Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
I. Jurisdiction
Definition of jurisdiction
 Latin origin: “I speak by the law”
 It is the power or authority of the court
to try and decide the case.
 Lack of jurisdiction can be a ground for
dismissal of the case.
Criminal jurisdiction
• It is the power to try and hear a criminal
offense and impose the penalty
prescribed by law.
Criminal case
• Also called “criminal action”
• It is a proceeding by which the State
prosecutes a person for an act or
omission punishable by law.
What determines jurisdiction of courts?
• It is the offense alleged in the complaint
or information, and the corresponding
penalty prescribed by law for the offense
committed.
What happens when a case is filed in the RTC,
but during trial, the evidence proved a lesser
offense which falls under the MTC's
jurisdiction? Will the RTC be ousted of its
jurisdiction?
• No. Once jurisdiction is validly Sandiganbayan?
acquired, it will continue, even if a lesser
offense is proven.
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In order for a court to validly try a case, it must jurisdiction:
have jurisdiction over: 1. the offender must be in Section 4 of
1. the offense; R.A. 106602; and
2. the person of the accused; and 2. commits violations of the following:
3. the territory. (a) RA 3019 (Anti-Graft & Corrupt
Practices Act)
A. Over the offense (b) RA 1379 (Forfeiture of illegally-
acquired wealth
Over what offenses may the MTC1 exercise (c) Chapter 2, Section 2, Title 7, Book
jurisdiction? 2 of the Revised Penal Code (such
1. All violations of city or municipal as bribery, malversation, illegal
ordinances committed within their exaction, and other crimes by
respective territorial jurisdiction; and public officers)
2. All offenses punishable by imprisonment (d) RA 7080 (Plunder Act), AMLA,
not exceeding 6 years, regardless of fine, Anti-Gift giving Act
except: LIEMD (e) E.O.s 1,2,14,14-A (sequestration
(a) Libel; cases)
(b) Infringement of copyright, in the (f) any other offenses, either simple
absence of special commercial courts in or cosmplexed with other crimes,
the place where the crime was committed; committed by government officials
(c) Election offenses; (in Sec. 4 of RA 10660) in relation
(d) Offenses involving minors, if there are to their office.
no Family Courts in the place where the • The RTC would have exclusive and
crime was committed; and regional jurisdiction if the information:
(e) Drug-related cases. ◦ doesn't allege any damage; or
◦ alleges but in an amount not
Note: The abovementioned, as well as exceeding P1,000,000.
offenses with a penalty of imprisonment
that exceeds 6 years, are triable by the 2 This enumerates the officers and government employees
triable by the Sandiganbayan, including, but not limited to:
RTC.
◦ governor, vice-governor
◦ Sangguniang Panlalawigan
What offenses fall under the jurisdiction of the
◦ department heads
◦ city mayor, vice mayor
• For Sandiganbayan to acquire ◦ city council
1This includes all the trial courts at the first level, namely, ◦ city treasurer, city assessor
MTC, MCTC, MTCC, and MeTC. ◦ those with salary grade of 27 and higher
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Lectures by Dean Agranzamendez; AY 2017-2018
Habitual Delinquency
• The accused is a habitual delinquent
when, within 10 years from his
conviction of: FRETSL
(a) less serious physical injuries;
(b) serious physical injuries
(c) robbery;
(d) theft;
(e) estafa; or
(f) falsification,
the accused is found guilty of any of the
said offenses a third time or oftener.
• If the accused is found to be a habitual tried?
delinquent, an additional penalty is
imposed.
• But in determining which court has
jurisdiction, the additional penalty for
habitual delinquency is not taken into
account, for the simple reason that
habitual delinquency is not a crime.
B. Over the person of the accused
How may a court acquire jurisdiction over the
person of the accused?
1. By his valid arrest
2. By voluntary appearance in court
Custody of the law
• “Jurisdiction over the person of the
accused” is not the same as “in custody
of the law”.
• Custody of the law means literal custody
over the body of the person, i.e.,
detention.
• A person must be in custody of the law
when he applies for bail or posts his bail.
C. Over the territory
• In civil actions, venue and jurisdiction are
not the same.
• Venue is the place of trial.
• In criminal actions, there is no distinction
between venue and jurisdiction.
Where may a criminal action be instituted and
CTVO
1. in the court where the criminal offense is
committed, or in the case of a continuing
crime, where any of its essential
ingredients (elements) occurred
2. if the crime is committed in train, aircraft
or vehicle, whether private or public, in
the course of its trip – in the court where
the train, aircraft, or vehicle, passed
during its trip, including the port of
departure and port of arrival
3. if the crime is committed on board a
vessel in the course of its voyage – in the
court of the first port of entry, or the court
of the municipality or territory where the
vessel passed
4. if the crime is committed outside the
Philippines but is punishable under Art. 2
of the RPC – in the court where the action
is first filed
• Note: Only the Supreme Court may order
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a change of venue, the purpose being to
avoid a miscarriage of justice.
Where may a criminal action for libel be filed?
1. in the RTC of the city or province where
the libelous article was printed or first
published, whether the offended party is a
private person or a public officer
2. in the RTC of the city or province where
the offended party, if a private person,
actually resides at the time of the
commission of the offense
3. in the RTC of the city or province where
the offended party, if a public officer,
actually holds office at the time of the
commission of the offense
Where may a criminal action for perjury be
instituted?
• In the court of the place where the crime
was committed, either by:
(a) false testimony in a case other than a
civil or criminal case; or
(b) false affidavit.
II. Rule 110: Prosecution of Criminal Offenses
How may a criminal action be instituted?
Section 1, Rule 110 states that–
1. As to offenses requiring preliminary
investigation, by the filing of a complaint
with the proper officer.
2. As to all other offenses, by the filing of a
complaint or information directly with the
MTC or MCTC, or prosecutor's office.
However, in Metro Manila and other
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
chartered cities, complaint shall be filed
with the office of the prosecutor.
When is preliminary investigation necessary?
• Preliminary investigation is required if
the penalty is imprisonment of at least 4
years, 2 months and 1 day, regardless of
the amount of fine.
Complaint/Information
• Criminal prosecution must only be upon
a complaint or information.
• Section 2, Rule 110 states that a criminal
complaint or information must be: WPA
1. in writing;
2. in the name of the People3 of the
Philippines; and
3. against all those who appears to be
responsible for the offense
Who represents the People in criminal actions?
The plaintiff is represented by:
1. the Office of the Prosecutor at the
MTC/RTC level
2. the Solicitor General at the CA/SC
level
3. the Ombudsman in cases involving
public officers at the
Sandiganbayan/SC level
What are the distinctions between a complaint
and an information?
What makes a complaint/information sufficient?
3 The People = plaintiff in a criminal action, because
When all of the following are stated: NDANPA
when you commit a crime, you violate the sovereignty of
the State. The offended party/victim is just a witness and a
claimant with respect to the civil aspect of the case.
1. As to definition:
• A complaint is a sworn written
statement charging a person of an
offense, subscribed by the offended
party, peace officer, or a public officer
charged with the enforcement of the
law violated.
• An information is an accusation in
writing signed by the public
prosecutor.
2. As to who signs it:
• A complaint may be signed by:
◦ (a) the offended party;
◦ (b) the peace officer; or
◦ (c) the public officer charged with
enforcement of the law violated.
• An information may be signed only
by the public prosecutor.
3. As to form, a complaint must be made
under oath, while an information need not
be.
• Note: If a complaint is not made under
oath, the defect is only formal and can
be cured by amendment.
3. As to where to file:
• A complaint is filed either with:
(a) the Office of the prosecutor; or
(b) the court.
• An information is filed directly at
court.
When is it legally permissible to not include the
name
1. name of the accused
complaint/information?
2. designation of the offense, as given by
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statute
3. the act or omission complained of as
constituting the offense
4. name of the offended party
5. place of commission
6. approximate date of commission
Why is it important for a complaint/information
to be sufficient?
• It must be sufficient so as:
◦ to give the accused all the information
he needs to prepare for trial; and
◦ to not violate his right to be informed
of the nature and cause of the
accusations against him.
What if the name of the accused is unknown?
1. The accused may be described (e.g.
“owner of Suzuki Jimny with plate
number HOE-69”); or
2. A fictitious name may be used (common
practice is the use of “John Doe” or “Jane
Doe”).
3. The moment the name is known, the
complaint/information may be amended to
state his/her correct name.
What if there are several accused?
• All the names of the individuals must be
included in the title and body of the
information.
of the accused in the
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The exception to the rule is in cases where the May the complaint/information charge more than
accused has been admitted to the Witness one offense?
Protection Program (RA 6981). • No. The complaint/information must
charge only one offense.
What if there is no designation of the offense ◦ In case of duplicitious or
committed? multiplicitious complaint/information,
• The law or section of the law that has the defense may file a Motion to
been violated may be mentioned (e.g. Quash. If this is not done and the
violation of B.P. 22, violated of Sec. 3(b) accused is arraigned, the defense
of RA 3019) waives its objection and the accused
may be convicted to as many offenses
The acts or omissions complained of must refer as alleged.
to the elements of the offense. • The exception is when the law prescribes
• If there are no elements, there is no a single punishment for various offenses:
crime at all, and the defense may file a ◦ complex crimes (when a single act
Motion to Quash on the ground that the constitutes two or more grave or less
facts charged do not constitute an grave offenses, or when an offense is
offense. a necessary means for committing the
other)
The place of commission will also show if the ◦ special complex crimes (such as Rape
court has proper jurisdiction. with Homicide)
◦ when the offense is an element of the
The date of commission alleged need not be other offense
exact. An approximate date (i.e., “on or about”)
is sufficient. What happens when the information is filed
• Such that if the date of commission against a public officer (for violation of RA 3019
alleged is “July 16, 2016” but the or a provision in the RTC on Bribery) in the
evidence of the prosecution during trial Sandiganbayan, RTC, or MTC, as the case may
showed that the crime was actually be?
committed on July 6, 2016, this error • The moment the information is filed, the
will not be fatal to the case of the court will issue an order directing:
prosecution. ◦ the accused to show cause; and
• The exception to this rule is when the ◦ a pre-suspension hearing on why
date is an element of the offense, like in he/she shouldn't be preventively
the case of Infanticide. suspended.
Pre-suspension hearing
What is the issue in a pre-suspension hearing?
• It is the validity of the information filed.
• This is also called suspension pendente
lite.
• If the accused can show that the
information is not valid, he will not be
suspended.
• The moment that the court finds that the
information is valid, however, it becomes
its ministerial duty to suspend the public
officer for a period not exceeding 90 days.
• An indefinite suspension pendende lite is
void.
• The right to assail the validity of an
information includes the right to
challenge:
◦ the legality or validity of the
proceeding; and
◦ the propriety of the prosecution on the
ground that the facts charged don't
constitute a violation of RA 3019 or a
provision in the RPC on Bribery.
Amendment of a Complaint/Information
• Amend means change, modify, alter,
correct, delete, or add allegations.
Who may amend/file for an amendment?
• It is only the prosecution who may file for
an amendment of a complaint or
information.
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Lectures by Dean Agranzamendez; AY 2017-2018
What are the 2 kinds of amendment?
1. Formal amendment, or amendment as to
form, such as the correction of the:
• name/s of the accused
• date of the commission of the
offense
• penalty that the court may impose
after trial
2. Substantial amendment, or amendment
as to substance, is when:
• the nature of the offense is changed;
• the jurisdiction of the court is
affected; or
• the defense of the accused under the
original information is no longer
available, such as:
• when Homicide is amended to
Murder, or Simple Seduction to
Qualified, or Acts of
Lasciviousness to Rape.
Leave of court
An amendment may be done:
1. with leave of court; or
2. without leave of court.
Leave of court means permission from the court.
The rules to follow depends on when the
amendment is to be made:
1. Before the plea:
(a) The information may be amended as
to form or substance without leave of
court.
(b) If the purpose is to downgrade the
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nature of the offense, or to exclude an increasing the penalty of the
accused from the complaint or accused.
information, the amendment must be:
(i) upon a motion of the prosecution Substitution of a Complaint/Information
(ii) with notice to the offended party • When it appears at any time before
(who has the right to oppose or judgment that a mistake has been made in
resist said motion); and charging the proper offense, and the court
(iii) with leave of court. cannot convict the accused of the crime
charged, then the court shall dismiss the
2. After the plea: original complaint/information, and allow
(a) The only amendment that can be made the filing of the new one charging the
is a formal one, and it must be with leave proper offense.
of court. • An example is when the an accused was
• This is to uphold the accused's charged with Theft but later on, when trial
right against double jeopardy. proceeded, the totality of evidence
• An example is when the showed that crime committed was
prosecution wants to add a actually Estafa. In a case like this, the
generic aggravating circumstance accused can neither be convicted of Theft
in a Homicide case. nor Estafa. The court cannot also just
• But when what is to be added is acquit him. The remedy, therefore, is
qualifying, like evident substitution, and the court must allow the
premeditation, such amendment filing of a new information that will now
is substantial as it will already charge the proper offense.
change the nature of the offense.
(b) If the amendment is by reason of a What are the differences between an amendment
supervening fact, it must be done with and a substitution?
leave of court. • In a subsequent amendment, there is a
• An example of this is when the likelihood that the right against double
offended party in a Frustrated jeopardy might be violated. In
Murder case dies during trial. The substitution, there is no way for said right
accused may now be found guilty to be violated.
of Murder.
Subsequent insanity of a rape Who may file an action in cases of seduction,
victim is another example. This abduction or acts of lascivousness?
will produce the effect of • Only the following may file the action:
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1. Offended party
2. Parents
3. Grandparents or legal guardian
4. State
What is the doctrine of parens patriae?
• In the crimes of seduction, abduction, or
acs of lasciviousness, if the offended
party dies or becomes incapacitated
before he/she could file an action, and he
has no known parents, grandparents or
legal guardians, then the State may file
the action on his/her behalf.
III. Rule 111: Prosecution of Civil Actions
there are two aspects, namely, the criminal and
the civil. When one of the exceptions above is
present, the case is entirely criminal.
The judgment is two-fold:
• (a) penalty for the offense
• (b) judgment with respect to the civil separately?
liability, like:
• loss of income
• moral damages
• hospital expenses
• loss of earning capacity
A person acquitted in a criminal case may still be
civilly liable.
• In what court?
◦ In the same court trying the criminal
case.
Are there instances where the law doesn't allow
the reservation of right to file a civil action
Yes, in the following cases:
1. violations of B.P. 22
2. criminal actions against public officers
What is the effect of the reservation of the civil
case in the prescriptive period of filing a case?
• The reservation will toll the prescriptive
period for filing the civil case.

Section 1 states that–
• When a criminal action is filed, the civil
action for the recovery of civil liability is
arising from the offense charged is
deemed instituted, subject to exceptions.
When is a civil action for the recovery of civil
liability arising from the offense not deemed
instituted upon filing of the criminal action?
The exceptions to the rule are:
1. when the offended party waives the
civil action;
2. when the offended party reserves the
right to file the civil action
separately; and
3. when the civil action is instituted
prior to the criminal action.
In a criminal action, there is just one case, but
Only the civil action for recovery of civil liability May the offended party file the civil action while
arising from the offense (delict or act/omission the criminal action is pending in court?
punishable by law) is deemed instituted. • No, he has to wait for final judgment to be
rendered in the criminal case.
All other civil actions (arising from law, contract,
quasi-contracts or quasi-delicts) aren't deemed Suppose the accused is acquitted in the criminal
instituted. case. May the offended party still file the civil
action reserved?
Reservation of the right to file civil action • Yes, notwithstanding the acquittal.
separately Moreso if the acquittal was based on
• Who may reserve the right to file the reasonable doubt.
action separately? • The same evidence (which failed to
satisfy the quantum of proof beyond
◦ The offended party.
reasonable doubt) may be sufficient to
• When?
◦ At any time before the prosecution satisfy the test of preponderance of
evidence.
starts presenting evidence, but always
under circumstances as would enable • Preponderance of evidence means
the offended party to make such “greater weight if evidence”.
reservation. ◦ Thou art weighed in the balances, but
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art found wanting. (Daniel 5:27) declaration of nullity of marriage is filed

◦ Tinimbang ka ngunit kulang. by a “second wife” and later on, a Two Kinds of Acquittal
criminal case charging Bigamy is filed by 1. Where the court rules that the accused is
What happens when pending civil action, a the first wife against the husband and the not the author of the crime – there is no
criminal action was instituted? second wife. On the part of the second civil liability.
• The civil action must be suspended at wife, there is a prejudicial question 2. Acquittal based on reasonable doubt – the
any stage it may be found, to await the because the validity of her marriage (the accused may still be civilly liable.
final judgment in the criminal case. resolution of the issue in the civil case)
will determine her guilt or innocence in Effect of the death of the accused
Is there an instance when it is the criminal the Bigamy case (criminal case). • In People vs. Bayotas, where the accused
action that is suspended and not the civil case? who was found guilty by the RTC and
• Yes, when the civil action is a prejudicial What will the court do? sentenced to pay damages, died while the
question. • The judge is only authorized to suspend case was on appeal/pending in the Court
the criminal action, and not permitted of Appeals, the Supreme Court ruled that
Prejudicial Question dismiss it outright on the ground of a not only the criminal liability was
• In order for there to be a prejudicial previously instituted civil action extinguished, but also the civil liability
action: constituting a prejudicial question. based on the delict.
(a) one case must be civil and the other • But where the accused who was charged
criminal4; and Motion to Suspend of violation of B.P. 22 was convicted and
(b) the civil case must be previously • Where to file: sentenced to pay the value of the check by
instituted. ◦ if pending preliminary investigation – the trial court, and thereafter, when the
• The requisites are: in the office conducting it case went on appeal and was pending, he
(a) that the previously instituted civil ◦ if case is filed in court – in court died, the Court held that only his criminal
action involves an issue that is similar to • When: at any time before the prosecution liability is extinguished. His civil liability
or intimately connected to the issue rests. cannot be extinguished because the civil
raised in the subsequent criminal case; • Who: the accused (the defense). liability is based on a contract.
and
(b) that the resolution of the issue will Does the extinction of the civil action carry with IV. Rule 112: Preliminary Investigation
determine the guilt or innocence of the it the extinction of the criminal?
accused in the criminal case. • No. Rule 111, Section 2, last paragraph. Definition: Section 1 states that–
• However, the civil action shall be deemed • Preliminary investigation is a proceeding
• An example is when a case for the extinguished if there is a pronouncement or inquiry to determine whether there is a
4 There can't be a prejudicial question when one case is in a final judgment of the criminal action reasonable ground to engender a well-
civil and the other is administrative, or one is that the act or omission from which the founded belief that a crime where the
administrative and the other criminal, or both are civil civil liability may arise did not exist. penalty is at 4 years, 2 months and 1 day,
cases.
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regardless of fine, has been committed,
and the respondent is probably guilty.
• Purpose: to determine the existence of
probable cause
• Probable cause means more likely than
not, the accused is guilty of the offense.
• A preliminary investigation is not an
occasion for a full display of evidence.
• The existence of probable cause may be
based on hearsay.
• The admissibility or inadmissibilty of
evidence is not an issue during the
preliminary investigation.
Who may conduct a preliminary investigation?
1. city/provincial prosecutor or their
assistants (Note: The city/provincial
prosecutors used to be called fiscals.)
2. national/state prosecutor
3. other officers as may be authorized by
law (e.g., Ombudsman, PCGG,
COMELEC)
What happens after a finding of probable
cause?
• The prosecutor will serve a subpoena to
the respondent directing him to file an
answer within 10 days from receipt of parte (without the respondent's participation)?
subpoena.
• The respondent shall file his counter-
affidavit, together with the supporting
evidence, such as affidavits of the
witnesses, documentary evidence, or
object evidence, if any.
• (Note: The plural form of subpoena is
subpoenae, pronounced as sub-pee-nee, investigation a ground for a Motion to Quash?
not sub-pee-na.) • No.
Stages/nomenclatures of a criminal What will the RTC judge do after an information
• citizen → after filing of complaint → was filed?
respondent → after filing of case against • Within 10 days from the filing of the
him → accused → if found guilty → information, the RTC judge shall
convict personally evaluate the resolution and the
supporting evidence.
Is the respondent entitled to a copy of the (a) If he finds probable cause, he shall
counter-affidavits of his co-respondents? issue a warrant of arrest.
• No. This will not violate his right to due (b) If the evidence on record fails to
process. establish probable cause, the judge shall
dismiss the case.
Suppose an offense required a preliminary (c) If there is a doubt as to the existence of
investigation, but none was conducted. An probable cause, the judge shall issue an
information was filed despite this. What is the order directing the prosecution to submit
accused's remedy? additional evidence within 5 days from
• He may file a motion asking the court to notice.
suspend the proceedings in the meantime ◦ (i) If the judge now finds probable
and direct the prosecution to conduct a cause, he shall issue a warrant of
preliminary investigation. arrest.
• If the accused enters his plea without ◦ (ii) If there's still no probable cause,
filing said motion, he waives his right to he shall dismiss the case.
the preliminary investigation.
What are the 2 kinds of determination of
May a preliminary investigation be conducted ex probable cause?
1. Executive determination
• Yes, in two instances: The officer who conducted the
1. if the respondent cannot be served preliminary investigation has the duty to
with a subpoena justify the filing of the information.
2. if the respondent is served a subpoena 2. Judicial determination
but he doesn't file a counter-affidavit The judge of the RTC has the duty to
determine if there is a basis for the
Is the irregularity in the preliminary issuance of a warrant of arrest.
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Lectures by Dean Agranzamendez; AY 2017-2018
(Note: Based on AM No. 15-06-10-SC dated
September 1, 2017, a “Motion for Judicial
Determination of Probable Cause” is now
prohibited.)
What if the case is filed with the MTC?
1. For offenses requiring preliminary
investigation (those with a penalty
within the bracket of 4 years, 2 months,
1 day to 6 years, the judge shall issue
warrant as in the RTC judge:
Within 10 days from the filing of the
information, the RTC judge shall personally
evaluate the resolution and the supporting
evidence.
(a) If he finds probable cause, he shall issue a
warrant of arrest.
(b) If the evidence on record fails to establish
probable cause, the judge shall dismiss the case.
(c) If there is a doubt as to the existence of
probable cause, the judge shall issue an order
directing the prosecution to submit additional
evidence within 5 days from notice.
(i) If the judge now finds probable cause, he Before a case may be filed in court, there must
shall issue a warrant of arrest.
(ii) If there's still no probable cause, he shall
dismiss the case.
2. For offenses not requiring preliminary
investigation, or those with a penalty
lower than 4 years, 2 months and 1 day:
(a) if the case goes to court by means of
an information, as in (1).
(b) if the case goes to court by means of
complaint, the MTC shall personally
examine the complaint and witnesses, in
writing, and under oath, by means of
searching questions, and:
(i) if there is probable cause and a
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necessity to place the accused in in writing and in the presence of
immediate custody of law, the judge shall counsel.
issue a warrant. 3. Information – filed in court
(ii) if there is probable cause and there is ◦ Within 5 days from the time he learns
no necessity to place the accused in of the filing of the information, the
immediate custody of the law, the judge accused may ask for a preliminary
shall issue a summons. investigation to be conducted.
(iii) if there is no probable cause, the ▪ The nature of this 5-day period is
judge shall dismiss the case. mandatory. If he fails to ask, he
waives his right to ask it.
Summons 4. Commitment Order – issued by the court
• In civil actions, this directs the respondent because the accused is already in jail
to file an answer. ◦ With this, the accused can now be
• In criminal actions, this may only be detained indefinitely unless he posts
issued in cases filed with the MTC where: bail.
1. preliminary investigation is not
required; and V. Rule 113: Arrest
2. probable cause is found but there is no
necessity of placing the accused under Defintion
immediate custody of the law. • It is the taking of a person in custody in
order that he may be bound to answer for
the commission of an offense.
be:
1. Inquest – an informal investigation by an What is the duty of the officer making the arrest?
inquest prosecutor to determine if there is • Section 3 states that it shall be the duty of
enough ground to commit the accused in the officer making the arrest to deliver the
jail and for the filing of the case in court. person to the nearest police station or
2. Before the information is filed, the city/municipal jail without unnecessary
accused can ask for a preliminary delay.
investigation, if none was conducted.
• The accused will waive Art. 125 of When may a person be validly arrested without a
RPC (Delay in the Delivery of warrant?
Persons Detained), so that he may Section 5 states that a peace officer or private
now be detained indefinitely. person may arrest without warrant:
• To be an effective waiver, it must be 1. when in his presence, the person to be
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
arrested:
(a) has committed an offense;
(b) is actually committing an offense; or
(c) attempting to commit an offense.
2. When an offense has just been
committed and he has probable cause to
believe based on personal knowledge of
facts and circumstances that the person
to be arrested has committed it.
3. When the person to be arrested is a
prisoner who has escaped:
(a) from a penal establishment or place
where he is serving final judgment;
(b) from a place where he is temporarily
confined while his case is pending;
or
(c) while he is being transferred from
one confinement to another.
4. In cases of “hot pursuit”.
What happens when a person is validly arrested
without a warrant?
• He will be brought to the nearest
city/municipal jail.
For how long can the accused be kept in jail?
• For an offense that requires a
preliminary investigation, he can't be In what form may bail be given?
detained for more than 36 hours. (Translation: What are the kinds of bail?)
Otherwise, the officer would be liable
for Delay in the Delivery of a detained
person, or Arbitrary Detention.
What is the remedy of a person claiming that his
arrest and detention are illegal?
It depends on whether a case has been filed in
court:
1. If no case has yet been filed against him
in relation to that for which he was
arrested, the remedy if a Petition for
Habeas Corpus.
2. If a case has already been filed, he can
file a Motion to Quash on the ground that
the court has no jurisdiction over his
person.
What is the lifetime of a warrant of arrest?
• A warrant will remain valid until it is
served or lifted.
VI. Rule 114: Bail
Definition
• Section 1 states that it is the secutiry
given for the release f a person who is in
custody of the law, to guarantee his
appearance in court whenever required by
the court or the Rules of Court.
• Note: Custody of the law means actual
custody of the person accused, i.e.,
detention.
1. Cash deposit
• The accused or any person in his
behalf posts bail in cash. After
depositing the amount required in
court, a receipt will be issued.
• The accused may file a Motion to When is bail neither a matter of right or
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Reduce Bail.
• If acquitted, the accused gets back
what he deposited.
2. Property bond
• Any property owner can post bail for
the accused.
• If the assessed value is equal to or
more than the amount of bail, it can be
used to post bail.
3. Corporate surety
• The bonding company will post bail
for the accused. The accused will pay
the bonding company.
4. Recognizance
• It is a written undertaking to appear in
court.
When is bail a matter of right?
1. Before or after the judgment of conviction
by the MTC.
2. Before the judgment of conviction by the
RTC of an offense not punishable by
death, reclusion perpetua, or life
imprisonment.
3. Before the judgment of conviction by the
RTC of an offense punishable by death,
reclusion perpetua or life imprisonment
but the evidence of guilt is not strong.
When is bail a matter of discretion?
• After judgment of conviction by the RTC
of an offense not punishable by death,
reclusion perpetua, or life imprisonment.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
discretion?
1. Before judgment of conviction by the
RTC of an offense punishable by death,
reclusion perpetua or life imprisonment,
and the evidence of guilt is strong.
2. After judgment of conviction by the
RTC of an offense punishable by death,
reclusion perpetua or life imprisonment.
3. After judgment of conviction by the
RTC and the penalty imposed is
imprisonment exceeding 6 years but less
than death, reclusion perpetua or life
imprisonment, and any of the following
bail-negating circumstances is present:
(a) The accused is a recidivist, quasi-
recidivist, habitual delinquent, or he
has committed an offense with the
aggravating circumstance of
reiteration;
(b) The accused committed the offense
while on parole, probation, or
conditional pardon;
(c) The accused evaded service of
sentence, escaped legal confinement,
or violated the conditions of his bail
without valid justification;
(d) There is undue risk that he will
commit another crime during the
pendency of his appeal; or
(e) There is probability of flight.
4. After the finality of judgment of
conviction.
• The accused cannot post bail
anymore and can only apply for
probation.
• Promulgation of judgment becomes
final after 15 days (period of taking
up an appeal) or after the filing of
an application for probation.
• Appeal and probation are mutually
exclusive remedies, such that if you
appeal, you cannot file an
application for probation and vice
versa.
• Note: One can file an application for
probation if the penalty doesn't
exceed 6 years imprisonment.
RA 10707
If the accused was sentenced to a non-
probationable penalty (more than 6 years), and he
appeals from the judgment, and on appeal, the
penallty is reduced to a probationable period,
then the accused may file an application for
probation with the court of origin at any time
before the judgment becomes final.
Y was charged with Murder. No bail was
recommended. What is the remedy of Y?
• Y May file a Motion for Bail.
Bail Hearing
• The motion will be set for summary
hearing of which the prosecution will
present evidence to prove that the
evidence of guilt is strong.
• The accused may or may not present
evidence.
• When the hearing is over, and the motion
is submitted to the court for resolution,
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the court will summarize the evidence and
make a conclusion as to whether the
evidence of guilt is strong or not.
• The court has 48 hours to resolve the
motion.
• If the evidence of guilt is not strong, bail
becomes a matter of right. But if the
evidence is strong, bail becomes neither a
matter of right or discretion. Bail will be
denied.
Recognizance
When may a person be released on
recognizance?
1. Light offenses
2. The accused has been detained for a
period equal to or greater than the
minimum imposable penalty, regardless of
the Indeterminate Sentence Law
3. youthful offender (over 15, under 18,
acted with discernment)
4. the accused files for probation
5. the accused is qualified under RA 10389
or the Recognizance Act of 2012
RA 10389
• Recognizance is a matter of right in all
offenses not punishable by death,
reclusion perpetua, or life imprisonment.
• Can it apply to Homicide? Yeah, man.
Because Homicide is punishable by
reclusion temporal.
• There must be a written application to be
released on recognizance.
• The accused must file it in the court where
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
the case is pending.
• He must support his application with the
following: SCAN
1. He must execute a sworn declaration
that he is an indigent.
2. There must be a certification issued
by the head of a local social welfare
agency of the city or municipality
where the accused actually resides,
that the accused is an indigent.
3. The accused should've been already
arraigned.
4. The court must give notice about the
application by the accused to the
Sanggunian of the city or
municipality where the accused
actually resides.
• Such notice will be taken up in a
regular or special session, and
must be approved in the form of
a Resolution.
In what court may bail be filed?
Note: If you are a millionaire, you cannot file
for Recognizance.
Is there an instance where even if the accused
has complied with all the requirements, his
application will still not be acted upon
favorably?
• Yes. Because it is not enough that he
shows that he has all the qualifications.
He must also show that he doesn't have
any of the disqualifications:
1. The accused made an untruthful
statement in his sworn declaration;
2. The accused is a recidivist, quasi-
recidivist, habitual delinquent, or he
has committed an offense with the
aggravating circumstance of
reiteration;
3. The accused committed the offense
while on parole, probation, or
conditional pardon;
4. The accused evaded service of
sentence, escaped legal confinement,
or violated the conditions of his bail
without valid justification;
5. There is undue risk that he will
commit another crime during the
pendency of his appeal;
6. There is probability of flight; or
7. The accused has a pending case in
which the penalty is equal to or
greater than the penalty for the
present offense.
1. a. In the court where the case is pending;
b. but if the judge of that court is absent
or unavailable, bail may be filed in the
RTC or MTC of the same place; or
c. If the accused is arrested in a place
other than where it was filed, then bail
may be filed in the RTC of that place, and
if there is no RTC, in the MTC of the May an extraditee be released on bail?
same place.
2. If the bail is a matter of discretion, or the
accused desires to be released on
recognizance, the application therefor
may only be filed with the court where
the case is pending, and not in any other
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court.
3. If the accused has been convicted by the
RTC and bail is a matter of discretion, the
application for bail may be filed with the
same RTC notwithstanding that a notice
of appeal has already been filed (meaning,
the said RTC has already lost jurisdiction
over the case), provided that the record of
the case has not yet been transmitted to
the appellate court. Otherwise, it should
be filed with the CA
4. If the judgment of conviction by the RTC
changed the nature of the offense from
non-bailable to bailable, the application
for bail may only be filed with, and be
acted upon by, the appellate court.
• Note: Where the nature of the offense
is changed from bailable to non-
bailable, the question is wrong
because this cannot happen (such
judgment is void for violating the right
of the accused to be informed of the
nature and cause of the accusation
against him).
5. Any person in custody but who hasn't
been charged yet in any court may apply
for bail in any court of the province, city,
or municipality where he is held.
• Yes, if he can show by clear and
convincing evidence that:
1. he is not a danger to the community;
and
2. he is not a flight risk.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
Conditions of Bail
1. Once approved, bail shall remain in
effect at all stages of the proceedings,
unless sooner cancelled (e.g. the accused
jumps bail), until the promulgation of
judgment by the RTC, whether the case
has been originally filed in or appealed
to it.
2. The accused must appear in court
whenever required by the court (e.g., for
in-court identification) or the Rules of
Court (e.g., in arraignment).
Note: The identity of the accused, How may bail be cancelled?
like the crime itself, must be proved
beyond reasonable doubt.
3. The failure of the accused to appear in
court on the dates in which he had notice
will constitute a his waiver of his right to
appear, and he may be tried in absentia.
4. The accused must surrender himself to
the court for the execution of a final
judgment of conviction.
Suppose an accused is required in court.
Notwithstanding notice, he failed to appear, and
such failure was unjustified. What will the court
do?
• The court wiill issue an order declaring
his bond forfeited – Order of Forfeiture:
◦ This will require the bondsmen,
within 30 days from receipt of the
order to:
1. produce the body of the accused
in court;
2. explain why the accused failed to
appear in court the first time he
was required to do so; and
3. show cause why no final judgment
shall be rendered against them for
the amount of bail.
• If the bondsmen failt to do any, some,
or all of the aforementioned, the court
will issue an order declaring the bond
confiscated, in favor of the
government – Order of Confiscation.
◦ This is an interlocutory order.
• Bail may be cancelled wehether by
application or automatically.
1. By application means upon a motion
for cancellation, in the following
instances:
(a) upon the surrender of the accused
to the court; or the bondsmen will
file an application for
cancellation; or
(b) upon proof of death of the
accused.
2. Automatic cancellation happens:
(a) upon the dismissal of the case;
(b) upon the acquittal of the accused;
(c) upon the execution of a final
judgment of conviction.
VII. Rule 115: Rights of the Accused
• A person accused of a crime has so many
rights, but a victim has none, except the
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right to become part of the statistic.
Right to be presumed innocent
• The accused has no duty to prove his
innocence. It is the duty of the prosecution
to prove his guilt.
• The burden of proof (of the guilt of the
accused) is always on the prosecution.
What is the equipoise rule?
• When the evidence is capable of two
interpretations—one pointing to the
innocence of the accused and the other his
guilt—then the burden of proof beyond
reasonable doubt has not been satisfied,
therefore the accused must be acquitted.
• If the glove doesn't fit, you must acquit.
Right to be informed of the nature and cause of
the allegations against him
• This is accomplished by arraignment,
where the complaint or information will
be read to him in a language or dialect
that he understands.
• The complaint or information must be
sufficient to comply with this right.
• Violation of this right will result to
acquittal.
Examples:
1. The charge is Rape. During trial, what
was proven was Seduction. May the
accused be convicted of Seduction?
No. The two offenses do not have
common elements; Seduction is not
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
included in Rape.
2. The charge was Murder. Homicide was
proven.
This time, the accused may be convicted
of Homicide, because Murder includes
this offense.
3. The charge is “Rape through force,
violence and intimidation”. In trial, the
prosecution proved “Rape committed
while the woman was unconscious”.
The accused cannot be convicted of the
latter because such was not the charge. If
the prosecution intended to charge him
of this, then it would've said so in the
information. The prosecution has all the
facilities to determine what crime is
committed.
Right to not be compelled to be a witness
against oneself
• This right can be used interchangeably
with “right against self-incrimination”,
but strictly speaking, they are not the
same.
• The former includes the latter, but the
latter may or may not include the former.
• An accused may refuse to testify against
himself. But a witness cannot invoke the
same right when asked to testify against
the accused. The witness has the right
against self-incrimination, which he can
invoke only if the question asked is
incriminatory.
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• A witness can be compelled to testify arraignment to promulgation of
except: juddgment
1. if the witness is the wife of the
accused—she cannot be When the accused is notified of the trial date but
compelled to testify without the despite notice, he fails to appear on that day, may
consent of the party spouse he be tried in abentia?
2. when parent-filial privilege • Yes.
applies:
• No person can be compelled to Examples:
testify against a parent or other 1. PP vs. A – The accused was out on bail.
direct ascendants, or against Trial was set on July 16. However, it was
his child ot other direct not finished, so it was reset to another
descendants. date (August 15), but the accused did not
• Exceptions: A child may be have notice of this date. May he be tried
compelled if his testimony is in absentia?
indispensable in the crime • No. The accused may only be tried in
commited by his parent absentia if he had notice of the trial
against said child, or by one date.
parent against the other parent 2. PP vs. X – The accused X was a detention
(Family Code) prisoner. He was notified of the trial date
on July 16. On July 14, two days before
May an accused be compelled to be a witness trial, he escaped from detention. Can X be
against himself? tried in abssentia?
• No, he cannot be compelled, but if he • Yes, because he had notice of the trial
wants to, he can testify as his own date.
witness, subject to cross-examination on
matters covered by direct examination. Suppose the trial was not finished on that date as
the prosecution still had other witnesses to
How about a witness? present, and the case was reset on August 15.
• If the witness is not the accused, he may Can X be tried in absentia on August 15?
be questioned on all matters relevant to • Yes, notwithstanding the lack of
the issue. notice. Being a detention prisoner who
escaped, he may be tried in absentia
Right to be present at all stages on all the dates, regardless of whether
• All stages of the proceedings – from he had notice or not.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
VIII. Rule 116: Arraignment & Plea
Definition
• It is the formal mode of implementing
the constitutional right of the accused to
be informed of the nature and cause of
the accusation against him.
Both arraigmment and plea shall be made of
record but failure to do so will not affect the
validity of the proceedings.
What are the two components of arraignment?
1. The reading of the complaint ot
information; and
2. The enter of plea by the accused.
At this stage, the accused is a passive
subject.
Reading of the complaint or information
• The complaint or information must be
read to the accused in a language or
dialect he understands.
May the reading of the complaint or
information be waived?
• No, except in two instances:
1. In multiple cases (charges), the
accused may waive the reading, but
the waiver must be express, in
writing, and with his and his Enter of Plea
counsel's consent.
• The court must satisfy itself that
the accused understands the
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consequences of his waiver. that doesn't apply here.
• AM No. 15-06-10-SC (2017)
requires that such waiver must be Are there instances where the court will be the
recorded in the minutes of the one to enter a plea of not guilty for the accused?
case, and in the Certificate of Yes. The accused must personally make his plea,
Arraignment and Order of but the court may enter a plea for him it in the
Arraignment. following instances:
2. In criminal cases involving violations of 1. If the accused refuses to enter a plea
an environmental law, if the accused will Note: This refusal doesn't necessarily mean lack
post bail: of respect for the court or the law. The accused
◦ the judge of that court will read the may be doing this in order to preserve a right to
complaint/information to him in a question a certain procedure (e.g., lack of
language he understands, and the preliminary investigation) or pursue a remedy
accused will sign an undertaking to which he cannot use if he pleads.
appear in court for arraignment, that 2. If the accused enters a conditional plea of
he understands the allegations against guilty
him, that he commits himsellf to Note: A conditional plea of guilty is void. If the
appear, and that if he fails to appear, accused insists, the court will enter a plea of not
he waives the reading of the guilty for him.
complaint/information, and authorizes 3. If the accused pleads guilty but presents
the court ro enter a plea of not guilty exculpatory evidence
for him. Note: For instance, when the accused invokes the
mitigating circumstance of incomplete self-
May the accused be arraigned in absentia? defense to reduce his penalty, the court will
• No, except in a criminal case involving a consider his plea of guilty withdrawn and enter a
violation of an environmental law (e.g., plea of not guilty for him.
PD 705). If he fails to appear, he waives 4. In criminal cases involving violation of an
the reading of the complaint or environmental law if the accused posts
information, and authorizes the court ro bail
enter a plea of not guilty for him.
How is arraignment done/made?
1. In open court where the complaint or
• The accused will personally plead information has been filed or assigned for
“guilty” or “not guilty” to the charge. trial;
• In the US, they also say “no contest” but 2. by the judge or the clerk of court;
3. the judge or clerk furnishes the accused
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
with a copy of the complaint or
information;
4. the judge or clerk of court reads the
complaint or information in a language
or dialect the accused knows and
understands; and
5. the accused is asked whether he pleads
guity or nor guilty.
When is arraignment made/held?
• Arraigment must be held within 30 days
from the date acquires juristiction over
the person of the accused, unless a
shorter period is provided by special law
or Supreme Court circular, like in the
following instances:
1. when the accused is under preventive
detention, he shall be arraigned within
10 days from receipt by the judge of the
records of the case (Sec 1 par e, Rule
116)
2. when the offended party in a acriminal
case is about to depart from the
Philippines with no definite date of
return, the case should take precedence
over all other cases (except election and
habeas corpus cases), the accused must
be arraigned without delay (RA 4908);
3. cases under the Child Abuse Act (RA
7610);
4. drug-related cases (RA 9165); and
5. cases under SC AO 104-96; those
involving heinous crimes, violations of
the Intellectual Property Rights Law, and
libel cases.
Is the offended party always required to appear
at the arraignment?
No. The Rules of Court requires a private
offended party to appear for the following
purposes:
1. plea bargaining;
Note: This should always be done with the
consent of the accused and his counsel. However,
if the accused fails to make an appearance despite
due notice, the court may allow the accused to
plead to a lesser offense necessarily included in
the charge with the consent of the prosecution
alone.
2. determination of civil liability; and
3. other matters requiring his presence.
Plea Bargaining
• To plea bargain means to plead guilty to a
lesser offense which is necessarily
included in the crime charged.
• In one case, it has been held that it could
also mean to plead guilty to one or some
of the counts in a multi-count charge.
Is plea bargaining allowed for offenses penalized
by RA 9165 (Dangerous Drugs Act)?
• Section 23 of RA9165 prohibits plea
bargaining in drug-related cases.
However, in Salvador Estipona vs. Frank
Rodrigo, et al. (August 2017), said
section was declared unconstitutional as it
violates the rule-making power of the
Supreme Court. Thus, plea bargaining in
cases involving violations of RA 9165 is 5 A counsel de oficio is a membr of the Bar in good
now allowed.
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What are the rules in plea bargaining?
1. It must be done with the consent of both
the offended party and the prosecution.
But when the offended party failes to
appear in court despite due notice to him,
the court may allow plea bargaining with
the consent of the prosecution alone.
2. It must be done at the arraignment.
3. It may also be allowed after arraignment
but before trial. The accused must
withdraw his plea of not guilty.
4. No amendment of the complaint or
information is necessary.
Before arraignment, what are the options of the
accused?
1. He may file a Motion for a Bill of
Particulars, to enable him to properly
plead and prepare for trial. The motion
shall specify the alleged defects of the
complaint or information, and the details
desired (Section 9).
2. When the court has appointed a counsel
de oficio5 to defend him, said counsel
must be given reasonable time with the
accused so as to discuss his plea, before
proceeding with arraigment.
3. Suspension of the arraignment may be
allowed in the following cases, and upon
the motion by the proper party (Section
11):
(a) when the accused appears to be
standing who, by reason of experience and skill can
competently defend the accused.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
suffering from unsound mental
condition which effectively renders
him unable to fully understand the
charge against him and plead
intelligently thereto;
(b) when a prejudicial question exists;
(c) when a petition for review of the
resolution of the prosecutor is
pending before the DOJ or the Office
of the President, but the suspension
must not exceed 60 days from the
filing of the petition with the
reviewing office.
4. The accused may challenge the vallidity
of the arrest or the legallity of the warrat
issued, or assail the regularity of the
preliminary investigation. (Otherwise, he
is deemed to have waived these
objections after enter of plea.)
5. The accused may file a Motion to Quash
at any time before the enter of plea.
After conviction, the accused-appellant assailed
the judgment, claiming that he was not properly
arraigned, and thus, his rights were violated. It
turned out that he was only arraigned after the
case had already been submitted for decision.
Were the rights of the accused violated?
• In the case of People vs. Pangilinan, the
Court held that the rights of the accused
were not prejudiced. The absence of the
arraignment was cured because no
protest was made when he was
subsequently arraigned, and the record
of the case showed that he actvely
participated in the hearings conducted.
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In what instances may an arraigment made after final, the court may permit an improvident
the prosecution had already rested its case be plea to be withdrawn and be substituted
considered cured? with a plea of not guilty.
1. When the accused fails to object on the • Note: Judgment becomes final 15 days
ground of lack of arraignment during trial after promulgation.
2. When the counsel of the accused had full ◦ AM 15-06-10-SC: In non-capital
opportunity to cross-examine the offenses, where the accused pleads
witnesses of the prosecution guilty, judgment will be promulgated
The accused cannot properly invoke violated of on the same day he pleads guilty.
due process in those instances. • In the case of People vs. Derilo, the Court
held that a judgment of conviction may be
Plea of Guilty set aside if the plea of guilty was the sole
• It is an unconditional admission of guilt, basis of such judgment. But the Court
made: may validly convict the accused if there is
1. freely; adequate evidence of guilt, independent of
2. voluntarily; the plea itself.
3. with full knowledge of the • The withdrawal of the plea is not a matter
consequences of his admission; of right of the accused, but a matter of
and sound discretion of the trial court.
4. with a clear understanding of the
precise nature of the crime Example:
charged in the complaint or PP vs X & Y – The two accused men were
information. charged with Homicide. X pleaded not guilty. Y
• It must be of such nature as to foreclosepleaded guilty. They were represented by to
the defendant's right to defend himself
different attorneys. Trial was conducted as to X.
from said charge, leaving the court noX presented evidence showing that the killing was
alternative but to impose the penalty fied
justified, proving self-defense on the part of both
by law. X and Y. Should the court convict Y?
• No. The court should consider the plea of
Improvident plea of guilty guilty of Y withdrawn, and enter a plea of
• It is a plea of guilty based upon a not guilty for him.
mistaken assumpption ora misleading
information or advice. In capital offenses, where the accused pleads
• Under Section 5, Rule 116 states that at guilty, what should the court do?
any time before the judgment becomes The court has the following duties:
Criminal ProcedureNotes
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1. Conduct a searching inquiry into the
voluntariness and full comprehension of
the consequences of his plea.
2. Require the prosecution to prove the
accused‘s guilt and the precise degree of
his culpability. (The prosecution is not
automatically relieved of this burden.)
3. Allow the accused to present evidence in
his behalf, if he so desires.
IX. Rule 117: Motion to Quash
Definition
• A motion to quash is a special pleading
filed by the accused before entering his
plea, which hypothetically admits the
truth of the facts in the ccomplaint ot
information, and sets up a matter which,
if proven, would preclude further
proceedings.
• A Motion to Quash is a hypothetical
admission of the facts alleged in the
information. The court, in resolving the
motion, cannot consider facts contrary to
those alleged in the information or which
do not appear on the face of the
information, except those admitted by
the prosecution.
When may a motion to quash be filed?
• Section 1 states that the accused may
move to quash the complaint or
information at any time before entering
his plea.
prosecutor, or the Ombudsman or his deputy, as
What are the requisites of a valid motion to the case may be.
quash?
Section 2 prescribes the form and contentsof a
motion to quash, to wit:
1. It must be in writing.
2. It must be signed by the accused or
his counsel.
3. It must distinctly specify the factual
and legal grounds.
Note: the court will only consider the grounds
stated in the motion filed. But Section 2 also
states one exception—lack of jurisdiction over
the offense charged. Thus, the court may consider
this ground even if it is not stated in the motion.
What are the grounds?
Section 3 enumerates the nine grounds for the
quashal of a complaint or information:
FJJOCMELD
1. that the facts charged do not constitute an
offense;
2. that the court trying the case has no
jurisdiction over the offense charged;
3. that the court trying the case has no
jurisdiction over the person of the
accused;
4. that the officer who filed the information
had no authority to do so;
Note: Section 4, Rule 112 requires that for a
complaint or information to be valid, the
investigating prosecutor who files it must have a
prior written authority or approval of the
provincial or city prosecutor, or chief state
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• People vs Garfin (2004): Without the
approval of the city/provincial
prosecutor, the information is void.
Hence, the court never acquired
jurisdiction. This defect cannot be
cured even by the silence of the
accused—he may invoke this ground
at any time.
• Quisay vs People (2016): There must
be a showing that there was a prior
approval of the city/provincial
prosecutor. Merely stating such fact in
a certification, especially one that is
self-serving, is not good enough.
5. that it does not conform substantially to
the prescribed form;
6. that more than one offense is charged,
except when a single punishment for
various offenses is prescribed by law;
• Note: This is also called
“duplicitous” or “multiplicitous”
charge.
7. that the criminal action or liability has
been extinguished;
• Note: Criminal liability is totally
extinguised by:
(a) death of the convict
(b) service of sentence
(c) amnesty
(d) absolute pardon
(e) prescription of the crime
(f) prescription of the penalty
(g) marriage of the offended
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
woman in applicable cases
under Article 344 of the RPC.
8. that it contains averrments which, if true,
would constitute a legal excuse or
justification; and
• Note: Only exempting
circumstances constitute a legal
excuse. Justifying factors, like
self-defense, must be proven.
9. double jeopardy.
• Note: There is double jeopardy when
the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or terminated without his
express consent.
Can there be other grounds?
• No. The grounds for a motion to quash is
sui generis or a class of its own. No
other grounds may be considered by the
court except for the nine grounds
enumerated in Section 3, Rule 117.
• People vs. Yutila: Lack of preliminary
investigation is not a valid ground for a
motion to quash, not only because it is
not in Section 3, Rule 117, but because it
does not impair the validity of the
information or render it defective. It also
doesn't affect the jurisdiction of the court
over the case.
What is the effect of a failure to move to quash
or allege any ground?
• Section 9 states that if the accused fails
to file a motion to quash or fails to allege
any of the grounds before the enter of his
plea, such failure shall be deemed a
waiver of such grounds.
• What are the exceptions? May a motion
to quash still be filed after plea?
• Only on the following grounds:
1. the facts charged do not constitute
an offense;
2. lack of jurisdiction over the
offense charged;
3. the action or liability has been
extinguished; and
4. double jeopardy.
When is there double jeopardy?
1. A previous case must've been filed and:
(a) the complaint or information was
sufficient in form and substance to
sustain conviction;
(b) the court had jurisdiction;
(c) there was valid arraigment and the
accused entered a plea;
(d) there was a final judgment of
acquittal, conviction, or dismissal
without his express consent.
2. Then a subsequent complaint or
information was filed containing a charge
of:
(a) the same offense;
(b) an attempt or frustration of the first
offense; or
(c) an offense which necessarily includes
the first offense, or is necessarily
included in the first offense
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If the motion to quash is denied, what are the
remedies of the accused?
1. The accused may enter a plea and go to
trial.
2. If convicted, he may appeal, assigning as
error the denial of the motion to quash.
If the motion is granted, what are the remedies of
the prosecution?
1. If the defect of the complaint or
information can be cured by amendment,
the court may order such amendment to
be made. The court should not dismiss the
case; it should allow the proseccution a
reasonable opportunity to amend the
information.
Note: If the prosecution refuses to make
the amendment, or makes it but despite
such amendment, the defect still remains,
the court will now dismiss the case.
Grounds: FCML
(a) that the facts charged do not
constitute an offense
(b) that the information doesn't
conform substantially to the form
prescribed
(c) that more than one offense was
charged
(d) that the information contains
averments which, if proven,
constitute a legal excuse or
justification
2. Refile the complaint ot information.
Ground: that the court does not have
jurisdiction over the offense
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
3. Appeal from the order of dismissal or
grant of the motion to quash.
Grounds:
• that the criminal action or liability
has been extinguished; or
• double jeopardy.
Is the order granting the motion appealable?
• Yes, because the order is a final order,
and not merely an interlocutory one. The
accused cannot invoke double jeopardy
because he has not been arraigned yet,
and the dismissal was upon his motion.
Is the order denying a motion to quash
appealable?
• No. This time, such order is an
interlocutory order and therefore not
appealable. The accused should now
plead to the charge, go to trial, and if
convicted, appeal in the manner
prescribed by the Rules.
May the court or judge initiate a motion to
quash?
• No. The rules do not authorize the judge
to motu proprio dismiss a case, except
on the ground of lack of jurisdiction. The
rules categorically state that it is only the
accused who may initiate or file a
motion to quash.
• People vs. Nitafan (1999): The judge
was wrong when he initiated the
dismissal of the case by ordering the
prosecution to “show cause” why the
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informations against the accused should while a provisional dismissal may be
not be dismissed on the ground of double done at any time.
jeopardy, despite the fact that the accused
has not filed any motion yet. When may there be a provisional dismissal?
Section 8 states that there must be:
1. express consent6 of the accused, which
Provisional Dismissal must be shown in the record of the case;
• Provisional means “temporary” or 2. notice to the offended party.
“ephemeral”. 3. Order of the court dismissing the case, a
• Provisional dismissal is not tantamount to copy of which must be served tot he
an acquittal. prosecution.
• Despite being under Rule 117, it also not
tantamount to quashal. When does an Order of Dismissal become
permanent?
Motion to Quash vs Provisional Dismissal Section 8 further states that the dismissal
The distinctions between a Motion to Quash and becomes permanent:
Provisional Dismissal are: 1. one year after the issuance of the Order, if
1. As to who initiates: A motion to quash the offense is punishable by imprisonment
is filed by the accused, while a motion not exceeding 6 years or a fine of any
of provisional dismissal is initiated by amount, or both, without the case being
the prosecution, or the accused, or revived; or
both acting jointly. 2. two years after the issuance of the Order,
2. As to the form: A motion to quash of the offense if punishable by
must be in writing and signed by the imprisonment of more than 6 years,
accused or his counsel, while a without the case having been revived.
motion for provisional dismissal may
be in any form—written, oral, or Note: In civil cases, the rough equivalent of a
partially written and partially oral. provisional dismissal is a dismissal of a civil
3. As to the grounds: A motion to quash complaint without prejudice. This dismissal is not
may only be filed based on the final, hence, it can be refiled. In criminal cases,
grounds under Rule 117, while a the lapse of the stated periods (above) time-bars
provisional dismissal may be based on the revival (not refiling) of the cases.
any reason, or on no reason at all.
4. As to when to initiate: A motion to 6 Express consent means positive, direct, and unequivocal
quash is filed before the enter of plea, consent, where no further inference is required to supply
meaning.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
X. Rule 118: Pretrial
 In civil and criminal cases, pretrial is
mandatory. It cannot be dispensed with.
 Usually after arraignment, the case will
be reset to another date for pretrial. They
are held on different dates.
 But if the accused doesn’t plead guilty to
the offense charged, or to a lesser
offense included in the offense charged,
then pretrial will be held on the same
day immediately after the arraignment.
 If the accused pleads guilty, there will be
no pretrial on the same day. There will
be a promulgation of judgment.
 If the accused pleads guilty to a capital
offense, the court has the following
duties:
a. To conduct a searching inquiry;
b. To require the prosecution to
prove the guilty of the accused;
and
c. To allow the accused to present
evidence in his behalf, if he
wants to.
What are the purposes of pretrial?
PSM-WMS
1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of
the parties
4. Waiver of objections to the admissibility
of evidence
5. Modification of the order of trial if the
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accused admits to the charge but accused and counsel, the case will be set
interposes a lawful defense aside and the accused may be acquitted.
6. Such matters as will promote a fair and  When the admission pertains to a
expeditious trial of the criminal and civil qualifying circumstance that increases the
aspects of the case penalty to death, such admission must be
proven by the prosecution
Stipulation of facts notwithstanding the admission.
 The judge must be active in getting the
parties to stipulate on facts. When pretrial is over and the case is set for trial,
 These facts need not be proven anymore and in the course of the trial, the accused made
because they have already been admitted. certain admissions not reduced into writing and
signed by the accused and counsel, and the
 The general rule is: Prove what you have accused is convicted on the basis of the
alleged. But there are matters that don’t admissions made, is the rule on pretrial
need evidence, namely: applicable?
1. Those matters that the court can take  No. The form required under Section 2 of
judicial notice of (e.g., political Rule 118 is only required in admissions
boundaries, time); made during pretrial.
2. Those matters that are judicially
admitted; and Marking of evidence
3. Those matters that are presumed.  You need evidentiary facts (factum
probads) to prove the ultimate facts
 Judicial admissions are made by a party (factum probandum)
to a case in the course of the proceedings  Marking of evidence is not equivalent to
in the same case. These don’t need offer of evidence. What you so at pretrial
evidence. is simply to mark. Any attempt to offer is
 During pretrial, no agreements or void.
admissions made or entered therein can
be used against the accused unless: What is a reversed trial?
a. reduced in writing; and  In a criminal case, if the accused admits to
b. signed by the accused and the charge but interposes a lawful defense,
counsel. then there would be a reversed trial.
 When the accused has been convicted  Note: Self-defense partakes the nature of a
based on admissions made which were confession and avoidance of liability.
not reduced in writing and signed by the
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
Is the presence of the parties required?
 No. During pretrial, both the offended
party and the accused can be absent,
provided that the prosecutor and the
counsel of the accused (defending
counsel) are present.
Pretrial Order
 After pretrial, the court will issue a
Pretrial Order containing:
1. The actions taken;
2. The facts stipulated; and
3. The evidence marked.
 Once issued, the Pretrial Order shall
control the course of the proceedings.
The trial will be limited to the issues
mentioned in the Order
Mediation
 After pretrial, if the civil aspect of the
case is mediatable, it will be referred to
the Philippine Mediation Center. This
applies to cases of estafa, simple theft,
quasi-offenses, reckless imprudence, etc.
 All civil cases are mediatable.
 This is called court-annexed mediation.
XI. Rule 119: Trial
Order of trial
1. The prosecution will be the first to
present evidence. It will call witnesses to
testify. It is up to the prosecution to
decide on the number of witnesses.
2. The accused may or may not present
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evidence. Gen San.
• Note: The prosecution must present o There are two ways to take a
evidence in order to fulfill its duty to deposition:
prove the accused’s guilt beyond 1. By means of an oral
reasonable doubt. The accused is not examination; or
required to present evidence. 2. By means of written
3. If the accused presents evidence, the interrogatories.
prosecution may present rebuttal  In criminal cases, the remedy is to take his
evidence. conditional examination. This applies
The accused then may or may not present whether W is a defense or prosecution
surrebuttal. These are optional. witness.
4. The court may also order for the
submission of memorandum or hear oral Is there a difference between taking the
arguments, in the proper cases. conditional examination of a prosecution witness
5. Upon admission of evidence, the case and that of a defense witness?
shall be deemed submitted for decision.  Yes. If the witness is a prosecution
6. Then, there shall be promulgation of witness, his conditional examination may
judgment. be taken before the court where the case is
pending.
Rule when the witness is not able to testify:  But if he is a defense witness, his
Suppose the prosecution or the defense has a conditional examination may be taken
witness but the witness is about to depart the before (a) a judge; or (b) a member of the
Philippines without a fixed date of return, or Bar in good standing.
lives more than 100km from the place of trial, or
is otherwise unable to testify due to infirmities. Discharge7 of an accused to be utilized as a state
What is the remedy of the prosecution/defense? witness
 Segway note: In civil cases, the remedy  This is governed by Rule 119 of the Rules
would be to take the deposition of the of Court.
witness. Such that if a case is pending in  The order discharging him operates as an
Baguio City and a material witness acquittal.
resides in General Santos City, such Admission into the Witness Protection Program
witness cannot be compelled to testify by  This is governed by RA 6982.
means of a subpoena because he has a  The effect is also acquittal.
viatory (not sure) right. The way to do it
is to take the deposition of the witness in 7 Discharge means to remove, to exclude or to drop the
accused.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
What are the requisites in order for an accused
to be discharged so that he would be utilized as
a state witness?
1. There must be a case filed against
several accused.
2. The prosecution must file a motion in
court, asking for the discharge of one or
some of the accused, before it rests its
case.
3. The motion must be set for hearing.
There will be a date set by the court.
Evidence will be presented by the
prosecution.
There must be a sworn statement of the
accused whose discharge is being
requested. Said accused must give his
consent. The sworn statement must
narrate (a) how the crime was
committed; and (b) his complicity in the
commission of the crime.
4. After the hearing, the court must be
satisfied that: NOSAC
a. There is absolute necessity for
the testimony of the accused
whose discharge is being
requested.
b. There is no other evidence
available for the proper
prosecution, other than his
testimony.
c. The testimony can be
substantially corroborated on its
material points.
d. The accused doesn’t appear to be
the most guilty.
Note: He need not be the least
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guilty. What is important is that he
is not the most guilty. The right- What is the effect of the order discharging the
hand man of the mastermind of accused to be used as a state witness?
the crime may be discharged.  The order will operate as an acquittal. The
e. The accused has not been accused cannot be re-included in the
convicted of any offense that information, except in the following
involves moral turpitude. cases:
5. The court will issue an order discharging 1. If he refuses; or
the accused. 2. If he testifies contrary to what he
has stated in his sworn statement.
The discharge of an accused to be used as a state  There should be a motion filed by the
witness must be upon a motion filed by the prosecution.
prosecution. The motion will be set for hearing.  There is no need to amend the complaint
During this hearing, the prosecution will present or information.
evidence in support of the motion to discharge.  Note: The order will still be effective and
Among the evidence to be presented is a sworn the accused cannot be re-included if he
statement of the accused. did not or was not able to testify due to
causes beyond his control—if it was not
Is the sworn statement of the accused whose his fault, e.g., when later on, the
discharge is being requested admissible in prosecution would no longer need his
evidence? testimony or for some reason, the
 If the motion to discharge is denied, and prosecution forgets to call him as a
therefore the accused is not discharged, witness.
then his sworn statement is not admissible
in evidence. Sample Case: People vs ABC
Note: This is logical because the accused All the accused were arraigned and all pleaded
asking to be discharged is facing the risk not guilty. At trial, during the first day, the judge
that the sworn statement will be used asked the fiscal if he had witnesses. He called on
against, in case the motion is denied. Mr. A. Mr. B objected because Mr. A has not been
 But if the motion is granted, and the discharged, describing the situation as “putting
accused is discharged, then his sworn the cart before the horse”. Can Mr. A testify?
statement is admissible.  Yes. There is a distinction between a
 The evidence presented at the hearing discharged accused and an accused like
shall be deemed reproduced at trial Mr. A in this case.
without need of retaking them.  Mr. A is still an accused. He can testify,
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
but the court must satisfy itself that Mr.
A understands the consequences of his
testimony—that he is testifying
voluntarily, that he is fully aware of his
right against self-incrimination, and that
he could be convicted on the basis of his
testimony.
Suppose Mr. A has already testified. May the
prosecution file a motion for his discharge after
the testimony?
• Yes, when there is a compelling reason,
e.g., his life would be put in grave
danger.
What are the differences between Discharge of
an Accused under Rule 119 and Admission to
the Witness Protection Program?
1) The Witness Protection Program (WPP)
applies only to a grave felony or its
equivalent under a special law. Rule 119
can apply to any offense.
2) The WPP requires that the witness or a
member of his family within the second
degree of consanguinity or affinity (like
a brother or mother-in-law) is subjected
to threat to life or bodily injuries. In
Rule 119, there is no such requirement.
3) The WPP doesn’t apply to a member of a
law enforcement body. In Rule 119,
there is no such limitation.
4) In order to be qualified for the WPP, the
witness need not be charged of any
offense. In Rule 119, he must’ve been
already charged.
5) In the WPP, the witness enjoys benefits
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like Cost of Living Allowance, housing, equivalent under a special law.
assistance from the DOJ, and change of b. The witness or a family member
identity. Rule 119 does not mention such within the second degree is
benefits. subjected to life threat or bodily
6) In the WPP, the immunity is granted by injuries.
the DOJ, which has the prerogative to c. The witness is not a member of
approve/admit or not to admit a witness any law enforcement agenct.
into the program. The immunity granted
in Rule 119 comes from the court. Case: Ampatuan vs De Lima
Kenny Dalandag executed two sworn statements
Sample case: narrating his participation in the commission of
W applied for admission to the WPP. His the Maguindanao Massacre. Datu Andal
application was approved by the DOJ, which is Ampatuan, Jr. wrote to Leila De Lima, the
the sole authority to approve or not approve any secretary of the DOJ back then. In his letter, he
application for admission to the WPP. For a asked for the inclusion of Dalandag as one of the
person like W, should there be a criminal case accused in the case, because he admitted his
against him pending in court? participation. De Lima refused to include Kenny.
• No, unlike in a discharge under Rule 119 So Ampatuan filed a petition for mandamus to
where there must be a case filed in court. compel De Lima to include Kenny as an accused.
The RTC denied the petition for mandamus.
Sample case 2: People vs XYZ Ampatuan then elevated the matter to the
X, Y, and Z were arraigned. While the case was Supreme Court. The Court sustained the RTC,
undergoing trial, the DOJ issued to X a holding that:
certificate of admission to the WPP, so that X 1) The DOJ is the sole authority in
may testify as a state witness. Y and Z opposed approving or not approving admission to
the presentation of X as a witness against them. the WPP; and
They alleged that there was non-compliance to 2) There’s no need to first include the
the requirement of a sworn statement, and that witness as the accused before he may be
there was no motion for the discharge of X. Can excluded from the information as an
X testify as a state witness? Is this procedurally accused.
correct?
• Yes, because this is admission to the Immunity: There are two categories of immunity
WPP. The law that applies is RA 698, not (that belong to a witness):
Rule 119. X can testify, provided that: 1) Transactional immunity
a. There is a grave felony or its 2) Use and derivative use immunity
Transactional Immunity
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
 This is also called blanket or total
immunity.
 A witness cannot be prosecuted for
any crime that may arise out of the
transaction or occurrence to which
his testimony relates.
Sample case:
After being given transactional immunity, Mr. W
testified against Mr. A in a pending case. He
testified that he was employed as a chemist in
Mr. A’s shabu lab. He also transported
containers of shabu for him. Can he be
prosecuted?
 No because he is covered by a Who files it?
transactional immunity provided under
RA 9165.
Use or Derivative Use Immunity
 The testimony of a witness cannot be
used against him in any other future
prosecution.
 He can be prosecuted but his testimony
cannot be used against him.
Diplomatic Immunity
1) Status immunity gives a full and of evidence upon:
complete exemption from local criminal
and civil jurisdiction.
2) Functional immunity is where the person
is exempt from criminal jurisdiction for
acts which he committed in the
performance of his official duties.
Suppose you have an immunity granted by law not sufficient to sustain a conviction beyond
or agreement, like RA 6981, where you gave your
consent by applying or being offered admission
to the WPP, and you were issued a Certificate of
Admission. Notwithstanding said certificate, you
were included as an accused in a case. You now
want to raise the issue of you having been
granted an immunity. How will you do it?
 By filing a motion to quash on the ground
that the court has no jurisdiction. Proving
the grant of immunity will prevent the
court from acting on your case.
Demurrer to Evidence
 The accused
When?
 After the prosecution rests, that is, when
it has completed the presentation of
evidence and has no more witnesses to
call
On what ground?
 Insufficiency of evidence
After the prosecution rests, the court may dismiss
the criminal action on the ground of insufficiency
a. Its own initiative, after giving the
prosecutor an opportunity to be heard; or
b. The filing of a demurrer to evidence by
the accused with or without leave of
court.
Suppose in the mind of the court, the evidence is
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reasonable doubt, may the court dismiss the
criminal action on its own initiative even without
the filing of a demurrer to evidence?
 Yes, but it must give the prosecution an
opportunity to be heard.
What is the distinction between filing a demurrer
to evidence with leave of court and without leave
of court?
 An accused who files a demurrer without
leave of court waives the right to present
evidence and submits the case for
judgment by the court on the basis of the
evidence that was presented by the
prosecution.
o Here, the case will be submitted
for decision. There will be no
presentation of evidence by the
accused. A Notice of Promulgation
will be issued and a judgment will
be promulgated either (a)
acquitting; or (b) convicting the
accused.
 An accused who files it with leave of
court doesn’t lose the right to present
evidence in the event that his demurrer to
evidence is denied by the court.
o Here, the court will rule on the
Demurrer to Evidence, either (a)
granting; or (b) denying it.
o If granted, the case will be
dismissed on the ground of
insufficiency of evidence, which
would amount to an acquittal.
o If denied, there will be no
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
judgment. The case will be set
for continuance of trial, and the
accused will present his
evidence.
Can the State appeal to a grant of Demurrer to
Evidence?
 No because this will violate the right of
the accused against double jeopardy. A
grant of a Demurrer to Evidence
amounts to a judgment of acquittal.
What is the remedy of the accused whose
Demurrer to Evidence, filed with leave of court,
is denied?
 He shall present his evidence. An
accused who files with leave of court
does not lose his right to present
evidence in the event that the Demurrer
is denied.
In what instances can it be said that the accused
is filing with leave of court? Without leave of
court?
 Under the new rule (Revised Rules on
Continuous Trial; AM No. 15-06-10-
SC), after the prosecution rests its case,
the judge will ask the defense if it wants
to file a Demurrer or present its
evidence. If the defense chooses to file,
it will move orally that the accused be
granted leave to file a Demurrer. If
granted by the court, the defense or
accused has 10 days to file. After notice
of filing, the prosecution has 10 days to
file a comment. Then the court has 30 In a petition for certiorari, the right against
days to decide on the Demurrer. Here, the double jeopardy is not violated. Why is that?
accused is deemed to have filed with
leave of court.
 If the court denies the oral motion, the
accused can still file a Demurrer. Here, he
is deemed to have filed without leave of
court.
What is the effect of a grant of Demurrer?
 The case will be dismissed. The plaintiff
(the People) may not appeal because this
will violate the right of the accused
against double jeopardy. The rules on
finality of acquittal will apply.
 Note: In civil cases, a grant of Demurrer pass upon the civil liability of the accused?
is appealable because double jeopardy
only applies to criminal cases.
If an appeal is not available as a remedy against
an order granting a Demurrer, is there a remedy
at all?
 Yes. A petition for certiorari under Rule
65 is available in the following cases:
a. If the state was denied due
process ; 8
or
b. If in granting the demurrer, the
court has acted without
jurisdiction, or in excess of
jurisdiction, or with grave abuse
of discretion amounting to lack or
excess of jurisdiction.
8 Due process is not a one-way traffic. It is not only for the
accused. The State is also entitled to it.
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 The right against double jeopardy is not
violated because unlike in an appeal
where the appellant is questioning the
correctness of the judgment, in a certiorari
petition, the petitioner is assailing the
validity of the judgment. If he succeeds,
the judgment will be nullified. It will be
void from the beginning, as if there had
been no judgment at all. Hence, the
requisite of judgment in double jeopardy
is not present.
In resolving the Demurrer, should the court also
1) If the Demurrer is filed without leave of
court, the accused waives his right to
present evidence, the case will be
submitted for decision, and the judgment
will be based on the evidence of the
prosecution. Here, the court will resolve
both the civil and the criminal aspect of
the case.
a. If the court finds him guilty, there
will be a finding as to his civil
liability.
b. If the court acquits him, there can
still be civil liability if the
acquittal is based on reasonable
doubt. But if the liability is based
on the delict, it is deemed
extinguished if there is a finding
that the act or omission from
which the civil liability may arise
did not exist.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
2) If the Demurrer is filed with leave of
court:
a. If the demurrer is denied, and the
accused will present evidence to
refute the prosecution’s evidence
regarding his criminal and civil
liability, the case will be
submitted for decision and the
court will also pass upon the civil
aspect of the case.
b. If the demurrer is granted, the
case will be dismissed because
the evidence is not sufficient to
sustain a judgment of conviction
beyond reasonable doubt. But
that same evidence may be
sufficient to sustain a judgment
on the civil liability based on a
preponderance of evidence. The
civil aspect may proceed if the
court holds that the evidence is
sufficient as to the civil liability. court?
The accused will then present
evidence as to the civil aspect of
the case, and the case is reduced
to a purely civil action.
XII. Rule 120: Judgment
Definition
 It is a written adjudication of the court
that the accused is guilty or not guilty of
the offense charged, and the imposition In the Philippines, the official languages are English or
of the proper penalty, and the civil Filipino.
liability, if any.
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UC Law – JD 2021
Requisites of a valid judgment WPS-JC office; or
1) It must be in writing. It must be written in d. If he resigns.
an official language.9  Note: If the judge becomes incapacitated
2) It must be personally and directly before he can sign, the judgment is void
prepared by the judge. not because of his incapacity but because
3) It must state distinctly and clearly the he did not sign it.
facts and the law upon which it is based.10
Note: A judgment that doesn’t state the How may a judgment be promulgated?
facts and the law upon which it is based is  Judgment is promulgated by reading it to
a void judgment. This is also called a sin the accused in open court.
perjuicio.  But if he is convicted of a light offense,
4) It must be signed by the judge. judgment may be read in the presence of
5) It must be filed with the clerk of court. his counsel or representative.
 The accused must be notified of the
The judgment must be signed and it must be promulgation. Notice to the bondsmen is
promulgated during the incumbency of the judge notice to the accused.
who signed the judgment. If the judge who
signed it is no longer the judge when it was Suppose the accused was notified of the
promulgated, then the judgment is void11. promulgation but notwithstanding the notice, he
fails to appear in court for the promulgation.
May the judgment be promulgated by the clerk of May the judgment be promulgated even if the
accused is not in open court?
 Yes, when the judge is absent or outside  Yes. There can be a promulgation in
the province or city. absentia, provided that the accused has
been notified.
When does a judge cease to be the incumbent How will the judgment be promulgated in
judge? absentia?
 In many cases including: Two things are done:
a. If he dies; 1) The judgment12 is recorded in the criminal
b. If he is dismissed; docket; and
c. If he gets promoted to a higher 2) The accused is served a copy of the
judgment through his counsel or his last
9
known address.
10 This is a constitutional requirement 12 What is recorded in the criminal docket is the dispositive
11 A judgment may either be valid or void. There is no portion of the decision. This is also called the decretal or
voidable judgment. the “fallo”.
Criminal ProcedureNotes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

 But in the case of an accused who fails to did not surrender himself—he was, in fact,
Sample case: appear in court for the promulgation, he arrested. If you were the judge, would you grant
Suppose that on July 16, at 8:30 in the morning, loses the abovementioned remedies. the motion for leave?
the accused was notified of the promulgation,  Yes. Technicalities should be set aside in
but later on did not appear in court for it. The Is there anything that the accused can do to order to better serve the interests of
judgment was recorded in the criminal docket regain the remedies he has lost when he failed to justice. After all, the reason was
and the accused received a copy of it on July appear despite notice? meritorious.
19. When he opened the envelope, he was not  Yes. Within 15 days from promulgation of
surprised that he lost because his lawyer has an judgment, the accused must (a) surrender Finality of judgment
untarnished record of losing. So he decided to himself to the court; and (b) file a motion  If it is a judgment of acquittal, it is final
appeal. He was told that he has 15 days to do for leave to avail the remedies. He must immediately upon its promulgation. This
so. When will he start counting the 15 days? do both things to regain the remedies. is why the State can no longer appeal
Until when can he appeal?  In his motion, he must explain why he from it, as it will violate the right of the
 The question is misleading because the failed to appear on the date of accused against double jeopardy.
accused cannot appeal in this case. promulgation. If the court finds the
 By failing to appear despite notice, the explanation meritorious, the motion will If a criminal case is dismissed, may the State or
accused loses all remedies against the be granted, the court will issue an order to the People or the prosecution appeal from the
judgment. the effect, and a copy of the order will be order of dismissal?
served to the accused. Then the accused  Yes, except in the following cases (which
When is there “rendition of judgment”? will have 15 days from the service of the are actually final orders of dismissal):
 Judgment is rendered upon the filing of copy of the order to avail himself of the a. If the dismissal amounts to an
the judgment with the clerk of court. remedies he has lost. acquittal; or
 Note: Rendition is not the same as  An example of a meritorious reason is b. If the dismissal is upon the motion
promulgation of judgment. hospital confinement, if the accused can of the accused who invokes his
 If the dispositive portion is inconsistent show evidence of it. right to speedy trial (e.g., in a case
with the body of the decision, the where the prosecution repeatedly
dispositive portion will prevail. Sample case: asks for postponement of the
The accused failed to appear during the case).
What remedies are available to the accused promulgation. The judgment was promulgated in
before the judgment attains finality? his absence. Within 15 days, the accused was When does a judgment become final?
 The following may be availed: arrested. While in jail, he filed a motion for leave Except when the death penalty is imposed13,
a. Appeal to avail of the remedies. He mentioned the reason judgment becomes final in any of the following
b. New trial why he failed to appear, and the court found it to instances:
c. Reconsideration be meritorious. The prosecution opposed the 1) After the lapse of the period to appeal (15
d. Reopening of trial motion for leave, arguing that here, the accused 13
When the death penalty is imposed, the case goes to the
CA on automatic review.
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
days from promulgation of judgment);
2) When the sentence is partially or totally
satisfied or served;
3) When the accused waives in writing the
right to appeal; or
4) When the accused files an application
for probation.
Neypes Rule
In criminal cases, the rule laid down in Neypes
vs CA (2005) also applies14:
 Within the period for perfecting an
appeal, instead of filing an appeal, the
accused may file a motion for new trial
or motion for reconsideration.
 If the motion is denied, the accused will
receive a notice (another notice) and 15
days from that notice, he may file an
appeal.
 This is also called a “fresh 15-day period
to appeal”.
Probation
 Appeal and probation are mutually
exclusive.
Youthful offender
 If the accused is a youthful offender,
and the judgment is a judgment of
conviction, then the judgment will be
suspended; A youthful suspender is
entitled to a suspended sentence.
 The age of doli incapax in the
Philippines is 15 years or under, by What if the youthful offender is already over 21 May the accused appeal from the judgment
virtue of RA 9344.
14 Yu vs Samson-Tatad (2011)
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UC Law – JD 2021
o If the crime was committed sentence?
while the offender is within  Yes. In People vs Monticalbo (2013), the
this age bracket, he is exempt Supreme Court held that it is more
from criminal liability. His consistent with the spirit of the law to give
exemption is total and the benefit of suspended sentence to the
absolute. accused even if at the time of
o But if the offender is 15 years promulgation, he is already over 21.
and 1 day old, but under 18,
the exemption is qualified. He The benefit of suspension of sentence is not
is exempt, unless it could be available to a youthful offender who commits a
shown that he acted with crime punishable by death, reclusion perpetua, or
discernment. life imprisonment.
 Note: This refers to the penalty imposable
What if the accused is 16 when he committed the under the law, not the penalty actually
crime but the trial went on for so many years and imposed by the court after trial.
so when the judgment was promulgated, he was
already 41 years old. Is he still entitled? XIII. Rule 121: New Trial & Reconsideration
 Yes. In the case of People vs Mantalaba
(2011), the Supreme Court held that a Who files a motion for new trial/reconsideration
youthful offender is entitled to the benefit of a judgment?
of a suspended sentence, provided that at  Only the accused may file these motions.
the time of promulgation, even if he is
over 18, he is still under 21 years of age. May the court grant new trial or reconsideration
Is the accused entitled to the benefit of suspended of a judgment even if the accused did not file a
sentence even if he did not ask for it? motion? May it be done at the court’s own
 Yes, the youthful offender is still entitled initiative?
to a suspended sentence even if he did not  Yes but it should be done with the consent
file a motion. of the accused.
 Suspension of sentence in the case of a  When? He may file within the time for
youthful offender is automatic. The perfecting an appeal, that is, 15 days from
accused need not file a motion. promulgation.
years of age at the time of promulgation? Is he without first filing a motion for new
still entitled to the benefit of a suspended trial/reconsideration?
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
 Yes but he may also file his motion. And
if he does, and it is denied, then the
Neypes rule also applies—he will have
another 15 days from notice of denial.
What are the grounds for new trial?
1) That errors of law or irregularities
prejudicial to the substantial rights of the
accused were committed at the trial; or
2) That there is newly-discovered evidence,
that is, evidence that:
a. couldn’t have been discovered
during the trial even with the use
of ordinary diligence; and
b. discovered only after trial;
c. and if presented and admitted,
would probably change the result
of trial;
d. provided that there is no final
judgment yet.
New Trial vs Reopening
 New trial is governed by Rule 121 and
the grounds are specified therein,
 Reopening of trial is a remedy under
Ruel 119, Section 24. There is only one
ground, and that is to avoid a
miscarriage of justice.15
What is the effect of the order granting new
trial?
 It vacates the judgment. The case will
stand for trial de novo. The evidence at
the former trial not affected by the error
of law or irregularity shall be deemed
15 This ground is as wide as the universe.
d.m.g.
UC Law – JD 2021
reproduced at the new trial without the himself to file an appeal, arguing that the liability
need to retake them. The court will render of the employee (driver) will eventually become
another judgment. his liability.
Can the employer appeal?
What is the ground for a motion for  No. Being a non-party to the case, the
reconsideration? employer cannot appeal. He cannot act
 In a criminal case, there’s just one independently of his employee.
ground: an error of law or fact was
committed in the judgment. Execution of judgment
Case: Basolilonia vs Villaluz (2015)
The accused was convicted over 20 years ago.
XIV. Rule 122: Appeal Upon conviction, he went into hiding. In 2015, he
reappeared. The offended party filed a motion for
Who may file an appeal? execution. The accused opposed the motion
1) The State, provided it will not place the arguing that the penalty, as well as the civil
accused in double jeopardy; liability, has prescribed. If the accused correct?
2) The accused in a judgment of conviction;  No. The claim of the accused that the
and penalty has prescribed is wrong. The
3) The offended party but only as to the civil prescription of the penalty never
aspect of the case. commenced to run. The only way for the
Note: A non-party cannot appeal. penalty to prescribe is for the accused to
commit another crime, which is evasion
Case: Philippine Rabbit Bus, Inc. vs People of sentence. He must escape confinement.
(2004) But in the present case, he was never
The driver was charged with reckless confined. The penalty, therefore, has not
imprudence. He was convicted and ordered to prescribed. But as to the civil liability, his
pay damages. Judgment was promulgated and claim is correct.
the driver had 15 days to appeal. During the time  There is no need to file a motion for
to perfect an appeal, the driver jumped bail. execution as to the criminal aspect of the
As regards the civil damages, the case.
employee is primarily liable. In case of
insolvency, the employer will be subsidiarily Modes of Appeal
liable. A motion must be filed in the same case in 1) Ordinary – appeal by writ of error
order to enforce the employer’s subsidiary 2) Petition for review
liability. 3) Petition for review on certiorari
In this case, the employer took it upon
Criminal ProcedureNotes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

brief called the Appellee’s Brief.

Ordinary Appeal XV. Appeal from the Sandiganbayan
 It is done by filing a Notice of Appeal What should be contained in the Appellant’s
with the court that rendered the Brief? I
judgment being appealed from. 1) Statement of the case a) The SB imposes (if exercising original
2) Statement of the facts jurisdiction) or affirms (if appellate
What should be stated in a Notice of Appeal? 3) Statement of the issues involved jurisdiction) a penalty less than death,
1) Copy the title of the case 4) Assignment of errors reclusion perpetua or life imprisonment
2) Caption (docket no., case no., etc) 5) Arguments (on the assigned errors) b) Appeal is to the SC by filing a petition for
3) “Notice of Appeal” review on certiorari, if only questions of
4) “Accused-appellant, by counsel, Note: In a notice of appeal, you don’t argue yet. law are raised
respectfully gives notice that he is Once you have (a) filed the notice; and (b) paid
appealing from the judgment on July 1, the docket fees, you have already perfected your Note: Questions of law, when the controversy is
2017, finding him guilty of Homicide, to appeal. This means you have filed your appeal in on what the law should be based on a settled
the Court of Appeals, on the ground that due time. application, will not require a re-evaluation of
the judgment is contrary to law… evidence.
- Signed - Can you file a motion asking for extension of the
- Copy- furnished – ” period to file a Notice of Apeal? If the petitioner raises a question of fact (when
 No. But you can file a motion to extend the controversy is on the falsity or truthfulness of
The process the time of filing an Appellant’s Brief. the facts) or a mixed question of law and of fact,
If the judgment is rendered by the RTC Because this is not easy to prepare. the court will dismiss the petition. Here, the
in the exercise of its regional jurisdiction, appeal question presented will require re-evaluation of
may be made to the Court of Appeals, by filing An ordinary appeal from MTC to RTC is evidence.
a Notice of Appeal with the same RTC. governed by Rule 14.
In due time, the clerk of court will An ordinary appeal from the RTC to the CA is II
assemble the record of the case. Then the record governed by Rule 41. a) The SB is exercising original jurisdiction
will be transmitted to the CA. This is also called and imposes the penalty of reclusion
“original record”. If the case comes from the MTC then the RTC by perpetua or life imprisonment
The CA, upon receipt of the record of notice of appeal, and it is elevated to the CA, the b) Appeal is to the SC by Notice of Appeal
the case, will notify the parties—the appellant mode of appeal is petition for review to be filed to the SB
and the appellee. with the CA.
The notice will order the appellant to file III
his Appellant’s Brief16, within 30 days from A petition for review on certiorari is the mode of a) The SB is exercising original jurisdiction
notice. The appellee will be furnished a copy appeal filed with the SC, when the questions and imposes death
and he will also have 30 days to file his own being raised are pure questions of law. b) The case will automatically go to the SC
16 This is one brief that’s very long.  on automatic review
Criminal ProcedureNotes d.m.g.
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c) The accused doesn’t have to do anything than death, reclusion perpetua, or life crime charged?
imprisonment  Yes, provided that the crime proved has
IV c) Appeal is to the CA via Notice of Appeal not yet prescribed at the time of filing,
a) The SB is exercising appellate with RTC and the crime proved is included in the
jurisdiction because the case came from d) From the CA, appeal is to the SC via crime charged
the RTC which imposed death, reclusion petition for review on certiorari
perpetua or life imprisonment May the accused be convicted of the crime
b) The SB imposes death, reclusion III charged even if it is not the crime proved?
perpetua or life imprisonment a) The penalty imposed by the RTC is  Yes, if the crime charged is included in
c) The SB shall render judgment but refrain reclusion perpetua or life imprisonment the crime proved
from entering it and instead elevate the b) Appeal is to the CA by filing a Notice of
record of the case to the SC for review Appeal with RTC Suppose the accused appeals from the judgment
c) From the CA, appeal is to the SC by of conviction. What is the effect?
filing a NoA with the CA  The appeal shall stay the judgment
XVI. Appeal involving regular courts of Note: This is an appeal as a matter of appealed from.
justice right  Stay means suspend; stay means the
d) If the appeal will raise only pure judgment will not become final in the
I questions of law, then there can be a meantime, while an appeal is pending
a) The case came from the MTC direct appeal from the RTC to the SC by
b) Judgment is appealable by means of a filing a petition for review on certiorari Suppose there are several accused. One or some
Notice of Appeal with the MTC Note: this is an appeal as a matter os appealed. The others did not. What is the effect of
c) Then the case goes up to the RTC discretion on the part of the SC, but only an appeal filed by one or some of the accused?
d) From the RTC, appeal will be by petition questions of law can be raised  The judgment is stayed as to the accused
for review with the CA who has filed an appeal. But as to those
Note: Here, the questions that may be IV who did not, the judgment has become
raised can be those of fact, or law, or a a) The RTC imposed the penalty of death final. They will have to serve their
mix of both. b) The case goes to the CA on automatic sentence.
e) From the CA, appeal will be to the SC review Note: In an appeal, the entire case is open for
via petition for review on certiorari c) The CA shall render judgment but refrain review.
Note: this time, only questions of law from entering judgment; instead, the
can be raised or presented. record of the case will be elevated to the Suppose the CA or appellate court renders
SC judgment on the appealed case. Will the judgment
II affect the accused who did not appeal?
a) The case came from the RTC which is Suppose there is a variance between the  No, the appellate court’s judgment will
exercising original jurisdiction allegation and the proof. May the accused be not affect the accused who did not file an
b) The penalty imposed by the RTC is less convicted of the crime proved even if it is not the
Criminal ProcedureNotes
Lectures by Dean Agranzamendez; AY 2017-2018
appeal, except if the judgment is
favourable and applicable to him.
Post-conviction Remedies
Is there still a remedy against a judgment that
has become final?
 Yes. In criminal cases, the remedy is to
file a petition for habeas corpus, in the
following cases:
1) When a violation of a constitutional
right results in the restraint of a
person;
2) When the court has no jurisdiction to
impose the sentence;
3) When the penalty imposed is
excessive and it is void as to the
excess; and
4) When the result of a DNA
examination shows that the accused
did not commit the crime.
May an accused be compelled to provide DNA
sample from his own body?
 Yes. The Court has held that compulsory
testing or DNA examination will not
violate the right against self-
incrimination because that right only
applies to testimonial evidence. It does
not apply to object evidence like DNA
evidence.
The judgment has become final and the accused
is now serving his sentence in prison. Here, a
DNA test may be conducted upon the request of
the accused himself or his representative, or
upon the request of the prosecution.
Is there a need for a court order?
 No. A DNA test may be conducted
without the need of a court order,
provided that the following requisites are
present:
1) There exists a DNA sample.
2) The DNA sample is relevant.
3) The result of the DNA examination is
likely to result in or cause a
modification or reversal of the
judgment of conviction.
 Assuming all the requisites are present,
the next step is to file a petition for
habeas corpus. It may be filed with the
CA, SC, or the court of origin.
Who may file a petition for habeas corpus?
 The accused or the prosecution may file
it.
 A hearing will be set to present evidence
to prove the allegations in the petition.
 If based on the evidence, the court finds
the allegations to be not true, then the
court will simply dismiss the petition.
 But if the court finds them to be true, then
the court will issue an order granting the
petition, setting aside the judgment of
conviction and ordering the release of the
accused from detention.
 This is because if the accused did not
commit the crime, as alleged in the
petition, then his detention is illegal,
notwithstanding the judgment of
conviction.
d.m.g.
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XVII. Search & Seizure
The lifetime of a search warrant is 10 days from
the date it was issued. After that, it automatically
becomes void and may no longer be extended.
Definition
A search warrant is an:
a) Order in writing;
b) In the name of the People of the
Philippines;
c) Signed by the judge;
d) Addressed to a peace officer;
e) Commanding him to search a personal
property described therein; and
f) Bring it before the court.
May a search warrant be oral?
No. It must be in writing.
May a search warrant be issued in a civil case?
No because a search warrant is in the
nature of a criminal process.
May a search warrant be issued by the highest
ranking PNP officer in the region?
No. It cannot be issued by the police. Not
even the fiscal. It may only be issued by the
court/judge.
Suppose there is no particular or definite
description in the search warrant. Is it valid?
No. A search warrant must describe the
property to be searched in particular. A general
search warrant is not a valid warrant.
Criminal ProcedureNotes d.m.g.
Lectures by Dean Agranzamendez; AY 2017-2018 UC Law – JD 2021

the search warrant?

Can a search warrant be valid if it charges two If the search warrant is void, the evidence  If the application is filed as an incident,
or more offenses? obtained by means of that search warrant is not the order quashing the search warrant is
No, a scattershot warrant is not valid. admissible. interlocutory (it doesn’t put an end to the
case) and the remedy is a petition for
A peace officer will file an application for the The remedies are in the alternate. If you file a certiorari.
issuance of a search warrant. motion to quash and the court denies it, a motion  If the application is filed as an
to suppress is no longer available. This is because independent proceeding, the order
There is no need to accompany the application you will be litigating the same issues. quashing the search warrant is a final
for a search warrant with a certificate of non- order (it terminates the case), and the
forum shopping because that only applies to In what court may the motions be filed? remedy is an appeal.
civil cases. The motion to quash or suppress may be filed
with, and be acted upon by:
When or in what court should it be filed? 1) The court where the criminal action is
1) It should be filed with the court within pending;
whose territory the crime is committed. 2) If there is no criminal action yet, the court
Note: There must be a crime. Otherwise, that issued the search warrant;
there will be no basis. 3) If the motion has not been resolved, and a
It is the territory, not the jurisdiction, criminal is subsequently filed in another
because this is not a criminal action. It is court, then the motion must be resolved
a separate proceeding. by the latter court.
2) If there is a compelling reason, the
application may be filed with the court Suppose the search warrant was issued by the
within the juridical region where the RTC. When the criminal action was instituted, it
crime is committed, if the place of was filed with the MTC because of the penalty
commission is known, or with the court involved. Where will the motion to quash or
where the search warrant is to be suppress evidence be filed?
enforced.  It should be filed with the MTC where the
3) If the criminal action has already been criminal action is pending.
instituted, the application may be filed
only with that court. The supplication for search warrant may be filed:
(a) as an incident to a pending criminal case; or
What is the remedy against a search warrant? (b) as an independent proceeding.
1) Motion to quash the search warrant; or
2) Motion to suppress illegally-obtained Suppose a motion to quash is filed and granted.
evidence. What is the remedy against an order quashing