8et charged in court ma8 appl8 for bail with an8 court in the
province, cit8, or municipalit8 where he is held5
*ec5 1$5 0otice of application to prosecutor5 6 )n the application for bail under section $ of this Rule,
the court must give reasonable notice of the hearing to the prosecutor or re9uire him to submit his
recommendation5
*ec5 1#5 Release on bail5 6 The accused must be discharged upon approval of the bail b8 the @udge
with whom it was filed in accordance with section 12 of this Rule5
<hen bail is filed with a court other than where the case is pending, the @udge who accepted the bail
shall forward it, together with the order of release and other supporting papers, to the court where the
case is pending, which ma8, for good reason, re9uire a different one to be filed5
*ec5 !5 )ncrease or reduction of bail5 6 &fter the accused is admitted to bail, the court ma8, upon good
cause, either increase or reduce its amount5 <hen increased, the accused ma8 be committed to custod8 if
he does not give bail in the increased amount within a reasonable period5 &n accused held to answer a
criminal charge, who is released without bail upon filing of the complaint or information, ma8, at an8
subse9uent stage of the proceedings and whenever a strong showing of guilt appears to the court, be
re9uired to give bail in the amount fixed, or in lieu thereof, committed to custod85 chan robles virtual
law librar8
*ec5 15 .orfeiture of bail5 6 <hen the presence of the accused is re9uired b8 the court or these Rules,
his bondsmen shall be notified to produce him before the court on a given date and time5 )f the accused
fails to appear in person as re9uired, his bail shall be declared forfeited and the bondsmen given thirt8
(:!" da8s within which to produce their principal and to show wh8 no @udgment should be rendered
against them for the amount of their bail5 <ithin the said period, the bondsmen
must7chanroblesvirtuallawlibrar8
(a" produce the bod8 of their principal or give the reason for his non1productionB and
(b" explain wh8 the accused did not appear before the court when first re9uired to do so5
.ailing in these two re9uisites, a @udgment shall be rendered against the bondsmen, @ointl8 and
severall8, for the amount of the bail5 The court shall not reduce or otherwise mitigate the liabilit8 of the
bondsmen, unless the accused has been surrendered or is ac9uitted5chanrobles virtualawlibrar8
*ec5 5 Cancellation of bail5 6 +pon application of the bondsmen, with due notice to the prosecutor,
the bail ma8 be cancelled upon surrender of the accused or proof of his death5
The bail shall be deemed automaticall8 cancelled upon ac9uittal of the accused, dismissal of the case,
or execution of the @udgment of conviction5
)n all instances, the cancellation shall be without pre@udice to an8 liabilit8 on the bail5
*ec5 :5 &rrest of accused out on bail5 6 .or the purpose of surrendering the accused, the bondsmen
ma8 arrest him or, upon written authorit8 endorsed on a certified cop8 of the underta>ing, cause him to
be arrested b8 a police officer or an8 other person of suitable age and discretion5
&n accused released on bail ma8 be re1arrested without the necessit8 of a warrant if he attempts to
depart from the Philippines without permission of the court where the case is pending5
*ec5 ;5 0o bail after final @udgmentB exception5 6 0o bail shall be allowed after a @udgment of
conviction has become final5 )f before such finalit8, the accused applies for probation, he ma8 be
allowed temporar8 libert8 under his bail5 <hen no bail was filed or the accused is incapable of filing
one, the court ma8 allow his release on recogni?ance to the custod8 of a responsible member of the
communit85 )n no case shall bail be allowed after the accused has commenced to serve sentence5
*ec5 %5 Court supervision of detainees5 6 The court shall exercise supervision over all persons in
custod8 for the purpose of eliminating unnecessar8 detention5 The executive @udges of the Regional
Trial Courts shall conduct monthl8 personal inspections of provincial, cit8, and municipal @ails and the
prisoners within their respective @urisdictions5 The8 shall ascertain the number of detainees, in9uire on
their proper accommodation and health and examine the condition of the @ail facilities5 The8 shall order
the segregation of sexes and of minors from adults, ensure the observance of the right of detainees to
confer privatel8 with counsel, and strive to eliminate conditions inimical to the detainees5
)n cities and municipalities to be specified b8 the *upreme Court, the municipal trial @udges or
municipal circuit trial @udges shall conduct monthl8 personal inspections of the municipal @ails in their
respective municipalities and submit a report to the executive @udge of the Regional Trial Court having
@urisdiction therein5
& monthl8 report of such visitation shall be submitted b8 the executive @udges to the Court
&dministrator which shall state the total number of detainees, the names of those held for more than
thirt8 (:!" da8s, the duration of detention, the crime charged, the status of the case, the cause for
detention, and other pertinent information5
*ec5 A5 Cail not a bar to ob@ections on illegal arrest, lac> of or irregular preliminar8 investigation5 6
&n application for or admission to bail shall not bar the accused from challenging the validit8 of his
arrest or the legalit8 of the warrant issued therefore, or from assailing the regularit8 or 9uestioning the
absence of a preliminar8 investigation of the charge against him, provided that he raises them before
entering his plea5 The court shall resolve the matter as earl8 as practicable but not later than the start of
the trial of the case5
R+,E 11% 1 R)F'T* -. &CC+*ED
*ection 15 Rights of accused at trial5 6 )n all criminal prosecutions, the accused shall be entitled to the
following rights7chanroblesvirtuallawlibrar8
(a" To be presumed innocent until the contrar8 is proved be8ond reasonable doubt5
(b" To be informed of the nature and cause of the accusation against him5
(c" To be present and defend in person and b8 counsel at ever8 stage of the proceedings, from
arraignment to promulgation of the @udgment5 The accused ma8, however, waive his presence at the trial
pursuant to the stipulations set forth in his bail, unless his presence is specificall8 ordered b8 the court
for purposes of identification5 The absence of the accused without @ustifiable cause at the trial of which
he had notice shall be considered a waiver of his right to be present thereat5 <hen an accused under
custod8 escapes, he shall be deemed to have waived his right to be present on all subse9uent trial dates
until custod8 over him is regained5 +pon motion, the accused ma8 be allowed to defend himself in
person when it sufficientl8 appears to the court that he can properl8 protect his rights without the
assistance of counsel5
(d" To testif8 as a witness in his own behalf but sub@ect to cross1examination on matters covered b8
direct examination5 'is silence shall not in an8 manner pre@udice him5
(e" To be exempt from being compelled to be a witness against himself5
(f" To confront and cross1examine the witnesses against him at the trial5 Either part8 ma8 utili?e as part
of its evidence the testimon8 of a witness who is deceased, out of or can not with due diligence be found
in the Philippines, unavailable, or otherwise unable to testif8, given in another case or proceeding,
@udicial or administrative, involving the same parties and sub@ect matter, the adverse part8 having the
opportunit8 to cross1examine him5
(g" To have compulsor8 process issued to secure the attendance of witnesses and production of other
evidence in his behalf5
(h" To have speed8, impartial and public trial5
(i" To appeal in all cases allowed and in the manner prescribed b8 law5
R+,E 11A 1 &RR&)F0/E0T &0D P,E&
*ection 15 &rraignment and pleaB how made5 1 (a" The accused must be arraigned before the court
where the complaint or information was filed or assigned for trial5 The arraignment shall be made in
open court b8 the @udge or cler> b8 furnishing the accused with a cop8 of the complaint or information,
reading the same in the language or dialect >nown to him, and as>ing him whether he pleads guilt8 or
not guilt85 The prosecution ma8 call at the trial witnesses other than those named in the complaint or
information5
(b" The accused must be present at the arraignment and must personall8 enter his plea5 Coth
arraignment and plea shall be made of record, but failure to do so shall not affect the validit8 of the
proceedings5
(c" <hen the accused refuses to plead or ma>es a conditional plea, a plea of not guilt8 shall be entered
for him5
(d" <hen the accused pleads guilt8 but presents exculpator8 evidence, his plea shall be deemed
withdrawn and a plea of not guilt8 shall be entered for him5
(e" <hen the accused is under preventive detention, his case shall be raffled and its records transmitted
to the @udge to whom the case was raffled within three (:" da8s from the filing of the information or
complaint5 The accused shall be arraigned within ten (1!" da8s from the date of the raffle5 The pre1trial
conference of his case shall be held within ten (1!" da8s after arraignment5
(f" The private offended part8 shall be re9uired to appear at the arraignment for purposes of plea
bargaining, determination of civil liabilit8, and other matters re9uiring his presence5 )n case of failure of
the offended part8 to appear despite due notice, the court ma8 allow the accused to enter a plea of guilt8
to a lesser offense which is necessaril8 included in the offense charged with the conformit8 of the trial
prosecutor alone5
(g" +nless a shorter period is provided b8 special law or *upreme Court circular, the arraignment shall
be held within thirt8 (:!" da8s from the date the court ac9uires @urisdiction over the person of the
accused5 The time of the pendenc8 of a motion to 9uash or for a bill or particulars or other causes
@ustif8ing suspension of the arraignment shall be excluded in computing the period5
*ec5 5 Plea of guilt8 to a lesser offense5 6 &t arraignment, the accused, with the consent of the
offended part8 and prosecutor, ma8 be allowed b8 the trial court to plead guilt8 to a lesser offense which
is necessaril8 included in the offense charged5 &fter arraignment but before trial, the accused ma8 still
be allowed to plead guilt8 to said lesser offense after withdrawing his plea of not guilt85 0o amendment
of the complaint or information is necessar85 chan robles virtual law librar8
*ec5 :5 Plea of guilt8 to capital offenseB reception of evidence5 6 <hen the accused pleads guilt8 to a
capital offense, the court shall conduct a searching in9uir8 into the voluntariness and full comprehension
of the conse9uences of his plea and shall re9uire the prosecution to prove his guilt and the precise degree
of culpabilit85 The accused ma8 present evidence in his behalf5
*ec5 ;5 Plea of guilt8 to non1capital offenseB reception of evidence, discretionar85 6 <hen the accused
pleads guilt8 to a non1capital offense, the court ma8 receive evidence from the parties to determine the
penalt8 to be imposed5
*ec5 %5 <ithdrawal of improvident plea of guilt856 &t an8 time before the @udgment of conviction
becomes final, the court ma8 permit an improvident plea of guilt8 to be withdrawn and be substituted b8
a plea of not guilt85
*ec5 A5 Dut8 of court to inform accused of his right to counsel5 6 Cefore arraignment, the court shall
inform the accused of his right to counsel and as> him if he desires to have one5 +nless the accused is
allowed to defend himself in person or has emplo8ed counsel of his choice, the court must assign a
counsel de officio to defend him5
*ec5 25 &ppointment of counsel de officio5 6 The court, considering the gravit8 of the offense and the
difficult8 of the 9uestions that ma8 arise, shall appoint as counsel de officio such members of the bar in
good standing who, b8 reason of their experience and abilit8, can competentl8 defend the accused5 Cut
in localities where such members of the bar are not available, the court ma8 appoint an8 person, resident
of the province and of good repute for probit8 and abilit8, to defend the accused5
*ec5 $5 Time for counsel de officio to prepare for arraignment5 6 <henever a counsel de office is
appointed b8 the court to defend the accused at the arraignment, he shall be given a reasonable time to
consult with the accused as to his plea before proceeding with the arraignment5
*ec5 #5 Cill of particulars5 6 The accused ma8, before arraignment, move for a bill of particulars to
enable him properl8 to plead and prepare for trial5 The motion shall specif8 the alleged defects of the
complaint or information and the details desired5
*ec5 1!5 Production or inspection of material evidence in possession of prosecution5 6 +pon motion of
the accused showing good cause and with notice to the parties, the court, in order to prevent surprise,
suppression, or alteration, ma8 order the prosecution to produce and permit the inspection and cop8ing
or photographing of an8 written statement given b8 the complainant and other witnesses in an8
investigation of the offense conducted b8 the prosecution or other investigating officers, as well as an8
designated documents, papers, boo>s, accounts, letters, photographs, ob@ect, or tangible things not
otherwise privileged, which constitute or contain evidence material to an8 matter involved in the case
and which are in the possession or under the control of the prosecution, police, or other law investigating
agencies5
*ec5 115 *uspension of arraignment5 6 +pon motion b8 the proper part8, the arraignment shall be
suspended in the following cases7chanroblesvirtuallawlibrar8
(a" The accused appears to be suffering from an unsound mental condition which effectivel8 renders him
unable to full8 understand the charge against him and to plead intelligentl8 thereto5 )n such case, the
court shall order his mental examination and, if necessar8, his confinement for such purposeB
(b" There exists a pre@udicial 9uestionB and
(c" & petition for review of the resolution of the prosecutor is pending at either the Department of
Dustice, or the -ffice of the PresidentB provided, that the period of suspension shall not exceed sixt8 (A!"
da8s counted from the filing of the petition with the reviewing office5
R+,E 112 1 /-T)-0 T- G+&*'
*ection 15 Time to move to 9uash5 6 &t an8 time before entering his plea, the accused ma8 move to
9uash the complaint or information5
*ec5 5 .orm and contents5 6 The motion to 9uash shall be in writing, signed b8 the accused or his
counsel and shall distinctl8 specif8 its factual and legal grounds5 The court shall consider no ground
other than those stated in the motion, except lac> of @urisdiction over the offense charged5
*ec5 :5 Frounds5 6 The accused ma8 move to 9uash the complaint or information on an8 of the
following grounds7chanroblesvirtuallawlibrar8
(a" That the facts charged do not constitute an offenseB
(b" That the court tr8ing the case has no @urisdiction over the offense chargedB
(c" That the court tr8ing the case has no @urisdiction over the person of the accusedB
(d" That the officer who filed the information had no authorit8 to do soB
(e" That it does not conform substantiall8 to the prescribed formB
(f" That more than one offense is charged except when a single punishment for various offenses is
prescribed b8 lawB
(g" That the criminal action or liabilit8 has been extinguishedB
(h" That it contains averments which, if true, would constitute a legal excuse or @ustificationB and
(i" That the accused has been previousl8 convicted or ac9uitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent5
*ec5 ;5 &mendment of complaint or information5 6 )f the motion to 9uash is based on an alleged defect
of the complaint or information which can be cured b8 amendment, the court shall order that an
amendment be made5chanrobles virtualawlibrar8
)f it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be
given b8 the court an opportunit8 to correct the defect b8 amendment5 The motion shall be granted if the
prosecution fails to ma>e the amendment, or the complaint or information still suffers from the same
defect despite the amendment5
*ec5 %5 Effect of sustaining the motion to 9uash5 6 )f the motion to 9uash is sustained, the court ma8
order that another complaint or information be filed except as provided in section A of this rule5 )f the
order is made, the accused, if in custod8, shall not be discharged unless admitted to bail5 )f no order is
made or if having been made, no new information is filed within the time specified in the order or within
such further time as the court ma8 allow for good cause, the accused, if in custod8, shall be discharged
unless he is also in custod8 of another charge5
*ec5 A5 -rder sustaining the motion to 9uash not a bar to another prosecutionB exception5 6 &n order
sustaining the motion to 9uash is not a bar to another prosecution for the same offense unless the motion
was based on the grounds specified in section : (g" and (i" of this Rule5
*ec5 25 .ormer conviction or ac9uittalB double @eopard85 6 <hen an accused has been convicted or
ac9uitted, or the case against him dismissed or otherwise terminated without his express consent b8 a
court of competent @urisdiction, upon a valid complaint or information or other formal charge sufficient
in form and substance to sustain a conviction and after the accused had pleaded to the charge, the
conviction or ac9uittal of the accused or the dismissal of the case shall be a bar to another prosecution
for the offense charged, or for an8 attempt to commit the same or frustration thereof, or for an8 offense
which necessaril8 includes or is necessaril8 included in the offense charged in the former complaint or
information5
'owever, the conviction of the accused shall not be a bar to another prosecution for an offense which
necessaril8 includes the offense charged in the former complaint or information under an8 of the
following instances7chanroblesvirtuallawlibrar8
(a" the graver offense developed due to supervening facts arising from the same act or omission
constituting the former chargeB
(b" the facts constituting the graver charge became >nown or were discovered onl8 after a plea was
entered in the former complaint or informationB or
(c" the plea of guilt8 to the lesser offense was made without the consent of the prosecutor and of the
offended part8 except as provided in section 1(f" of Rule 11A5
)n an8 of the foregoing cases, where the accused satisfies or serves in whole or in part the @udgment,
he shall be credited with the same in the event of conviction for the graver offense5chanrobles
virtualawlibrar8
*ec5 $5 Provisional dismissal5 6 & case shall not be provisionall8 dismissed except with the express
consent of the accused and with notice to the offended part85
The provisional dismissal of offenses punishable b8 imprisonment not exceeding six (A" 8ears or a fine
of an8 amount, or both, shall become permanent one (1" 8ear after issuance of the order without the case
having been revived5 <ith respect to offenses punishable b8 imprisonment of more than six (A" 8ears,
their provisional dismissal shall become permanent two (" 8ears after issuance of the order without the
case having been revived5
*ec5 #5 .ailure to move to 9uash or to allege an8 ground therefore5 6 The failure of the accused to assert
an8 ground of a motion to 9uash before he pleads to the complaint or information, either because he did
not file a motion to 9uash or failed to allege the same in said motion, shall be deemed a waiver of an8
ob@ections except those based on the grounds provided for in paragraphs (a", (b", (g", and (i" of section :
of this Rule5
R+,E 11$ 1 PRE1TR)&,
*ection 15 Pre1trialB mandator8 in criminal cases5 6 )n all criminal cases cogni?able b8
the *andiganba8an, Regional Trial Court, /etropolitan Trial Court, /unicipal Trial Court in Cities,
/unicipal Trial Court and /unicipal Circuit Trial Court, the court shall, after arraignment and within
thirt8 (:!" da8s from the date the court ac9uires @urisdiction over the person of the accused, unless a
shorter period is provided for in special laws or circulars of the *upreme Court, order a pre1trial
conference to consider the following7chanroblesvirtuallawlibrar8
(a" plea bargainingB
(b" stipulation of factsB
(c" mar>ing for identification of evidence of the partiesB
(d" waiver of ob@ections to admissibilit8 of evidenceB
(e" modification of the order of trial if the accused admits the charge but interposes a lawful defenseB and
(f" such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case5
*ec5 5 Pre1trial agreement5 6 &ll agreements or admissions made or entered during the pre1trial
conference shall be reduced in writing and signed b8 the accused and counsel, otherwise, the8 cannot be
used against the accused5 The agreements covering the matters referred to in section 1 of this Rule shall
be approved b8 the court5chanrobles virtualawlibrar8
*ec5 :5 0on1appearance at pre1trial conference5 6 )f the counsel for the accused or the prosecutor does
not appear at the pre1trial conference and does not offer an acceptable excuse for his lac> of cooperation,
the court ma8 impose proper sanctions or penalties5
*ec5 ;5 Pre1trial order5 6 &fter the pre1trial conference, the court shall issue an order reciting the
actions ta>en, the facts stipulated, and evidence mar>ed5 *uch order shall bind the parties, limit the trial
to matters not disposed of, and control the course f the action during the trial, unless modified b8 the
court to prevent manifest in@ustice5
R+,E 11# 1 TR)&,
*ection 15 Time to prepare for trial5 6 &fter a plea of not guilt8 is entered, the accused shall have at
least fifteen (1%" da8s to prepare for trial5 The trial shall commence within thirt8 (:!" da8s from receipt
of the pre1trial order5 chan robles virtual law librar8
*ec5 5 Continuous trial until terminatedB postponements5 6 Trial once commenced shall continue from
da8 to da8 as far as practicable until terminated5 )t ma8 be postponed for a reasonable period of time for
good cause5
The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous
trail on a wee>l8 or other short1term trial calendar at the earliest possible time so as to ensure speed8
trial5 )n no case shall the entire trial period exceed one hundred eight8 (1$!" da8s from the first da8 of
trial, except as otherwise authori?ed b8 the *upreme Court5
The time limitations provided under this section and the preceding section shall not appl8 where
special laws or circulars of the *upreme Court provide for a shorter period of trial5
*ec5 :5 Exclusions5 1 The following periods of dela8 shall be excluded in computing the time within
which trial must commence7chanroblesvirtuallawlibrar8
(a" &n8 period of dela8 resulting from other proceedings concerning the accused, including but not
limited to the following7chanroblesvirtuallawlibrar8
(1" Dela8 resulting from an examination of the ph8sical and mental condition of the accusedB
(" Dela8 resulting from proceedings with respect to other criminal charges against the accusedB
(:" Dela8 resulting from extraordinar8 remedies against interlocutor8 ordersB
(;" Dela8 resulting from pre1trial proceedingsB provided, that the dela8 does not exceed thirt8 (:!" da8sB
(%" Dela8 resulting from orders of inhibition, or proceedings relating to change of venue of cases or
transfer from other courtsB
(A" Dela8 resulting from a finding of existence of a pre@udicial 9uestionB and
(2" Dela8 reasonabl8 attributable to an8 period, not to exceed thirt8 (:!" da8s, during which an8
proceeding concerning the accused is actuall8 under advisement5
(b" &n8 period of dela8 resulting from the absence or unavailabilit8 of an essential witness5chanrobles
virtualawlibrar8
.or purposes of this subparagraph, an essential witness shall be considered absent when his
whereabouts are un>nown or his whereabouts cannot be determined b8 due diligence5 'e shall be
considered unavailable whenever his whereabouts are >nown but his presence for trial cannot be
obtained b8 due diligence5
(c" &n8 period of dela8 resulting from the mental incompetence or ph8sical inabilit8 of the accused to
stand trial5
(d" )f the information is dismissed upon motion of the prosecution and thereafter a charge is filed
against the accused for the same offense, an8 period of dela8 from the date the charge was dismissed to
the date the time limitation would commence to run as to the subse9uent charge had there been no
previous charge5
(e" & reasonable period of dela8 when the accused is @oined for trial with a co1accused over whom the
court has not ac9uired @urisdiction, or, as to whom the time for trial has not run and no motion for
separate trial has been granted5
(f" &n8 period of dela8 resulting from a continuance granted b8 an8 court motu proprio, or on motion
of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis
of its findings set forth in the order that the ends of @ustice served b8 ta>ing such action outweigh the
best interest of the public and the accused in a speed8 trial5
*ec5 ;5 .actors for granting continuance5 6 The following factors, among others, shall be considered b8
a court in determining whether to grant a continuance under section :(f" of this Rule5
(a" <hether or not the failure to grant a continuance in the proceeding would li>el8 ma>e a
continuation of such proceeding impossible or result in a miscarriage of @usticeB and
(b" <hether or not the case ta>en as a whole is so novel, unusual and complex, due to the number of
accused or the nature of the prosecution, or that it is unreasonable to expect ade9uate preparation within
the periods of time established therein5
)n addition, no continuance under section :(f" of this Rule shall be granted because of congestion of
the courtHs calendar or lac> of diligent preparation or failure to obtain available witnesses on the part of
the prosecutor5
*ec5 %5 Time limit following an order for new trial5 6 )f the accused is to be tried again pursuant to an
order for a new trial, the trial shall commence within thirt8 (:!" da8s from notice of the order, provided
that if the period becomes impractical due to unavailabilit8 of witnesses and other factors, the court ma8
extend but not to exceed one hundred eight8 (1$!" da8s5 .or the second twelve1month period, the time
limit shall be one hundred eight8 (1$!" da8s from notice of said order for new trial5
*ec5 A5 Extended time limit5 1 0otwithstanding the provisions of section 1(g", Rule 11A and the
preceding section 1, for the first twelve1calendar1month period following its effectivit8 on *eptember
1%, 1##$, the time limit with respect to the period from arraignment to trial imposed b8 said provision
shall be one hundred eight8 (1$!" da8s5 .or the second twelve1month period, the time limit shall be one
hundred twent8 (1!" da8s, and for the third twelve1month period, the time limit shall be eight8 ($!"
da8s5
*ec5 25 Public attorne8Hs duties where accused is imprisoned5 6 )f the public attorne8 assigned to
defend a person charged with a crime >nows that he latter is preventivel8 detained, either because he is
charged with a bailable crime but has no means to post bail, or, is charged with a non1bailable crime, or,
is serving a term of imprisonment in an8 penal institution, it shall be his dut8 to do the
following7chanroblesvirtuallawlibrar8
(a" *hall promptl8 underta>e to obtain the presence of the prisoner for trial or cause a notice to be served
on the person having custod8 of the prisoner re9uiring such person to so advise the prisoner of his right
and demand trial5
(b" +pon receipt of that notice, the custodian of the prisoner shall promptl8 advise the prisoner of the
charge and of his right to demand trial5 )f at an8time thereafter the prisoner informs his custodian that he
demands such trial, the latter shall cause notice to that effect to be sent promptl8 to the public attorne85
(c" +pon receipt of such notice, the public attorne8 shall promptl8 see> to obtain the presence of the
prisoner for trial5
(d" <hen the custodian of the prisoner receives from the public attorne8 a properl8 supported re9uest for
the availabilit8 of the prisoner for purpose of trial, the prisoner shall be made available accordingl85
*ec5 $5 *anctions5 6 )n an8 case in which private counsel for the accused, the public attorne8, or the
prosecutor7chanroblesvirtuallawlibrar8

(a" Inowingl8 allows the case to be set for trial without disclosing that a necessar8 witness would be
unavailable for trialB
(b" .iles a motion solel8 for dela8 which he >nows is totall8 frivolous and without meritB
(c" /a>es a statement for the purpose of obtaining continuance which he >nows to be false and which is
material to the granting of a continuanceB or
(d" <illfull8 fails to proceed to trial without @ustification consistent with the provisions hereof, the court
ma8 punish such counsel, attorne8, or prosecutor, as follows7chanroblesvirtuallawlibrar8

(1" C8 imposing on a counsel privatel8 retained in connection with the defense o fan accused, a fine not
exceeding twent8 thousand pesos (P!,!!!5!!"B
(" C8 imposing on an8 appointed counsel de officio, public attorne8, or prosecutor a fine not exceeding
five thousand pesos (P%,!!!5!!"B and
(:" C8 den8ing an8 defense counsel or prosecutor the right to practice before the court tr8ing the case
for a period not exceeding thirt8 (:!" da8s5 The punishment provided for b8 this section shall be without
pre@udice to an8 appropriate criminal action or other sanction authori?ed under these rules5
*ec5 #5 Remed8 where accused is not brought to trial within the time limit5 6 )f the accused is not
brought to trial within the time limit re9uired b8 *ection 1(g", Rule 11A and *ection 1, as extended b8
*ection A of this Rule, the information ma8 be dismissed on motion of the accused on the ground of
denial of his right to speed8 trial5 The accused shall have the burden of proving the motion but the
prosecution shall have the burden of going forward with the evidence to establish the exclusion of time
under section : of this rule5 The dismissal shall be sub@ect to the rules on double @eopard85chanrobles
virtualawlibrar8
.ailure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to
dismiss under this section5
*ec5 1!5 ,aw on speed8 trial not a bar to provision on speed8 trial in the Constitution5 6 0o provision
of law on speed8 trial and no rule implementing the same shall be interpreted as a bar to an8 charge of
denial of the right to speed8 trial guaranteed b8 *ection 1;(", &rticle ))), of the 1#$2 Constitution5
*ec5 115 -rder of trial5 6 The trial shall proceed in the following order7chanroblesvirtuallawlibrar8
(a" The prosecution shall present evidence to prove the charge and, in the proper case, the civil liabilit85
(b" The accused ma8 present evidence to prove his defense and damages, if an8, arising, from the
issuance of a provisional remed8 in the case5
(c" The prosecution and the defense ma8, in that order, present rebuttal and sur1rebuttal evidence unless
the court, in furtherance of @ustice, permits them to present additional evidence bearing upon the main
issue5
(d" +pon admission of evidence of the parties, the case shall be deemed submitted for decision unless
the court directs them to argue orall8 or to submit written memoranda5
(e" <hen the accused admits the act or omission charged in the complaint or information but interposes
a lawful defense, the order of trial ma8 be modified5
*ec5 15 &pplication for examination of witness for accused before trial5 6 <hen the accused has been
held to answer for an offense, he ma8, upon motion with notice to the other parties, have witnesses
conditionall8 examined in his behalf5 The motion shall state7 (a" the name and residence of the witnessB
(b" the substance of his testimon8B and (c" that the witness is sic> or infirm as to afford reasonable
ground for believing that he will not be able to attend the trial, or resides more than one hundred (1!!"
>ilometers from the place of trial and has no means to attend the same, or that other similar
circumstances exist that would ma>e him unavailable or prevent him from attending the trial5 The
motion shall be supported b8 an affidavit of the accused and such other evidence as the court ma8
re9uire5 chan robles virtual law librar8
*ec5 1:5 Examination of defense witnessB how made5 6 )f the court is satisfied that the examination of a
witness for the accused is necessar8, an order shall be made directing that the witness be examined at a
specific date, time and place and that a cop8 of the order be served on the prosecutor at least three (:"
da8s before the scheduled examination5 The examination shall be ta>en before a @udge, or, if not
practicable, a member of the Car in good standing so designated b8 the @udge in the order, or if the order
be made b8 a court of superior @urisdiction, before an inferior court to be designated therein5 The
examination shall proceed notwithstanding the absence of the prosecutor provided he was dul8 notified
of the hearing5 & written record of the testimon8 shall be ta>en5
*ec5 1;5 Cail to secure appearance of material witness5 6 <hen the court is satisfied, upon proof of
oath, that a material witness will not testif8 when re9uired, it ma8, upon motion of either part8, order the
witness to post bail in such sum as ma8 be deemed proper5 +pon refusal to post bail, the court shall
commit him to prison until he complies or is legall8 discharged after his testimon8 has been ta>en5
*ec5 1%5 Examination of witness for the prosecution56 <hen it is satisfactoril8 appears that a witness
for the prosecution is too sic> or infirm to appear at the trial as directed b8 the court, of has to leave the
Philippines with no definite date of returning, he ma8 forthwith be conditionall8 examined before the
court where the case is pending5 *uch examination, in the presence of the accused, or in his absence
after reasonable notice to attend the examination has been served on him, shall be conducted in the same
manner as an examination at the trial5 .ailure or refusal of the accused to attend the examination at the
trial5 .ailure or refusal of the accused to attend the examination after notice shall be considered a waiver5
The statement ta>en ma8 be admitted in behalf of or against the accused5
*ec5 1A5 Trial of several accused5 6 <hen two or more accused are @ointl8 charged with an offense,
the8 shall be tried @ointl8 unless the court, in its discretion and upon motion of the prosecutor or an8
accused, orders separate trial for one or more accused5
*ec5 125 Discharge of accused to be state witness5 6 <hen two or more persons are @ointl8 charged
with the commission of an8 offense, upon motion of the prosecution before resting its case, the court
ma8 direct one or more of the accused to be discharged with their consent so that the8 ma8 be witnesses
for the state when, after re9uiring the prosecution to present evidence and the sworn statement of each
proposed state witness at a hearing in support of the discharge, the court is satisfied
that7chanroblesvirtuallawlibrar8
(a" There is absolute necessit8 for the testimon8 of the accused whose discharge is re9uestedB
(b" There is no other direct evidence available for the proper prosecution of the offense committed,
except the testimon8 of said accusedB
(c" The testimon8 of said accused can be substantiall8 corroborated in its material pointsB
(d" *aid accused does not appear to be the most guilt8B and
(e" *aid accused has not at an8 time been convicted of an8 offense involving moral turpitude5
Evidence adduced in support of the discharge shall automaticall8 form part of the trial5 )f the court
denies the motion for discharge of the accused as state witness, his sworn statement shall be
inadmissible in evidence5chanrobles virtualawlibrar8
*ec5 1$5 Discharge of accused operates as ac9uittal5 6 The order indicated in the preceding section
shall amount to an ac9uittal of the discharged accused and shall be a bar to future prosecution for the
same offense, unless the accused fails or refuses to testif8 against his co1accused in accordance with his
sworn statement constituting the basis for his discharge5
*ec5 1#5 <hen mista>e has been made in charging the proper offense5 6 <hen it becomes manifest at
an8 time before @udgment that a mista>e has been made in charging the proper offense and the accused
cannot be convicted of the offense charged or an8 other offense necessaril8 included therein, the accused
shall not be discharged if there appears good cause to detain him5 )n such case, the court shall commit
the accused to answer for the proper offense and dismiss the original case upon the filing of the proper
information5
*ec5 !5 &ppointment of acting prosecutor5 6 <hen a prosecutor, his assistant or deput8 is dis9ualified
to act due to an8 of the grounds stated in section 1 of Rule 1:2 or for an8 other reason, the @udge or the
prosecutor shall communicate with the *ecretar8 of Dustice in order that the latter ma8 appoint an acting
prosecutor5
*ec5 15 Exclusion of the public5 6 The @udge ma8, motu proprio, exclude the public from the
courtroom if the evidence to be produced during the trial is offensive to decenc8 or public morals5 'e
ma8 also, on motion of the accused, exclude the public from the trial except court personnel and the
counsel of the parties5
*ec5 5 Consolidation of trials of related offenses5 6 Charges for offenses founded on the same facts
or forming part of a series of offenses of similar character ma8 be tried @ointl8 at the discretion of the
court5
*ec5 :5 Demurrer to evidence5 6 &fter the prosecution rests its case, the court ma8 dismiss the action
on the ground of insufficienc8 of evidence (1" on its own initiative after giving the prosecution the
opportunit8 to be heard or (" upon demurrer to evidence filed b8 the accused with or without leave of
court5
)f the court denies the demurrer to evidence filed with leave of court, the accused ma8 adduce
evidence in his defense5 <hen the demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for @udgment on the basis of the evidence for
the prosecution5
The motion for leave of court to file demurrer to evidence shall specificall8 state its grounds and shall
be filed within a non1extendible period of five (%" da8s after the prosecution rests its case5 The
prosecution ma8 oppose the motion within a non1extendible period of five (%" da8s from its receipt5
)f leave of court is granted, the accused shall file the demurrer to evidence within a non1extendible
period of ten (1!" da8s from notice5 The prosecution ma8 oppose the demurrer to evidence within a
similar period from its receipt5
The order den8ing the motion for leave of court to file demurrer to evidence or the demurrer itself
shall not be reviewable b8 appeal or b8 certiorari before @udgment5
*ec5 ;5 Reopening5 6 &t an8 time before finalit8 of the @udgment of conviction, the @udge ma8, motu
proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarriage of
@ustice5 The proceedings shall be terminated within thirt8 (:!" da8s from the order granting it5
R+,E 1! 1 D+DF/E0T
*ection 15 DudgmentB definition and form5 6 Dudgment is the ad@udication b8 the court that the accused
is guilt8 or not guilt8 of the offense charged and the imposition on him of the proper penalt8 and civil
liabilit8, if an85 )t must be written in the official language, personall8 and directl8 prepared b8 the @udge
and signed b8 him and shall contain clearl8 and distinctl8 a statement of the facts and the law upon
which it is based5
*ec5 5 Contents of the @udgment5 6 )f the @udgment is of conviction, it shall state (1" the legal
9ualification of the offense constituted b8 the acts committed b8 the accused and the aggravating or
mitigating circumstances which attended its commissionB (" the participation of the accused in the
offense, whether as principal, accomplice, or accessor8 after the factB (:" the penalt8 imposed upon the
accusedB and (;" the civil liabilit8 or damages caused b8 his wrongful act or omission to be recovered
from the accused b8 the offended part8, if there is an8, unless the enforcement of the civil liabilit8 b8 a
separate civil action has been reserved or waived5
)n case the @udgment is of ac9uittal, it shall state whether the evidence of the prosecution absolutel8
failed to prove the guilt of the accused or merel8 failed to prove his guilt be8ond reasonable doubt5 )n
either case, the @udgment shall determine if the act or omission from which the civil liabilit8 might arise
did not exist5
*ec5 :5 Dudgment for two or more offenses5 6 <hen two or more offenses are charged in a single
complaint or information but the accused fails to ob@ect to it before trial, the court ma8 convict him of as
man8 offenses as are charged and proved, and impose on him the penalt8 for each offense, setting out
separatel8 the findings of fact and law in each offense5
*ec5 ;5 Dudgment in case of variance between allegation and proof5 6 <hen there is variance between
the offense charged in the complaint or information and that proved, and the offense as charged is
included in or necessaril8 includes the offense proved, the accused shall be convicted of the offense
proved which is included in the offense charged, or of the offense charged which is included in the
offense proved5
*ec5 %5 <hen an offense includes or is included in another5 6 &n offense charged necessaril8 includes
the offense proved when some of the essential elements or ingredients of the former, as alleged in the
complaint or information, constitute the latter5 &nd an offense charged is necessaril8 included in the
offense proved, when the essential ingredients of the former constitute or form part of those constituting
the latter5
*ec5 A5 Promulgation of @udgment5 6 The @udgment is promulgated b8 reading it in the presence of the
accused and an8 @udge of the court in which it was rendered5 'owever, if the conviction is for a light
offense, the @udgment ma8 be pronounced in the presence of his counsel or representative5 <hen the
@udge is absent or outside the province or cit8, the @udgment ma8 be promulgated b8 the cler> of court5
)f the accused is confined or detained in another province or cit8, the @udgment ma8 be promulgated
b8 the executive @udge of the Regional Trial Court having @urisdiction over the place of confinement or
detention upon re9uest of the court which rendered the @udgment5 The court promulgating the @udgment
shall have authorit8 to accept the notice of appeal and to approve the bail bond pending appealB
provided, that if the decision of the trial court convicting the accused changed the nature of the offense
from non1bailable to bailable, the application for bail can onl8 be filed and resolved b8 the appellate
court5 chan robles virtual law librar8
The proper cler> of court shall give notice to the accused personall8 or through his bondsman or
warden and counsel, re9uiring him to be present at the promulgation of the decision5 )f the accused was
tried in absentia because he @umped bail or escaped from prison, the notice to him shall be served at his
last >nown address5
)n case the accused fails to appear at the scheduled date of promulgation of @udgment despite notice,
the promulgation shall be made b8 recording the @udgment in the criminal doc>et and serving him a
cop8 thereof at his last >nown address or thru his counsel5
)f the @udgment is for conviction and the failure of the accused to appear was without @ustifiable cause,
he shall lose the remedies available in these rules against the @udgment and the court shall order his
arrest5 <ithin fifteen (1%" da8s from promulgation of @udgment, however, the accused ma8 surrender
and file a motion for leave of court to avail of these remedies5 'e shall state the reasons for his absence
at the scheduled promulgation and if he proves that his absence was for a @ustifiable cause, he shall be
allowed to avail of said remedies within fifteen (1%" da8s from notice5
*ec5 25 /odification of @udgment5 6 & @udgment of conviction ma8, upon motion of the accused, be
modified or set aside before it becomes final or before appeal is perfected5 Except where the death
penalt8 is imposed, a @udgment becomes final after the lapse of the period for perfecting an appeal, or
when the sentence has been partiall8 or totall8 satisfied or served, or when the accused has waived in
writing his right to appeal, or has applied for probation5
*ec5 $5 Entr8 of @udgment5 6 &fter a @udgment has become final, it shall be entered in accordance with
Rule :A5
*ec5 #5 Existing provisions governing suspension of sentence, probation and parole not affected b8 this
Rule5 6 0othing in this rule shall affect an8 existing provisions in the laws governing suspension of
sentence, probation or parole5
R+,E 11 1 0E< TR)&, -R REC-0*)DER&T)-0
*ection 15 0ew trial or reconsideration5 6 &t an8 time before a @udgment of conviction becomes final,
the court ma8, on motion of the accused or at its own instance but with the consent of the accused, grant
a new trial or reconsideration5
*ec5 5 Frounds for a new trial5 6 The court shall grant a new trial on an8 of the following
grounds7chanroblesvirtuallawlibrar8
(a" That errors of law or irregularities pre@udicial to the substantial rights of the accused have been
committed during the trialB
(b" That new and material evidence has been discovered which the accused could not with reasonable
diligence have discovered and produced at the trial and which if introduced and admitted would
probabl8 change the @udgment5
*ec5 :5 Fround for reconsideration5 6 The court shall grant reconsideration on the ground of errors of
law or fact in the @udgment, which re9uires no further proceedings5chanrobles virtualawlibrar8
*ec5 ;5 .orm of motion and notice to the prosecutor5 6 The motion for new trial or reconsideration
shall be in writing and shall state the grounds on which it is based5 )f based on a newl81discovered
evidence, the motion must be supported b8 affidavits of witnesses b8 whom such evidence is expected
to be given or b8 dul8 authenticated copies of documents which are proposed to be introduced in
evidence5 0otice of the motion for new trial or reconsideration shall be given to the prosecutor5

*ec5 %5 'earing on motion5 6 <here a motion for new trial calls for resolution of an8 9uestion of fact,
the court ma8 hear evidence thereon b8 affidavits or otherwise5
*ec5 A5 Effects of granting a new trial or reconsideration5 6 The effects of granting a new trial or
reconsideration are the following7chanroblesvirtuallawlibrar8
(a" <hen a new trial is granted on the ground of errors of law or irregularities committed during the
trial, all the proceedings and evidence affected thereb8 shall be set aside and ta>en anew5 The court ma8,
in the interest of @ustice, allow the introduction of additional evidence5
(b" <hen a new trial is granted on the ground of newl81discovered evidence, the evidence alread8
adduced shall stand and the newl81discovered and such other evidence as the court ma8, in the interest
of @ustice, allow to be introduced shall be ta>en and considered together with the evidence alread8 in the
record5
(c" )n all cases, when the court grants new trial or reconsideration, the original @udgment shall be set
aside or vacated and a new @udgment rendered accordingl85
R+,E 1 1 &PPE&,
*ection 15 <ho ma8 appeal5 6 &n8 part8 ma8 appeal from a @udgment or final order, unless the
accused will be placed in double @eopard85
*ec5 5 <here to appeal5 6 The appeal ma8 be ta>en as follows7chanroblesvirtuallawlibrar8
(a" To the Regional Trial Court, in cases decided b8 the /etropolitan Trial Court, /unicipal Trial Court
in Cities, /unicipal Trial Court, or /unicipal Circuit Trial CourtB
(b" To the Court of &ppeals or to the *upreme Court in the proper cases provided b8 law, in cases
decided b8 the Regional Trial CourtB and
(c" To the *upreme Court, in cases decided b8 the Court of &ppeals5
*ec5 :5 'ow appeal ta>en5 6 (a" The appeal to the Regional Trial Court, or to the Court of &ppeals in
cases decided b8 the Regional Trial Court in the exercise of its original @urisdiction, shall be ta>en b8
filing a notice of appeal with the court which rendered the @udgment or final order appealed from and b8
serving a cop8 thereof upon the adverse part85chanrobles virtualawlibrar8
(b" The appeal to the Court of &ppeals in cases decided b8 the Regional Trial Court in the exercise of
its appellate @urisdiction shall be b8 petition for review under Rule ;5
(c" The appeal to the *upreme Court in cases where the penalt8 imposed b8 the Regional Trial Court
is reclusion perpetua, or life imprisonment, or where a lesser penalt8 is imposed but for offenses
committed on the same occasion or which arose out of the same occurrence that gave rise to the more
serious offense for which the penalt8 of death,reclusion perpetua, or life imprisonment is imposed, shall
be b8 filing a notice of appeal in accordance with paragraph (a" of this section5
(d" 0o notice of appeal is necessar8 in cases where the death penalt8 is imposed b8 the Regional Trial
Court5 The same shall be automaticall8 reviewed b8 the *upreme Court as provided in section 1! of this
Rule5
Except as provided in the last paragraph of section 1:, Rule 1;, all other appeals to the *upreme
Court shall be b8 petition for review on certiorari under Rule ;%5
*ec5 ;5 *ervice of notice of appeal5 6 )f personal service of the cop8 of the notice of appeal can not be
made upon the adverse part8 or his counsel, service ma8 be done b8 registered mail or b8 substituted
service pursuant to sections 2 and $ of Rule 1:5
*ec5 %5 <aiver of notice5 6 The appellee ma8 waive his right to a notice that an appeal has been ta>en5
The appellate court ma8, in its discretion, entertain an appeal notwithstanding failure to give such notice
if the interests of @ustice so re9uire5
*ec5 A5 <hen appeal to be ta>en5 6 &n appeal must be ta>en within fifteen (1%" da8s from
promulgation of the @udgment or from notice of the final order appealed from5 This period for perfecting
an appeal shall be suspended from the time a motion for new trial or reconsideration is filed until notice
of the order overruling the motion has been served upon the accused or his counsel at which time the
balance of the period begins to run5
*ec5 25 Transcribing and filing notes of stenographic reporter upon appeal5 6 <hen notice of appeals is
filed b8 the accused, the trial court shall direct the stenographic reporter to transcribe his notes of the
proceedings5 <hen filed b8 the People of the Philippines, the trial court shall direct the stenographic
reporter to transcribe such portion of his notes of the proceedings as the court, upon motion, shall
specif8 in writing5 The stenographic reporter shall certif8 to the correctness of the notes and the
transcript thereof, which shall consist of the original and four copies, and shall file said original and four
copies with the cler> without unnecessar8 dela85 chan robles virtual law librar8
)f death penalt8 is imposed, the stenographic reporter shall, within thirt8 (:!" da8s from promulgation
of the sentence, file with the cler> the original and four copies of the dul8 certified transcript of his notes
of the proceedings5 0o extension of time for filing of said transcript of stenographic notes shall be
granted except b8 the *upreme Court and onl8 upon @ustifiable grounds5
*ec5 $5 Transmission of papers to appellate court upon appeal5 6 <ithin five (%" da8s from the filing of
the notice of appeal, the cler> of court with whom the notice of appeal was filed must transmit to the
cler> of court of the appellate court the complete record of the case, together with said notice5 The
original and three copies of the transcript of stenographic notes, together with the records, shall also be
transmitted to the cler> of the appellate court without undue dela85 The other cop8 of the transcript shall
remain in the lower court5
*ec5 #5 &ppeal to the Regional Trial Courts5 6 (a" <ithin five (%" da8s from perfection of the appeal,
the cler> of court shall transmit the original record to the appropriate Regional Trial Court5
(b" +pon receipt of the complete record of the case, transcripts and exhibits, the cler> of court of the
Regional Trial Court shall notif8 the parties of such fact5
(c" <ithin fifteen (1%" da8s from receipt of said notice, the parties ma8 submit memoranda or briefs,
or ma8 be re9uired b8 the Regional Trial Court to do so5 &fter the submission of such memoranda or
briefs, or upon the expiration of the period to file the same, the Regional Trial Court shall decide the
case on the basis of the entire record of the case and of such memoranda or briefs as ma8 have been
filed5
*ec5 1!5 Transmission of records in case of death penalt85 6 )n all cases where the death penalt8 is
imposed b8 the trial court, the records shall be forwarded to the *upreme Court for automatic review and
@udgment within five (%" da8s after the fifteenth (1%" da8 following the promulgation of the @udgment or
notice of denial of a motion for new trial or reconsideration5 The transcript shall also be forwarded
within ten (1!" da8s after the filing thereof b8 the stenographic reporter5
*ec5 115 Effect of appeal b8 an8 of several accused5 6 (a" &n appeal ta>en b8 one or more of several
accused shall not affect those who did not appeal, except insofar as the @udgment of the appellate court is
favorable and applicable to the latter5
(b" The appeal of the offended part8 from the civil aspect shall not affect the criminal aspect of the
@udgment or order appealed from5
(c" +pon perfection of the appeal, the execution of the @udgment or final order appealed from shall be
sta8ed as to the appealing part85
*ec5 15 <ithdrawal of appeal5 1 0otwithstanding perfection of the appeal, the Regional Trial Court,
/etropolitan Trial Court, /unicipal Trial Court in Cities, /unicipal Trial Court, or /unicipal Circuit
Trial Court, as the case ma8 be, ma8 allow the appellant to withdraw his appeal before the record has
been forwarded b8 the cler> of court to the proper appellate court as provided in section $, in which
case, the @udgment shall become final5 The Regional Trial Court ma8 also, in its discretion, allow the
appellant from the @udgment of a /etropolitan Trial Court, /unicipal Trial Court in Cities, /unicipal
Trial Court, or /unicipal Circuit Trial Court to withdraw his appeal, provided a motion to that effect is
filed before rendition of the @udgment in the case on appeal, in which case the @udgment of the court of
origin shall become final and the case shall be remanded to the latter court for execution of the
@udgment5
*ec5 1:5 &ppointment of counsel de officio for accused on appeal5 1 )t shall be the dut8 of the cler> of
court of the trial court, upon filing of a notice of appeal to ascertain from the appellant, if confined in
prison, whether he desires the Regional Trial Court, Court of &ppeals or the *upreme Court to appoint a
counsel de officio to defend him and to transmit with the record on a form to be prepared b8 the cler> of
court of the appellate court, a certificate of compliance with this dut8 and of the response of the
appellate to his in9uir85
R+,E 1: 1 PR-CED+RE )0 T'E /+0)C)P&, TR)&, C-+RT*
*ection 15 +niform Procedure5 6 The procedure to be observed in the /etropolitan Trial Courts,
/unicipal Trial Courts and /unicipal Circuit Trial Courts shall be the same as in the Regional Trial
Courts, except where a particular provision applies onl8 to either of said courts and in criminal cases
governed b8 the Revised Rule on *ummar8 Procedure5
R+,E 1; 1 PR-CED+RE )0 T'E C-+RT -. &PPE&,*
*ection 15 Title of the case5 6 )n all criminal cases appealed to the Court of &ppeals, the part8
appealing the case shall be called the =appellant= and the adverse part8 the =appellee,= but the title of the
case shall remain as it was in the court of origin5
*ec5 5 &ppointment of counsel de officio for the accused5 6 )f it appears from the record of the case as
transmitted that (a" the accused is confined in prison, (b" is without counsel de parte on appeal, or (c" has
signed the notice of appeal himself, as> the cler> of court of the Court of &ppeals shall designate a
counsel de officio5
&n appellant who is not confined in prison ma8, upon re9uest, be assigned a counsel de officio within
ten (1!" da8s from receipt of the notice to file brief and he establishes his right thereto5
*ec5 :5 <hen brief for appellant to be filed5 6 <ithin thirt8 (:!" da8s from receipt b8 the appellant or
his counsel of the notice from the cler> of court of the Court of &ppeals that the evidence, oral and
documentar8, is alread8 attached to the record, the appellant shall file seven (2" copies of his brief with
the cler> of court which shall be accompanied b8 proof of service of two (" copies thereof upon the
appellee5
*ec5 ;5 <hen brief for appellee to be filedB repl8 brief of the appellant5 6 <ithin thirt8 (:!" da8s from
receipt of the brief of the appellant, the appellee shall file seven (2" copies of the brief of the appellee
with the cler> of court which shall be accompanied b8 proof of service of two (" copies thereof upon
the appellant5
<ithin twent8 (!" da8s from receipt of the brief of the appellee, the appellant ma8 file a repl8 brief
traversing matters raised in the former but not covered in the brief of the appellant5
*ec5 %5 Extension of time for filing briefs5 6 Extension of time for the filing of briefs will not be
allowed except for good and sufficient cause and onl8 if the motion for extension is filed before the
expiration of the time sought to be extended5
*ec5 A5 .orm of briefs5 6 Criefs shall either be printed, encoded or t8pewritten in double space on legal
si?e good 9ualit8 ungla?ed paper, ::! mm5 in length b8 1A mm5 in width5
*ec5 25 Contents of brief5 6 The briefs in criminal cases shall have the same contents as provided in
sections 1: and 1; of Rule ;;5 & certified true cop8 of the decision or final order appealed from shall be
appended to the brief of the appellant5
*ec5 $5 Dismissal of appeal for abandonment or failure to prosecute5 6 The Court of &ppeals ma8,
upon motion of the appellee or motu proprio and with notice to the appellant in either case, dismiss the
appeal if the appellant fails to file his brief within the time prescribed b8 this Rule, except where the
appellant is represented b8 a counsel de officio5
The Court of &ppeals ma8 also, upon motion of the appellee or motu proprio, dismiss the appeal if the
appellant escapes from prison or confinement, @umps bail or flees to a foreign countr8 during the
pendenc8 of the appeal5
*ec5 #5 Prompt disposition of appeals5 6 &ppeals of accused who are under detention shall be given
precedence in their disposition over other appeals5 The Court of &ppeals shall hear and decide the
appeal at the earliest practicable time with due regard to the rights of the parties5 The accused need not
be present in court during the hearing of the appeal5
*ec5 1!5 Dudgment not to be reversed or modified except for substantial error5 6 0o @udgment shall be
reversed or modified unless the Court of &ppeals, after an examination of the record and of the evidence
adduced b8 the parties, is of the opinion that terror was committed which in@uriousl8 affected the
substantial rights of the appellant5
*ec5 115 *cope of @udgment5 6 The Court of &ppeals ma8 reverse, affirm or modif8 the @udgment and
increase or reduce the penalt8 imposed b8 the trial court, remand the case to the Regional Trial Court for
new trial or retrial, or dismiss the case5
*ec5 15 Power to receive evidence5 6 The Court of &ppeals shall have the power to tr8 cases and
conduct hearings, receive evidence and perform an8 and all acts necessar8 to resolve factual issues
raised in cases (a" falling within its original @urisdiction, (b" involving claims for damages arising from
provisional remedies, or (c" where the court grants a new trial based onl8 on the ground of newl81
discovered evidence5
*ec5 1:5 Guorum of the courtB certification or appeal of cases to *upreme Court5 6 Three (:" Dustices of
the Court of &ppeals shall constitute a 9uorum for the sessions of a division5 The unanimous vote of the
three (:" Dustices of a division shall be necessar8 for the pronouncement of a @udgment or final
resolution, which shall be reached in consultation before the writing of the opinion b8 a member of the
division5 )n the event that the three (:" Dustices can not reach a unanimous vote, the Presiding Dustice
shall direct the raffle committee of the Court to designate two (" additional Dustices to sit temporaril8
with them, forming a special division of five (%" members and the concurrence of a ma@orit8 of such
division shall be necessar8 for the pronouncement of a @udgment or final resolution5 The designation of
such additional Dustices shall be made strictl8 b8 raffle and rotation among all other Dustices of the Court
of &ppeals5
<henever the Court of &ppeals find that the penalt8 of death, reclusion perpetua, or life imprisonment
should be imposed in a case, the court, after discussion of the evidence and the law involved, shall
render @udgment imposing the penalt8 of death, reclusion perpetua, or life imprisonment as the
circumstance warrant5 'owever, it shall refrain from entering the @udgment and forthwith certif8 the
case and elevate the entire record thereof to the *upreme Court for review5
*ec5 1;5 /otion for new trial5 6 &t an8 time after the appeal from the lower court has been perfected
and before the @udgment of the Court of &ppeals convicting the appellant becomes final, the latter ma8
move for a new trial on the ground of newl81discovered evidence material to his defense5 The motion
shall conform with the provisions of section ;, Rule 115
*ec5 1%5 <here new trial conducted5 6 <hen a new trial is granted, the Court of &ppeals ma8 conduct
the hearing and receive evidence as provided in section 1 of this Rule or refer the trial to the court of
origin5
*ec5 1A5 Reconsideration5 6 & motion for reconsideration shall be filed within fifteen (1%" da8s from
notice of the decision or final order of the Court of &ppeals with copies thereof served upon the adverse
part8, setting forth the grounds in support thereof5 The mittimus shall be sta8ed during the pendenc8 of
the motion for reconsideration5 0o part8 shall be allowed a second motion for reconsideration of a
@udgment or final order5
*ec5 125 Dudgment transmitted and filed in trial court5 6 <hen the entr8 of @udgment of the Court of
&ppeals is issued, a certified true cop8 of the @udgment shall be attached to the original record which
shall be remanded to the cler> of the court from which the appeal was ta>en5
*ec5 1$5 &pplication of certain rules in civil procedure to criminal cases5 6 The provisions of Rules ;,
;; to ;A and ;$ to %A relating to procedure in the Court of &ppeals and in the *upreme Court in original
and appealed civil cases shall be applied to criminal cases insofar as the8 are applicable and not
inconsistent with the provision of this Rule5
R+,E 1% 1 PR-CED+RE )0 T'E *+PRE/E C-+RT
*ection 15 +niform Procedure5 6 +nless otherwise provided b8 the Constitution or b8 law, the
procedure in the *upreme Court in original and in appealed cases shall be the same as in the Court of
&ppeals5
*ec5 5 Review of decisions of the Court of &ppeals5 6 The procedure for the review b8 the *upreme
Court of decisions in criminal cases rendered b8 the Court of &ppeals shall be the same as in civil
cases5
*ec5 :5 Decision if opinion is e9uall8 divided5 6 <hen the *upreme Court en banc is e9uall8 divided in
opinion or the necessar8 ma@orit8 cannot be had on whether to ac9uit the appellant, the case shall again
be deliberated upon and if no decision is reached after re1deliberation, the @udgment of conviction of
lower court shall be reversed and the accused ac9uitted5
R+,E 1A 1 *E&RC' &0D *E)J+RE
*ection 15 *earch warrant defined5 6 & search warrant is an order in writing issued in the name of the
People of the Philippines, signed b8 a @udge and directed to a peace officer, commanding him to search
for personal propert8 described therein and bring it before the court5
*ec5 5 Court where application for search warrant shall be filed5 6 &n application for search warrant
shall be filed with the following7chanroblesvirtuallawlibrar8
(a" &n8 court within whose territorial @urisdiction a crime was committed5 chan robles virtual law librar8
(b" .or compelling reasons stated in the application, an8 court within the @udicial region where the crime
was committed if the place of the commission of the crime is >nown, or an8 court within the @udicial
region where the warrant shall be enforced5
'owever, if the criminal action has alread8 been filed, the application shall onl8 be made in the court
where the criminal action is pending5chanrobles virtualawlibrar8
*ec5 :5 Personal propert8 to be sei?ed5 6 & search warrant ma8 be issued for the search and sei?ure of
personal propert87chanroblesvirtuallawlibrar8
(a" *ub@ect of the offenseB
(b" *tolen or embe??led and other proceeds, or fruits of the offenseB or
(c" +sed or intended to be used as the means of committing an offense5
*ec5 ;5 Re9uisites for issuing search warrant5 6 & search warrant shall not issue except upon probable
cause in connection with one specific offense to be determined personall8 b8 the @udge after
examination under oath or affirmation of the complainant and the witness he ma8 produce, and
particularl8 describing the place to be searched and the things to be sei?ed which ma8 be an8where in
the Philippines5chanrobles virtualawlibrar8
*ec5 %5 Examination of complainantB record5 6 The @udge must, before issuing the warrant, personall8
examine in the form of searching 9uestions and answers, in writing and under oath, the complainant and
the witnesses he ma8 produce on facts personall8 >nown to them and attach to the record their sworn
statements, together with the affidavits submitted5
*ec5 A5 )ssuance and form of search warrant5 6 )f the @udge is satisfied of the existence of facts upon
which the application is based or that there is probable cause to believe that the8 exist, he shall issue the
warrant, which must be substantiall8 in the form prescribed b8 these Rules5
*ec5 25 Right to brea> door or window to effect search5 6 The officer, if refused admittance to the place
of directed search after giving notice of his purpose and authorit8, ma8 brea> open an8 outer or inner
door or window of a house or an8 part of a house or an8thing therein to execute the warrant to liberate
himself or an8 person lawfull8 aiding him when unlawfull8 detained therein5
*ec5 $5 *earch of house, room, or premises to be made in presence of two witnesses5 6 0o search of a
house, room, or an8 other premises shall be made except in the presence of the lawful occupant thereof
or an8 member of his famil8 or in the absence of the latter, two witnesses of sufficient age and discretion
residing in the same localit85 chan robles virtual law librar8
*ec5 #5 Time of ma>ing search5 6 The warrant must direct that it be served in the da8 time, unless the
affidavit asserts that the propert8 is on the person or in the place ordered to be searched, in which case a
direction ma8 be inserted that it be served at an8 time of the da8 or night5
*ec5 1!5 (alidit8 of search warrant5 6 & search warrant shall be valid for ten (1!" da8s from its date5
Thereafter, it shall be void5
*ec5 115 Receipt for the propert8 sei?ed5 6 The officer sei?ing the propert8 under the warrant must give
a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and
sei?ure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same localit8, leave a receipt in the place in which he found
the sei?ed propert85
*ec5 15 Deliver8 of propert8 and inventor8 thereof to courtB return and proceedings thereon5 6 (a"
The officer must forthwith deliver the propert8 sei?ed to the @udge who issued the warrant, together with
a true inventor8 thereof dul8 verified under oath5
(b" Ten (1!" da8s after issuance of the search warrant, the issuing @udge shall ascertain if the return has
been made, and if none, shall summon the person to whom the warrant was issued and re9uire him to
explain wh8 no return was made5 )f the return has been made, the @udge shall ascertain whether section
11 of this Rule has been complied with and shall re9uire that the propert8 sei?ed be delivered to him5
The @udge shall see to it that subsection (a" hereof has been complied with5
(c" The return on the search warrant shall be filed and >ept b8 the custodian of the log boo> on search
warrants who shall enter therein the date of the return, the result, and other actions of the @udge5
& violation of this section shall constitute contempt of court5
*ec5 1:5 *earch incident to lawful arrest5 6 & person lawfull8 arrested ma8 be searched for dangerous
weapons or an8thing which ma8 have been used or constitute proof in the commission of an offense
without a search warrant5
*ec5 1;5 /otion to 9uash a search warrant or to suppress evidenceB where to file5 6 & motion to 9uash
a search warrant andKor to suppress evidence obtained thereb8 ma8 be filed in and acted upon onl8 b8
the court where the action has been instituted5 )f no criminal action has been instituted, the motion ma8
be filed in and resolved b8 the court that issued search warrant5 'owever, if such court failed to resolve
the motion and a criminal case is subse9uentl8 filed in another court, the motion shall be resolved b8 the
latter court5 chan robles virtual law librar8
R+,E 12 1 PR-()*)-0&, RE/ED)E* )0 CR)/)0&, C&*E*
*ection 15 &vailabilit8 of provisional remedies5 6 The provisional remedies in civil actions, insofar as
the8 are applicable, ma8 be availed of in connection with the civil action deemed instituted with the
criminal action5
*ec5 5 &ttachment5 6 <hen the civil action is properl8 instituted in the criminal action as provided in
Rule 111, the offended part8 ma8 have the propert8 of the accused attached as securit8 for the
satisfaction of an8 @udgment that ma8 be recovered from the accused in the following
cases7chanroblesvirtuallawlibrar8
(a" <hen the accused is about to abscond from the PhilippinesB
(b" <hen the criminal action is based on a claim for mone8 or propert8 embe??led or fraudulentl8
misapplied or converted to the use of the accused who is a public officer, officer of a corporation,
attorne8, factor, bro>er, agent or cler>, in the course of his emplo8ment as such, or b8 an8 other person
in a fiduciar8 capacit8, or for a willful violation of dut8B
(c" <hen the accused has concealed, removed, or disposed of his propert8, or is about to do soB and
(d" <hen the accused resides outside the Philippines5