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Criminal Procedure Notes based on Riano 1.

Adultery
2. Concubinage
NOTE: these crimes shall not be prosecuted except upon a complaint filed by the
Prosecution of Criminal Action: offended spouse
Under the supervision of the PUBLIC PROSECUTOR RULE: PROSECUTOR CANNOT PROSECUTE THE CASE WHERE NO
1. Direct supervision COMPLAINT IS FILED BY THE OFFENDED SPOUSE
2. Control Cannot be instituted against one party alone! AGAINST BOTH GUILTY
PARTIES!
When PRIVATE PROSECUTOR intervenes Cases where it cannot be prosecuted
Allowed ONLY where the civil action is INSTITUTED in the criminal action If the offended party has consented to the offense or has pardoned the
Remember that civil actions are deemed instituted offenders (express/implied)
If the offended party
1. Waives 3. Seduction
2. Reserves 3. Abduction
3. Institutes civil action prior to the criminal action 3. Acts of lasciviousness
SAME RULE: cannot be prosecuted except upon a complaint filed by the:
The PRIVATE PROSECUTOR CANNOT INTERVENE! 1. Offended party even if minor, still has the right to initiate
Exception on the involvement of the private prosecutor: 2. Parents
If he is authorized to do so in writing 3. Grandparents or legal guardian
He may prosecute up to the end of the trial 4. State
Provided, the authorization shall be given by either the Chief of the 6. Defamation
Prosecution Office or the Regional State Prosecutor -- should be the imputation of the offenses of adultery, concubinage,
AND, must be approved by the court seduction, abduction, and acts of lasciviousness
HOWEVER, it may be revoked or withdrawn by the public prosecutor any SIMILAR RULE: filed by the offended party
time
Since prosecution is under the control and supervision of the PUBLIC V COMPLAINT OR INFORMATION
PROSECUTOR, it follows that the SC CANNOT compel the former to file and Complaint, defined.
information, or prosecute a person if he believes that there is no probable cause in Sworn written statement
doing the same! Charging a person with an offense
Exception: grave abuse of discretion on the public prosecutor Subscribed by the offended party, any peace officer, or other public officer
Name: People of the Philippines
Hierarchy: Private offended parties only as witnesses
DOJ ------ SEC of Justice ------- PROSECUTORS Thus they may not appeal the dismissal of a criminal case or the acquittal
ONLY the civil aspect
Criminal action in MTC or MCTC prosecuted under the public prosecutor In so doing, the private offended party who appeals must prosecute in his
If public prosecutor is absent or not available, may be prosecuted by: own personal capacity
1. Offended party So how then can a dismissal or acquittal of the criminal case be appealed?
2. Any peace officer CAN ONLY BE APPEALED BY THE OSG
3. Public officer charged with the enforcement of the law violated Reason: private offended party has no legal personality to do so
Chapter12, Title III, Book IV of the Admin. Code
III PROSECUTION OF PRIVATE CRIMES
What are these crimes?
Only the OSG can bring and/or defend actions on behalf of the Answer: The allegation of facts is controlling because the nature and character of
Republic or represent the people or the State in criminal proceedings pending in the the crime charged are determined not by the designation of the specific crime, but by
Supreme Court and the CA the facts alleged in the information. So even if the information is defective, the
Information, defined. allegation of facts must be preferred over the defective information. Allegation in the
Accusation in writing information, not the technical name given by the prosecutor.
Not required to be sworn; because the prosecutor is under the oath Question: What happens if there is a mistake on the name of the accused?
of his office Answer: A mistake in the name of the accused is not equivalent, and does not
Charging a person with an offense necessarily amount to, a mistake in the identity of the accused especially when
Subscribed by the prosecutor sufficient evidence is adduced to show that the accused is pointed to as one of the
And filed with the court perpetrators of the crime. However, the identity must be proven.
Name: People of the Phils
In offenses against property it is enough that the property is described with such
What happens if there is infirmity of the signature in the information? particularity as to properly identify the offense charged.
The information confers jurisdiction on the court, thus if there is infirmity
invalid Statement of the qualifying and aggravating circumstances:
An infirmity in the information, such as lack of authority of the officer signing Needed since without it, the accused cannot be convicted of
it, cannot be cured by silence, acquiescence, or even by express consent qualifying or aggravating circumstance even if proven in court
The complaint or information should include the ff (sufficiency test): Even if an aggravating circumstance had been proven, but was not alleged,
1. Name all of the accused courts will not award exemplary damages!
2. Designation of the offense given by the statute Reason: tantamount to denial of due process since the accused is deprived
3. Acts/omissions complained of - should be described with such particularity to be informed of the charges against him!
as to appraise the accused, with reasonable certainty, of the offense charged How about mitigating? no need. The accused may be convicted with
a. Offense being charged mitigating circumstances, since the nature of it is in favor of the accused
b. Acts or omissions complained of VI. VENUE OF CRIMINAL ACTIONS
c. Qualifying and aggravating circumstances Criminal action shall be instituted and tried in the court of the municipality or territory:
2. Name of the offended party a. Where the offense was committed
3. Approximate date of the commission unless material element/ingredient b. Where any of its essential ingredients occurred
of the crime VII. AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR
4. Place where the offense was committed INFORMATION
Purpose: TO ENABLE THE ACCUSED TO SUITABLE PREPARE FOR HIS Before plea or arraignment leave of court not required
DEFENSE, SINCE HE IS PRESUMED TO HAVE NO INDEPENDENT KNOWLEDGE Without leave of court
OF THE FACTS THAT CONSTITUTE THE OFFENSE! Any formal or substantial amendment may be made
Note: sufficiency of information is not negated by an incomplete or defective After plea or arraignment
designation of the crime. Failure to specify the correct crime committed will not bar Amendment is prohibited
conviction of the accused. Except if beneficial to the accused
Question: When is the right time to question the sufficiency or validity of the Before plea or arraignment leave of court required where:
information or complaint? The amendment downgrades the nature of the offense charged;
Answer: before arraignment or during trial, otherwise, deemed waived. The amendment excludes any accused
Actions: 1) bill of particulars; 2) quashal of the information Formal Amendment, defined.
Question: What should be given preference, the designation of the crime in the New allegations which relate only to the range of the penalty
information or the allegation of the facts? Which does not charge another offense different or distinct from that
charged in the original one
Additional allegations which do not alter the prosecutions theory in such a case, the court shall dismiss the original complaint or information
Does not adversely affect any substantial right once the new one charging the proper offense is filed
An amendment that merely adds specifications to eliminate vagueness in provided, accused will not be placed in double jeopardy
the information may be made before or after arraignment
Not to introduce new and material facts Substitution, distinguished/defined
Merely states with additional precision something which is already contained substantial change
in the original information with leave of court as the original information has to be dismissed
Adds nothing essential for conviction requires another preliminary investigation and the accused has to plead
Facts of a case: prosecutor entered his amendment by crossing out the word anew to the new information filed
Homicide and instead wrote the word Murder new information involves a different offense which does not include or is not
Issue: Is it a formal or substantial amendment? necessarily included in the original charge, hence, accused cannot claim double
Ruling: Only a formal amendment. The only change made was in the caption of the jeopardy!
case; and in the opening paragraph or preamble of the Information, with the crossing Amended information entails:
out of word Homicide and its replacement by the Murder. There was no change in the formal or substantial amendment
recital of facts constituting the offense charged or in the determination of the before plea can be without leave of court, etc
jurisdiction of the court. The averments in the amended Information for murder are only to form no need for preliminary investigation
exactly the same as those already alleged in the original information for homicide, amendment of the same offense charged hence, substantial
as there was not at all any change in the act imputed to the accused. In allowing amendments to the information after the plea has been taken cannot be made over
formal amendments in which the accused has already pleaded, it is necessary that the objection of the accused, for if the original information would be withdrawn, the
the amendments do not prejudice the rights of the accused. accused could invoke double jeopardy!
Test whether the rights of the accused are prejudiced by the amendment of a
complaint or information is: CHAPTER III PROSECUTION OF CIVIL ACTION
1. whether a defense under the complaint or information, as it originally when criminal action is instituted, the civil action is deemed included
stood, would no longer be available after the amendment is made; and every person criminally liable for felony is also civilly liable
2. When any evidence the accused might have would be inapplicable to the rule on implied institution of the civil action does not apply before the
the complaint or information. filing of the criminal action or information --- when there is no criminal case yet
Since the facts alleged in the accusatory portion of the amended information are against the respondents as when the Ombudsman is still in the process of finding
1. identical with those of the original information for homicide, probable cause to prosecute the respondent
2. there could not be any effect on the prosecutions theory of the case; Civil liability arising from the crime the governing law is rules of Criminal
3. neither would there be any possible prejudice to the rights or Procedure not rules of civil procedure!
defense of petitioner. Exception: civil action other than the one arising from the crime is not suspended
by the commencement of the criminal action because they may proceed
SUBSTITUTION OF COMPLAINT OR INFORMATION independently of the criminal proceedings.
if it appears at any time before judgment that a mistake has been made in Reservation of the civil action should be made before the prosecution starts
charging the proper offense presenting its evidence!
if it becomes manifest that the accused cannot be convicted of the offense Note: after the criminal action is commenced, the separate civil action arising
charges or of any other offense necessarily included therein, the court shall commit therefrom cannot be instituted until final judgment has been entered in the
the accused to answer for the proper offense by requiring the filing of the proper criminal action!
information. Preference is given to the resolution of the criminal action
Accused shall not be discharged if there appears good cause to detain him. If the civil action was commenced before the institution of the criminal
After the proper information is filed, it shall dismiss the original case action, the civil action shall be suspended in whatever stage it may be found
before judgment on the merits, once the criminal action is filed. The suspension shall Provided, there is a fining in a final judgment in the criminal action that the
last until final judgment is rendered in the criminal action act or omission from which the civil liability may arise did not exist!
Exception: does not apply to independent civil action since they are distinct Note: when the trial court acquits or dismisses the case on the ground of lack of
and separate from the civil action arising from the offense committed evidence to prove guilt beyond reasonable doubt, the civil action is not automatically
Another exception: prejudicial question extinguished since liability on civil action can be determined based on mere
RULE on counterclaims, etc: preponderance of evidence!
NO COUNTERCLAIM, CROSS-CLAIM, THIRD-PARTY CLAIM IN A Hence, there is a requirement to state whether the prosecution absolutely failed to
CRIMINAL CASE may be filed by the accused in the criminal case but any cause of prove his guilt or merely failed to prove beyond reasonable doubt in either case it
action which could have been the subject may be litigated in a separate civil action. shall determine if the act or omission from which the civil liability might arise did not
Note that a criminal case is not the proper proceedings to determine the private exist
complainants civil liability. Example: may be acquitted but if his negligence is proved by mere preponderance of
A court trying a criminal case is limited to determining the guilt of the accused, and if evidence, he may still be civilly liable
proper, to determine his civil liability those arising only from offense. Elementary rule: payment of civil liability does not extinguish criminal liability
CAUSE OF DEATH of the accused:
If the accused dies after arraignment and during the pendency of the PREJUDICIAL QUESTION, defined
criminal action Previously instituted civil action
the civil liability arising from the crime extinguished (but this does not preclude the issued involved in a civil case
offended party from filing a separate civil action based on other sources of obligation which is similar or intimately related to the issue raised in the criminal case
may be continued) resolution of which
Dies before arraignment case dismissed but the offended party may file determines whether or not the criminal action may proceed
the proper civil action civil action instituted previously or ahead of the criminal action; must
Death prior to final judgment terminates criminal liability and only civil precede the criminal action
liability directly arising from and based solely on the offense committed (again, does civil action requires a decision before a final judgment can be rendered in
not bar for filing a separate civil action on other sources of obligation) the criminal action
Death during pendency of his appeal with SC totally extinguished the proceedings in the second case may be suspended to await the resolution of
criminal and civil action based solely on the crime. Reason: no final judgment of the prejudicial question in the first case
conviction was yet rendered by the time of his death. existence of two actions civil action and criminal action
Novation of contract: extinguishment of criminal liability the issue in the civil case needs to be resolved first before it is determined
Criminal liability is not affected by a compromise or novation of contract whether or not the criminal case should proceed or whether or not there should be, in
It may affect the civil liability but not the criminal aspect since it is a public offense the criminal case, a judgment of acquittal or conviction
which must be prosecuted and punished by the government. the issue raised in the civil action is determinative of the guilt of the accused
in the criminal aspect
EFFECT OF ACQUITTAL OR EXTINCTION OF THE PENAL ACTION ON THE the issue in the civil case is determinative of the issue in the criminal case;
CIVIL ACTION OR CIVIL LIABILITY the resolution of such issue determines whether or not the criminal action may
Degree of evidence: mere preponderance of evidence proceed
Note: extinction of the penal action does not carry with it the extinction of the civil it follows that if the resolution of the issue in the civil action will not determine
action where: the criminal responsibility of the accused in the criminal action based on the same
a. Acquittal is based on reasonable doubt facts, the civil case does not involve a prejudicial question. Neither is there a
b. Court declares that the liability is only civil prejudicial question if the civil and the criminal action can proceed independently of
c. Civil liability does not arise from or is not based upon the crime of which he each other, that is, the criminal action can proceed without waiting for the resolution
was acquitted of the issues in the civil case
However, extinction of the civil action based on delict deemed extinguished Reason: to avoid two conflicting decisions
REQUISITES:
1. civil case involves facts intimately related to those upon which the
criminal prosecution would be based;
2. in the resolution of the issues raised in the civil case, the guilt or
innocence of the accused would necessarily be determined
3. jurisdiction to try said questions must be lodged in another tribunal

Not a prejudicial question if:


1. both cases are criminal
2. both civil
3. both cases are administrative
4. one case is administrative and other civil
5. one case is administrative and other criminal
6. criminal case was instituted prior to the civil case!
Effect of the prejudicial question:
1. suspension for the criminal action may be filed
2. the criminal case may be suspended pending the final determination of the
issues in the civil case this is the exception on the general rule that if the civil action
was commenced before the institution of the criminal action, the civil action shall be
suspended in whatever stage it may be found before judgment on the merits, once
the criminal action is commenced the suspension shall last until final judgment is
rendered in the criminal action
3. accords a civil case a preferential treatment and constitutes an exception to
the general rule that the civil action shall be suspended when the criminal action is
instituted
4. however, suspension does not include dismissal therefore, double jeopardy
cannot be invoke
Where and when to file the petition for suspension
1. does not need to wait for the criminal case to be filed in court, it is sufficient
that there be previously instituted civil case it may be filed in the stage of
preliminary investigation
2. the petition for suspension should be filed in the criminal case not in the civil
case since what is
3. suspended is the criminal case right?? Lol
4. where? in the office of the prosecutor conducting the preliminary
investigation
5. any time before the prosecution rests
Case illustrations:

Preliminary Investigation Preliminary Examination


by the prosecutor by the judge
purpose: whether the accused should be purpose: to determine probable cause for
held for trial or if he should be released the issuance of a warrant of arrest
Nature: executive, since it is part of the Nature: judicial
prosecutors job
Case Facts Ruling
(People v. More than two days before the marijuana is inadmissible since it
Irregularity of arrest (not Proper arrest Aminnudin) arrest, the officers received a tip was not incident to a lawful arrest.
in accordance with Rule that the accused was on board an The accused was not, at the
113, Sec5(a)&(b) identified vessel and carrying moment of his arrest, committing a
Inquest proceeding shall not Inquest shall proceed marijuana; acting on the crime nor was it shown that he was
proceed information they waited for the about to do so or that he had just
accused and approached him as he done so. He was just descending the
Release of the detainee Detainee may ask for bail (?) descended the ship and arrested ship; no outward indication that
*if the evidence warrants Prosecutor should ask the detainee if he wants to avail him. called for his arrest. To all
preliminary investigation, the preliminary investigation (remember: purpose of appearances, he was like any other
prosecutor may serve notice preliminary investigation is to determine the probability passengers innocently disembarking
to the detainee of guilt of the accused, and whether he should be held from the vessel. The officers could
for trial have obtained a warrant since they
had reasonable time to apply
(People v. The accused were arrested while Invalid arrest made merely on the
Molina) inside a pedicab despite the basis of reliable information that the
absence of any outward indications persons arrested were carrying
of a crime being committed. marijuana
(Malacat v. A warrantless arrest cannot be
CA). justified where no crime is being
committed at the time of the arrest
because no crime may be inferred
from the fact that the eyes of the
person arrested were moving fast
and looking at every person passing Anita buri-like plastic bag which appeared
by Claudio to contain camote tops, boarded a
People v. There was a telephone call from an The requirements of a warrantless bus. Overt act: instead of placing
Mengote. alleged informer that suspicious arrest were not complied with. There the bag by her side, which is the
looking men were at a street was no offense which could have usual practice of a traveler, she
corner. The operatives dispatched been suggested by the acts of placed the same on the back seat
to the place, they saw three men Mengote of looking from side to side where a trained anti-narcotics agent
who was looking from side to side while holding his abdomen. These was seated. Since the act of the
clutching his abdomen. The are obviously not sinister acts. He accused was unusual, the suspicion
operatives approached the men was not skulking in the shadows but of the agent was aroused. Feeling
and introduce themselves as walking in the clear light of day. By that something was unusual, the
policemen. Two of them tried to run no stretch of the imagination could it agent inserted his finger inside the
away but the attempt was foiled. have been inferred from these acts bag where he felt another plastic
The search yielded a revolver in the that an offense had just been bag in the bottom from which
possession of Mengote and a fan committed, or was at least being emanated the smell of marijuana.
knife in the pocket of another. attempted in their presence. Right after she got off the bus, the
People v Two men who were arrested told the facts and circumstances did not agent arrested the accused.
Laguio. the officers that they knew of a manifest any suspicious behavior on People v. Two police officers together with a there was a valid warrantless arrest
scheduled delivery of shabu by the part of WW that would Tangliben. barangay tanod were conducting and a valid warrantless search,
their employer WW. The police reasonably invite the attention of the surveillance operations in a bus since the officers were faced by an
operatives proceeded to the place police. He was merely walking from station to check on persons who on-the-spot information which
and found WW who came out of the apartment and was about to may be engaging in the traffic of required them to act swiftly.
the apartment towards a parked enter a parked car when the police dangerous drugs based on
car, the officers approached him, operatives arrested him, frisked and information supplied by informers.
introduced themselves and upon searched his person and They noticed a person carrying a red
hearing that he was WW, commanded him to open the travelling bag who was acting
immediately he frisked him and compartment of the car. He was not suspiciously. When asked to open
asked him to open the back committing any visible offense then. the bag, the accused did so only
compartment of the car. When Therefore, there can be no valid after the officers identified
frisked, an unlicensed pistol with warrantless arrest in flagrante themselves. Found in the bag were
live ammunitions was found inside delicto. It is settled that reliable marijuana leaves.
his pocket. The operatives information alone, absent any overt People v Because of confidential reports from Again, the Court distinguish Maspil
searched the car and found shabu, act indicative of a felonious Maspil informers that two persons would be from Aminnudin. In Aminnudin, the
unlicensed pistol, etc enterprise in the presence and within transporting a large quantity of officers were aware of the identity
the view of the arresting officers, is marijuana, officers set up a of the accused, his planned criminal
not sufficient to constitute probable checkpoint to monitor, inspect, and enterprise and the vessel he would
cause that would justify an in scrutinize vehicles. A couple of hours be taking, and the officers had
flagrante delicto arrest. after midnight, a jeepney was sufficient time to obtain a search
flagged down in the checkpoint. On warrant. In Maspil, the officers had
Case Facts Ruling board were the persons identified by no exact description of the vehicle
People v. The accused was carrying a woven the informers who were also with the of the accused, and no idea of the
policemen manning the checkpoint. definite time of its arrival. A jeepney
When the sacks and tin cans were on the road is not the same as a People v Two robbers divested the passengers The warrantless arrest of the
opened, they contained marijuana passenger boat the route and time Acol. of a jeepney of their belongings accused was sustained by the
leaves of arrival of which are more or less including the jacket of one passenger. Court as well within the hot pursuit
certain and which ordinarily cannot The passengers immediately sought exception.
deviate or alter its course or select the help of police officers which formed
another destination. a team to track down the suspects.
One of the passengers, who went with
the police officers, saw one of the
robbers casually walking in the same
vicinity and wearing his jacket.

People v The police station received a report of based on their knowledge


Gerente. a mauling incident, right away the of the circumstances of the death
officers went to the crime scene and of the victim and the report of an
found a piece of wood with blood eyewitness, in arresting the
stains, a hollow block and two pouches accused, the officers had personal
of marijuana. A witness told the police knowledge of facts leading them to
that the accused was one of those who believe that it was the accused
killed the victim. They proceeded to the who was one of the perpetrators of
house of the accused and arrested the crime.
him.

Case Facts Judgment


Abelita A team was dispatched to investigate. The petitioners act of trying to get
III v. The investigation disclosed that a away, coupled with the incident
Doria victim was wounded and that the report which they investigated, is
WHAT: witness tagged the petitioner as the enough to raise a reasonable
shooting one involved and that he had just left suspicion on the part of the police
incident the scene of the crime. After tracking authorities.
down the petitioner, he was invited to
the police headquarters but the
petitioner sped off.
Conducted through submission of affidavits and supporting documents, and
through exchange of pleadings
1. Private respondent filed an action for frustrated parricide, then several To determine:
months after, she filed another action for the declaration of the nullity of their 1. Whether a crime has been committed
marriage. The petitioner filed an urgent motion to suspend the proceedings. Ruling: 2. Whether the respondent is probably guilty thereof
no prejudicial question since the criminal action was first filed before the civil case. Prosecutors duties:
For a prejudicial question to exist, the civil action must be instituted first before the 1. To determine the existence of probable case
filing of the criminal action. Moreover, the issue in the annulment of marriage is not 2. To file information
similar or intimately related to the issue in the criminal case for parricide. What is probable cause in preliminary investigation?
2. Respondent contracted his first marriage. Without said marriage having Implies probability of guilt
been annulled, nullified, or terminated, the same respondent contracted a second Requires more than bare suspicion
marriage with the petitioner. Based on petitioners complaint-affidavit, information for The prosecutor does not:
bigamy was filed against respondent. Sometime thereafter, respondent initiated a civil determine the guilt or innocence
action for the judicial declaration of absolute nullity of his first marriage. Respondent exercise adjudication nor rule-making functions
then filed a motion to suspend the proceedings in the criminal case for bigamy. Issue: Ultimate purpose:
whether the subsequent filing of a civil action for declaration of nullity of a previous to secure the innocent against hasty, malicious and oppressive prosecution
marriage constitutes a prejudicial question to a criminal case for bigamy. Ruling: the to protect him from an open and public accusation of a crime
civil action for declaration of the nullity of the marriage was not determinative of the to protect the State from useless and expensive prosecution
issue in the bigamy case, the Court placed emphasis on Art40 of the Family Code designed to free a respondent from the inconvenience, expense, stress of
which requires a prior judicial declaration of nullity of a previous marriage before a defending himself/herself in the course of a formal trial, until the reasonable
party may remarry. Without it, the first marriage is presumed to be subsisting. Thus, probability of his or her guilt has been passed upon in a more or less summary
any decision in the civil action for nullity would not erase the fact that respondent proceeding
entered into a second marriage during the subsistence of a first marriage. Therefore, Is the prosecutor a quasi-judicial officer?
a decision in the civil case was not essential to the determination of the criminal No. A preliminary investigation is not a trial of the case on the merits, and has no
charge not a prejudicial question. purpose except that of determining whether a crime has been committed and whether
CHAPTER IV PRELIMINARY INVESTIGATION there is probable cause to believe that the accused is guilty thereof. While the fiscal
Is the respondent probably guilty and therefore, should go to trial? makes that determination, he cannot be said to be acting as a quasi-court, for it is
Nature: INQUIRY PROCEEDING / Judicial Proceeding the courts, ultimately, that pass judgment on the accused, not the fiscal.
Purpose: TO DETERMINE whether there is SUFFICIENT GROUND to engender a Is the substantial right of the accused to a preliminary investigation
well-founded belief that a crime has been committed and the respondent is probably waivable?
guilty thereof, and should be held for trial Yes. It is deemed waived for failure to invoke the right prior to or at the time of the
Function: executive not a judicial function plea/arraignment.
The only means of discovering the persons who may be
reasonably charged with a crime PROBABLE CAUSE , defined.
To enable the fiscal to prepare his complaint or information existence of facts and circumstances
Lasts for 10 days as would lead a person of ordinary caution to entertain an honest and strong
Not a trial nor a part of it suspicion
Does not involve the examination of witnesses that the accused is guilty of the crime subject of the investigation
The purpose is not to declare the respondent guilty beyond reasonable based only on opinion and reasonable belief
doubt implies probability of guilt
Does not require confrontation between the parties
Requires:
requires more than bare suspicion What is the effect of denial of a motion for reinvestigation?
but less evidence cannot invalidate the information
elements of the crime charged should be present since every crime is INQUEST PROCEEDINGS (summary investigation):
defined by its elements, without which there should be no criminal for persons detained
It does not a person is lawfully arrested without a warrant
does not import absolute certainty involving an offense which requires preliminary investigation
need not be based on clear and convincing evidence of guilt not a preliminary investigation; distinct
does not pronounce guilt (only the probability of guilt which would lead the does not follow the procedure on preliminary investigation
accused to stand trial) CONDUCTED WHEN: (by the inquest officer/prosecutor)
require a full and exhaustive presentation of the parties evidence a person has been lawfully arrested and detained
Discretion: without warrant
The determination lies within the discretion of the prosecuting officers after WHERE:
conducting a preliminary investigation. police stations/headquarters of the PNP, unless otherwise directed (which is
Merely binds over the suspects to stand trial why it is an informal and summary proceeding)
Deemed COMMENCED:
Kinds of determination of probable cause from the time the Inquest Officer receives the complaint and referral
1. Judicial made by judge documents
2. Executive made by the prosecutor during preliminary investigation detained persons should be present during inquest proceedings
Purpose: to determine whether or not the person detained should remain under
When required? custody and then charged in court ahh ok!!! Grrrr!!
Preliminary investigation is required in a criminal offense has a penalty of at least - PN NOT REQUIRED even if offense requires preliminary investigation
4yrs, 2months, and 1 day. Substitute INQUEST PROCEEDING?
1. a person is arrested lawfully without a warrant
Procedures for cases not requiring preliminary investigation: note: he may ask for a preliminary investigation*
1. Directly submit with the prosecutor; or note: inquest proceedings apply
2. By filing an information or complaint with the MTC conducted by the judge 2. in flagrante delicto
Reason: preliminary investigation is not required since the person is lawfully
Application for bail: arrested
while a preliminary investigation is undertaken, the person arrested is still Riano: if he has been arrested in a place where an inquest prosecutor is available, an
under detention inquest will be conducted instead of a preliminary investigation.
to effect release, he may apply for bail since he is not yet charged in court Question: What is the use of inquest proceeding?
Question: Is an inquest a substitute of preliminary investigation?
After plea has been entered/after arraignment: Question: Is it needed in lieu of preliminary investigation?
-deemed to have waived the absence of preliminary investigation Answer: an inquest proceeding shall normally apply when a person is lawfully
arrested without a warrant
Remand to the prosecutor:
if the accused wants a preliminary investigation, the court will not dismiss, *When may the person lawfully arrested without warrant ask for a preliminary
BUT remand the case to the prosecutor so that investigation may be conducted investigation?
the Sandiganbayan will hold in abeyance any further proceedings
Lack/Irregularity of Preliminary investigation will not affect: - before the complaint/information is filed but he must sign a waiver under Article
1. courts jurisdiction 125 of the RPC (imposes a penalty on the officer)
2. validity of the information or render it ineffective
- after filing, within 5 days from the time he learns of its filing Effect of no counter-affidavit: ex parte investigation
prosecutor shall resolve the complaint based on the evidence presented by
Duty of the Inquest Prosecutor: the complainant
1. to determine if the detained person has been arrested lawfully in accordance Respondent may be allowed to reopen the case to submit his counter-affidavit;
with Rule 113, Sec 5 (a) and (b) should be done before the prosecutor has issued a resolution; it should contain an
a. he may examine the arresting officers on the arrest explanation for the failure to timely file the counter-affidavit
2. should it be found that it was not in accordance with Rule113, inquest
prosecutor shall not proceed with the inquest proceedings. And recommend the Clarificatory Hearing:
release of the detainee set by the prosecutor
** see the table at the back/below to clarify facts and issues
no right to cross-examine
Inquest must pertain to the offense for which the arrest was made if the parties have questions to ask, it should be addressed to the
Case: Beltran v. People prosecutor, and the latter shall be the one to ask the questions to the party concerned
Facts: Beltran was arrested without a warrant for inciting to sedition based on a lasts only for 5 days
speech he gave. Second inquest was based on rebellion. dispensable
Ruling: Inquest proceedings are proper only when the accused has been lawfully within the discretion of the prosecutor
arrested without a warrant. The officers arrested Beltran for inciting to sedition and Resolution; final stage of preliminary investigation
not for rebellion, therefore the prosecutor could only have conducted an inquest for If the prosecutor finds probable cause to hold the accused for trial, he shall prepare:
inciting to sedition and no other! Second inquest invalid 1. resolution
STEPS ON PRELIMINARY INVESTIGATION: 2. *information (to be filed in court)
*initial step: filing of the complaint with the prosecutor 3. or dismissal
(an affidavit of complaint) *the information shall contain a certification, in which he certifies:
Contains: 1. he personally examined the complainant and witnesses
1. address of the respondent 2. there is reasonable ground that a crime has been committed
2. affidavits of his witnesses 3. accused is probably guilty
3. other supporting documents 4. accused was informed of the complaint and evidence
the number of copies to be filed shall also the number of respondents 5. he was given an opportunity to submit evidence
included plus 2 copies for official file Effect of the absence of certification:
example: 2 respondents 2 copies + 2 official files = total4 the information is still considered valid
Dismissal of the complaint: (made by the complainant) After resolution prosecutor shall forward the case to the provincial or city
from filing, prosecutor has 10 days to decide: prosecutor or chief state prosecutor or Ombudsman
1. dismiss Reason: there should be prior written authority or approval of the provincial, city
2. issue subpoena to the respondent prosecutor, or chief state prosecutor or Ombudsman before an information or
Rights of the Respondent: complaint may be filed or dismissed by the prosecutor
right to examine the evidence submitted *Resolution of the investigating prosecutor is not conclusive since it may be reversed
right to copy the evidence at his expense or affirmed by the prosecutors earlier cited
objects shall be made available for examination, copying, or photographing
at the expense of the requesting party (may be respondent or complainant) Reiteration of the rule: no complaint or information may be filed or dismissed by an
Filing of counter-affidavit by respondent: investigating prosecutor without the prior written authority or approval of the provincial
within 10days from receipt of subpoena, he is required to submit his counter- or city prosecutor, or chief state prosecutor, or the Ombudsman
affidavit with other documents
*reply-affidavit from complainant; rejoinder-affidavit from respondent When recommendation for dismissal is disapproved:
the Ombudsman may file the information or he may direct another assistant (Judge may dismiss)
prosecutor b. Establishes probable cause
(Judge shall issue warrant of arrest)
Motion for Reconsideration (If lawfully arrested issue a commitment order)
aggrieved party may file within 15 days from receipt of the resolution c. Engenders a doubt as to the existence of probable cause
Appeal (Order to submit additional evidence)
within 15 days from the denial of the MR
appeal to the Secretary of Justice When warrant of arrest is not necessary:
verified comment may be filed by the adverse party, 15 days from receipt of 1. Accused is under detention pursuant to a lawful warrantless arrest, and a
appeal complaint or information has already been filed
if there is no verified comment, Secretary of Justice may resolve on the 2. Offense is punishable by fine
basis of the petition 3. Case is subject to the Rules on Summary Procedure (inquest?)
if there is probable cause, information may be filed in court
proceedings in court should be held in abeyance BAR Question: Whether the TRIAL COURT may refuse to grant the motion
aggrieved party may file a motion for suspension of arraignment; Rule 116, filed by the Provincial Fiscal (upon instructions of the Sec of Justice) and
11(c) arraignment shall be suspended if a petition for review of the resolution of the insist on the arraignment and trial on the merits.
prosecutor is pending Answer: YES, the court may deny the motion and require that the trial on the
Secretary may dismiss outright merits proceed for the proper determination of the case. Once a criminal
IF an information has been filed and accused has already been arraigned complaint or information is filed in court, any disposition of the case or dismissal or
before the filing of the appeal, the appeal shall not be given due course acquittal or conviction of the accused rests within the exclusive jurisdiction of the trial
IF, accused has been arraigned after the filing of the petition, any court. The fiscal or even the Secretary of Justice cannot impose his opinion on the
arraignment shall not bar the Secretary of Justice to review trial court since it is the best and sole judge on what to do with the case before it. The
Secretary of Justice has the power to affirm, modify, nullify, or reverse judge of the trial court is not bound to rely solely on the resolution of the fiscal; he
the resolution made by his subordinates; has the ultimate power to decide which must make a personal evaluation of the case, and satisfy himself that there is indeed
conflicting theories of the parties should be believed; his finding are not subject to a probable cause to issue a warrant of arrest or a commitment order. Further, judge is
review, except if tainted with grave abuse of discretion (remedy of aggrieved party: required to positively state that the evidence presented was insufficient for a prima
petition for certiorari); his decision is final facie case. It must include the discussion of the merits and state the reasons for
Courts are not empowered to substitute their own judgment, only that of the granting the motion to withdraw.
investigating prosecutor and ultimately that of the Secretary of Justice Chapter V. ARREST, SEARCH, AND SEIZURE
General rule: Principle of non-interference leaves the investigating How made
prosecutor sufficient latitude of discretion The taking of the person into custody
Exception: when there is grave abuse of discretion In order that he may be bound to answer for the offense
Appeal to the Secretary of Justice Need not be actually restrained
May be availed of despite the filing of information in court Sufficient: submission to the custody of the person
Appeal to the Office of the President; administrative appeal Control over the person
Appeal to the Court of Appeals; judicial appeal Restraint on his liberty
Appeal to the Supreme Court He is not free to leave on his own volition

Duties of the Judge; upon filing of the complaint/information Who will arrest?
1. Personally evaluate the resolution; look into its evidence Law enforcement officers are entrusted with the power to:
2. Judge may find that evidence: Conduct investigations
a. Fails to establish probable cause Make arrests
Perform searches and seizures of persons and their belongings not required to personally examine
Must be exercised within the boundaries of the law judges merely determine the probability, not the certainty, of guilt of an
accused
PROBABLE CAUSE on ARREST personally review the initial determination of the prosecutor finding probable
1. Personal knowledge by the arresting officer cause to see if It is supported by substantial evidence
2. of facts and circumstances but such personal examination is not mandatory and indispensable in the
3. that the arrestee is indeed the perpetrator of the criminal act determination of probable cause; the necessity arises only when there is an utter
failure of the evidence to show the existence of probable cause; otherwise, the judge
QUESTION: What if the act of the officer does not amount to an arrest; will the may rely on the report of the investigating prosecutor
requirements on probable cause and personal knowledge stay?
ANSWER: No. It will not be pre-requisites to the legality of the said arrest. PROBABLE CAUSE (on WARRANT OF ARREST), defined
assumes the existence of facts
REQUISITES FOR ISSUANCE OF A WARRANT OF ARREST; judges duties that would lead a reasonably discreet and prudent man to believe that a
(While on preliminary investigation, it was more on the prosecutors duty) crime has been committed or it was likely to be committed
1. it shall be issued upon finding of probable cause by the person sought to be arrested
otherwise, unreasonable, violates the constitutional right to privacy
of persons subject to such warrant In determining probable cause:
average man weighs the facts and circumstances
2. personally determined by the judge without resorting to the standards of the rules of evidence
of which he has no technical knowledge
case: AAA vs. Carbonell: judge is not required to personally he relies on common sense
examine the complainant and her witnesses in satisfying himself of the existence of demands more than suspicion
probable cause; judge should have taken into consideration the documentary requires less than evidence
evidence as well as the transcript of stenographic notes Personal determination by the judge
Ruling: The judge committed grave abuse of discretion for dismissing the criminal in Carbonell case judge is not required to personally examine the
case on the ground that petitioner and her witnesses failed to comply with his orders complainant and her witnesses; he may take into consideration the documentary
to take the witness stand. evidence, supporting affidavits
however, the Court found that the judges finding of lack of probable
Case: Soliven v. Makasiar this provision does not mandatorily require the judge to cause was premised only on the complainants and her witnesses absence during
personally examine the complainant and her witnesses. He may opt to: the hearing scheduled by the judge for the judicial determination of the probable
1. personally evaluate the report and supporting documents submitted by the cause
prosecutor; or therefore, absence of the complainant or the witnesses, or failure or
2. disregard the prosecutors report and require the submission of supporting refusal to take the witness stand would not warrant the existing of probable cause #lol
affidavits of witnesses #dontstatetheobviousclairy
SC found that the judge committed grave abuse of discretion for
but such personal examination is not mandatory and indispensable dismissing the criminal case on the ground that petitioner and her witness failed to
in the determination of probable cause; the necessity arises only when there comply with his orders to take the witness stand
is an utter failure of the evidence to show the existence of probable cause; Judge may disregard the fiscals report and require the submission of supporting
otherwise, the judge may rely on the report of the investigating prosecutor affidavits of witness to aid him in determining probable cause case: Soliven v
Makasiar
The Judge must:
satisfy himself of the existence of probable cause
Judges just personally review the initial determination of the The officer also has the duty to deliver the person arrested to the nearest police
prosecutor finding a probable cause to see if it is supported by substantial station or jail without necessary delay.
evidence
Personal examination not mandatory and indispensable; When the person to be arrested is INSIDE a BUILDING
When personal examination is required (literal) 1. The officer is authorized
Only when there is utter failure to show the existence of probable cause 2. To break into any building or enclosure
Otherwise, judge may validly rely (not solely hence, evaluation of 3. In case he is refused admittance
documentary evidence) on the report of the prosecutor , provided that he likewise 4. After announcing his authority and purpose
evaluates the documentary evidence in support thereof 5. If necessary, he may break out from said place to liberate himself
He should not rely solely on the report of the investigating prosecutor but
must also evaluate the documentary evidence and affidavits, and stenographic notes LAWFUL WARRANTLESS ARREST*
If the report, taken together with the supporting evidence, is sufficient to 1. in flagrante delicto in his presence, the person to be arrested, is
sustain a finding of probable cause, it is not compulsory that a personal examination actually committing or is attempting to commit an offense
of the complainant and his witnesses be conducted a. citizens arrest is allowed
Never allowed to follow blindly the prosecutor 2. hot pursuit an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts/circumstances that the
When directly filed with the MTC person to be arrested has committed it
1. Judge shall personally evaluate the evidence; or 3. escapee when the person to be arrested is a prisoner who has escaped
2. Personally examine in writing and under oath the complainant and his *the exception to the general rule that a warrant of arrest is required before an arrest
witnesses in the form of searching questions and answers is made
Method of Arrest with a warrant
1. Warrant is issued by a judge WHAT is CITIZENS ARREST?
2. Delivered to the proper law enforcement officer for execution a private person, may without a warrant, arrest a person when, in his
3. Head of the office to whom the warrant of arrest was delivered shall cause presence, the person to be arrested is in flagrante
the warrant to be executed within 10 days from its receipt Who may make the warrantless arrest?
4. Within 10 days after the expiration of the period, the officer to whom it was 1. Peace officer
assigned for execution shall make a report to the judge who issued the warrant 2. Private person
5. In case of his failure to execute, he shall state the reasons for its non- 3. a bondsman
execution
Procedure of arrest by virtue of a warrant; the OFFICER SHALL: Requisites of in flagrante delicto
1. Inform the person to be arrested of the cause of his arrest; 1. accused must perform an overt act
2. Inform him of the fact that a warrant has been issued 2. done in the presence or within the view of the arresting officer
mere suspicion and reliable information not justification for a warrantless
The information need not be made when the person to be arrested: arrest!
1. Flees
2. Forcibly resists CASES where warrantless arrest is upheld
3. Giving of the information will imperil the arrest The HOT PURSUIT exception

NOTE: The officer need not have the warrant in his possession at the time of REQUIREMENTS:
the arrest. However, after the arrest, the warrant shall be shown to him as soon as 1. Offense has just been committed
practicable, if the person arrested so requires. 2. The person making the arrest has personal knowledge of facts indicating
that the person to be arrested has committed it
d. To be visited by the immediate members
Note: a warrantless arrest made, one year after the offense was allegedly committed
is an illegal arrest! Custodial investigation in a form of an invitation to person who is investigated in
connection with the offense he is suspected to have committed
Does not require the officers to personally witness the commission of the
offense; PERSONAL KNOWLEDGE must be based on PROBABLE CAUSE Effect of an ILLEGAL ARREST on JURISDICTION of the court
actual belief or reasonable grounds of suspicion. Legality of the arrest affects only the jurisdiction of the court over the
person
Reasonable ground: Waiver of an illegal warrantless arrest does not mean a waiver of the
1. Based on actual facts inadmissibility of evidence seized during an illegal warrantless arrest.
a. Supported by circumstances sufficiently strong in themselves to create Chapter XI JUDGMENT
probable cause of guilt
b. Probable cause with good faith Judgment, defined.
Method of arrest WITHOUT a WARRANT Adjudication by the court
1. Arrest by an officer; he shall inform: That accused is guilty or not guilty
a. Of his authority Imposition of the proper penalty
b. Cause of his arrest And civil liability
The info need not be given if:
a. If the person to be arrested is engaged in the commission of an offense Formal Requisites of Judgment:
b. In the process of being pursued immediately after its commission 1. Written in the official language
c. Escapes or flees 2. Personally and directly prepared an signed by the judge
d. Forcibly resists before the officer could inform him 3. Must contain clearly and distinctly
e. The information will imperil the arrest a. Statement of facts
Officer may: b. Law
Summon assistance
Break into a building or an enclosure or break out from it Jurisdictional requirements:
a. over the subject matter
2. Arrest by private person; he shall inform b. territory
a. His intention to arrest him c. person of the accused
b. Cause of his arrest
*need not be given under the same conditions above Contents of a judgment of CONVICTION
a. legal qualification
NOTE: the right to break into a building or an enclosure does not apply to private b. aggravating and mitigating circumstances
person!! c. participation of the accused; principal, accomplice, accessory
d. penalty imposed
TIME OF ARREST: any day; any time of the day or night e. civil liability or damages

Rights of a person arrested: Contents of a judgment of ACQUITTAL:


a. Assisted by counsel at all times 1. state whether the evidence of the prosecution:
Counsel must be independent and competent i. absolutely failed to prove the guilt
b. Remain silent ii. merely failed to prove his guilt beyond reasonable doubt
c. To be informed of the above rights
2. determine if the act or omission from which the civil liability might arise did
not exist Notice on the promulgation of judgment
Note: verdict of acquittal is immediately final! given by the clerk of court personally to the accused or thru his bondsman or
warden and counsel
Rule on duplicitous complaint or information; two or more offenses in a if tried in absentia served at his last known address
single information or complaint 2-in-1
Remedy: MOTION TO QUASH (during arraignment) What if the accused fails to appear in the promulgation?
Exception: when the law prescribes a single punishment for various 1. Shall be made by recording the judgment in the criminal docket
offenses 2. Serve him a copy at his last known address or thru his counsel
What happens if the accused fails to object before trial?
Waiver Judgment for conviction:
May be convicted for as many offenses as are charged and proved, and Accused fails to appear without just cause
impose penalty for each offense! He shall lose the remedies available against the judgment
Note: can no longer be raised on appeal Court shall order his arrest
Judgment rendered by a judge who did not hear the case Within 15 days from promulgation of judgment, accused may surrender and
Valid! file a motion for leave of court to avail the remedies
Valid even if he merely relied on the records of the case Modification of Judgment
especially where the evidence on record is sufficient to support its 1. Upon motion of the accused
conclusion 2. Before the judgment becomes final or before appeal is perfected

Variance doctrine; variance between allegation and proof When judgment becomes FINAL
a. offense proved is different from the offense charged a. After the lapse of the period for perfecting an appeal; or
b. offense charged is either included in the offense proved or necessarily b. When the sentence has been partially or totally satisfied or served
includes the offense proved c. When the accused has waived his right to appeal
d. He has applied for probation
General rule: convicted only of the offense charged
Exception: variance doctrine; may be convicted of the: Entry of judgment
offense proved which is included in the offense charged or of the offense After judgment has become final, it shall be entered in accordance with
charged which is included in the offense proved Section 8, Rule 120, Rules of Court

When an offense includes or is included in another II NEW TRIAL OR RECONSIDERATION (conviction)


1. essential elements or ingredients of the offense charged constitute Who may file? Accused
or form part the offense proved When filed? any time before the judgment of conviction becomes final

Promulgation of Judgment The court may:


1. by reading in the presence of the accused and any judge a. Grant a new trial or reconsideration
2. for light offense in the presence of counsel or representative b. With the consent of the accused
3. may be promulgated by the clerk of court if the judge is absent or outside the c. Without waiting for the motion of the accused
province or city
4. if the accused is confined or detained in another province or city, may be Grounds for new trial
promulgated by the executive judge of the RTC having jurisdiction over the place of a. Errors of law
confinement or detention b. Irregularities prejudicial to the substantial rights
c. New and material evidence has been discovered* Once granted by law, its suppression is tantamount to a violation of due
1. Discovered after trial process
2. accused could not have discovered and produced Subject: judgment or final order
3. Even with the exercise of reasonable diligence
4. And which if introduced would probably change the judgment Who may appeal?
i. It must be material Any party
ii. Must affect the merits and produce a different result if admitted Exception: accused will be placed in double jeopardy
iii. must concur
What if the accused appeals?
Grounds for reconsideration Waives his right against double jeopardy
1. errors of law Runs the risk of being sentenced to a penalty higher than that imposed by
2. errors of fact the trial court
Form:
1. in writing Who may institute proceedings before the CA or SC?
2. state the grounds Only the OSG or Solicitor General (as appellate counsel)
a. if based on new and material evidence it should be supported by affidavits He should be given the opportunity to be heard in behalf of the
Notice of the motion People.
given to the prosecutor
Case: appellate court failed to notify the Solicitor General of its resolution on a
When hearing on the motion is required petition filed by the accused and failed to require to file its comment effect:
when it calls for a resolution of a question of fact deprivation of a fair opportunity to prosecute and prove its case
Rule: a petition for review should be filed by the Solicitor General who is solely
EFFECT: vested with the authority to represent the people
a. based on errors of law or irregularities
all the proceedings and evidence affected shall be EFFECT OF APPEAL on CRIMINAL CASE:
i. set aside; and Opens the entire case for review
ii. taken anew Appellate court may correct errors; or
the court may allow additional evidence reverse the trial courts decision on grounds other than those that the parties
b. newly-discovered evidence raised as errors
evidence already adduced shall stand
the newly-discovered evidence shall be taken together with the EFFECT of appeal on civil case:
evidence already in record in contrast with the criminal case
c. in all cases where it is granted no error will be considered by the appellate court unless stated in the
original judgment shall be set aside or vacated assignment of errors, except when:
new judgment shall be rendered a. error affects the jurisdiction
b. affects the validity of the judgment appealed
III APPEALS c. closely related or dependent on an assigned error
Not a natural right d. plain error or a clerical error
Merely a statutory privilege
May be exercised in the manner and in accordance with the provisions of Change of theory on appeal not allowed!
law Rule: A PARTY CANNOT
1. change his theory on appeal
2. nor raise in the appellate court any question of law or of fact that was not procedural consequences; the stay of execution will not benefit those
raised in the court below accused who failed to file on time
3. or which was not within the issue raised in their pleading COURT OF APPEALS may dismiss:
WHERE and HOW to appeal? 1. if the appellant fails to file within the time prescribed
a. RTC cases decided by MTC a. except: appellant is represented by a counsel de oficio
1. Notice of appeal served to the RTC 2. if the appellant escapes
2. filed with the court which rendered the judgment Ground for reversal of judgment or its modification
3. serve a copy upon the adverse party (personal service) Rule: CA is mandated not to reverse or modify a judgment
No notice of appeal RTC imposed the reclusion perpetua; the CA will Except: After examination of the record and evidence, it finds that there is an error
automatically review the judgment which injuriously affects the substantial rights of appellant
b. CA or SC cases decided by RTC
1. Judgment by the RTC in its original jurisdiction Rule if the opinion of the Supreme Court en banc is equally divided
i. Notice of appeal 1. It shall again be deliberated (re-deliberation)
2. Judgment by the RTC in its appellate jurisdiction 2. If no decision is reached, judgment of conviction of the lower court shall be
i. File a petition for review reversed and the accused acquitted!
b. SC cases decided by CA
1. Petition for review on certiorari IV PROVISIONAL REMEDIES IN CRIMINAL CASES
Remedies available in a civil action; since a civil action is deemed instituted
When appeal is to be taken in the criminal case, it follows that provisional remedies are also available, save in
1. Within 15 days from promulgation of judgment cases where the civil action is reserved, or waived, or separately filed
2. The period shall be suspended from the time a motion for new trial or To avail:
reconsideration is filed until overruled the criminal action must be one with a corresponding civil liability
May an appeal be withdrawn? the civil action must be one arising from the offense charged and which is
Yes. As long as the record has not been transmitted or forwarded to the appellate instituted in the said criminal action
court. When it is withdrawn judgment becomes final! IF, civil action has been waived, reserved, or instituted separately the
1. Motion to withdraw is filed provisional remedy may not be availed of. Instead, it may be applied for in the
2. Filed before the RTC separate civil action
EFFECT of appeal by any of several accused Who may avail? offended party
Only binds those who appealed What are these provisional remedies?
Will not affect those who did not appeal 1. Preliminary attachment
Except: judgment is favorable to others; this time it will bind the others who 2. Preliminary injunction
did not appeal 3. Receivership
Except: procedural consequences; the stay of execution will not benefit 4. Replevin
those accused who failed to file on time 5. Support pendente lite
Appeal from the civil aspect
Shall not affect the criminal aspect When preliminary attachment is available
Within 15 days from promulgation of judgment when the civil action is properly instituted in the criminal action
Period to apply for probation when the accused is about to abscond
Within 15 days from promulgation when criminal action is based on claim for money or embezzlement or
Stay of execution misappropriation
Upon perfection of the appeal when accused has concealed, removed, or disposed of his property, or is
about to do so
when the accused resides outside the Phils.
May be availed of without the need for a showing that the accused has
concealed, removed, or disposed of his property or is about to do so.