 W/N committed in MM or outside MM does not matter at all.
 Regardless of fine or accessory penalty.
PART II: CRIMINAL PROCEDURE
General matters, jurisdiction
 When did Rules on Criminal Procedure take effect?
o Dec 1, 2000
 What is the rule on venue and jurisdiction?
o VENUE IS JURISDICTIONAL. The place of commission determines
jurisdiction.
o Contrast with civil cases where these are separate concepts.
o The crime of stabbing was committed in Makati; where can it be filed?
 ONLY in the courts of Makati.
o What is the exception?
 Transitory and continuing offenses, wherein one or more of the
elements happened in more than one venue.
 Ex. Estafa, where the elements may be committed in different
places (ex. misappropriation in one place and damage in
another).
 Ex. BP22  either place of issue, or where the check bounced
 Can an offense be committed outside the Philippines yet be filed here?
o Yes. Philippine ship/airship
Counterfeit coin or curency notes
o 1. Exceptions under article 2 of the RPC PO/E in the exercise of their functions
o 2. Under the Human Security Law (Sec. 49) Crimes against National Security
 Covers acts of terrorism
 Even if the act was committed outside the Philippines (ex. before
a consular or embassy of the Philippines and it was an act against
an officer, or in a Phil. Ship or airship)
 Act against Philippine citizens or against a specific ethnic group.
 But there can be instances where the hearings are conducted elsewhere. Is
this an exception?
o No, it’s not an exception, even if there are instances like the Ampatuan case
being heard in Manila instead of Maguindanao, or Mayor Sanchez case
being heard in Pasig instead of Laguna.
o What happened here was a mere transfer of venue. What was transferred
was the VENUE OF HEARING, but the place of institution was still the place
where the crime was committed.
o Where is this rule allowing transfer of hearing found?
 Found in the Constitution, and subject to approval of the SC.
 What is the jurisdiction of courts under RA 7691?
o RTC: Penalty exceeds six years imprisonment
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o MTC: Penalty does not exceed six years imprisonment.
o What if the penalty consists of just a fine?
 SC Circular 09-94
 If the fine exceeds 4,000 pesos, RTC has jurisdiction.
 If it does not exceed 4,000 pesos, the MTC has jurisdiction.
 What is the jurisdiction of Special Agrarian Court?
o This is important because there can be a penalty for its violation.
o DAR court has exclusive jurisdiction over all matters pertaining to the DAR
Law
 Exception to DAR’s exclusive and original jurisdiction are matters
pertaining to just compensation which goes to the courts
 Also and more importantly the RTC as special Agrarian Reform
Court also has exclusive and original jurisdiction for prosecution
of all criminal cases under the DAR Law
 What is the jurisdiction of the Sandiganbayan?
o 1. The accused is at least a Salary Grade 27 employee.
o 2. And the office must be a constitutive element of the offense.
o Can you be charged of offenses falling under the RPC?
 Yes.
 Can there be instances when you are not SG27 and still be under the SB
jurisdiction?
o Yes, if there is an express provision.
o Serrano: UP Student Reagent is a public officer under the SB’s jurisdiction.
She claimed that she did not get any compensation and she was not a
public officer. While the first part of 4a only covers officials SG27 and
above, the second part covers officers whose positions may not be SG27
and higher, but who are by express provision of law are placed under the
SB.
 Sec 4a(1g) gives the SB jurisdiction over officers in State-owned
universities [Student Reagent is part of the board]
 What if the public officer is not SG27 but the office was a constitutive element
of the offense? Which court has jurisdiction?
o Regular courts, subject to appeal before the SB.
o Because the SB has both original and appellate jurisdiction.
 What if there is one public officer falling under the SB jurisdiction and the
other is not?
o They can both be charged as co-accused under the SB if at least one is
SG27.
o Esquivel v. OMB: There was a session in Sanggunian involving both a
Municipal Mayor and a Barangay Captain. The MM was charged in the SB
 (since he was SG27) and the Brgy. Captain was charged as co-accused,
even if he was not SG27. HELD: Valid, because at least one of the co-
accused was SG27.
 What if a co-accused is a private party?
o Yes, the SB can have jurisdiction over him.
 Which court has jurisdiction to issue hold departure orders?
o Monejar: An MTC CANNOT. Only an RTC can issue a hold departure order.
o Circular 39-97 – Hold Departure Orders by RTC only apply to offenses
cognizable by second level courts.
o But there are instances when the DOJ Secretary can issue a hold
departure order, right?
 Yes, but this is not under the law but under the powers of the
Executive.
 There must be probable cause for the DOJ to issue one.
o What is the difference between a HDO and a watch list?
 HDO prevents you from leaving.
 Watch list – you’re only being watched, but you can leave.
 What determines jurisdiction of the court?
o It is determined by the allegations in the information
o And any one of the ingredients of the offense or the offense itself must be
committed within the territorial jurisdiction of the court.
 What is the concept of a prohibited second MR?
o As a rule, a second MR is a prohibited pleading.
o Padiola: Such motion is prohibited and will not be allowed except 1) for
ordinarily persuasive reasons and 2) only after express leave has been
obtained.
o A wrong mode of appeal under Rule 56 will cause the dismissal of the case.
o Does dismissal of a criminal charge cover dismissal of an
administrative case?
 No. It does not prevent the continuation of an administrative
action.
 The degree of evidence is different (proof beyond reasonable
doubt and substantial evidence)
 What is the jurisdiction of the OMB?
o Covers any act of malfeasance/misfeasance or omission by a public officer.
o It does not have to be in related to an office. The mere fact that you are a
public officer means that the OMB has jurisdiction.
o Is the OMB a court?
 No, it’s an investigative body.
 What is the difference between the powers of investigation of the OP and the
OMB?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o Unlike the Office of the Prosecutor, which can only act upon an affidavit
complaint, while the OMB can investigate upon:
 Own initiative, even without a formal complaint
 Inquiry into acts of government
o Method of filing a complaint before the OMB is direct, informal, speedy,
and inexpensive. Just sufficient information is needed.
 Which has primary jurisdiction to prosecute cases cognizable by the SB – OP
or the OMB?
o The OMB. The OMB has primary jurisdiction over cases cognizable by the
SB. He can take over at whatever stage of investigation by another
prosecutor.
 What is the Office of the Special Prosecutor?
o The OSP is merely a component of the office of the OMB and may only act
upon authority by the OMB.
o Without authority, the OSP cannot file an information
o The OMB’s power to prosecute carries with it the power to file an
information
 How do you review the actions of the OMB?
o Ordinarily, it can be reviewed by the CA under Rule 43 (for QJAs).
o If it involves a criminal case and there is GADALEJ, you go to the SC.
o Which decisions of the OMB in administrative cases are
unappeallable?
 1. Public censure, reprimand,
 2. Suspension of not more than 1 month
 3. Fine of not more than 1 month salary
 Can a case be dismissed outright by the OMB?
o Yes, for want of palpable merit.
 Can the OMB prosecute cases within the jurisdiction of regular courts?
o The powers granted to the OMB are very broad, so it can.
 Who represents the people during trial?
o Office of the Prosecutor.
 Who represents the people during appeals?
o Solicitor general
 What is controlling in determining the age of a child in conflict with the law?
o Remember, below 15 years of age, he is exempt
o 15 to below 18, exempt if without discernment
 If with discernment, go through juvenile law
o What controls is NOT the age at the time of promulgation of judgment, but
the age at the time of commission of the offense.
 What exceptional circumstances call justify an injunction to restrain criminal
prosecution? (IMPT)
o 1. To afford adequate protection to the constitutional rights of the accused
 o 2. Necessary for orderly administration of justice or to avoid  6. Resolution
oppression/multiplicity of actions o N.B. Remember, all periods here are 10 days
o 3. Double jeopardy is clearly apparent  What is the procedure in MM, not requiring PI?
o 4. Charges are manifestly false and motivated by lust for vengeance o Only Rule 112, Sec 3(A):
o 5. When there is clearly no prima facie case against the accused and a  1. File complaint
motion to quash on that ground was denied o Then the prosecutor already decides
 On a BP 22 case, when is the prescriptive period deemed as interrupted?
Upon filing the case in court or filing of the case before the Office of the
Prosecutor?
Rule 110 – institution of criminal actions
o Note that prescription is 4 years for BP 22. When Act 3326 was passed on
4 Dec 1926, preliminary investigation was conducted by Justices of the
 When does distinguishing between offenses committed in and outside of MM
Peace (equivalent of MTC before), and so when it was filed with the JOP for
matter?
PI, then the prescriptive period is interrupted.
o If for purposes of jurisdiction of courts, there is no need to distinguish
o So by filing the case with the Office of the Prosecutor, it interrupts the
between MM and Outside MM (OMM), for purposes of institution of the
running of the period.
criminal complaint, you will have to distinguish between MM/Chartered
o (It cited a case where the SEC is investigating a violation of the Securities
City (CC) and OMM.
Code, and it was deemed to have interrupted the period.)
MM/CC OMM/OCC  Who has control and supervision of a criminal case?
Requiring PI Office of the Prosecutor Office of the Prosecutor o The public prosecutor.
Not requiring PI Office of the Prosecutor Provincial o So what are the 3-fold duties of a PP?
Prosecutor/MTC  1. Conduct preliminary investigation
Falling under Rule Office of the Prosecutor Provincial  2. Prosecute a case
on summary proc. Prosecutor/MTC  3. Conducting inquest proceedings, consistent with Rule 112, Sec.
(ex. BP22)
6
o It means that the public prosecutor must be there during the case. If the
prosecutor is absent, the hearing will be cancelled.
 So who can conduct a preliminary investigation?
o A PP cannot come to court because he needed medical attention. He
o 1. Prosecutor.
 The old rule which includes an MTC judge was already amended. was not able to inform the court that he could not come. The counsel
o 2. Ombudsman. of accused asked if he could proceed even if the PP was absent,
subject to the prosecutor’s right to cross-examine the witness upon
 Can there be direct filing in a Metropolitan TC (Met. C)?
his return. When the PP returned, he claimed the proceedings were
o No. Just a MTC (Municipal Trial Court).
null and void. The other party said that the PP can cross-examine
o Because only MM/CCs have Metropolitan TCs.
anyway. Who is correct?
 What is the procedure in MM, requiring PI?
 The PP. The proceedings were null and void because he was not
o The entire Rule 112, Sec. 3:
present.
 1. File complaint
o So even if the PP’s presence is a mere passive presence, and not an active
 2. Investigating officer dismisses it or issues subpoena to
presence, that is fine, because everything is still under his control and
respondent
direction.
 3. Respondent submits counter-affidavit
 What is the only exception?
 4. If subpoena impossible or no counter-affidavit, investigating
o The private prosecutor can obtain a certification from the Chief of the
officer decides based on complaint
Prosecution Office to prosecute even in the absence of a PP. This
 5. If there is counter-affidavit, the officer can set up a clarificatory
certification lasts until the end of the case.
hearing
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 What is the role of a private prosecutor?  No need to allege, because it is part of the defense of the
o The private prosecutor intervenes for the private offended party. He does accused.
not represent the people. o 4. Facts or circumstances constituting the offense.
 What is the rule on private offenses?  “Cause of accusation” is the equivalent of a cause of action in a
o Adultery and concubinage cannot just be instituted by anyone. It must be civil case
the offended spouse. You would have to likewise implead as accused the  The language of the information should be in a language known
paramour and the partner (so both), unless either is dead. to the accused.
o If he has condoned, pardoned, etc. the offense, he/she cannot file.  What is the reason for this?
o Same rule applies to seduction, abduction, and acts of lasciviousness.  Rule 116 says that the accused must be properly
informed of the nature and cause of accusation against
him to make a proper arraignment and plea.
 Who can institute a rape case? o 5. Date of commission
o The minor, the victim, parents, grandparents, guardian, State in default  Do you need to provide the specific date of commission of
o The minor now can file alone, without assistance of parents (esp. when the the offense?
parents are the offender)  No need. Just an approximation is needed.
 What about defamatory statements in connection with adultery or  Exception: if the date is a material element of the offense.
concubinage?  Election offense
o Can only be instituted by the offended party.  Infanticide
 When is there sufficiency of information?  Is date a material element of the offense of rape?
o Sections 7-12 are elaborations of Section 6.  No.
o 1. Name of the accused o 6. Place
 Full name (first and surname)  Need to show that it is committed within the territorial
 If his full name is not known? jurisdiction of the court
 Can use a nickname or appellation (“Boy Singkit”)  But for offenses like trespass to dwelling, violation of domicile,
 What if there is no nickname or appellation? election cases, arson, etc. where the place of commission is
 Use John Doe or Jane Doe. For civil cases, you use material, you have to allege it with particularity
“unknown owner” or “unknown heir” or whatever. o 7. Name of the offended party
o 2. Designation of the offense by statute  Place it there, if it is known
 Ex. murder, homicide, estafa  If it is a crime against property, you describe the property so that
 If there is no designated name of the offense, just say “Violation of you will know who the offended party is
Sec. 5 and 11 of the Dangerous Drugs Law”  What if it is later on discovered?
 Recent SC decision: Even in the absence of a particular section, but  It can be inserted in the information
the allegation in the information shows that you know the nature  Only one offense per information
of the offense, then there is substantial compliance. o Is there an exception?
o 3. Qualifying and aggravating circumstances  Yes. If there are multiple offenses in the information and the
 Both should be alleged accused fails to object, each offense proved can be used against
 If it is an aggravating circumstance, it must be alleged. If it is him.
not alleged but proven in trial, can it be taken against the  Can you amend the information?
accused? o Yes.
 No.  Can you substitute the information for another?
 Even more reason for qualifying circumstances. o Yes.
 How about mitigating circumstances?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 o We always remember amendment but forget about substitution. So
remember this.
 When can you amend or substitute?
o Whether a matter of form or substance, there can be amendment if it is
before plea.
o Can you still change the substance of an information after a plea?
 No.
o Can you still change a matter of form after a plea?
 Yes, as long as it will not prejudice the right of the accused.
 What is the test to know w/n it will prejudice the rights of
the accused?
 If the original defense of the accused will have to be
changed due to the change in the formal amendment.
 Ex. The original case is for rape, except that in the
formal amendment, it was alleged that the age should
have been 17 and not 18 due to a typo. This will
prejudice the rights of the accused.
 What is downgrading and exclusion?
o Downgrading is lessening the offense (ex. robbery to theft, murder to
homicide, seduction to acts of lasciviousness)
o Exclusion is removing from the information a person
o When must downgrading or exclusion take place?
 Before plea.
o What are the requirements for exclusion or downgrading?
 1. Upon motion of prosecution
 2. With leave of court
 3. With consent of the offended party
 What is difference between exclusion before plea and discharge of the accused
as State witness?
o If exclusion, there is no need to submit an affidavit. In discharge, you have
to.
o In exclusion before plea, double jeopardy has not yet attached so you can
be charged again later on. In discharge as State witness, it is tantamount to
an acquittal so double jeopardy sets in.
 What is substitution?
o The information will be substituted with a new one to be filed, if the
prosecution cannot prove the offense charged in the prior information
o The accused will not be released until a new information has been filed as
a substitute
Rule 111 – civil liability in criminal cases
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 What is the general rule in civil liability?
o Once a criminal action is instituted, the civil is likewise instituted
 Exceptions?
o 1. Reservation
 When is reservation not allowed?
 BP 22 cases
 When can reservation take place?
 Any time before the prosecution commences with
presentation of evidence considering the circumstances
of the case. Take note of the underlined part because
the timeline is not a strict rule.
o 2. Instituted ahead of the criminal case
o 3. Waived
 When is there need for filing fees?
o Moral, nominal, exemplary, temperate damages require filing fees.
o Actual damages do not require filing fees.
o For BP 22, what is the rule?
 For EVERYTHING claimed, even liquidated and actual damages
(this is the face value of the check).
 Consolidation of writ of amparo cases:
o Can you consolidate a Writ of Amparo case with a civil case or an
admin case?
 No.
o Can you consolidate a Writ of Amparo case with a criminal case?
 Yes.
 Follow the general rule: if the civil case was instituted ahead of
the criminal case, the civil case is interrupted in whatever stage
and the criminal case proceeds until judgment.
 And there is an option to consolidate.
 What are kinds of acquittal?
o 1. Based on reasonable doubt
o 2. Did not commit the crime
o 3. Purely civil
o 4. The acts from which the civil liability arises from were not committed
 What is a prejudicial question?
o A criminal case will be suspended when there is a pending civil case which
must be suspended until the prejudicial question is resolved.
o What are the requisites?
 1. The civil action was filed first
 2. The resolution of the civil action is determinative of the
criminal action
o Give an example of a prejudicial question.
  Can trespassing be only committed against the owner of a
property?
 No. {Check this} So you need not file a civil case to
determine who owns the property first.
 Theft: determine first who owns the property
 Who determines whether there is a prejudicial question?
 The court.
 What will be suspended?
 The criminal case.
o Where do you file a motion to suspend on the ground of prejudicial
question?
 1. The court
 2. The prosecutor conducting PI
o When do you file the motion to suspend?
 Anytime before the prosecution rests its case
o Can an administrative case suspend a criminal case on the ground of
prejudicial question?
 No.
o Can another criminal case suspend a criminal case on the ground of
prejudicial question?
 No.
 What is an independent civil action?
o One that can proceed independent of a criminal case
o Arts. 31-34 of the NCC
o Art. 2176 of the NCC (quasi-delict)
 If there is an independent civil case filed before the criminal case, is the
independent civil case suspended?
o No.
o If there is a criminal case filed ahead, do you need to reserve the
independent civil action?
 No. YOU DO NOT RESERVE AN INDEPENDENT CIVIL ACTION.
o Can it proceed side by side with a criminal case?
 Yes.
 Compare with a reserved civil action (i.e. not independent).
 It cannot proceed side by side.
o Must an independent civil action be reserved?
 No need to be reserved, and it will not be suspended
 If the civil action was instituted ahead of the criminal, and there was a
judgment stating that there was no civil liability, is the offended party barred
from filing another criminal action?
o No. Again, the burden of proof is different.
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
Rule 112 – Preliminary investigation
 What is PI?
o Where the prosecutor determines whether there is probable cause to file a
case against a respondent
 Distinguish from inquest?
o Inquest is conducted by an inquest prosecutor, when one is caught under
the three exceptional circumstances provided in law
 Who can conduct preliminary investigation?
o City prosecutors, and their assistants, Provincial prosecutors and their
assistants
o OMB, and if they authorize the Special Prosecutor he can too
 What is the procedure for PI?
o 1. After receiving affidavit-complaint, the prosecutor will determine within
10 ten days whether there is probable cause
 Raffle
 Assigned to assistant prosecutor
o 2. Assistant prosecutor issues a subpoena to the respondent
o 3. The respondent will issue a counter affidavit within 10 days
 In practice there can be a reply or rejoinder, but this is not
provided by the rules
o 4. Optional clarificatory hearing
o 5. Resolution
 Who prepares the resolution?
 The Assistant prosecutor
 Is it the city prosecutor or the assistant prosecutor?
 Assistant prosecutor prepares it, and then the city
prosecutor approves it
 City prosecutor has discretion to dismiss the complaint,
file the information himself, or ask another
assistant/State prosecutor to file it
o Regardless of recommendation
 Can a resolution be issued by an assistant prosecutor even
without approval of the City prosecutor?
 No.
 What if the City prosecutor does not agree with the
recommendation of the assistant prosecutor?
o He has discretion to reverse it.
 If the assistant prosecutor believes that there is probable cause,
he prepares a resolution AND an information. Information is
filed in court and resolution served to the parties. If he does not
find that there is probable cause, he only prepares a resolution.
 But regardless, no resolution can be issued without the approval
of the City or Provincial prosecutor.
 Can you file a complaint with the OMB?
o Yes, and he will then investigate. He can also motu propio investigate.
o Can the NBI conduct preliminary investigation?
 No.
 Is service of a subpoena and receipt thereof necessary for the Office of the
Prosecutor to obtain jurisdiction over the respondent?
o No.
o There is still no case filed against him, just an investigation.
o Even if he does not get to file a counter affidavit, there can still be a
resolution issued against him.
 X is arrested, accused of possessing illegal drugs, without a warrant. What is
the procedure?
o 1. X is taken to the police station
o 2. X can choose to apply for preliminary investigation, or have them
proceed with inquest
 If X applies for preliminary investigation, what happens?
 You sign a waiver of Art. 125 of RPC
 Will X be released?
 If he applies for bail.
 Where does X apply for PI?
 Before the inquest prosecutor.
 Where do you apply for bail?
 With the Executive Judge. (This is a “trade secret”)
 What is the procedure if someone is arrested for vagrancy, without warrant?
o Note that vagrancy does not need preliminary investigation, so the
information can be directly filed with the MTC.
o Can you apply for bail?
 Yes, because you were already arrested.
 You were sued for slight physical injuries in MM, and it was not in flagrante
delicto, so it was on the basis of affidavit complaint. What happens?
o There is no need for preliminary investigation.
o So the prosecutor will determine probable cause, then will file the
information in court.
o Is there a need for the respondent to file a counter affidavit here, and
is there need for preliminary investigation?
 No.
 When are inquest proceedings applicable?
o It must be due to a warrantless arrest:
 A. In flagrante delicto
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 B. A crime has been committed and the police officer has
personal knowledge that the person committed the crime
 C. Escaped from confinement or escape
o Also, it must be for an offense that requires PI (at least 4y, 2m, 1d) 
 If no need for PI, just file affidavit-complaint to the office of the
prosecutor. (Because only 3A is required)
o How do we distinguish (A) from (B)?
 First kind – the arresting officer was there when the crime was
committed
 Second kind – the arresting officer has personal knowledge
 If a person is arrested with a warrant can he be placed on inquest?
o No.
 What if he was arrested for an offense for which he was previously charged,
and then he escaped from detention and he was arrested without a warrant?
o Inquest must be conducted.
 How do you appeal a resolution?
o Within 15 days, file a Petition for Review to the DOJ.
o Must the petition be verified?
 Yes.
o Can the period be extended?
 No.
o If the DOJ decision is adverse, to where do you go?
 Rule 43, to the CA
 (Or Rule 65, to the CA if there was GADALEJ)
 Only to the SC if it’s the OMB
 (Or Office of the President if punishable by reclusion perpetua or
higher)
o Can you have the DOJ review the resolution if the offense in question
does not require a PI?
 No. This is clear in the circular. The offense must require, for its
charging, at least preliminary investigation OR has gone through
reinvestigation.
 What is reinvestigation?
 There was a regular PI, and you were not satisfied with
it, so one files for a reinvestigation with the Office of the
Prosecutor or in court.
 This is not provided in the rules.
 Do all offenses in the RTC require PI?
o Yes, because all offenses charged in the RTC exceed 6 years (and PI is for
4y,2m,1d)
 Once the information is filed in court, what can the judge do?
 o 1. Issue a warrant of arrest, after personally determining the existence of  What is the duty of the arresting officer if the arrest is without a warrant?
probable cause o 1. State authority to arrest
o 2. Dismiss the case for absence of probable cause o 2. Cause of the arrest
o 3. The court can call for a hearing to determine probable cause o Exceptions to this?
 So what are the options for a judge in an RTC case?  1. Engaged in commission of the offense
o Just these three.  2. Pursued immediately after offense
 What about the MTC? – Distinguish:  3. Flees/forcible resistance
o A. Not exceeding 6y, but more than 4y,2m,1d:  4. Informing accused imperils arrest
 See above [the three options]. So it’s like the RTC.  What about arrest by a private person?
o B. Below 4y,2m,1d, more than 6m o 1. State cause of arrest
 Same as three above, but the issuance of the warrant is up to the o 2. And intent to arrest him
discretion of the court. If the court believes the offense is not so  What are the other circumstances where there can be arrest without warrant?
grave, it may not issue a warrant and will just issue summons. o 1. Judicial bondsman may arrest him to surrender accused to court
o C. Not more than 6m, falling under the rule on SP o 2. Attempt to depart the country
 The court cannot issue a warrant of arrest. Instead, the court o 3. Person who has been lawfully arrested and has escaped
requires you to file a counter affidavit  After arrest what do you do?
 So when does the court issue a warrant of arrest? o 1. Bring him to the police station
 Only when there is failure by the accused to appear in o 2. He will be incarcerated until he files for bail
court despite repeated notice  What if he does not apply for bail?
 What is an example of a crime involving summary  He will stay in the city jail in the pendency of the case.
procedure?  If it’s a non-bailable offense, it’s a different procedure.
 BP 22  Just wait for arraignment.
 When can you file a motion for determination of probable cause?  What if he applies for bail?
o After filing of information, but before the judge has acted on it  He is released from the city jail and he has
o Can you file after issuance of a warrant of arrest? responsibility to attend arraignment/appear
 No. o 3. Afterwards, there will be an arraignment
 Will the filing of a petition for review suspend the issuance of a warrant of  What if a person is arrested without a warrant?
arrest? o 1. Brought to the nearest police station
o No. The mere filing of a petition for review will not suspend the issuance o 2. Inquest proceeding will be done
of a warrant of arrest.  Brought to the Prosecutor’s Office
o What it suspends is the arraignment. o 3. The inquest prosecutor can either release you or keep you in detention
o For how long?  When the inquest prosecutor releases you, does this mean
 60 days suspension of arraignment. your case is dismissed?
 No. You are released for preliminary investigation.
Rule 113 – Arrest
 This just means the affidavit-complaint of the police
officer used as basis for inquest will be filed with the
 Does the arresting officer need to show the warrant of arrest?
prosecutor as an ordinary case.
o 1. Inform cause of arrest
 What if the prosecutor says “detain”?
o 2. And that a warrant had been issued for his arrest
 You can apply for bail only after the information is filed
o Exception to this?
with court (since you cannot apply for bail in the police
 1. Flees/forcible resistance
station). In the meantime, you will be detained in jail.
 2. Informing the accused imperils the arrest

Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
  You can either apply for preliminary investigation or 2. Go to the court, but do NOT bring your client with you. He will be just around
not. the area because the judge might need him to appear.
 What if you apply for preliminary investigation? 3. Bring CASH BOND (since there are only a few surety companies now that offer
o You sign a waiver of Art. 125. bail bond, and these companies are strict)
o Can you then apply for bail? 4. Once there, the court will give authorization to pay the bail bond.
 Yes. You file it with the executive 5. You will be issued A RECEIPT, and bring it to court which will order the
judge. LIFTING OF WARRANT / WARRANT OF ARREST or an ORDER OF RELEASE. In
 After waiver of 125, what is the next step? the order, they will also schedule arraignment (maybe on the date of hearing of
o Go to preliminary investigation. bail or 30 days after acquiring jurisdiction).
 What if you did not ask for a preliminary a. An order of release is not forwarded to the police station, that is why
investigation? it is important to give copies to the client. The court will not recall the
o An information can be filed warrant.
o Afterwards, there is arraignment 6. Once the order is released, the client can now go home. Reproduce 4 or 5 copies
 In inquest, there is NO NEED TO DETERMINE PROBABLE CAUSE, since that is of ORDER OF RELEASE and BAIL RECEIPT (put in the wallet, all the cars, office)
done during preliminary investigation.
PETITION FOR BAIL (found in Sec. 6, 7 & 8, RULE 114)
 In inquest, when he is released doesn’t mean he goes scot-free, it just means
that the evidence of guilt against him is not strong.
 What are the types of bail?
o 1. Cash bond (found in the bottom of the information, recommended by the
Rule 114 – Bail
prosecutor they have their own guidelines) ,Section 9 is used to evaluate
 When does bail apply / when can you apply for bail? the amount by the court as recommended by the prosecutor
o Whenever there is deprivation of liberty (after the information is filed in  In a cash bond, how much is deposited in court?
court)  The full amount recommended
 When is bail a matter of right?  only for those who can afford bail!  Who receives it?
o Before conviction, whether MTC or RTC (e.g. estafa)  Municipal, city, or provincial treasurer or the CIR
 Except for cases punishable by RP, LI, DP  Clerk of court where the case is pending
o After conviction, if MTC (until the judgment becomes final and executory o 2. Corporate surety (harder to get this one)
[even if malicious mischief])  Just pay the premium to the surety, and undertaking by the
 When is it a matter of discretion? (SEC.5)  there is a need for hearing / judicial surety company that the person should jump bail the company
determination if bail will be given will pay
o After conviction, if RTC (except cases punishable by RP, LI, DP)  Here you only pay a portion of the bail, depending on the
 Non-bailable offense? premium of the surety company depending on the risk of the
o Cases punishable by RP, LI, DP (if evidence of guilt is strong that needs to be surety (premium will be higher if there is a higher risk). 
established by the prosecution) MUST BE PAID EVERY YEAR, by the nature of the bond but
o E.g. Murder, Large-scale illegal recruitment) o 3. Property bond (for failure: the property shall be attached or levied upon)
o REMEDY: PETITION FOR BAIL  What is the most important requirement for a property
 IMPORTANT: Whether it is a matter of right or discretion, THERE IS ALWAYS bond?
HEARING  The owner must be resident of the Philippines so that
they would be in the jurisdiction of court processes
STEPS IN APPLYING FOR BAIL (as a matter of right) (look into the STATE INTEREST).
 Registration of the lien must be done within 10 days from
1. Check where the case is raffled off approval of the bond

Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
  Does the accused need to be the owner of the property?
 No.
No money o 4. Recognition – record of obligation in court of an individual that he will
or property
needed - must be pledge or promise to perform a particular act (done by himself or another
by a responsible person)  no need to raise a certain amount, merely a promise
person
 Can you be released on your own recognizance?
 Yes. Or recognizance of another person. (usually
happens in a councilor for his constituents)
 If you are not satisfied with the bail, you can MOVE TO REDUCE BAIL but bail
cannot be applied (you will still be committed, the arrest will be standing)
 What are the stipulations in a bond?
o 1. Bond is effective upon approval and unless cancelled
 Lasts until promulgation of judgment in RTC, whether case is
originally filed or on appeal
o 2. Accused must appear in court if required
o 3. Failure to appear in trial is deemed a waiver
 Trial can proceed in absentia
o 4. Bondman must surrender accused to the court for final judgment
 From when and up until when is a bail in force?
o From approval, until promulgation of judgment by the RTC
o Whether originally filed there or on appeal
 N.B. thus if the case started in the MTC, you filed for and were
given bail, it can continue up to appeal in the RTC
< Kira notes follow >
Rule 113
People v. Laguio – requisites inflagrante delicto; a 2007 case
1. Person to be arrested must execute an overt act that he has committed, actually
committing, or attempting to commit
2. Overt act is done within the presence or within the view of the arresting person
or officer
Presentation of the informer/informant is not indispensable in the prosecution of a
criminal case.
Hot pursuit only applies:
1. Offense has just been committed (If there is just an attempt, or the person is
just committing, hot pursuit will not apply)
2. No requirement that it be done in the presence of the officer. It is only required
that the arresting officer with an independent and personal assessment has
probably cause to believe that a crime has been committed.
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
Rule 114
Issues with grant of bail:
1. The General Garcia issue – He was charged of plunder with the Sandiganbayan,
which is a non-bailable offense. He is not entitled to bail. He has no right to bail,
as a rule. But they can file a petition for bail. Then he entered into a plea
bargain. (When can you enter into plea bargain? ANS: At any time before trial.
You can enter into plea of guilt to lesser offense during arraignment, or even
after arraignment but before trial, or during pre-trial.) Here the plea bargain to
a lesser offense of corruption was entered into after trial. Is he now entitled to
bail?
a. When there is conviction, are you still entitled to bail? – As a rule, no.
But when you appeal the conviction, you can still apply for bail, as
long as the decision is not final and executory, assuming that it is a
bailable offense. In this case, the bail is a matter of discretion to the
court.
b. When the judgment has become final and executory, can you still
apply for bail? – As a rule, no.
c. What are the requirements for a plea of guilty to a lesser offense?
i. Notice to prosecutor
ii. Consent of offended party
d. If the trial court convicted you of an offense which is bailable (original
charge was non bailable offense), the bail should be applied with the
appellate court.
Bail as a Matter of Right v. Bail as a Matter of Discretion v. Petition for Bail for Non-
Bailable Offenses
1. Petition for Bail:
Case: Leviste V. Court of Appeals
Governor Leviste shot his aid. On advice of counsel, he surrendered
and was charged only with homicide (reclusion temporal only). It is a
bailable offense. He can avail of bail, as a matter of right. It was in the
RTC, before conviction, the offense is punishable not by reclusion
perpetua, death, or life imprisonment. Homicide is punishable with
reclusion temporal.
i. But then the information was withdrawn, and he is now
charged with murder – a non bailable offense. He will be
arrested and bought to the Makati City Jail. Is he now entitled
to bail? ANS. NO. But he can file PETITION FOR BAIL. Here,
the court granted his petition for bail. The court was
convinced the evidence of guilt against him was not strong.
ii. Trial proceeded and there was promulgation of judgment,
that he was guilty not of murder, but of homicide. Can Leviste
apply for bail now? ANS: He is entitled to bail as a matter
of discretion. Leviste applied in RTC, but should have
applied for bail in CA.
 b. Let’s say you were charged with offense where bail is a matter of right i. If convicted, beyond 6 years, and with disqualifiers – bail
(e.g. estafa), but then convicted. You can apply for bail, but it is a denied
matter of discretion. ii. If convicted, beyond 6 years, and no disqualifiers – bail is
c. What is the nature of a hearing for the petition for bail? ANS: matter of discretion
Summary (decided in a speedy manner, does not follow a strict iii. If convicted, less than 6 years – bail matter of right
trial). Because the person is detained; but the prosecution must be given opportunity to give at least iv. If convicted, less than 6 years, and with disqualifiers – bail
CASE: DOMINGGO V. PAGAYATAN his comment or recommendation; Matter of bail lang ang dinedecide matter of discretion, but court will impose higher bail
d. Can we dispense with a hearing for bail? (When the judge thinks because of disqualifiers
malakas un kaso ng prosecution)? ANS: NO. You cannot dispense with IMPORTANT:
and ignore hearing for bail. - You do not apply for bail in BP 22 cases (it is only summary procedure)
CASE: SERAPIO V. SANDIGANBAYAN - In qualified theft, there are gray areas on when or when you cannot apply for
e. Can there be joint summary hearing of petitions for bail? YES. But it is bail. When the prosecution recommends that it is non-bailable then you should
not mandatory. apply for petition for bail.
f. In the case of Estrada, the hearing was no longer summary, it was CONDITIONS OF BAIL:
already a full-blown trial since he is the president. - Undertaking shall be effective upon approval, until cancelled, at ALL STAGES,
g. Is an arraignment a prerequisite to a petition for bail? NO. Although until promulgation of decision of RTC (whether original or an appeal).
the judge in the Ampatuan case required the accused to be arraigned - The client MUST APPEAR upon notification of court.
before allowing the petition for bail (probably because of media o If he fails to appear, there will be a waiver of his right to appear and
pressure). There is nothing irregular here though, the counsel for the trial will proceed in absentia (if accused is already arraigned). Also, the
accused allowed it. The very moment there is a deprivation of prosecution can move that there will be forfeiture of bail bond and
liberty, you can apply for bail. have the accused arrested.
2. Bail as a Matter of Right - The client CANNOT LEAVE THE COUNTRY and when he attempts to depart
a. Basta nasa MTC, bailable as a matter of right. without approval of the court, he can be arrested without warrant. Upon filing
b. In RTC, bailable as matter of right if: of motion of approval to leave country then you may oppose. (see Sec.22)
i. Before conviction - SEC. 23: You cannot leave without approval of court. Expat is out on bail, he
ii. And not punishable by reclusion perpetua, death, or life always leave every few weeks, can he do that? Leave without approval of
imprisonment. court? ANS: NO. Accused out on bail cannot depart from Philippines without
c. The judge cannot deny bail that is matter of right; he can only increase securing approval of the court. If he departs without securing such
amount of bail. – Maceda case approval, he can be arrested without a warrant.(HDO – Based on circulars
3. Bail as a Matter of Discretion [supplement of the rules] BUT ONLY MAKES REFERENCE TO RTC)
a. In RTC
i. Conviction FORFEITURE V. CANCELLATION
ii. And not punishable by reclusion perpetua, death, or life
- Forfeiture (violation): Court must inform the bondsman to produce before
imprisonment
him at a specified time or place. Upon failure, his bail shall be declared forfeited,
iii. And not accompanied by the ff instances, if the penalty
and the bondsmen must produce principal within 30 days (see Sec. 21)
exceeds 6 years:
- Cancellation: No need to commit the accused, because he is dead or
If any of these circumstances 1. Recidivist, habitual delinquent, etc
surrendered.
are present then court
2. Previously escaped from legal confinement
o Apply for application: Upon death, to inform the court of his death.
cannot exercise its discretion
3. Committed offense while under probabtion, parole
o Automatically cancelled: Upon acquittal, dismissal, or execution of
4. Flight-risk
and deny bail. judgment. (bail is no longer needed since he is committed. Damages will
5. Undue risk that he may commit crime during
be taken out of the bail, the proceeds will be returned to the ACCUSED)
pendency of appeal
b. Where will you apply? SECTION 16:
i. If appealed, before transmission of records: to RTC Scenario 1: In custody for more than the maximum imprisonment prescribed, then he
ii. If appealed, and the RTC conviction changed nature of offense will be RELEASED without prejudice to the continuance of trial or proceedings.
from non bailable to bailable: to appellate court  If accused is charged with vagrancy and has been in detention for almost 2
c. Bail as a matter of discretion has an enumeration of certain years, what should the judge do with the accused? Proceed with the case, appear
disqualifiers.
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 when required by the court. But what happens in real life, you plead guilty then the
case is terminated and the court orders release but you will be convicted.
Scenario 2: In custody for more than the minimum imprisonment prescribed, then he
will be RELEASED on a reduced bail or recognizance of a responsible person.
 In a voluntary surrender, you do not need a certificate of arrest, for an
application for bail.
CASE: Mabutas v. Perello – requirements for hearing for applications for bail
1. Bail as a matter of discretion is different from the exercise of discretion in
petitions for bail
2. Bail is a matter of judicial discretion that remains with the judge. A hearing on
application for bail is mandatory, whether bail is matter of right or matter of
discretion.
3. In case application for bail is filed, judge is entrusted with ff duties:
a. In all cases whether bail is matter of right or discretion, notify
prosecutor of application for bail or allow him to give his (prosecutor)
recommendation
b. When bail is matter of discretion, conduct hearing on application,
regardless or not whether prosecutor wants to present evidence that
guilt is strong
c. Decide whether evidence of guilt is strong based on summary evidence
of the prosecution
d. If guilt is not strong, discharge accused on approval of bail
What if charged with murder, petition for bail granted, then convicted of homicide? –
Entitled to bail as matter of discretion. The issue of whether evidence of guilt is strong
is not relevant, because that only applies if the offense is non bailable.
What if charged with murder, petition for bail granted, then conviction of murder? –
Can’t apply for bail; the nature of offense is non bailable. Obviously having been
convicted, the evidence of guilt is strong.
What if convicted of offense not punishable of imprisonment beyond 6 years, is it still a bail
as a matter of discretion? (That which is alleged is different from what is proven. – Rule
120) – It is now bail as matter of right.
For purpose of judge determining if bail if excessive – must consider parameters laid
down in Section 9
But for purposes of recommending bail by prosecutor – they have their own
administrative list
Where to File Bail:
1. You were arrested in Kamagong (Makati), the case was filed in Makati. Action
pending in same province/city where he was arrested. (IF SAME PROVINCE
WHERE ARRESTED AND CASE PENDING  where case is PENDING)
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
a. Apply in court where case is pending (e.g RTC Branch 62 not
Branch 63, 64)
b. In absence or unavailability of judge, in any court in the area
(clerk of court should certify the unavailability of the judge) --
REASONS: sick,
2. Person arrested in Marikina, case pending in QC. Can person file for bail in QC?
NO. Because when you’re arrested in Marikina, you will be taken to nearest
police station in Marikina. So you’ll apply there in Marikina. (WHERE
DIFFERENT PLACE OF ARREST AND PENDING CASE  you can apply in BOTH
places but it is more practical to file in RTC WHERE ARRESTED)
3. If you’re in Cavite, but the case is pending in Makati, but you haven’t been
arrested, you can’t apply for bail in Cavite. (CASE PENDING BUT NOT ARRESTED
 only in place where the case is PENDING and only when information is
filed, you CANNOT apply in the place where you are staying or where you
surrender (they make it look like you were arrested there)– highly
irregular)
4. Arrested in Ilocos, case pending in Manila. He applied for bail in Ilocos and was
granted. Later the records were sent to Manila. (Require new bail if records
are sent to another court)
a. Should the records be sent to Manila? ANS: Yes.
b. Is the judge in Manila obligated to accept the bail? ANS: He’s not
required. He can reject or it require a new bail. Claim the bail from
where it was originally filed and post it in the new court.
The DNA Rule
1. Can a person who has already been convicted and serving sentence, apply for
DNA examination? ANS: Yes
2. If the court finds after DNA evidence that the person serving sentence is not
guilty, what will the court do? ANS: Person serving sentence must apply for
habeas corpus.
CONCLUSIONS:
1. Records must be forwarded to the court where the case is pending (if there is
an arrest in another place).
2. You can apply for reduction or increase in bail. Bail is a matter of right you
cannot deprive him, you just increase.
3. If bail applied is pending(MKT) and arrested (LAGUNA) in two places, then you
can apply in any RTC of LAGUNA or if unavailable, MTC judge.
Rule 115 – Rights of the accused (rights during trial)
A. Presumption of innocence (will only rise upon filing of information or charged with a
criminal offense)
 Disputable presumption (Rule 131, Sec. 3)  will only rise if certain facts happen
(when the information is filed)
 How did the court apply presumption of innocence in P v. Dimalanta?
 o When circumstances lead to two or more inferences, one or more leading
to innocence and one or more leading to guilt, the former should prevail.
B. To be informed of the nature and cause of the accusation against him / right to counsel
in general
 To be informed of the nature and cause of accusation against him:
o Get an authorized interpreter if the accused does not speak
Filipino/English
 When can a counsel de officio be appointed? (if there is no counsel of his own
choice or he cannot afford one)
o 1. During arraignment (Rule 116)
o 2. During trial
o 3. Before records are elevated on appeal (accused informed of right to
counsel by clerk of court at this point)
o 4. In the CA (Rule 124, Sec. 2) –
 When the accused signed his appeal by himself
 Or accused is in prison
o 5. In the SC – have their own guidelines, not provided by RoC
C. Right against self-incrimination
 What is prohibited?
o Prohibition on compelling to give testimonial evidence or any intelligible
act (like writing if forced)
 What is not prohibited?
o Mechanical acts (writing to some effect), DNA, wearing pants, getting
samples from body emissions
 What is the concept of chain of custody in the DNA rule?
o Usually it’s a concept that is connected with drugs, as re: possession of
seized item from the scene of the crime
o For purposes of evidence, it is considered for tampering or authenticity of
the sample.
o If the sample has been tampered with, you cannot get an accurate result.
 What are the ways by which a laboratory can be accredited?
o See Rules on DNA Evidence 7c
 What is the rule on filiation?
o DNA results that exclude from paternity are conclusive
o If the value of probability of paternity is less than 99.9% - merely
corroborative
o If the value is 99.9% or higher – it is a disputable/refutable presumption
o Why is it just a disputable presumption?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 Because you can still argue that it would have been physically
impossible for one to do it, or there is no access, and that there is
someone who could have similar DNA makeup (twins, for
instance).
o Differentiate corroborative from cumulative evidence?
 Corroborative  proving same point, but different kind and
character of evidence
 Cumulative  Same kind and character, proving same point
D. Right to be present in the course of the proceedings
o What is the consequence of his absence in the hearing?
 There can be a trial in absentia if there already is arraignment
and the accused is unjustifiably absent
 If the accused cannot be arraigned, then the
arraignment will be RESET OR RESCHEDULED but not
perpetually done, or moved for PROVISIONAL
DISMISSAL (can be revived but will become
permanent after lapse of certain), can be done twice
or more IF NOT, case will be ARCHIVED.
 Trial in absentia  deemed to have waive your right
to appear on that day
o When is his presence mandatory?
 The general rule is the he must be present at all stages of the
proceeding.
 Mandatory if he needs to be identified. (point to the person and
describe what he is wearing, need not be identified by an expert,
IDENTIFICATION ONLY NEEDS TO HAVE ADEQUATE
KNOWLEDGE)
o Can this be waived?
 Yes. You can use this if the accused does not want to attend
because of health reasons.
 There must be a stipulation that you are waiving your presence
in the trial. (unless the accused needs to be identifieD)
o Where and when should it be waived?
 There should be a stipulation in the conditions of bail. So as a
rule, it cannot be waived. Request it from bondsman or court if cash bond
o What if the private complainant is absent?
 It’s fine.
E. The right to public trial
o General rule is that the trial is public
 o When can the public be excluded?  Orders of inhibition or change/transfer of venue
 Found in Rule 119, Sec 21. (offensive to decency/public morals)  Prejudicial question
o Does public trial include public viewing on TV or radio broadcast?  Any period not exceeding 30 days when the accused is
 No. It opens room for lawyers to grandstand. actually under advisement
o Also recognized in evidence:  [Unavailable, unable]
 2. Absence or unavailability of an essential witness
F. Right to speedy trial (WHY? To avoid Vexatious, Capricious and Oppressive Delays)  Absent  whereabouts unknown
 Unavailability  whereabouts known
o Can prosecution invoke this?
 3. There is a co-accused over whom the court has not
 No. It is up for the defense to prove this.
acquired jurisdiction or for whom time for trial has not run
o How many kinds of speedy trial? (applicable to criminal cases only)
and no motion for separate trial is granted
 in CIVPRO: Rule 17, Sec. 3: Failure to Prosecute (loosely used in
 4. Mental incompetence or physical inability of the accused
CrimPro)
to stand trial (unsound mind)
 1. Speedy disposition of the case (constitutional law)
 [Upon motions]
 2. Right to speedy trial (criminal law)
 5. Prosecution dismissed information upon motion and then
o What is the difference?
filed another charge for the same case – the time limit between
 Crim Pro: you can invoke it anytime before or during trial. (Sec. 9,
the dismissal and the subsequent charge
Rule 119)
 6. Continuance granted by the court motu propio or on
 Constitution: any time as long as the action is pending.
motion
o What is the remedy for speedy trial under the Constitution?
 Memorize this list. Rule 119 Sec 3.
 Habeas Corpus
o Cases:
 Because your continuous detention has no more legal basis
 In one case, Pre-trial happened after 7 years. Delay was
o What if it’s in criminal procedure?
brought about by extraordinary remedies, like a Rule 65
 Certiorari
certiorari. The right to speedy trial was invoked, but the SC said
 Prohibition
there was a valid exclusion
 Mandamus
 But as a rule, extraordinary remedies must not be
o Rule 119 has a computation. How long is the maximum time between
entertained and will not stop an ongoing criminal trial.
the arraignment and trial?
Of course, there are special cases.
 80 days
 In another case, there were 20 postponements. The witness
 If you don’t follow number days, you could expect a Motion to
requested by the prosecution was in the custody of the NBI, but
Dismiss on ground of violation of right to speedy trial
did not bring the witness in. This was reasonable delay, and the
o Entire period of trial?
prosecution was acting in GF.
 180 days
o What is “VCO”?
o But why are a lot of cases that do not commence in time, and are not
 Vexatious, capricious, oppressive (you must now prove the same
dismissed due to violation of this right?
with periods)
 Because of the exclusions.
 VCO delays violate the right to speedy trial
o What are the exclusions? Under 119 - PERIODS - if not followed, eviolation to speedy trial
 1. Other proceedings:
G. Right to confront witnesses presented against him
 Mental/physical examination of accused
 Other criminal charges o Basically, can cross examine or confront (test the truthfulness and
 Extraordinary remedies against interlocutory orders freedom from bias)  you are in turn IMPEACHING THE WITNESS.
 Pre-trial proceedings, as long as not exceeding 30 days o TWO WAYS OF IMPEACHING THE WITNESS (Sec. 11 and 13)

Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
  Prior inconsistent statement (Sec. 13)
 Contradictory evidence or general reputation for honesty is bad
(Sec. 11)
o You can only cross-examine the witness on matters he testified on during
direct examination but the cross-examiner is given sufficient leeway by
court to test credibility of the witness.
o Why? (Rule 132, Sec. 6)
 Objective is to verify the credibility of the witness, truthfulness
and accuracy
 Testimony is free from interest or bias or the reverse
 Elicit all important facts bearing upon the issue (only done by
veteran lawyers, not for new lawyers)
o Testimony in another proceeding is generally hearsay (Sec. 47 Rule
130) but given a certain level of reliability (Exception to hearsay
evidence)  AS LONG AS GIVEN THE OPPORTUNITY TO CROSS-EXAMINE
 Reliable because it has been given the opportunity to cross-
examine (minimum)
 CIRCUMSTANCES: (Sec. 1 [f] Rule 115) Death, Unavailable (there
should have been diligent efforts to bring the person to court, not
just a whimsical interpretation but TRULY UNAVAILABLE)
H. Right to have compulsory processes to secure attendance of witnesses and production
of evidence
o Can apply for subpoena ad testificandum (testify) and duces tecum
(documents) must bring docs even if duces tecum only; cannot merely send the docs
o Can apply for contempt.
o Can apply for bench warrant (compel a person to be a witness, an
exercise of the authority of the court). arrest a person who ignores the processes of a court
o Right to modes of discovery:
 Can apply modes of discovery in criminal cases.
 Rule 119, Secs. 12, 13, 15  Conditional examination of
witnesses for the prosecution/accused. This is the equivalent of
Rule 23 depositions in criminal trial.
 Purposes for prosecution:
 1. Sick or infirm, or unavailable
 2. or the witness is about to depart.
 Purposes for accused:
 1. Sick or infirm or unavailable
 2. or more than 100km
 What is the difference if it will be availed of prosecution or
accused?
 Prosecution: ONLY in the court where the action is
pending
 Accused: Before any judge, member of the Bar in good
standing, and if ordered by a superior court directing an
inferior court
I. Right to testify on his own behalf
o Can the accused testify for the prosecution?
 No, you will be compelled to be a witness against yourself.
o Can a party in a criminal case be asked a question that would raise
civil liability but not criminal liability?
 [Answer unclear, but since it’s purely civil, I think the witness can
be compelled]
o What is the effect of silence?
 It should in no manner prejudice him
J. Right to appeal
o Will be discussed below (Rule 122-125)
o MR different from an appeal
o Appeal: seeking a recourse from an adverse judgment by going to
another court or body/tribunal (never on the same court)
o MR: you file in the same court
Rule 116 – Arraignment and Plea (related to the right of accused to know nature of
the accusation)
 How done?
o Information shall be in the language known to the accused.
o Information shall be read to the accused. Accused should be able to
understand the nature and cause of the accusation against him (lawyer
shall apply for an expert and get the interpreter from the embassy). 
DEFECTIVE IS NOT KNOWN TO THE ACCUSED
o If information is in a language not known to the accused, there must be an
authorized interpreter.
 When must arraignment take place?
o Within 30 days of obtaining jurisdiction over the person of the accused
o Take note that pre-trial must happen within this same period, but after
arraignment
o What if the person is preventively detained?
 Follow the 3:10:10 rule. So it’s shorter (max 23 days)

Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
  1. From filing of information, case is raffled within 3
days
 2. Arraignment within 10 days of raffle
 3. Pre-trial within 10 days of arraignment
 What comes first, plea or arraignment?
o Arraignment, where the information is read against him
o Can the arraignment be dispensed with? (Ex. by an accused that does
not want to hear the information)
 Never. You cannot waive the arraignment.
o Can the arraignment or reading be in a language different from what
the accused knows?
 No. It must be in a language known to the accused.
 What about a belated arraignment? (P v. Trinidad)
o This happened when they realized that there was no arraignment. There
was a belated arraignment that was validated because the lawyer had an
opportunity to cross examine and the lawyer actively participated in the
proceedings.
 Is the offended party required to be present in the arraignment?
o Need not be present because the accused is not a party to the case, only a
witness to the case
o May only be required by the court for the civil liability /aspect or plea-
bargaining.
 What are the kinds of pleas?
o 1. Plea of guilty (confession of judgment; acknowledgment) –
 A. Plea of guilty to lesser offense(during arraignment and at
any time before trial)
 Should be with the notice to the offended party and
consent of the public prosecutor
o If offended party is given notice and is absent:
you can plea for a lesser offense necessarily
included in the offense charged (narrow
application) and only with the consent of the
public prosecutor
 Until when can you do this? - Sec. 2 Rule 116
o During and after arraignment
o At very latest, pre-trial
o At trial, cannot plea guilty to lesser offense
 B. Plea of guilty to capital offense
 [N.B. this is a moot and academic discussion]
 CAPITAL OFFENSE: When at the time of the commission
and application for bail the penalty is death.
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 Court cannot just impose death because of the value of
life of the accused.
 What is required?
o Conduct searching inquiry to see if it is
voluntary and if he understands the plea
o A trial by the judge, presentation of evidence
as if there was no confession to see the
culpability of the accused
 What does it entail?
o 1. Background check (age, education, socio-
economic conditions)
o 2. Conduct of custodial investigation
o 3. Explain the nature of the offense and
extenuating circumstances to the accused (do
you know the offense? Aggravating or
Mitigating circumstance)
 Hearing after the plea
 C. Plea of guilt to a non-capital offense
 Should there be a hearing?
o It’s not mandatory. NO TRIAL.
o Only receive evidence to determine to exact
penalty of the offense.
 D. Improvident plea (may be withdrawn before conviction
becomes FINAL)
 What is an improvident plea [a plea of guilty]?
o Plea of guilty without fully understanding
consequences of the plea (you really don’t
know why you are entering a plea)  still
recorded as a plea of guilty
o X pleaded guilty to homicide. He didn’t
know that if he pleaded guilty, there won’t
be any hearing anymore. Can he withdraw
the improvident plea?
 Yes.
 CASE: People V. Documento – plea to rape, alleged that
there was no search inquiry
o The plea was accepted even if it was an
improvident plea
o RULE 1: But it was disregarded since there
was enough evidence to establish the
culpability of the accused then the judge
would not set aside the plea
 o RULE 2: If the sole basis of a conviction is an  Directly connected for an accused to know the nature of the
improvident plea and it reaches SC, then the accusation against him
SC will not make a decision but it will remand.  May last for an indefinite time
 When can it be withdrawn?  But if the witness is material witness (the victim herself)
o Any time before judgment of conviction especially in a rape case becomes insane, the case shall be
becomes final (after appeal) suspended.
 What are the further actions of the court in case of o 2. Prejudicial question
an improvident plea? o 3. Petition for review pending with DOJ
o If the sole basis of conviction is the  CASE: Adasa V. Abalos: dismissal of the DOJ of the information
improvident plea, it is remanded for further  What if the filing of petition for review happened
proceedings in the trial court. (Ex. the SC after arraignment?
sends it back to the RTC) o Petition shall be disregarded / moot and
o If the conviction is supported by other academic.
evidence, the SC will render judgment  What if the filing of the petition for review is ahead
o 2. Plea of non-guilty of the arraignment?
 A. Conditional plea o The arraignment will be suspended but the
 EXAMPLE: Plea of guilt is to a lesser offense, when suspension shall not exceed 60 days
you bargain for a lesser offense (plea-bargain)  How will the court know? Prosecutor have to file a
 EXAMPLE: Only enter plea of you include these motion to suspend the arraignment then the 60-day
This is not a plea of not guilty.
individuals Plea of guilt to a lesser offense IS A
period will begin to run (but it may even exceed 60
 What is this equivalent to? PLEA OF GUILT (but only to a lesser offense. days, may even if last for a year, lucky if you will have it
o It’s akin to a plea of not guilty It is an ADMISSION OF CRIMINAL in 6 months)
LIABILITY
 B. Refusal to enter a plea - when the information is read and  OP  information  COURT (information is here)
accused becomes silent  What if you cannot avoid arraignment anymore and
 The court assumes it’s not guilty the petition for review has been pending for a
 Can a representative enter a plea of not guilty? while?
o No. The accused must be the one to enter the o Once the court has jurisdiction, it is not bound
plea. by the findings of DOJ. The prosecutor may
 [Should the accused be present during withdraw or dismiss the information but the
promulgation of judgment?] court has discretion whether or not to dismiss
o Yes. the case.
o Is there an exception to this rule? o Before a judge can dismiss, the judge must
 Yes, for light offenses. The accused have an independent and personal assessment
can be represented. of the case (own judicial determination).
 C. Direct plea of not guilty – o 4. Pending incidents:
 D. Say guilty but present exculpatory evidence  A. Motion to quash
 EXAMPLE: Plea of self-defense  B. Motion for inhibition
 Conditional Arraignment in Sandiganbayan  C. Motion for bill of particulars
o Accused needs to travel therefore he must be arraigned subject to the  Bill of particulars – a complementary and more
resolution of the MR pending with OMB particularized document
 When is there suspension of arraignment? o Partner procedure: Rule 12
o 1. Accused suffers from unsound mental condition
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 o Particularize the accusation charged [identify
defects and the details desired] (e.g. two
offenses in one information)  not too
popular, ordinarily you do not use this since
you teach the prosecution what to do
 CASE: Virata V. Sandiganbayan
o What you will file is a motion of a bill of
particulars (Virata)
o The other party (Republic) shall file the bill of
particulars, they may APPEAR to comply but
they did not really answer the questions
imposed  Party may file Motion to Dismiss
(Virata)
o Court dismissed the case under to Rule 17, Sec.
3: Failure to comply with an order of the court
will result to the dismissal of the case
 Can there be a bill of particulars in a criminal case?
o Yes. Apply before enter of plea.
 What is required?
o Identify defects and details desired
Rule 117 – Motion to quash
 When do you file MTQ?
o Before entering plea [but file before arraignment]
 Form: Writing and Signed
 Why do you file motion to quash the information?
o 1. It is defective or REMEDY: AMENDMENT
o 2. The court has no jurisdiction.
 Differentiate from provisional dismissal:
o CASE: Los Banos V. Pedro – COMELEC Gun Ban
 MTQ – grounds are enumerated and this may lead to provisional
dismissal
 Filed before plea
 An information that is quashed remains to be quashed
until revival. But revival is not possible if:
o Quashed due to prescription
o Quashed due to double jeopardy
 P.D. – grounds are not enumerated
 Becomes permanent after lapse of time
 Filed at any time
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o In P.D., there is no questioning of the information, the prosecution shall file
the dismissal with the consent of the accused.
o It may be upon the motion of the prosecution, the accused or both
o Provisional Dismissal: any kind of dismissal and reasons are not
enumerated
 Example: witness of the prosecution is not available (but the
accused shall not agree because if the absence continues then the
accused’s right to speedy trial shall be violated)
 Example: material evidence is missing, victim is of unsound mind,
any reason as long as the accused agrees
o In fact, it is valid and charges a proper offense and the court has
jurisdiction over the SM and the person.
o Provisional dismissal is always with the consent of the accused.
o Who will ask for provisional dismissal? PROSECUTION WITH CONSENT
OF ACCUSED(needs consent) OR THE ACCUSED ALONE; ALSO NEEDS
NOTICE TO OFFENDED PARTY
 1. The prosecution
 With consent of accused
 If there is no consent of accused, is it a provisional
dismissal?
o No. A dismissal without the consent of the
accused would lead to double jeopardy
(obtains finality).
 2. Or the accused
 Is the prosecution’s consent required?
o No. Even without prosecution’s consent, it’s
still a provisional dismissal. As long as it
doesn’t pass the time leading to permanence.
o When can you ask for provisional dismissal?
 Any time.
 What is the effect of a grant of a MTQ?
o Dismissal of the case.
o Is it always dismissal?
 No. The court can order amendment. [No period provided.]
 Amendment is a remedy (substitution of information), but it has
a narrow application. It does not apply to all grounds.
 Can a case dismissed by a MTQ be re-filed?
o As a general rule, yes.
o It depends on the ground.
o When can it not be re-filed?
 1. Prescription
 2. Double jeopardy
 Can the prosecution file a MTQ?
o No, defense must file. The applicable remedy is substitution of
information.
 When a case is dismissed provisionally, what is the effect?
o The case is temporarily dismissed (provisional dismissal).
 Ex. “This case is dismissed for 30 days”
o It can be revived (don’t use “re-file” because the dismissal was just
provisional)
 For a dismissal to take effect in MTQ, do you need to wait for a lapse of time?
o There is still a period to seek a remedy after. Ex. You can file an MR.
o After this period, it can be re-filed. (Except for the two exceptional
grounds.)
 For a provisional dismissal to be permanent, what is the period required?
o Beyond 6 years  2 years without case having been revived
o 6 years or less  1 year without case having been revived
o CASE: PEOPLE V. LACSON
 When will this period begin to run? (LACSON: RECEIPT BY
PUBLIC PROSECUTOR)
 Sec. 8, Rule 117: Upon receipt of notice by the offended
party and express consent of the acused (given by the
code)
 But this has been supplemented by Lacson: Period can only start
upon receipt of notice by the public prosecutor
 Rationale: because it is the public prosecutor’s duty to
revive the case
 REMEDY on DISMISSAL OF MTQ: Not Rule 65, but to go on trial unless there is
GADALEJ (Lazarte)
 What are the grounds for a MTQ?
Problem as to form
o 1. Facts stated do not constitute an offense
 The elements of the offense are not there
 But is it possible that while not constituting an offense, you
can be liable for another offense? Can this be the proper
ground of a MTQ?
 It’s possible. This is not a ground for a MTQ.
 Ex. Charged with qualified theft, but relationship was
not alleged. You file a MTQ. The court can order an
amendment to show relationship. The court cannot
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
quash because there is an offense alleged in the
information. (one of the exceptions)
 Information can be amended or if dismissed, it can be
revived.
o 2. More than one offense was charged in the information
 How do you know if there is more than one offense?
 Exception: Complex Crimes
 Ex. murder – can you kill a person twice? No.
 Ex. rape – you can rape someone multiple times. For
instance X raped Y five times. How many
informations should you file?
o Five.
 What if ten checks bounced?
o Ten informations, because each is an offense
in its own.
o 3. Does not conform substantially to prescribed form
 Example: Information lacks subscription or must be in writing or
signed by the prosecutor or has certification
o 4. Officer who filed the information had no authority to do so.
 There was a case in the Sandiganbayan. There was a motion
for reinvestigation and it was granted. The Special
Prosecutor amended it and re-filed it. Can he do that?
 No. He has no authority; it is not within his powers.
 Ex. a Prosecutor with authority only extending to Bulacan cannot
file an information in Makati.
 If a State prosecutor [someone in DOJ, usually do not conduct
PI but only review PI of different offices] is appointed as
Acting city prosecutor, does he have authority to
approve/file the information prepared by the asst.
prosecutor?
 Yes as long as he is properly appointed by the DOJ.
Jurisdictional matter
o 5. Lack of jurisdiction over the person of the accused
 Accused has not voluntarily surrendered
 Or Accused not arrested
o 6. Lack of jurisdiction over the offense charged
 Venue is jurisdictional
 Jurisdiction is conferred by law, but the allegation in the
information determines the jurisdiction
Exculpatory matters o Motion to quash: (AMENDMENT FIRST BEFORE DENYING OR GRANTING)
 The court could only order amendment if it’s a defect that can be
o 7. Criminal liability has been extinguished by prescription corrected by such amendment.
 Recall that there is prescription of crimes and prescription of  UNLIKE in motion to dismiss, regardless of the ground,
penalties. the court has a free hand: can grant, deny, or order
 To which does this ground apply to? amendment.
 Prescription of crimes. In prescription of penalties,  Whereas here, the court has to order an amendment before
there is already a judgment. denying/granting, on some grounds.
o 8. Contains averments that if were true, would constitute a legal excuse or o Re: refiling
justification o Motion to dismiss:
 Ex. Self-defense  In general, it can be re-filed.
o 9. Double jeopardy  Except:
 What are the requisites?  1. Prescription
 1. Court of competent jurisdiction  2. Unenforceable under Statute of Frauds
 2. Valid information  3. Res judicata
 3. Plea  4. Extinguish of claim or demand (PWEA)
 4. Conviction, acquittal, or dismissal without express o Motion to quash:
consent of the accused  In general, it can be re-filed.
o (see exceptions DJ with consent: violation of  Except:
right to speedy trial and demurrer of  1. Prescription
evidence)  2. Double jeopardy
 What are examples of dismissal without the express consent o Re: objections not raised
of the accused? o Motion to dismiss:
 Ex. failure to prosecute  In general, grounds not raised are waived.
 What about motion to dismiss prompted by the accused on  Except for:
the ground of violation of right to speedy trial?  1. Lack of jurisdiction over the SUBJECT MATTER
 It is tantamount to an acquittal and thus leads to Double  2. Prescription
Jeopardy. This is an exception to the general rule  3. Litis pendentia
 What about a demurrer to evidence which is granted by the  4. Res judicata
court? o Motion to quash:
 It is also tantamount to an acquittal and thus leads to  In general, grounds not raised are waived.
Double Jeopardy. Another exception.  Except for:
 What about a motion for determination of probable cause  1. Lack of jurisdiction over the offense
filed by the accused and granted by the court?
 2. Prescription
 No, this is not an exception. There is no plea yet. There
 3. Does not constitute an offense
is no dismissal without express consent of the accused.
 4. Double jeopardy
 Compare motion to dismiss (civil procedure) from motion to quash (criminal
 When will double jeopardy not set in?
procedure).
o 1. When there is a supervening event.
o Re: court actions
 Event after arraignment or even after judgment.
o Motion to dismiss: (AMEND, GRANT OR DENY ARE THE INITIAL CHOICES
 Example: death resulted during the pendency
OUTRIGHT)
o 2. Facts constituting graver charge only were discovered after a plea was
 The court can grant, deny, or order an amendment
entered
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 Example: Root cause is the same, maybe a supervening event.
Tumultuous affray: it was later known who made the fatal blow
after plea
o 3. Plea of guilty to lesser offense was made without consent of public
prosecutor and notice to offended party (without these – it will be void)
 Exception?
 For purpose of plea bargaining, the private offended
party was notified but did not appear during
arraignment
 And the offense is necessarily included in the offense
charged
 When can there be consent of the accused but double jeopardy can set in?
o 1. Speedy trial
o 2. Demurrer to evidence
Rule 118 – Pre-trial
 What is the importance of pre-trial?
o CASE: OCA V. Espanol – pre-trial is mandatory both in civil and criminal
case
 Court cannot skip this pre-trial
 When must pre-trial happen?
o Within 30 days from the court acquiring jurisdiction over the person AND
after arraignment
 N.B. within the same 30 day period as arraignment
 N.B. but take note of the exception (3:10:10 rule) if the accused is
detained
 Can there be compromise (see notes under matters of expeditious trial)?
o Basic rule: you cannot compromise criminal action
o But you can compromise the civil aspect of the case
 But when you compromise the civil liability, it does not lead to
the dismissal of the criminal case
 What do you need?
 Affidavit of desistance by the offended party. This is as
to the civil aspect.
 The prosecution has to move for the dismissal of the case
o If the prosecution moves for dismissal, does double jeopardy set in?
 Check the requisites. If there is plea, double jeopardy sets in. If
there is none, double jeopardy will not.
 Can the admissions of the accused be used against him in the proceedings?
o Yes, if it is in writing and signed by the accused and his counsel.
 What is the rule for agreements entered into in the pre-trial conference?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o Same rule – reduced in writing and signed by both accused and counsel.
o What are these agreements / What happens during pre-trial?
 1. Plea bargaining
 Last chance to plea to a lesser offense
 2. Stipulation of facts
 Why do you want to stipulate? You want to do away
with proving the same so it will no longer subject to
controversy. You want to abbreviate the proceeding and
move faster.
 Limitations only but not admissions.
 You cannot be obliged or coerced to stipulate.
 3.[Preliminary] Marking of evidence
 Evidence that may be used against (e.g. drugs,
documents)  marking is only preliminary but not
really an evidence.
 Preliminary only because an evidence will only have
value during trial, only identified by witness and
authenticated during trial. No evidence may be accepted
/ considered unless it is authenticated.
 4. Waiver of objections to admissibility of evidence
 5. Modification of order of trial (lawful defense)
 Sec. 11 (e), Rule 119: interposing self-defense
 6. Matters that promote a fair and expeditious trial of the civil
and criminal aspects of the case
 The court can have a compromise agreement but only to
the civil aspect.
 Sec. 27, Rule 130: If you compromise in a criminal case,
it is an admission of liability
 Circular / Judicial Resolution: BP22, estafa, libel, quasi-
offenses, civil aspects of theft  ONLY TO THE CIVIL
ASPECTS ARE SETTLED.
o How do you do this?
 If parties agree to compromise, what
is settled is only the civil aspect and
the criminal aspect remains.
 If you have received the money, will
you still proceed with the case? NO.
That is why you issue an affidavit of
desistance [one of the elements of the
crime is missing].
 The affidavit of desistance shall be
filed in court. The witness shall be
 presented by the public prosecutor
and affirm that the witness is no
longer interested to pursue the case
and affirm voluntariness.
 IMPORTANT: Make sure you
coordinate also with the prosecutor
and not just the offended party
because the trial is under the
supervision and control of the
prosecutor. If the prosecutor,
continues with the case, just wait for
the witness not to appear until it is
dismissed with your consent because
of speedy trial [double jeopardy
attaches].
 If affidavit is accepted, the public
prosecutor MUST be the one to move
to dismiss for the double jeopardy to
attach, make sure the accused made
a plea of not guilty.
o What is required for these agreements?
 Must be approved by the court
 CASE: People V. Sunga
o Miranda rights are applicable also to the critical stages as pre-trial like
counsel).
 Absences and appearances:
o The rule of absences in pre-trial (in civil case) does not apply in criminal
cases.
o If the offended party is absent, the trial will proceed since the offended
party is only a complaining witness, the court can rely on compulsory
processes
o If the accused in absent despite notice and out on bail:
 1. There is forfeiture of bail
 2. There will be a warrant of his arrest
 [Distinguish cancellation from forfeiture of bail]:
 Cancellation –
o Voluntary surrender or death.
o It is automatically cancelled upon acquittal,
conviction, or dismissal of the case against him
without express consent of the accused.
 Forfeiture – failure to appear
 What is the procedure?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 The court will order the bondsman to produce the
accused within 30 days. If he fails to do so, the bail will
be forfeited.
 What is your remedy for forfeited bail?
 Appeal
 Is it mandatory?
o Yes. There is pre-trial before Clerk of Court (OCA V. Espanol)
 Can there be stipulations?
o Yes
 Can there be marking of documents?
o Yes
Rule 119 – Trial
 See speedy trial notes. VCO – vexatious, capricious and oppressive (based on
the case of People V. Hernandez)
o 30 DAYS: To arraign and do a pre-trial
 10 DAYS: if the accused is detained
o 80 DAYS: Interval between arraignment and trial
o 180 DAYS: For trial to conclude counting from the first day of trial
 When must trial commence?
o Within 30 days from receipt of Pre Trial Order [ a pre-trial order sets the
parameter of the trial, you need this before you can go to trial]
o What if there is an order for new trial?
 Within 30 days from notice of that order
 But if impractical, it can be extended up to 180 days from the
notice of the order
 Period to conclude trial?
o 180 days from first day of trial (unless authorized by the SC) – Section 2,
Rule 119
 Sec. 3 [Exclusions to the delay in which trial must commence]: reasons for the
extension of the trial
 What is the order of trial [Sec. 11]?
o 1. Prosecution
o 2. Defense
o [optional:]
o 3. Rebuttal
o 4. Surrebuttal
o 5. Submission of memoranda
o Are rebuttal and surrebuttal necessary?
 No. This is upon court’s discretion.
 Likewise, with submission of memoranda.
 o Can it be reversed?
 Yes, when there is self defense and other exculpatory defenses
 Discharge of the accused as state witness – requisites?
o 1. There is no direct evidence
 So for this, you have no one who can positively point to the
perpetrator.
 What is the opposite of direct evidence?
 Circumstantial evidence
o 2. There is absolute necessity for the evidence [the state doesn’t have a
witness]
o 3. Could be substantially corroborated in its material points [corroborative
evidence: different kind and character who can prove the same fact,
supported by other evidence]
o 4. Not the most guilty
o 5. Not convicted of a crime involving moral turpitude
 When can an application for discharge be made?
o PERIOD: Anytime before the prosecution rests its case [present evidence
and witness and file a formal offer of evidence (Rule 132, Sec.24: a list
of all the documents that you have marked as evidence and for the
purposes for which it is offered) – this is the triggering point]
o Nature of the Hearing:
 There will be
o What does the applicant need to do or submit?
 Submitting sworn affidavit
o What happens to the statement?
 Becomes part of the evidence of prosecution
o What happens to the accused?
 Becomes acquitted [even the civil liability is extinguished]
o If the application is denied, what happens to the statement?
 It’s inadmissible
 CASE: SALVANERA V. PEOPLE (state witnesses)
o There can be more than witness since the provision of the court since he
must not be the most guilty.
o Effect of an application of discharge is an ACQUITTAL.
o If denies application, will remain an accused and testimony made will be
inadmissible as evidence.
 Compare with requisites for discharge under Witness Protection Program [not
covered by RoC]?
o The requisites are the same.
o But the mode of application is different – you file it with the DOJ, not with
the court. (Yu v. RTC of Tagaytay)
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o An ordinary witness can point to the accused, he will still be liable unlike if
a state witness you are already acquitted even if you testify against your
co-conspirators.
o Does double jeopardy set in, if under WPP?
 No, because there is no plea. [unlike in Rule 119, arraignment and
plea is required]
 Only similar to an exclusion.
 So he can be prosecuted afterwards (!)
 When do you file a demurrer to evidence? [Salazar V. People]
o Civil – after plaintiff has completed presentation of evidence
o Criminal – after the prosecution rests
 Do you need leave of court?
o In criminal: you don’t need to, but there are serious consequences if you
do not secure leave.
 If you file with leave of court and it’s denied, the accused can still
present evidence
 If you file without leave of court and it’s denied, the accused will
not be able to present evidence [consequence of not filing a leave
of court]– there will be a judgment
o In civil: no need for leave of court, you can still present evidence relating
to civil case / civil aspect.
o N.B. demurrer in criminal case on the court’s own initiative (motu propio)
after giving prosecution chance to be heard is allowed
 When do you file motion for demurrer in criminal case?
o 1. Non-extendible period of 5 days from prosecution resting its case
o And then?
 Prosecution can oppose the motion in non-extendible period of 5
days from receipt
o And then?
 If leave is granted, accused has non-extendible period of 10 days
from notice to file the demurrer
 Prosecution can oppose the demurrer in non-extendible period of
10 days from receipt
 In criminal cases, if the demurrer is denied, can you file a petition for
certiorari?
o No. You cannot file a petition for certiorari. You have to wait for judgment.
 What’s the effect of a grant of demurrer in a civil case?
o It’s a final disposition of the case.
o In a criminal case?
 It’s a dismissal. It amounts to an acquittal. (also exception to
the double jeopardy – Salazar V. Tamayo)
 o If the demurrer is granted and the accused is acquitted, can the  JUDGMENT: final resolution of the court of the case, final adjudication of the merits
accused adduce evidence on the civil aspect of the case? of the case [a resolution of incident, if the case is still active, any decision that is
 Despite the acquittal, the court can still hear the case as to the made while the case is still active  interlocutory order]
civil aspect, unless there is a declaration that the fact from which  ENTRY OF JUDGMENT: once final and executory, the judgment is recorded / entry
the civil liability would arise does not exist. into the book of judgments that the judgment is final and executory. Formalizes the
 So if the accused was not able to present evidence in the civil defeat, only the dispositive portion is entered.
aspect, it is a void judgment.  Who renders the judgment?
 REMEDY FOR DENIAL OF DEMURRER: You cannot apply for certiorari or appeal is o The judge (period he remains in authority) or if absent, the clerk of court.
not a remedy until final judgment. [Take note of Rule 33] o You can release the judgment even if the judge is promoted.
 Recall: Exclusions to the 180-day rule for trial to finish from its first day.  What should a judgment contain?
 When can the court grant a continuance [postponement]? o 1. Offense you have committed
o N.B. correlate with last ground for exclusions o 2. Penalty to be imposed
o 1. Consider w/n it will lead to a miscarriage of justice o 3. Participation, whether principal, accomplice, accessory
 So this can include the civil procedure grounds (ex. unavailability o 4. Aggravating or mitigating circumstances
of material evidence or sickness/absence of party or counsel) o 5. If acquitted, whether:
o 2. The issues in the case are so novel, unusual, and complex that it requires  Complete non-liability
more time to prepare  Reasonable doubt
 NOTE: Check discussion in Rule 115 for Conditional examination of witnesses (Sec.  Or if the facts from which the civil liability might rise from
12, 13 and 15) were not committed
PROSECUTION (Requirement for ACCUSED (Requirement for  Does the prosecution have remedy against an acquittal?
Conditional Examination) – Rule 12, Conditional Examination) – Rule 15 o Note than an acquittal is immediately executory.
13 o But if there is GADALEJ (P v. Hernandez) – you can file for certiorari
Sick or Infirmity Sick or Infirm  Before you challenge an acquittal this way, you have to secure
Witness is about to DEPART Unavailable because resides 100km
consent of the Solicitor General
away from the place of trial
EXAMINATION: bring the witness where EXAMINATION: bring it to any judge,  And this is only for exceptional circumstances
the action is pending – not claim any inferior court if directed by the  How do you promulgate judgment?
liberality, should be the accused who Supreme Court, any member of the bar o The accused should be present during promulgation (reason why there is a
can claim this in good standing notice of promulgation). The CLERK OF COURT reads the judgment.
 CASE: MANGUERRA V. RISOS: Can you take a DEPOSITION (proceeding in court but  Except if it is a light offense
more relaxed, since it is not a real trial) ANS: NOT Rule 23 (deposition pending  Or else he forfeits his remedies
action)  PROPER provision Sec. 15 or Rule 119 (Examination of witness for the o If the judge is absent, the clerk of court may promulgate but in practice this
prosecution) is NOT DONE.
 When can the testimony of a discharged witness be disregarded? o There is a period – within 15 days from promulgation of judgment – within
o ONLY when he deliberately fails to testify truthfully in court this period he has to explain why he was absent.
 Can there be a reopening of a case? o If he is in jail, to whom is the notice served?
o Yes, anytime before finality of conviction, the court may motu propio or  The warden
upon motion (with hearing) reopen the hearing to avoid miscarriage of o If he is out on bail?
justice  The bondsman
o How long before the proceedings terminate? o If he is at large?
 30 days from granting  Notice sent to last known address
 Is there promulgation in appellate courts?
Rule 120 – Judgments o Yes.
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 o When duly certified by the division, and then forwarded to the clerk of  Can you file MNT in the CA?
court, who will give notice of promulgation on paper o Yes
 CASE: Consulta V. People: the case filed was robbery but was convicted of grave o What ground – in CA?
coercion  Newly discovered evidence only
o Sec. 5, Rule 120: The offense includes or is necessarily in the offense o What is the period?
charged – you can still be convicted.  From perfection of appeal until the court loses jurisdiction
 Can a judgment be modified?  Can you file MR in the CA?
o Yes, before it is final and executory [there will be no contests]. o Yes, but just one.
o A judgment is immutable and unalternable [unless for clerical errors, a null
judgment] once a judgment has become final. Ordinary appeal

Rule 121-5 – Remedies (NT/MR/Appeals)  MTC  (notice of appeal filed with MTC, within 15 days)  appeal to RTC
o Notice of Appeal: states when you received the decision and you are to pay
 New Rule on DNA: there can be DNA examination even after conviction (but not a docket fees within the reglementary period. [very short]
long period of time after judgement)  RTC (original jurisdiction)  (notice of appeal filed with RTC, for offenses with a
o If found innocent, then file a petition for habeas corpus. penalty exceeding 6 years but not D,L,RP)  appeal to CA (file appellant’s brief
 Is there a record of appeal on criminal cases? within a period of 30 days, appellee’s brief within 30 days, 20 days to file reply
o No. brief)
 Is there ordinary appeal (notice of appeal)?  MTC  RTC (appellate court, not retry the case but only require party to submit
o Yes. memorandum or briefs within 15 days)
 Who may appeal in a criminal case?
MR/MNT o Any party may appeal, unless it would place the accused in double
jeopardy
 When? o Parties:
o 15 days  1. Accused
o Is Neypes applicable (fresh period rule)?
 A statutory right, and affirmed in the ROC
 Yes.
 2. Offended party
 But prefer not to use in criminal cases unless court categorically
 3. People of the Philippines
accepts the same.
 When may the private offended party appeal?
 Grounds for MNT?
o Only as regards the civil aspect of the case
o 1. Errors of law/irregularities prejudicing substantive rights of accused
 Ex. Did not have a finding of civil liability, did not order
during trial
restoration, etc.
o 2. Newly discovered evidence
o This does not place the accused in double jeopardy.
 Material
 When may the people appeal?
 Could not have been discovered with reasonable diligence
o See sample question: A person is charged with rape in the information.
 Would probably change judgment
Counsel for accused filed a motion to quash for lack of J over the offense
o How long does the court have to commence a new trial from the order
charged. The motion is granted. What is the effect?
granting an MNT?
 Dismissal of the case.
 30 days from the notice of such order
o Can the State appeal?
 Extendable up to 180 days from notice, if the period is
 Yes. Because double jeopardy has not yet set in. You file the MTQ
impractical
before arraignment.
 Ground for MR?
o 1. Errors of law or fact requiring no further proceedings
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 In appeals in civil cases, when a party appeals, only such assignment of errors
that he made in the appeal will be taken up by the court. The appellate court
cannot go beyond this assignment of errors. In criminal cases, when the accused
appeals from his conviction, he throws open the entire case for review. He will
not be limited to the assignment of errors in the appeal brief.
o Significance: the penalty imposed, instead of being lowered or cancelled, it
can be increased.
 In the case of several accused, where some appealed and some didn’t, what is
the rule?
o Appeal made by one party does not affect those who did not appeal.
o Except if it ends up being beneficial.
 What happens to the decision?
o The decision is stayed until appeal is not yet completed.
 Criminal: X was charged with acts of lasciviousness (within MTC jurisdiction).
MTC renders judgment. Who reviews it?
o RTC, through notice of appeal filed with the MTC. (RULE 122)
o Compare/contrast with Civil:
 MTC  RTC, through notice of appeal. (RULE 40)
 Or MTC  RTC, through record of appeal (not available in
criminal cases)
 What is the procedure in the RTC for criminal cases, when acting as appellate
court?
o Parties submit their memoranda (Rule 122, Sec 9)
o Compare/contrast with Civil:
 Same. Parties submit memoranda.
 Criminal: Court of original jurisdiction is the RTC, and he was convicted for
homicide. Appeal?
o Go to the Court of Appeals, through Notice of appeal filed with the RTC.
o Compare/contrast with RTC in civil action:
 Go to the CA, through Notice of appeal filed with RTC. OR file a
record of appeal.
 So still the same.
o What is the procedure followed by the CA in criminal cases?
 File appellant’s brief (Rule 124), within 30 days
 File appellee’s brief, within 30 days
 Reply brief, within 20 days
o Compare/contrast with civil cases:
 45/45/20 days
Petition for review
 How does it reach the CA on petition for review?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
o If the original case was filed in the MTC.
o MTC  RTC (as appellate court)  (files petition for review in CA within
15 days – can be granted an extension, Sec. 3 Rule 124) CA
 What about civil cases?
o Found in Rule 42.
o Still MTC  RTC  CA
 Criminal: Review by the Supreme Court, if the penalty is not punished by
death, life, or reclusion perpetua: from where should it come from? – Petition
for Review on Certiorari (Rule 125, Section 2 in relation to Rule 45, Sec. 9)
o From the CA or the SB only
o Use Rule 45, Sec. 9, whether civil or criminal. Again, the general rule is
that you cannot go up to the SC except through petition for review on
certiorari.
o Rule 46 / RULE 56 : Original cases
o In civil, from where can you come from?
 RTC, CA, SB, CTA en banc, etc.
 RTC, penalty is death, based on the law (although it cannot be implemented).
How do you appeal?
o There is automatic review to the Court of Appeals, even in the absence of a
notice of appeal. (Sec. 13, Rule 124 based on the case of People V. Mateo
because of too many death penalties)
o CA does an intermediate review.
o The case is with the CA. What can the CA do?
 If it finds for death again, it can render judgment but not enter it.
[intermediate review]
o What happens after?
 The CA will certify the case to the SC. SC shall review.
 The penalty is life/RP. Is it covered by automatic review?
o No. You need notice of appeal with RTC.  CA
o The Court of Appeals found in favor of life/RP. Can it render and
enter a decision?
 Yes, they can enter the same in the dockets.
o How do you appeal this?
 This is the singular instance where you file a NOTICE OF
APPEAL with the Court of Appeals to go up to the SC. (Rule 124,
Sec. 32)
 Anything less than D, L, RP will go up to SC by petition for review
on certiorari.
Sandiganbayan
 What if the penalty is less than death/life/RP, whether original or on appeal?
 o Rule 45 to SC
o [Note that the CA and SB are same level courts]
 What if the penalty is death?
o Automatic review to SC
 What if the penalty is life/RP?
o Notice of appeal to SC (like in the CA)
General provisions
 Can there be a valid judgment even if the judge who rendered the judgment
was not the same one who heard the case?
o Yes.
 Logrida v. P: Rule 122, Sec. 11 provides: even if an accused did not appeal when
there are multiple accused, and there is a favorable judgment, it could benefit the
non-appealing accused.
o However, in this case, the accused invoking this provision actually filed an
appeal, but it was dismissed due to a technicality.
 When is as appeal deemed to be abandoned?
o When the accused jumps bail, escapes, or fails to file an appellant’s brief.
 Counsel-de-officio:
o The general rule is the accused is given the choice to retain a counsel de
parte (of his choice)
o If he cannot afford one, the court appoints a counsel de officio
o One can be appointed during arraignment, or for the rest of the trial.
o Can a counsel de officio be named in the Court of Appeals?
 Yes, when the accused signed his own appeal. Also, when he was
not assisted by counsel.
o Can the SC appoint a counsel de officio for the accused?
 Yes, the SC can, but this is not provided for in the rules.
Sample scenarios
 Seduction – what court has jurisdiction?
o File in MTC (since MTC cut-off is 6 years)
o Appeal – to RTC which has territorial jurisdiction.
 Notice of appeal
 Records of MTC elevated to RTC, no new trial. Parties are
required to submit memoranda.
 Rule 42
o Appeal again – to CA
 Regardless of the question involved, because RTC was exercising
appellate jurisdiction
o Appeal again – to SC
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 Rule 45 only (pure questions of law)
 Estafa
o File in RTC, performing original jurisdiction
o Appeal –
 Questions of fact and mixed questions, go to CA
 Pure questions of law, go to SC
o If you go to SC, what mode?
 Rule 45
o If you go to the CA, what mode?
 Ordinary appeal, Rule 41
 RTC sentences accused to RP or LI. What is the remedy?
o Notice of appeal to CA, Rule 41
o What issues can you raise?
 Facts, or Mixed
o If your questions are just purely legal, are you prevented from raising it to
the SC via Rule 45?
 No you are not. There is nothing the rules preventing you from
doing so.
 RTC imposes penalty of RP or LI. The CA affirmed. Your MR is denied. What is your
remedy?
o Go to the SC, under Notice of Appeal
o This is the exception
o Purpose: so you raise both questions of law and fact
 Where appealed cases from Sandiganbayan go?
o SB (= CA)  SC (Rule 45)
o SB (reclusion perpetua or LI)  SC (notice of appeal)
o Note: there can still be certiorari (Rule 65) for instances, such as when the
prosecution was deprived its day in court
 Does the Rule 41 provision which enumerates what cannot be appealed apply
suppletorily to criminal appeals?
o No.
o Resolution on MTQ is thus appealable regardless of the ground availed of
(because it is a final order)
o If the basis of MTQ is prescription of the offense or double jeopardy  if
this is granted by the TC, this means that the prosecution cannot simply
refile it. There is no problem here, so remedy is appeal.
o The only issue is when the MTQ is based on grounds like alleging multiple
offenses or lack of J of the court, which can be cured by refiling in a
different court  the losing party can still challenge it in an appeal!
 Because as highlighted above, the Rule 41 prohibition does not
translate to criminal procedure
 Practitioner-type question: If as prosecutor, your complaint was dismissed
under Rule 117 Sec 3 (5) – did not comply with proper form. What is the
better remedy to choose: certiorari or appeal (since this is allowed too)?
o N.B. If this were a civil case, the obvious remedy is re-file or certiorari
under Rule 65, since appeal does not vest.
o In a criminal case, you have to choose appeal because certiorari cannot
vest if there is a plain, speedy, available remedy.
o But sir left this issue hanging. “It’s not yet clear cut.”
Rule 126 – Searches and seizures
 Sec. 2: Search warrant applied only where the crime committed unless there is
compelling reason but within the judicial region.
 How long is the life of the search warrant?
o 10 days from date of issue, and then void (dies a natural death)
 What can be the personal property subject to search and seizure?
o 1. Subject of offense
o 2. Stolen or embezzled, or fruits of the offense
o 3. Used or intended to be used as means to commit offense
o The search warrant said “an undetermined amount of shabu.” The
original case was for marijuana. Will this be enough for the police
officers to conduct a search?
 Yes, even if the amount was not specified. What is required is
that the object of the search be described with particularity.
Quantity is not required.
o The police officer was armed with a search warrant. But before
implement or enforcing it, on plain view, he saw illegal firearms. Can
there be a valid search?
 Yes. Plain view exception applies, even if there is a search
warrant.
 Where could you apply for a search warrant?
o 1. You apply to the court, following the rule on territoriality.
o 2. For compelling reasons, any court within judicial region where the
crime was committed or any court within judicial region where warrant
shall be enforced
o What can be a compelling reason?
 It’s a question of fact, but an example is when he is a public
officer of that locality and there is doubt that a search warrant
can be properly applied for.
o N.B. But if there is already a criminal action, file it in the court where the
action is pending
o Is application for a search warrant a criminal action?
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 No. It is a special judicial process.
o Can it become one?
 No. You need information because the application for a search
warrant will not evolve into one.
 Where do you file for quashal of search warrant?
o In the court wherein it was applied for if there is no case yet
o If there is a case, in the court where the case is pending
 Who determines probable cause for search warrants?
o The judge. Not the prosecutor.
o Wherelse is probable cause required, apart from application for
search warrant?
 1. Preliminary investigation
 2. Rule 113, warrantless arrest (personal knowledge that crime
has been committed)
 3. Warrant of arrest
 4. Search and seizure
o What is required for the judge to do?
 Personal examination and determination by the judge of the
complainant/applicant and witnesses. (needed for search
warrants)
 It does not involve mere submission of affidavits.
 Give an example of a search based on a warrant, where the place is described
with particularity.
o Chan V. Honda Motors: issuance of a probable cause and particularly
describing.
o Ex. if it’s an apartment, you give the number of the apartment.
o What if it’s a stretch of apartments, and what was indicated is
apartment B, but what was searched was apartment C. Was there a
valid search?
 No.
o But was the search warrant valid?
 Yes. The search warrant can be valid, but the implementation
was invalid.
o There were illegal items seized from apartment C. How can you
prevent these goods from being used in a criminal trial?
 Motion to suppress.
o Differentiate motion to quash from motion to suppress.
 Motion to quash is before implementation of the search warrant
not after the goods are seized.
 Motion to suppress is after implementation and before
presentation in court.
 o What if there is no way to describe with particularity the place, esp.  1. Dangerous Drugs Law,
when it is a province?  2. Intellectual Property code,
 It’s possible to say “kilometer 30.” But this can’t apply for cities  3. illegal possession of firearms,
or municipalities.  4. illegal gambling,
 To whom must a search warrant be served?  5. Heinous crimes,
o The lawful occupant.  6. Anti Money Laundering Act,
o In the absence of the lawful occupant?  7. Violation of tariff and customs code.
 To a relative. o You (PNP or NBI) have to apply before an executive judge before the City
o In the absence of the occupant or relative? of Manila or Quezon City. This will be effective anywhere in the
 To two witnesses of sufficient age and discretion residing in that Philippines.
locality.  Re: Seizure of fake goods (ex. fake Adidas) – What is the role of the private
 When the items are seized, to whom must the receipt be given? party?
o To the lawful occupant or relative o The private party can submit documents and pleadings to support the
o If there are two witnesses, the receipt will be left in the premises where application of the NBI.
they were seized  The place of manufacture of the fake goods is in Cavite, and place of sale is in
 When can it be conducted? San Juan. Where do you apply?
o The warrant must provide that search is in day time o Either place.
o N.B. Unless affidavit asserts the property is on the person or place ordered
to be searched, in which case, it is day or night Rule 127 – Provisional remedies
 What is the duty of the officer after the search?
 Rules 57 – 61: provisional remedies in civil cases.
o He should present an inventory of the items. Failure to submit inventory
makes him liable for contempt.  What is the general rule?
o Provisional remedies in civil procedure are applicable to criminal
 Dangerous Drugs Law: what are the special rules? (See: Quinicot V. People)
procedure.
o The inventory must be made at the scene of the crime. (For normal crimes,
it can be done in court or police station or wherever.)  What about replevin?
o If you can establish the authenticity then there is no need comply strictly o Does not apply because it can only be filed before an answer, but in a
of chain of custody rule. criminal case, there is no answer.
o The person must make a physical science report to track the chain of  What are the grounds for attachment in criminal cases?
custody. o 1. The accused is about to abscond or depart with intent to defraud
o With representatives of media and DOJ. Two witnesses of credibility o 2. Claim for money or property that has been embezzled with abuse of
residing with the community. trust (estafa)
 Witness rule applies only if there is a search warrant in a room / o 3. Accused resides outside the Philippines
house / premises in the case of Quinicot, it was a buy-bust o 4. Accused has concealed/removed/disposed his property
operation.
Situation Period Remarks
 What is the rule as to search and arrest?
PRELIMINARY
o The general rule is that the arrest must come before the search and INVESTIGATION
seizure. Filing of complaint *start of criminal
o Or, the search and seizure must be contemporaneous to arrest. procedure*
 If you apply for a search warrant in QC, can it be applied outside of the Initial action of Within 10 days from Either dismissing or
territorial jurisdiction? (Marimla V. People, SC Circular) prosecutor (no PI) filing of complaint prosper
o As a general rule, no. Initial action of Within 10 days from Dismiss case or issue
prosecutor (with PI) filing of complaint subpoena to respondent
o But allowed as an exception for violations of:
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 Respondent submits Within 10 days from If respondent cannot be Suspension of Maximum 60 days from
counter-affidavit receipt of subpoena subpoenaed or did not arraignment due to filing of petition
submit counter-affidavit petition for review filed
within 10 days, with Sec. of DOJ
prosecutor resolves Filing of motion to Any time before he is
based on complaint quash arraigned
alone
Clarificatory hearing Within 10 days from (Optional) TRIAL
submission of counter- Time for accused to At least 15 days from
affidavits prepare for trial plea of not guilty
Termination of Within 5 days from first Commencement of trial Within 30 days from
clarificatory hearing hearing receipt of pre-trial order
Resolution Within 10 days after Commencement of trial Within 30 days from Allow extension up to
investigation after MNT granted notice of the order 180 days, by the court
Forward record of case Within 5 days from Entire trial period Maximum 180 days
to provincial or city resolution from first day of trial
prosecutor or Exclusion from 180 day Maximum 30 days
OMB/deputy limit of delay due to pre-
Action by the provincial Within 10 days from Can: a) dismiss or b) file trial proceedings or
or city prosecutor or receipt information period in which accused
OMB/deputy is actually under
Judge determines Within 10 days from If judge doubts advisement
probable cause filing of information or existence of probable Examination of witness Order by court (upon Before a judge, member
complaint cause, he may opt to: for defense (aka modes application of accused) of bar in good standing,
Prosecutor to present Within 5 days from The 10 days to of discovery for criminal issued at least 3 days or inferior court
additional evidence notice determine extends to 30 action) before the examination
upon judicial order days Leave of court to file Within 5 days after Non-extendible
(Post inquest) Filing of Within 5 days from the demurrer to evidence prosecution rests its
complaint or time he learns of its case
information in court filing Opposition by Within 5 days from Non-extendible
without preliminary prosecution to the receipt of the motion
investigation – accused motion
may ask for preliminary After being granted Within 10 days from Non-extendible
investigation leave, filing of demurrer notice
to evidence
ARRAIGNMENT and Reopening of trial to Anytime before finality Terminate proceedings
PRE-TRIAL avoid miscarriage of of conviction within 30 days from
Arraignment of person Within 30 days from This same period must justice order granting it
not under preventive date court acquires cover pre-trial
detention jurisdiction over him JUDGMENT, REMEDIES
Arraignment of person Raffled within 3 days Remember the 3:10:10 Surrender of convicted Within 15 days from Surrender and file
under preventive from filing of rule accused, after initially promulgation of motion to avail of post-
detention information or failing to appear in judgment judgment remedies
complaint; promulgation of (because these will not
Arraigned within 10 judgment avail anymore)
days from date of raffle; Availing of post- Within 15 days from
Pre-trial within 10 days judgment remedies of notice, after proving
from arraignment above-stated person justifiable reasons for
Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)
 non-appearance

Appeal from judgment *follow usual periods in

appeal
Submission of Within 30 days of
appellant’s brief receipt of notice from
clerk of transmittal of
evidence
Submission of appellee’s
brief

Tuazon Notes
mod. 2012 lectures of Atty. T. Salvador (by JJMEstremadura)