Criminal Procedure

Atty. Victor Y. Eleazar

Suggested textbooks: Herrera, Remedial Law, Vol. IV; Riano, Criminal
Procedure
I.

General Principles
A.
Concept of Remedial Law
B.
Substantive Law as Distinguished from Remedial Law
1.
Concepts
a.
Substantive Law
b.
Procedural Law
c.
Jurisdiction
d.
Venue
C.
Rule-making Power of the Supreme Court
Sec. 5, Article VIII, 1987 Constitution
Echegaray v. The Secretary of Justice (Resolution in G.R. No.
132601, January 19, 1999, 301 SCRA 96)
1.
Limitations on the rule-making power of the
Supreme Court
Sec. 2 of Article VIII, 1987 Constitution
Sec. 30, Article VI, 1987 Constitution
Fabian v. Desierto, G.R. No. 129742, September 16, 1998,
295 SCRA 470
Kuizon v. Desierto, G.R. NO. 140619-24, March 9, 2001, 354
SCRA 158
Baviera v. Zoleta, G.R. No. 1609098, October 12, 2006, 504
SCRA 280
2.
Power of the Supreme Court to amend and suspend
procedural rules
Neypes v. Court of Appeals, G.R. No. 141524, September 14,
2005, 469 SCRA 633.
Rodriguez v. People, G.R. No. 192799, October 24, 2012, 684
SCRA 580
3.
Power to suspend procedural rules
Agote v. Lorenzo, G.R. No. 142675, July 22, 2005, 464 SCRA
60
Almuete v. People, G.R. No. 179611, March 12, 2013
People v. Gatward, G.R. No. 119722-73, February 7,
1997, 267 SCRA 785
Sumbilla v. Matrix Finance Corp., G.R. No. 197582,
June 29, 2015
4.
Retroactivity of procedural rules

Date of last revision, September 14, 2015

5.

6.

Article 4, Civil Code

Heirs of Eduardo Simon v. Chan, G.R. No. 157547, February
23, 2011, 644 SCRA 13
People v. Lacson, G.R. No. 149453, April 1, 2003, 400 SCRA
267
Basic principles in Jurisdiction
a.
Equity jurisdiction
Poso v. Mijares, A.M. No. RTJ-02-1693, August 21,
2002, 387 SCRA 485
San Juan v. Sandiganbayan, G.R. No. 173956, August
6, 2008
b.
Elements of Jurisdiction
(i)
Jurisdiction over the subject matter or nature
of the case
(ii) Jurisdiction over the parties
(iii) Jurisdiction over the res
c.
Estoppel
Figueroa v. People, G.R. No. 147406, July 14, 2008, 558
SCRA 63
d.
Elements of Criminal Jurisdiction
(i)
Territorial jurisdiction
(ii) Jurisdiction over the subject matter
(iii) Jurisdiction over the person of the accused
Classes of Jurisdiction
a.
Concepts
(i)
General
(ii) Special or Limited
(iii) Original
(iv) Appellate
(v) Exclusive
(vi) Concurrence/confluent/coordinate
Magno v. People, G.R. No. 171542, April 6, 2011
b.
Nature of Philippine Courts
(i)
Meaning of a court
(ii) Court as distinguished from a judge
c.
Classification of Philippine courts
d.
Courts of original and appellate jurisdiction
e.
Courts of general and special jurisdiction
f.
Constitutional and statutory courts
g.
Courts of law and equity
h.
Principle of judicial hierarchy
Declarador v. Judge Gubaton, G.R. No. 159208, August
18, 2006, 499 SCRA 341
Note: Issue on application of RA 9344 overturned in
People v. Sarcia, G.R. No. 169641, September 10, 2009
2

i.

II.

Perez v. Ombudsman, G.R. No. 131445, May 27, 2004

People and AAA v. Court of Appeals, G.R. No. 183652,
February 25, 2015
Doctrine of non-interference or doctrine of judicial
stability
(i)
Doctrine Of Judicial Stability
Bagalihog v. Judge Fernandez, G.R. No. 96356,
June 27, 1991
See Superlines Transportation Co. Inc. v.
Philippine National Construction Co., G.R. No.
169596, March 28, 2007 and Victory Liner Inc.
v. Bellosillo, A.M. No. MTJ-00-1321, March 10,
2004, 425 SCRA 79

Jurisdiction
A.
Jurisdiction in general
1.
Meaning of jurisdiction over the subject matter
2.
Jurisdiction versus the exercise of jurisdiction
3.
Error of jurisdiction as distinguished from error of
judgment
4.
How jurisdiction is conferred and determined
5.
Doctrine of primary jurisdiction
Sia v. People, G.R. No. 159659, October 12, 2006
Cabral v. Uy, G.R. No. 174584, January 20, 2010, 610 SCRA
405
Baviera v. Paglinawan, G.R. No. 168380, February 8, 2007,
515 SCRA 170
6.
Doctrine of adherence of jurisdiction
People v. Court of Appeals, G.R. No. 154557, February 13,
2008
a.
Instances when a court may lose jurisdiction even if
it has been attached to it
7.
The facts alleged in the complaint and the law in force at
the time of commencement of action determine the
jurisdiction
People v. Sandiganbayan (Rolando Plaza), G.R. No. 169004,
September 15, 2010, 630 SCRA 489
8.
Objections to jurisdiction over the subject matter
9.
Effect of estoppel on objections to jurisdiction
10. When injunction may be issued to restrain criminal
prosecution
Marcelo Jr. v. Villordon, G.R. 173081, December 15, 2010,
638 SCRA 557
Hipos v. Judge Bay, G.R. No. 174813-15, March 17, 2009,
581 SCRA 674

B.

C.

Enriquez v. Office of the Ombudsman, G.R. No. 174902-06,

February 15, 2008, 545 SCRA 618
Jurisdiction over the parties
1.
How jurisdiction over the accused is acquired
2.
Jurisdiction over the subject matter
3.
Distinguish jurisdiction over subject matter from
jurisdiction over person of the accused
Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486
SCRA 377
Alawiya v. Court of Appeals, G.R. No. 164170, April 16, 2009
David v. Agbay and People, G.R. No. 199113, March 18, 2015
4.
Jurisdiction of Criminal courts
Treas v. People, G.R. No. 195002, January 25, 2012
Sec. 4 of Rep. Act No. 10175
Serena v. Sandiganbayan, G.R. No. 162059, January 22,
2008, 542 SCRA 224
Jurisdiction of Courts
1.
Supreme Court
a.
Sec. 1, Art. VIII, 1987 Constitution
b.
Internal Rules of the Supreme Court
Rule 2, Sec. 3; Sec. 11; Sec. 14
Rule 3, Sec. 2; Sec. 3; Sec. 4
Rule 9, Sec. 5
Rule 10, Sec. 2
2.
Court of Appeals
a.
Sec. 9 of BP 129, as amended by Rep. Act No. 8246
b.
2009 Internal Rules of the Court of Appeals
Rule III, Sec. 2 (h); Sec. 3
Rule IV, Sec. 4 (b)
Rule VI
People v. Mateo, G.R. No. 147678-87, July 7, 2004, 433
SCRA 640
3.
Court of Tax Appeals
a.
Rep. No. 9503
b.
Rep. Act No. 9282 amending RA 1125.
4.
Sandiganbayan
a.
Rep. Act No. 8249; RA 10660
Llorente Jr. v. Sandiganbayan, G.R. No. 122297-98,
January 19, 2000
Magno v. People, G.R. No. 171542, April 6, 2011
Sanchez v. Demetriou, G.R. No. 111771-77, November
9, 1993
b.
Revised Internal Rules of the Sandiganbayan
Rule III, Sec. 3
Rule VII, Sec. 1; Sec. 4
4

5.

6.

7.

8.

Rule IX, Sec. 1; Sec. 4, Sec. 5; Sec. 6, Sec. 7; Sec. 8

Rule X, Sec.1
Rule XI, Sections 1 and 2
Ombudsman
a.
Rep. Act No. 6770
Office of the Ombudsman v. Rodriguez, 625 SCRA 299
Uy v. Sandiganbayan, G.R. Nos. 105965-70, August 9,
1999; Resolution dated February 20, 2000;
Resolution of March 20, 2001
Castro v. Deloria, G.R. No. 163586, January 27, 2009
People v. Go, G.R. No. 168539, March 25, 2014
Regional Trial Courts
a.
Sec. 20 of BP 129 as amended by Rep. Act No. 7691
b.
Other laws which specifically lodge jurisdiction in
the RTC: (a) Libel; (b) Decree on Intellectual
Property; (c) Dangerous Drugs cses except where
the offenders are under 16 and there are Family
Courts in the province; (d) Special Agrarian Courts
under Sec. 56 of RA 6657, as amended
Tan v. Bausch & Lomb, Inc., G.R. No. 148420,
December 15, 2005, 478 SCRA 115
Samson v. Daway, G.R. No. 160054-55, July 21, 2004,
434 SCRA 612
c.
Sec. 21 of BP 129 as amended
d.
Sec. 20 of BP 129, as amended (appellate jurisdiction
over all cases decided by the MTCs in their
respective territorial jurisdiction
e.
In areas where there are no family courts, the cases
falling under the jurisdiction of family courts shall
be adjudicatied by the RTC
f.
Sec. 23 of BP 129, as amended
f.
Sec. 24 of BP 129, as amended
Family Courts
a.
Rep. Act No. 8369 (Family Courts Act of 1997)
b.
RA 9344 as amended by RA 10630, Sec. 6
People v. Judge Yadao, G.R. No. 162144-54, November
13, 2012
c.
Rep. Act No. 7610, as amended by Rep. Act No.
7658
d.
Rep. Act No. 9262
Metropolitan Trial Courts/Municipal Trial Courts
a.
Sec. 32 of BP 129, as amended
b.
Sec. 35 of BP 129, as amended
Figueroa v. People, G.R. No. 147406, July 14, 2008

III.

Comelec v. Judge Aguirre, G.R. No. 171208, September 7,

2007, 532 SCRA 545
9.
Rules on Summary Procedure
a.
Sec. 36 of BP 129, as amended
b.
Revised Rule on Summary Procedure
10. Rules on Barangay Conciliation
a.
Adm. Circular No. 14-93
b.
Secs. 399-422, Chapter VII, Title I, Book III, and Sec.
515, Title I, Book IV, R.A. 7160
2000 Rules on Criminal Procedure
A.
Prosecution of Offenses
Uy v. Sandiganbayan, G.R. No. 105965-70, Resolution dated
March 20, 2001 (354 SCRA 651)
1.
Criminal actions, how instituted
People v Bautista, G.R. No. 168641, April 27, 2007, 522
SCRA 742
SEC v. Interport Resources Corp., G.R. No. 135808, October
6, 2008, 567 SCRA 354
2.
Who may file them, crimes that cannot be prosecuted de
officio
In Salazar v. People, G.R. No. 149472, October 15, 2002
3.
Criminal actions, when enjoined
4.
Control of prosecution
Pinote v. Ayco, A.M. No. RTJ-05-1944, December 13, 2005,
477 SCRA 409
Bangayan Jr. v. Bangayan, G.R. No. 172777, October 19,
2011, 659 SCRA 2011
Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012
Jimenez v. Judge Sorongon, G.R. No. 178607, December 5,
2012
In Merciales v. Court of Appeals, G.R. No. 124171, March 18,
2002
People v. Sandiganbayan (Perez), G.R. No. 188165 & 189063,
December 11, 2013
5.
Sufficiency of Complaint or Information
Lazarte v. Sandiganbayan, G.R. No. 180122, March 13, 2009,
581 SCRA 431
Guinhawa v. People, G.R. No. 162822, August 25, 2005
People v. Bayabos, G.R. No. 171222, February 18, 2015
6.
Designation of Offense
Information must allege the qualifying and aggravating
circumstances
People vs. Avendao, G.R. No. 137407, January 28, 2003
Relationship in rape must be correctly alleged in the
information

7.

8.

9.

10.

11.

12.

13.

People vs. Amadore, G.R. Nos. 140669-75 & 140691, April

20, 2001
Disguise as an aggravating circumstance
People v. Feliciano, Jr., G.R. No. 196735, May 5, 2014
Cause of the Accusation
Precision in language
People v. Flores, Jr., G.R. No. 128823-24, December 27, 2002
People v. Tampos, G.R. No. 142740, August 6, 2003
People v. Cantomayor, G.R. No. 145522, December 5, 2002
Duplicity of the Offense; Exception
People v. Avendano, G.R. No. 137407, January 28, 2003
Ivler v. Judge San Pedro, G.R. No. 172716, November 17,
2010, 635 SCRA 191
Amendment or Substitution of complaint or information
Galvez v. Court of Appeals, G.R. No. 114046, October 24,
1994
Teehankee v. Madayag, G.R. No. 103102, March 6, 1992
Matalam v. The Second Division of the Sandiganbayan, G.R.
No. 165751, April 12, 2005, 455 SCRA 736
Soberano v. People, G.R. No. 154629, October 5, 2005, 472
SCRA 125
Braza v. Sandiganbayan, G.R. No. 195032, February 20, 2013
Venue of criminal actions
Union Bank of the Philippines v. People, G.R. No. 192565,
February 28, 2012, 667 SCRA 113
a.
Change of venue in criminal cases
Art. VIII, Sec. 5 (4), 1987 Constitution
People v. Grey, G.R. No. 180109, July 26, 2010
Venue in VAWC cases
Intervention of offended party
Alonte v. Savellano Jr., G.R. No. 131652, March 9, 1998, 287
SCRA
Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October 5, 1976,
73 SCRA 306
Chua v. Court of Appeals, G.R. No. 150793, November 19,
2004, 443 SCRA 259
Liong v. Lee, G.R. No. 181658, August 7, 2013
Role of the Public Prosecutor in the prosecution of
offenses
Guidelines on the Role of Prosecutors adopted by the
Eighth UN Congress on the Prevention of Crime and
Treatment of Offenders in Havana, Cuba (1990)
RA 10071 (Prosecution Service Act of 2010)
Role of the Office of the Solicitor General in the
prosecution of offenses
7

B.

Ong v. Genio, G.R. No. 182336, December 23, 2009

People v. Montesa, Jr., G.R. No. 114302, September 29, 1995
People v. Piccio, G.R. No. 193681, August 6, 2014
Can the OSG maintain a contrary position and
recommend the acquittal of the accused?
People v. Dogaojo, G.R. Nos. 137834-40, December 3, 2001
Comelec v. Court of Appeals, G.R. No. 108120, January 26,
1994
Rule on notice of appeal or petitions before the CA or SC
Cajipe v. People, G.R. No. 203605, April 23, 2014
14. Office of the Ombudsman
Article XI, 1987 Constitution
RA 6770
15. Office of the Special Prosecutor
RA 6770, Sec. 11
Gonzales III v. Office of the President, G.R. No. 196231,
September 4, 2011
16. Public Attorneys Office
EO 292 as amended by RA 9406
17. Counsel de oficio
Rule 116, Sections 7 and 8
Rule 122, Sec. 13
Prosecution of Civil Action
1.
Rule on implied institution of civil action with criminal
action
Rimando v. Aldaba, G.R. No. 20353, October 13, 2014
Abellana v. People, G.R. No. 174654, August 17, 2011, 655
SCRA 683
Garces v. Hernandez Jr., G.R. No. 180761, August 9, 2010,
627 SCRA 366
Crisologo v. People, G.R. No. 199481, December 3, 2012
People v. Yanson, G.R. No. 179195, October 3, 2011, 658
SCRA 385
2.
When civil action may proceed independently
Maniago v. Court of Appeals, G.R. No. 104392, February 20,
1996, 253 SCRA 674
Casapunan v. Laroya, G.R. No. 145391, Augus5 26, 2002,
388 SCRA 28
Lim v. Kou Co Ping, G.R. No. 175256, August 23, 2012
3.
When separate civil action is suspended
4.
Effect of the death of accused or convict on civil action
De Guzman vs. People, G.R. No. 154579, October 8, 2003
People v. Bayotas, G.R. No. 102007, September 2, 1994, 236
SCRA 239

C.

Calang v. People, G.R. No. 190696, August 3, 2010, 626

SCRA 679
People v. Paras, G.R. No. 192912, October 22, 2014
Respicio v. People, G.R. Nos. 178701 and 178754, June 6,
2011, 650 SCRA 573; March 11, 2015 Resolution
Philippine Rabbit Bus v. People, April 14, 2004, 427 SCRA
456
5.
Prejudicial Question
Te v. Court of Appeals, G.R. No. 126746, November 29, 2000
Ty-de Zuzuarregui v. Villarosa, G.R. No. 183788, April 5,
2010, 617 SCRA 377
Gidwani v. People, G.R. No. 195064, January 15, 2014
6.
Rule on Filing Fees in civil action deemed instituted with
the criminal action
Viray v. People, G.R. No. 205180, November 11, 2013
Preliminary Investigation
1.
Nature of right
Yu vs. Sandiganbayan, G.R. No. 128466, May 31, 2001
2.
Purposes of preliminary investigation
Aguilar v. Department of Justice, G.R. No. 197522,
September 11, 2013
Punzalan v. Plata, G.R. No. 160316, September 2, 2013
Lanier v. People, G.R. No. 189176, March 19, 2014
Ladlad v. Velasco, G.R. Nos. 172070-72, June 1, 2007, 523
SCRA 318
3.
Who may conduct determination of existence of
probable cause
Baviera v. Paglinawan, February 8, 2007
SEC v. Interport Resources Corp., G.R. No. 135808, October
6, 2008
Arroyo v. DOJ, G.R. No. 199082, September 18, 2012
Honasan II v. The Panel of Investigators of the Department of
Justice, G.R. No. 159747, April 13, 2004, 427 SCRA 46
Read again: Alawiya v. Court of Appeals, G.R. No. 164170,
April 16, 2009
Perez v. Sandiganbayan (2nd Division), G.R. No. 166062,
September 26, 2006, 503 SCRA 252
Sia v. People, G.R. No. 159659, October 12, 2006, 504 SCRA
507
4.
Resolution of investigation prosecutor
5.
Review
People v. Garfin, G.R. No. 153176, March 29, 2004, 426
SCRA 393
Tolentino v. Pacqueo, Jr., G.R. No. 150606, June 7, 2007, 525
SCRA 377
9

6.

7.

Manual for Prosecutors, Sec. 56

DOJ No. 70 dated July 3, 2000
Sec. 7, Adm. Order No. 7 dated April 10, 1990, Re: Rules
of Procedure of the Office of the Ombudsman, as
amended by Adm. Order No. 15 dated February 16, 2001
Ledesma v. CA, G.R. No. 113216, September 5, 1997, 278
SCRA 656
Metropolitan Bank and Trust Company v. Reynaldo, G.R. No.
164538, August 9, 2010, 627 SCRA 88
PNB v. Soriano, G.R. No. 164051, October 3, 2012
Torres v. Perez, G.R. No. 188225, November 28, 2012
Po v. Department of Justice, G.R. No. 195198, February 11,
2013
Villanueva v. Caparas, G.R. No. 190969, January 30, 2013
Read again: Alawiya v. Court of Appeals, G.R. No. 164170,
April 16, 2009
Securities and Exchange Commission v. Santos, G.R. No.
1995542, March 19, 2014
Judicial interence in the conduct of a preliminary
investigation?
Lanier v. People, G.R. No. 189176, March 19, 2014
Aguilar v. Department of Justice, G.R. No. 197522,
September 11, 2013
Punzalan v. Plata, G.R. No. 160316, September 2, 2013
People v. Court of Appeals, G.R. No. 126005, January 21,
1999
Tan v. Ballena, G.R. No. 168111, July 4, 2008, 557 SCRA 229
Heirs of the late Nestor Tria v. Atty. Obias, G.R. No. 175887,
November 24, 2010, 636 SCRA 91
Tan, Jr. v. Matsuura, G.R. No. 179003, January 9, 2013
People v. Yecyec, G.R. No. 183551, November 12, 2014
When warrant of arrest may issue
Sales vs. Sandiganbayan, G.R. Nos. 143802, November 16,
2001
Ramiscal v. Sandiganbayan, G.R. No. 169727-28, August 18,
2006
People v. Judge Yadao, G.R. No. 162144-54, November 13,
2012
Cajipe v. People, G.R. No. 203605, April 23, 2014
Santos v. Orda, Jr., 620 SCRA 374
Mendoza v. People, G.R. No. 197293, April 21, 2014
Cases not requiring a preliminary investigation
Revised Rule on Summary Procedure
Verzano Jr. v. Paro, G.R. No. 171643, August 8, 2010
Borlongan v. Pena, G.R. No. 143591, May 5, 2010
10

8.

D.

E.

Remedies of accused if there was no preliminary

investigation
Go v. Court of Appeals, 206 SCRA 138
San Agustin v. People, G.R. No. 158211, August 31, 2004
9.
Inquest
Art. 125 of the Revised Penal Code
DOJ Circular No. 61 (New Rules on Inquest)
Read again: Ladlad v. Velasco
Arrest
See DOJ Circular No. 50, October 29, 1990
Pangandaman v. Casar, G.R. No. L-71782, April 14, 1988, 159
SCRA 599
Pestilos v. Generoso, G.R. No. 182601, November 10, 2014
Sec. 11 of PD 1521 or the Ship Mortgage Decree of 1978
1.
Arrest, how made
2.
Arrest without warrant, when lawful
People v. Racho, G.R. No. 186529, August 3, 2010, 626
SCRA 633
People v. Delos Reyes, G.R. No. 174774, August 31, 2011,
656 SCRA 417
Miclat Jr. v. People, G.R. No. 176077, August 31, 2011, 656
SCRA 539
Antiquera v. People, G.R. No. 180661, December 11, 2013
3.
Method of arrest
a.
by officer with warrant
b.
by officer without warrant
Luz v. People, G.R. No. 197788, February 29, 2012,
667 SCRA 421
c.
by private person
People v. Nuestro, G.R. No. 111288, January 18, 1995
People v. Mendez, G.R. No. 147671, November 21,
2002
Posadas v. Ombudsman, G.R. No. 131492, September
29, 2000
4.
Requisites of a valid warrant of arrest
5.
Determination of Probable Cause for issuance of warrant
of arrest
Leviste v. Alameda, G.R. No. 182677, August 3, 2010, 626
SCRA 575
6.
Distinguish probable cause of fiscal from that of a judge
Bernardo v. Tan, G.R. No. 185491, July 11, 2012
Comerciante v. People, G.R. No. 205926, July 22, 2015
People v. Sydeco, G.R. No. 202692, November 12, 2014
Bail
Sec. 13, Art. III, 1987 Constitution
11

Sec. 14 (2), Art. III, 1987 Constitution

People v. Hu Ruey Chun, G.R. No. 158064, June 30, 2005, 462
SCRA 498
1.
Nature
Jimenez v. Court of Appeals, G.R. No. 178607, December 5,
2012
Read again: Miranda v. Tuliao, G.R. No. 158763, March 31,
2006, 486 SCRA 377
People v. Judge Maceda, G.R. No. 89591-96, August 13, 1990,
188 SCRA 532; Resolution dated January 24, 2000 (323
SCRA 45)
Ocampo v. Abando, G.R. No. 176830, February 11, 2014
A.M. No. 12-11-2-SC (Guidelines for Decongesting
Holding Jails by Enforcing the Rights of Accused Persons
to Bail and to Speedy Trial) dated March 18, 2014
People v. Jalosjos, G.R. No. 132875-76, February 3, 2000, 324
SCRA 689
Redondo v. Judge Dimaano, A.M. No. 1150-MJ, June 30,
1976, 71 SCRA 543. See concurring opinion of Justice
Barredo
Ocampo v. Abando, G.R. No. 176830, February 11, 2014
Enrile v. Sandiganbayan, G.R. No. 213847, August 18, 2015
2.
When a matter of right; exceptions
3.
When a matter of discretion
Pareja v. Gomez, G.R. No. L-18733, July 31, 1962, 5 SCRA
830
People v. Cabral, G.R. No. 131909, February 18, 1999, 303
SCRA 361
Santos v. How, A.M. No. RTJ-05-1946, January 26, 2007,
513 SCRA 25
Leviste v. Court of Appeals, G.R. No. 189122, March 17,
2010, 615 SCRA 619. See dissenting opinion of Justice
Peralta
The SC made a similar ruling in Qui v. People, G.R. No.
196161, September 26, 2012
Ruiz v. Beldia, A.M. No. RTJ-02-1731, February 16, 2005,
451 SCRA 402
Yap v. Court of Appeals, G.R. No. 141529, June 6, 2001
Jorda v. Judge Bitas, A.M. No. RTJ-14-2376, March 5, 2014
4.
Hearing of application for bail in capital offenses
5.
Guidelines in fixing amount of bail
2000 Bailbond Guide amended by DOJ Circular No. 74
dated November 6, 2001
Cenzon v. Judge Abad Santos, G.R. No. 164337, June 27,
2006, 493 SCRA 378
12

F.

Hu Ruey Chun, 462 SCRA 498

6.
Bail when not required
RA 10389
7.
Increase or Reduction of Bail
San Miguel v. Judge Maceda, A.M. No. RTJ-03-1749, April 4,
2007
8.
Forfeiture and Cancellation of bail
9.
Application not a bar to objections in illegal arrest, lack
of or irregular preliminary investigation
10. Hold Departure Order & Bureau of Immigration
Watchlist
DOJ Circular No. 41, Consolidated Rules governing the
issuances and implementing HDOs, Watchlist Orders and
Allow Departure Orders
SC Circular No. 39-97 dated June 19, 1997
Arroyo v. de Lima, G.R. No. 199034, November 15, 2011
Resolution
11. Bail in environmental cases
12. Preventive Suspension
RA 3019, as amended, Sec. 13
Sec. 24, RA 6770
Villasenor v. Sandiganbayan, G.R. No. 180700, March 4,
2008, 547 SCRA 658
Rights of the Accused
1.
Rights of accused at the trial
a.
Right to due process
Lai v. People, G.R. No. 175999, July 1, 2015
b.
Presumption of innocence
Re: Conviction of Judge Adoracion G. Angeles, A.M.
No. 06-9-545-RTC, January 31, 2008, 543 SCRA 196
Read again: Leviste v. Court of Appeals, G.R. No.
189122, March 17, 2010, 615 SCRA 619
c.
Right against self-incrimination
Rosete v. Lim, G.R. No. 136051, June 8, 2006, 490
SCRA 125
People v. Ayson, G.R. No 85215, July 7, 1989, 175
SCRA 217
Dela Cruz v. People, G.R. No. 200748, July 23, 2014
d.
Right to speedy trial
Cabarles v. Maceda, G.R. No. 161330, February 20,
2007, 516 SCRA 303
Esmea v. Pogoy, G.R. No. L-54110, February 20,
1981, 102 SCRA 861
People v. Sandiganbayan (Perez), G.R. No. 188165 &
189063, December 11, 2013
13

G.

Angchonco, Jr. v. Ombudsman, 268 SCRA 301

Coscolluela v. Sandiganbayan, G.R. No. 191411, July
15, 2013
e.
Right to confront and cross-examine the witnesses
against him at the trial
People v. Go, G.R. No. 130714, December 27, 2002
(i)
Rule on Examination of a Child Witness (A.M.
No. 004-07-SC)
(ii) None presentation of confidential informant
in drug cases is not fatal to the prosecutions
case
People v. Andaya, G.R. No. 183700, October 13, 2014
f.
Right to have compulsory process issued to secure
the attendance of witnesses and production of other
evidence in his behalf (Rule 115, Sec. 1 (g)
People v. Montejo, G.R. No. L-24154, October 31, 1967
Vda. de Manguerra v. Risos, G.R. No. 152643, August
28, 2008, 563 SCRA 499
Jaylo v. Sandiganbayan, G.R. Nos. 111502-04,
November 22, 2001, 370 SCRA 170
g.
Right to self-representation
Section 34, Rule 138 of the Rules of Court
Estoesta v. Court of Appeals, 191 SCRA 303
h.
Right to counsel
Rule 112, Sec. 6
Rule 113, Sec. 14
Rule 115, Sec. 1 (c)
Rule 116, Sec. 6
Rule 116, Sec. 7
Rule 116, Sec. 8
Rule 124, Sec. 2
People v. Serzon Jr., G.R. No. 118435, June 20, 1997
i.
Right to an impartial judge
People v. Opida, G.R. No. L-46272, June 13, 1986
j.
Right to remain silent
Alvero v. People, G.R. No. 145209, June 8, 2006
2.
Rights of persons under Custodial Investigation
Rep. Act No. 7438 Rights of Persons arrested, detained
or under custodial investigation as well as duties of the
arresting, detaining and investigating officers
Arraignment and Plea
1.
Arraignment and Plea, how made
A.M. No. 09-6-8-SC or the Rules of Procedure for
Environmental Cases, Part IV (Criminal Procedure)

14

H.

Read again: Braza v. Sandiganbayan, G.R. No. 195032,

February 20, 2013
Cabo v. Sandiganbayan, 524 Phil. 575 (2006)
2.
When should plea of NOT GUILTY be entered
People v. Strong, G.R. No. L-38626, March 14, 1975, 63
SCRA 133
People v. Balisacan, G.R. No. L-26376, August 31, 1966, 17
SCRA 1119
3.
When may accused enter a plea of guilty to a lesser
offense
Daan v. Sandiganbayan, G.R. Nos. 163972-77, March 28
2008, 550 SCRA 233
People v. Villarama Jr., G.R. No. 99287, June 23, 1992, 210
SCRA 246
Gonzales III v. Office of the President, G.R. No. 196231,
September 4, 2012, 679 SCRA 614
People v. Garcia, Crim. Case Nos. 28107, May 9, 2011
Resolution
4.
Accused plead guilty to capital offense, what the court
should do
People v. Ernas, G.R. No. 137256 to 58, August 6, 2003
People v. Oden, G.R. Nos. 155511-22, April 14, 2004, 427
SCRA 634
Read again: People v. Halil Gambao
5.
Searching Inquiry
People v. Mendoza, G.R. No. 80845, March 14, 1994, 231
SCRA 264
6.
Improvident plea
7.
Grounds for suspension of arraignment
Reyes v. Rossi, G.R. No. 159823, February 18, 2013
San Miguel Properties, Inc. v. Perez, G.R. No. 166836,
September 4, 2013
Omictin v. CA, 512 SCRA 70
Fabia v. CA, 388 SCRA 576
Motion to Quash
1.
Grounds
Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012
Galzote v. Briones, G.R. No. 164682, September 14, 2011,
657 SCRA 535
Co v. People of the Philippines, G.R. No. 160265, July 13,
2009, 592 SCRA 381
People v. Andrade, G.R. No. 187000, November 24, 2014
2.
Distinguish from demurrer to evidence
3.
Effects of sustaining the motion to quash

15

4.
5.

Javier v. Sandiganbayan, G.R. Nos. 147026-27, September

11, 2009, 599 SCRA 324
Enrile v. Judge Manalastas, G.R. No. 166414, October 22,
2014
Exception to the rule that sustaining the motion is not a
bar to another prosecution
Double Jeopardy
a.
Res judicata dressed in prison grey or the criminal law
concept of double jeopardy
Caes v. IAC, 179 SCRA 54
b.
Doctrine of waiver of double jeopardy
People v. Salico, 84 Phil. 722 (October 13, 1949)
c.
Doctrine of estoppel in relation to the plea of double
jeopardy
People v. Acierto, 92 Phil. 534 (January 30, 1953)
Co v. Lim, G.R. No. 164669-70, October 30, 2009, 604
SCRA 702
People v. Velasco, G.R. No. 127444, September 13,
2000, 340 SCRA 207. Read separate opinion of
Justice Panganiban
Ysidoro v. Leonardo-de Castro, G.R. No. 171513 and
G.R. No. 190963, February 6, 2012, 665 SCRA 1
Goodland Company Inc. v. Co, G.R. No. 196685,
December 14, 2011, 662 SCRA 692
People v. Laggui, G.R. Nos. 76262-63, March 16, 1989,
171 SCRA 305
People v. Laguio Jr., G.R. No. 128587, March 16, 2007,
518 SCRA 393
People v. Court of Appeals, G.R. No. 187409,
November 16, 2011
Tangan v. People, 155 SCRA 435
People v. Villa, June 30, 1948
People v. Jose, G.R. No. L-28232, February 6, 1971, 37
SCRA 450
Castro v. People, G.R. No. 180832, July 23, 2008, 559
SCRA 676
Heirs of Jane Honrales v. Honrales, G.R. No. 182651,
August 25, 2010, 629 SCRA 423
People v. de Grano, G.R. No. 167710, June 5, 2009, 588
SCRA 550
Saldana v. Court of Appeals, G.R. No. 88889, October
11, 1990, 190 SCRA 397
People v. Uy, G.R. No. 158157, September 30, 2005,
471 SCRA 668

16

I.

J.

People v. Balisacan, G.R. No. L-26376, August 31,

1966, 17 SCRA 1119
People v. Quizada, G.R. Nos. L-61079-81, April 15,
1988, 160 SCRA 516
Ivler v. Judge San Pedro, G.R. No. 172716, November
17, 2010, 635 SCRA 191
People and AAA v. CA, G.R. No. 183652, February 25,
2015
6.
Provisional Dismissal
People v. Lacson, G.R. No. 149453, April 1, 2003
Torres Jr. v. Aguinaldo, G.R. No. 164268, June 28, 2005
Baares II v. Balising, G.R. No. 132624, March 13, 2000
7.
Bill of Particulars
Enrile v. People, G.R. No. 213455, August 11, 2015
Pre-trial
Sec. 23, RA 9165
1.
Matters to be considered during pre-trial Sec. 1
2.
What the court should do when prosecution and
offended party agree to the plea offered by the
accused
3.
Pre-trial agreement Sec. 2
Bayas v. Sandiganbayan, G.R. Nos. 143689-91, November
12, 2002, 391 SCRA 415
4.
Non-appearance during pre-trial Sec. 3
5.
Pre-trial order Sec. 4
6.
Referral of some cases for Court Annexed Mediation and
Judicial Dispute Resolution
Adm. Circ. No. 7-A-92, June 21, 1993
Trial
1.
Instances when presence of accused is required by law
2.
Requisite before trial can be suspended on account of
absence of witness
3.
Trial in Absentia
People v. Tabag, 268 SCRA 115
Estrada v. People, G.R. No. 162371, August 25, 2005
4.
Remedy when accused is not brought to trial within the
prescribed period Sec. 9
5.
Requisites for discharge of accused to become a state
witness Sec. 17
Quarto v. Ombudsman Marcelo, G.R. No. 169042, October 5,
2011, 658 SCRA 580
Sec. 17, RA 6770
Ampatuan Jr. v. Sec. de Lima, G.R. No. 197291, April 3, 2013
Section 10, Rep. Act No. 6981
6.
Effects of Discharge of accused as state witness Sec. 18
17

7.

K.

Demurrer to Evidence Sec. 23

Bangayan Jr. v. Bangayan, 172777, October 19, 2011, 659
SCRA 590
People v. Sandiganbayan (Fourth Division), G.R. No. 15330405, February 7, 2012, 665 SCRA 89
People v. Atienza, G.R. No. 171671, June 18, 2012
Bautista v. Cuneta-Pangilinan, G.R. No. 189754, October 24,
2012
People v. Judge Lagos, G.R. No. 184658, March 6, 2013
8.
Reverse trial - Sec. 11
Alejandro v. Pepito, G.R. No. L-52090, February 1, 1980, 96
SCRA 322
People v. Marcial, G.R. Nos. 152864-65, September 27, 2006,
503 SCRA 536
Judgment
Escalante v. People, G.R. No. 192727, January 9, 2013
1.
Requisites of a judgment Sec. 1
2.
Contents of Judgment Sec. 2
Abellana v. People, G.R. No. 174654, August 17, 2011, 655
SCRA 683
3.
Promulgation of judgment; instances of promulgation of
judgment in absentia Sec. 6
People v. de los Reyes, G.R. Nos. 130714 & 139634, October
16, 2012 Resolution
a.
Concept of repromulgation
Adm. Circular No. 16-93, issued on September
9, 1993
Almuete v. People, G.R. No. 179611, March 12, 2013
People v. Barro, 392 Phil. 857
Estrada v. People, 505 Phil. 339
Rigor v. The Superintendent, New Bilibid Prison, 458
Phil. 561
4.
Reopening of case Rule 119, Sec. 24
People v. Tee, G.R. Nos. 140546-47, January 20, 2003
Cabarles v. Maceda, G.R. No. 161330, February 20, 2007, 516
SCRA 303
5.
Amendment of the Information
Gonzales v. CA, G.R. No. 108811, May 31, 1994, 232 SCRA
667
6.
When does judgment become final (4 instances) Sec. 7
7.
Probation- Sec. 9
PD 968 (Probation Law), as amended by PD 1990
Lagrosa v. People, G.R. No. 152044, July 3, 2003, 405 SCRA
357

18

L.

M.

Colinares v. People, G.R. No. 182748, December 13, 2011,

662 SCRA 266
8.
Necessarily included Sec. 5
People v. Villacorta, G.R. No. 186412, September 7, 2011,
657 SCRA 270
People v. Laog, G.R. No. 178321, October 5, 2011, 658 SCRA
654
Santos v. People, G.R. No. 77429, January 29, 1990, 181
SCRA 487
Villareal v. People, G.R. No. 151258, February 1, 2012, 664
SCRA 519
People v. Manansala, G.R. No. 175939, April 3, 2013
9.
Automatic suspension of judgment under RA 9344, as
amended
Read again: People v. Halil Gambao
People v. Bon, G.R. No. 166401, October 30, 2006, 506
SCRA 168
People v. Sarcia, G.R. No. 169641, September 10, 2009, 599
SCRA 20
People v. Jacinto, G.R. No. 182239, March 16, 2001
New Trial or Reconsideration
1.
Grounds for New Trial
Tadeja v. People, G.R. No. 145336, February 20, 2013
2.
Grounds for Reconsideration
Flores v. People, G.R. No. 181354, February 27, 2013
3.
Requisites before a new trial may be granted on ground
of newly discovered evidence
Custodio v. Sandiganbayan, G.R. No. 96027-28, March 8,
2005, 453 SCRA 24
4.
Effects of granting a new trial or reconsideration
5.
Application of Neypes Doctrine in Criminal Cases
Olayres v. People, G.R. No. 192799, October 24, 2012
Appeal
1.
Effect of an Appeal
Mercado v. People, G.R. No. 149375, November 26, 2002,
392 SCRA 687
2.
Where to appeal
Torres v. People, G.R. No. 175074, August 31, 2011, 656
SCRA 486
Icdang v. Sandiganbayan, G.R. No. 185960, January 25,
2012, 664 SCRA 252
(i)
Sec. 2 (a), Rule 122: The appeal may be taken to the
Regional Trial Court, in cases decided by the
Metropolitan Trial Court, Municipal Trial Court in

19

3.

4.

Cities, Municipal Trial Court, or Municipal Circuit

Trial Court
(ii) Sec. 2 (b), Rule 122: The appeal may be taken to the
Court of Appeals or the Supreme Court in the
proper cases provided by law, in cases decided by
the Regional Trial Court
(iii) Sec. 2 (c), Rule 122: The appeal may be taken to the
Supreme Court, in cases decided by the Court of
Appeals.
How appeal taken
(i)
Sec. 3 (a), Rule 122: The appeal to the Regional Trial
Court, or to the Court of Appeals in cases decided
by the Regional Trial court in the exercise of its
original jurisdiction, shall be by notice of appeal
filed with the court which rendered the judgment or
final order appealed from and by serving a copy
thereof upon the adverse party.
(ii) Sec. 3 (b), Rule 122: The appeal to the Court of
Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction
shall be by petition for review under Rule 42.
(iii) Sec. 3 (c), Rule 122: The appeal in cases where the
penalty imposed by the Regional Trial Court is
reclusion perpetua, life imprisonment or where a
lesser penalty is imposed for offenses committed on
the same occasion or which arose out of the same
occurrence that gave rise to the more serious offense
for which the penalty of death, reclusion perpetua,
or life imprisonment is imposed, shall be by notice
of appeal to the Court of Appeals in accordance
with paragraph (a) of this Rule.
(iv) Sec. 3 (d), Rule 122: No notice of appeal is necessary
in cases where the Regional Trial Court imposed the
death penalty. The Court of Appeals shall
automatically review the judgment as provided in
Sec. 10 of this Rule.
Appeal from the CA to the SC
(i)
Sec. 13 (a), Rule 124: Whenever the Court of
Appeals finds that the penalty of death should be
imposed, the court shall render judgment but
refrain from making an entry of judgment and
forthwith certify the case and elevate its entire
record to the Supreme Court for review.
(ii) Sec. 13 (b), Rule 124: Where the judgment also
imposes a lesser penalty for offenses committed on
20

N.

the same occasion or which arose out of the same

occurrence that gave rise to the more severe offense
for which the penalty of death is imposed, and the
accused appeals, the appeal shall be included in the
case certified for review to the Supreme Court.
(iii) Sec. 13 (c), Rule 124: In cases where the Court of
Appeals
imposes
reclusion
perpetua,
life
imprisonment or a lesser penalty, it shall render and
enter judgment imposing such penalty. The
judgment may be appealed to the Supreme Court
by notice of appeal filed with the Court of Appeals.
Bongalon v. People, G.R. No. 169533, March 20, 2013
5.
Effect of appeal by any of several accused
People v. Mantalaba, G.R. No. 186227, July 20, 2011, 654
SCRA 188
6.
Grounds for dismissal of appeal
7.
Who may appeal
Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703,
April 14, 2004, 427 SCRA 456
Menchavez v. Bermudez, G.R. No. 185368, October 11, 2012
7.
Withdrawal of appeal
People v. Paradeza, G.R. No. 144590, February 7, 2003, 397
SCRA 151
People v. Rocha, G.R. No. 173797, August 31, 2007, 531
SCRA 761
8.
Appeals in special cases
a.
Appellate jurisdiction of the Sandiganbayan
Read again: Torres v. People
b.
Sec. 268 of BP 881, as amended (Omnibus Election
Code of the Philippines)
Comelec v. Aguirre, G.R. No. 171208, September 7,
2007, 532 SCRA 545
c.
Jurisdiction of the CTA
Search and Seizure
1.
Nature of search warrant
Washington Distillers Inc. v. CA, G.R. No. 118151, August
22, 1996
Savage v. Taypin, G.R. No. 134217, May 11, 2000
2.
Distinguish from warrant of arrest
3.
Application for search warrant, where filed
4.
Probable Cause
Worldwide Web Corp. v. People, G.R. No. 161106, January
13, 2014
5.
Personal examination by judge of the applicant and
witnesses
21

6.

O.

Particularity of place to be searched and things to be

seized
Del Castillo v. People, G.R. No. 185128, January 30, 2012,
664 SCRA 430
7.
Personal property to be seized
Tenorio v. Court of Appeals, G.R. No. 110604, October 10,
2003
8.
Exceptions to search warrant requirement
a.
Search incidental to lawful arrest
Antiquera v. People, G.R. No. 180661, December 11,
2013
b.
Consented Search
Read again: Luz v. People
c.
Search of moving vehicle
Caballes v. Court of Appeals, G.R. No. 136292, January
15, 2002
d.
Check points; body checks in airport
Sales v. People, G.R. No. 191023, February 6, 2013
People v. Hadji Socor Cadidia, G.R. No. 191263,
October 16, 2013
e.
Plain view situation
People v. Aspiras, G.R. Nos. 138382-84, February 12,
2002, 376 SCRA 546
People v. Macalaba, G.R. Nos. 146284-86, January 20,
2003, 395 SCRA 461
Miclat Jr. v. People, G.R. No. 176077, August 31, 2011,
656 SCRA 539
Fajardo v. People, G.R. No. 190889, January 10, 2011
f.
Stop and Frisk situation
Sales v. People, G.R. No. 191023, February 6, 2013
People v. Johnson, 401 Phil. 734
People v. Canton, 442 Phil. 743
g.
Enforcement of Custom Laws
Salvador v. People, G.R. No. 146706, July 15, 2005
h.
Search by private individuals
People v. Marti, G.R. No. 81561, January 18, 1991
Sesbreo v. Court of Appeals, G.R. No. 160689, March
26, 2014
9.
Remedies from unlawful search and seizure
People v. Nuevas, G.R. No. 170233, February 22, 2007, 516
SCRA 463
Tenorio v. Court of Appeals, G.R. No. 110604, October 10,
2003
Provisional Remedies
Rules on Procedure for Environmental Cases
22

1.

P.

R.

Nature
Replevin under Rule 60
Chua v. Court of Appeals, G.R. No. 79021, May 17, 1993
Superlines Transportation Co. Inc. v. Philippine National
Construction Co. Inc., G.R. No. 169596, March 28, 2007
2.
Kinds of provisional remedies
RA 9262
Tua v. Judge Mangrobang, G.R. No. 170701, January 22,
2014
Petition for Relief from Judgment
Basco v. Court of Appeals, G.R. No. 125290, February 29, 2000
Hilario v. People, 551 SCRA 191 (April 14, 2008)
Del Rosario v. Cedillo, 441 SCRA 70
1.
Annulment of Judgment
Llamas v. Court of Appeals, September 29, 2009
People v. Bitanga, 525 SCRA 623
Rule on DNA Evidence
Sec. 6 of the Rule on DNA Evidence
oooOOOooo

23