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Section 1. Institution of ciiminal actions.- Ciiminal actions shall be instituteu as follows:
(a) Foi offenses wheie a pieliminaiy investigation is iequiieu puisuant to section 1 of Rule 112, by filing the
complaint with the piopei officei foi the puipose of conuucting the iequisite pieliminaiy investigation.
(b) Foi all othei offenses, by filing the complaint oi infoimation uiiectly with the Nunicipal Tiial Couits anu
Nunicipal Ciicuit Tiial Couits, oi the complaint with the office of the piosecutoi. In Nanila anu othei chaiteieu
cities, the complaints shall be fileu with the office of the piosecutoi unless otheiwise pioviueu in theii chaiteis.
The institution of the ciiminal action shall inteiiupt the iunning of the peiiou of piesciiption of the offense
chaigeu unless otheiwise pioviueu in special laws.
Sec. 2. The complaint oi infoimation - The complaint oi infoimation shall be in wiiting, in the name of the People
of the Philippines anu against all peisons who appeai to be iesponsible foi the offense involveu.

Sec. S. Complaint uefineu. - A complaint is a swoin wiitten statement chaiging a peison with an offense,
subsciibeu by the offenueu paity, any peace officei, oi othei public officei chaigeu with the enfoicement of the law
violateu.

Sec. 4. Infoimation uefineu. - An infoimation is an accusation in wiiting chaiging a peison with an offense,
subsciibeu by the piosecutoi anu fileu with the couit.

Sec. S. Who must piosecute ciiminal actions. - All ciiminal actions commenceu by a complaint oi infoimation
shall be piosecuteu unuei the uiiection anu contiol of the piosecutoi. Bowevei, in Nunicipal Tiial Couits oi
Nunicipal Ciicuit Tiial Couits when the piosecutoi assigneu theieto oi to the case is not available, the offenueu
paity, any peace officei, oi public officei chaigeu with the enfoicement of the law violateu may piosecute the case.
This authoiity shall cease upon actual inteivention of the piosecutoi oi upon elevation of the case to the Regional
Tiial Couit.(Reau A.N. N0. u2-2-u7-SC |Effective Nay u1, 2uu2j Latest Amenuments to Section S, Rule 11u of the
Reviseu Rules of Ciiminal Pioceuuie which pioviues: "Section S. Who must piosecute ciiminal action. - All ciiminal
actions eithei commenceu by complaint oi by infoimation shall be piosecuteu unuei the uiiection anu contiol of a
public piosecutoi. In case of heavy woik scheuule of the public piosecutoi oi in the event of lack of public
piosecutois, the piivate piosecutoi may be authoiizeu in wiiting by the Chief of the Piosecution 0ffice oi the
Regional State Piosecutoi to piosecute the case subject to the appioval of the couit. 0nce so authoiizeu to
piosecute the ciiminal action, the piivate piosecutoi shall continue to piosecute the case up to enu of the tiial even
in the absence of a public piosecutoi, unless the authoiity is ievokeu oi otheiwise withuiawn. x x x .").
The ciimes of auulteiy anu concubinage shall not be piosecuteu except upon a complaint fileu by the offenueu
spouse. The offenueu paity cannot institute ciiminal piosecution without incluuing the guilty paities, if both aie
alive, noi, in any case, if the offenueu paity has consenteu to the offense oi paiuoneu the offenueis.
The offenses of seuuction, abuuction anu acts of lasciviousness shall not be piosecuteu upon a complaint fileu by
the offenueu paity of hei paients, gianupaients oi guaiuian, noi, in any case, if the offenuei has been expiessly
paiuoneu by any of them. If the offenueu paity uies oi becomes incapacitateu befoie she can file the complaint, anu
she has no known paients, gianupaients oi guaiuian, the State shall initiate the ciiminal action in hei behalf.
The offenueu paity, even if a minoi, has the iight to initiate the piosecution of the offenses of seuuction,
abuuction anu acts of lasciviousness inuepenuently of hei paients, gianupaients, oi guaiuian, unless she is
incompetent oi incapable of uoing so. Wheie the offenueu paity, who is a minoi, fails to file the complaint, hei
paients, gianupaients, oi guaiuian may file the same. The iight to file the action gianteu to paients, gianupaients,
oi guaiuian shall be exclusive of all othei peisons anu shall be exeiciseu successively in the oiuei heiein pioviueu,
except as stateu in the pieceuing paiagiaph.
No ciiminal action foi uefamation which consists in the imputation of any of the offenses mentioneu above shall
be biought except at the instance of anu upon complaint fileu by the offenueu paity.
The piosecution foi violation of special laws shall be goveineu by the piovision theieof.

Sec. 6. Sufficiency of complaint oi infoimation. - A complaint oi infoimation is sufficient if it states the name of the
accuseu; the uesignation of the offense given by the statute; the acts oi omissions complaineu of as constituting the
offense; the name of the offenueu paity; the appioximate uate of the commission of the offense; anu the place
wheie the offense was committeu.
When an offense is committeu by moie than one peison, all of them shall be incluueu in the complaint oi
infoimation.

Sec. 7. Name of the accuseu. - The complaint oi infoimation must state the name anu suiname of the accuseu oi
any appellation oi nickname by which he has been oi is known. If his name cannot be asceitaineu, he must be
uesciibeu unuei a fictitious name with a statement that his tiue name is unknown.
If the tiue name of the accuseu is theieaftei uiscloseu by him oi appeais in some othei mannei to the couit, such
tiue name shall be inseiteu in the complaint oi infoimation anu iecoiu.

Sec. 8. Besignation of the offense. - The complaint oi infoimation shall state the uesignation of the offense given
by the statute, avei the acts oi omissions constituting the offense, anu specify its qualifying anu aggiavating
ciicumstances. If theie is no uesignation of the offense, iefeience shall be maue to the section oi subsection of the
statute punishing it.

Sec. 9. Cause of the accusation. - The acts oi omissions complaineu of as constituting the offense anu the
qualifying anu aggiavating ciicumstances must be stateu in oiuinaiy anu concise language anu not necessaiily in
the language useu in the statute but in teims sufficient to enable a peison of common unueistanuing to know what
offense is being chaigeu as well as its qualifying anu aggiavating ciicumstance anu foi the couit to pionounce
juugment.

Sec. 1u. Place of commission of the offense. - The complaint oi infoimation is sufficient if it can be unueistoou
fiom its allegations that the offense was committeu oi some of its essential ingieuients occuiieu at some place
within the juiisuiction of the couit, unless the paiticulai place wheie it was committeu constitutes an essential
element of the offense chaigeu oi is necessaiy foi its iuentification.

Sec. 11. Bate of commission of the offense. - It is not necessaiy to state in the complaint oi infoimation the
piecise uate the offense was committeu except when it is a mateiial ingieuient of the offense. The offense may be
allegeu to have been committeu on a uate as neai as possible to the actual uate of its commission.

Sec. 12. Name of the offenueu paity. - The complaint oi infoimation must state the name anu suiname of the
peison against whom oi against whose piopeity the offense was committeu, oi any appellation oi nickname by
which such peison has been oi is known. If theie is no bettei way of iuentifying him, he must be uesciibeu unuei a
fictitious name.
(a) In offenses against piopeity, if the name of the offenueu paity is unknown, the piopeity must be uesciibeu with
such paiticulaiity as to piopeily iuentify the offense chaigeu.
(b) If the tiue name of the peison against whom oi against whose piopeity the offense was committeu is theieaftei
uiscloseu oi asceitaineu, the couit must cause such tiue name to be inseiteu in the complaint oi infoimation anu
the iecoiu.
(c) If the offenueu paity is a juiiuical peison, it is sufficient to state its name, oi any name oi uesignation by which
it is known oi by which it may be iuentifieu, without neeu of aveiiing that it is a juiiuical peison oi that it is
oiganizeu in accoiuance with law.
Sec. 1S. Buplicity of the offense. - A complaint oi infoimation must chaige only one offense, except when the law
piesciibes a single punishment foi vaiious offenses.
Sec. 14. Amenument oi substitution. - A complaint oi infoimation may be amenueu, in foim oi in substance,
without leave of couit anu when it can be uone without causing piejuuice to the iights of the accuseu.
Bowevei, any amenument befoie plea, which uowngiaues the natuie of the offense chaigeu in oi excluues any
accuseu fiom the complaint oi infoimation, can be maue only upon motion by the piosecutoi, with notice to the
offenueu paity anu with leave of couit. The couit shall state its ieasons in iesolving the motion anu copies of its
oiuei shall be fuinisheu all paities, especially the offenueu paity.
If it appeais at anytime befoie juugment that a mistake has been maue in chaiging the piopei offense, the couit
shall uismiss the oiiginal complaint oi infoimation upon the filing of a new one chaiging the piopei offense in
accoiuance with section 19, Rule 119, pioviueu the accuseu shall not be placeu in uouble jeopaiuy. The couit may
iequiie the witnesses to give bail foi theii appeaiance at the tiial.

Sec. 1S. Place wheie action is to be instituteu. - (a) Subject to existing laws, the ciiminal action shall be instituteu
anu tiieu in the couit of the municipality oi teiiitoiy wheie the offense was committeu oi wheie any of its essential
ingieuients occuiieu.
(b) Wheie an offense is committeu in a tiain, aiiciaft, oi othei public oi piivate vehicle in the couise of its tiip,
the ciiminal action shall be instituteu anu tiieu in the couit of any municipality oi teiiitoiy wheie such tiain,
aiiciaft, oi othei vehicle passeu uuiing its tiip, incluuing the place of its uepaituie anu aiiival.
(c) Wheie an offense is committeu on boaiu a vessel in the couise of its voyage, the ciiminal action shall be
instituteu anu tiieu in the couit of the fiist poit of entiy oi of any municipality oi teiiitoiy wheie the vessel passeu
uuiing such voyage, subject to the geneially accepteu piinciples of inteinational law.
(u) Ciimes committeu outsiue the Philippines but punishable unuei Aiticle 2 of the Reviseu Penal Coue shall be
cognizable by the couit wheie the ciiminal action is fiist fileu.

Sec. 16. Inteivention of the offenueu paity in ciiminal action. - Wheie the civil action foi iecoveiy of civil liability
is instituteu in the ciiminal action puisuant to Rule 111, the offenueu paity may inteivene by counsel in the
piosecution of the offense.
%*+#$444$6$2%,(#.*!',0$,-$.'&'+$1.!',0

Section 1. Institution of ciiminal anu civil actions. - (a) When a ciiminal action is instituteu, the civil action foi
the iecoveiy of civil liability aiising fiom the offense chaigeu shall be ueemeu instituteu with the ciiminal action
unless the offenueu paity waives the civil action, ieseives the iight to institute it sepaiately oi institutes the civil
action piioi to the ciiminal action.
The ieseivation of the iight to institute sepaiately the civil action shall be maue befoie the piosecution staits
piesenting its eviuence anu unuei ciicumstances affoiuing the offenueu paity a ieasonable oppoitunity to make
such ieseivation.
When the offenueu paity seeks to enfoice civil liability against the accuseu by way of moial, nominal, tempeiate,
oi exemplaiy uamages without specifying the amount theieof in the complaint oi infoimation, the filing fees
theiefoie shall constitute a fiist lien on the juugment awaiuing such uamages.
Wheie the amount of uamages, othei than actual, is specifieu in the complaint oi infoimation, the coiiesponuing
filing fees shall be paiu by the offenueu paity upon the filing theieof in couit.
Except as otheiwise pioviueu in these Rules, no filing fees shall be iequiieu foi actual uamages.
No counteiclaim, cioss-claim oi thiiu-paity complaint may be fileu by the accuseu in the ciiminal case, but any
cause of action which coulu have been the subject theieof may be litigateu in a sepaiate civil action.
(b) The ciiminal action foi violation of Batas Pambansa Blg. 22 shall be ueemeu to incluue the coiiesponuing civil
action. No ieseivation to file such civil action sepaiately shall be alloweu.
0pon filing of the afoiesaiu joint ciiminal anu civil actions, the offenueu paity shall pay in full the filing fees baseu
on the amount of the check involveu, which shall be consiueieu as the actual uamages claimeu. Wheie the
complaint oi infoimation also seeks to iecovei liquiuateu, moial, nominal, tempeiate oi exemplaiy uamages, the
offenueu paity shall pay auuitional filing fees baseu on the amounts allegeu theiein. If the amounts aie not so
allegeu but any of these uamages aie subsequently awaiueu by the couit, the filing fees baseu on the amount
awaiueu shall constitute a fiist lien on the juugment.
Wheie the civil action has been fileu sepaiately anu tiial theieof has not yet commenceu, it may be consoliuateu
with the ciiminal action upon application with the couit tiying the lattei case. If the application is gianteu, the tiial
of both actions shall pioceeu in accoiuance with section 2 of this Rule goveining consoliuation of the civil anu
ciiminal actions.

Sec. 2. When sepaiate civil action is suspenueu. - Aftei the ciiminal action has been commenceu, the sepaiate
civil action aiising theiefiom cannot be instituteu until final juugment has been enteieu in the ciiminal action.
If the ciiminal action is fileu aftei the saiu civil action has alieauy been instituteu, the lattei shall be suspenueu in
whatevei state it may be founu befoie juugment on the meiits. The suspension shall last until final juugment is
ienueieu in the ciiminal action. Neveitheless, befoie juugment on the meiits ienueieu in the civil action, the same
may, upon motion of the offenueu paity, be consoliuateu with the ciiminal action in the couit tiying the ciiminal
action. In case of consoliuation, the eviuence alieauy auuuceu in the civil action shall be ueemeu automatically
iepiouuceu in the ciiminal action without piejuuice to the iight of the piosecution to cioss-examine the witness
piesenteu by the offenueu paity in the ciiminal case anu of the paities to piesent auuitional eviuence. The
consoliuateu ciiminal anu civil actions shall be tiieu anu ueciueu jointly.
Buiing the penuency of the ciiminal action, the iunning peiiou of piesciiption of the civil action which cannot be
instituteu sepaiately oi whose pioceeuing has been suspenueu shall be tolleu.
The extinction of the penal action uoes not caiiy with it extinction of the civil action. Bowevei, the civil action
baseu on uelict shall be ueemeu extinguisheu if theie is a finuing in a final juugment in the ciiminal action that the
act oi omission fiom which the civil liability may aiise uiu not exist.

Sec. S. When civil action may pioceeu inuepenuently. - In the cases pioviueu in Aiticles S2, SS, S4 anu 2176 of
the Civil Coue of the Philippines, the inuepenuent civil action may be biought by the offenueu paity. It shall pioceeu
inuepenuently of the ciiminal action anu shall iequiie only a pieponueiance of eviuence. In no case, howevei, may
the offenueu paity iecovei uamages twice foi the same act oi omission chaigeu in the ciiminal action.

Sec. 4. Effect of ueath on civil actions. - The ueath of the accuseu aftei aiiaignment anu uuiing the penuency of
the ciiminal action shall extinguish the civil liability aiising fiom the uelict. Bowevei, the inuepenuent civil action
instituteu unuei section S of this Rule oi which theieaftei is instituteu to enfoice liability aiising fiom othei
souices of obligation may be continueu against the estate oi legal iepiesentative of the accuseu aftei piopei
substitution oi against saiu estate, as the case may be. The heiis of the accuseu may be substituteu foi the ueceaseu
without iequiiing the appointment of an executoi oi auministiatoi anu the couit may appoint a guaiuian au litem
foi the minoi heiis.
The couit shall foithwith oiuei saiu legal iepiesentative oi iepiesentatives to appeai anu be substituteu within a
peiiou of thiity (Su) uays fiom notice.
A final juugment enteieu in favoi of the offenueu paity shall be enfoiceu in the mannei especially pioviueu in
these iules foi piosecuting claims against the estate of the ueceaseu.
If the accuseu uies befoie aiiaignment, the case shall be uismisseu without piejuuice to any civil action the
offenueu paity may file against the estate of the ueceaseu.

Sec. S. }uugment in civil action not a bai. - A final juugment ienueieu in a civil action absolving the uefenuant
fiom civil liability is not a bai to a ciiminal action against the uefenuant foi the same act oi omission subject of the
civil action.

Sec. 6. Suspension by ieason of piejuuicial question. - A petition foi suspension of the ciiminal action baseu upon
the penuency of a piejuuicial question in a civil action may be fileu in the office of the piosecutoi oi the couit
conuucting the pieliminaiy investigation. When the ciiminal action has been fileu in couit foi tiial, the petition to
suspenu shall be fileu in the same ciiminal action at any time befoie the piosecution iests.

Sec. 7. Elements of piejuuicial question. - The elements of a piejuuicial questions aie: (a) the pieviously
instituteu civil action involves an issue similai oi intimately ielateu to the issue iaiseu in the subsequent ciiminal
action, anu (b) the iesolution of such issue ueteimines whethei oi not the ciiminal action may pioceeu.
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Section 1. Pieliminaiy investigation uefineu; when iequiieu. - Pieliminaiy investigation is an inquiiy oi
pioceeuing to ueteimine whethei theie is sufficient giounu to engenuei a well-founueu belief that a ciime has been
committeu anu the iesponuent is piobably guilty theieof, anu shoulu be helu foi tiial.
Except as pioviueu in Section 7 of this Rule, a pieliminaiy investigation is iequiieu to be conuucteu befoie the
filing of a compliant oi infoimation foi an offense wheie the penalty piesciibeu by law is at least foui (4) yeais, two
(2) months anu one (1) uay without iegaiu to the fine.

Sec. 2. 0fficeis authoiizeu to conuuct pieliminaiy investigations. - The following may conuuct pieliminaiy
investigations:
(a) Piovincial oi City Piosecutois anu theii assistants;
(b) }uuges of the Nunicipal Tiial Couits anu Nunicipal Ciicuit Tiial Couits;
(c) National anu Regional State Piosecutois; anu
(u) 0thei officeis as may be authoiizeu by law.
Theii authoiity to conuuct pieliminaiy investigations shall incluue all ciimes cognizable by the piopei couit in
theii iespective teiiitoiial juiisuictions.
Sec. S. Pioceuuie.- The pieliminaiy investigation shall be conuucteu in the following mannei:
(a) The complaint shall state the auuiess of the iesponuent anu shall be accompanieu by the affiuavits of the
complainant anu his witnesses, as well as othei suppoiting uocuments to establish piobable cause. They shall be in
such numbei of copies as theie aie iesponuents, plus two (2) copies foi the official file. The affiuavits shall be
subsciibeu anu swoin to befoie any piosecutoi oi goveinment official authoiizeu to auministei oath, oi, in theii
absence oi unavailability, befoie a notaiy public, each of whom must ceitify that he peisonally examineu the
affiants anu that he is satisfieu that they voluntaiily executeu anu unueistoou theii affiuavits.
(b) Within ten (1u) uays aftei the filing of the complaint, the investigating officei shall eithei uismiss it if he finus
no giounu to continue with the investigation, oi issue a subpoena to the iesponuent attaching to it a copy of the
complaint anu its suppoiting affiuavits anu uocuments.
The iesponuent shall have the iight to examine the eviuence submitteu by the complainant which he may not
have been fuinisheu anu to copy them at his expense. If the eviuence is voluminous, the complainant may be
iequiieu to specify those which he intenus to piesent against the iesponuent, anu these shall be maue available foi
examination oi copying by the iesponuent at his expense.
0bjects as eviuence neeu not be fuinisheu a paity but shall be maue available foi examination, copying, oi
photogiaphing at the expense of the iequesting paity.
(c) Within ten (1u) uays fiom ieceipt of the subpoena with the complaint anu suppoiting affiuavits anu
uocuments, the iesponuent shall submit his countei-affiuavit anu that of his witnesses anu othei suppoiting
uocuments ielieu upon foi his uefense. The countei-affiuavits shall be subsciibeu anu swoin to anu ceitifieu as
pioviueu in paiagiaph (a) of this section, with copies theieof fuinisheu by him to the complainant. The iesponuent
shall not be alloweu to file a motion to uismiss in lieu of a countei-affiuavit.
(u) If the iesponuent cannot be subpoenaeu, oi if subpoenaeu, uoes not submit countei-affiuavits within the ten
(1u) uay peiiou, the investigating office shall iesolve the complaint baseu on the eviuence piesenteu by the
complainant.
(e) The investigating officei may set a heaiing if theie aie facts anu issues to be claiifieu fiom a paity oi a
witness. The paities can be piesent at the heaiing but without the iight to examine oi cioss-examine. They may,
howevei, submit to the investigating officei questions which may be askeu to the paity oi witness conceineu.
The heaiing shall be helu within ten (1u) uays fiom submission of the countei-affiuavits anu othei uocuments oi
fiom the expiiation of the peiiou foi theii submission. It shall be teiminateu within five (S) uays.
(f) Within ten (1u) uays aftei the investigation, the investigating officei shall ueteimine whethei oi not theie is
sufficient giounu to holu the iesponuent foi tiial.

Sec. 4. Resolution of investigating piosecutoi anu its ieview. - If the investigating piosecutoi finus cause to holu
the iesponuent foi tiial, he shall piepaie the iesolution anu infoimation. Be shall ceitify unuei oath in the
infoimation that he, oi as shown by the iecoiu, an authoiizeu officei, has peisonally examineu the complainant anu
his witnesses; that theie is ieasonable giounu to believe that a ciime has been committeu anu that the accuseu is
piobably guilty theieof; that the accuseu was infoimeu of the complaint anu of the eviuence submitteu against him;
anu that he was given an oppoitunity to submit contioveiting eviuence. 0theiwise, he shall iecommenu the
uismissal of the complaint.
Within five (S) uays fiom his iesolution, he shall foiwaiu the iecoiu of the case to the piovincial oi city
piosecutoi oi chief state piosecutoi, oi to the 0mbuusman oi his ueputy in cases of offenses cognizable by the
Sanuiganbayan in the exeicise of its oiiginal juiisuiction. They shall act on the iesolution within ten (1u) uays fiom
theii ieceipt theieof anu shall immeuiately infoim the paities of such action.
No complaint oi infoimation may be fileu oi uismisseu by an investigating piosecutoi without the piioi wiitten
authoiity oi appioval of the piovincial oi city piosecutoi oi chief state piosecutoi oi the 0mbuusman oi his
ueputy.
Wheie the investigating piosecutoi iecommenus the uismissal of the complaint but his iecommenuation is
uisappioveu by the piovincial oi city piosecutoi oi chief state piosecutoi oi the 0mbuusman oi his ueputy on the
giounu that a piobable cause exists, the lattei may, by himself, file the infoimation against the iesponuent, oi uiiect
anothei assistant piosecutoi oi state piosecutoi to uo so without conuucting anothei pieliminaiy investigation.
If upon petition by a piopei paity unuei such iules as the Bepaitment of }ustice may piesciibe oi motu piopio,
the Secietaiy of }ustice ieveises oi mouifies the iesolution of the piovincial oi city piosecutoi oi chief state
piosecutoi, he shall uiiect the piosecutoi conceineu eithei to file the coiiesponuing infoimation without
conuucting anthei pieliminaiy investigation, oi to uismiss oi move foi uismissal of the complaint oi infoimation
with notice to the paities. The same iule shall apply in pieliminaiy investigations conuucteu by the officeis of the
0ffice of the 0mbuusman.

Sec. S. Resolution of investigating juuge anu its ieview.
- Within ten (1u) uays aftei the pieliminaiy investigation, the investigating juuge shall tiansmit the iesolution of
the case to the piovincial oi city piosecutoi, oi to the 0mbuusman oi his ueputy in cases of offenses cognizable by
the Sanuiganbayan in the exeicise of its oiiginal juiisuiction, foi appiopiiate action. The iesolution shall state the
finuings of facts anu the law suppoiting his action, togethei with the iecoiu of the case which shall incluue: (a) the
waiiant, if the aiiest is by viitue of a waiiant; (b) the affiuavits, countei-affiuavits anu othei suppoiting eviuence
of the paities; (c) the unueitaking oi bail of the accuseu anu the oiuei foi his ielease; (u) the tiansciipts of the
pioceeuings uuiing the pieliminaiy investigation; anu (e) the oiuei of cancellation of his bail bonu, if the iesolution
is foi the uismissal of the complaint.
Within thiity (Su) uays fiom ieceipt of the iecoius, the piovincial oi city piosecutoi, oi the 0mbuusman oi his
ueputy, as the case may be, shall ieview the iesolution of the investigating juuge on the existence of piobable cause.
Theii iuling shall expiessly anu cleaily state the facts anu the law on which it is baseu anu the paities shall be
fuinisheu with copies theieof. They shall oiuei the ielease of an accuseu who is uetaineu if no piobable cause is
founu against him.

Sec. 6. When waiiant of aiiest may issue. - (a) By the Regional Tiial Couit. - Within ten (1u) uays fiom the filing
of the complaint oi infoimation, the juuge shall peisonally evaluate the iesolution of the piosecutoi anu its
suppoiting eviuence. Be may immeuiately uismiss the case if the eviuence on iecoiu cleaily fails to establish
piobable cause. If he finus piobable cause, he shall issue a waiiant of aiiest, oi a commitment oiuei if the accuseu
has alieauy been aiiesteu puisuant to a waiiant issueu by the juuge who conuucteu the pieliminaiy investigation
oi when the complaint oi infoimation was fileu puisuant to section 7 of this Rule. In case of uoubt on the existence
of piobable cause, the juuge may oiuei the piosecutoi to piesent auuitional eviuence within five (S) uays fiom
notice anu the issue must be iesolveu by the couit within thiity (Su) uays fiom the filing of the complaint of
infoimation.
(b) By the Nunicipal Tiial Couit. - When iequiieu puisuant to the seconu paiagiaph of section of this Rule, the
pieliminaiy investigation of cases falling unuei the oiiginal juiisuiction of the Netiopolitan Tiial Couit, Nunicipal
Tiial Couit in Cities, Nunicipal Tiial Couit, oi Nunicipal Ciicuit Tiial Couit may be conuucteu by eithei the juuge oi
the piosecutoi. When conuucteu by the piosecutoi, the pioceuuie foi the issuance of a waiiant of aiiest by the
juuge shall be goveineu by paiagiaph (a) of this section. When the investigation is conuucteu by the juuge himself,
he shall follow the pioceuuie pioviueu in section S of this Rule. If his finuings anu iecommenuations aie affiimeu
by the piovincial oi city piosecutoi, oi by the 0mbuusman oi his ueputy, anu the coiiesponuing infoimation is
fileu, he shall issue a waiiant of aiiest. Bowevei, without waiting foi the conclusion of the investigation, the juuge
may issue a waiiant of aiiest if he finus aftei an examination in wiiting anu unuei oath of the complainant anu his
witnesses in the foim of seaiching questions anu answeis, that a piobable cause exists anu that theie is a necessity
of placing the iesponuent unuei immeuiate custouy in oiuei not to fiustiate the enus of justice.
(c) When waiiant of aiiest not necessaiy. - A waiiant of aiiest shall not issue if the accuseu is alieauy unuei
uetention puisuant to a waiiant issueu by the municipal tiial couit in accoiuance with paiagiaph (b) of this
section, oi if the complaint oi infoimation was fileu puisuant to section 7 of this Rule oi is foi an offense penalizeu
by fine only. The couit shall them pioceeu in the exeicise of its oiiginal juiisuiction.

Sec. 7. When accuseu lawfully aiiesteu without waiiant. - When a peison is lawfully aiiesteu without a waiiant
involving an offense which iequiies a pieliminaiy investigation, the complaint oi infoimation may be fileu by a
piosecutoi without neeu of such investigation pioviueu an inquest has been conuucteu in accoiuance with existing
iules. In the absence oi unavailability of an inquest piosecutoi, the complaint may be fileu by the offenueu paity oi
a peace officei uiiectly with the piopei couit on the basis of the affiuavit of the offenueu paity oi aiiesting officei
oi peison.
Befoie the complaint oi infoimation is fileu, the peison aiiesteu may ask foi a pieliminaiy investigation in
accoiuance with this Rule, but he must sign a waivei of the piovision of Aiticle 12S of the Reviseu Penal Coue, as
amenueu, in the piesence of his counsel. Notwithstanuing the waivei, he may apply foi bail anu the investigation
must be teiminateu within fifteen (1S) uays fiom its inception.
Aftei the filing of the complaint oi infoimation in couit without a pieliminaiy investigation, the accuseu may,
within five (S) uays fiom the time he leains of its filing, ask foi a pieliminaiy investigation with the same iight to
auuuce eviuence in his uefense as pioviueu in this Rule.

Sec. 8. Recoius. - (a) Recoius suppoiting the infoimation oi complaint. - An infoimation oi complaint fileu in
couit shall be suppoiteu by the affiuavits anu countei-affiuavits of the paities anu theii witnesses, togethei with
the othei suppoiting eviuence anu the iesolution on the case.
(b) Recoiu of pieliminaiy investigation. - The iecoiu of the pieliminaiy investigation, whethei conuucteu by a
juuge oi a piosecutoi, shall not foim pait of the iecoiu of the case. Bowevei, the couit, on its own initiative oi on
motion of any paity, may oiuei the piouuction of the iecoiu oi any of its pait when necessaiy in the iesolution of
the case oi any inciuent theiein, oi when it is to be intiouuceu as an eviuence in the case by the iequesting paity.

Sec. 9. Cases not iequiiing a pieliminaiy investigation noi coveieu by the Rule on Summaiy Pioceuuie. - (a) If
fileu with the piosecutoi. - If the complaint is fileu uiiectly with the piosecutoi involving an offense punishable by
impiisonment of less than foui (4) yeais, two (2) months anu one (1) uay, the pioceuuie outlineu in section S(a) of
this Rule shall be obseiveu. The piosecutoi shall act on the complaint baseu on the affiuavits anu othei suppoiting
uocuments submitteu by the complainant within ten (1u) uays fiom its filing.
(b) If fileu with the Nunicipal Tiial Couit. - If the complaint oi infoimation is fileu with the Nunicipal Tiial Couit
oi Nunicipal Ciicuit Tiial Couit foi an offense coveieu by this section, the pioceuuie in section S (a) of this Rule
shall be obseiveu. If within ten (1u) uays aftei the filing of the complaint oi infoimation, the juuge finus no
piobable cause aftei peisonally evaluating the eviuence, oi aftei peisonally examining in wiiting anu unuei oath
the complainant anu his witnesses in the foim of seaiching questions anu answeis, he shall uismiss the same. Be
may, howevei, iequiie the submission of auuitional eviuence, within ten (1u) uays fiom notice, to ueteimine fuithei
the existence of piobable cause. If the juuge still finus no piobable cause uespite the auuitional eviuence, he shall,
within ten (1u) uays fiom its submission oi expiiation of saiu peiiou, uismiss the case. When he finus piobable
cause, he shall issue a waiiant of aiiest, oi a commitment oiuei if the accuseu hau alieauy been aiiesteu, anu holu
him foi tiial. Bowevei, if the juuge is satisfieu that theie is no necessity foi placing the accuseu unuei custouy, he
may issue summons insteau of a waiiant of aiiest.
%*+#$44H$6$1%%#(!
Section 1. Befinition of aiiest. - Aiiest is the taking of a peison into custouy in oiuei that he may be bounu to
answei foi the commission of an offense.
Sec. 2. Aiiest; how maue. - An aiiest is maue by an actual iestiaint of a peison to be aiiesteu, oi by his
submission to the custouy of the peison making the aiiest.
No violence oi unnecessaiy foice shall be useu in making an aiiest. The peison aiiesteu shall not be subject to a
gieatei iestiaint than is necessaiy foi his uetention.

Sec. S. Buty of aiiesting officei. - It shall be the uuty of the officei executing the waiiant to aiiest the accuseu anu
uelivei him to the neaiest police station oi jail without unnecessaiy uelay.

Sec. 4. Execution of waiiant. - The heau of the office to whom the waiiant of aiiest was ueliveieu foi execution
shall cause the waiiant to be executeu within ten (1u) uays fiom its ieceipt. Within ten (1u) uays aftei the
expiiation of the peiiou, the officei to whom it was assigneu foi execution shall make a iepoit to the juuge who
issueu the waiiant. In case of his failuie to execute the waiiant, he shall state the ieason theiefoie.

Sec. S. Aiiest without waiiant; when lawful. - A peace officei oi a piivate peison may, without a waiiant, aiiest a
peison:
(a) When, in his piesence, the peison to be aiiesteu has committeu, is actually committing, oi is attempting to
commit an offense;
(b) When an offense has just been committeu anu he has piobable cause to believe baseu on peisonal knowleuge of
facts oi ciicumstances that the peison to be aiiesteu has committeu it; anu
(c) When the peison to be aiiesteu is a piisonei who has escapeu fiom a penal establishment oi place wheie he is
seiving final juugment oi is tempoiaiily confineu while his case is penuing, oi has escapeu while being tiansfeiieu
fiom one confinement to anothei.
In cases falling unuei paiagiaphs (a) anu (b) above, the peison aiiesteu without a waiiant shall be foithwith
ueliveieu to the neaiest police station oi jail anu shall be pioceeueu against in accoiuance with section 7 of Rule
112.
Sec. 6. Time of making aiiest. - An aiiest may be maue on any uay anu at any time of the uay oi night.
Sec. 7. Nethou of aiiest by officei by viitue of waiiant.
- When making an aiiest by viitue of a waiiant, the officei shall infoim the peison to be aiiesteu of the cause of
the aiiest anu the fact that a waiiant has been issueu foi his aiiest, except when he flees oi foicibly iesists befoie
the officei has oppoitunity to so infoim him, oi when the giving of such infoimation will impeiil the aiiest. The
officei neeu not have the waiiant in his possession at the time of the aiiest but aftei the aiiest, if the peison
aiiesteu so iequiies, the waiiant shall be shown to him as soon as piacticable.
Sec. 8. Nethou of aiiest by officei without waiiant. - When making an aiiest without a waiiant, the officei shall
infoim the peison to be aiiesteu of his authoiity anu the cause of the aiiest, unless the lattei is eithei engageu in
the commission of an offense, is puisueu immeuiately aftei its commission, has escapeu, flees, oi foicibly iesists
befoie the officei has oppoitunity to so infoim him, oi when the giving of such infoimation will impeiil the aiiest.
Sec. 9. Nethou of aiiest by piivate peison. - When making an aiiest, a piivate peison shall infoim the peison to
be aiiesteu of the intention to aiiest him anu the case of the aiiest, unless the lattei is eithei engageu in the
commission of an offense, is puisueu immeuiately aftei its commission, oi has escapeu, flees, oi foicibly iesists
befoie the peison making the aiiest has oppoitunity to so infoim him, oi when the giving of such infoimation will
impeiil the aiiest.
Sec. 1u. 0fficei may summon assistance. - An officei making a lawful aiiest may oially summon as many peisons
as he ueems necessaiy to assist him in effecting the aiiest. Eveiy peison so summoneu by an officei shall assist him
in effecting the aiiest when he can ienuei such assistance without uetiiment to himself.
Sec. 11. Right of officei to bieak into builuing oi enclosuie. - An officei, in oiuei to make an aiiest eithei by
viitue of a waiiant, oi without a waiiant as pioviueu in section S, may bieak into any builuing oi enclosuie wheie
the peison to be aiiesteu is oi is ieasonably believeu to be, if he is iefuseu aumittance theieto, aftei announcing his
authoiity anu puipose.
Sec. 12. Right to bieak out fiom builuing oi enclosuie. - Whenevei an officei has enteieu the builuing oi
enclosuie in accoiuance with the pieceuing section, he may bieak out theiefiom when necessaiy to libeiate
himself.
Sec. 1S. Aiiest aftei escape oi iescue. - If a peison lawfully aiiesteu escapes oi is iescueu, any peison may
immeuiately puisue oi ietake him without a waiiant at any time anu in any place within the Philippines.
Sec. 14. Right of attoiney oi ielative to visit peison aiiesteu. - Any membei of the Philippine Bai shall, at the
iequest of the peison aiiesteu oi of anothei acting in his behalf, have the iight to visit anu confei piivately with
such peison in the jail oi any othei place of custouy at any houi of the uay oi night. Subject to ieasonable
iegulations, a ielative of the peison aiiesteu can also exeicise the same iight.
%*+#$44I$6$J1'+

Section 1. Bail uefineu. - Bail is the secuiity given foi the ielease of a peison in custouy of the law, fuinisheu by
him oi a bonusman, to guaiantee his appeaiance befoie any couit as iequiieu unuei the conuitions heieinaftei
specifieu. Bail may be given in the foim of coipoiate suiety, piopeity bonu, cash ueposit, oi iecognizance.

Sec. 2. Conuitions of the bail; iequiiements. - All kinus of bail aie subject to the following conuitions:
(a) The unueitaking shall be effective upon appioval, anu unless cancelleu, shall iemain in foice at all stages of the
case until piomulgation of the juugment of the Regional Tiial Couit, iiiespective of whethei the case was oiiginally
fileu in oi appealeu to it;
(b) The accuseu shall appeai befoie the piopei couit whenevei iequiieu by the couit of these Rules;
(c) The failuie of the accuseu to appeai at the tiial without justification anu uespite uue notice shall be ueemeu a
waivei of his iight to be piesent theieat. In such case, the tiial may pioceeu in absentia; anu
(u) The bonusman shall suiienuei the accuseu to the couit foi execution of the final juugment.
The oiiginal papeis shall state the full name anu auuiess of the accuseu, the amount of the unueitaking anu the
conuitions iequiieu by this section. Photogiaphs (passpoit size) taken within the last six (6) months showing the
face, left anu iight piofiles of the accuseu must be attacheu to the bail.
Sec. S. No ielease oi tiansfei except on couit oiuei oi bail. - No peison unuei uetention by legal piocess shall be
ieleaseu oi tiansfeiieu except upon oiuei of the couit oi when he is aumitteu to bail.
Sec. 4. Bail, a mattei of iight; exception. - All peisons in custouy shall be aumitteu to bail as a mattei of iight, with
sufficient suieties, oi ieleaseu on iecognizance as piesciibeu by law oi this Rule (a) befoie oi aftei conviction by
the Netiopolitan Tiial Couit, Nunicipal Tiial Couit, Nunicipal Tiial Couit in Cities, oi Nunicipal Ciicuit Tiial Couit,
anu (b) befoie conviction by the Regional Tiial couit of an offense not punishable by ueath, ieclusion peipetua, oi
life impiisonment.
Sec. S. Bail, when uiscietionaiy. - 0pon conviction by the Regional Tiial Couit of an offense not punishable by
ueath, ieclusion peipetua, oi life impiisonment, aumission to bail is uiscietionaiy. The application foi bail may be
fileu anu acteu upon by the tiial couit uespite the filing of a notice of appeal, pioviueu it has not tiansmitteu the
oiiginal iecoiu to the appellate couit. Bowevei, if the uecision of the tiial couit conviction the accuseu changeu the
natuie of the offense fiom non-bailable to bailable, the application foi bail can only be fileu with anu iesolveu by
the appellate couit.
Shoulu the couit giant the application, the accuseu may be alloweu to continue on piovisional libeity uuiing the
penuency of the appeal unuei the same bail subject to the consent of the bonusman.
If the penalty imposeu by the tiial couit is impiisonment exceeuing six (6) yeais, the accuseu shall be uenieu bail,
oi his bail shall be cancelleu upon a showing by the piosecution, with notice to the accuse, of the following oi othei
similai ciicumstances:
(a) That he is a ieciuivist, quasi-ieciuivist, oi habitual uelinquent, oi has committeu the ciime aggiavateu by the
ciicumstance of ieiteiation;
(b) That he has pieviously escapeu fiom legal confinement, evaueu sentence, oi violateu the conuitions of his bail
without valiu justification;
(c) That he committeu the offense while unuei piobation, paiole, oi conuitional paiuon;
(u) That the ciicumstances of his case inuicate the piobability of flight if ieleaseu on bail; oi
(e) That theie is unuue iisk that he may commit anothei ciime uuiing the penuency of the appeal.
The appellate couit may, motu piopiio oi on motion of any paity, ieview the iesolution of the Regional Tiial
Couit aftei notice to the auveise paity in eithei case.
Sec. 6. Capital offense uefineu. - A capital offense is an offense which, unuei the law existing at the time of its
commission anu of the application foi aumission to bail, may be punisheu with ueath.
Sec. 7. Capital offense oi an offense punishable by ieclusion peipetua oi life impiisonment, not bailable. - No
peison chaigeu with a capital offense, oi an offense punishable by ieclusion peipetua oi life impiisonment, shall be
aumitteu to bail when eviuence of guilt is stiong, iegaiuless of the state of the ciiminal piosecution.
Sec. 8. Buiuen of pioof in bail application. - At the heaiing of an application foi bail fileu by a peison who is in
custouy foi the commission of an offense punishable by ueath, ieclusion peipetua, oi life impiisonment, the
piosecution has the buiuen of showing that eviuence of guilt is stiong. The eviuence piesenteu uuiing the bail
heaiing shall be consiueieu automatically iepiouuceu at the tiial but, upon motion of eithei paity, the couit may
iecall any witness foi auuitional examination unless the lattei is ueau, outsiue the Philippines, oi otheiwise unable
to testify.
Sec. 9. Amount of bail; guiuelines. - The juuge who issueu the waiiant oi gianteu the application shall fix a
ieasonable amount of bail consiueiing piimaiily, but not limiteu to, the following factois:
(a) Financial liability of the accuseu to give bail;
(b) Natuie anu ciicumstance of the offense;
(c) Penalty foi the offense chaigeu;
(u) Chaiactei anu ieputation of the accuseu;
(e) Age anu health of the accuseu;
(f) Weight of the eviuence against the accuseu;
(g) Piobability of the accuseu appeaiing at the tiial;
(h) Foifeituie of othei bail;
(i) The fact that the accuseu was a fugitive fiom justice when aiiesteu; anu
(j) Penuency of othei cases wheie the accuseu is on bail.
Excessive bail shall not be iequiieu.
Sec. 1u. Coipoiate suiety. - Any uomestic oi foieign coipoiation, licenseu as a suiety in accoiuance with law anu
cuiiently authoiizeu to act as such, may pioviue bail by a bonu subsciibeu jointly by the accuseu anu an officei of
the coipoiation uuly authoiizeu by its boaiu of uiiectois.
Sec. 11. Piopeity bonu, how posteu. - A piopeity bonu is an unueitaking constituteu as lien on the ieal piopeity
given as secuiity foi the amount of the bail. Within ten (1u) uays aftei the appioval of the bonu, the accuseu shall
cause the annotation of the lien on the ceitificate of title on file with the Registiy of Beeus if the lanu is iegisteieu,
oi if uniegisteieu, in the Registiation Book on the space pioviueu theiefoie, in the Registiy of Beeus foi the
piovince oi city wheie the lanu lies, anu on the coiiesponuing tax ueclaiation in the office of the piovincial, city
anu municipal assessoi conceineu.
Within the same peiiou, the accuseu shall submit to the couit his compliance anu his failuie to uo so shall be
sufficient cause foi the cancellation of the piopeity bonu anu his ie-aiiest anu uetention.

Sec. 12. Qualifications of suieties in piopeity bonu. - The qualifications of suieties in a piopeity bonu shall be as
follows:
(a) Each must be a iesiuent ownei of ieal estate within the Philippines;
(b) Wheie theie is only one suiety, his ieal estate must be woith at least the amount of unueitaking;
(c) If theie aie two oi moie suieties, each may justify in an amount less than that expiesseu in the unueitaking but
the aggiegate of the justifieu sums must be equivalent to the whole amount of the bail uemanueu.
In all cases, eveiy suiety must be woith the amount specifieu in his own unueitaking ovei anu above all just
uebts, obligations anu piopeities exempt fiom execution.
Sec. 1S. }ustification of suieties. - Eveiy suiety shall justify by affiuavit taken befoie the juuge that he possesses
the qualification piesciibeu in the pieceuing section. Be shall uesciibe the piopeity given as secuiity, stating the
natuie of his title, its encumbiances, the numbei anu amount of othei bails enteieu into by him anu still
unuischaigeu, anu his othei liabilities. The couit may examine the suieties upon oath conceining theii sufficiency
in such mannei as it may ueem piopei. No bail shall be appioveu unless the suiety is qualifieu.
Sec. 14. Beposit of cash as bail. - The accuseu oi any peison acting in his behalf may ueposit in cash with the
neaiest collectoi of inteinal ievenue oi piovincial, city, oi municipal tieasuiei the amount of bail fixeu by the couit,
oi iecommenueu by the piosecutoi who investigateu oi fileu the case. 0pon submission of a piopei ceitificate of
ueposit anu a wiitten unueitaking showing compliance with the iequiiements of section 2 of this Rule, the accuseu
shall be uischaigeu fiom custouy. The money uepositeu shall be consiueieu as bail anu applieu to the payment of
fine anu costs while the excess, if any, shall be ietuineu to the accuseu oi to whoevei maue the ueposit.
Sec. 1S. Recognizance. - Whenevei alloweu by law oi these Rules, the couit may ielease a peison in custouy on
his own iecognizance oi that of a iesponsible peison.
Sec. 16. Bail, when not iequiieu; ieuuceu bail oi iecognizance. - No bail shall be iequiieu when the law oi these
Rules so pioviue.
When a peison has been in custouy foi a peiiou equal to oi moie than the possible maximum impiisonment
piesciibeu foi the offense chaigeu, he shall be ieleaseu immeuiately, without piejuuice to the continuation of the
tiial oi the pioceeuings on appeal. If the maximum penalty to which the accuseu may be sentenceu is uestieiio, he
shall be ieleaseu aftei thiity (Su) uays of pieventive impiisonment.
A peison in custouy foi a peiiou equal to oi moie than the minimum of the piincipal penalty piesciibeu foi the
offense chaigeu, without application of the Inueteiminate Sentence Law oi any mouifying ciicumstance, shall be
ieleaseu on a ieuuceu bail oi on his own iecognizance, at the uiscietion of the couit.

Sec. 17. Bail, wheie fileu. - (a) Bail in the amount fixeu may be fileu with the couit wheie the case is penuing, oi
in the absence oi unavailability of the juuge theieof, with any iegional tiial juuge, metiopolitan tiial juuge,
municipal tiial juuge, oi municipal ciicuit tiial juuge in the piovince, city oi municipality. If the accuseu is aiiesteu
in a piovince, city, oi municipality othei than wheie the case is penuing, bail may also be fileu with any iegional
tiial couit of saiu place, of if no juuge theieof is available, with any metiopolitan tiial juuge, municipal tiial juuge,
oi municipal ciicuit tiial juuge theiein.
(b) Wheie the giant of bail is a mattei of uiscietion, oi the accuseu seeks to be ieleaseu on iecognizance, the
application may only be fileu in the couit wheie the case is penuing, whethei on pieliminaiy investigation, tiial, oi
appeal.

Any peison in custouy who is not yet chaigeu in couit may apply foi bail with any couit in the piovince, city, oi
municipality wheie he is helu.

Sec. 18. Notice of application to piosecutoi. - In the application foi bail unuei section 8 of this Rule, the couit
must give ieasonable notice of the heaiing to the piosecutoi oi iequiie him to submit his iecommenuation.

Sec. 19. Release on bail. - The accuseu must be uischaigeu upon appioval of the bail by the juuge with whom it
was fileu in accoiuance with section 17 of this Rule.
When bail is fileu with a couit othei than wheie the case is penuing, the juuge who accepteu the bail shall
foiwaiu it, togethei with the oiuei of ielease anu othei suppoiting papeis, to the couit wheie the case is penuing,
which may, foi goou ieason, iequiie a uiffeient one to be fileu.

Sec. 2u. Inciease oi ieuuction of bail. - Aftei the accuseu is aumitteu to bail, the couit may, upon goou cause,
eithei inciease oi ieuuce its amount. When incieaseu, the accuseu may be committeu to custouy if he uoes not give
bail in the incieaseu amount within a ieasonable peiiou. An accuseu helu to answei a ciiminal chaige, who is
ieleaseu without bail upon filing of the complaint oi infoimation, may, at any subsequent stage of the pioceeuings
anu whenevei a stiong showing of guilt appeais to the couit, be iequiieu to give bail in the amount fixeu, oi in lieu
theieof, committeu to custouy.

Sec. 21. Foifeituie of bail. - When the piesence of the accuseu is iequiieu by the couit oi these Rules, his
bonusmen shall be notifieu to piouuce him befoie the couit on a given uate anu time. If the accuseu fails to appeai
in peison as iequiieu, his bail shall be ueclaieu foifeiteu anu the bonusmen given thiity (Su) uays within which to
piouuce theii piincipal anu to show why no juugment shoulu be ienueieu against them foi the amount of theii bail.
Within the saiu peiiou, the bonusmen must:
(a) piouuce the bouy of theii piincipal oi give the ieason foi his non-piouuction; anu
(b) explain why the accuseu uiu not appeai befoie the couit when fiist iequiieu to uo so.
Failing in these two iequisites, a juugment shall be ienueieu against the bonusmen, jointly anu seveially, foi the
amount of the bail. The couit shall not ieuuce oi otheiwise mitigate the liability of the bonusmen, unless the
accuseu has been suiienueieu oi is acquitteu.
Sec. 22. Cancellation of bail. - 0pon application of the bonusmen, with uue notice to the piosecutoi, the bail may
be cancelleu upon suiienuei of the accuseu oi pioof of his ueath.
The bail shall be ueemeu automatically cancelleu upon acquittal of the accuseu, uismissal of the case, oi
execution of the juugment of conviction.
In all instances, the cancellation shall be without piejuuice to any liability on the bail.

Sec. 2S. Aiiest of accuseu out on bail. - Foi the puipose of suiienueiing the accuseu, the bonusmen may aiiest
him oi, upon wiitten authoiity enuoiseu on a ceitifieu copy of the unueitaking, cause him to be aiiesteu by a police
officei oi any othei peison of suitable age anu uiscietion.
An accuseu ieleaseu on bail may be ie-aiiesteu without the necessity of a waiiant if he attempts to uepait fiom
the Philippines without peimission of the couit wheie the case is penuing.

Sec. 24. No bail aftei final juugment; exception. - No bail shall be alloweu aftei a juugment of conviction has
become final. If befoie such finality, the accuseu applies foi piobation, he may be alloweu tempoiaiy libeity unuei
his bail. When no bail was fileu oi the accuseu is incapable of filing one, the couit may allow his ielease on
iecognizance to the custouy of a iesponsible membei of the community. In no case shall bail be alloweu aftei the
accuseu has commenceu to seive sentence.

Sec. 2S. Couit supeivision of uetainees. - The couit shall exeicise supeivision ovei all peisons in custouy foi the
puipose of eliminating unnecessaiy uetention. The executive juuges of the Regional Tiial Couits shall conuuct
monthly peisonal inspections of piovincial, city, anu municipal jails anu the piisoneis within theii iespective
juiisuictions. They shall asceitain the numbei of uetainees, inquiie on theii piopei accommouation anu health anu
examine the conuition of the jail facilities. They shall oiuei the segiegation of sexes anu of minois fiom auults,
ensuie the obseivance of the iight of uetainees to confei piivately with counsel, anu stiive to eliminate conuitions
inimical to the uetainees.
In cities anu municipalities to be specifieu by the Supieme Couit, the municipal tiial juuges oi municipal ciicuit
tiial juuges shall conuuct monthly peisonal inspections of the municipal jails in theii iespective municipalities anu
submit a iepoit to the executive juuge of the Regional Tiial Couit having juiisuiction theiein.
A monthly iepoit of such visitation shall be submitteu by the executive juuges to the Couit Auministiatoi which
shall state the total numbei of uetainees, the names of those helu foi moie than thiity (Su) uays, the uuiation of
uetention, the ciime chaigeu, the status of the case, the cause foi uetention, anu othei peitinent infoimation.

Sec. 26. Bail not a bai to objections on illegal aiiest, lack of oi iiiegulai pieliminaiy investigation. - An
application foi oi aumission to bail shall not bai the accuseu fiom challenging the valiuity of his aiiest oi the
legality of the waiiant issueu theiefoie, oi fiom assailing the iegulaiity oi questioning the absence of a pieliminaiy
investigation of the chaige against him, pioviueu that he iaises them befoie enteiing his plea. The couit shall
iesolve the mattei as eaily as piacticable but not latei than the stait of the tiial of the case.
%*+#$44K$6$%'G"!($,-$1..*(#)

Section 1. Rights of accuseu at tiial. - In all ciiminal piosecutions, the accuseu shall be entitleu to the following
iights:
(a) To be piesumeu innocent until the contiaiy is pioveu beyonu ieasonable uoubt.
(b) To be infoimeu of the natuie anu cause of the accusation against him.
(c) To be piesent anu uefenu in peison anu by counsel at eveiy stage of the pioceeuings, fiom aiiaignment to
piomulgation of the juugment. The accuseu may, howevei, waive his piesence at the tiial puisuant to the
stipulations set foith in his bail, unless his piesence is specifically oiueieu by the couit foi puiposes of
iuentification. The absence of the accuseu without justifiable cause at the tiial of which he hau notice shall be
consiueieu a waivei of his iight to be piesent theieat. When an accuseu unuei custouy escapes, he shall be ueemeu
to have waiveu his iight to be piesent on all subsequent tiial uates until custouy ovei him is iegaineu. 0pon motion,
the accuseu may be alloweu to uefenu himself in peison when it sufficiently appeais to the couit that he can
piopeily piotect his iights without the assistance of counsel.
(u) To testify as a witness in his own behalf but subject to cioss-examination on matteis coveieu by uiiect
examination. Bis silence shall not in any mannei piejuuice him.
(e) To be exempt fiom being compelleu to be a witness against himself.
(f) To confiont anu cioss-examine the witnesses against him at the tiial. Eithei paity may utilize as pait of its
eviuence the testimony of a witness who is ueceaseu, out of oi can not with uue uiligence be founu in the
Philippines, unavailable, oi otheiwise unable to testify, given in anothei case oi pioceeuing, juuicial oi
auministiative, involving the same paities anu subject mattei, the auveise paity having the oppoitunity to cioss-
examine him.
(g) To have compulsoiy piocess issueu to secuie the attenuance of witnesses anu piouuction of othei eviuence in
his behalf.
(h) To have speeuy, impaitial anu public tiial.
(i) To appeal in all cases alloweu anu in the mannei piesciibeu by law.
R0LE 116 - ARRAIuNNENT ANB PLEA

Section 1. Aiiaignment anu plea; how maue. - (a) The accuseu must be aiiaigneu befoie the couit wheie the
complaint oi infoimation was fileu oi assigneu foi tiial. The aiiaignment shall be maue in open couit by the juuge
oi cleik by fuinishing the accuseu with a copy of the complaint oi infoimation, ieauing the same in the language oi
uialect known to him, anu asking him whethei he pleaus guilty oi not guilty. The piosecution may call at the tiial
witnesses othei than those nameu in the complaint oi infoimation.
(b) The accuseu must be piesent at the aiiaignment anu must peisonally entei his plea. Both aiiaignment anu
plea shall be maue of iecoiu, but failuie to uo so shall not affect the valiuity of the pioceeuings.
(c) When the accuseu iefuses to pleau oi makes a conuitional plea, a plea of not guilty shall be enteieu foi him.
(u) When the accuseu pleaus guilty but piesents exculpatoiy eviuence, his plea shall be ueemeu withuiawn anu a
plea of not guilty shall be enteieu foi him.
(e) When the accuseu is unuei pieventive uetention, his case shall be iaffleu anu its iecoius tiansmitteu to the
juuge to whom the case was iaffleu within thiee (S) uays fiom the filing of the infoimation oi complaint. The
accuseu shall be aiiaigneu within ten (1u) uays fiom the uate of the iaffle. The pie-tiial confeience of his case shall
be helu within ten (1u) uays aftei aiiaignment.
(f) The piivate offenueu paity shall be iequiieu to appeai at the aiiaignment foi puiposes of plea baigaining,
ueteimination of civil liability, anu othei matteis iequiiing his piesence. In case of failuie of the offenueu paity to
appeai uespite uue notice, the couit may allow the accuseu to entei a plea of guilty to a lessei offense which is
necessaiily incluueu in the offense chaigeu with the confoimity of the tiial piosecutoi alone.
(g) 0nless a shoitei peiiou is pioviueu by special law oi Supieme Couit ciiculai, the aiiaignment shall be helu
within thiity (Su) uays fiom the uate the couit acquiies juiisuiction ovei the peison of the accuseu. The time of the
penuency of a motion to quash oi foi a bill oi paiticulais oi othei causes justifying suspension of the aiiaignment
shall be excluueu in computing the peiiou.

Sec. 2. Plea of guilty to a lessei offense. - At aiiaignment, the accuseu, with the consent of the offenueu paity anu
piosecutoi, may be alloweu by the tiial couit to pleau guilty to a lessei offense which is necessaiily incluueu in the
offense chaigeu. Aftei aiiaignment but befoie tiial, the accuseu may still be alloweu to pleau guilty to saiu lessei
offense aftei withuiawing his plea of not guilty. No amenument of the complaint oi infoimation is necessaiy.

Sec. S. Plea of guilty to capital offense; ieception of eviuence. - When the accuseu pleaus guilty to a capital
offense, the couit shall conuuct a seaiching inquiiy into the voluntaiiness anu full compiehension of the
consequences of his plea anu shall iequiie the piosecution to piove his guilt anu the piecise uegiee of culpability.
The accuseu may piesent eviuence in his behalf.

Sec. 4. Plea of guilty to non-capital offense; ieception of eviuence, uiscietionaiy. - When the accuseu pleaus guilty
to a non-capital offense, the couit may ieceive eviuence fiom the paities to ueteimine the penalty to be imposeu.

Sec. S. Withuiawal of impioviuent plea of guilty.- At any time befoie the juugment of conviction becomes final,
the couit may peimit an impioviuent plea of guilty to be withuiawn anu be substituteu by a plea of not guilty.

Sec. 6. Buty of couit to infoim accuseu of his iight to counsel. - Befoie aiiaignment, the couit shall infoim the
accuseu of his iight to counsel anu ask him if he uesiies to have one. 0nless the accuseu is alloweu to uefenu
himself in peison oi has employeu counsel of his choice, the couit must assign a counsel ue officio to uefenu him.

Sec. 7. Appointment of counsel ue officio. - The couit, consiueiing the giavity of the offense anu the uifficulty of
the questions that may aiise, shall appoint as counsel ue officio such membeis of the bai in goou stanuing who, by
ieason of theii expeiience anu ability, can competently uefenu the accuseu. But in localities wheie such membeis of
the bai aie not available, the couit may appoint any peison, iesiuent of the piovince anu of goou iepute foi piobity
anu ability, to uefenu the accuseu.

Sec. 8. Time foi counsel ue officio to piepaie foi aiiaignment. - Whenevei a counsel ue office is appointeu by the
couit to uefenu the accuseu at the aiiaignment, he shall be given a ieasonable time to consult with the accuseu as
to his plea befoie pioceeuing with the aiiaignment.

Sec. 9. Bill of paiticulais. - The accuseu may, befoie aiiaignment, move foi a bill of paiticulais to enable him
piopeily to pleau anu piepaie foi tiial. The motion shall specify the allegeu uefects of the complaint oi infoimation
anu the uetails uesiieu.

Sec. 1u. Piouuction oi inspection of mateiial eviuence in possession of piosecution. - 0pon motion of the accuseu
showing goou cause anu with notice to the paities, the couit, in oiuei to pievent suipiise, suppiession, oi
alteiation, may oiuei the piosecution to piouuce anu peimit the inspection anu copying oi photogiaphing of any
wiitten statement given by the complainant anu othei witnesses in any investigation of the offense conuucteu by
the piosecution oi othei investigating officeis, as well as any uesignateu uocuments, papeis, books, accounts,
letteis, photogiaphs, object, oi tangible things not otheiwise piivilegeu, which constitute oi contain eviuence
mateiial to any mattei involveu in the case anu which aie in the possession oi unuei the contiol of the piosecution,
police, oi othei law investigating agencies.

Sec. 11. Suspension of aiiaignment. - 0pon motion by the piopei paity, the aiiaignment shall be suspenueu in
the following cases:
(a) The accuseu appeais to be suffeiing fiom an unsounu mental conuition which effectively ienueis him unable to
fully unueistanu the chaige against him anu to pleau intelligently theieto. In such case, the couit shall oiuei his
mental examination anu, if necessaiy, his confinement foi such puipose;
(b) Theie exists a piejuuicial question; anu
(c) A petition foi ieview of the iesolution of the piosecutoi is penuing at eithei the Bepaitment of }ustice, oi the
0ffice of the Piesiuent; pioviueu, that the peiiou of suspension shall not exceeu sixty (6u) uays counteu fiom the
filing of the petition with the ieviewing office.
R0LE 117 - N0TI0N T0 Q0ASB

Section 1. Time to move to quash. - At any time befoie enteiing his plea, the accuseu may move to quash the
complaint oi infoimation.

Sec. 2. Foim anu contents. - The motion to quash shall be in wiiting, signeu by the accuseu oi his counsel anu
shall uistinctly specify its factual anu legal giounus. The couit shall consiuei no giounu othei than those stateu in
the motion, except lack of juiisuiction ovei the offense chaigeu.

Sec. S. uiounus. - The accuseu may move to quash the complaint oi infoimation on any of the following giounus:
(a) That the facts chaigeu uo not constitute an offense;
(b) That the couit tiying the case has no juiisuiction ovei the offense chaigeu;
(c) That the couit tiying the case has no juiisuiction ovei the peison of the accuseu;
(u) That the officei who fileu the infoimation hau no authoiity to uo so;
(e) That it uoes not confoim substantially to the piesciibeu foim;
(f) That moie than one offense is chaigeu except when a single punishment foi vaiious offenses is piesciibeu by
law;
(g) That the ciiminal action oi liability has been extinguisheu;
(h) That it contains aveiments which, if tiue, woulu constitute a legal excuse oi justification; anu
(i) That the accuseu has been pieviously convicteu oi acquitteu of the offense chaigeu, oi the case against him was
uismisseu oi otheiwise teiminateu without his expiess consent.
Sec. 4. Amenument of complaint oi infoimation. - If the motion to quash is baseu on an allegeu uefect of the
complaint oi infoimation which can be cuieu by amenument, the couit shall oiuei that an amenument be maue.
If it is baseu on the giounu that the facts chaigeu uo not constitute an offense, the piosecution shall be given by
the couit an oppoitunity to coiiect the uefect by amenument. The motion shall be gianteu if the piosecution fails to
make the amenument, oi the complaint oi infoimation still suffeis fiom the same uefect uespite the amenument.

Sec. S. Effect of sustaining the motion to quash. - If the motion to quash is sustaineu, the couit may oiuei that
anothei complaint oi infoimation be fileu except as pioviueu in section 6 of this iule. If the oiuei is maue, the
accuseu, if in custouy, shall not be uischaigeu unless aumitteu to bail. If no oiuei is maue oi if having been maue, no
new infoimation is fileu within the time specifieu in the oiuei oi within such fuithei time as the couit may allow
foi goou cause, the accuseu, if in custouy, shall be uischaigeu unless he is also in custouy of anothei chaige.

Sec. 6. 0iuei sustaining the motion to quash not a bai to anothei piosecution; exception. - An oiuei sustaining
the motion to quash is not a bai to anothei piosecution foi the same offense unless the motion was baseu on the
giounus specifieu in section S (g) anu (i) of this Rule.

Sec. 7. Foimei conviction oi acquittal; uouble jeopaiuy. - When an accuseu has been convicteu oi acquitteu, oi
the case against him uismisseu oi otheiwise teiminateu without his expiess consent by a couit of competent
juiisuiction, upon a valiu complaint oi infoimation oi othei foimal chaige sufficient in foim anu substance to
sustain a conviction anu aftei the accuseu hau pleaueu to the chaige, the conviction oi acquittal of the accuseu oi
the uismissal of the case shall be a bai to anothei piosecution foi the offense chaigeu, oi foi any attempt to commit
the same oi fiustiation theieof, oi foi any offense which necessaiily incluues oi is necessaiily incluueu in the
offense chaigeu in the foimei complaint oi infoimation.
Bowevei, the conviction of the accuseu shall not be a bai to anothei piosecution foi an offense which necessaiily
incluues the offense chaigeu in the foimei complaint oi infoimation unuei any of the following instances:
(a) the giavei offense uevelopeu uue to supeivening facts aiising fiom the same act oi omission constituting the
foimei chaige;
(b) the facts constituting the giavei chaige became known oi weie uiscoveieu only aftei a plea was enteieu in the
foimei complaint oi infoimation; oi
(c) the plea of guilty to the lessei offense was maue without the consent of the piosecutoi anu of the offenueu paity
except as pioviueu in section 1(f) of Rule 116.
In any of the foiegoing cases, wheie the accuseu satisfies oi seives in whole oi in pait the juugment, he shall be
cieuiteu with the same in the event of conviction foi the giavei offense.
Sec. 8. Piovisional uismissal. - A case shall not be piovisionally uismisseu except with the expiess consent of the
accuseu anu with notice to the offenueu paity.
The piovisional uismissal of offenses punishable by impiisonment not exceeuing six (6) yeais oi a fine of any
amount, oi both, shall become peimanent one (1) yeai aftei issuance of the oiuei without the case having been
ieviveu. With iespect to offenses punishable by impiisonment of moie than six (6) yeais, theii piovisional
uismissal shall become peimanent two (2) yeais aftei issuance of the oiuei without the case having been ieviveu.

Sec. 9. Failuie to move to quash oi to allege any giounu theiefoie. - The failuie of the accuseu to asseit any giounu
of a motion to quash befoie he pleaus to the complaint oi infoimation, eithei because he uiu not file a motion to
quash oi faileu to allege the same in saiu motion, shall be ueemeu a waivei of any objections except those baseu on
the giounus pioviueu foi in paiagiaphs (a), (b), (g), anu (i) of section S of this Rule.
%*+#$44L$6$2%#6!%'1+

Section 1. Pie-tiial; manuatoiy in ciiminal cases. - In all ciiminal cases cognizable by the Sanuiganbayan,
Regional Tiial Couit, Netiopolitan Tiial Couit, Nunicipal Tiial Couit in Cities, Nunicipal Tiial Couit anu Nunicipal
Ciicuit Tiial Couit, the couit shall, aftei aiiaignment anu within thiity (Su) uays fiom the uate the couit acquiies
juiisuiction ovei the peison of the accuseu, unless a shoitei peiiou is pioviueu foi in special laws oi ciiculais of the
Supieme Couit, oiuei a pie-tiial confeience to consiuei the following:
(a) plea baigaining;
(b) stipulation of facts;
(c) maiking foi iuentification of eviuence of the paities;
(u) waivei of objections to aumissibility of eviuence;
(e) mouification of the oiuei of tiial if the accuseu aumits the chaige but inteiposes a lawful uefense; anu
(f) such matteis as will piomote a faii anu expeuitious tiial of the ciiminal anu civil aspects of the case.
Sec. 2. Pie-tiial agieement. - All agieements oi aumissions maue oi enteieu uuiing the pie-tiial confeience shall
be ieuuceu in wiiting anu signeu by the accuseu anu counsel, otheiwise, they cannot be useu against the accuseu.
The agieements coveiing the matteis iefeiieu to in section 1 of this Rule shall be appioveu by the couit.
Sec. S. Non-appeaiance at pie-tiial confeience. - If the counsel foi the accuseu oi the piosecutoi uoes not appeai
at the pie-tiial confeience anu uoes not offei an acceptable excuse foi his lack of coopeiation, the couit may
impose piopei sanctions oi penalties.
Sec. 4. Pie-tiial oiuei. - Aftei the pie-tiial confeience, the couit shall issue an oiuei ieciting the actions taken, the
facts stipulateu, anu eviuence maikeu. Such oiuei shall binu the paities, limit the tiial to matteis not uisposeu of,
anu contiol the couise f the action uuiing the tiial, unless mouifieu by the couit to pievent manifest injustice.
R0LE 119 - TRIAL

Section 1. Time to piepaie foi tiial. - Aftei a plea of not guilty is enteieu, the accuseu shall have at least fifteen
(1S) uays to piepaie foi tiial. The tiial shall commence within thiity (Su) uays fiom ieceipt of the pie-tiial oiuei.

Sec. 2. Continuous tiial until teiminateu; postponements. - Tiial once commenceu shall continue fiom uay to uay
as fai as piacticable until teiminateu. It may be postponeu foi a ieasonable peiiou of time foi goou cause.
The couit shall, aftei consultation with the piosecutoi anu uefense counsel, set the case foi continuous tiail on a
weekly oi othei shoit-teim tiial calenuai at the eailiest possible time so as to ensuie speeuy tiial. In no case shall
the entiie tiial peiiou exceeu one hunuieu eighty (18u) uays fiom the fiist uay of tiial, except as otheiwise
authoiizeu by the Supieme Couit.
The time limitations pioviueu unuei this section anu the pieceuing section shall not apply wheie special laws oi
ciiculais of the Supieme Couit pioviue foi a shoitei peiiou of tiial.

Sec. S. Exclusions. - The following peiious of uelay shall be excluueu in computing the time within which tiial
must commence:
(a) Any peiiou of uelay iesulting fiom othei pioceeuings conceining the accuseu, incluuing but not limiteu to the
following:
(1) Belay iesulting fiom an examination of the physical anu mental conuition of the accuseu;
(2) Belay iesulting fiom pioceeuings with iespect to othei ciiminal chaiges against the accuseu;
(S) Belay iesulting fiom extiaoiuinaiy iemeuies against inteilocutoiy oiueis;
(4) Belay iesulting fiom pie-tiial pioceeuings; pioviueu, that the uelay uoes not exceeu thiity (Su) uays;
(S) Belay iesulting fiom oiueis of inhibition, oi pioceeuings ielating to change of venue of cases oi tiansfei fiom
othei couits;
(6) Belay iesulting fiom a finuing of existence of a piejuuicial question; anu
(7) Belay ieasonably attiibutable to any peiiou, not to exceeu thiity (Su) uays, uuiing which any pioceeuing
conceining the accuseu is actually unuei auvisement.
(b) Any peiiou of uelay iesulting fiom the absence oi unavailability of an essential witness.
Foi puiposes of this subpaiagiaph, an essential witness shall be consiueieu absent when his wheieabouts aie
unknown oi his wheieabouts cannot be ueteimineu by uue uiligence. Be shall be consiueieu unavailable whenevei
his wheieabouts aie known but his piesence foi tiial cannot be obtaineu by uue uiligence.
(c) Any peiiou of uelay iesulting fiom the mental incompetence oi physical inability of the accuseu to stanu tiial.
(u) If the infoimation is uismisseu upon motion of the piosecution anu theieaftei a chaige is fileu against the
accuseu foi the same offense, any peiiou of uelay fiom the uate the chaige was uismisseu to the uate the time
limitation woulu commence to iun as to the subsequent chaige hau theie been no pievious chaige.
(e) A ieasonable peiiou of uelay when the accuseu is joineu foi tiial with a co-accuseu ovei whom the couit has
not acquiieu juiisuiction, oi, as to whom the time foi tiial has not iun anu no motion foi sepaiate tiial has been
gianteu.
(f) Any peiiou of uelay iesulting fiom a continuance gianteu by any couit motu piopiio, oi on motion of eithei
the accuseu oi his counsel, oi the piosecution, if the couit gianteu the continuance on the basis of its finuings set
foith in the oiuei that the enus of justice seiveu by taking such action outweigh the best inteiest of the public anu
the accuseu in a speeuy tiial.

Sec. 4. Factois foi gianting continuance. - The following factois, among otheis, shall be consiueieu by a couit in
ueteimining whethei to giant a continuance unuei section S(f) of this Rule.
(a) Whethei oi not the failuie to giant a continuance in the pioceeuing woulu likely make a continuation of such
pioceeuing impossible oi iesult in a miscaiiiage of justice; anu
(b) Whethei oi not the case taken as a whole is so novel, unusual anu complex, uue to the numbei of accuseu oi
the natuie of the piosecution, oi that it is unieasonable to expect auequate piepaiation within the peiious of time
establisheu theiein.
In auuition, no continuance unuei section S(f) of this Rule shall be gianteu because of congestion of the couit's
calenuai oi lack of uiligent piepaiation oi failuie to obtain available witnesses on the pait of the piosecutoi.

Sec. S. Time limit following an oiuei foi new tiial. - If the accuseu is to be tiieu again puisuant to an oiuei foi a
new tiial, the tiial shall commence within thiity (Su) uays fiom notice of the oiuei, pioviueu that if the peiiou
becomes impiactical uue to unavailability of witnesses anu othei factois, the couit may extenu but not to exceeu
one hunuieu eighty (18u) uays. Foi the seconu twelve-month peiiou, the time limit shall be one hunuieu eighty
(18u) uays fiom notice of saiu oiuei foi new tiial.

Sec. 6. Extenueu time limit. - Notwithstanuing the piovisions of section 1(g), Rule 116 anu the pieceuing section
1, foi the fiist twelve-calenuai-month peiiou following its effectivity on Septembei 1S, 1998, the time limit with
iespect to the peiiou fiom aiiaignment to tiial imposeu by saiu piovision shall be one hunuieu eighty (18u) uays.
Foi the seconu twelve-month peiiou, the time limit shall be one hunuieu twenty (12u) uays, anu foi the thiiu
twelve-month peiiou, the time limit shall be eighty (8u) uays.

Sec. 7. Public attoiney's uuties wheie accuseu is impiisoneu. - If the public attoiney assigneu to uefenu a peison
chaigeu with a ciime knows that he lattei is pieventively uetaineu, eithei because he is chaigeu with a bailable
ciime but has no means to post bail, oi, is chaigeu with a non-bailable ciime, oi, is seiving a teim of impiisonment
in any penal institution, it shall be his uuty to uo the following:
(a) Shall piomptly unueitake to obtain the piesence of the piisonei foi tiial oi cause a notice to be seiveu on the
peison having custouy of the piisonei iequiiing such peison to so auvise the piisonei of his iight anu uemanu tiial.
(b) 0pon ieceipt of that notice, the custouian of the piisonei shall piomptly auvise the piisonei of the chaige anu of
his iight to uemanu tiial. If at anytime theieaftei the piisonei infoims his custouian that he uemanus such tiial, the
lattei shall cause notice to that effect to be sent piomptly to the public attoiney.
(c) 0pon ieceipt of such notice, the public attoiney shall piomptly seek to obtain the piesence of the piisonei foi
tiial.
(u) When the custouian of the piisonei ieceives fiom the public attoiney a piopeily suppoiteu iequest foi the
availability of the piisonei foi puipose of tiial, the piisonei shall be maue available accoiuingly.
Sec. 8. Sanctions. - In any case in which piivate counsel foi the accuseu, the public attoiney, oi the piosecutoi:

(a) Knowingly allows the case to be set foi tiial without uisclosing that a necessaiy witness woulu be unavailable
foi tiial;
(b) Files a motion solely foi uelay which he knows is totally fiivolous anu without meiit;
(c) Nakes a statement foi the puipose of obtaining continuance which he knows to be false anu which is mateiial to
the gianting of a continuance; oi
(u) Willfully fails to pioceeu to tiial without justification consistent with the piovisions heieof, the couit may
punish such counsel, attoiney, oi piosecutoi, as follows:

(1) By imposing on a counsel piivately ietaineu in connection with the uefense o fan accuseu, a fine not exceeuing
twenty thousanu pesos (P2u,uuu.uu);
(2) By imposing on any appointeu counsel ue officio, public attoiney, oi piosecutoi a fine not exceeuing five
thousanu pesos (PS,uuu.uu); anu
(S) By uenying any uefense counsel oi piosecutoi the iight to piactice befoie the couit tiying the case foi a peiiou
not exceeuing thiity (Su) uays. The punishment pioviueu foi by this section shall be without piejuuice to any
appiopiiate ciiminal action oi othei sanction authoiizeu unuei these iules.
Sec. 9. Remeuy wheie accuseu is not biought to tiial within the time limit. - If the accuseu is not biought to tiial
within the time limit iequiieu by Section 1(g), Rule 116 anu Section 1, as extenueu by Section 6 of this Rule, the
infoimation may be uismisseu on motion of the accuseu on the giounu of uenial of his iight to speeuy tiial. The
accuseu shall have the buiuen of pioving the motion but the piosecution shall have the buiuen of going foiwaiu
with the eviuence to establish the exclusion of time unuei section S of this iule. The uismissal shall be subject to the
iules on uouble jeopaiuy.
Failuie of the accuseu to move foi uismissal piioi to tiial shall constitute a waivei of the iight to uismiss unuei
this section.

Sec. 1u. Law on speeuy tiial not a bai to piovision on speeuy tiial in the Constitution. - No piovision of law on
speeuy tiial anu no iule implementing the same shall be inteipieteu as a bai to any chaige of uenial of the iight to
speeuy tiial guaianteeu by Section 14(2), Aiticle III, of the 1987 Constitution.

Sec. 11. 0iuei of tiial. - The tiial shall pioceeu in the following oiuei:
(a) The piosecution shall piesent eviuence to piove the chaige anu, in the piopei case, the civil liability.
(b) The accuseu may piesent eviuence to piove his uefense anu uamages, if any, aiising, fiom the issuance of a
piovisional iemeuy in the case.
(c) The piosecution anu the uefense may, in that oiuei, piesent iebuttal anu sui-iebuttal eviuence unless the couit,
in fuitheiance of justice, peimits them to piesent auuitional eviuence beaiing upon the main issue.
(u) 0pon aumission of eviuence of the paities, the case shall be ueemeu submitteu foi uecision unless the couit
uiiects them to aigue oially oi to submit wiitten memoianua.
(e) When the accuseu aumits the act oi omission chaigeu in the complaint oi infoimation but inteiposes a lawful
uefense, the oiuei of tiial may be mouifieu.
Sec. 12. Application foi examination of witness foi accuseu befoie tiial. - When the accuseu has been helu to
answei foi an offense, he may, upon motion with notice to the othei paities, have witnesses conuitionally examineu
in his behalf. The motion shall state: (a) the name anu iesiuence of the witness; (b) the substance of his testimony;
anu (c) that the witness is sick oi infiim as to affoiu ieasonable giounu foi believing that he will not be able to
attenu the tiial, oi iesiues moie than one hunuieu (1uu) kilometeis fiom the place of tiial anu has no means to
attenu the same, oi that othei similai ciicumstances exist that woulu make him unavailable oi pievent him fiom
attenuing the tiial. The motion shall be suppoiteu by an affiuavit of the accuseu anu such othei eviuence as the
couit may iequiie.
Sec. 1S. Examination of uefense witness; how maue. - If the couit is satisfieu that the examination of a witness foi
the accuseu is necessaiy, an oiuei shall be maue uiiecting that the witness be examineu at a specific uate, time anu
place anu that a copy of the oiuei be seiveu on the piosecutoi at least thiee (S) uays befoie the scheuuleu
examination. The examination shall be taken befoie a juuge, oi, if not piacticable, a membei of the Bai in goou
stanuing so uesignateu by the juuge in the oiuei, oi if the oiuei be maue by a couit of supeiioi juiisuiction, befoie
an infeiioi couit to be uesignateu theiein. The examination shall pioceeu notwithstanuing the absence of the
piosecutoi pioviueu he was uuly notifieu of the heaiing. A wiitten iecoiu of the testimony shall be taken.
Sec. 14. Bail to secuie appeaiance of mateiial witness. - When the couit is satisfieu, upon pioof of oath, that a
mateiial witness will not testify when iequiieu, it may, upon motion of eithei paity, oiuei the witness to post bail in
such sum as may be ueemeu piopei. 0pon iefusal to post bail, the couit shall commit him to piison until he
complies oi is legally uischaigeu aftei his testimony has been taken.

Sec. 1S. Examination of witness foi the piosecution.- When it is satisfactoiily appeais that a witness foi the
piosecution is too sick oi infiim to appeai at the tiial as uiiecteu by the couit, of has to leave the Philippines with
no uefinite uate of ietuining, he may foithwith be conuitionally examineu befoie the couit wheie the case is
penuing. Such examination, in the piesence of the accuseu, oi in his absence aftei ieasonable notice to attenu the
examination has been seiveu on him, shall be conuucteu in the same mannei as an examination at the tiial. Failuie
oi iefusal of the accuseu to attenu the examination at the tiial. Failuie oi iefusal of the accuseu to attenu the
examination aftei notice shall be consiueieu a waivei. The statement taken may be aumitteu in behalf of oi against
the accuseu.
Sec. 16. Tiial of seveial accuseu. - When two oi moie accuseu aie jointly chaigeu with an offense, they shall be
tiieu jointly unless the couit, in its uiscietion anu upon motion of the piosecutoi oi any accuseu, oiueis sepaiate
tiial foi one oi moie accuseu.

Sec. 17. Bischaige of accuseu to be state witness. - When two oi moie peisons aie jointly chaigeu with the
commission of any offense, upon motion of the piosecution befoie iesting its case, the couit may uiiect one oi
moie of the accuseu to be uischaigeu with theii consent so that they may be witnesses foi the state when, aftei
iequiiing the piosecution to piesent eviuence anu the swoin statement of each pioposeu state witness at a heaiing
in suppoit of the uischaige, the couit is satisfieu that:
(a) Theie is absolute necessity foi the testimony of the accuseu whose uischaige is iequesteu;
(b) Theie is no othei uiiect eviuence available foi the piopei piosecution of the offense committeu, except the
testimony of saiu accuseu;
(c) The testimony of saiu accuseu can be substantially coiioboiateu in its mateiial points;
(u) Saiu accuseu uoes not appeai to be the most guilty; anu
(e) Saiu accuseu has not at any time been convicteu of any offense involving moial tuipituue.
Eviuence auuuceu in suppoit of the uischaige shall automatically foim pait of the tiial. If the couit uenies the
motion foi uischaige of the accuseu as state witness, his swoin statement shall be inaumissible in eviuence.
Sec. 18. Bischaige of accuseu opeiates as acquittal. - The oiuei inuicateu in the pieceuing section shall amount to
an acquittal of the uischaigeu accuseu anu shall be a bai to futuie piosecution foi the same offense, unless the
accuseu fails oi iefuses to testify against his co-accuseu in accoiuance with his swoin statement constituting the
basis foi his uischaige.

Sec. 19. When mistake has been maue in chaiging the piopei offense. - When it becomes manifest at any time
befoie juugment that a mistake has been maue in chaiging the piopei offense anu the accuseu cannot be convicteu
of the offense chaigeu oi any othei offense necessaiily incluueu theiein, the accuseu shall not be uischaigeu if
theie appeais goou cause to uetain him. In such case, the couit shall commit the accuseu to answei foi the piopei
offense anu uismiss the oiiginal case upon the filing of the piopei infoimation.
Sec. 2u. Appointment of acting piosecutoi. - When a piosecutoi, his assistant oi ueputy is uisqualifieu to act uue
to any of the giounus stateu in section 1 of Rule 1S7 oi foi any othei ieason, the juuge oi the piosecutoi shall
communicate with the Secietaiy of }ustice in oiuei that the lattei may appoint an acting piosecutoi.
Sec. 21. Exclusion of the public. - The juuge may, motu piopiio, excluue the public fiom the couitioom if the
eviuence to be piouuceu uuiing the tiial is offensive to uecency oi public moials. Be may also, on motion of the
accuseu, excluue the public fiom the tiial except couit peisonnel anu the counsel of the paities.
Sec. 22. Consoliuation of tiials of ielateu offenses. - Chaiges foi offenses founueu on the same facts oi foiming
pait of a seiies of offenses of similai chaiactei may be tiieu jointly at the uiscietion of the couit.

Sec. 2S. Bemuiiei to eviuence. - Aftei the piosecution iests its case, the couit may uismiss the action on the
giounu of insufficiency of eviuence (1) on its own initiative aftei giving the piosecution the oppoitunity to be heaiu
oi (2) upon uemuiiei to eviuence fileu by the accuseu with oi without leave of couit.
If the couit uenies the uemuiiei to eviuence fileu with leave of couit, the accuseu may auuuce eviuence in his
uefense. When the uemuiiei to eviuence is fileu without leave of couit, the accuseu waives the iight to piesent
eviuence anu submits the case foi juugment on the basis of the eviuence foi the piosecution.
The motion foi leave of couit to file uemuiiei to eviuence shall specifically state its giounus anu shall be fileu
within a non-extenuible peiiou of five (S) uays aftei the piosecution iests its case. The piosecution may oppose the
motion within a non-extenuible peiiou of five (S) uays fiom its ieceipt.
If leave of couit is gianteu, the accuseu shall file the uemuiiei to eviuence within a non-extenuible peiiou of ten
(1u) uays fiom notice. The piosecution may oppose the uemuiiei to eviuence within a similai peiiou fiom its
ieceipt.
The oiuei uenying the motion foi leave of couit to file uemuiiei to eviuence oi the uemuiiei itself shall not be
ieviewable by appeal oi by ceitioiaii befoie juugment.

Sec. 24. Reopening. - At any time befoie finality of the juugment of conviction, the juuge may, motu piopiio oi
upon motion, with heaiing in eithei case, ieopen the pioceeuings to avoiu a miscaiiiage of justice. The pioceeuings
shall be teiminateu within thiity (Su) uays fiom the oiuei gianting it.

%*+#$475$6$M*)G/#0!

Section 1. }uugment; uefinition anu foim. - }uugment is the aujuuication by the couit that the accuseu is guilty oi
not guilty of the offense chaigeu anu the imposition on him of the piopei penalty anu civil liability, if any. It must be
wiitten in the official language, peisonally anu uiiectly piepaieu by the juuge anu signeu by him anu shall contain
cleaily anu uistinctly a statement of the facts anu the law upon which it is baseu.

Sec. 2. Contents of the juugment. - If the juugment is of conviction, it shall state (1) the legal qualification of the
offense constituteu by the acts committeu by the accuseu anu the aggiavating oi mitigating ciicumstances which
attenueu its commission; (2) the paiticipation of the accuseu in the offense, whethei as piincipal, accomplice, oi
accessoiy aftei the fact; (S) the penalty imposeu upon the accuseu; anu (4) the civil liability oi uamages causeu by
his wiongful act oi omission to be iecoveieu fiom the accuseu by the offenueu paity, if theie is any, unless the
enfoicement of the civil liability by a sepaiate civil action has been ieseiveu oi waiveu.
In case the juugment is of acquittal, it shall state whethei the eviuence of the piosecution absolutely faileu to
piove the guilt of the accuseu oi meiely faileu to piove his guilt beyonu ieasonable uoubt. In eithei case, the
juugment shall ueteimine if the act oi omission fiom which the civil liability might aiise uiu not exist.

Sec. S. }uugment foi two oi moie offenses. - When two oi moie offenses aie chaigeu in a single complaint oi
infoimation but the accuseu fails to object to it befoie tiial, the couit may convict him of as many offenses as aie
chaigeu anu pioveu, anu impose on him the penalty foi each offense, setting out sepaiately the finuings of fact anu
law in each offense.

Sec. 4. }uugment in case of vaiiance between allegation anu pioof. - When theie is vaiiance between the offense
chaigeu in the complaint oi infoimation anu that pioveu, anu the offense as chaigeu is incluueu in oi necessaiily
incluues the offense pioveu, the accuseu shall be convicteu of the offense pioveu which is incluueu in the offense
chaigeu, oi of the offense chaigeu which is incluueu in the offense pioveu.

Sec. S. When an offense incluues oi is incluueu in anothei. - An offense chaigeu necessaiily incluues the offense
pioveu when some of the essential elements oi ingieuients of the foimei, as allegeu in the complaint oi
infoimation, constitute the lattei. Anu an offense chaigeu is necessaiily incluueu in the offense pioveu, when the
essential ingieuients of the foimei constitute oi foim pait of those constituting the lattei.

Sec. 6. Piomulgation of juugment. - The juugment is piomulgateu by ieauing it in the piesence of the accuseu anu
any juuge of the couit in which it was ienueieu. Bowevei, if the conviction is foi a light offense, the juugment may
be pionounceu in the piesence of his counsel oi iepiesentative. When the juuge is absent oi outsiue the piovince
oi city, the juugment may be piomulgateu by the cleik of couit.
If the accuseu is confineu oi uetaineu in anothei piovince oi city, the juugment may be piomulgateu by the
executive juuge of the Regional Tiial Couit having juiisuiction ovei the place of confinement oi uetention upon
iequest of the couit which ienueieu the juugment. The couit piomulgating the juugment shall have authoiity to
accept the notice of appeal anu to appiove the bail bonu penuing appeal; pioviueu, that if the uecision of the tiial
couit convicting the accuseu changeu the natuie of the offense fiom non-bailable to bailable, the application foi
bail can only be fileu anu iesolveu by the appellate couit.
The piopei cleik of couit shall give notice to the accuseu peisonally oi thiough his bonusman oi waiuen anu
counsel, iequiiing him to be piesent at the piomulgation of the uecision. If the accuseu was tiieu in absentia
because he jumpeu bail oi escapeu fiom piison, the notice to him shall be seiveu at his last known auuiess.
In case the accuseu fails to appeai at the scheuuleu uate of piomulgation of juugment uespite notice, the
piomulgation shall be maue by iecoiuing the juugment in the ciiminal uocket anu seiving him a copy theieof at his
last known auuiess oi thiu his counsel.
If the juugment is foi conviction anu the failuie of the accuseu to appeai was without justifiable cause, he shall
lose the iemeuies available in these iules against the juugment anu the couit shall oiuei his aiiest. Within fifteen
(1S) uays fiom piomulgation of juugment, howevei, the accuseu may suiienuei anu file a motion foi leave of couit
to avail of these iemeuies. Be shall state the ieasons foi his absence at the scheuuleu piomulgation anu if he pioves
that his absence was foi a justifiable cause, he shall be alloweu to avail of saiu iemeuies within fifteen (1S) uays
fiom notice.

Sec. 7. Nouification of juugment. - A juugment of conviction may, upon motion of the accuseu, be mouifieu oi set
asiue befoie it becomes final oi befoie appeal is peifecteu. Except wheie the ueath penalty is imposeu, a juugment
becomes final aftei the lapse of the peiiou foi peifecting an appeal, oi when the sentence has been paitially oi
totally satisfieu oi seiveu, oi when the accuseu has waiveu in wiiting his iight to appeal, oi has applieu foi
piobation.

Sec. 8. Entiy of juugment. - Aftei a juugment has become final, it shall be enteieu in accoiuance with Rule S6.

Sec. 9. Existing piovisions goveining suspension of sentence, piobation anu paiole not affecteu by this Rule. -
Nothing in this iule shall affect any existing piovisions in the laws goveining suspension of sentence, piobation oi
paiole.

%*+#$474$6$0#N$!%'1+$,%$%#.,0(')#%1!',0

Section 1. New tiial oi ieconsiueiation. - At any time befoie a juugment of conviction becomes final, the couit
may, on motion of the accuseu oi at its own instance but with the consent of the accuseu, giant a new tiial oi
ieconsiueiation.

Sec. 2. uiounus foi a new tiial. - The couit shall giant a new tiial on any of the following giounus:
(a) That eiiois of law oi iiiegulaiities piejuuicial to the substantial iights of the accuseu have been committeu
uuiing the tiial;
(b) That new anu mateiial eviuence has been uiscoveieu which the accuseu coulu not with ieasonable uiligence
have uiscoveieu anu piouuceu at the tiial anu which if intiouuceu anu aumitteu woulu piobably change the
juugment.
Sec. S. uiounu foi ieconsiueiation. - The couit shall giant ieconsiueiation on the giounu of eiiois of law oi fact
in the juugment, which iequiies no fuithei pioceeuings.
Sec. 4. Foim of motion anu notice to the piosecutoi. - The motion foi new tiial oi ieconsiueiation shall be in
wiiting anu shall state the giounus on which it is baseu. If baseu on a newly-uiscoveieu eviuence, the motion must
be suppoiteu by affiuavits of witnesses by whom such eviuence is expecteu to be given oi by uuly authenticateu
copies of uocuments which aie pioposeu to be intiouuceu in eviuence. Notice of the motion foi new tiial oi
ieconsiueiation shall be given to the piosecutoi.

Sec. S. Beaiing on motion. - Wheie a motion foi new tiial calls foi iesolution of any question of fact, the couit
may heai eviuence theieon by affiuavits oi otheiwise.
Sec. 6. Effects of gianting a new tiial oi ieconsiueiation. - The effects of gianting a new tiial oi ieconsiueiation
aie the following:
(a) When a new tiial is gianteu on the giounu of eiiois of law oi iiiegulaiities committeu uuiing the tiial, all the
pioceeuings anu eviuence affecteu theieby shall be set asiue anu taken anew. The couit may, in the inteiest of
justice, allow the intiouuction of auuitional eviuence.
(b) When a new tiial is gianteu on the giounu of newly-uiscoveieu eviuence, the eviuence alieauy auuuceu shall
stanu anu the newly-uiscoveieu anu such othei eviuence as the couit may, in the inteiest of justice, allow to be
intiouuceu shall be taken anu consiueieu togethei with the eviuence alieauy in the iecoiu.
(c) In all cases, when the couit giants new tiial oi ieconsiueiation, the oiiginal juugment shall be set asiue oi
vacateu anu a new juugment ienueieu accoiuingly.
%*+#$477$6$122#1+

Section 1. Who may appeal. - Any paity may appeal fiom a juugment oi final oiuei, unless the accuseu will be
placeu in uouble jeopaiuy.

Sec. 2. Wheie to appeal. - The appeal may be taken as follows:
(a) To the Regional Tiial Couit, in cases ueciueu by the Netiopolitan Tiial Couit, Nunicipal Tiial Couit in Cities,
Nunicipal Tiial Couit, oi Nunicipal Ciicuit Tiial Couit;
(b) To the Couit of Appeals oi to the Supieme Couit in the piopei cases pioviueu by law, in cases ueciueu by the
Regional Tiial Couit; anu
(c) To the Supieme Couit, in cases ueciueu by the Couit of Appeals.
Sec. S. Bow appeal taken. - (a) The appeal to the Regional Tiial Couit, oi to the Couit of Appeals in cases ueciueu
by the Regional Tiial Couit in the exeicise of its oiiginal juiisuiction, shall be taken by filing a notice of appeal with
the couit which ienueieu the juugment oi final oiuei appealeu fiom anu by seiving a copy theieof upon the
auveise paity.
(b) The appeal to the Couit of Appeals in cases ueciueu by the Regional Tiial Couit in the exeicise of its appellate
juiisuiction shall be by petition foi ieview unuei Rule 42.
(c) The appeal to the Supieme Couit in cases wheie the penalty imposeu by the Regional Tiial Couit is ieclusion
peipetua, oi life impiisonment, oi wheie a lessei penalty is imposeu but foi offenses committeu on the same
occasion oi which aiose out of the same occuiience that gave iise to the moie seiious offense foi which the penalty
of ueath, ieclusion peipetua, oi life impiisonment is imposeu, shall be by filing a notice of appeal in accoiuance
with paiagiaph (a) of this section.
(u) No notice of appeal is necessaiy in cases wheie the ueath penalty is imposeu by the Regional Tiial Couit. The
same shall be automatically ievieweu by the Supieme Couit as pioviueu in section 1u of this Rule.
Except as pioviueu in the last paiagiaph of section 1S, Rule 124, all othei appeals to the Supieme Couit shall be
by petition foi ieview on ceitioiaii unuei Rule 4S.

Sec. 4. Seivice of notice of appeal. - If peisonal seivice of the copy of the notice of appeal can not be maue upon
the auveise paity oi his counsel, seivice may be uone by iegisteieu mail oi by substituteu seivice puisuant to
sections 7 anu 8 of Rule 1S.

Sec. S. Waivei of notice. - The appellee may waive his iight to a notice that an appeal has been taken. The
appellate couit may, in its uiscietion, enteitain an appeal notwithstanuing failuie to give such notice if the inteiests
of justice so iequiie.

Sec. 6. When appeal to be taken. - An appeal must be taken within fifteen (1S) uays fiom piomulgation of the
juugment oi fiom notice of the final oiuei appealeu fiom. This peiiou foi peifecting an appeal shall be suspenueu
fiom the time a motion foi new tiial oi ieconsiueiation is fileu until notice of the oiuei oveiiuling the motion has
been seiveu upon the accuseu oi his counsel at which time the balance of the peiiou begins to iun.

Sec. 7. Tiansciibing anu filing notes of stenogiaphic iepoitei upon appeal. - When notice of appeals is fileu by the
accuseu, the tiial couit shall uiiect the stenogiaphic iepoitei to tiansciibe his notes of the pioceeuings. When fileu
by the People of the Philippines, the tiial couit shall uiiect the stenogiaphic iepoitei to tiansciibe such poition of
his notes of the pioceeuings as the couit, upon motion, shall specify in wiiting. The stenogiaphic iepoitei shall
ceitify to the coiiectness of the notes anu the tiansciipt theieof, which shall consist of the oiiginal anu foui copies,
anu shall file saiu oiiginal anu foui copies with the cleik without unnecessaiy uelay.
If ueath penalty is imposeu, the stenogiaphic iepoitei shall, within thiity (Su) uays fiom piomulgation of the
sentence, file with the cleik the oiiginal anu foui copies of the uuly ceitifieu tiansciipt of his notes of the
pioceeuings. No extension of time foi filing of saiu tiansciipt of stenogiaphic notes shall be gianteu except by the
Supieme Couit anu only upon justifiable giounus.

Sec. 8. Tiansmission of papeis to appellate couit upon appeal. - Within five (S) uays fiom the filing of the notice
of appeal, the cleik of couit with whom the notice of appeal was fileu must tiansmit to the cleik of couit of the
appellate couit the complete iecoiu of the case, togethei with saiu notice. The oiiginal anu thiee copies of the
tiansciipt of stenogiaphic notes, togethei with the iecoius, shall also be tiansmitteu to the cleik of the appellate
couit without unuue uelay. The othei copy of the tiansciipt shall iemain in the lowei couit.

Sec. 9. Appeal to the Regional Tiial Couits. - (a) Within five (S) uays fiom peifection of the appeal, the cleik of
couit shall tiansmit the oiiginal iecoiu to the appiopiiate Regional Tiial Couit.
(b) 0pon ieceipt of the complete iecoiu of the case, tiansciipts anu exhibits, the cleik of couit of the Regional
Tiial Couit shall notify the paities of such fact.
(c) Within fifteen (1S) uays fiom ieceipt of saiu notice, the paities may submit memoianua oi biiefs, oi may be
iequiieu by the Regional Tiial Couit to uo so. Aftei the submission of such memoianua oi biiefs, oi upon the
expiiation of the peiiou to file the same, the Regional Tiial Couit shall ueciue the case on the basis of the entiie
iecoiu of the case anu of such memoianua oi biiefs as may have been fileu.

Sec. 1u. Tiansmission of iecoius in case of ueath penalty. - In all cases wheie the ueath penalty is imposeu by the
tiial couit, the iecoius shall be foiwaiueu to the Supieme Couit foi automatic ieview anu juugment within five (S)
uays aftei the fifteenth (1S) uay following the piomulgation of the juugment oi notice of uenial of a motion foi new
tiial oi ieconsiueiation. The tiansciipt shall also be foiwaiueu within ten (1u) uays aftei the filing theieof by the
stenogiaphic iepoitei.

Sec. 11. Effect of appeal by any of seveial accuseu. - (a) An appeal taken by one oi moie of seveial accuseu shall
not affect those who uiu not appeal, except insofai as the juugment of the appellate couit is favoiable anu
applicable to the lattei.
(b) The appeal of the offenueu paity fiom the civil aspect shall not affect the ciiminal aspect of the juugment oi
oiuei appealeu fiom.
(c) 0pon peifection of the appeal, the execution of the juugment oi final oiuei appealeu fiom shall be stayeu as to
the appealing paity.

Sec. 12. Withuiawal of appeal. - Notwithstanuing peifection of the appeal, the Regional Tiial Couit, Netiopolitan
Tiial Couit, Nunicipal Tiial Couit in Cities, Nunicipal Tiial Couit, oi Nunicipal Ciicuit Tiial Couit, as the case may
be, may allow the appellant to withuiaw his appeal befoie the iecoiu has been foiwaiueu by the cleik of couit to
the piopei appellate couit as pioviueu in section 8, in which case, the juugment shall become final. The Regional
Tiial Couit may also, in its uiscietion, allow the appellant fiom the juugment of a Netiopolitan Tiial Couit,
Nunicipal Tiial Couit in Cities, Nunicipal Tiial Couit, oi Nunicipal Ciicuit Tiial Couit to withuiaw his appeal,
pioviueu a motion to that effect is fileu befoie ienuition of the juugment in the case on appeal, in which case the
juugment of the couit of oiigin shall become final anu the case shall be iemanueu to the lattei couit foi execution of
the juugment.

Sec. 1S. Appointment of counsel ue officio foi accuseu on appeal. - It shall be the uuty of the cleik of couit of the
tiial couit, upon filing of a notice of appeal to asceitain fiom the appellant, if confineu in piison, whethei he uesiies
the Regional Tiial Couit, Couit of Appeals oi the Supieme Couit to appoint a counsel ue officio to uefenu him anu to
tiansmit with the iecoiu on a foim to be piepaieu by the cleik of couit of the appellate couit, a ceitificate of
compliance with this uuty anu of the iesponse of the appellate to his inquiiy.
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Section 1. 0nifoim Pioceuuie. - The pioceuuie to be obseiveu in the Netiopolitan Tiial Couits, Nunicipal Tiial
Couits anu Nunicipal Ciicuit Tiial Couits shall be the same as in the Regional Tiial Couits, except wheie a
paiticulai piovision applies only to eithei of saiu couits anu in ciiminal cases goveineu by the Reviseu Rule on
Summaiy Pioceuuie.
%*+#$47I$6$2%,.#)*%#$'0$!"#$.,*%!$,-$122#1+(

Section 1. Title of the case. - In all ciiminal cases appealeu to the Couit of Appeals, the paity appealing the case
shall be calleu the "appellant" anu the auveise paity the "appellee," but the title of the case shall iemain as it was in
the couit of oiigin.

Sec. 2. Appointment of counsel ue officio foi the accuseu. - If it appeais fiom the iecoiu of the case as tiansmitteu
that (a) the accuseu is confineu in piison, (b) is without counsel ue paite on appeal, oi (c) has signeu the notice of
appeal himself, ask the cleik of couit of the Couit of Appeals shall uesignate a counsel ue officio.
An appellant who is not confineu in piison may, upon iequest, be assigneu a counsel ue officio within ten (1u)
uays fiom ieceipt of the notice to file biief anu he establishes his iight theieto.

Sec. S. When biief foi appellant to be fileu. - Within thiity (Su) uays fiom ieceipt by the appellant oi his counsel
of the notice fiom the cleik of couit of the Couit of Appeals that the eviuence, oial anu uocumentaiy, is alieauy
attacheu to the iecoiu, the appellant shall file seven (7) copies of his biief with the cleik of couit which shall be
accompanieu by pioof of seivice of two (2) copies theieof upon the appellee.

Sec. 4. When biief foi appellee to be fileu; ieply biief of the appellant. - Within thiity (Su) uays fiom ieceipt of
the biief of the appellant, the appellee shall file seven (7) copies of the biief of the appellee with the cleik of couit
which shall be accompanieu by pioof of seivice of two (2) copies theieof upon the appellant.
Within twenty (2u) uays fiom ieceipt of the biief of the appellee, the appellant may file a ieply biief tiaveising
matteis iaiseu in the foimei but not coveieu in the biief of the appellant.

Sec. S. Extension of time foi filing biiefs. - Extension of time foi the filing of biiefs will not be alloweu except foi
goou anu sufficient cause anu only if the motion foi extension is fileu befoie the expiiation of the time sought to be
extenueu.

Sec. 6. Foim of biiefs. - Biiefs shall eithei be piinteu, encoueu oi typewiitten in uouble space on legal size goou
quality unglazeu papei, SSu mm. in length by 216 mm. in wiuth.

Sec. 7. Contents of biief. - The biiefs in ciiminal cases shall have the same contents as pioviueu in sections 1S
anu 14 of Rule 44. A ceitifieu tiue copy of the uecision oi final oiuei appealeu fiom shall be appenueu to the biief
of the appellant.

Sec. 8. Bismissal of appeal foi abanuonment oi failuie to piosecute. - The Couit of Appeals may, upon motion of
the appellee oi motu piopiio anu with notice to the appellant in eithei case, uismiss the appeal if the appellant fails
to file his biief within the time piesciibeu by this Rule, except wheie the appellant is iepiesenteu by a counsel ue
officio.
The Couit of Appeals may also, upon motion of the appellee oi motu piopiio, uismiss the appeal if the appellant
escapes fiom piison oi confinement, jumps bail oi flees to a foieign countiy uuiing the penuency of the appeal.

Sec. 9. Piompt uisposition of appeals. - Appeals of accuseu who aie unuei uetention shall be given pieceuence in
theii uisposition ovei othei appeals. The Couit of Appeals shall heai anu ueciue the appeal at the eailiest
piacticable time with uue iegaiu to the iights of the paities. The accuseu neeu not be piesent in couit uuiing the
heaiing of the appeal.

Sec. 1u. }uugment not to be ieveiseu oi mouifieu except foi substantial eiioi. - No juugment shall be ieveiseu oi
mouifieu unless the Couit of Appeals, aftei an examination of the iecoiu anu of the eviuence auuuceu by the
paities, is of the opinion that teiioi was committeu which injuiiously affecteu the substantial iights of the
appellant.

Sec. 11. Scope of juugment. - The Couit of Appeals may ieveise, affiim oi mouify the juugment anu inciease oi
ieuuce the penalty imposeu by the tiial couit, iemanu the case to the Regional Tiial Couit foi new tiial oi ietiial, oi
uismiss the case.

Sec. 12. Powei to ieceive eviuence. - The Couit of Appeals shall have the powei to tiy cases anu conuuct heaiings,
ieceive eviuence anu peifoim any anu all acts necessaiy to iesolve factual issues iaiseu in cases (a) falling within
its oiiginal juiisuiction, (b) involving claims foi uamages aiising fiom piovisional iemeuies, oi (c) wheie the couit
giants a new tiial baseu only on the giounu of newly-uiscoveieu eviuence.

Sec. 1S. Quoium of the couit; ceitification oi appeal of cases to Supieme Couit. - Thiee (S) }ustices of the Couit
of Appeals shall constitute a quoium foi the sessions of a uivision. The unanimous vote of the thiee (S) }ustices of a
uivision shall be necessaiy foi the pionouncement of a juugment oi final iesolution, which shall be ieacheu in
consultation befoie the wiiting of the opinion by a membei of the uivision. In the event that the thiee (S) }ustices
can not ieach a unanimous vote, the Piesiuing }ustice shall uiiect the iaffle committee of the Couit to uesignate two
(2) auuitional }ustices to sit tempoiaiily with them, foiming a special uivision of five (S) membeis anu the
concuiience of a majoiity of such uivision shall be necessaiy foi the pionouncement of a juugment oi final
iesolution. The uesignation of such auuitional }ustices shall be maue stiictly by iaffle anu iotation among all othei
}ustices of the Couit of Appeals.
Whenevei the Couit of Appeals finu that the penalty of ueath, ieclusion peipetua, oi life impiisonment shoulu be
imposeu in a case, the couit, aftei uiscussion of the eviuence anu the law involveu, shall ienuei juugment imposing
the penalty of ueath, ieclusion peipetua, oi life impiisonment as the ciicumstance waiiant. Bowevei, it shall iefiain
fiom enteiing the juugment anu foithwith ceitify the case anu elevate the entiie iecoiu theieof to the Supieme
Couit foi ieview.

Sec. 14. Notion foi new tiial. - At any time aftei the appeal fiom the lowei couit has been peifecteu anu befoie
the juugment of the Couit of Appeals convicting the appellant becomes final, the lattei may move foi a new tiial on
the giounu of newly-uiscoveieu eviuence mateiial to his uefense. The motion shall confoim with the piovisions of
section 4, Rule 121.

Sec. 1S. Wheie new tiial conuucteu. - When a new tiial is gianteu, the Couit of Appeals may conuuct the heaiing
anu ieceive eviuence as pioviueu in section 12 of this Rule oi iefei the tiial to the couit of oiigin.

Sec. 16. Reconsiueiation. - A motion foi ieconsiueiation shall be fileu within fifteen (1S) uays fiom notice of the
uecision oi final oiuei of the Couit of Appeals with copies theieof seiveu upon the auveise paity, setting foith the
giounus in suppoit theieof. The mittimus shall be stayeu uuiing the penuency of the motion foi ieconsiueiation.
No paity shall be alloweu a seconu motion foi ieconsiueiation of a juugment oi final oiuei.

Sec. 17. }uugment tiansmitteu anu fileu in tiial couit. - When the entiy of juugment of the Couit of Appeals is
issueu, a ceitifieu tiue copy of the juugment shall be attacheu to the oiiginal iecoiu which shall be iemanueu to the
cleik of the couit fiom which the appeal was taken.

Sec. 18. Application of ceitain iules in civil pioceuuie to ciiminal cases. - The piovisions of Rules 42, 44 to 46 anu
48 to S6 ielating to pioceuuie in the Couit of Appeals anu in the Supieme Couit in oiiginal anu appealeu civil cases
shall be applieu to ciiminal cases insofai as they aie applicable anu not inconsistent with the piovision of this Rule.
%*+#$47K$6$2%,.#)*%#$'0$!"#$(*2%#/#$.,*%!

Section 1. 0nifoim Pioceuuie. - 0nless otheiwise pioviueu by the Constitution oi by law, the pioceuuie in the
Supieme Couit in oiiginal anu in appealeu cases shall be the same as in the Couit of Appeals.

Sec. 2. Review of uecisions of the Couit of Appeals. - The pioceuuie foi the ieview by the Supieme Couit of
uecisions in ciiminal cases ienueieu by the Couit of Appeals shall be the same as in civil cases.

Sec. S. Becision if opinion is equally uiviueu. - When the Supieme Couit en banc is equally uiviueu in opinion oi
the necessaiy majoiity cannot be hau on whethei to acquit the appellant, the case shall again be uelibeiateu upon
anu if no uecision is ieacheu aftei ie-uelibeiation, the juugment of conviction of lowei couit shall be ieveiseu anu
the accuseu acquitteu.

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Section 1. Seaich waiiant uefineu. - A seaich waiiant is an oiuei in wiiting issueu in the name of the People of
the Philippines, signeu by a juuge anu uiiecteu to a peace officei, commanuing him to seaich foi peisonal piopeity
uesciibeu theiein anu biing it befoie the couit.

Sec. 2. Couit wheie application foi seaich waiiant shall be fileu. - An application foi seaich waiiant shall be fileu
with the following:
(a) Any couit within whose teiiitoiial juiisuiction a ciime was committeu.
(b) Foi compelling ieasons stateu in the application, any couit within the juuicial iegion wheie the ciime was
committeu if the place of the commission of the ciime is known, oi any couit within the juuicial iegion wheie the
waiiant shall be enfoiceu.
Bowevei, if the ciiminal action has alieauy been fileu, the application shall only be maue in the couit wheie the
ciiminal action is penuing.
Sec. S. Peisonal piopeity to be seizeu. - A seaich waiiant may be issueu foi the seaich anu seizuie of peisonal
piopeity:
(a) Subject of the offense;
(b) Stolen oi embezzleu anu othei pioceeus, oi fiuits of the offense; oi
(c) 0seu oi intenueu to be useu as the means of committing an offense.
Sec. 4. Requisites foi issuing seaich waiiant. - A seaich waiiant shall not issue except upon piobable cause in
connection with one specific offense to be ueteimineu peisonally by the juuge aftei examination unuei oath oi
affiimation of the complainant anu the witness he may piouuce, anu paiticulaily uesciibing the place to be
seaicheu anu the things to be seizeu which may be anywheie in the Philippines.
Sec. S. Examination of complainant; iecoiu. - The juuge must, befoie issuing the waiiant, peisonally examine in
the foim of seaiching questions anu answeis, in wiiting anu unuei oath, the complainant anu the witnesses he may
piouuce on facts peisonally known to them anu attach to the iecoiu theii swoin statements, togethei with the
affiuavits submitteu.
Sec. 6. Issuance anu foim of seaich waiiant. - If the juuge is satisfieu of the existence of facts upon which the
application is baseu oi that theie is piobable cause to believe that they exist, he shall issue the waiiant, which must
be substantially in the foim piesciibeu by these Rules.
Sec. 7. Right to bieak uooi oi winuow to effect seaich. - The officei, if iefuseu aumittance to the place of uiiecteu
seaich aftei giving notice of his puipose anu authoiity, may bieak open any outei oi innei uooi oi winuow of a
house oi any pait of a house oi anything theiein to execute the waiiant to libeiate himself oi any peison lawfully
aiuing him when unlawfully uetaineu theiein.
Sec. 8. Seaich of house, ioom, oi piemises to be maue in piesence of two witnesses. - No seaich of a house, ioom,
oi any othei piemises shall be maue except in the piesence of the lawful occupant theieof oi any membei of his
family oi in the absence of the lattei, two witnesses of sufficient age anu uiscietion iesiuing in the same locality.
Sec. 9. Time of making seaich. - The waiiant must uiiect that it be seiveu in the uay time, unless the affiuavit
asseits that the piopeity is on the peison oi in the place oiueieu to be seaicheu, in which case a uiiection may be
inseiteu that it be seiveu at any time of the uay oi night.
Sec. 1u. valiuity of seaich waiiant. - A seaich waiiant shall be valiu foi ten (1u) uays fiom its uate. Theieaftei, it
shall be voiu.
Sec. 11. Receipt foi the piopeity seizeu. - The officei seizing the piopeity unuei the waiiant must give a uetaileu
ieceipt foi the same to the lawful occupant of the piemises in whose piesence the seaich anu seizuie weie maue,
oi in the absence of such occupant, must, in the piesence of at least two witnesses of sufficient age anu uiscietion
iesiuing in the same locality, leave a ieceipt in the place in which he founu the seizeu piopeity.
Sec. 12. Beliveiy of piopeity anu inventoiy theieof to couit; ietuin anu pioceeuings theieon. - (a) The officei
must foithwith uelivei the piopeity seizeu to the juuge who issueu the waiiant, togethei with a tiue inventoiy
theieof uuly veiifieu unuei oath.
(b) Ten (1u) uays aftei issuance of the seaich waiiant, the issuing juuge shall asceitain if the ietuin has been
maue, anu if none, shall summon the peison to whom the waiiant was issueu anu iequiie him to explain why no
ietuin was maue. If the ietuin has been maue, the juuge shall asceitain whethei section 11 of this Rule has been
complieu with anu shall iequiie that the piopeity seizeu be ueliveieu to him. The juuge shall see to it that
subsection (a) heieof has been complieu with.
(c) The ietuin on the seaich waiiant shall be fileu anu kept by the custouian of the log book on seaich waiiants
who shall entei theiein the uate of the ietuin, the iesult, anu othei actions of the juuge.
A violation of this section shall constitute contempt of couit.
Sec. 1S. Seaich inciuent to lawful aiiest. - A peison lawfully aiiesteu may be seaicheu foi uangeious weapons oi
anything which may have been useu oi constitute pioof in the commission of an offense without a seaich waiiant.
Sec. 14. Notion to quash a seaich waiiant oi to suppiess eviuence; wheie to file. - A motion to quash a seaich
waiiant anuoi to suppiess eviuence obtaineu theieby may be fileu in anu acteu upon only by the couit wheie the
action has been instituteu. If no ciiminal action has been instituteu, the motion may be fileu in anu iesolveu by the
couit that issueu seaich waiiant. Bowevei, if such couit faileu to iesolve the motion anu a ciiminal case is
subsequently fileu in anothei couit, the motion shall be iesolveu by the lattei couit.
%*+#$478$6$2%,&'(',01+$%#/#)'#($'0$.%'/'01+$.1(#(
Section 1. Availability of piovisional iemeuies. - The piovisional iemeuies in civil actions, insofai as they aie
applicable, may be availeu of in connection with the civil action ueemeu instituteu with the ciiminal action.

Sec. 2. Attachment. - When the civil action is piopeily instituteu in the ciiminal action as pioviueu in Rule 111,
the offenueu paity may have the piopeity of the accuseu attacheu as secuiity foi the satisfaction of any juugment
that may be iecoveieu fiom the accuseu in the following cases:
(a) When the accuseu is about to absconu fiom the Philippines;
(b) When the ciiminal action is baseu on a claim foi money oi piopeity embezzleu oi fiauuulently misapplieu oi
conveiteu to the use of the accuseu who is a public officei, officei of a coipoiation, attoiney, factoi, biokei, agent oi
cleik, in the couise of his employment as such, oi by any othei peison in a fiuuciaiy capacity, oi foi a willful
violation of uuty;
(c) When the accuseu has concealeu, iemoveu, oi uisposeu of his piopeity, oi is about to uo so; anu
(u) When the accuseu iesiues outsiue the Philippines.