RULE 116 The time of the pendency of a motion to quash or for a

Arraignment and Plea bill of particulars or other causes justifying

Section 1. Arraignment and plea; how made. — suspension of the arraignment shall be excluded in
computing the period. (sec. 2, cir. 38-98)
(a) The accused must be arraigned before the court
where the complaint or information was filed or Section 2. Plea of guilty to a lesser offense. — At
assigned for trial. The arraignment shall be made in arraignment, the accused, with the consent of the
open court by the judge or clerk by furnishing the offended party and the prosecutor, may be allowed by
accused with a copy of the complaint or information, the trial court to plead guilty to a lesser offense which
reading the same in the language or dialect known to is necessarily included in the offense charged. After
him, and asking him whether he pleads guilty or not arraignment but before trial, the accused may still be
guilty. The prosecution may call at the trial witnesses allowed to plead guilty to said lesser offense after
other than those named in the complaint or withdrawing his plea of not guilty. No amendment of
information. the complaint or information is necessary. (sec. 4,
circ. 38-98)
(b) The accused must be present at the arraignment
and must personally enter his plea. Both arraignment Section 3. Plea of guilty to capital offense; reception
and plea shall be made of record, but failure to do so of evidence. — When the accused pleads guilty to a
shall not affect the validity of the proceedings. capital offense, the court shall conduct a searching
inquiry into the voluntariness and full comprehension
(c) When the accused refuses to plead or makes a
of the consequences of his plea and require the
conditional plea, a plea of not guilty shall be entered
prosecution to prove his guilt and the precise degree
for him. (1a)
of culpability. The accused may present evidence in
(d) When the accused pleads guilty but presents his behalf. (3a)
exculpatory evidence, his plea shall be deemed
Section 4. Plea of guilty to non-capital
withdrawn and a plea of not guilty shall be entered for
offense; reception of evidence, discretionary. —
him. (n)
When the accused pleads guilty to a non-capital
(e) When the accused is under preventive detention, offense, the court may receive evidence from the
his case shall be raffled and its records transmitted to parties to determine the penalty to be imposed. (4)
the judge to whom the case was raffled within three (3)
Section 5. Withdrawal of improvident plea of guilty. —
days from the filing of the information or complaint.
At any time before the judgment of conviction
The accused shall be arraigned within ten (10) days
becomes final, the court may permit an improvident
from the date of the raffle. The pre-trial conference of
plea of guilty to be withdrawn and be substituted by a
his case shall be held within ten (10) days after
plea of not guilty. (5)
arraignment. (n)
Section 6. Duty of court to inform accused of his right
(f) The private offended party shall be required to
to counsel. — Before arraignment, the court shall
appear at the arraignment for purposes of plea
inform the accused of his right to counsel and ask him
bargaining, determination of civil liability, and other
if he desires to have one. Unless the accused is
matters requiring his presence. In case of failure of the
allowed to defend himself in person or has employed
offended party to appear despite due notice, the court
a counsel of his choice, the court must assign a
may allow the accused to enter a plea of guilty to a
counsel de oficio to defend him. (6a)
lesser offense which is necessarily included in the
offense charged with the conformity of the trial Section 7. Appointment of counsel de oficio. — The
prosecutor alone. (cir. 1-89) court, considering the gravity of the offense and the
difficulty of the questions that may arise, shall appoint
(g) Unless a shorter period is provided by special law
as counsel de oficio only such members of the bar in
or Supreme Court circular, the arraignment shall be
good standing who, by reason of their experience and
held within thirty (30) days from the date the court
ability, can competently defend the accused. But in
acquires jurisdiction over the person of the accused.
localities where such members of the bar are not
available, the court may appoint any person, resident the period of suspension shall not exceed sixty (60)
of the province and of good repute for probity and days counted from the filing of the petition with the
ability, to defend the accused. (7a) reviewing office. (12a)

Section 8. Time for counsel de oficio to prepare for

arraignment. — Whenever a counsel de oficio is RULE 117
appointed by the court to defend the accused at the Motion to Quash
arraignment, he shall be given a reasonable time to Section 1. Time to move to quash. — At any time
consult with the accused as to his plea before before entering his plea, the accused may move to
proceeding with the arraignment. (8) quash the complaint or information. (1)

Section 9. Bill of particulars. — The accused may, Section 2. Form and contents. — The motion to quash
before arraignment, move for a bill of particulars to shall be in writing, signed by the accused or his
enable him properly to plead and to prepare for trial. counsel and shall distinctly specify its factual and
The motion shall specify the alleged defects of the legal grounds. The court shall consider no ground
complaint or information and the details desired. other than those stated in the motion, except lack of
(10a) jurisdiction over the offense charged. (2a)

Section 10. Production or inspection of material Section 3. Grounds. — The accused may move to
evidence in possession of prosecution. — Upon quash the complaint or information on any of the
motion of the accused showing good cause and with following grounds:
notice to the parties, the court, in order to prevent (a) That the facts charged do not constitute an offense;
surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection and (b) That the court trying the case has no jurisdiction
copying or photographing of any written statement over the offense charged;
given by the complainant and other witnesses in any
(c) That the court trying the case has no jurisdiction
investigation of the offense conducted by the
over the person of the accused;
prosecution or other investigating officers, as well as
any designated documents, papers, books, accounts, (d) That the officer who filed the information had no
letters, photographs, objects or tangible things not authority to do so;
otherwise privileged, which constitute or contain
(e) That it does not conform substantially to the
evidence material to any matter involved in the case
prescribed form;
and which are in the possession or under the control
of the prosecution, police, or other law investigating (f) That more than one offense is charged except when
agencies. (11a) a single punishment for various offenses is prescribed
by law;
Section 11. Suspension of arraignment. — Upon
motion by the proper party, the arraignment shall be (g) That the criminal action or liability has been
suspended in the following cases: extinguished;
(a) The accused appears to be suffering from an (h) That it contains averments which, if true, would
unsound mental condition which effective renders constitute a legal excuse or justification; and
him unable to fully understand the charge against him
and to plead intelligently thereto. In such case, the (i) That the accused has been previously convicted or
court shall order his mental examination and, if acquitted of the offense charged, or the case against
necessary, his confinement for such purpose; him was dismissed or otherwise terminated without
his express consent. (3a)
(b) There exists a prejudicial question; and
Section 4. Amendment of the complaint or
(c) A petition for review of the resolution of the information. — If the motion to quash is based on an
prosecutor is pending at either the Department of alleged defect of the complaint or information which
Justice, or the Office of the President; provided, that
can be cured by amendment, the court shall order that (a) the graver offense developed due to supervening
an amendment be made. (4a) facts arising from the same act or omission
constituting the former charge;
If it is based on the ground that the facts charged do
not constitute an offense, the prosecution shall be (b) the facts constituting the graver charge became
given by the court an opportunity to correct the defect known or were discovered only after a plea was
by amendment. The motion shall be granted if the entered in the former complaint or information; or
prosecution fails to make the amendment, or the
(c) the plea of guilty to the lesser offense was made
complaint or information still suffers from the same
without the consent of the prosecutor and of the
defect despite the amendment. (n)
offended party except as provided in section 1 (f) of
Section 5. Effect of sustaining the motion to quash. — Rule 116.
If the motion to quash is sustained, the court may
In any of the foregoing cases, where the accused
order that another complaint or information be filed
satisfies or serves in whole or in part the judgment, he
except as provided in section 6 of this rule. If the order
shall be credited with the same in the event of
is made, the accused, if in custody, shall not be
conviction for the graver offense. (7a)
discharged unless admitted to bail. If no order is made
or if having been made, no new information is filed Section 8. Provisional dismissal. — A case shall not
within the time specified in the order or within such be provisionally dismissed except with the express
further time as the court may allow for good cause, the consent of the accused and with notice to the
accused, if in custody, shall be discharged unless he offended party.
is also in custody for another charge. (5a)
The provisional dismissal of offenses punishable by
Section 6. Order sustaining the motion to quash not a imprisonment not exceeding six (6) years or a fine of
bar to another prosecution; exception. — An order any amount, or both, shall become permanent one (1)
sustaining the motion to quash is not a bar to another year after issuance of the order without the case
prosecution for the same offense unless the motion having been revived. With respect to offenses
was based on the grounds specified in section 3 (g) punishable by imprisonment of more than six (6)
and (i) of this Rule. (6a) years, their provisional dismissal shall become
permanent two (2) years after issuance of the order
Section 7. Former conviction or acquittal; double
without the case having been revived. (n)
jeopardy. — When an accused has been convicted or
acquitted, or the case against him dismissed or Section 9. Failure to move to quash or to allege any
otherwise terminated without his express consent by ground therefor. — The failure of the accused to assert
a court of competent jurisdiction, upon a valid any ground of a motion to quash before he pleads to
complaint or information or other formal charge the complaint or information, either because he did
sufficient in form and substance to sustain a not file a motion to quash or failed to allege the same
conviction and after the accused had pleaded to the in said motion, shall be deemed a waiver of any
charge, the conviction or acquittal of the accused or objections based on the grounds provided for in
the dismissal of the case shall be a bar to another paragraphs (a), (b), (g), and (i) of section 3 of this Rule.
prosecution for the offense charged, or for any
attempt to commit the same or frustration thereof, or RULE 118
for any offense which necessarily includes or is Pre-Trial
necessarily included in the offense charged in the Section 1. Pre-trial; mandatory in criminal cases. — In
former complaint or information. all criminal cases cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial Court,
However, the conviction of the accused shall not be a Municipal Trial Court in Cities, Municipal Trial Court
bar to another prosecution for an offense which and Municipal Circuit Trial Court, the court shall after
necessarily includes the offense charged in the former arraignment and within thirty (30) days from the date
complaint or information under any of the following the court acquires jurisdiction over the person of the
instances: accused, unless a shorter period is provided for in
special laws or circulars of the Supreme Court, order practicable until terminated. It may be postponed for
a pre-trial conference to consider the following: a reasonable period of time for good cause. (2a)

(a) plea bargaining; The court shall, after consultation with the prosecutor
and defense counsel, set the case for continuous trial
(b) stipulation of facts;
on a weekly or other short-term trial calendar at the
(c) marking for identification of evidence of the earliest possible time so as to ensure speedy trial. In
parties; no case shall the entire trial period exceed one
hundred eighty (180) days from the first day of trial,
(d) waiver of objections to admissibility of evidence; except as otherwise authorized by the Supreme Court.
(e) modification of the order of trial if the accused (sec. 8, cir. 38-98).
admits the charge but interposes a lawful defense; The time limitations provided under this section and
and the preceding section shall not apply where special
(f) such other matters as will promote a fair and laws or circulars of the Supreme Court provide for a
expeditious trial of the criminal and civil aspects of the shorter period of trial. (n)
case. (secs. 2 and 3, cir. 38-98) Section 3. Exclusions. — The following periods of
Section 2. Pre-trial agreement. — All agreements or delay shall be excluded in computing the time within
admissions made or entered during the pre-trial which trial must commence:
conference shall be reduced in writing and signed by (a) Any period of delay resulting from other
the accused and counsel, otherwise, they cannot be proceedings concerning the accused, including but
used against the accused. The agreements covering not limited to the following:
the matters referred to in section 1 of this Rule shall be
approved by the court. (sec. 4, cir. 38-98) (1) Delay resulting from an examination of the physical
and mental condition of the accused;
Section 3. Non-appearance at pre-trial conference.
— If the counsel for the accused or the prosecutor (2) Delay resulting from proceedings with respect to
does not appear at the pre-trial conference and does other criminal charges against the accused;
not offer an acceptable excuse for his lack of
(3) Delay resulting from extraordinary remedies
cooperation, the court may impose proper sanctions
against interlocutory orders;
or penalties. (se. 5, cir. 38-98)
(4) Delay resulting from pre-trial proceedings;
Section 4. Pre-trial order. — After the pre-trial
provided, that the delay does not exceed thirty (30)
conference, the court shall issue an order reciting the
days;
actions taken, the facts stipulated, and evidence
marked. Such order shall bind the parties, limit the (5) Delay resulting from orders of inhibition, or
trial to matters not disposed of, and control the course proceedings relating to change of venue of cases or
of the action during the trial, unless modified by the transfer from other courts;
court to prevent manifest injustice. (3)
(6) Delay resulting from a finding of the existence of a
RULE 119 prejudicial question; and
Trial
(7) Delay reasonably attributable to any period, not
Section 1. Time to prepare for trial. — After a plea of
exceed thirty (30) days, during which any proceeding
not guilty is entered, the accused shall have at least
which any proceeding concerning the accused is
fifteen (15) days to prepare for trial. The trial shall
actually under advisement.
commence within thirty (30) days from receipt of the
pre-trial order. (sec. 6, cir. 38-98) (b) Any period of delay resulting from the absence or
unavailability of an essential witness.
Section 2. Continuous trial until
terminated; postponements. — Trial once For purposes of this subparagraph, an essential
commenced shall continue from day to day as far as witness shall be considered absent when his
whereabouts are unknown or his whereabouts cannot failure to obtain available witnesses on the part of the
be determined by due diligence. He shall be prosecutor. (sec. 10, cir. 38-98)
considered unavailable whenever his whereabouts
Section 5. Time limit following an order for new trial.
are known but his presence for trial cannot be
— If the accused is to be tried again pursuant to an
obtained by due diligence.
order for a new trial, the trial shall commence within
(c) Any period of delay resulting from the mental thirty (30) days from notice of the order, provided that
incompetence or physical inability of the accused to if the period becomes impractical due to unavailability
stand trial. of witnesses and other factors, the court may extend it
but not to exceed one hundred eighty (180) days from
(d) If the information is dismissed upon motion of the
notice of said order for a new trial. (sec. 11, cir. 38-98)
prosecution and thereafter a charge is filed against the
accused for the same offense, any period of delay Section 6. Extended time limit. — Notwithstanding
from the date the charge was dismissed to the date the provisions of section 1(g), Rule 116 and the
the time limitation would commence to run as to the preceding section 1, for the first twelve-calendar-
subsequent charge had there been no previous month period following its effectivity on September
charge. 15, 1998, the time limit with respect to the period from
arraignment to trial imposed by said provision shall be
(e) A reasonable period of delay when the accused is
one hundred eighty (180) days. For the second twelve-
joined for trial with a co-accused over whom the court
month period, the limit shall be one hundred twenty
has not acquired jurisdiction, or, as to whom the time
(120) days, and for the third twelve-month period, the
for trial has not run and no motion for separate trial
time limit shall be eighty (80) days. (sec. 7, cir. 38-98)
has been granted.
Section 7. Public attorney's duties where accused is
(f) Any period of delay resulting from a continuance
imprisoned. — If the public attorney assigned to
granted by any court motu proprio, or on motion of
defend a person charged with a crime knows that the
either the accused or his counsel, or the prosecution,
latter is preventively detained, either because he is
if the court granted the continuance on the basis of its
charged with a bailable crime but has no means to
findings set forth in the order that the ends of justice
post bail, or, is charged with a non-bailable crime, or,
served by taking such action outweigh the best
is serving a term of imprisonment in any penal
interest of the public and the accused in a speedy trial.
institution, it shall be his duty to do the following:
(sec. 9, cir. 38-98)
(a) Shall promptly undertake to obtain the presence of
Section 4. Factors for granting continuance. — The
the prisoner for trial or cause a notice to be served on
following factors, among others, shall be considered
the person having custody of the prisoner requiring
by a court in determining whether to grant a
such person to so advise the prisoner of his right to
continuance under section 3(f) of this Rule.
demand trial.
(a) Whether or not the failure to grant a continuance in
(b) Upon receipt of that notice, the custodian of the
the proceeding would likely make a continuation of
prisoner shall promptly advise the prisoner of the
such proceeding impossible or result in a miscarriage
charge and of his right to demand trial. If at anytime
of justice; and
thereafter the prisoner informs his custodian that he
(b) Whether or not the case taken as a whole is so demands such trial, the latter shall cause notice to
novel, unusual and complex, due to the number of that effect to sent promptly to the public attorney.
accused or the nature of the prosecution, or that it is
(c) Upon receipt of such notice, the public attorney
unreasonable to expect adequate preparation within
shall promptly seek to obtain the presence of the
the periods of time established therein.
prisoner for trial.
In addition, no continuance under section 3(f) of this
(d) When the custodian of the prisoner receives from
Rule shall be granted because of congestion of the
the public attorney a properly supported request for
court's calendar or lack of diligent preparation or
the availability of the prisoner for purposes of trial, the
prisoner shall be made available accordingly. (sec. 12, Section 10. Law on speedy trial not a bar to provision
cir. 38-98) on speedy trial in the Constitution. — No provision of
law on speedy trial and no rule implementing the
Section 8. Sanctions. — In any case in which private
same shall be interpreted as a bar to any charge of
counsel for the accused, the public attorney, or the
denial of the right to speedy trial guaranteed by
prosecutor.
section 14(2), article III, of the 1987 Constitution. (sec.
(a) Knowingly allows the case to be set for trial without 15, cir. 38-98)
disclosing that a necessary witness would be
Section 11. Order of trial. — The trial shall proceed in
unavailable for trial;
the following order:
(b) Files a motion solely for delay which he knows is
(a) The prosecution shall present evidence to prove
totally frivolous and without merit;
the charge and, in the proper case, the civil liability.
(c) Makes a statement for the purpose of obtaining
(b) The accused may present evidence to prove his
continuance which he knows to be false and which is
defense, and damages, if any, arising from the
material to the granting of a continuance; or
issuance of a provisional remedy in the case.
(d) Willfully fails to proceed to trial without
(c) The prosecution and the defense may, in that order,
justification consistent with the provisions hereof, the
present rebuttal and sur-rebuttal evidence unless the
court may punish such counsel, attorney, or
court, in furtherance of justice, permits them to
prosecution, as follows:
present additional evidence bearing upon the main
(1) By imposing on a counsel privately retained in issue.
connection with the defense of an accused, a fine not
(d) Upon admission of the evidence of the parties, the
exceeding twenty thousand pesos (P20,000.00);
case shall be deemed submitted for decision unless
(2) By imposing on any appointed counsel de oficio, the court directs them to argue orally or to submit
public attorney, or prosecutor a fine not exceeding five written memoranda.
thousand pesos (P5,000.00); and
(e) When the accused admits the act or omission
(3) By denying any defense counsel or prosecutor the charged in the complaint or information but
right to practice before the court trying the case for a interposes a lawful defense, the order of trial may be
period not exceeding thirty (30) days. The punishment modified. (3a)
provided for by this section shall be without prejudice
Section 12. Application for examination of witness for
to any appropriate criminal action or other sanction
accused before trial. — When the accused has been
authorized under these rules. (sec. 13, cir. 38-98)
held to answer for an offense, he may, upon motion
Section 9. Remedy where accused is not brought to with notice to the other parties, have witnesses
trial within the time limit. — If the accused is not conditionally examined in his behalf. The motion shall
brought to trial within the time limit required by state: (a) the name and residence of the witness; (b)
Section 1(g), Rule 116 and Section 1, as extended by the substance of his testimony; and (c) that the
Section 6 of this rule, the information may be witness is sick or infirm as to afford reasonable ground
dismissed on motion of the accused on the ground of for believing that he will not be able to attend the trial,
denial of his right of speedy trial. The accused shall or resides more than one hundred (100) kilometers
have the burden of proving the motion but the from the place of trial and has no means to attend the
prosecution shall have the burden of going forward same, or that other similar circumstances exist that
with the evidence to establish the exclusion of time would make him unavailable or prevent him from
under section 3 of this rule. The dismissal shall be attending the trial. The motion shall be supported by
subject to the rules on double jeopardy. an affidavit of the accused and such other evidence as
the court may require. (4a)
Failure of the accused to move for dismissal prior to
trial shall constitute a waiver of the right to dismiss
under this section. (sec. 14, cir. 38-98)
Section 13. Examination of defense witness; how Section 17. Discharge of accused to be state witness.
made. — If the court is satisfied that the examination — When two or more persons are jointly charged with
of a witness for the accused is necessary, an order will the commission of any offense, upon motion of the
be made directing that the witness be examined at a prosecution before resting its case, the court may
specified date, time and place and that a copy of the direct one or more of the accused to be discharged
order be served on the prosecutor at least three (3) with their consent so that they may be witnesses for
days before the scheduled examination. The the state when, after requiring the prosecution to
examination shall be taken before a judge, or, if not present evidence and the sworn statement of each
practicable, a member of the Bar in good standing so proposed state witness at a hearing in support of the
designated by the judge in the order, or if the order be discharge, the court is satisfied that:
made by a court of superior jurisdiction, before an
(a) There is absolute necessity for the testimony of the
inferior court to be designated therein. The
accused whose discharge is requested;
examination shall proceed notwithstanding the
absence of the prosecutor provided he was duly (b) The is no other direct evidence available for the
notified of the hearing. A written record of the proper prosecution of the offense committed, except
testimony shall be taken. (5a) the testimony of said accused;
Section 14. Bail to secure appearance of material (c) The testimony of said accused can be substantially
witness. — When the court is satisfied, upon proof or corroborated in its material points;
oath, that a material witness will not testify when
required, it may, upon motion of either party, order the (d) Said accused does not appear to be the most
witness to post bail in such sum as may be deemed guilty; and
proper. Upon refusal to post bail, the court shall (e) Said accused has not at any time been convicted
commit him to prison until he complies or is legally of any offense involving moral turpitude.
discharged after his testimony has been taken. (6a)
Evidence adduced in support of the discharge shall
Section 15. Examination of witness for the automatically form part of the trial. If the court denies
prosecution. — When it satisfactorily appears that a the motion for discharge of the accused as state
witness for the prosecution is too sick or infirm to witness, his sworn statement shall be inadmissible in
appear at the trial as directed by the order of the court, evidence. (9a)
or has to leave the Philippines with no definite date of
returning, he may forthwith be conditionally examined Section 18. Discharge of accused operates as
before the court where the case is pending. Such acquittal. — The order indicated in the preceding
examination, in the presence of the accused, or in his section shall amount to an acquittal of the discharged
absence after reasonable notice to attend the accused and shall be a bar to future prosecution for
examination has been served on him, shall be the same offense, unless the accused fails or refuses
conducted in the same manner as an examination at to testify against his co-accused in accordance with
the trial. Failure or refusal of the accused to attend the his sworn statement constituting the basis for the
examination after notice shall be considered a waiver. discharge. (10a)
The statement taken may be admitted in behalf of or Section 19. When mistake has been made in charging
against the accused. (7a) the proper offense. — When it becomes manifest at
Section 16. Trial of several accused. — When two or any time before judgment that a mistake has been
more accused are jointly charged with any offense, made in charging the proper offense and the accused
they shall be tried jointly unless the court, in its cannot be convicted of the offense charged or any
discretion and upon motion of the prosecutor or any other offense necessarily included therein, the
accused, orders separate trial for one or more accused shall not be discharged if there appears good
accused. (8a) cause to detain him. In such case, the court shall
commit the accused to answer for the proper offense
and dismiss the original case upon the filing of the
proper information. (11a)
Section 20. Appointment of acting prosecutor. — be reviewable by appeal or by certiorari before
When a prosecutor, his assistant or deputy is judgment. (n)
disqualified to act due to any of the grounds stated in
Section 24. Reopening. — At any time before finality
section 1 of Rule 137 or for any other reasons, the
of the judgment of conviction, the judge may, motu
judge or the prosecutor shall communicate with the
proprio or upon motion, with hearing in either case,
Secretary of Justice in order that the latter may
reopen the proceedings to avoid a miscarrage of
appoint an acting prosecutor. (12a)
justice. The proceedings shall be terminated within
Section 21. Exclusion of the public. — The judge thirty (30) days from the order grating it. (n)
may, motu proprio, exclude the public from the
RULE 120
courtroom if the evidence to be produced during the
Judgment
trial is offensive to decency or public morals. He may
Section 1. Judgment definition and form. — Judgment
also, on motion of the accused, exclude the public
is the adjudication by the court that the accused is
from the trial, except court personnel and the counsel
guilty or not guilty of the offense charged and the
of the parties. (13a)
imposition on him of the proper penalty and civil
Section 22. Consolidation of trials of related offenses. liability, if any. It must be written in the official
— Charges for offenses founded on the same facts or language, personally and directly prepared by the
forming part of a series of offenses of similar character judge and signed by him and shall contain clearly and
may be tried jointly at the discretion of the court. (14a) distinctly a statement of the facts and the law upon
which it is based. (1a)
Section 23. Demurrer to evidence. — After the
prosecution rests its case, the court may dismiss the Section 2. Contents of the judgment. — If the
action on the ground of insufficiency of evidence (1) judgment is of conviction, it shall state (1) the legal
on its own initiative after giving the prosecution the qualification of the offense constituted by the acts
opportunity to be heard or (2) upon demurrer to committed by the accused and the aggravating or
evidence filed by the accused with or without leave of mitigating circumstances which attended its
court. commission; (2) the participation of the accused in
the offense, whether as principal, accomplice, or
If the court denies the demurrer to evidence filed with
accessory after the fact; (3) the penalty imposed upon
leave of court, the accused may adduce evidence in
the accused; and (4) the civil liability or damages
his defense. When the demurrer to evidence is filed
caused by his wrongful act or omission to be
without leave of court, the accused waives the right to
recovered from the accused by the offended party, if
present evidence and submits the case for judgment
there is any, unless the enforcement of the civil
on the basis of the evidence for the prosecution. (15a)
liability by a separate civil action has been reserved or
The motion for leave of court to file demurrer to waived.
evidence shall specifically state its grounds and shall
In case the judgment is of acquittal, it shall state
be filed within a non-extendible period of five (5) days
whether the evidence of the prosecution absolutely
after the prosecution rests its case. The prosecution
failed to prove the guilt of the accused or merely failed
may oppose the motion within a non-extendible
to prove his guilt beyond reasonable doubt. In either
period of five (5) days from its receipt.
case, the judgment shall determine if the act or
If leave of court is granted, the accused shall file the omission from which the civil liability might arise did
demurrer to evidence within a non-extendible period not exist. (2a)
of ten (10) days from notice. The prosecution may
Section 3. Judgment for two or more offenses. —
oppose the demurrer to evidence within a similar
When two or more offenses are charged in a single
period from its receipt.
complaint or information but the accused fails to
The order denying the motion for leave of court to file object to it before trial, the court may convict him of as
demurrer to evidence or the demurrer itself shall not many offenses as are charged and proved, and
impose on him the penalty for each offense, setting
out separately the findings of fact and law in each prison, the notice to him shall be served at his last
offense. (3a) known address.

Section 4. Judgment in case of variance between In case the accused fails to appear at the scheduled
allegation and proof. — When there is variance date of promulgation of judgment despite notice, the
between the offense charged in the complaint or promulgation shall be made by recording the
information and that proved, and the offense as judgment in the criminal docket and serving him a
charged is included in or necessarily includes the copy thereof at his last known address or thru his
offense proved, the accused shall be convicted of the counsel.
offense proved which is included in the offense
If the judgment is for conviction and the failure of the
charged, or of the offense charged which is included
accused to appear was without justifiable cause, he
in the offense proved. (4a)
shall lose the remedies available in these rules against
Section 5. When an offense includes or is included in the judgment and the court shall order his arrest.
another. — An offense charged necessarily includes Within fifteen (15) days from promulgation of
the offense proved when some of the essential judgment, however, the accused may surrender and
elements or ingredients of the former, as alleged in the file a motion for leave of court to avail of these
complaint or information, constitute the latter. And an remedies. He shall state the reasons for his absence
offense charged is necessarily included in the offense at the scheduled promulgation and if he proves that
proved, when the essential ingredients of the former his absence was for a justifiable cause, he shall be
constitute or form a part of those constituting the allowed to avail of said remedies within fifteen (15)
latter. (5a) days from notice. (6a)

Section 6. Promulgation of judgment. — The Section 7. Modification of judgment. — A judgment of

judgment is promulgated by reading it in the presence conviction may, upon motion of the accused, be
of the accused and any judge of the court in which it modified or set aside before it becomes final or before
was rendered. However, if the conviction is for a light appeal is perfected. Except where the death penalty is
offense, the judgment may be pronounced in the imposed, a judgment becomes final after the lapse of
presence of his counsel or representative. When the the period for perfecting an appeal, or when the
judge is absent or outside of the province or city, the sentence has been partially or totally satisfied or
judgment may be promulgated by the clerk of court. served, or when the accused has waived in writing his
right to appeal, or has applied for probation. (7a)
If the accused is confined or detained in another
province or city, the judgment may be promulgated by Section 8. Entry of judgment. — After a judgment has
the executive judge of the Regional Trial Court having become final, it shall be entered in accordance with
jurisdiction over the place of confinement or Rule 36. (8)
detention upon request of the court which rendered
Section 9. Existing provisions governing suspension
the judgment. The court promulgating the judgment
of sentence, probation and parole not affected by this
shall have authority to accept the notice of appeal and
Rule. — Nothing in this Rule shall affect any existing
to approve the bail bond pending appeal; provided,
provisions in the laws governing suspension of
that if the decision of the trial court convicting the
sentence, probation or parole. (9a)
accused changed the nature of the offense from non-
bailable to bailable, the application for bail can only RULE 121
be filed and resolved by the appellate court. New Trial or Reconsideration
Section 1. New trial or reconsideration. — At any time
The proper clerk of court shall give notice to the
before a judgment of conviction becomes final, the
accused personally or through his bondsman or
court may, on motion of the accused or at its own
warden and counsel, requiring him to be present at the
instance but with the consent of the accused, grant a
promulgation of the decision. If the accused tried in
new trial or reconsideration. (1a)
absentia because he jumped bail or escaped from
Section 2. Grounds for a new trial. — The court shall (c) In all cases, when the court grants new trial or
grant a new trial on any of the following grounds: reconsideration, the original judgment shall be set
aside or vacated and a new judgment rendered
(a) The errors of law or irregularities prejudicial to the
accordingly. (6a)
substantial rights of the accused have been
committed during the trial; RULE 122
Appeal
(b) The new and material evidence has been
Section 1. Who may appeal. — Any party may appeal
discovered which the accused could not with
from a judgment or final order, unless the accused will
reasonable diligence have discovered and produced
be placed in double jeopardy. (2a)
at the trial and which if introduced and admitted
would probably change the judgment. (2a) Section 2. Where to appeal. — The appeal may be
taken as follows:
Section 3. Ground for reconsideration. — The court
shall grant reconsideration on the ground of errors of (a) To the Regional Trial Court, in cases decided by the
law or fact in the judgment, which requires no further Metropolitan Trial Court, Municipal Trial Court in
proceedings. (3a) Cities, Municipal Trial Court, or Municipal Circuit Trial
Court;
Section 4. Form of motion and notice to the
prosecutor. — The motion for a new trial or (b) To the Court of Appeals or to the Supreme Court in
reconsideration shall be in writing and shall state the the proper cases provided by law, in cases decided by
grounds on which it is based. If based on a newly- the Regional Trial Court; and
discovered evidence, the motion must be supported
(c) To the Supreme Court, in cases decided by the
by affidavits of witnesses by whom such evidence is
Court of Appeals. (1a)
expected to be given or by duly authenticated copies
of documents which are proposed to be introduced in Section 3. How appeal taken. —
evidence. Notice of the motion for new trial or
reconsideration shall be given to the prosecutor. (4a) (a) The appeal to the Regional Trial Court, or to the
Court of Appeals in cases decided by the Regional
Section 5. Hearing on motion. — Where a motion for Trial Court in the exercise of its original jurisdiction,
a new trial calls for resolution of any question of fact, shall be taken by filing a notice of appeal with the court
the court may hear evidence thereon by affidavits or which rendered the judgment or final order appealed
otherwise. (5a) from and by serving a copy thereof upon the adverse
party.
Section 6. Effects of granting a new trial or
reconsideration. — The effects of granting a new trial (b) The appeal to the Court of Appeals in cases
or reconsideration are the following: decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be by petition for review
(a) When a new trial is granted on the ground of errors
under Rule 42.
of law or irregularities committed during the trial, all
proceedings and evidence affected thereby shall be (c) The appeal to the Supreme Court in cases where
set aside and taken anew. The court may, in the the penalty imposed by the Regional Trial Court is
interest of justice, allow the introduction of additional death, reclusion perpetua, or life imprisonment, or
evidence. where a lesser penalty is imposed but for offenses
committed on the same occasion or which arose out
(b) When a new trial is granted on the ground of newly-
of the same occurrence that gave rise to the more
discovered evidence, the evidence already adduced
serious offense for which the penalty of
shall stand and the newly-discovered and such other
death, reclusion perpetua, or life imprisonment is
evidence as the court may, in the interest of justice,
imposed, shall be by filing a notice of appeal in
allow to be introduced shall be taken and considered
accordance with paragraph (a) of this section.
together with the evidence already in the record.
(d) No notice of appeal is necessary in cases where
the death penalty is imposed by the Regional Trial
Court. The same shall be automatically reviewed by except by the Supreme Court and only upon justifiable
the Supreme Court as provided in section 10 of this grounds. (7a)
Rule.
Section 8. Transmission of papers to appellate court
(e) Except as provided in the last paragraph of section upon appeal. — Within five (5) days from the filing of
13, Rule 124, all other appeals to the Supreme Court the notice of appeal, the clerk of the court with whom
shall be by petition for review on certiorari under Rules the notice of appeal was filed must transmit to the
45. (3a) clerk of court of the appellate court the complete
record of the case, together with said notice. The
Section 4. Publication of notice of appeal. — If
original and three copies of the transcript of
personal service of the copy of the notice of appeal
stenographic notes, together with the records, shall
can not be made upon the adverse party or his
also be transmitted to the clerk of the appellate court
counsel, service may be done by registered mail or by
without undue delay. The other copy of the transcript
substituted service pursuant to sections 7 and 8 of
shall remain in the lower court. (8a)
Rule 13. (4a)
Section 9. Appeal to the Regional Trial Courts. —
Section 5. Waiver of notice. — The appellee may
waive his right to a notice that an appeal has been (a) Within five (5) days from perfection of the appeal,
taken. The appellate court may, in its discretion, the clerk of court shall transmit the original record to
entertain an appeal notwithstanding failure to give the appropriate Regional Trial Court.
such notice if the interests of justice so require. (5a)
(b) Upon receipt of the complete record of the case,
Section 6. When appeal to be taken. — An appeal transcripts and exhibits, the clerk of court of the
must be taken within fifteen (15) days from Regional Trial Court shall notify the parties of such
promulgation of the judgment or from notice of the fact.
final order appealed from. This period for perfecting an
(c) Within fifteen (15) days from receipt of the said
appeal shall be suspended from the time a motion for
notice, the parties may submit memoranda or briefs,
new trial or reconsideration is filed until notice of the
or may be required by the Regional Trial Court to do so.
order overruling the motion shall have been served
After the submission of such memoranda or briefs, or
upon the accused or his counsel at which time the
upon the expiration of the period to file the same, the
balance of the period begins to run. (6a)
Regional Trial Court shall decide the case on the basis
Section 7. Transcribing and filing notes of of the entire record of the case and of such
stenographic reporter upon appeal. — When notice of memoranda or briefs as may have been filed. (9a)
appeal is filed by the accused, the trial court shall
Section 10. Transmission of records in case of death
direct the stenographic reporter to transcribe his
penalty. — In all cases where the death penalty is
notes of the proceedings. When filed by the People of
imposed by the trial court, the records shall be
the Philippines, the trial court shall direct the
forwarded to the Supreme Court for automatic review
stenographic reporter to transcribe such portion of his
and judgment within five (5) days after the fifteenth
notes of the proceedings as the court, upon motion,
(15) day following the promulgation of the judgment or
shall specify in writing. The stenographic reporter
notice of denial of a motion for new trial or
shall certify to the correctness of the notes and the
reconsideration. The transcript shall also be
transcript thereof, which shall consist of the original
forwarded within ten (10) days after the filing thereof
and four copies, and shall file the original and four
by the stenographic reporter. (10a)
copies with the clerk without unnecessary delay.
Section 11. Effect of appeal by any of several
If death penalty is imposed, the stenographic reporter
accused. —
shall, within thirty (30) days from promulgation of the
sentence, file with the clerk original and four copies of (a) An appeal taken by one or more of several accused
the duly certified transcript of his notes of the shall not affect those who did not appeal, except
proceedings. No extension of time for filing of said insofar as the judgment of the appellate court is
transcript of stenographic notes shall be granted favorable and applicable to the latter;
(b) The appeal of the offended party from the civil RULE 124
aspect shall not affect the criminal aspect of the Procedure in the Court of Appeals
judgment or order appealed from. Section 1. Title of the case. — In all criminal cases
appealed to the Court of Appeals, the party appealing
(c) Upon perfection of the appeal, the execution of the
the case shall be called the "appellant" and the
judgment or final order appealed from shall be stayed
adverse party the "appellee," but the title of the case
as to the appealing party. (11a)
shall remain as it was in the court of origin. (1a)
Section 12. Withdrawal of appeal. — Notwithstanding
Section 2. Appointment of counsel de oficio for the
the perfection of the appeal, the Regional Trial Court,
accused. — If it appears from the record of the case as
Metropolitan Trial Court, Municipal Trial Court in
transmitted that (a) the accused is confined in prison,
Cities, Municipal Trial Court, or Municipal Circuit Trial
(b) is without counsel de parte on appeal, or (c) has
Court, as the case may be, may allow the appellant to
signed the notice of appeal himself, the clerk of court
withdraw his appeal before the record has been
of the Court of Appeals shall designate a counsel de
forwarded by the clerk of court to the proper appellate
oficio.
court as provided in section 8, in which case the
judgment shall become final. The Regional Trial Court An appellant who is not confined in prison may, upon
may also, in its discretion, allow the appellant from request, be assigned a counsel de oficio within ten
the judgment of a Metropolitan Trial Court, Municipal (10) days from receipt of the notice to file brief and he
Trial Court in Cities, Municipal Trial Court, or establishes his right thereto. (2a)
Municipal Circuit Trial Court to withdraw his appeal,
Section 3. When brief for appellant to be filed. —
provided a motion to that effect is filed before
Within thirty (30) days from receipt by the appellant or
rendition of the judgment in the case on appeal, in
his counsel of the notice from the clerk of court of the
which case the judgment of the court of origin shall
Court of Appeals that the evidence, oral and
become final and the case shall be remanded to the
documentary, is already attached to the record, the
latter court for execution of the judgment. (12a)
appellant shall file seven (7) copies of his brief with the
Section 13. Appointment of counsel de oficio for clerk of court which shall be accompanied by proof of
accused on appeal. — It shall be the duty of the clerk service of two (2) copies thereof upon the appellee.
of the trial court, upon filing of a notice of appeal, to (3a)
ascertain from the appellant, if confined in prison,
Section 4. When brief for appellee to be filed; reply
whether he desires the Regional Trial Court, Court of
brief of the appellant. — Within thirty (30) days from
Appeals or the Supreme Court to appoint a counsel de
the receipt of the brief of the appellant, the appellee
oficio to defend him and to transmit with the record on
shall file seven (7) copies of the brief of the appellee
a form to be prepared by the clerk of court of the
with the clerk of court which shall be accompanied by
appellate court, a certificate of compliance with this
proof of service of two (2) copies thereof upon the
duty and of the response of the appellant to his
appellant.
inquiry. (13a)
Within twenty (20) days from receipt of the brief of the
RULE 123
appellee, the appellant may file a reply brief traversing
Procedure in the Municipal Trial Courts
matters raised in the former but not covered in the
Section 1. Uniform Procedure. — The procedure to be
brief of the appellant. (4a)
observed in the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial Courts shall be Section 5. Extension of time for filing briefs. —
the same as in the Regional Trial Courts, except where Extension of time for the filing of briefs will not be
a particular provision applies only to either of said allowed except for good and sufficient cause and only
courts and in criminal cases governed by the Revised if the motion for extension is filed before the expiration
Rule on Summary Procedure. (1a) of the time sought to be extended. (5a)

Section 6. Form of briefs. — Briefs shall either be

printed, encoded or typewritten in double space on
the legal size good quality unglazed paper, 330 mm. in based only on the ground of newly-discovered
length by 216 mm. in width. (6a) evidence. (12a)

Section 7. Contents of brief. — The briefs in criminal Section 13. Quorum of the court; certification or
cases shall have the same contents as provided in appeal of cases to Supreme Court. — Three (3)
sections 13 and 14 of Rule 44. A certified true copy of Justices of the Court of Appeals shall constitute
the decision or final order appealed from shall be a quorum for the sessions of a division. The
appended to the brief of appellant. (7a) unanimous vote of the three (3) Justices of a division
shall be necessary for the pronouncement of a
Section 8. Dismissal of appeal for abandonment or
judgment or final resolution, which shall be reached in
failure to prosecute. — The Court of Appeals may,
consultation before the writing of the opinion by a
upon motion of the appellee or motu proprio and with
member of the division. In the event that the three (3)
notice to the appellant in either case, dismiss the
Justices can not reach a unanimous vote, the
appeal if the appellant fails to file his brief within the
Presiding Justice shall direct the raffle committee of
time prescribed by this Rule, except where the
the Court to designate two (2) additional Justices to sit
appellant is represented by a counsel de oficio.
temporarily with them, forming a special division of
The Court of Appeals may also, upon motion of the five (5) members and the concurrence of a majority of
appellee or motu proprio, dismiss the appeal if the such division shall be necessary for the
appellant escapes from prison or confinement, jumps pronouncement of a judgment or final resolution. The
bail or flees to a foreign country during the pendency designation of such additional Justices shall be made
of the appeal. (8a) strictly by raffle and rotation among all other Justices
of the Court of Appeals.
Section 9. Prompt disposition of appeals. — Appeals
of accused who are under detention shall be given Whenever the Court of Appeals finds that the penalty
precedence in their disposition over other appeals. of death, reclusion perpetua, or life imprisonment
The Court of Appeals shall hear and decide the appeal should be imposed in a case, the court, after
at the earliest practicable time with due regard to the discussion of the evidence and the law involved, shall
rights of the parties. The accused need not be present render judgment imposing the penalty of
in court during the hearing of the appeal. (9a) death, reclusion perpetua, or life imprisonment as the
circumstances warrant. However, it shall refrain from
Section 10. Judgment not to be reversed or modified entering the judgment and forthwith certify the case
except for substantial error. — No judgment shall be and elevate the entire record thereof to the Supreme
reversed or modified unless the Court of Appeals, Court for review. (13a)
after an examination of the record and of the evidence
adduced by the parties, is of the opinion that error was Section 14. Motion for new trial. — At any time after
committed which injuriously affected the substantial the appeal from the lower court has been perfected
rights of the appellant. (10a) and before the judgment of the Court of Appeals
convicting the appellant becomes final, the latter may
Section 11. Scope of judgment. — The Court of move for a new trial on the ground of newly-discovered
Appeals may reverse, affirm, or modify the judgment evidence material to his defense. The motion shall
and increase or reduce the penalty imposed by the conform with the provisions of section 4, Rule 121.
trial court, remand the case to the Regional Trial Court (14a)
for new trial or retrial, or dismiss the case. (11a)
Section 15. Where new trial conducted. — When a
Section 12. Power to receive evidence — The Court of new trial is granted, the Court of Appeals may conduct
Appeals shall have the power to try cases and conduct the hearing and receive evidence as provided in
hearings, receive evidence and perform any and all section 12 of this Rule or refer the trial to the court of
acts necessary to resolve factual issues raised in origin. (15a)
cases (a) falling within its original jurisdiction, (b)
involving claims for damages arising from provisional Section 16. Reconsideration. — A motion for
remedies, or (c) where the court grants a new trial reconsideration shall be filed within fifteen (15) days
after from notice of the decision or final order of the search for personal property described therein and
Court of Appeals, with copies served upon the bring it before the court. (1)
adverse party, setting forth the grounds in support
Section 2. Court where application for search warrant
thereof. The mittimus shall be stayed during the
shall be filed. — An application for search warrant
pendency of the motion for reconsideration. No party
shall be filed with the following:
shall be allowed a second motion for reconsideration
of a judgment or final order. (16a) a) Any court within whose territorial jurisdiction a
crime was committed.
Section 17. Judgment transmitted and filed in trial
court. — When the entry of judgment of the Court of b) For compelling reasons stated in the application,
Appeals is issued, a certified true copy of the any court within the judicial region where the crime
judgment shall be attached to the original record was committed if the place of the commission of the
which shall be remanded to the clerk of the court from crime is known, or any court within the judicial region
which the appeal was taken. (17a) where the warrant shall be enforced.
Section 18. Application of certain rules in civil to However, if the criminal action has already been filed,
criminal cases. — The provisions of Rules 42, 44 to 46 the application shall only be made in the court where
and 48 to 56 relating to procedure in the Court of the criminal action is pending. (n)
Appeals and in the Supreme Court in original and
appealed civil cases shall be applied to criminal cases Section 3. Personal property to be seized. — A search
insofar as they are applicable and not inconsistent warrant may be issued for the search and seizure of
with the provisions of this Rule. (18a) personal property:

RULE 125 (a) Subject of the offense;

Procedure in the Supreme Court (b) Stolen or embezzled and other proceeds, or fruits
Section 1. Uniform procedure. — Unless otherwise of the offense; or
provided by the Constitution or by law, the procedure
in the Supreme Court in original and in appealed (c) Used or intended to be used as the means of
cases shall be the same as in the Court of Appeals. committing an offense. (2a)

Section 2. Review of decisions of the Court of Section 4. Requisites for issuing search warrant. — A
Appeals. — The procedure for the review by the search warrant shall not issue except upon probable
Supreme Court of decisions in criminal cases cause in connection with one specific offense to be
rendered by the Court of Appeals shall be the same as determined personally by the judge after examination
in civil cases. (2a) under oath or affirmation of the complainant and the
witnesses he may produce, and particularly
Section 3. Decision if opinion is equally divided. — describing the place to be searched and the things to
When the Supreme Court en banc is equally divided in be seized which may be anywhere in the Philippines.
opinion or the necessary majority cannot be had on
whether to acquit the appellant, the case shall again Section 5. Examination of complainant; record. —
be deliberated upon and if no decision is reached after The judge must, before issuing the warrant, personally
re-deliberation, the judgment of conviction of the examine in the form of searching questions and
lower court shall be reversed and the accused answers, in writing and under oath, the complainant
acquitted. (3a) and the witnesses he may produce on facts personally
known to them and attach to the record their sworn
RULE 126 statements, together with the affidavits submitted.
Search and Seizure
Section 1. Search warrant defined. — A search Section 6. Issuance and form of search warrant. — If
warrant is an order in writing issued in the name of the the judge is satisfied of the existence of facts upon
People of the Philippines, signed by a judge and which the application is based or that there is
directed to a peace officer, commanding him to probable cause to believe that they exist, he shall
issue the warrant, which must be substantially in the judge shall ascertain whether section 11 of this Rule
form prescribed by these Rules. (5a) has been complained with and shall require that the
property seized be delivered to him. The judge shall
Section 7. Right to break door or window to effect
see to it that subsection (a) hereof has been complied
search. — The officer, if refused admittance to the
with.
place of directed search after giving notice of his
purpose and authority, may break open any outer or (c) The return on the search warrant shall be filed and
inner door or window of a house or any part of a house kept by the custodian of the log book on search
or anything therein to execute the warrant or liberate warrants who shall enter therein the date of the return,
himself or any person lawfully aiding him when the result, and other actions of the judge.
unlawfully detained therein. (6)
A violation of this section shall constitute contempt of
Section 8. Search of house, room, or premise to be court.(11a)
made in presence of two witnesses. — No search of a
Section 13. Search incident to lawful arrest. — A
house, room, or any other premise shall be made
person lawfully arrested may be searched for
except in the presence of the lawful occupant thereof
dangerous weapons or anything which may have been
or any member of his family or in the absence of the
used or constitute proof in the commission of an
latter, two witnesses of sufficient age and discretion
offense without a search warrant. (12a)
residing in the same locality. (7a)
Section 14. Motion to quash a search warrant or to
Section 9. Time of making search. — The warrant
suppress evidence; where to file. — A motion to quash
must direct that it be served in the day time, unless the
a search warrant and/or to suppress evidence
affidavit asserts that the property is on the person or
obtained thereby may be filed in and acted upon only
in the place ordered to be searched, in which case a
by the court where the action has been instituted. If no
direction may be inserted that it be served at any time
criminal action has been instituted, the motion may
of the day or night. (8)
be filed in and resolved by the court that issued the
Section 10. Validity of search warrant. — A search search warrant. However, if such court failed to
warrant shall be valid for ten (10) days from its date. resolve the motion and a criminal case is subsequent
Thereafter it shall be void. (9a) filed in another court, the motion shall be resolved by
the latter court. (n)
Section 11. Receipt for the property seized. — The
officer seizing property under the warrant must give a RULE 127
detailed receipt for the same to the lawful occupant of Provisional Remedies in Criminal Cases
the premises in whose presence the search and Section 1. Availability of provisional remedies. — The
seizure were made, or in the absence of such provisional remedies in civil actions, insofar as they
occupant, must, in the presence of at least two are applicable, may be availed of in connection with
witnesses of sufficient age and discretion residing in the civil action deemed instituted with the criminal
the same locality, leave a receipt in the place in which action. (1a)
he found the seized property. (10a)
Section 2. Attachment. — When the civil action is
Section 12. Delivery of property and inventory thereof properly instituted in the criminal action as provided
to court; return and proceedings thereon. — (a) The in Rule 111, the offended party may have the property
officer must forthwith deliver the property seized to of the accused attached as security for the
the judge who issued the warrant, together with a true satisfaction of any judgment that may be recovered
inventory thereof duly verified under oath. from the accused in the following cases:

(b) Ten (10) days after issuance of the search warrant, (a) When the accused is about to abscond from the
the issuing judge shall ascertain if the return has been Philippines;
made, and if none, shall summon the person to whom
(b) When the criminal action is based on a claim for
the warrant was issued and require him to explain why
money or property embezzled or fraudulently
no return was made. If the return has been made, the
misapplied or converted to the use of the accused
who is a public officer, officer of a corporation,
attorney, factor, broker, agent, or clerk, in the course
of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or
disposed of his property, or is about to do so; and

a) When the accused resides outside the Philippines.

(2a)