REVIEW ITEMS FOR CRIMINAL PROCEDURE

CLJ03 It must be:

1. Sufficient in form, and
Criminal Procedure 2. Sufficient in substance
- The method prescribed by law for the apprehension and prosecution of persons Thus, under Section 14, of Rule 110, a complaint or information may be amended, in
accused of any criminal offense, and their punishment, in case of conviction. form and in substance.
- It is concerned with the procedural steps through which a criminal case passes,
commencing with the initial investigation of a crime and concluding with the Sufficiency of a complaint or information [N.D.A.N.A.P.]
unconditional release of the offender. 1. The Name of the accused
- It is a generic term used to describe the network of laws and rules which govern 2. The Designation of the offense given by the statute
the procedural administration of criminal justice. 3. The Acts or omissions complained of as constituting the offense
Criminal Jurisdiction 4. The Name of the offended party
The authority to hear and decide a particular offense and impose punishment for it. It 5. The Approximate date of the commission of the offense
has three requisites, namely: 6. The Place where the offense was committed.

1. Subject matter – cases of the general class where the proceedings in question A complaint or information is sufficient in substance if it doesn’t contain any of the
belong as determined by the nature of the offense and by the penalty imposed defects which is a ground for a motion to quash. (Section 3, Rule 117)
by law;
2. Territory – the geographical limits of the territory over which the court presides Note: A motion to quash, once granted, is equivalent to dismissal (but not acquittal).
and where the offense was committed; and
3. Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or Remedy if a complaint or information is defective:
b) voluntary surrender. I. If defective in form
a) Court may dismiss the complaint or information motu propio or upon motion, or
b) Accused may move for a BILL OF PARTICULARS
RULE 110 Prosecution of Offenses
How CRIMINAL ACTIONS are instituted: II. If defective in substance – No obligation is imposed on the judge to point out the
By filing the: 1) Complaint, or 2) Information. duplicitousness or other defect in the indictment on which an accused is being
arraigned. It is for the accused to move for a motion to quash on the ground that the
Complaint complaint or information charges more than one offense, under sanction of waiver and
- A sworn written statement charging a person with an offense loss of ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192
- Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or SCRA 632)
Other public officer charged with the enforcement of the law violated].
- May be filed in the prosecutors office or directly to the court Note: For certain classes of Actions, it is the tribunal having jurisdiction which
automatically determines whether or not the papers are in order before giving it due
Information course, meaning, it satisfies itself if the complaint or information is sufficient in form
1. An accusation in writing and in substance.
2. Subscribed by the Prosecutor
3. Filed with the court Examples:
Articles of Impeachment in an impeachment proceedings
Both are: Presidential Election Protest
1. In writing
2. In the name of the People of the Philippines This is not so in criminal proceedings. It is incumbent upon the accused to object on
3. Directed against all persons who appear to be responsible for the offense involved. substantive defects (People v. Bartulay, supra).

Elements of a complaint or information: PROBLEM

1. Formal elements, and JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-
2. Substantive elements. defense because there was an actual threat on his person and the firing of warning shots
was reasonably necessary in order to prevent or repel the unlawful aggression directed
against him. Despite this, the fiscal went on to file the information in court. May JP claim II. Is designation of the offense an essential element of the complaint or
that the information, though sufficient in form, is defective in substance? Why? information? Why? Give the exception, if any.
ANSWER:
No. JP cannot claim that the information is defective in substance. This is so because ANSWER:
“self-defense” is not a ground for a motion to quash but a matter of defense. If proven, No. Because in case of conflict between the designation of the offense and the allegations,
self-defense is a basis for acquittal, not dismissal. the allegation prevails.
The exception is when the allegation is so ambiguous that it may be interpreted to mean
NOTE: Any explanation or defense which the defendant may want to invoke can be either one or another offense, then the designation of the offense is controlling (Case of US
properly raised during trial (Galvez v. CA, 237 SCRA 685). v. Dixon, where the designation is for trespassing but the allegations indicates either
trespassing or a possible attempted rape).
Distinction between Acquittal and Dismissal:
1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found RULE 111 Prosecution of Civil Action
innocent of killing B. Basis:
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already Art. 100, RPC - Every person criminally liable is also civilly liable
prescribed.
Generally, when a person commits a crime, he offends two entities, namely:
Notes: 1) The State [whose laws he violated]; and
2) The individual [whose person, right, honor, chastity, or property was actually or
1. There are certain classes of offenses that cannot be prosecuted de officio – directly injured or damaged by the same acts or omissions].
A. private offenses, i.e. adultery, concubinage, etc. and Exception:
B. private libels, i.e. defamation imputing private offenses. When the infraction falls under the class of offenses called victimless crimes like
2. For some offenses, there are conditions precedents before plaintiff can repair to gambling, betting on illegal cock fights, drug addiction, prostitution, etc. etc. under the
the courts for redress [i.e. those requiring mediation at the “lupong theory that “the offender himself is his own victim”.
tagapamayapa”]. However, non-compliance of this rule is not jurisdictional. The
failure of the plaintiff to comply with the conciliation requirement of Sec. 40 Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery
under the Local Government Code of 1991 does not affect the Court’s of civil liability is deemed instituted with the criminal action unless the offended party:
jurisdiction if no timely objection is made [San Miguel Village School v.
Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566]. a. Waives the civil action;
3. All criminal actions, whether commenced by filing of complaint or information, b. Reserves the right to institute it separately; or
are under the direct control of the prosecutor. c. Institutes the civil action prior to the criminal action
Principle of proferrence of criminal action over civil action:
PROBLEMS: After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal
I. A, B, C, D were charged with homicide. Preliminary investigation was action.
conducted by the fiscal who found sufficient evidence against all, but, If the criminal action is filed after the said civil action has already been
according to his determination, D was the least guilty. So the fiscal filed the instituted, the latter shall be suspended in whatever stage it may be found before
information only against A, B, and C leaving out D whom he would utilize as judgments on the merits.
state witness. Is the fiscal correct? Reason for the rule:
Criminal action is based on an offense committed against the laws of the State while
ANSWER: civil action is based on an injury to individual rights. Public interest is superior over
Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be private one.
a grave abuse of discretion on the part of the court in not including D in the information
because of the prosecutors finding that there is sufficient evidence against all. There was Exception to the rule of proferrence of criminal action over civil action
no more necessity to utilize D as a state witness.
EXCEPTION: 1. When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of
Under the Witness Protection Act, the prosecutor has the discretion of discharging an the Civil Code.
accused as a state witness and no court approval is necessary. 2. When there is a prejudicial question in the civil case that must be decided first
before the criminal action can proceed because the decision in the civil action is
vital to the judgment of the criminal case.
Elements of Prejudicial Question: CLARIFICATORY HEARING - If there are facts and issues to be clarified from a party or
witness - within 10 days after submission of counter affidavit. No direct examinations.
1. The previously instituted civil action involves an issue similar or intimately Questions must be addressed to the fiscal.
related to the issue raised in the subsequent criminal action, and
2. The resolution of such issue determines whether or not the criminal action may Resolution – within 10 days after the investigation.
proceed. Forwarding of fiscals’ resolution to superiors – within 5 days
Note: Superiors shall act on the resolution – within 10 days
Prejudicial question is subject to the principle that he who comes into court must come
with clean hands. The accused cannot be permitted to use the law in order to frustrate
the ends of justice. Good faith or bad faith is important. RULE 113 Arrest

DEFINITION:
RULE 112 Preliminary Investigation 1. The taking of a person in custody in order that he may be bound to answer for
DEFINITION the commission of an offense.2.
It is an inquiry or proceeding to determine whether there is sufficient ground to 2. A restraint on person, depriving one of his own will and liberty, binding him to
engender a well-founded belief that a crime has been committed and the respondent is become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)
probably guilty thereof, and should be held for trial.
How Arrest is made:
Preliminary Investigation is required: A. As to the manner of enforcement, by:
Before the filing of complaint or information for an offense where the penalty prescribed 1) Actual restraint, or
by law is imprisonment of at least 4 years, 2 months and 1 day, without regard to fine. 2) Submission to the custody of the person making arrest
B. As to the presence or absence of judicial order:
When NOT REQUIRED: 1) By virtue of a warrant, or
In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day 2) Warrantless arrest, in cases allowed by the Rules
In case of a valid warrantless arrest [shall proceed in inquest] C. As to the person arresting:
1) Arrest by peace officer, or
Officers authorized to conduct PI: 2) Citizens arrest
1. Provincial or City Prosecutors and their assistants; When warrantless arrests allowed:
2. National and Regional State Prosecutors; and 1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:
3. Other officers as may be authorized by law [COMELEC during Election Period, a. Committed
Ombudsman, etc.] b. Is actually committing an offense
Rules: c. Is attempting to commit
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses,
supra] 2. Hot Pursuit arrest – when an offense has just been committed and he has probable
2. Supported by affidavits of the complainant and his witnesses cause to believe based on personal knowledge of facts or circumstances that the person
3. Numbers of copies are proportionate to the number of respondents plus 2 official arrested has committed it.
copies Tests in determining probable cause based on personal knowledge:
Must be based on the senses, i.e.
PROCEDURE: 1) Sight
1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – 2) Hearing
dismiss. If yes – issue subpoenas. 3) Smell
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits
and documents – respondent submits counter affidavits. NOTES:
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within A. The arresting officer must have personal knowledge of the commission of the crime
10 days – investigating officer resolves the complaint on the basis of evidence presented through his senses. He cannot “fish” for evidence first and afterward make the arrest.
by complainant. B. The term “personal knowledge” excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process
cannot be reversed (Dissent of Chief Justice A. Narvasa, People v. Malmstedt). RULE 114 Bail
Exception: in case of valid warantless searches (Majority opinion, People v. Malmstedt, Kinds of bail bonds:
198 SCRA 401). 1. cash bond
D. For purposes of arrest – Officer may break into any building or enclosure where the 2. property bond
person to be arrested is or is reasonably believed to be, if he is refused admittance 3. surety bond
thereto, after announcing his authority and purpose (Sec. 11, RRC). 4. recognizance
E. For purposes of search and seizure – he cannot break into any building or enclosure
without violating the right of privacy. Exceptions: 1) When there is consent (Dissent of BAIL DEFINED:
Justice I. Cruz, People v. Evaristo, 216 SCRA 431). 2) When there is a warrant. The security given for the release of a person in custody of the law, furnished by him or
a bondsman, to guarantee his appearance before any court as required under the
3. Arrest of fugitives from justice – persons who has escaped from a penal conditions of law.
establishment, place of confinement etc. while serving sentence, temporarily confined, GENERAL RULE:
or case is still pending – may be arrested under the theory that “he is engaged in the The right to bail only accrues when a person is under custody. Court must have
commission of a continuing offense” (Parulan v. Director of Prisons, 22 SCRA 639). jurisdiction over the person of the accused either thru: 1) arrest, with or without
warrant, or 2) voluntary surrender.
Methods of Arrest: EXCEPTION:
I. With warrant, by officer: When the person under investigation cannot personally appear because he is
The officer shall inform the person of: hospitalized but applies for bail through his counsel, he is deemed to be under the
1) the cause of the arrest constructive custody of the law (Dinapol v. Baldado, 225 SCRA 110, Paderanga v. CA,
2) fact that warrant exist 247 SCRA 741).
Exception:
1) When he flees or forcibly resist before 1 & 2 is completed WHERE BAIL IS APPLIED:
2) When the giving of info will imperil the arrest In the court where the case is pending (if not yet filed, may be filed before any court).

II. Without warrant, by an officer and by private persons: Bail, a matter of right:
Inform the person of 1. Before or after conviction by MTC, MTCC or MCTC
1) authority and cause of arrest [if person arresting is police officer] or 2. Before conviction by RTC of an offense not punishable by death, reclusion temporal,
2) intent to arrest and cause [if person arresting is private person] or life imprisonment
Unless when the person to be arrested is either:
1) Engaged in the commission of the offense Bail, a matter of discretion:
2) Is pursued immediately after its commission 1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or
3) Has escaped, flees or forcibly resist before the officer or the private person life imprisonment.
making the arrest has the opportunity to inform him of 1 & 2, or 2. Before conviction for capital offenses [punishable by death], or an offense punishable
4) When the giving of info would imperil the arrest by reclusion perpetua or life imprisonment, when evidence of guilt is not strong. (Bail is
neither a matter of right nor a matter of discretion only in cases where the evidence of
Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer: guilt is strong).
1) Test of reasonability – conduct of the arresting officer is examined.
Where the precipitate action of the arresting officer resulted in the loss of a human life RULE 115 Rights of the accused
and there exists no circumstances whatsoever justifying the shooting of a person who is
asleep, even if he is a notorious criminal – condemnation, and not condonation should Rights may be waived, unless the waiver is contrary to law, public order, public policy,
be the rule (People v. Oanis, 74 Phil. 257). morals, or good customs or prejudicial to a third person with a right recognized by law
2) Test of necessity – conduct of the person arrested is examined. (Art. 6, NCC).
Where the arrested person attempts to flee, struck a policeman with his fists, draw a
mess knife and attacked another policeman, the arresting officer is not required to In all criminal prosecutions, the accused shall be entitled to the following rights
afford him a fair opportunity for equal struggle. A police officer, in the performance of (PIPTEC CoSpA):
his duty, must stand his ground and cannot, like private individual, take refuge in P – resumed innocent
flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784). I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf 4) To testify as a witness in his own behalf but subject to cross-examination on matters
E – xempt from being compelled to be a witness against himself covered by direct examination. His silence shall not in any manner prejudice him.
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other 5) To be exempt from being compelled to be a witness against himself.
evidence Right to testify in his own behalf:
S – peedy, impartial and public trial Once exercised, the accused is subject to limited cross-examination.
A – ppeal If not exercised, no inference of guilt can be derived from his silence alone.
Right against self-incrimination:
1) To be presumed innocent until the contrary is proved beyond reasonable doubt. Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Hierarchy of proof [according to degree of persuasiveness]: Based on public policy and humanity, otherwise, the accused will be placed on the
Absolute certainty – ultimate truth [not required in any legal proceeding] strongest temptation to commit perjury.
Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable
doubt, conclusive presumptions] Notes:
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance A. Prohibition covers 1testimonial compulsion and 2the production of the accused of
of evidence, probable cause, substantial evidence, disputable or prima facie incriminating documents and articles demanded from him.
presumptions] B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine
Notes: samples, and 4others requiring a mere mechanical act on the part of the accused
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng, 23 Phil. 145, Schemerber v.
RRC) California, US L.Ed. 2d 908, 89 S CT No. 658].
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof
lies in the prosecution. Unless guilt beyond reasonable doubt is established, the 6) To confront and cross-examine the witnesses against him at the trial.
accused need not prove his innocence. Reasons:
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of To meet the witness face to face (Bill of Rights, 1987 Constitution)
Argumentation and Debate). To enable the court to judge the truthfulness, deportment, and the appearance of the
Absolute certainty is not demanded by the law to convict but only moral certainty. witness while testifying (US v, Javier, 37 Phil 449).

2) To be informed of the nature and cause of the accusation against him. Effect of absence of right to cross examine:
Essential to avoid surprise and to afford him the opportunity to prepare his defense When there is express or implied waiver – no effect
accordingly. In the absence of waiver – testimony of the witness cannot be considered as complete
Arraignment serves this purpose by informing him why the prosecuting arm of the state and therefore cannot form part of the evidence against the accused.
is mobilized against him.
An accused cannot be convicted of an offense unless it is clearly charged in the Effect when witness dies:
compliant or information. Basic rule – you cannot prove what you did not allege. Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – Gen. rule: inadmissible.
3) To be present and defend in person and by counsel at every stage of the proceedings, Exception: where the adverse party was given adequate opportunity but failed to cross
from arraignment to promulgation of judgment. examine due to his own fault
Express or Implied waiver is renunciation to be present on that particular date only. After the defense conducted cross examination – admissible
Escape of the accused is waiver by implication to be present on said date and all
subsequent trial dates. [Fact of escape made his failure unjustified because he has, by 7) To have compulsory process issued to secure the attendance of witnesses and
escaping, placed himself beyond the pale and protection of the law (People v. Salas 143 production of other evidence in his behalf.
SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)]. “Compulsory process” refers to the issuance of the court of:
Right to counsel is right to effective counsel. It is not enough to simply appoint a Subpoena – for the attendance of witnesses
counsel de officio. Counsel must have no conflict of interest. Thus, a fiscal cannot be Subpoena duces tecum – for the production of documents
appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the Notes:
bar, his right to counsel is violated, unless the accused voluntarily chose him knowing A. If a subpoena or subpoena duces tecum is issued and the person named in the
him to be a non-lawyer. subpoena refuses to appear or refuses to produce the required documents without
justifiable reasons – court has the power to declare that person in contempt and may
order his arrest. [People v. Montejo, 21 SCRA 722].
 3. Complaint or Information must be read in a language or dialect known to him;
B. The coercive powers of the court must be employed in order to give meaning to this 4. Accused must be present;
right. 5. Accused must personally enter his plea

8) To have speedy, impartial and public trial.

Speed: I. If under preventive detention
Justice delayed is justice as denied Raffle of case and transmittal of records – within 3 days
Impartiality: Arraignment – within 10 days from the date of raffle
Every party litigant is entitled to nothing less than the cold neutrality of an impartial Pre trial conference – within 10 days after arraignment
court (Macalintal v. Judge Teh, 280 SCRA 623).
Public trial: II. If not under preventive detention
So that the public may see that he is fairly dealt with and not unjustly condemned in General rule – within 30 days from the date the court acquires jurisdiction
case of conviction. Exception – a shorter period is provided by special law or SC Circular
So the public may know of the fact or the basis of his innocence in case of acquittal.
Rules in entering a plea:
Note: “Public trial” and “Trial by publicity” are two different things. They are not the 1. If accused refuses to plead or makes a conditional plea – a plea of not guilty
same. There should be a public trial, not trial by publicity. shall be entered.
2. If accused enters a plea but presents exculpatory evidence – plea of guilty is
9) To appeal in all cases allowed and in the manner prescribed by law. withdrawn and a plea of not guilty shall be entered for him. Burden of proof
The right to appeal is a statutory right but withdrawal of this right, in the absence of a shifts.
valid waiver, constitutes a denial of due process guaranteed by the Constitution (Cruz, 3. If accused enters a plea to a capital offense – court shall conduct a searching
Constitutional Law, 2003 Ed.). inquiry into the voluntariness and full comprehension of the consequences of
It is not a natural right or inherent one. The party who seeks to avail of the said right his plea and shall require the prosecution to prove his guilt and the precise
must comply with the requirements of the Rules. Otherwise, the right to appeal is lost degree of culpability.
(People v. Sabellano, 198 SCRA 196)
PRE-TRIAL CONFERENCE
RULE 116 Arraignment and Plea Private offended party shall be required to appear for purposes of:
Arraignment: The initial step in a criminal prosecution whereby the defendant is 1) Plea-bargaining
brought before the court to hear the charges and to enter a plea (Black’s Law 2) Determination of civil liability
Dictionary). 3) Other matters requiring his presence
NOTE: In case of failure of the offended party to appear despite due notice – conformity of
Venue for Arraignment and Plea: prosecutor is sufficient for purposes of pleading guilty to a lesser offense which is
Before the court where the complaint or information was filed or is assigned for trial. necessarily included in the offense charged.

Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.) BILL OF PARTICULARS
The accused may, before arraignment, move for a bill of particulars to enable him
1) To fix the identity of the accused properly to plead and prepare for trial. The motion shall specify the alleged defects of
2) To inform him of the charge the complaint or information and the details desired.
3) To give the accused an opportunity to plead
Scope of the Bill of Particular:
Note: Bill of Particulars is a remedy for formal defects and not substantive defects.
In order for the Court to “acquire” complete jurisdiction over the person of the accused,
arraignment is essential. Unless this procedure is completed, the court cannot The remedy against an indictment that fails to allege the time of the commission of the
commence trial in absentia. offense with sufficient definition is a Motion for Bill of Particulars and not a Motion to
Quash (Rocaberte v. People, 192 SCRA 152).
Procedure:
Notes:
1. Arraignment must be made in open court by the judge or the clerk;
2. Accused must be furnished with a copy of the complaint or information;
1) Arraignment is important for notifying the accused of the cause he is required to
meet. The accused has the right to be informed of the nature and cause of the
accusation against him (Borja v. Mendoza, 77 SCRA 422).

2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)