CRIMINAL PROCEDURE

Rule 110 PROSECUTION of Ofenses

1. General Rule: MTC and RTC courts
gain jurisdiction over the ofense upon
the fling of complaint b a complainant
or an information b the prosecuting
o!cer
" Court gains jurisdiction over the
person of the accused upon arrest or
surrender# such jurisdiction once gained
cannot be lost even if accused escapes
$Gimenez vs. Nazareno%
" &urisdiction of the court over the
ofense is determined at the time of the
institution of the action and is retained
even if the penalt for the ofense is later
lo'ered or raised $People vs. Lagon%
(. Complaint ) s'orn 'ritten statement
charging a person 'ith an ofense*
subscribed b the ofended part* an
peace o!cer or other public o!cial
charged 'ith the enforcement of the la'
violated
Information ) accusation in 'riting
charging a person 'ith an ofense*
subscribed b the fscal and fled 'ith the
court
+. Complaint and ,nformation
distinguished:
Complaint Information
- s'orn statement .eed not be s'orn
to
/ubscribed b the
ofended part* an
peace o!cer or
other o!cer charged
'ith the
enforcement of the
la' violated
/ubscribed to b the
fscal
Ma be fled either
'ith the court or in
the fscal0s o!ce
generall to
commence the
preliminar
investigation of the
charges made
1iled 'ith the court
2. Cases 'here civil courts of e3ual
ran4 are vested 'ith concurrent
jurisdiction:
1. 1eatures stated in -rt. (* R5C
" Cogni6able b proper court in 'hich
charge is frst fled
1. Continuing crimes committed in
diferent judicial regions
(. 7fenses 'herein an of the
essential elements 'ere committed
in diferent territorial jurisdictions
+. 7fenses committed aboard a train*
vehicle* aircraft or vessel $see
R118* 91:%
i. Railroad* train* aircraft
$1% Territor or municipalit 'here
vehicle passed
$(% 5lace of departure
$+% 5lace of arrival
ii. ;essel
$1% 1irst port of entr
$(% Thru 'hich it passed during voage
e. <ibel and 'ritten defamation
:. Remedies of ofended part 'hen
fscal unreasonabl refuses to fle an
information or include a person therein
as an accused
1. ,n case of grave abuse of
discretion* action for mandamus
(. <odge a ne' complaint against the
ofenders
+. Ta4e up matter 'ith the /ecretar
of &ustice
2. ,nstitute administrative charges
against the erring fscal
:. 1ile criminal charges under -rt.
(8=* R5C $prosecution of ofenses%
>. 1ile civil action under -rt. (?* .CC
for damages $57 refuses or
neglects to perform o!cial dut%
1
?. /ecure appointment of another
fscal
=. ,nstitute another criminal action if
no double jeopard is involved
>. @rits of injunction or prohibition to
restrain a criminal prosecution are not
available* ABCA5T
1. To aford ade3uate protection to
constitutional rights of accused
(. .ecessar for the orderl
administration of justice or to avoid
oppression or multiplicit of actions
+. 5reCjudicial 3uestion 'hich is sub
judice
2. -cts of the o!cer are 'ithout or in
eDcess of authorit
:. 5rosecution is under an invalid la'*
ordinance or regulation
>. Eouble jeopard is clearl apparent
?. Court has no jurisdiction over the
case
=. Case of persecution rather than
prosecution
F. Charges are manifestl false and
motivated b lust for vengeance
18. Clearl no prima facie case
against the accused and MTG on
that ground had been denied
?. ,nstitution of Criminal -ctions:
a. ,n RTC:
" H fling a complaint 'ith the
appropriate o!cer for the purpose of
conducting re3uisite preliminar
investigation therein.
b. ,n Municipal Trial Courts and
Municipal Circuit Trial Courts:
" H fling the complaint or information
directl 'ith said courts* or a complaint
'ith the fscal0s o!ce
c. ,n Metropolitan Trial Courts
" H fling the complaint 7.<I 'ith the
o!ce of the fscal
" ,n all + above cases* such institution
shall interrupt the period of prescription
of the ofense charged $Rule 118* 91%
d. 7fenses subject to summar
procedure
[i.e. (1 violation of tra!c la"s# ($
violation of rental la"s# (% violation of
municipal or cit& ordinances# and ('
criminal cases "(ere t(e penalt& does
not e)ceed * mont(s or +ne of P1,,, or
bot(- irrespective of ot(er imposable
penalties and civil liabilities.
" The complaint or information shall be
fled directl in court 'ithout need of a
prior preliminar eDamination or
preliminar investigation.
" /aldivia vs. 0e&es ) since a criminal
case covered b the Rules of /ummar
5rocedure shall be deemed commenced
onl 'hen it is fled in court* then the
running of the prescriptive period shall
be halted on the date the case is actuall
fled in court and not on an date before
that.
" 0eodica vs. C1 ) Jclarifes /aldivia
aboveK Lnder -rt. F1 of the R5C* the
period of prescription shall be interrupted
b the fling of the complaint or
information. ,t does not distinguish
'hether the complaint is fled for
preliminar eDamination or investigation
onl* or for an action on the merits.
Thus* the fling of the complaint even
'ith the fscal0s o!ce should suspend the
running of the /tatute of <imitations. The
ruling in /aldivia is not applicable to all
cases subject to the Rules on /ummar
5rocedure* since that particular case
involved a violation of an ordinance.
Therefore* the applicable la' therein 'as
not -rt. F1 of the R5C* but -ct .o. ++(>
$M-n -ct to Astablish 5eriods of
5rescription for ;iolations 5enali6ed b
/pecial -cts and Municipal 7rdinances
and to 5rovide 'hen 5rescription /hall
Hegin to RunN%* 9( of 'hich provides that
period of prescription is suspended onl
'hen judicial proceedings are instituted
against the guilt part.
=. Contents of information
a. .ame of the accused
(
" ,nformation ma be amended as to the
name of the accused* but such
amendment cannot be 3uestioned for the
frst time on appeal $People vs. Guevarra%
" Arror of name of the ofended part: if
material to the case* it necessaril
afects the identifcation of the act
charged. Conviction for robber cannot
be sustained if there is a variance
bet'een the allegation and the proof as
to the o'nership of the propert stolen.
b. Eesignation of ofense b statute $or
of sectionOsubsection of statute violated%
" 7nl one ofense charged* ABCA5T
'here la' prescribes a single
punishment for various ofenses.
" ,f facts do not completel allege all the
elements of the crime charged* the info
ma be 3uashed# ho'ever* the
prosecution is allo'ed to amend the info
to include the necessar facts $People vs.
Purisima%
c. -cts or omissions complained of
constituting the ofense
" ,nformation need onl allege facts* not
include all the evidence 'hich ma be
used to prove such facts $2alitaan vs.
C3I%
d. .ame of ofended part
e. -pproDimate time of commission
" -pproDimation of time is su!cient#
amendment as to time is onl a formal
amendment# no need to dismiss case
$People vs. 4olero%
" - signifcant discrepanc in the time
alleged cannot be sustained since such
'ould allo' the prosecution to prove an
ofense distantl removed from the
alleged date* thus substantiall impairing
the rights of the accused to be informed
of the charges against him $People vs.
0e&es%
f. 5lace of commission
" Conviction ma be had even if it
appears that the crime 'as committed
not at the place alleged* provided that
the place of actual commission 'as
'ithin the court0s jurisdiction and
accused 'as not surprised b the
variance bet'een the proof and the
information
" Gualifing and inherent aggravating
circumstances need to be alleged as the
are integral parts of the crime. ,f proved*
but not alleged* become onl generic
aggravating circumstances.
F. -mendment of information and
/ubstitution of information* distinguished
Amenment
Su!stitution
,nvolves either
formal or substantial
changes
.ecessaril involves
a substantial change
@ithout leave of
court if before plea
.eeds leave of court
as original
information has to
be dismissed
@here onl as to
form* there is no
need for another
preliminar
investigation and
reta4ing of plea of
accused
-nother preliminar
investigation is
entailed and accused
has to plead ane'
Refers to the same
ofense charged or
'hich necessaril
includes or is
necessaril included
in original charges*
hence* substantial
amendments to info
after plea ta4en
cannot be made
over objections of
accused for if
original info is
'ithdra'n* accused
could invo4e double
jeopard
Re3uires or
presupposes that
ne' info involves a
diferent ofense
'hich does not
include or is not
included in the
original charge*
hence* accused
cannot claim double
jeopard
18. -fter plea* amendment onl as to
matters of form* provided
1. <eave of court is obtained# and
(. -mendment is not prejudicial to
rights of accused
11. @hen amendment is onl as to form
1. .either afects or alters nature of
ofense charged
+
(. Charge does not deprive accused
of a fair opportunit to present his
defense
+. Eoes not involve a change in basic
theor of prosecution
1(. ADceptions to rule on venue
1. 1elonies in -rt. (* R5C $cogni6able
b proper court in 'hich charge is
frst fled%
(. Continuing ofenses
+. 5irac 'hich is triable an'here
2. <ibel $residence# or 'here frst
published%
:. ,n eDceptional cases* to ensure fair
trial and impartial in3uir
1+. /pecial cases $'ho ma prosecute%
a. -dulter and concubinage
" 7nl ofended spouse can be
complainant
" Hoth guilt parties must be included in
complaint
b. Crimes against chastit
" @ith consent of the ofended part*
ofended spouse* grandparents*
guardian* or state as parens patriae* in
that order
" 7fended part* even if minor* has
right to initiate the prosecution of the
case independentl of parents*
grandparents or guardian* unless she is
incompetentOincapable on grounds other
than minorit.
" ,f ofended part 'ho is a minor fails to
fle the complaint* her parents*
grandparents or guardian ma do so.
" ,n crimes against chastit* the consent
of the victim is a jurisdictional
re3uirement)retraction renders the
information void $People vs. 5capan%
" ,f compleDed 'ith a public crime* the
provincial fscal ma sign the complaint
on his o'n
c. Eefamation $consisting of imputation
of ofenses in JaK or JbK%
" Complainant must be ofended part
" The ofended part ma intervene in
the prosecution of the criminal case
because of her interest in it $2anal vs.
6adeo%
12. 5rocedure
1. Complaint fled in MTC or info fled
in RTC 'here an essential
ingredient of the crime too4 place
$territorial jurisdiction%
1. -mendment as a matter of
right before plea
(. -mendment upon discretion
of the court after plea
" ,nclusion of other accused is onl a
formal amendment 'hich 'ould not be
prejudicial to the accused and should be
allo'ed $People vs. C1%
d. -fter plea and before judgment* if it
appears there 'as a mista4e in charging
proper ofense* court shall dismiss
original info upon the fling of a corrected
one* provided that the accused 'ill not
be placed in double jeopard
$substitution%
" 1iscal determines direction of
prosecution# complainant must as4 fscal
if he 'ants to dismiss the case# the
motion to dismiss must be addressed to
the court 'hich has discretion over the
disposition of the case $0epublic vs.
7unga%
" 7bjection to the amendment of an
information or complaint must be raised
at the time the amendment is made#
other'ise* deemed to have consented
thereto.
1:. Remedies
a. Motion to 3uash
" Ma be fled after arraignment but
before plea on the grounds provided b
the rules $generall* a Pa' in the info%
" ,f duplicit of ofense charged is not
raised in trial through a motion to 3uash
2
info* the right to 3uestion it is 'aived
$People vs. 5capan%
b. Motion to dismiss
" Ma be fled after plea but before
judgment on most of grounds for motion
to 3uash
1>. Euplicit of 7fense $in information
or complaint%
" Eefned as the joinder of separate and
distinct ofenses in one and the same
informationOcomplaint
" Remed: fle a motion to 3uash# failure
is e3uivalent to a 'aiver
" ADception: 'hen eDisting la's
prescribe a single punishment $compleD
crimes%
Rule 111 Prose"ution of Ci#il A"tion
1. General Rule: The injured part ma
fle a civil action independent of the
criminal proceeding to recover damages
from the ofender.
" -rticle +( is a valid cause of a civil
action for damages against public
o!cers 'ho impair the Constitutional
rights of citi6ens $1berca vs. 8er%
" Aven if the private prosecutor
participates in the prosecution* if he is
not given the chance to prove damages*
the ofended part is not barred from
fling a separate civil action
(. Civil action for recover of civil
liabilit impliedl instituted* ABCA5T
1. @aiver
(. Reservation of right to institute
separate action
+. ,nstitution of civil action prior to
criminal action
" N569: Lnder /C Circular :?CF?* all
criminal actions for violations of H5 Hlg.
(( shall be deemed to necessaril
include the corresponding civil action*
and no reservation to fle such civil action
separatel shall be allo'ed or
recogni6ed.
" 7an Ildefonso Lines vs. C1 ) past
pronouncements of the /C that the
re3uirement in Rule 111 that a
reservation be made prior to the
institution of an independent civil action
is an Munauthori6ed amendmentN to
substantive la' is no' no longer
controlling. 1ar from altering substantive
rights* the primar purpose of the
reservation re3uirement is to avoid
multiplicit of suits* to prevent delas* to
clear congested doc4ets* to simplif the
'or4 of the trial court* and in short* the
attainment of justice 'ith the least
eDpense and veDation to partiesClitigants.
+. Civil action suspended 'hen criminal
action fled* ABCA5T
1. ,ndependent civil action $-rts. +(*
++* +2 and (1?> of .CC%
(. 5rejudicial civil action
+. Civil case consolidated 'ith
criminal action
2. Civil action not one intended to
enforce civil liabilit arising from
the ofense $e.g.* action for legal
separation against a spouse 'ho
committed concubinage%
2. 5rejudicial 3uestion arises 'hen
1. The civil action involves an issue
similar or intimatel related to the
issue raised in the criminal action
(. The resolution of such issue 'ill
determine 'hether the criminal
action 'ill proceed or not
" Re3uisites for a prejudicial 3uestion:
1. The civil action involves an issue
similar or intimatel related to the
issue raised in the criminal action:
and
(. The resolution of such issue
determines 'hether or not the
criminal action ma proceed
" 5etition for suspension of criminal
action is to be fled at an time before
prosecution rests.
:. Remedies
:
a. Reservation of right to institute
separate civil proceedings to recover civil
liabilit arising from crime
" Must be made before prosecution
presents evidence
" -ction instituted onl after fnal
judgment in criminal action
b. 5etition to suspend the criminal
action
" Ma be fled upon eDistence of a
prejudicial 3uestion in a pending civil
action
" 1iled at an time before the
prosecution rests
>. ADtinction of penal action does not
carr 'ith it eDtinction of the civil unless
the eDtinction proceeds from a
declaration in a fnal judgment that the
fact from 'hich the civil might arise did
not eDist.
" 1inal judgment in civil absolving
defendant from civil liabilit not a bar to
criminal action
?. 1iling fees:
1. -ctual or compensator damages )
fling fees not re3uired
(. Moral* temperate and eDemplar )
fling fees re3uired
1. ,f alleged* fees must be paid b
ofended part upon fling of
complaint or information
1. ,f not alleged* fling fees
considered a frst lien on the
judgment
Rule 11$ Preliminar% In#esti&ation
1. 5reliminar investigation ) in3uir or
proceeding to determine if there is
su!cient ground to engender a 'ellC
founded belief that a crime cogni6able b
the RTC has been committed* and that
the respondent is probabl guilt thereof*
and should be held for trial
" - preliminar investigation is onl
necessar for an information to be fled
'ith the RTC# complaints ma be fled
'ith the MTC 'ithout need of an
information* 'hich is merel
recommendator $6andoc vs. 0esultan%
" -bsence of a preliminar investigation
is .7T a ground for a motion to 3uash
the information# an information fled
'ithout a preliminar investigation is
defective but not fatal# in its absence* the
accused ma as4 for one# it is the fscal0s
refusal to conduct a preliminar
investigation 'hen the accused demands
one 'hich is a violation of the rights of
the accused (;oromal vs.
7andiganba&an%. Court should not
dismiss the info* but hold the case in
abeance and either: $1% conduct its o'n
investigation# or $(% re3uire the fscal to
hold a reinvestigation.
(. GA.AR-< RL<A: The fscal conducts
the preliminar investigation before fling
an information 'ith the RTC* 9<C9P6
'here the accused is la'full arrested
'ithout a 'arrant and an in3uest is
conducted.
+. Right to 5reliminar ,nvestigation
" - personal right and ma be 'aived
" @aived b failure to invo4e the right
prior to or at least at the time of the plea
2. @ho conducts 5reliminar
,nvestigation
1. 5rovincial or cit fscals and their
assistants
(. &udges of MTC and MCTC
+. .ational and regional state
prosecutors
2. /uch other o!cers as ma be
authori6ed b la'
:. Eul authori6ed legal o!cers of
C7MA<AC
1. The 7mbudsman
(. The 5CGG* in cases of illC
gotten 'ealth
:. 5rocedure
a. ,f conducted prior to arrest
i. Complainant fles complaint 'ith
>
$a% 5rovincial or cit fscal
$b% Regional or state prosecutor
$c% MTC or MCTC judge* eDcluding MTC
judge of Metro Manila or chartered cities
$d% 7ther o!ces authori6ed b la'
1. ,nvestigating o!cer either
dismisses complaint or as4s b
subpoena complainant and
respondent to submit a!davits and
counterCa!davits
1. ,f the investigating o!cer
fnds prima facie evidence*
he prepares an information
and a resolution
" i.e.* if fscal fnds reasonable ground to
believe that a crime has been committed
and accused is probabl guilt thereof
" Prima facie evidence is that evidence
'hich* standing alone* uneDplained and
uncontradicted* 'ould be enough to
merit a conviction of the accused
iv. 7ther'ise* he recommends the
dismissal of the complaint
" ,f the investigating o!cer is an MTC
judge* and he fnds that probable cause
eDists and that there is a need to place
the accused under custod* then he ma
issue a 'arrant of arrest
" 3lores vs. 7umaling ) @hat
diferentiates the present rule from the
previous one is that 'hile before* it 'as
mandator for the investigating judge to
issue a 'arrant for the arrest of the
accused if he found probable cause* the
rule no' is that the investigating judge0s
po'er to order the arrest of the accused
is limited to instances in 'hich there is a
necessit for placing him in custod Min
order not to frustrate the ends of
justice.N ,t is therefore error for the
investigating judge to order the issuance
of a 'arrant of arrest solel on his fnding
of probable cause* 'ithout ma4ing an
fnding of a necessit to place the
accused in immediate custod to prevent
a frustration of justice.
1. ,nvestigating o!cer for'ards
records to the cit fscal or chief
state prosecutor
1. Cit fscal or state prosecutor
either dismisses the
complaint or fles the
information in court
" Eecision prevails over decision of the
MTC judge
vii. Records 'ill not form records of the
case proper
" Court on its o'n or on motion ma
order production of record
b. ,f conducted after 'arrantless arrest
1. ,f accused 'aives -rt. 1(:* R5C
and as4s for a preliminar
investigation* 'ith the assistance
of counsel* then the procedure for
one prior to arrest is follo'ed
1. ,n3uest conducted as follo's
$a% 1iscal determines the validit of the
arrest
$b% 1iscal determines eDistence of prima
facie evidence based on the statements
of the complainant* arresting o!cer and
'itnesses
$c% 1iscal either dismisses the complaint
and orders the immediate release of the
accused* 7R prepares and fles an
information
" @hile fscal has 3uasiCjudicial
discretion 'hether or not to fle an
information* once it is fled 'ith the
court* the court ac3uires jurisdiction
giving it discretion over the disposition of
the case and the /ec. of &ustice should
refrain from entertaining petitions for
revie' or appeals from the decision of
fscal $Crespo vs. 4ogul# 8elas=uez vs.
>ndersecretar& of ?ustice%
N569: ,nformation ma be fled b
ofended part* peace o!cer or fscal
'ithout preliminar investigation.
>. Remedies
a. Motion for preliminar investigation
" 1iled 'hen accused is arrested 'ithout
'arrant
?
" Must be 'ith assistance of counsel and
after 'aiving -rt. 1(:* R5C
b. Motion for preliminar investigation
" 1iled 'ithin : das after accused
learns an information against him has
been fled 'ithout a preliminar
investigation
c. Motion for reCinvestigation
d. -ppeal to E7&
" 1iled upon denial of his motion for a
preliminar investigation* on the ground
that his rights to due process of la' 'ere
violated* ousting the court of jurisdiction
e. 5etition for prohibition
" 1iled 'ith appellate court to stop the
criminal proceedings
" 7rdinaril* injunction 'ill not lie but
ma be granted in certain cases
" @hen prohibition proper to restrain
criminal proceedings:
1. @hen strongCarm tactics are used
for vindictive purposes $7alonga
vs. Cruz@Pano%
(. @hen the accused is deprived of
his rights
+. @hen the statute on 'hich the
charge is based is null and void
2. @hen it 'ill aid the administration
of justice $6atad vs.
7andiganba&an%
:. @hen multiplicit of suits 'ill be
avoided $Guingona vs. Cit& 3iscal%
Rule 11' Arrest
1. 1rrest ) ta4ing a person into custod
in order that he ma be bound to ans'er
for the commission of some ofense*
made b an actual restraint of the person
or b his submission to custod
(. General Rule: .o person ma be
arrested 'ithout a 'arrant.
" .ot all persons detained are arrested#
onl those detained to ans'er for an
ofense.
" M,nvitationsN are not arrests and are
usuall not unconstitutional* but in some
cases ma be ta4en as commands $2abst
vs. N2I%# ho'ever* the practice of issuing
an MinvitationN to a person 'ho is
investigated in connection 'ith an
ofense he is suspected to have
committed is considered as placing him
under Mcustodial investigation.N $R-
?2+=%
" @arrants of arrest remain valid until
arrest is efected* or the 'arrant is lifted
" -rrest ma be made at an time of the
da or night
+. @arrantless arrests b a peace o!cer
or a private person
a. @hen person to be arrested is
committing* attempting or has
committed an ofense
b. @hen an ofense has just been
committed and the person ma4ing the
arrest has personal 4no'ledge that the
person to be arrested committed it
" @arrantless arrest antime for a
continuing ofense li4e rebellion*
subversion $>mil vs. 0amos%
" The continuing crime* not the crime
fnall charged* needs onl be the cause
of the arrest $>mil vs. 0amos%
c. @hen person to be arrested is an
escaped detainee $either serving
sentence or 'ith case pending%
1. @hen a person la'full arrested
escapes
(. Hondsman* for purpose of
surrendering the accused
+. -ccused attempts to leave countr
'ithout court permission
2. 5rocedure
a. @ith 'arrant
1. Complainant fles application 'ith
a!davits attached
=
(. &udge conducts e) parte
preliminar eDamination to
determine probable cause
" ,n determining probable cause* judge
must:
$1% 5ersonall eDamine 'itness
$(% @itness must be under oath
$+% ADamination must be reduced to
'riting $Luna vs. Plaza%
" ,n determining probable cause* the
judge ma rel on fndings b responsible
o!cer $Lim vs. 3eli)%
iii. &udge issues 'arrant of arrest
" ,f 'ithout preliminar eDamination*
considered irregular $2agcal vs. 8illaraza%
iv. ,f peace o!cer is unable to serve
'arrant 18 das after issuance* he must
fle a report and eDplanation 'ith judge
'ithin 18 das
v. ,f 'arrant served
$1% 5erson informed that he is being
arrested
$(% ,nformed of cause of his arrest
$+% 7!cer ma brea4 door or 'indo' if
admission to building is refused
$2% 5erson phsicall restrained
" 1or private citi6ens ma4ing an arrest
" Ma not do so eDcept to do some
service to humanit or justice
$:% .o violence or unnecessar force
ma be used
$>% 7!cer ma summon assistance
$?% 5erson 'ho escapes after arrest ma
be immediatel pursued
vi. 5erson arrested is brought to
nearest police station or jail
b. @ithout 'arrant:
1. 5erson is arrested
1. 5erson arrested ma 'aive
right to -rt. 1(:* R5C and as4
for preliminar investigation
or in3uest
" 1iscal is not judicial authorit
contemplated under -rt. 1(: $7a&o vs.
C(ief of Police%
1. 1iscal fles info
:. Re3uisites for a 'arrant of arrest:
1. 5robable cause
(. /igned b judge
+. /pecifcall naming or particularl
and su!cientl describing person
to be arrested
" &ohn Eoe 'arrants are void for being
general 'arrants $Pangandaman vs.
Cesar%
>. Remedies
a. 5etition for 'rit of (abeas corpus
" 1iled 'ith an court* to efect
immediate release of the person
detained
" 1iled 'hen a person is being illegall
detained $'ithout judicial process%* or
'as illegall arrested $void 'arrant or
unla'ful 'arrantless arrest* or
'arrantless arrest beond period 'ith no
information fled%
" Aabeas corpus is not allo'ed 'hen:
1. The person is in custod of an
o!cer under process of la'* and
(. The court had jurisdiction to issue
the process $Luna vs. Plaza%
" ,f an arrest is improper* the remed is
a motion for 3uashal of the 'arrant of
arrest andOor a motion to 3uash the
information* not (abeas corpus $Ilagan
vs. 9nrile%
" Aabeas corpus is no longer available
after an information has been fled* the
information being the judicial process
re3uired b la' $Ilagan vs. 9nrile%
" Aabeas corpus is proper 'hen a
person is being restrained illegall* e.g.*
F
imprisoned past maDimum penalt
allo'ed b la' $Gumabon vs. ;irector of
Prisons%
b. Guashal of 'arrant of arrest
" 1iled 'ith court 'hich issued the
'arrant of arrest 'hen the 'arrant of
arrest is fatall Pa'ed
c. Motion to 3uash information
" 1iled 'ith court 'hen information
against the person arrested has been
fled
" Must be made in a Mspecial
appearanceN before the court
3uestioning onl its lac4 of jurisdiction
over the person of the accused
" 7ther'ise* the voluntar appearance
of the person arrested b fling a motion
before the court 'ould be deemed a
submission to the authorit of the court*
thus granting it 'hatever jurisdiction it
lac4ed over the person
" -n irregularit in the arrest is cured
'hen the petitioner submits himself to
the jurisdiction of the court* e.g.* b fling
for bail $2agcal vs. 8illaraza%
?. 8.8. 4endoza- B0ig(ts to Counsel in
Custodial InvestigationC
" Avolution of rights of the accused
under custodial investigation
1. -ll involuntar confession 'ere
inadmissible# accused had to prove
involuntariness
1. ,nvoluntar confessions 'ere
inadmissible onl if the 'ere
false
(. Revert to eDclusionar rule:
an involuntar confession is
inadmissible
1. Miranda rule: the
accused must be
informed of his rights
1. To remain silent
(. -gainst selfC
incrimination
+. To counsel
2. Eefnition of
custodial
investigation
3uestioned
1. ,t begins
onl after
arrest
(. 5olice
investigatio
ns prior to
arrest are
not covered
+. The rights
ma be
'aived* but
the rights
to be
informed of
these
rights* i.e.*
to 'arning*
ma not be
'aived
2. @arning
must not
onl be
said* o!cer
must ma4e
sure the
person
arrested
understand
s them
specifcall
:. 5resent
rules
1. ;olun
tar
confe
ssion
s are
admi
ssible
(. Test
of
volun
tarine
ss
deter
mine
d on
a
caseC
toC
18
case
basis
+. @aiv
er of
rights
must
not
onl
be
'ith
couns
el but
must
be in
'ritin
g
" Confessions made 'ithout assistance
of counsel are inadmissible as evidence
to incriminate the accused* but the ma
be used to impeach the credibilit of the
accused* or the ma be treated as
verbal admission of the accused through
the testimon of the 'itnesses $People
vs. 4olas%
Rule 11( )ail
1. 2ail ) securit given for the release of
a person in custod of la'* furnished b
him or a bondsman* conditioned upon his
appearance before an court as re3uired
under the follo'ing conditions:
1. Lnderta4ing efective upon
approval and remains in force at all
stages until promulgation of
judgment* unless sooner cancelled
(. -ccused shall appear before court
'hen re3uired
+. 1ailure to appear despite notice to
him or the bondsman 'ill 'aive his
right to be present and trial shall
proceed in absentia
2. Hondsman shall surrender accused
for eDecution of judgment
" Hail applies to all persons detained*
not just to those charged 'ith the ofense
$Aerras vs. 6ee(anDee%
" Court has po'er to prohibit person out
on bail from leaving the countr
$4anotoc- ?r. vs. C1%
" Hail implies deliver of the accused to
the sureties 'ho* though not holding him
prisoner* ma sei6e him and imprison
him until the can deliver him to court
$>7 vs. 2onoan%
(. General Rule: -ll persons are entitled
to bail as a matter of right* e)cept those
charged 'ith capital ofenses.
" Right to bail traditionall unavailable
to militar personnel facing court martial*
'ho are not in the same class as civilians
$Comendador vs. de 8illa%
" Hail should be available regardless of
other circumstances or the merits of the
case* if the health or the life of the
detainee is in danger $;ela 0ama vs.
PeopleEs Court%
" ADcessive bail is tantamount to denial
of bail* 'hich is unconstitutional $;ela
Camara vs. 9nage%
+. @hen bail is a matter of right
" Hefore or after conviction b MTC*
MCTC* M&C
" Hefore conviction b the RTC of an
ofense not punishable b death*
reclusion perpetua or life imprisonment
2. @hen bail is discretionar
$application fled 'ith court 'here case is
pending%
1. Lpon conviction b RTC of an
ofense not punishable b death*
reclusion perpetua or life
imprisonment
(. 5rovisional libert under same
circs. but during period to appeal
subject to consent of bondsman
+. ,n case he has applied for
probation after fnal judgment* he
ma be allo'ed temporar libert
under his bail or recogni6ance
:. 5rocedure
a. 7fense charged is not capital:
i. -ccused applies for bail
$1% @here information against him 'as
fled or 'here case is pending
11
$(% -bsent $1%* in another branch of the
same court 'ithin the province or cit
'here he is held
$+% ,f arrested in another province* cit
or municipalit* fle 'ith the RTC
$2% -bsent $+%* 'ith the MTC
1. &udge sets bail
1. -ccused ma move to reduce
bail* and hearing 'ill be set
(. -ccused posts bail and
deposits the same 'ith the
MunicipalOCitO5rovincial
Treasurer or* if cash* 'ith the
Collector of ,nternal Revenue
+. -ccused is released
b. 7fense charged is capital:
1. -ccused petitions for bail
(. &udge sets hearing to determine
'hether evidence of guilt is strong
" 9)@parte hearing on bail is arbitrar
and unacceptable $Aerras vs. 6ee(anDee%
1. 5rosecution presents evidence
1. Court ma not force fscal to
produce evidence $Aerras vs.
6ee(anDee%
(. ,f evidence is strong* bail is
denied
1. 7ther'ise* judge sets
bail and procedure for
nonCcapital ofense is
follo'ed
" ,n capital crimes* judge0s discretion is
limited to determining strength of
evidence and does not cover determining
'hether bail should be allo'ed $Aerras
vs. 6ee(anDee%
" Avidence must be strong that the
accused is guilt of the capital ofense
charged* not just of an ofense
$2ernardez vs. 8alera%
>. 2ail bond ) an obligation under seal
given b accused 'ith one or more
sureties and made paable to proper
o!cer 'ith the condition to be void upon
performance b the accused of such acts
as he ma legall be re3uired to perform
?. Recogni6ance
1. 7bligation of record entered into
before some court of magistrate
dul authori6ed to ta4e it* 'ith the
condition to do some particular act*
the most usual condition in criminal
cases being the appearance of the
accused for trial
(. Eoes not re3uire signature of
accused for trial
+. Eoes not re3uire signature of
accused to be valid
=. 5rosecution 'itnesses ma be
re3uired to post bail to ensure their
appearance at the trial* e)cept:
1. /ubstitution of info $see R118* 912%
(. Court believes that material
'itness ma not appear at the trial
F. @hen bail re3uired under R- >8+>
$violation of ordinance* light felon*
criminal ofense ) not higher that >
month imprisonment andOor 5(888 fne*
or both%
1. a. Caught in Fagrante
(. Confessed to commission of
ofense unless repudiated $force
and intimidation%
+. 5reviousl escaped* evaded
sentence or jumped bail
2. ;iolation of /ec. ( $fails to report to
cler4 of court periodicall under his
recogni6ance%
:. Recidivist* habitual delin3uent
previousl convicted for an ofense
to 'hich the la' or ordinance
attaches an e3ual or greater
penalt or for ( or more ofenses to
'hich it attaches a lighter penalt
>. Committed ofense 'hile on parole
or under conditional pardon
?. 5reviousl pardoned b municipal
or cit maor for violation of
ordinance for at least ( times
18. ,nstances 'hen accused ma be
released on recogni6ance:
1. 7fense charged is a violation of an
ordinance* a light felon or criminal
1(
ofense the imposable penalt to
'hich does not eDceed > months
and or 5(888 fne
(. 5erson has been in custod for a
period e3ual to or more than the
minimum of the imposable
principal penalt* 'ithout
application of the ,ndeterminate
/entence <a' or an modifing
circumstance
+. -ccused has applied for probation
and before the same has been
resolved* but .7 H-,< 'as fled or
accused is incapable of fling one
2. Iouthful ofender held for phsical
and mental eDamination* trial or
appeal* if unable to furnish bail
11. Cancellation of bail
a. Lpon application 'ith the court and
due notice to the fscal
1. -ccused surrenders bac4 to
custod
1. -ccused dies
b. -utomatic cancellation
1. Case is dismissed
1. -ccused is ac3uitted
(. -ccused is convicted and
surrenders for eDecution of
judgment
1(. @hen bail cancelled or denied: after
RTC imposes imprisonment eDceeding >
ears* but not more than (8 ears* and:
1. -ccused is a recidivist* 3uasiC
recidivist* habitual delin3uent or
guilt of the aggravating
circumstance of reiteration#
(. 5rovisionall escaped* evaded
sentence* violated provisions of
bail#
+. Committed ofense 'hile on
probation* parole* or conditional
pardon#
2. 5robabilit of Pight# or
:. Lndue ris4 that during appeal* he
ma commit another crime
1+. @hen bail is forfeited
a. -ccused fails to appear before court
'hen re3uired
" +8 das for bondsman to sho' cause
'h judgment should not be rendered
against him
b. Hondsman fails to produce him 'ithin
+8 das
c. Hondsman fails to satisfactoril
eDplain to the court 'h accused did not
appear 'hen frst re3uired to do so
" /ureties guarantee onl appearance of
the accused* not his conduct $>7 vs.
2onoan%
" /ureties eDonerated if appearance
made impossible b an act of God* the
obligee or the la' $>7 vs. 2onoan%
12. 5rovisional forfeiture
1. @ithin +8 das* produce the bod
or give reason for nonCproduction
-.E
(. ADplain satisfactoril the absence
of the accused 'hen frst re3uired
to appear
1:. Remedies
1. -pplication for bail* 'hen bail can
be availed of as a matter of right
(. 5etition for bail* 'hen the ofense
charged is a capital ofense
" 1or judge to set hearing for the
determination of strength of evidence of
guilt
1>. Circumstances to be considered in
fDing amount of bail:
1. 1inancial abilit of accused to give
bail#
(. .ature and circumstances of
ofense#
+. 5enalt of ofense charged#
2. Character and reputation of
accused#
:. -ge and health of accused
>. @eight of evidence against
accused
1+
?. 5robabilit of accused appearing
for trial#
=. 1orfeiture of other bonds#
F. 1act that accused 'as a fugitive
from justice 'hen arrested# and
18. 5endenc of other cases in
'hich the accused is under bond
1?. .otes:
1. 5osting bail 'aives the right to
3uestion an irregularit attending
the arrest of a person $Callanta vs.
8illanueva%. Qo'ever* this does
not result in 'aiver of the
inadmissibilit of the articles sei6ed
incidentall to such illegal arrest.
(. -ccused 'aived the right to
3uestion an irregularit in the
conduct of the preliminar
investigation 'hen he failed to do
so before entering his plea $People
vs. ;ela Cerna%
+. -ccused out on bail ma be reC
arrested if he attempts to depart
from the 5hilippines 'ithout prior
court permission $'arrantless
arrest allo'ed%.
Rule 11* Ri&+ts of A""use
1. Right of the accused under the Rules
a. To be presumed innocent until proven
guilt beond reasonable doubt
" ,n an appeal from a conviction* the
accused shall again be presumed
innocent until and unless his conviction is
a!rmed $Castillo vs. 3eli)%
b. To be informed of the nature and
cause of charges
" The right must be substantiall
complied 'ith# arraignment and later
proceedings must be in a language the
accused understands $People vs.
Crisologo%
c. To be present at ever stage of
proceedings* subject to 'aiver b bail
" ,f an accused escapes* he 'aives this
right and merits a trial in absentia# the
accused forfeits his rights to be notifed
of proceedings in the future and to
adduce evidence in his behalf $People vs.
7alas%
1. To testif as 'itness on his o'n
behalf* subject to crossC
eDamination on matters covered b
direct eDamination# not to be
prejudiced b his silence
(. .ot to be compelled to be a
'itness against himself
+. To confront and eDamine the
'itnesses against him* including
the right to use in evidence
testimon of a 'itness
2. @ho is deceased* out of or cannot
'ith due diligence be found in the
R5
1. Given in another proceeding
(. @ith the same parties
+. /ame subject matter
2. 7pportunit to crossCeDamine
" 5rosecution has no privilege to
'ithhold the identit of informers 'hen
such informer 'as crucial in the
operation itself# failure to present the
informer is a denial of the right to
confront the 'itness 'hich merits the
reversal of the conviction $People vs.
2agano%
g. To have compulsor process to secure
'itnesses and evidence in his behalf
h. To have a speed* impartial and
public trial
" Lnreasonable postponements of trial
amounts to a denial of the right to a
speed trial* entitling the accused to
mandamus to compel dismissal of the
case* or to habeas corpus if he is
detained
i. To have the right of appeal
(. Rights of the accused under the
Constitution
a. To due process
b. -gainst selfCincrimination
12
" Right is limited to testimonies# ocular
inspection of the bod ma be allo'ed
$8illaFor vs. 7ummers%
" Heing informed of rights means a
meaningful transmission of information*
'ithout 'hich confession made b the
accused is inadmissible $People vs.
Nicandro%
" Confessions obtained through coercion
are inadmissible $People vs. 5pida%
" Right against selfCincrimination and to
counsel do not appl during custodial
investigation $People vs. 1&son%
" Euring trial* the right against selfC
incrimination ta4es the follo'ing form:
1. -ccused ma refuse to testif
(. ,f he testifes* he ma refuse to
ans'er those 3uestions 'hich ma
incriminate him in -.7TQAR
ofense
c. -gainst double jeopard
d. To be heard b himself and counsel
+. Eouble jeopard
1. 1irst jeopard must have attached
prior to the frst
(. 1irst jeopard attached and
terminated
+. ;alid complaint or information
1. Competent court 'ith
jurisdiction
(. -ccused had pleaded
+. -ction ended in conviction*
ac3uittal or termination
'ithout the consent of the
accused
c. 7fense charged in later case is:
1. /ame as that in previous case
1. .ecessaril includes or is
included in the previous case
(. -n attempt or frustration of
the ofense in previous case
1. -n ofense lesser than
that charged to 'hich
the accused pleaded
guilt 'ith the consent
of the fscal and the
ofended part
2. ADceptions to double jeopard
1. The ofense 'as made graver b
supervening events
(. The facts constituting the graver
ofense 'ere onl discovered after
the fling of the earlier information
" .o double jeopard if the ne' fact
'hich justifed the ne' charge arose onl
after arraignment and conviction $People
vs. Cit& Court%
" .o double jeopard 'here the trial 'as
a sham since there 'as no competent
court $Galman vs. 7andiganba&an%
" .o double jeopard if frst case 'as
dismissed 'ith consent of the accused
$Caes vs. I1C%
" There is double jeopard if a person is
charged t'ice under diferent penal
statutes for the same acts $People vs.
0elova%
c. 5lea of guilt to a lesser ofense
'ithout the consent of the fscal and the
ofended part
:. Remedies
1. Motion to 3uash
(. Motion to dismiss
" Hoth fled on the ground of violation of
accused0s rights* thereb ousting the
court of jurisdiction
>. N5697:
" Constitution* -rt. ,,,* /ec. 1
.o person shall be deprived of life*
libert or propert 'ithout due process of
la'* nor shall an person be denied the
e3ual protection of the la's.
" Constitution* -rt. ,,,* /ec. 12
1. .o person shall be held to ans'er
for a criminal ofense 'ithout due
process of la'.
1:
(. ,n all criminal prosecutions* the
accused shall be presumed
innocent until the contrar is
proved* and shall enjo the right to
be informed of the nature and
cause of the accusations against
him* to have a speed* impartial
and public trial* to meet the
'itnesses face to face* and to have
compulsor process to secure the
attendance of 'itnesses and the
production of evidence in his
behalf.
Qo'ever* after arraignment* trial ma
proceed not'ithstanding the absence of
the accused provided that he has been
dul notifed and that his failure to
appear is unjustifable.
" Constitution* -rt. ,,,* /ec. 1>
-ll persons shall have the right to a
speed disposition of their cases before
all judicial* 3uasiCjudicial* or
administrative bodies.
" Constitution* -rt. ,,,* /ec. 1?
.o person shall be compelled to be a
'itness against himself.
" Constitution* -rt. ,,,* /ec. (1
.o person shall be t'ice put in jeopard
of punishment for the same ofense.
,f an act is punished b a la' or
ordinance* conviction or ac3uittal under
either shall constitute a bar to another
prosecution for the same act.
Rule 11, Arrai&nment an Plea
1. 5rocedure
1. Court informs accused of his right
to counsel and as4s him if he 'ants
one
(. Court appoints counsel de o+cio if
accused has none
" ,f no such member of the available*
an person 'ho is a resident of the
province* of good repute for probit and
abilit to defend accused
c. Court gives counsel time to confer
'ith accused at least an hour before
arraignment
" 5eriod allo'ed for counsel de o+cio to
confer 'ith accused must be
substantiall complied 'ith# if not* case
ma be remanded for reCarraignment
$People vs. Gonzaga%
1. -ccused given a cop of the
information* 'hich is read to him in
a language he understands
(. -ccused is as4ed 'hether he
pleads guilt or not guilt
+. -ccused fles a motion to 3uash or
ma4es plea
2. -ccused personall ma4es his plea
:. 5lea is entered into record
>. ,f accused ma4es plea of not guilt*
counsel has at least ( das to
prepare for trial
" People vs. 1gba&ani ) the right for (
das to prepare must be eDpressl
demanded. 7nl 'hen so demanded
does denial thereof constitute reversible
error and ground for ne' trial. 1urther*
such right ma be 'aived* eDpressl or
impliedl.
" .7TA* Q7@A;AR* under /C Circular +=C
F= $implementing M/peed Trial -ct of
1FF?N%* accused must be given at least
1: das to prepare for trial* 'hich shall
commence 'ithin +8 das from receipt of
5reCTrial 7rder.
j. Case proceeds to preCtrial* trial or
hearing* depending on the plea
" /tatement in the judgment that the
accused 'as arraigned and pleaded is
su!cient# the manner of statement of
such fact is immaterial $People vs.
Cariaga%
(. Rinds of plea
1. .o plea ) a plea of not guilt shall
be entered
(. Conditional plea of guilt ) a plea of
not guilt shall be entered
+. .ot guilt ) case proceeds to trial
or preCtrial
1>
2. Guilt to a lesser ofense ) if fscal
and ofended part consents*
conviction under ofense charged
for purposes of double jeopard
:. ,nfo ma be amended
1. Case goes to trial
(. Aven if info is not amended*
and even if lesser ofense is
not included in ofense
charged* court ma still fnd
the accused guilt of that
lesser ofense
e. Guilt to a capital ofense
" Court conducts searching in3uir to
determine if accused 'as a'are of the
charges* of his plea* and its
conse3uences
" Court re3uires prosecution to present
evidence to prove guilt of accused and
determine his degree of culpabilit* and
accused ma still establish presence of
mitigating circumstances in his favor
f. Guilt to a nonCcapital ofense
" Court receives evidence from the
parties to determine penalt to impose
" 5lea of guilt not necessaril follo'ed
b conviction. Lpon receipt of
eDculpator evidence $if accused pleaded
guilt%* trial court should consider the
plea 'ithdra'n and in its place* order the
plea of not guilt
" 5lea of guilt 'aives onl defects 'hich
ma be ta4en advantage of b motion to
3uash or b plea in abatement# cannot
cure jurisdictional defects.
+. Afects
a. Antr of plea 'ill 'aive
1. Right to 3uestion illegalit of the
arrest
(. Right to 3uestion an irregularit in
the preliminar investigation
+. Right to fle a motion to 3uash
b. ,mprovident plea of guilt ma be
changed to not guilt an time before
judgment is rendered
c. - plea of not guilt ma not be
changed to guilt* as doing so 'ould onl
spare the prosecution of presenting
evidence and still result in the conviction
of the accused.
2. Remedies
a. Motion for specifcation
" Ma be fled an time before plea*
even after a MTG
" 1iled 'hen the information is
insu!cient in form or is generall
'orded* that a Hill of 5articulars is
necessar to clarif the acts for 'hich
the accused is being charged
b. Motion to 3uash
" Ma be fled at antime before plea is
entered
" Hased on grounds provided b the
rules
c. Motion to suspend arraignment
" 1iled 'hen the accused seems
mentall unsound or if there is a
prejudicial 3uestion in a pending civil
case
d. Motion to 'ithdra' an improvident
plea of guilt
" Ma be fled at an time before
judgment of conviction becomes fnal*
'hen it can be sho'n that the accused
'as not a'are of the signifcance of
pleading guilt to the charges
Rule 11- Motion to .uas+
1. 4otion to =uas( ) a hpothetical
admission that even if all the facts
alleged 'ere true* the accused still
cannot be convicted due to other reasons
(. @hen to fle Motion to Guash
General Rule: Hefore entering plea# all
grounds not raised deemed 'aived
9)ception: The follo'ing grounds ma
be used in MTG even after plea
1. .o ofense charged
1?
(. <ac4 of jurisdiction over the ofense
charged
+. ADtinction of the ofense or of the
penalt
2. Eouble jeopard
+. Grounds
a. ,nformation does not conform to
prescribed form
" 1or the info to charge a compleD crime*
it is not necessar that it be defned b
la'* onl that it alleges that one ofense
'as necessar to commit the other
$People vs. 1lagao%
b. Court has no jurisdiction
1. .o territorial jurisdiction
(. .o jurisdiction over ofense
charged ma be raised at an
time# no 'aiver considered even
upon failure to move to 3uash on
such ground
+. .o jurisdiction over person of the
accused
" The court gained jurisdiction over the
person of the accused 'hen he
voluntaril appeared for the preC
suspension hearing $La&osa vs.
0odriguez%
c. -ccused 'ould be put in double
jeopard
" Hars another prosecution
" .o 'aiver
" .o double jeopard if frst case 'as
dismissed 'ith the consent of the
accused $Gue vs. Cosico%* unless ground
for dismissal is: $a% denial of right to
speed trial# or $b% insu!cienc of
evidence.
" ,f the frst case 'as dismissed due to a
defcient information* then there 'as no
valid information and there could be no
double jeopard $Caniza vs. People%
" Cudia vs C1 ) it should be the
5rovincial 5rosecutor of 5ampanga* not
the Cit 5rosecutor* 'ho should prepare
informations for ofenses committed
'ithin 5ampanga but outside -ngeles
Cit. -n information must be prepared
and presented b the prosecuting
attorne or someone authori6ed b la'.
,f not* the court does not ac3uire
jurisdiction. -lthough failure to fle a
motion to 3uash the information is a
'aiver of all objections to it insofar as
formal objections to pleadings are
concerned* 3uestions relating to 'ant of
jurisdiction ma be raised at an stage of
the proceedings. Moreover* since the
complaint or information 'as insu!cient
because it 'as so defective in form or
substance that conviction upon it could
not have been sustained* its dismissal
'ithout the consent of the accused
cannot be pleaded as prior jeopard* and
'ill not be a bar to a second prosecution.
d. More than one ofense 'as charged*
ABCA5T 'here la' prescribes single
punishment for various ofenses
e. 1acts alleged do not constitute an
ofense
" Ma be raised at an time
" .o 'aiver
" 1or charge to be complete* it is
necessar to state that it 'as eDempted
from an amnest eDisting at the time
f. Criminal action or liabilit has been
eDtinguished
g. ,nformation contains allegations
'hich* if true* 'ould be a legal eDcuse or
justifcation
h. 7!cer 'ho fled the information had
no authorit
" 5resentation of evidence cannot cure
an invalid information $People vs.
1suncion%
N569: Court 'ill consider no other
grounds other than those raised* ABCA5T
lac4 of jurisdiction over ofense charged.
2. Re3uisites of Eouble jeopard
a. ;alid information or complaint*
su!cient in form and substance
1=
b. Hefore court of competent jurisdiction
" Eoctrine of M&urisdiction b 9stoppelN:
depends upon 'hether the lo'er court
actuall had jurisdiction or not. ,f it had
no jurisdiction* but the case 'as tried
and decided upon the theor that it had
jurisdiction* the parties are not barred on
appeal* from assailing such jurisdiction*
for the same Smust eDist as a matter of
la'* and ma not be conferred b
consent of the parties or b estoppel0.
Qo'ever* if the lo'er court had
jurisdiction* and the case 'as heard and
decided upon a given theor* such* for
instance* as that the court had no
jurisdiction* the part 'ho induced it to
adopt such theor 'ill not be permitted*
on appeal* to assume an inconsistent
position T that the lo'er court had
jurisdiction. Qere* the principle of
estoppel applies. The rule that
jurisdiction is conferred b la'* and does
not depend upon the 'ill of the parties*
has no bearing thereon.
c. -ccused had pleaded
d. Conviction* ac3uittal* or dismissal or
termination of case 'ithout consent of
accused
e. Har to ofense charged* attempt to
commit the same or necessaril includes
or is necessaril included
" Conviction for phsical injuries through
rec4less imprudence constitutes double
jeopard to the charge of damage to
propert through rec4less imprudence.
:. 5rocedure
1. MTG fled
(. ,f based on defect in info 'hich can
be cured* court shall order its
amendment
+. Guashing the info shall .7T be a
bar to subse3uent prosecution
$accused has not pleaded et%*
ABCA5T 'hen the ground is:
1. Eouble jeopard 7R
(. ADtinction of criminal liabilit
>. Remedies
1. Motion to dismiss ) if certain
grounds 'ere not raised or denied
in a MTG
(. Trial
" ,f there 'as reall no basis for the info*
then such could be proved in the trial
" Lpon denial of a MTG* the proper
remed is to go on trial and later to
appeal* if necessar# mandamus or
certiorari 'ill onl be granted if there is
not other plain* simple and ade3uate
remed
?. 1ailure to move to 3uash or to allege
an ground therefor deemed a 'aiver of
such grounds* e)cept:
1. 1ailure to charge an ofense
(. <ac4 of jurisdiction over the ofense
charged
+. ADtinction of the ofense or of the
penalt
2. Eouble jeopard
Rule 11/ Pre0Trial
1. Plea bargaining ) process 'hereb
the accused and the prosecution in a
criminal case 'or4 out a mutuall
satisfactor disposition of the case
subject to court approval. ,t usuall
involves the defendant0s pleading guilt
to a lesser ofense or to onl some of the
counts of a multiCcount indictment in
return for a lighter sentence than that for
the greater charge.
" Lnder M/peed Trial -ct of 1FF?N* in all
criminal cases cogni6able b the MTC*
MCTC* MeTC* RTC and /andiganbaan*
pretrial is mandator.
" Lnder /C Circular +=CF=* implementing
the M/peed Trial -ct of 1FF?N* an
accused ma plea guilt to a lesser
ofense onl if said ofense is necessaril
included in the ofense charged.
(. /tipulation of facts
" 1acts 'hich both parties and
respective counsels agree on as
evidenced b their signatures# these
facts need not be proved b evidence in
trial
1F
" /tipulation is inadmissible if unsigned
b either accused or counsel# a later
memo of confrmation* signed onl b
counsel* cannot cure defect $3ule vs. C1%
+. 5reCtrial order ) binds the parties*
limits the trial to matters not et
disposed of* and controls the course of
action during the trial
2. 5rocedure
1. &udge must calendar preCtrial
(. Aither part ma 'aive the preCtrial
+. ,f court appoints counsel de o+cio*
counsel has at least ( das to
prepare
2. ,n the preCtrial conference
:. 5lea bargaining
>. /tipulation of facts
?. Mar4ing of evidence $does not
impl conceding to its admissibilit
or credibilit%
=. @aiver of objections to
admissibilit of evidence
F. 7ther matters 'hich 'ill promote a
fair and eDpeditious trial
e. &udge issues preCtrial order
Rule 111 Trial
1. ,n trial* the defense tries
1. To assail the admissibilit of
evidence 'hich prove the elements
of the ofense charged
(. To assail the credibilit of such
evidence
+. To prove another version* possibl
admitting certain evidence of the
prosecution and adding other
evidence to cast reasonable doubt
" Aven in summar procedure* the judge
cannot base his decision simpl on
a!davits# he must give the defendant
the chance to crossCeDamine $Combate
vs. 7an ?ose%
(. 5rocedure
a. 5arties notifed of date of trial ( das
before trial date $R11F* 91%
" Q7@A;AR* under /C Circular +=CF=*
accused must be given at least 1: das
to prepare for trial* 'hich shall
commence 'ithin +8 das from receipt of
5reCTrial 7rder.
1. -ccused ma move that his
'itnesses be eDamined
(. Eefense 'itnesses eDamined b
an judge or la'er
+. 5rosecution 'itnesses* if the
'ould be unable to attend trial*
ma be eDamined b the judge
handling the case
2. Trial continues from da to da*
unless postponed for a just cause
:. 5rosecution presents evidence
" 5resentation
" Testimonies: direct eDamination
" CrossCeDamination
" ReCcross
" 7fer
1. -ccused ma move for discharge
(. 5rosecution rests
+. Eefense ma* 'ith or 'ithout leave
of court* fle a demurrer to
evidence
2. Eefense presents evidence
:. Eefense rests
>. 5rosecution presents rebuttal
evidence
?. Eefense presents rebuttal evidence
=. Trial is closed# case is submitted for
judgment
+. @hen mista4e made in charging
proper ofense
1. ,f -ccused cannot be convicted of
ofense charged or ofense
necessaril included therein
(. -ccused detained* not discharged
(8
+. 7riginal case dismissed upon fling
of proper information
" 9)ample: Charged 'ith theft. -t trial*
appears that ofense is estafa. The
prosecution can as4 for the dismissal of
the info in order to fle a ne' one for
estafa. .o Eouble &eopard because no
valid info in the frst case.
2. -pplication for eDamination of
'itnesses for accused before trial
1. /ic4 or infrm# unable to attend trial
(. Resides more than 188 4m. from
means of trial# no means to attend
:. -pplication $prosecution%
1. /ic4 or infrm
(. Qas to leave the R5 'ith indefnite
date of returning
>. Re3uisites for postponement due to
absence of a 'itness
1. @itness is reall material and
appears to the court to be so
(. 5art 'ho applies for
postponement has not been guilt
of neglect
+. @itness can be had at the time to
'hich the trial has been deferred
2. .o similar evidence could be
obtained
?. Re3uisites to discharge of an accused
as /tate @itness
1. Testimon of accused absolutel
needed
(. .o other direct evidence available
ABCA5T his testimon
+. Testimon can be corroborated on
material points
2. -ccused does not appear to be
most guilt
:. -ccused has never been convicted
of ofense involving moral turpitude
" Eischarge of accused* 'hen not all the
re3uisites 'ere met* cannot be revo4ed
as long as he testifed according to 'hat
'as eDpected of him $People vs. 1ninon%
=. Remedies
a. Motion for separate trials
" 1iled b the fscal to tr several
accused separatel
" Granted at the court0s discretion
" Ma also be ordered b the court motu
proprio
b. Motion to consolidate
" Lpon the court0s discretion* separate
charges ma be tried in one single case if
the ofenses charged arise form the same
facts or form part of a series of similar
ofenses
" Court allo'ed consolidation of rape
cases substantiall committed in the
same manner $People vs. ;avid%
c. Motion for continuance ) fled to
postpone trial for just cause
d. Motion to eDclude public
" ADcluding parties* counsels and court
personnel
" Ma also be ordered b court motu
proprio
e. Motion for discharge
" 1iled before the prosecution rests
" Qearing to determine eDistence of
re3uisites for discharge
" 5rosecution 'ill present evidence and
the s'orn statement of the proposed
state 'itness
" Avidence adduced in this said hearing
automaticall form part of trial# ho'ever*
if court denies motion for discharge* his
s'orn statement shall be inadmissible in
evidence.
" Eischarge of the accused has the
efect of ac3uittal* unless accused fails or
refuses to testif against his coCaccused
in accordance 'ith his statement $'hich
formed the basis for his discharge%
f. Eemurrer to evidence
(1
" Ma be made after the prosecution
rests its case
" ,f the court fnds the prosecution0s
evidence insu!cient* the case 'ill be
dismissed
" 7ther'ise* if demurrer denied
1. ,f the demurrer 'as made 'ith
leave of court* defense gets to
present evidence
(. ,f the demurrer 'as made 'ithout
leave of court* defense is deemed
to have 'aived the right to present
evidence and the case is submitted
for judgment
" Case ma also be dismissed motu
proprio
g. Motion to reopen
" 1iled after the case is submitted for
judgment but before judgment is actuall
rendered
" To allo' either side to present
additional evidence* if such could not be
found before
" Granted on discretion of the judge
" The accused cannot move to reopen
the case to allo' him to adduce evidence
in his behalf 'hen his failure to adduce
them during the trial 'as his o'n fault
$People vs. Cruz%
Rule 1$0 2u&ment
1. ?udgment ) adjudication b the court
that the accused is guilt or not guilt of
the ofense charged* and the imposition
of the proper penalt and civil liabilit
provided b la' on the accused
(. General Rule: ,f the accused is found
not guilt* he 'ill be ac3uitted and the
ac3uittal immediatel becomes fnal and
eDecutor. ,f the accused is found guilt*
penalt and civil liabilit 'ill be imposed
on him.
+. -ccused ma be convicted of
1. The ofense charged
(. - lesser ofense necessaril
included in the ofense charged
" -ccused cannot be convicted for an
ofense graver than that charged $People
vs. Guevarra%
2. Contents
1. @ritten in o!cial language
(. 5ersonall prepared and signed b
the judge
+. Contains facts proved
2. Contains la' upon 'hich judgment
is based
" ,n case of conviction- judgment must
state:
1. <egal 3ualifcation of ofense and
aggravating and mitigating
circumstances
(. <evel of participation
+. 5enalt imposed
2. Civil liabilit for damages* unless
right to separate civil action has
been reserved
" ,n case of ac=uittal- judgment must
state:
1. Civil liabilit for damages* unless
acts alleged clearl did not eDist
(. Hasis of liabilit
:. 5rocedure
1. &udge reads judgment in presence
of accused
(. ,f judgment is of ac3uittal
+. ,t becomes fnal and eDecutor
2. ,t bars subse3uent prosecution for
the same ofense
c. ,f judgment is of conviction* remed
is to fle:
1. Motion for reconsideration
(. Motion for ne' trial
+. .otice of appeal
" 7r else* judgment becomes fnal and is
entered in the boo4 of &udgments
>. @hen judgment in a criminal case
becomes fnal:
((
1. -fter lapse of period for perfecting
an appeal# or
(. @hen sentence partiall or totall
satisfed or served# or
+. -ccused has eDpressl 'aived in
'riting his right to appeal* ABCA5T
in cases of automatic revie' 'here
death penalt is imposed
2. -ccused has applied for probation
?. 7nl a judgment in conviction can be
modifed or set aside
1. Hefore judgment had been fnal
$other'ise double jeopard%#
(. Hefore appeal had been perfected#
or
+. To correct clerical errors in the
judgment
=. Remedies
a. -ppeal
" 1iled 'ithin 1: das of promulgation of
judgment
" 5eriod is interrupted b fling of a
motion for ne' trial or reconsideration
" 7n motion of accused or at its o'n
instance 'ith consent of the accused
b. Motion for reconsideration
" 1iled 'hen there are errors of la' or
fact in the judgment
" /hall re3uire no further proceedings
" .otice should be given to the fscal
c. Motion for ne' trial
" .otice should be given to the fscal
" 1iled on the follo'ing grounds:
1. Arror of la' or irregularities have
been made during trial 'hich are
prejudicial to the substantial rights
of the accused
ii. .e' evidence has been found 'hich
could not have been found before and
'hich could change the judgment
F. 5rocedure for ne' trial
1. Qearing shall be set and held
(. -ll evidence not alleged to be in
error shall stand
+. .e' evidence 'ill be introduced
2. 7ld judgment ma be set aside and
a ne' one rendered
18. Notes:
" 7uspension of sentence for &out(ful
oHenders ) after conviction* minor is
committed to custod and care of E/@E
or an training institution until reaches
(1 ears of age* or a shorter period
" Probation ) disposition under 'hich a
defendant after conviction and
sentences* is released subject to
conditions imposed b the court and to
the supervision of a probation o!cer
" Parole ) the conditional release of an
ofender from a penal or correctional
institution after he has served the
minimum period of his prison sentence
under the continued custod of the state
and under conditions that permit his
reincarceration if he violated the
conditions of his release
Rule 1$1 Ne3 Trial or
Re"onsieration
1. Reopening of the case
1. Made b the court before judgment
is rendered in the eDercise of sound
discretion
(. Eoes not re3uire consent of
accused
+. Ma be made at the instance of
either part 'ho can thereafter
present additional evidence
(. Motion for ne' trial
1. 1iled after judgment is rendered
but before the fnalit thereof
(. -t the instance or 'ith the consent
of the accused
+. The prosecution can move onl for
the reconsideration of the
judgment but cannot present
additional evidence
(+
+. Motion for .e' Trial is denied if:
1. 7nl impeaching evidence is
sought to be introduced as the
court had alread passed upon
issue of credibilit
(. 7nl corroborative evidence is
ofered
+. 5risoner admits commission of
crime 'ith 'hich accused is
charged $facilit 'ith 'hich such
confession can be obtained and
fabricated%
2. -lleged ne' evidence is inherentl
improbable and could easil be
concocted
:. -lleged ne' evidence consists of
recantations of prosecution
'itness* due to unreliabilit of such
recantations* ABCA5T if no other
evidence to sustain conviction
aside from recanted testimon
2. .e' Trial vs. Reconsideration
" Motion for recon is based on the
grounds of errors of la' in the judgment
is court is not as4ed to reopen the case
for further proceedings* but to reconsider
its fndings or conclusions of la' and
ma4e them conformable to the la'
applicable to the case on the judgment
the court has to render ane'.
:. .e' Trial vs. Modifcation of
&udgment
" ,n .e' Trial* irregularities are
eDpunged from the record andOor ne'
evidence is introduced. ,n modifcation
of judgment* no ne' hearings or
proceedings of an 4ind or change in the
record or evidence. - simple
modifcation is made on the basis of 'hat
is on the record.
>. .e' Trial vs. Reopening of the Case
" .e' trial presupposes that eDistence
of a judgment to be set aside upon the
granting of a ne' trial
" ,n reopening* no judgment has et
been rendered* although the hearing
ma have alread been closed
?. Motion for Reconsideration
" Grounds are errors of la' or fact in
judgment* 'hich re3uire no further
proceedings.
=. Afects of Granting Motion for .e'
Trial or Reconsideration
a. Hased on error of la' or irregularities
during trial:
" 5roceedings and evidence not afected
b irregularities stand* and those
afected are set aside. Court ma allo'
introduction of ne' evidence
b. Hased on ne'l discovered evidence:
" Avidence alread ta4en shall stand#
ne' evidence ta4en 'ith the old
Rule 1$$ Appeal
1. 5rocedure
a. 1iled 'ith RTC* if original case 'as
'ith MTC
" .otice served to lo'er court and to
adverse part
b. 1iled 'ith the C- or /C* if original
case 'as 'ith RTC
i. @ith C-: notice of appeal 'ith court*
and 'ith cop on adverse part
" ,f C- is of opinion that penalt should
be reclusion perpetua or higher* it shall
render judgment imposing said penalt*
but refrain from entering judgment and
then certif the case and the entire
record thereof to the /C for revie'
$R1(2* 91+%
" C- ma reverse* a!rm* or modif
judgment of RTC* or remand case for ne'
trial or reCtrial* or dismiss the case
" ,f RTC decided case in appellate
jurisdiction: 5etition for Revie'
ii. @ith /C: notice of appeal 'here
penalt imposed is life imprisonment* or
lesser penalt involving ofenses
committed on the same occasion* or
arising out of same occurrence 'here
graver penalt of death is available but
(2
life imprisonment is imposed# all other
cases* b petition for revie' on certiorari
" ,f death penalt* automatic revie'
iii. @ithdra'al of appeal
" Ma be made at an time before
judgment on the appeal is rendered
" <o'er court judgment becomes fnal
" Case remanded for eDecution of
judgment
" 7nce notice of appeal is fled* cannot
be validl 'ithdra'n to give 'a for a
Motion for Recon or a Motion for .e'
Trial* since the fling of the notice
perfected the appeal* and the trial court
loses its po'er to modif or set aside the
judgment. The onl valid 'ithdra'al of
an appeal is 'here the accused decides
to serve his sentence.
(. Afect of appeal b an of several
accused
1. /hall not afect those 'ho did not
appeal* ABCA5T if favorable and
applicable to them
(. Civil appeal b ofended part shall
not afect criminal aspect of
judgment
+. ADecution of judgment on appellant
'ill be staed upon perfection of
appeal
+. @hen appeal b prosecution from
order of dismissal of criminal case 'ill
not result in double jeopard
1. Eismissal made upon motion or
'ith eDpress consent of the
accused
(. Eismissal is not an ac3uittal nor
based upon consideration of the
evidence or merits of the case
+. Guestion to be passed upon b the
appellate court is purel legal so
that if the dismissal is found
incorrect* the case has to be
remanded to the court of origin to
determine the guilt or innocence of
the accused
2. @hen serving sentence* remed is to
petition for (abeas corpus
1. 1iled 'hen the la' under 'hich the
accused 'as convicted is repealed
or declared unconstitutional
(. @hen a later judgment is rendered
ac3uitting others for similar
circumstances
" 7ther'ise* e3ual protection is violated
1. @hen penalt is lo'ered and
convict has alread served more
than the maDimum period of the
ne' penalt
" Aabeas corpus is available 'hen a
person is imprisoned beond the
maDimum penalt imposed b la'
$Gumabon vs. ;ir. of Prisons%
N569: @hen dismissal is capricious*
certiorari lies and no double jeopard
since validit and not correctness of
dismissal is being challenged.
Rule 1$, Sear"+ an Sei4ure
1. 7earc( "arrant ) an order in 'riting
issued in the name of the 5eople of the
5hilippines* signed b a judge and
directed to a peace o!cer* commanding
him to search for personal propert
described therein and bring it before the
court
" Cannot be issued to loo4 for evidence
$>& I(etin vs. 8illareal%
" /ei6ing objects to be used as evidence
is e3uivalent to forcing one to be a
'itness against himself $>& I(etin vs.
8illareal%
" 1or a 'arrant to be valid* it must meet
the re3uirements set b la' $2urgos vs.
C(ief of 7taH%
" Tapping conversations is e3uivalent to
a search and sei6ure $>7 vs. Iatz%
(. General Rule: .o search or sei6ure can
be conducted unless it is authori6ed b a
search 'arrant. Avidence gathered from
an illegal search and sei6ure is
inadmissible.
(:
" @arrantless searches are illegal*
unreasonable and unconstitutional
$1lvarez vs. C3I%
" ,t is not the police action 'hich is
impermissible* but the procedure and
unreasonable character b 'hich it is
eDercised $Guazon vs. de 8illa%
" Court gains jurisdiction over items
sei6ed b a valid search 'arrant and
returned to it* and such is not an
unconstitutional deprivation of propert
$8illanueva vs. Guerubin%
" Avidence from an illegal search ma
be used as evidence* if no objection is
raised $7tone(ill vs. ;ioDno%
" Right against unreasonable search and
sei6ure ma be 'aived* but for the
'aiver to be efective:
1. The right must eDist
(. 5erson must be a'are of the right
+. 5erson clearl sho's the intent to
relin3uish such right
" .o 'aiver against unreasonable
search and sei6ure 'hen one
compromises the criminal proceedings
$1lvarez vs. C3I%
" There is no 'aiver of right 'hen
evidence of coercion is present $0oan vs.
Gonzales%
+. Re3uisites of a valid search 'arrant
a. ,ssued upon probable cause
" Probable cause ) such facts and
circumstances 'hich 'ould lead a
reasonabl prudent man to believe that a
crime has been committed and the thing
to be searched for and sei6ed is in the
place to be searched
b. 5robable cause is personall
determined b the issuing judge
" Qence* signed b him
" H an RTC* to be served an'here in
the countr* for an ofense 'hich
occurred an'here in the countr
$4alaloan vs. C1%
c. ,ssuing judge personall eDamined* in
the form of searching 3uestions* the
appellant and his 'itness and too4 do'n
their 'ritten depositions
d. /earch 'arrant particularl describes
or identifes the propert to be sei6ed
" 5ropert 'hich men ma la'full
possess ma not be the object of a
search 'arrant $>& I(etin vs. 8illareal%
" .ature of goods ma allo' description
to be general or not too technical
$1lvarez vs. C3I%
e. 5articularl describes the place to be
searched
f. ,t shall issue onl for one specifc
ofense
" 7ther'ise* cannot be said to have
issued upon probable cause $1sian
7uret& vs. Aerrera%
" -bsence of specifc ofense ma4es
impossible determination of probable
cause $7tone(ill vs. ;ioDno%
g. @as not issued for more than 18 das
prior to a search made pursuant thereto
$search 'arrant becomes void after 18
das%
h. ,ndicates time* if to be served at
night
2. @hen a search 'arrant ma be said to
particularl describe the thing to be
sei6ed
1. Eescription is as specifc as
circumstances allo'
(. ADpresses a conclusion of fact b
'hich the 'arrant o!cer ma be
guided
+. Things described are limited to
those 'hich bear a direct relation
to the ofense for 'hich the
'arrant is issued
:. 5rocedure
a. Complainant fles application*
attaches a!davits
(>
" 7ath re3uires that the person ta4ing it
personall 4no's the facts of the case
$People vs. 7& ?uco%
" -!davits submitted must state that
the premises is occupied b the person
against 'hom the 'arrant is issued* that
the objects to be sei6ed are fruits or
means of committing a crime* and that
the belong to the same person* thus*
not afecting third persons $People vs. 7&
?uco%
" @hen complainant0s 4no'ledge is
hearsa* a!davits of 'itnesses are
necessar $1lvarez vs. C3I%
b. &udge conducts e) parte preliminar
eDamination of complainant and
'itnesses under oath to determine
probable cause
" &udge must as4 probing 3uestions* not
just repeat facts in the a!davit $0oan vs.
Gonzales%
c. &udge issues search 'arrant good for
18 das
d. 5eace o!cer in presence of occupant*
members of the famil 7R ( 'itnesses of
su!cient age and discretion residing in
the same localit
" /earch ma last for more than a da
as long as it is part of the same search
for the same purpose and of the same
place $>& I(etin vs. 8illareal%
e. 5eace o!cer leaves receipt 'ith
occupant at place searched
f. 5eace o!cer fles return of search
'arrant and inventor* and surrenders
items sei6ed to receiving court $not
necessaril court 'hich issued the
'arrant%
" ,tems sei6ed illegall must remain in
custodia legis pending resolution of the
case $0oan vs. Gonzales%
>. Remedies from an unla'ful search
1. MTG the 'arrant
(. Motion to suppress as evidence the
objects illegall ta4en
+. Return of propert illegall sei6ed
?. @hen a search ma be validl
conducted 'ithout a 'arrant
1. @ithout consent of person
searched
(. @hen the search is incident to a
la'ful arrest
+. 5ersonal 4no'ledge of the
arresting person $Posadas vs. C1%
2. <imited to:
$1% ,mmediate time of arrest
$(% ,mmediate vicinit of the arrest
$+% @eapons and things 'hich ma be
used as proof of ofense charged
$Nolasco vs. Pano%
iii. /ubject in an ofense 'hich is mala
pro(ibita cannot be summaril sei6ed
$Roan vs. Gon6ales%
iv. Ma eDtend beond arrestee to
include premises and surrounding under
his immediate control
1. Horder searches $customs* mail
and airport%
(. ;essels and aircrafts for violation of
Tarif and Customs Code* ABCA5T
d'elling houses
+. 5lain vie'
2. Moving vehicle
:. Qot pursuit
>. /topCandCfris4* reasonable chec4C
points
?. 5rivate searches 'ith no state
action $People vs. 4arti%
=. ,nspection of building and premises
for enforcement of fre* sanitar
and building regulations
=. 5erson ma4ing the arrest ma ta4e
from the arrestee
1. 5roperties used in the commission
of the crime
(. 1ruits or proceeds thereof
+. 5ropert 'hich ma furnish the
arrestee 'ith a 'eapon against the
arresting person
(?
2. 5ropert 'hich ma be used as
evidence at the trial
F. N5697:
" Constitution* -rt. ,,,* /ec. (
The right of the people to be secure in
their persons* papers* houses and efects
against unreasonable searches and
sei6ures of 'hatever nature and for an
purpose shall be inviolable* and no
search 'arrant or 'arrant of arrest shall
issue eDcept upon probable cause to be
determined personall b the judge after
eDamination under oath or a!rmation of
the complainant and the 'itnesses he
ma produce* and particularl describing
the place to be searched and the persons
or things to be sei6ed.
" Constitution* -rt. ,,,* /ec. +
1. The privac of communication and
correspondence shall be inviolable
eDcept upon la'ful order of the
court* or 'hen public safet or
order re3uires other'ise as
prescribed b la'.
(. -n evidence obtained in violation
of this or the preceding section
shall be inadmissible for an
purpose in the proceeding.
Rule 1$- Pro#isional Remeies in
Criminal Cases
1. -ttachment as provisional remed in
criminal cases
1. -ccused is about to abscond from
R5
(. Criminal action is based on a claim
for mone or propert embe66led
or fraudulentl misapplied or
converted to the use of the
accused 'ho is a public o!cer* or
an o!cer of a corporation* or an
attorne* factor* bro4er* agent or
cler4 in a fduciar capacit* in
'illful violation of dut
+. -ccused has concealed* removed
or disposed of his propert* or is
about to do so
2. -ccused resides outside the R5
(=