CRIMINAL PROCEDURE

Definition: treats of the series of processes by which the criminal laws are
enforced and by which the State prosecutes persons who violate the penal law
Adversarial System It contemplate two contending parties before the court
which hears them impartially and renders judgment only after trial.
Due Process is Mandatory; requirements
(1) That the court or tribunal trying the case must be clothed with judicial
power to hear and determine the matter before it;
(2) That jurisdiction is lawfully acquired by it over the person of the accused;
(3) That the accused is given opportunity to be heard;
(4) That judgment rendered only upon lawful hearing.
Distinguish between criminal law and criminal procedure.
Criminal law is substantive; it defines crimes, treats of their nature, and
provides for their punishment. Criminal procedure, on the other hand, is remedial
or procedural; it provides for the method by which a person accused of a crime is
arrested, tried and punished. Criminal law declares what acts are punishable, while
criminal procedure provides how the act is to be punished.
Requirements of Criminal Jurisdiction
A.] Jurisdiction over the subject matter
-Determined by the allegations of the complaint or information in accordance
with the law in
force at the time of the institution of the action.
B.] Jurisdiction over the person of the accused
- Conferred upon the court either by (1) voluntary appearance or surrender of
the accused or;
(2) by his arrest to answer for the crime charged.
C.] Territorial Jurisdiction
- The territory where the court has jurisdiction to take cognizance or to try the
offense allegedly committed therein by the accused.
Venue is an essential requirement in criminal procedure because it is jurisdictional.
General Rule: It is necessary before the court have jurisdiction to try and determine
the case, the crime was committed or any of its essential ingredients took place
within said area. (Sec. 15 (a) Rule 110)
Exception:
a.) (Sec.15 (b) Rule 110) Where 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 any municipality or territory where such train,
aircraft or other vehicle passed during its trip, including that place of its departure
and arrival. (Continuing Crimes)
b.) (Sec. 15 (c) Rule 110) Crime committed on board a vessel in the course of
its voyage; (Continuing Crimes)
c.) (Sec. 15 (d) Rule 110) Crimes committed outside the Philippines but
punishable under Art. 2 of the RPC. Crimes against national security.
d.) Where the SC orders a change of venue or place to avoid miscarriage of
justice.
e.) Written defamation if the offended party is a public official RTC where
the libelous article was printed; while if its a private individual where he actually
resided.

CRIMINAL JURISDICTION OF COURTS

A.] Metropolitan Trial Court (MTC)
Except in cases falling within the exclusive original jurisdiction of the RTC and
of the SB, the MTC shall exercise the following criminal jurisdiction: (Sec. 32 BP 129)
(1) Exclusive original jurisdiction over all violations of city or municipal
ordinances committed within their respective territorial jurisdiction.
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of the
imposable fine.
(3) When the prescribed penalty is fine only and the imposable amount does
not exceed P4,000.
(4) When the offense involves damage to property through criminal
negligence.
(5) Violation of BP 22
(6) Summary Procedure
a.) violations of traffic laws
b.) imprisonment not exceeding 6 months
c.) damage to property through criminal negligence with fine not
exceeding 10k pesos
B.] Regional Trial Court (RTC)
(1) Exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court.
a.) offenses with imprisonment exceeding six (6)
years;
b.) offenses punishable with fine only and exceeds P4000;
(2) Appellate jurisdiction over all cases decided by the MTC
(3) Special jurisdiction to handle exclusively criminal cases
(4) Specific laws
a.) Written defamation
b.) Comprehensive Dangerous Drugs Act (RA 9165)
c.) Violations of intellectual property rights.
(5) Cases on money laundering.
C.] Sandiganbayan (SB)
(1) Anti-Graft and Corrupt Practices Act where one or more of the accused are
officials occupying the following positions in the government, whether in a
permanent, acting or interim capacity, at the time of the commission of the offense;
a.) Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade 27 and higher;
b.) Members of Congress and officials
c.) Members of the Judiciary w/o prejudice to the provisions of
Constitution
d.) Chairmen and members of the Constitutional Commission
e.) All other national and local officials classified as grade 27 and
higher
(2) Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection (a)

(3) Civil and criminal cases filed pursuant to and in connection with EO 1, 2,
14 and 14-A.

RULE 110 PROSECUTION OF CRIMINAL ACTION

> How is criminal action instituted?
- Pursuant to Sec. 1 Rule 110, the institution of a criminal action generally
depends upon whether or not the offense is on which requires a preliminary
investigation.
Where preliminary investigation is required, a criminal action is instituted by
filing a complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
For other offenses, criminal action is instituted either filing the complaint or
information directly to the MTC or with the office of the prosecutor.
The institution of the criminal action shall interrupt the running or the period
of prescription of the offense charged unless otherwise provided in special laws.
Although offenses with imprisonment of less than 4 years 2 mos and 1 day,
preliminary investigation is not mandated may still request for a preliminary
investigation.
Commencement already in the court
Institution earlier; filing of complaint
> Sec. 2 Rule 110 The complaint or information shall be in writing, in the name
of the People of the Philippines and against all persons who appear to be
responsible for the offense involved.
> Distinction between complaint and information
Complaint is a sworn written statement
charging a person with an offense,
subscribed by the offended party, any
peace officer, or other public officer
charged with the enforcement of the law
violated (Sec. 3)

Information is an accusation in writing

charging a person with an offense,
subscribed by the prosecutor and filed
with the court (Sec. 4)

Filed either for preliminary investigation

or for trial
Court or in the office of the prosecutor

Only for trial

Court only

> Who may prosecute?

General rule: all criminal actions commenced by a complaint or information shall be
prosecuted under the direction and control of the public prosecutor;
- Private prosecutor may intervene, provide, he would be under the
supervision of the fiscal. (Sec. 16 Rule 110)
Exception: In case of heavy work schedule of the public prosecutor or the lack of
public prosecutor, the private prosecutor may be authorized in writing by the Chief
of the Prosecution Office.
When does private prosecutor CANNOT intervene with the case?
If the offended party
(1) waives the civil action;
(2) Reserves the right to institute it separately;
(3) institute the civil action prior to the criminal action;
(4) If the nature of the crime and provisions of the law, the civil
liability cannot
exist.
Private crimes adultery, concubinage, seduction, abduction, and acts of
lasciviousness

- Private crimes shall not be prosecuted except upon a complaint filed by the
offended party. This requirement was imposed out of consideration for the offended
party of her relatives who might prefer to suffer the outrage in silence rather than
go through with the scandal of a public trial.
If the victim is a minor, the complaint may be filed by her, parents,
grandparent, guardian or state, in that order.

> Sufficiency of complaint or information (Sec.6 Rule 110) A complaint or

information is deemed sufficient if it contains the following:
(1) The name of the accused; (Sec. 7)
- Name and surname of the accused. If cannot be ascertained, he must be
described under a fictitious name with a statement that his true name is unknown.
(2) The designation of the offense given by statute; (Sec. 8)
- An aggravating circumstance that is NOT alleged in the information cannot
be appreciated in determining the criminal liability of the accused.
- The accused cannot be held liable for an offense graver than that for which
he was indicted
Note:
In Rape, the twin circumstances of minority and relationship are in the nature of
qualifying circumstances because they alter the nature of the crime of rape and
increase the penalty. They must be specifically alleged with certainty in the
information.
(3) The acts or omissions complained of as constituting the offense; (Sec. 9)
- The accused will not be convicted of the offense proved during the trial if it
was not properly alleged in the information.
(4) The name of the offended party; (Sec.12)
- People of the Philippines because such crime is an outrage to the society.
- Private individual to whom the court will award the civil liability.
- In offenses against property, if the name of the owner is unknown, it must
properly be described.
(5) The approximate date of the commission of the offense; (Sec. 11)
- May be alleged to have been committed in a date as near as possible to the
actual date of its commission, except when the date is material element of the
offense it must state the precise
date.
(6) Place where the offense was committed. (Sec. 10)
- Sufficient if it can be understood that the crime was committed or any
essential ingredient
occurred at some place within the jurisdiction, except if
such place constitute as essential
element of the offense, it must specified
precisely.
Purpose of sufficiency: To enable the accused to properly prepare for his defense
and he is presumed to have no independent knowledge of the facts that constitute
the offense.
>Duplicity of the offense (Sec. 13 Rule 110)
General rule: A complaint or information must charge only one offense

- Remedy: Motion to Quash. Failure of the accused to interpose an objection

on the ground of duplicity of the offense
charged in the information constitutes
waiver.
Exception:
(1) Complex Crime when one offense is a necessary means to commit
another
(2) Special Complex Crime
(3) Compound Crime a single act constitutes two or more grave or less
grave felonies.
(4) Continuing Crime - where the elements occurred in 2 or more places.

>Venue of Criminal Actions (Sec.15 Rule 110)

(a) Subject to the existing laws, the criminal action shall be instituted and
tried in the court of the municipality or territory where the offense was committed
or where any of its essential ingredients occurred.
(b) Where 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 any municipality or territory where such train, aircraft or other
vehicle passed during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its
voyage, criminal action shall be instituted in the court of the first port of entry or of
any municipality or territory where the vessel passed during such voyage, subject to
the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Art.2 of
the RPC shall be cognizable by the court where the criminal action is first filed.
> Amendment or substitution (Sec. 14 Rule 110)
- A complaint or information may be amended, in form or in substance,
without leave of court and when it can be done without causing prejudice to the
rights of the accused.
Leave of court is required even if made before plea if:
a.) the amendment downgrades the nature of the offense charge; or
b.) the amendment excludes any accused from the complaint or information.
Such amendments require a motion by the prosecutor, with notice to the offended
party.
General Rule: As long as the accused has not yet entered his plea/ arraignment, the
information can be amended either in substance or form.
If after the accused has already entered his please:
As to FROM Allowed, as a judicial discretion
As to SUBSTANCE Prohibited
Test: When the defense under the complaint or information, as it originally stood,
would no longer be available after the amendment is made, and when any evidence
the accused have might have, would be inapplicable to the complaint.
Substantial Amendments
(1) If the amendments changes the manner of the commission of the offense;
(2) If it changes the name of the offended party;
(3) If it changes the date of the commission of the offense;
(4) To charge an offense when the original information does not charge an offense;
(5) When it changes the fact or ground of responsibility alleged in the original
information.
Example: Jenny was charge with murder. After trial, the prosecution proved
homicide. What will the court do? Dismiss the complaint for murder? No. jenny
should be convicted for homicide because all the element of homicide are also
included in the crime of murder; also, since homicide falls under the same Title with
murder in RPC book 2.
What is contemplated by Sec. 14 is, the offense proven is completely different from
the crime charged and therefore the accused cannot be convicted for the crime
proven because the crime proven is not included in the crime charged.

- The court should dismiss the complaint or information upon the filing of new
information by the prosecution. Provided, that the principle of double jeopardy is not
applicable.
Amendments
As to forms
Leave
of
court
As to P.I.
As
to
Double
Jeopardy

Involved
either
formal
or
substantial changes
Before plea, can be effected w/o
leave of court
If only as to form, there is no need
for another P.I.
Substantial amendments to the
information after the plea cannot
be made over the objection of the
accused, for if the original
information would be withdrawn,
the accused could invoke double
jeopardy.

v.

Substitution

Involves substantial change from the

original charge
Must be with leave of court as the
original information has to be dismissed.
Another preliminary investigation is
entailed and the accused has to plead
anew to the new information.
Requires or presupposes that the new
information is not included in the original
charge, hence the accused cannot claim
double jeopardy.

In amendment, you are not

changing the crime. The crime is
the same.

RULE 111 PROSECUTION OF CIVIL ACTION

> Institution of civil and criminal action (Sec.1)
- (a) When a criminal action is instituted, the civil action for recovery of the
civil liability arising from the offense charged shall be deemed instituted with the
criminal action. Based on Art. 100 RPC, that every person criminally liable for a
felony is also civilly liable.
Reservation shall be made before the prosecution start presenting its evidence.
Rule: Civil action is deemed instituted, unless:
(1) waives the civil action;
(2) Reserves the right to institute it separately;
(3) institute the civil action prior to the criminal action;
(4) If the nature of the crime and provisions of the law, the civil liability
cannot
exist.
- (b) No reservation of the civil action in BP 22 shall be allowed.
Where the civil action has been filed separately and trial thereof has not yet
commenced, it may be consolidated with the criminal action upon application with
the court trying the latter case.
>When the separate civil action is suspended (Sec. 2)
- After the criminal action is commenced, the separate civil action arising
therefrom (felony) cannot be instituted until final judgment has been entered in the
criminal action.

-The civil action shall be suspended in whatever state it may be found before
judgment on the merits. The suspension shall last until final judgment is rendered in
the criminal action.
- During pendency of the criminal action, the running period of prescription of
the civil action which cannot be instituted separately or whose proceeding has been
suspended shall be tolled.
-The extinction of the penal action does not carry with it extinction of the civil
action. However, the civil action based on delict shall be deemed extinguished of
there is a finding in a final judgment in the criminal action that the act or omission
from which the civil liability may arise did not exist.
>When civil action may proceed independently (Sec.3)
-Under the rules, only the civil liability of the accused arising from the crime
charged is deemed included in a criminal action. Thus, the civil action referred to in
Art. 32 (Constitutional rights), 33(torts - defamation, fraud, phy. Injuries), 34(ayaw
tumulong ng pulis) and 2178(quasi delict) of the Civil Code shall remain
independent of any criminal prosecution which may be based on the same act.
- Preponderance of evidence
- need not to be reserved
- However, the offended party cannot claim for damages twice.
Civil action based on Art. 32, 33, 34, 2178 are not suspended by the
commencement of the criminal action because they may proceed independently of
the criminal proceedings.
> Effect of death of the accused on the civil action (Sec.4)
- The death of the accused after arraignment and during the pendency of the
criminal action shall extinguish the civil liability ARISING from the delict. However,
the independent civil action instituted in section 3 of this Rule or which thereafter is
instituted to enforce liability arising from other sources of obligation may be
continued against the estate or legal representative of the accused after proper
substitution or against said estate as the case may be. The heirs of the accused
may be substituted for the deceased without requiring the appointment of an
executor or administrator and the court may appoint a guardian ad litem for the
minor heir.
If the accused dies before arraignment , the case shall be dismissed without
prejudice to any civil action the offended party may file against the estate of the
deceased.
On the third paragraph (tinamad akong ilagay -_-), assuming there is a judgment.
How will you enforce it? By execution?
- No. you must file it as a claim against his estate. But the assumption is it is
based on other sources of obligation other than crime.
> Judgment in civil action not a bar (Sec.5)
- A final judgment rendered in a civil action absolving the defendant from civil
liability is not a bar to a criminal action against the defendant for the same act or
omission subject of the civil action.
> Suspension by reason of prejudicial question (Sec. 6)
- A petition for suspension of the criminal action based upon the pendency of
a prejudicial question in a civil action may be filed in the office of the prosecutor or
the court conducting the preliminary investigation. When the criminal action has
been filed in the court for trial, the petition to suspend shall be filed in the same
criminal action at any time before the prosecution rests.
General Rule: Sec. 2
Exception: Sec 6

Prejudicial question is that arising in the civil case but which is so intimately
connected with the issues involved in the criminal case as to be determinative of
the innocence of guilt of the accused.
Elements (Sec. 7):
(1) A previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action; and
(2) The resolution of such issue determines whether or not the criminal action
may proceed.

RULE 112 PRELIMINARY INVESTIGATION

> Definition; when required (Sec.1)
- Preliminary Investigation is an inquiry or a proceeding the purpose of which
is to determine whether there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty thereof, and
should be held for trial.
Except as provided in Sec.7 of this Rule, a preliminary investigation is
required to be conducted before filing of a complaint or information for an offense
where the penalty prescribed by law is at least four (4) years, two (2) months, and
one (1) day without regard to the fine.
Is the respondent probably guilty and therefore should go to trial?
A prosecutor merely determines the existence of probable cause, and to file the
corresponding information if he finds it to be so; merely inquisitorial.
Nature:
-A P.I. has been called a judicial inquiry. It is a judicial proceeding, the prosecutor or
investigating officer acts as a quasi-judicial officer.
- Right to a P.I. may be waived for failure to invoke the right prior to or at the time of
the plea.
Purpose: (1) to secure the innocent against hasty, malicious and oppressive
prosecution, and (2) to protect him from an open and public accusation of crime,
from the trouble, expense and anxiety of a public trial, and (3) also to protect the
state from useless and expensive trials.
> Who may conduct a preliminary investigation (Sec.2)
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors;
(c) Other officers as may be authorized by law. (Ombudsman)
Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions.
(*Judges of MTC are not anymore authorized to conduct preliminary investigations,
as provided for in AM no. 05-8-26-SC)
> Procedure (Sec.3)
(a) The complaint shall state the address of the respondent and shall be
accompanied by the affidavits of the complainants and his witnesses, as well as
other supporting documents to establish probable cause. Subscribed and sworn to
before any prosecutor or govt official authorized to administer oath, or in the
absence or unavailability, before a notary public.
(b) Within ten (10) days 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 copy of the
complaint and its supporting affidavits and documents.
The respondent shall have the right to examine the evidence submitted by
the complainant which may not have been furnished and to copy them at his
expense.
(c) Within ten (10) days from receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counteraffidavit and that of his witnesses and other supporting documents relied upon for
his defense. The counter affidavits shall be subscribed and sworn to and certified as
provided in par. (a), The respondent shall not be allowed to file a motion to dismiss
in lieu of a counter-affidavit.

(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not

submit counter-affidavit within the ten day period, the investigating officer shall
resolve the complaint based on the evidence presented by the complainant.
(e) The investigating officer may set a hearing if there are facts and issues to
be clarified from a party or a witness. Parties cannot cross examine but may submit
to investigating officer questions which may be ask to the party or witness
concerned.
The hearing shall be held within ten (10) days from the submission of the
counter-affidavit and other documents OR from the expiration of the period of their
submission. It shall be terminated within five days.
(f) Within ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for trial.
Tatad v. Sandiganbayan
Facts: The preliminary investigation lasted for 3 years
Issue: is the 10-day period to issue a resolution mandatory or directory?
Held: Directory, yet, it cannot be ignored completely. All information filed must be
dismissed for violation of the right to speedy trial.
Long delay in terminating the P.I. should not be deemed fatal, even the
absence of it, but an UNDUE DELAY in the conduct of a P.I. cannot be corrected.
>Resolution of investigating prosecutor and its review (Sec.4)
- The investigating prosecutor after the preliminary investigation will now
issue a resolution to be approved by his superior recommending the filling or
dismissal of the case. If he finds probable cause to hold the respondent for trial, he
shall prepare the resolution and information and he will certify under oath that he,
or as shown by the record, an authorized officer, has personally examined the
complainant and his witnesses that there is a reasonable ground to believe that a
crime has been committed that the accused is probably guilty thereof, that the
accused was informed of the complaints and of the evidence submitted against him
and that he was given opportunity to submit controverting evidence.
Where the investigating prosecutor recommends the dismissal of the
complaint but his recommendation is disapproved by the provincial or city
prosecutor or chief state prosecutor or the ombudsman of his deputy on the ground
that probable cause exists, the latter may, by himself, file the information against
the respondent, or direct another assistant prosecutor or state prosecutor to do so
without conducting another preliminary investigation.
Is the resolution of the prosecutor appealable?
Yes. It is appealable to the Secretary of Justice. (Sec. 4 par.4)
Crespo v. Mogul
Held: the power of the fiscal is practically absolute whether to file or not to file. But
once the case is filled in court, the power now belongs to the judge and he is the
one who will determine whether to proceed or not to proceed. The court will be the
one to decide because control over the case is already shifted to the court.
>When warrant of arrest may issue (Sec.5)
(a) By the RTC Within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the resolution of the prosecutor and
its supporting evidence. He may immediately dismiss the case if the evidence on
record clearly fails to establish probable cause. If he finds probable cause, he shall
issue a warrant of arrest, or a commitment order. In case of doubt on the existence
of probable cause, the judge may order the prosecutor to present additional
evidence within five (5) days from the notice and the issue must be resolved by the
court within thirty (30) days from the filing of the complaint of information.

Judge may: (1) Issue the arrest; or (2) dismiss it immediately; or (3) order to present
additional evidence

Determining
Probable
cause
Nature

Investigating Prosecutor
whether or not to file the case in
court

Judge
for issuance of warrant of arrest

Executive
Procedure in Sec. 3

Judicial
Personal examination of the prosecutors
resolution

(b) By the MTC When required pursuant to the second paragraph of Sec. 1
of this rule, even without the conclusion of the investigation, the judge may 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 questions and answers, that
a probable cause exist.
(c) When warrant of arrest not necessary A warrant of arrest shall not issue
if
(1) the accused is already under detention pursuant to a warrant
issued by the MTC in accordance with par. (b) of this section; or
(2) if the complaint or information was filed pursuant to sec. 6 of this
rule (warrantless arrest); or
(3) offense penalized by fine only.
>When accused lawfully arrested without warrant (Sec.6)
- When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information may be
filed by a prosecutor without a need of such investigation provided an inquest has
been conducted in accordance with existing rules. In the absence or unavailability of
an inquest prosecutor, the complaint may be filed by the offended party or peace
officer directly with the proper court on the basis of the affidavit of the offended
party or arresting officer.
Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation, but he must sign a waiver of the provision of Art. 125 of
RPC in the presence of his counsel. Notwithstanding the waiver, he may apply for
bail and investigation must be terminated within 15 days.
After the filing of the complaint or information in court w/o preliminary
investigation, the accused may, within five (5) days from the time he learns of its
filing, ask for a preliminary investigation.
Art. 125 RPC period allowed for an accused to be detained without a warrant
12 hours light, 18 hours less grave, 36 hours - grave
Note:
Once you post bail, youre waiving your right to a preliminary investigation.
> Records (Sec.7)
- When the fiscal files an information, he should back up his certification of
probable cause with appropriate records. An information with mere certification is
not enough.

> Cases not requiring a P.I. nor covered by the Rule on Summary
Procedure (Sec.8)
What cases are covered by Sec.8?
- Where the prescribed penalty exceeds 6 months but more than 4yrs 2 mos.
These do not require preliminary investigation and also not covered by the
summary rules.
(a) If it is filed with the prosecutor the procedure in Sec.3 (a) of this Rule
shall be observed. There is no need for preliminary investigation. The prosecutor will
simple find out based on the affidavit of the complainant and his witnesses whether
or not there is probable cause.
(b) If it is filed in MTC The judge shall observe the procedure in Sec. (3) of
this Rule as well. If the judge finds no probable cause after personally evaluating the
evidences, or after personally examining in writing and under oath the complainant
and his witnesses in the form of searching question and answers, he shall dismiss
the same.
He may, however, require submission of additional evidence, within (10) days
from notice, to determine further the existence of probable cause.
When he finds probable cause, he shall issue a warrant of arrest OR a
commitment order if the accused had already been arrested and hold him for trial.

RULE 113 ARREST

>Definition of arrest (Sec.1)
Arrest is the taking of a person into custody in order that he may be bound to
answer for the commission of an offense.
The warrant of arrest must particularly describe the persons to be seized.
A warrant of arrest must contain a single offense.
> How made (Sec.2)
An arrest is made by an actual restraint of a person to be arrested, OR by his
submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest; the
person arrested shall not be subject to a greater restraint than is necessary for his
detention.
Stand on ground doctrine Shooting will be done only if it is necessary; acted in the
fulfillment of duty.
>Duty of arresting officer (Sec.3)
It shall be the duty of the officer executing the warrant to (1) arrest the
accused AND (2) deliver him to the nearest police station or jail without
unnecessary delay.
> Execution of warrant (Sec.4)
The head of the office to whom the warrant of arrest was delivered for
execution shall cause the warrant to be executed within ten (10) days from its
receipt. Within ten (10) days after the expiration of the period, the officer to whom it
was assigned for execution shall make a report to the judge who issued the warrant.
In case of his failure to execute the warrant, he shall state the reason therefore.

There is no such thing as lifetime of a warrant of arrest. In Malaloan v. CA, no

period is provided for the enforceability of warrants of arrest enforceable
indefinitely until the same is enforced or recalled.
However, Search warrant = only 10 days, otherwise void.
> Arrest without warrant (Sec.5)
A peace officer or a private person may, without a warrant, arrest a person:
(a) When in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; (Inflagrante Delicto)
in his presence means?
People v. Evaristo, when an officer sees the offense although at a distance or
hears the
disturbance or disturbances created thereby and proceed at once to
the scene of the crime.
(b) When an offense has just been committed and he has probable cause to believe
on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and (hot pursuit)
personal knowledge means?
People v. Doria, an actual belief or reasonable grounds of suspicion that is
founded on probable cause couple with good faith on the part of person making
the arrest.
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement to another. (fugitive of the law)
Note: Sec. 13 Rule 113 arrest after escape or rescue
> Time of making arrest (Sec.6) An arrest may be made on any day and at any
time of the day or night.
> Method of arrest by officer by virtue of WARRANT (Sec.7)
General Rule: The officer must inform the person to be arrested:
(1) the cause of the arrest;
(2) the fact that a warrant has been issued for his arrest.
Exception:
(1) when the person to be arrested flees;
(2) the person to be arrested forcibly resists before the officer has opportunity
to inform him;
(3) when giving of such information will imperil the arrest.
> Method of arrest by officer WITHOUT WARRANT (Sec.8)
General Rule: The officer must inform the person to be arrested:
(1) his authority;
(2) the cause of the arrest.
Exception:
(1) engaged in the commission of an offense;
(2) pursued immediately after its commission;
(3) pursued immediately after escape;
(4) flees;
(5) forcibly resists before the officer has opportunity to inform him;
(6) imperil the arrest.

> Method of arrest by private person (Sec.9)

General Rule: The private person shall inform the person to be arrested of:
(1) his intention to arrest him; and
(2) the case of arrest.
Exception:
Same in Sec.8
> (Sec. 10) An officer making a lawful arrest may orally summon as many persons
as he deems necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.
> Right of officer to break into building or enclosure (Sec.11)
> Right of officer to break out from building or enclosure (Sec.12)
> Arrest after escape or rescue (Sec.13)
If a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any place
within the Philippines.
RULE 114 BAIL
> Definition (Sec.1)
- Bail is the security given for the release of a person in custody of the law,
furnished by him or bondsman, to guarantee his appearance before any court as
required under the conditions hereinafter specified. Bail may be given in the form of
corporate surety, property bond, cash deposit or recognizance. (preventive
detention)
Purpose: (a) to combine the administration of justice with the convenience of a
person accused but not yet proven guilty; and (b) to relieve the accused of
imprisonment and the State of burden of keeping him, pending trial.
In order to invoke Bail, one must first be under the custody of the law by:
(1) Physical custody/ submission; or
(2) Constructive custody.
4 types of bail:
(a) Corporate Surety
(b) Property bond
(c) Cash bond
(d) Recognizance
The court cannot compel you to provide a specific bail because it is your
constitutional right. You are free to determine what bail to furnish.
> Conditions of the bail; requirements (Sec.2)
(a) The undertaking shall be effective upon approval, and unless cancelled,
shall remain in force at all stages of the case until promulgation of the judgment of
the RTC, irrespective of whether the case was originally filled in or appealed to it;
(b) The accused shall appear before the proper court whenever required by
the court of these Rules;
(c) The failure of the accused to appear at the trial w/o justification ad despite
due notice shall be deemed a waiver of his right to be present thereat, in such case,
the trial may proceed in absentia;
(d) The bondsman shall surrender the accused to the court for execution of
the final judgment.

If you are arrested in the MTC, talo, then you appeal sa RTC. What happen to your
bail?
A: Your bail is effective up to the RTC pursuant to sec.2 (a)
When is a person required by the court to appear?
A: (1) Arraignment or Promulgation of conviction; (2) Sec. 1 (c) Rule 115
presence is specifically ordered by the court for purposes of identification. x x x
The court imposed a condition that you can apply for bail only after youve been
arraigned? Is this a valid condition?
A: No. because the accused would be deprived of other rights and remedies he may
invoke before arraignment.
> No person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted to bail.
(Sec.3)
> Bail, a matter of right (Sec.4)
(1) before conviction by the MTC; (Sec.4 [a])
(2) after conviction by the MTC; (Sec.4[a])
(3) Before conviction by the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment; (Sec.4[b])
(4) Before conviction by the RTC of an offense punishable by death, reclusion
perpetua, or life imprisonment when evidence of guilt is not strong. (People v.
Donato)
People v. Donato
Held: If the offense charged is punishable by death, reclusion perpetua or lie
imprisonment, bail become a matter of discretion. It shall be denied if the evidence
of guilt is strong. The courts discretion is limited to determining whether or
not evidence of guilt is strong. But once it is determined that the evidence of
guilt is not strong, bail also becomes a matter or right.
>Bail, when discretionary (Sec.5)
(1) Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment, admission to bail is discretionary.
(2) [3rd par.] If the penalty imposed by the trial court is imprisonment
exceeding six(6) year, provided, it will not fall under the following circumstances,
otherwise bail is denied:
(a) That he is a recidivist, quasi-recidivist, habitual delinquent, or
committed the offense
with the aggravating circumstance of reiteracion.
(b) The he has previously escaped from legal confinement, evaded
sentence, or violated
the conditions of his bail without valid justification.
(c) That he committed the offense while on probation, parole or
conditional pardon
(d) That the circumstances of his case indicate the probability of flight
if released on bail;
(e) That there is undue risk that he may commit another crime during
the pendency of
the appeal.
The application for bail may be filed and acted upon by the trial court as long as the
original record of the case has not been transmitted to the appellate court.
What are the duties of the trial judge in case an application for bail is
filed? (Basco v. Rapatalo)

1
2
3
4

Notify the prosecutor of the hearing or require him to submit his

recommendation; (Sec.18)
Conduct a hearing; (MANDATORY)
Within forty-eight (48) hours after hearing, the court shall decide whether the
evidence of guilt is strong based on the summary of evidence of the
prosecution; (AM no. 12-11-2-SC)
If the guilt of the accused is not strong, discharge the accused upon the
approval of the bail bond. If evidence of guilt is strong, the petition should be
denied.

Bail hearing is mandatory when bail is a matter of discretion. It is incumbent upon

the prosecution to show that the evidence of guilt is strong. Even if the prosecution
is absent or refuses to present evidence, the court cannot grant bail without
conducting a hearing. The court must first be convinced that the evidence does not
warrant the denial of bail.
> (Sec.6) A capital offense is an offense which, under the law existing at the time
of its commission and of the application for admission to bail, may be punished with
death.
> When shall bail be denied?
(1) before conviction by the RTC of an offense punishable by death, reclusion
perpetua or life imprisonment when the evidence of guilt is strong;
(2) after conviction by the RTC where the penalty imposed is imprisonment
exceeding 6 years but no more than 20 years, and the case falls under Sec.5 [a]-[e].
> What are the guidelines in setting the amount of bail? (Sec. 9)
1
2
3
4
5
6
7
8
9
10

Financial ability of the accused

Nature and circumstances of the offense
Penalty for the offense
Character and reputation of the accused
Age and health of the accused
Weight of evidence against the accused
Probability of the accused appearing at the trial
Forfeiture of other bail
The fact that he was a fugitive from the law when arrested
Pendency of other cases where the accused is on bail

> Recognizance (Sec.15)

-Whenever allowed by law or these Rules, the court may release a person in
custody on his own recognizance or that of a responsible person.
Definition: an obligation of record, entered into before some court or magistrate
duly authorized to take it, with the condition to do some particular act, the most
usual condition in criminal cases being the appearance of the accused for trial.
(Word of honor)
* What are the instances when recognizance is allowed by the law or this Rule?
(1) RA 6036 Violation of an ordinance, light felony or criminal offense, the
imposable penalty does not
exceed 6 months of imprisonment and/or P2,000.
(2) Rule 114 Sec.16 A person in custody for a period equal to or more than the
minimum of the
principal penalty prescribed for the offense charged.
(3) Rule 114 Sec. 24
(4) PD 603 (Child and Youth Welfare Act)

> Where should bail be filed? (Sec. 17)

(a) It may be filed with the court where the case is pending. In the absence
of the judge thereof, bail may be filed with any RTC or MTC judge in the province,
city, or municipality. If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may also be filed with and RTC of said
place, or if no judge is available, with any MTC judge therein.
(b) But where bail is a matter of discretion or where the accused seeks to be
released on recognizance, bail may only be filed in the court where the case is
pending.
Any person in custody who is not yet charged may apply for bail with any
court in the province, city or municipality where he is held. (In case of an inquest)
What is the remedy of the accused if he is denied bail?
He should file a special civil action in the CA, not the SC within 60 days.
> Does an application for bail bar the accused from questioning the
validity or his arrest, the validity of the warrant, or the manner of
conducting the preliminary investigation? (Sec.26)
- No, provided that he raises these questions before plea.