Lecturer:

Atty. Liddy Jane C. Belen-Garro

The Revised Rules of

Criminal Procedure and
Special Penal Laws
 CRIMINAL PROCEDURE Commission of crime
(felony)

FLOWCHART *

Filing of complaint Warrantless Arrest

Preliminary Investigation of Inquest Proceedings of Prosecutor

Prosecutor*

Finding of probable Dismissal by Finding of probable

cause by Prosecutor investigating cause by
Prosecutor Prosecutor
 Sent to Provincial City/Provincial/State

CRIMINAL PROCEDURE
Prosecutor or Ombudsman

Disapproved
FLOWCHART
Approved

File Petition for Review with DOJ

DOJ does not find probable

DOJ Approves finding of cause
probable cause

Filing of
information
CPFC:Filing
Filing
of of
information*
Information

Issuance of Warrant
Dismissal by of Arrest or
Court Commitment Order
 Issuance of Warrant of
Warrant of Arrest/Commitment
Order
Arrest*
Aggrieved party appeals against the order
of issuance of warrant of arrest

Appellate Court Appellate

does not find Court Found
probable cause Probable
Cause
AFFIRM
ISSUANCE OF
PETITION FOR PREVENTIVE WARRANT OF
BAIL DETENTION ARREST
 ARRAIGNMENT

CPFW: Arraignment
PLEA OF PLEA OF NOT GUILTY
NOTGUILTY OR REFUSAL TO
Presentation of PLEA
Evidence to
Determine PRE-TRIAL
Voluntariness of
Plea
TRIAL
and Degree of
Culpability

JUDGEMENT
 FE Motion forMR/MT A
Final and JUDGEMEN
Reconsideration/ APPEAL
JUDGEMENT*
Executor T
New Trial or

y
CONVICTIO
ACQUITAL
N
Criminal Procedure
 The method prescribed by law for the
apprehension and prosecution of persons
accused of any criminal offense, and their
punishment, in case of conviction.
 Procedural steps through which a criminal
cases passes, commencing with the initial
investigation of a crime and concluding with
the unconditional release of the offender.
 Generic term used to describe the network
of laws and rules which govern the
#
procedural administration of criminal justice.
Subject Matter
Criminal
• Determined by nature Jurisdiction
of the offense and penalty
imposed
Territory

• Where offense is committed

Person of the accused

• a) Arrest
• b) Voluntary Surrender
Criminal Actions: How
instituted?
 Filing of Complaint
 For offenses where preliminary investigation is
required ( filed with proper officer for the purpose of
conducting the requisite preliminary investigation)

 Filing the complaint or information-

 For all other offenses, by filing complaint or
information directly with the Municipal Trial Courts or
Municipal Circuit Trial Courts, or with the Office of the
Prosecutor. In Manila and other chartered cities the
complaint shall be filed with the Office of the
Prosecutor, unless otherwise provided in their
charters.
Who may file the criminal
action?
 A.Offended Party;

 B. Any Peace Officer; or

 Otherpublic officer charged with the

enforcement of the law violated.
Crimes that cannot be
prosecuted de officio
 Concubinage and adultery (offended spouse)
 Seduction, Abduction and Acts of Lasciviousness-
exclusive and successive by:
▪ Offended woman
▪ Parents/ grandparents/legal or judicial guardians
▪ State- if the offended party dies or becomes incapacitated before she
could file the complaint and she has no known parents, grandparents or
guardians

 Defamation imputing a person any of the

following crimes of concubinage, adultery,
seduction, abduction or acts of lasciviousness
can be prosecuted only by the party or parties

defamed.
#
PRELIMINARY
INVESTIGATION
 An inquiry or proceeding to determine whether there exists a
sufficient ground to engender a well-founded belief that a
crime has been committed and that the respondent is probably
guilty thereof and should be held for trial ;

 Required before the filing of complaint or information for an

offense where the penalty prescribed by law is at least four (4)
years, two (2) months and one (1) day without regard to fine;
(pri

 Not required in case of valid warrantless arrest (shall proceed

in inquest);

 Nature of the right: Statutory, maybe waived unless granted

by statute, it becomes a right and part of due process.
 Determine the amount of bail, when
the offenses is bailable ( Arula
versus Espino, 23 SCRA 540)
To preserve the evidence and keep
the witnesses within the control of
the State;
To determine whether a crime has
INVESTIGATION
been committed and whether there
is a probable cause to believe that
PURPOSES OF PRELIMINARY
the accused is guilty thereof
 Provincial or City
WHO MAY CONDUCT THE
Fiscal and
DETERMINATION their
OF THE EXISTENCE OF
Assistants
PROBABLE CAUSE
National and Regional
State Prosecutors
Such other offices as
maybe authorized by
law
Procedure: (PRELIMARY HOLD

INVESTIGATION) RESPONDENT
FOR TRIAL
(w/Informatio
n and
Resolution)
Dismissal
or
Complai Counter- Resoluti
Issuance
nt Affidavit on
of
Subpoena

DISMISS
Resolution by Investigating
Prosecutor
 He or authorized officer personally
examined the complainant and witnesses;
 There is reasonable ground to believe
that a crime has been committed and the
accused is probably guilty thereof;
 The accused was informed of the
complainant and the evidence against
him; and
 The accused was given an opportunity to
submit controverting evidence.*
Filing of Information
COMPLAINT INFORMATION

A sworn written statement An accusation in writing

charging a person with an offense Subscribed by the Prosecutor
executed and subscribed by Filed with the Court
O.P.A.O (offended party, any
peace officer, or other public
officer charged with the
enforcement of the law violated).
May be filed in the prosecutors
office or directly to the court
Both are:
In writing
In the name of the People of the Philippines
Directed against all persons who appear to be
responsible for the offense involved.
Notes:
 For some offenses, there are conditions precedents
before a plaintiff can refer to the courts for redress
(i.e. those requiring mediation at the lupong
tagapamayapa) however, non-compliance of this rule
is not jurisdictional. The failure of the plaintiff to
comply with the conciliation requirement of Section
40, LGC, does not affect the jurisdiction if no timely
objection is made (San Miguel Village School School v.
Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566)

 All criminal actions, whether commenced by filing of

complaint or information, are under the direct control
of the prosecutor.
 Section 8., RULE 112 Records

 Records of the preliminary investigation shall NOT automatically form part of the records of the
case. Courts are not compelled to take judicial notice thereof. It must be introduced as an evidence.

 Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure.

 PROCEDURE TO BE FOLLOWED IN CASES WHICH DO NOT REQUIRE PRELIMINARY
INVESTIGATION

 Evaluate the evidence presented
 Conduct searching questions or answers
 Require the submission of additional evidence

  For cases under the Revised Rules on Summary Procedure, no warrant shall be issued except
where the accused fails to appear after being summoned.

 If the complaint is filed with the prosecutor involving an offense punishable by imprisonment of less
than 4 years, 2 months and 1 day, the procedure in Rule 112, Section 3 (a) shall be observed.

 If the complaint is filed with the MTC, the same procedure under Rule 112, Section 3 (a) shall be
observed.
CASES NOT REQUIRING A
PRELIMINARY INVESTIGATION
 A.
Cases in which the imposable
penalty does not exceed 4 years, 2
months and 1 day (Prision
Correccional in its maximum period)

 Where the accussed who has been

lawfully arrested without a warrant
has undergone inquest proceeding
Remedies of the accused if there
was no preliminary investigation

 Refuse to enter a plea upon

arraignment and object to further
proceedings upon such grounds
 Insist on a preliminary investigation
 Raise the lack of preliminary
investigation as an error on appeal
 File a petition for certiorari
 File petition for prohibition
Complaint or Information is sufficient in
form if it states: (NDANAP)

 1. Name of the Accused

 2. Designation of the offense given by
the statute
 3. Acts or ommisions complained of as
constituting the offense
 4. Name of the offended party
 5. Approximate date of the commission
on the offense
 6. Place where the offense was
committed
INQUEST
 An informal and summary investigation
conducted by a public prosecutor in criminal
cases involving persons lawfully arrested and
detained without the benefit of a warrant of
arrest issued by the court for the purpose of
determining whether or not said persons should
remain under custody and correspondingly be
charged in court. Such proceedings must
terminate within the period prescribed by law
under Article 125 of the Revised Penal Code.
 CPFC: Filing of information*
Arrest, defined
 The taking of a person in custody in order that
he may be bound to answer for the
commission of an offense (Section 1, Rule 113)

 A restraint on person, depriving one of his own

will and liberty, binding him to become
obedient to the will of the law (Larrańaga v. CA
92 SCAD 105)

A warrant of arrest has NO expiry date. It

remains valid until arrest is effected or warrant
is lifted.
REMEDY FOR WARRANTS IMPROPERLY ISSUED

 Where a warrant of arrest was improperly

issued, the proper remedy is a petition to quash
it, NOT a petition for habeas corpus, since the
court in the latter case may only order his
release but not enjoin the further prosecution
or the preliminary examination of the accused
(Alimpoos vs. Court of Appeals, 106 SCRA 159).

 Postingof bail does not bar one from
questioning illegal arrest (Section 26, Rule 114,
Rules of Court).
MODES OF EFFECTING ARREST

 By an actual restraint of the person to be arrested.

 By his submission to the custody of the person making the arrest.

Upon arrest, the following may be confiscated from the

person arrested:

 Objects subject of the offense or used or intended to be used in

the commission of the crime;

 Objects which are the fruits of the crime;

 Those which might be used by the arrested person to commit

violence or to escape;

 Dangerous weapons and those which may be used as evidence in

the case.
WHEN THE WARRANT OF
ARREST MAY ISSUE
 Ifthe judge after examining the
resolution of the prosecutor and its
supporting evidence finds probable
cause, he shall issue a warrant of
arrest or a commitment order if the
accused has already been arrested
pursuant to a warrant. In case of
doubt on the existence of probable
cause, the judge may order the
prosecutor to present additional
ARREST WITHOUT WARRANT,
WHEN LAWFUL
A peace officer or a private person may, without warrant, arrest a
person:

 1. When, in his presence, the person to be arrested has

committed, is actually committing, or is attempting to commit an
offense;

 2. When an offense has in fact just been committed, and he has

probable cause to believe based on his own personal knowledge of
facts and circumstances that the person to be arrested has
committed the crime;

 3. When the person to arrested is a prisoner who has escaped from

a penal establishment or place where he is serving final judgement
or temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another;
ARREST WITHOUT WARRANT,
WHEN LAWFUL
 4. Where a person who has been
lawfully arrested, escapes or is
rescued;
 5. When the bondsman arrests a
prisoner out on bail for the purpose
of bringing him to court;
 6. Where the accused attempts to
leave the country without the
permission of the court.
 If the arrest was effected
without warrant, the arresting
officer must comply with the
provisions of Art. 125 of the
RPC, otherwise, he may be
held criminally liable for
arbitrary detention under
Article 124 of the RPC.
RULES ON ILLEGALITY OF ARREST

 An accused who enters his plea of NOT guilty and

participates in the trial waives the illegality of the arrest.
Objection to the illegality must be raised before
arraignment, otherwise it is deemed waived, as the
accused, in this case, has voluntarily submitted himself to
the jurisdiction of the court.

 Illegality of warrantless arrest maybe cured by filing of an

information in court and the subsequent issuance by the
judge of a warrant of arrest.

 Once a person has been duly charged in court, he may no

longer question his detention by petition for habeas corpus,
his remedy is to quash the information and/or the warrant
of arrest.
Time of making arrest.

 Unlikea search warrant which must

be served only in daytime, an arrest
may be made on any day and at any
time of the day or night, even on a
Sunday. This is justified by the
necessity of preserving the public
peace.
Method of arrest of officer by
virtue of warrant
 Under this rule, an arrest may be
made even if the police officer is not
in possession of the warrant of arrest
(Mallari vs. Court of Appeals, 265
SCRA 456). Exhibition of the warrant
prior to the arrest is not necessary.
However, if after the arrest, the
person arrested so requires, the
warrant shall be shown to him as
soon as practicable.
Officer may summon assistance.

 Onlyan officer making the arrest is

governed by the rule. It does not
cover a private individual making an
arrest.
Section 11, Rule 113, ROC: Right of officer to break into building or
enclosure.

1.That the person to be arrested is or

is reasonably believed to be in said
building;

2.That he has announced his authority

and purpose for entering therein;

3.That he has requested and been

denied admittance.
 Generally,a lawful arrest may be
made anywhere, even on private
property or in a house. This rule is
applicable both where the arrest is
under a warrant, and where there is
valid warrantless arrest.
Right to break out of the building or enclosure to effect
release.

A private person making an arrest

CANNOT break in or out of a building
or enclosure because only officers
are allowed by law to do so.
Arrest after escape or rescue.

 Where a person lawfully arrested

escapes or is rescued, any person
may immediately pursue or retake
him without a warrant at any time
and in any place within the country.
The pursuit must be immediate.
Section 14. Right of Attorney or relative to visit person
arrested.

 RA 7438 defined certain rights of

persons arrested, detained, or under
custodial investigation, with the
penalties for violations thereof.
 A
n
O
ffi
METHOD OF ARREST

c
er
,
•B w •B
y it y
a h a
n o pr
O ut iv
ffi a at
c e
er W p
ar er
w ra s
Arrest with a warrant
 Theofficer shall inform the person to be
arrested of the :

 1. CAUSE OF THE ARREST

 2. FACT THAT WARRANT EXIST

 Exception:
 1.When he flees or forcibly resist before
1&2 is complete
 2.When the giving of information will
imperil the arrest
By an Officer, without a
warrant
 The officer shall inform the person to be
arrested of his authority and the cause of
the arrest unless the latter is either:
 1. Engaged in the commission of an
offense;
 2. Pursued immediately after its
commission;or
 3. Has escaped, flees or forcibly resists
before the officer has opportunity to so
inform him, or when the giving of such
information will imperil the arrest.
By a Private Person

 Heshall inform the person to be

arrested of the intention to arrest
him and the cause of the arrest
unless the latter is either:

 ---same with , without warrant

REQUISITES OF A VALID
WARRANT OF ARREST
 Itshall be issued upon probable
cause which must be personally
determined by a judge after
examination under oath or
affirmation of the complainant and
the witnesses he may produce.

 The warrant must particularly

describe the person to be arrested in
connection with a specific offense of
DETERMINATION OF
PROBABLE CAUSE
 Assumes the existence of facts that would
lead a reasonably discreet and prudent man
to believe that a crime has been committed
and that it was likely committed by a person
sought to be arrested.

 By Judge: For purposes of issuance of

warrant of arrest.
 By fiscal: For purposes of determining
whether a criminal action should be brought
against the respondent.
BAIL

 The security given for the release of

a person in custody of the law,
furnished by him or a bondsman,
conditioned upon his appearance
before any court as required under
the conditions specified by the rule
(Sec. 1, Rule 114).
TESTS IN DETERMINING LETHAL
FORCE BY THE ARRESTING OFFICER

 1. Test of Reasonability
Conduct of arresting officer is
examined
 2.Test of Necessity
Conduct of the person
#
arrested is examined
A person is in the custody of law when he has
been either arrested or otherwise deprived of his
freedom or when he has voluntarily submitted
himself to the jurisdiction of the court by
surrendering to the proper authorities.

 All persons, except those charged with offenses
punishable by reclusion perpetua when evidence
of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on
recognizance as may be provided by law
(Section 13, Article III, 1987 Constitution).
Forms of Bail
 corporate surety
 property bond
 cash deposit
 recognizance

 Recognizance - an obligation of record,

entered into before some court or officer
authorized to take it with a condition to do
some particular act and the accused is
often allowed to obligate himself to answer
the charge.
BAILBOND RECOGNIZANCE
An obligation under An obligation of
seal given by the record, entered into
accused with one or before some court or
more sureties, and magistrate duly
made payable to the authorized to take it,
proper officer with with the condition to
the condition to be do some particular
void upon act;
performance by the
accused of such acts
as he may legally be
Prosecution witnesses may also be
required to post bail to ensure their
appearance at the trial of the case
where:
 there is a substitution of information
(Sec. 4, Rule110), and
 where the court believes that a material
witness may not appear at the trial (Sec.
14, Rule 119).
Bail, a matter of right; exception.

 beforeor after conviction in the

lower courts; AND

 before conviction by the RTC,

EXCEPT when the imposable

penalty is death, reclusion perpetua
or life imprisonment and evidence of
guilt is strong.
Bail, when discretionary. –

1. Regardless of stage of the criminal prosecution, no

bail shall be allowed if the accused is charged with
a capital offense or an offense punishable by
reclusion perpetua AND the evidence of guilt is
strong (Sec. 7);

2. Before and after conviction by the MTC, Municipal

Trial Court or MCTC, bail is a matter of right (Sec.4).

3. Before conviction by the RTC whether in the

exercise of its original or appellate jurisdiction, bail
is a matter of right. (Sec.4)
4. Upon conviction by the RTC of an offense not punishable by death,
reclusion perpetua or life imprisonment, admission to bail is discretionary
(Sec. 5);

5. After conviction by the RTC wherein a penalty of imprisonment exceeding

6 but not more than 20 years is imposed, and not one of the
circumstances below is present and proved, bail is a matter of discretion
(Sec.5).

 Recidivism, quasi-recidivism or habitual delinquency or commission of

crime aggravated by the circumstances of reiteration.
 Previous escape from legal confinement, evasion of sentence or violation
of the conditions of bail without valid justification.
 Commission of the offense while on probation, parole or under conditional
pardon
 Circumstance of the accused or his case indicates the probability of flight
if released on bail
 Undue risk of commission of another crime by the accused during
pendency of appeal.
 Afterconviction by the RTC imposing a penalty
of imprisonment exceeding 6 years but not
more than 20 years and any of the
circumstance enumerated above and other
similar circumstance is present and proved, no
bail shall be granted (Sec.5);

 After
judgment has become final unless
accused applied for probation before
commencing to serve sentence of penalty and
offense within purview of probation law (Sec.
24).
Capital Offense, defined.

 Capital Offense – is an offense

which, under the law existing at the
time of its commission AND at the
time of the application to be
admitted to bail, may be punished
with death.
Capital Offense not bailable.

 Capital offense or those punishable

by reclusion perpetua, life
imprisonment or death are NOT
BAILABLE when evidence of guilt is
strong.

 EXCEPTION: If the accused charged

with a capital offense is a minor.
The burden of proving that the
evidence of guilt is strong lies within
the fence of the prosecution. (Comia
vs. Antona, 337 SCRA 656)

Instances wherein the accused may be
released on recognizance, without
putting bail or on reduced bail:
1. Offense charged is violation of an ordinance, light felony or a criminal
offense, the imposable penalty wherefore does not exceed 6 months of
imprisonment and/or fine of P 2,000 under R.A.6036*.

2. Where the accused has applied for probation and before the same has
been resolved but no bail was filed or the accused is incapable of filing
one, in which case he may be released on recognizance

3. In case of a youthful offender held for physical or mental examination,

trial or appeal, if unable to furnish bail and under the circumstances
under PD 603, as amended

___________________

*An act providing that bail shall not, with certain exceptions, be required in cases of
violations of municipal or city ordinances and in criminal offenses …
ON REDUCED BAIL OR ON HIS OWN RECOGNIZANCE

A person in custody for a period

equal to or more than the minimum
of the principal penalty prescribed
for the offense charged, without
application of the indeterminate
sentence law or any modifying
circumstance shall be released on
reduced bail or on his own
recognizance.
Rule on Summary Procedure. Criminal
Cases:

 Violations of Traffic laws, rules and

regulations
 Violations of the rental law
 Violations of municipal or city
ordinances
 All Criminal cases: wherein,
imprisonment not exceeding 6
months ,or fine not exceeding
1000.00
UNDER THE REVISED RULES ON SUMMARY PROCEDURE

General Rule: no bail

Exception:
 1. When a warrant of arrest is issued for failure to
appear when required by the court

 2. When the accused

- is a recidivist;
- is a fugitive from justice;
- is charged with physical injuries
- does not reside in the place where the violation of
the law or ordinance is committed; or
-has not reside in the place where the violation of the
law or ordinance is committed; or
-has no known residence
Bail, where filed.

 May be filed with the court where the case is pending, or in the
absence or unavailability of the judge thereof, with another
branch of the same court within the province or city.

 Whenever the grant of bail is a matter of discretion, or the

accused seeks to be released on recognizance,

 the application therefor may be filed only in the particular court

where the case is pending, whether for preliminary
investigation, trial or appeal.

 Any person in custody who is not yet charged in court may

apply for bail with any court in the province, city or
municipality where he is held.
Release on bail

Once the accused has been admitted to

bail, he is entitled to immediate release
from custody. An officer who fails or
refuses to release him from detention
notwithstanding the approval by the
proper court of his bailbond, may be held
liable under Article 126 of the Revised
Penal Code for delaying release.
Forfeiture of bail.

Within 30 days from the failure of the

accused to appear in person as
required, the bondsmen must:

 PRODUCE the body of their principal

or give the reason for his non-
production; AND
 EXPLAIN why the accused did not
appear before the court when first
required to do so.
Arrest of accused out on bail.

 An accused released on bail may be

re-arrested without a warrant if he
attempts to depart from the
Philippines without prior permission
of the court where the case is
pending.
No bail after final judgment; exception.

 GENERAL RULE: The finality of the judgment

terminates the criminal proceeding. Bail
becomes of no avail. The judgment
contemplated is a judgment of conviction. The
judgment is final if the accused does not
appeal the conviction.

▪ No bail shall be granted after judgment, if the case has

become final even if continued confinement of the
accused would be detrimental or dangerous to his health.
The remedy would be to submit him to medical treatment
or hospitalization.
 EXCEPTION: If the accused applies
for probation he may be allowed
temporary liberty under his existing
bail bond, or if no bail was filed, or is
incapable of filing one, he may be
released on recognizance to the
custody of a responsible member of
the community

Court supervision of detainees.

Court supervision of detainees.

 The employment of physical,

psychological or degrading
punishment against any prisoner or
detainee or the use of substandard
or inadequate penal facilities under
subhuman conditions shall be dealt
with by law (Section 19(2), Article III,
1987 Constitution).
Bail not a bar to objection on illegal
arrest, lack of or irregular preliminary
investigation

AN APPLICATION FOR OR
ADMISSION TO BAIL SHALL NOT
BAR THE ACCUSED:

 from challenging the validity of his

arrest OR
 legality of the warrant issued
therefore, OR
 from assailing the regularity or
questioning the absence of
RIGHTS OF THE TO BE PRE
SUMED IN
NOCENT

ACCUSED* Right to
appeal
TO BE INF
ORMED O
F THE NAT
URE AND
THE CAUS
E OF THE
ACCUSATI
ON AGAIN
ST HIM.TO BE PRE
Right to sp RIGHTS OF SENT AND
eedy, impa DEFEND IN
rtial and pu THE PERSON AN
blic trial ACCUSED D BY COUN
SEL

RIGHT TO
RIGHT TO C COUNSEL
ONFRONT
AND CROS
S- EXAMINE
THE WITN
ESSES AGAI RIGHT AG TO TESTIF
NST HIM AT AINST SEL Y AS WIT
TRIAL F-INCRIMI NESS IN H
NATION IS OWN B
EHALF
TO BE PRESUMED INNOCENT

In all criminal prosecutions, the accused is presumed innocent

until the contrary is proved beyond reasonable doubt.

 Reasonable Doubt is that doubt engendered by an

investigation of the whole proof and an inability, after such
investigation, to let the mind rest easy upon the certainty of
guilt. Absolute certainty of guilt is not demanded by the law
to convict of any criminal charge but moral certainty is
required, and this certainty is required as to every
proposition of proof requisite to constitute the offense.

  Equipoise rule – where the evidence of the parties in a

criminal case are evenly balanced, the constitutional
presumption of innocence should tilt in favor of the accused
and must be acquitted. #
TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE
ACCUSATION AGAINST HIM.

An accused cannot be convicted of an offense unless it is

clearly charged in the complaint or information. To
convict him of an offense other than that charged in
the complaint or information would be a violation of
this constitutional right (People vs. Ortega, 276 SCRA
166).

 When a person is charged in a complaint with a crime
and the evidence does not show that he is guilty
thereof, but does show that he is guilty of some other
crime or a lesser offense, the court may sentence e
him for the lesser offense, PROVIDED the lesser offense
is a cognate offense and is included in the complaint
with the court. #
TO BE PRESENT AND DEFEND IN PERSON AND BY
COUNSEL AT EVERY STAGE OF THE PROCEEDING

 THE PRESENCE OF THE ACCUSED

IS REQUIRED ONLY
 During arraignment (Sec. 1b, rule 116)
 Promulgation of judgment EXCEPT when
the conviction is for a light offense, in
which case, it may be pronounced in the
presence of his counsel or a representative
 When ordered by the court for purposes of
identification
EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED

 waiver of the right to present

evidence;
 prosecution can present evidence if
accused fails to appear;
 the court can decide without
accused’s evidence.
TRIAL IN ABSENTIA

TRIAL IN ABSENTIA
 It is important to state that the
provision of the Constitution
authorizing the trial in absentia of
the accused in case of his non-
appearance AFTER ARRAIGNMENT
despite due notice simply means
that he thereby waives his right to
meet the witnesses face to face
among others.
REQUIREMENTS FOR TRIAL IN ABSENTIA

 accused has been arraigned

 he has been duly notified of the trial
 his failure to appear is unjustified#
RIGHT TO COUNSEL
 The right covers the period beginning from custodial
investigation, well into the rendition of the judgment and
even on appeal. (People vs. Serzo, Jr., 274 SCRA 553)

 If during the investigation the assisting lawyer left, or come

and go, the statement signed by the accused is still
inadmissible because the lawyer should assist his client from
the time the confessant answers the first question asked by
the investigating officer until the signing of the extrajudicial
confession. (People vs. Morial, 363 SCRA 96)

 The duty of the court to appoint a counsel de oficio when

the accused has no legal counsel of choice and desires to
employ the services of one is MANDATORY only at the time
of arraignment. (Sec. 6 Rule 116)
 A denial of the defendant’s right to testify in his
behalf would constitute an unjustifiable violation of
his constitutional right. (People vs. Santiago, 46 Phil.
734)

 If the accused testifies, he may be cross-examined

but ONLY on matters covered by his direct
examination, unlike an ordinary witness who can be
cross-examined as to any matter stated in the direct
examination or connected therewith (Section 6, Rule
132). His failure to testify is not taken against him
but failure to produce evidence in his behalf is
considered against him (U.S. vs. Bay, 97 Phil. 495).#
RIGHT AGAINST SELF-INCRIMINATION

 The accused is protected under this rule from

questions which tend to incriminate him, that is,
which may subject him to penal liability.
 The right may be waived by the failure of the
accused to invoke the privilege at the proper
time, that is, AFTER the incriminating question is
asked and before his answer;

EXCEPTIONS: immunity statutes such as:

 RA 1379 – Forfeiture of Illegally obtained wealth

 RA 749 – Bribery and Graft cases.#
RIGHT TO CONFRONT AND CROSS- EXAMINE THE
WITNESSES AGAINST HIM AT TRIAL

 Confrontation is the act of setting a witness face-

to-face with the accused so that the latter may
make any objection he has to the witness, and the
witness may identify the accused, and this must
take place in the presence of the court having
jurisdiction to permit the privilege of cross-
examination.

 The main purpose of the right to confrontation is to
secure the opportunity of cross-examination and
the secondary purpose is to enable the judge to
observe the demeanor of witnesses.#
RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

 The right to a speedy trial is intended to avoid

oppression and to prevent delay by imposing on the
courts and on the prosecution an obligation to proceed
with reasonable dispatch.

 The courts, in determining whether the right of the

accused to a speedy trial has been denied, should
consider such facts as the length of the delay, the
accused’s assertion or non-assertion of his right, and
the prejudice to the accused resulting from the delay.

 There is NO violation of the right where the delay is

imputable to the accused. (Solis vs. Agloro, 64 SCRA
370)#
RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW
AND IN THE MANNER PRESCRIBED BY LAW.

The right to appeal from a judgment of conviction is

fundamentally of statutory origin. It is not a matter
of absolute right, independently of constitutional
or statutory provisions allowing such appeal.
 WAIVER OF THE RIGHT TO APPEAL
The right to appeal is personal to the accused and
similarly to other rights of kindred nature, it may
be waived either expressly or by implication.
HOWEVER, where death penalty is imposed, such
right cannot be waived as the review of the
judgment by the COURT OF APPEALS is automatic
and mandatory (A.M. NO. 00-5-03-SC).#
THE SPEEDY TRIAL ACT OF 1998
(RA 8493)

 DUTY OF THE COURT AFTER ARRAIGNMENT

OF AN ACCUSED

1. Court SHALL order a pre-trial conference to

consider the following:
2. plea bargaining;
3. stipulation of facts;
4. marking for identification of evidence of parties;
5. waiver of objections to admissibility of evidence;
and
6. such other matter as will promote a fair and
expeditious trial;
TIME LIMIT FOR THE TRIAL
OF CRIMINAL CASES:
TIME LIMIT FOR THE TRIAL OF CRIMINAL
CASES:

 SHALL NOT EXCEED 180 days from the first day of

trial, HOWEVER, this rule is NOT ABSOLUTE, for the
law provides for the following EXCEPTIONS:

 those governed by the Rules on Summary

Procedure; or
 where the penalty prescribed by law DOES NOT
EXCEED 6 months imprisonment or a fine of
P1,000 or both;
 those authorized by the Chief Justice of the SC;*
WHEN SHALL TRIAL COMMENCE AFTER ARRAIGNMENT

Within 30 days from arraignment, HOWEVER,

it may be extended BUT only:

1.for 180 days for the first 12 calendar

month period from the effectivity of the
law;

2. 120 days for the second 12 month period;

and

3. 80 days for the third 12 month period.

Arraignment

 Arraignment

the formal mode of implementing

the constitutional right of the
accused to be informed of the nature
of the accusation against him.

PERIOD FOR ARRAIGNMENT OF THE ACCUSED

Within 30 days from the filing of the

information, or from the date the
accused appealed before the
justice/judge/court in which the
charge is pending, whichever date
last occurs.
WHERE AND HOW MADE:

Before the court where the

complaint or information has been
filed or assigned for trial;
 in open court, by the judge or clerk
by furnishing the accused a copy of
the complaint or information with the
list of the witnesses, reading it in a
language or dialect known to him
and asking him of his plea;
RULES:

 Trial in absentia is allowed only AFTER arraignment;

 Judgment is generally void if the accused has not been

arraigned;

 There can be no arraignment in absentia (accused must

personally enter his plea);

 if the accused went to trial without arraignment, but his

counsel had the opportunity to cross-examine the witness of
the prosecution and after the prosecution he was arraigned the
defect was cured;

 If an information is amended MATERIALLY, arraignment on the

amended information is MANDATORY, except if the amendment
is only as to form;#
Plea

 Plea – the matter which the

accused, on his arraignment, alleges
in answer to the charge against him.
PERIOD TO PLEA

 When the accused is under preventive detention: his case

shall be raffled and its records transmitted to the judge to whom
the case was raffled within 3 days from the filing of the
information or complaint and the accused arraigned
within 10 days from the date of the raffle. The pre-trial
conference of his case shall be held within 10 days after
arraignment.

 When the accused is NOT under preventive detention:

unless a shorter period is provided by special law or Supreme
Court circular, the arraignment shall be held within 30
days from the date the court acquires jurisdiction over
the person of the accused. The time of the pendency of a
motion to quash, or for bill of particulars, or other causes
justifying suspension of the arraignment, shall be excluded in
computing the period.
WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED

when the accused so pleaded

 when he refuses to plead
 where in admitting the act charged, he
sets up matters of defense or with lawful
justification
 when he enters a conditional plea of guilt
 where, after a plea of guilt, he introduces
evidence of self-defense or other
exculpatory circumstances
 when the plea is indefinite or ambiguous
Pre-trial; mandatory in criminal cases.

Pre-trial is MANDATORY in all criminal cases.

 The court shall after arraignment and within 30 days from the time the
court acquires jurisdiction over the person of the accused, unless a shorter
period is provided for by special laws or circular of the Supreme Court,
order a pre-trial.

 MATTERS CONSIDERED IN PRE-TRIAL CONFERENCE

plea bargaining;
stipulation of facts;
marking for identification of evidence of the parties;
waiver of objections to admissibility of evidence;
modification of the order of trial if the accused admits the charge but
interposes a lawful defense;
such matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case. (Sections. 2 & 3, Circ. 38-98).
REQUISITES BEFORE THE PRE-TRIAL AGREEMENT
CAN BE USED AS EVIDENCE

 they are reduced to writing

 the pre-trial agreement is signed by
the accused and his counsel.
Plea bargaining

The process whereby the accused, the

offended party and the prosecution work
out a mutually satisfactory disposition of
the case subject to court approval. It
usually involves the defendant’s
pleading guilty to a lesser offense or to
only one or some of the counts of a
multi-count indictment in return for a
lighter sentence than that for the graver
charge. *
Trial
 the examination before a competent tribunal according to the laws of
the land, of the facts put in issue in a case for the purpose of
determining such issue.

 The trial shall commence within 30 days from receipt of the pre-trial
order.

 Section 2. Continuous trial until terminated; postponements.

 CONTINUOUS TRIAL SYSTEM
 Trial once commenced shall continue from day to day as far as
practicable until terminated; but it may be postponed for a reasonable
period of time for good cause.

 LIMITATION OF THE TRIAL PERIOD
 It shall in no case exceed 180 days from the first day of the trial,
except as otherwise provided by the Supreme Court.

Requisites before a trial can be put-off on account of the
absence of a witness:

 that the witness is material and appears to the court to

be so

 that the party who applies has been guilty of no neglect

 that the witnesses can be had at the time to which the

trial is deferred and incidentally that no similar evidence
could be obtained

 that an affidavit showing the existence of the above

circumstances must be filed.#
JUDGMENT; DEFINITION AND FORM.

JUDGMENT; DEFINITION AND FORM.

 Judgment - the adjudication by the court that the

accused is guilty or not guilty of the offense charged
and the imposition of the proper penalty and civil
liability provided for by the law.

 It is not necessary that the judge who tried the case

be the same judicial officer to decide it. It is
sufficient if he be apprised of the evidence already
presented by a reading of the transcript of the
testimonies already introduced, in the same manner
as appellate courts review evidence on appeal.
Contents of the
judgment.
Contents of the judgment.

 Judgment must be in writing;

 in the official language,
 personally and directly prepared and
signed by the judge,
 with a concise statement of the fact
and the law on which it is based.
 Reasonable doubt - state of the case which, after
full consideration of all evidence, leaves the mind of
the judge in such a condition that he cannot say that
he feels an abiding conviction, to a moral certainty, of
the truth of the charge.

 Acquittal – a finding of not guilty based on the

merits, that is, the accused is acquitted because the
evidence does not show that his guilt is beyond
reasonable doubt, or a dismissal of the case after the
prosecution has rested its case upon motion of the
accused on the ground that the evidence fails to show
beyond reasonable doubt that the accused is guilty.#
GROUNDS FOR A NEW TRIAL IN CRIMINAL CASES:

 GROUNDS FOR A NEW TRIAL IN

CRIMINAL CASES:

 errors of law or irregularities

committed during the trial prejudicial
to the substantial rights of the
accused.

 new and material evidence

discovered.
GROUNDS FOR RECONSIDERATION.

 SECTION
3. GROUNDS FOR
RECONSIDERATION.

 Grounds of motion for

reconsideration
errors of law;
 errors of fact in the judgment, which
require no further proceedings.
A motion for new trial or
reconsideration should be filed with
the trial court within 15 days from
the promulgation of the
judgment and interrupts the period
for perfecting an appeal from the
time of its filing until notice of the
order overruling the motion shall
have been served upon the accused
or his counsel.
New Trial Reopening of the case

Filed after judgment is rendered made by the court before the

but before the finality thereof judgment is rendered in the
exercise of sound discretion
At the instance or with the
consent of the accused does not require the consent of
the accused; may be at the
instance of either party who can
thereafter present additional
evidence
SPECIAL PENAL LAWS

INDETERMINATE SENTENCE LA- R.A.

4103
INDETERMINATE SENTENCE LA- R.A. 4103

 Purpose of the law:

 If the penalty is divisibleand would
entail a deprivation of liberty,
penalty should have a maximum
period.

 Applicability:
 1. Divisible Penalty
 2. Imprisonment as Penalty
 3. Penalty exceeds one (1) year
Not applicable for the
following Penalties:
 1. Reclusion Perpetua
 2. Life Imprisonment
 3. Destiero
 4. Suspension
 5. Penalty does not exceed one year
ISL not applicable for the
following instances:
 1. Crimes against National Security
and Public order
 2. habitual deliquency
 3. Those who escaped from their
confinement
 4. Those who evaded sentence
PROBATION LAW, PD 968
 Probation is a mere privilege

How to Apply?

1. Apply within period or appeal- 15 days

from date of conviction
2. Apply with court which rendered judgment
3. Application in writing
4 No Specific form of application
5. One’s release on one’s recognizance
Mandatory Conditions

 Report to the designated probation

office within 72 hours after receipt of
order
 To report periodically to the officer at
least once a month or sooner as the
latter may deem.
PROBATIONABLE
PENALTY
 1.Max- must not exceed 6 years
imprisonment
 2. Even additional 1 day will
disqualify the offender
DISQUALIFIED
OFFENDERS
 1. Sentenced to serve a max term of imprisonment of more
than 6 years
 2. Convicted of any offense against the security of the State
 3. Who have been previously convicted by final judgement of
an offense punished by imprisonment of not less than one
month and one day and /or fine of not less than two hundred
pesos;
 4. Who have been once on probation under the provisions of
this decree;
 5. Who are already serving sentence at the time the
substantive provisions of this decree became applicable
pursuant to Section 33 hereof;
 6. Those entitled to the benefits of PD 603 or Child and Youth
Welfare Code and related laws
 7. Those who have perfected an appeal because appeal and
probation are mutually exclusive remedies.
PROBATION vs. PAROLE
PROBATION PAROLE
Sentence Must not be more Must be more than 1
than 6 years year
Penalty Imprisonment or fine Imprisonment only
Disposition Sentence is Imprisonment only
suspended
Violation of Condition Entire sentence shall Unexpired portion
be served shall be served
Appeals Forecloses right No effect on
thereto probation
Availability Only once Everytime as long as
offender is not
disqualified
Character Grant of privilege Mandatory
AMNESTY PARDON

Sovereign act of oblivion for past An act of grace which exempts

acts granted by the government the individual on whom it is
to a certain class of persons, bestowed from the punishment
charged or guilty of crime, usually the law inflicts for the crime he
political offenses, and often has committed.
conditioned upon their return to
obedience and duty within a
prescribed time.
PD 1612: Anti- Fencing
Law
 Actof any person who, with intent to
gain for himself or for another, shall
buy, receive, possess, keep, acquire,
conceal, sell or dispose of, or shall buy
and sell, or in any other manner deal
in any article, item or object or
anything of value which he knows or
should be known to him, to have been
derived from the proceeds of robbery
or theft
ELEMENTS OF FENCING
 1. Robbery or theft has been committed
 2. The accused, who is not the principal or
accomplice in this crime, buys, receives, possess,
keeps, acquires, conceals, sells or disposes or buys
and sells, or in any manner deals in any article,
item, object or anything of value, which has been
derived from the proceeds of the said crime;
 3. The accused knows or should have known that
the said article, item object or anything of value
has been derived from the proceeds of the crime;
 4. There is, on the part of the accused the intent to
gain for himself of for another.
 Penalty: Same with the crime of theft

 Criminal Intent not required: Only

intent to gain

 PrimaFacie Presumption:
Mere possession.
Robbery or theft need not be proven:
BP 22: BOUNCING
CHECKS LAW
 Bouncing checks:
 1. Drawn against insufficient funds
 2. Drawn against closed accounts
 3. Drawn against uncollected deposit
 4. Checks subject to stop payment order
ELEMENTS FOR THE
OFFENSE
 1. Making, drawing and issuing any check to
apply to account or for value
 2. Knowledge of the maker, drawer or issuer
that at the time of issue, he doesn’t have
sufficient funds in or credit with the drawee
bank for the payment of the check in full upon
its presentment
 3. Subsequent dishonor of the check by the
drawee bank or insufficiency of funds or credit,
or dishonor of the check for the same reason
had not the drawer, without any valid cause
ordered the bank to stop payment.
TWO WAYS OF COMMITTING
THE OFFENSE
 1.By making or drawing or issuing a check
to apply on account or for value knowing at
the time of issue that the check was not
sufficiently funded;

 2.
By having sufficient funds in or credit with
the drawee bank but failing to keep
sufficient funds or to maintain a credit to
cover fully the amount of the check when
presented to the drawee bank within a
periond of 90 days.
Prima facie presumption exists
under the following conditions:

Presentment within 90 days from date

of check
Dishonor of check and failure to make
good the value of the check within 5
days from notice.
Significance of the 5 days-
90days and 180 days period
 1. 5 days- the maker or owner must make
arrangements to make good the value of the
check to escape criminal liability
 2. 90 days- he must maintain sufficient
funds within this period to destroy the prima
facie presumption of knowledge of
insufficiency of funds to back up the check.
 3. 180 days-Failure of the payee to deposit
or encash the check within the 180-day,
Check stale, and hence no criminal action
may arise therefrom.
PD 1866 as amended by RA 8294:
Illegal Possession of Firearms

 Unlicensed firearms shall include:

 A. firearms with expired licenses
 B. Unauthorized use of licensed firearms
in the commission of the crime

 Simple Illegal Possession of firearms can

only be committed if no other crime was
committed with such firearms by the
possessor
(People vs. Soriano)
KINDS OF POSSESSION

 Ownership- not essential

 Actual and Constructive Possession
POSSIBLE CRIMINAL LIABILITIES
INVOLVING UNLICENSED FIREARMS

 1. Mere possession of unlicensed firearm:

Simple possession of Unlicensed firearm
 2.Homicide or murder- aggravated by
illegal possession of firearm
 3. Rebellion, sedition, insurrection or
attempted coup- absorbed in the crimes
mentioned
 4. Any other crimes committed such as
alarms and scandals: Only for the crime
and the use of UF us absorbed.
 PALTIKS- Generally not contemplated
in illegal possession of firearms
because they are already illegally
manufactured.
RA 9165: COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002

 Useof DD under Section 15 has now a

graduated penalty:

 1st time users- min. of 6 months rehabilitation

in a government center
 2nd offense- 6 years and 1 day to 12 years
and a fine of 50k to 200k.
 However, if the offender tested positive and
was found in possession, the provision in
Section 11 on possession shall apply and not
Section 15.
 Regardless of any provision of law,
one cannot avail of plea bargaining
 Prohibition as to probation applicable
to offenses of drug trafficking or
pushing.
Classification of Drugs

 1.
Dangerous Drugs
 2.
Controlled precursors and
essential elements

 New offenders under the new law:

 1. Financier
 2. Protector/Coddler
New offenses under the New
Law
 1. Illegal chemical diversion of
controlled precursors and essential
chemicals
 2. Failure to maintain and keep the
original records of transactions on
dangerous drugs and/ or controlled
precursors and essential chemicals.
 3. Attempt or conspiracy to commit
unlawful act which shall have the
same penalty as the consummated
 a. Importation of any dangerous drug and or
controlled precursor and essential chemical;
 b. Sale, trading, administration, dispensation,
delivery,distribution and transportation of any
dangerous drug and/or controlled precursor and
essential chemical;
 c. Maintenance of a den, dive or resort where
any dangerous drug is used in any form;
 d. Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
 e. Cultivation or culture of plants which are
resources of DD.
 F. Criminal Liability of a Public Officer or
Employee for Misappropriation, Misapplication
or failure to account for confiscated, seized
and/or surrendered DD, plant sources of DD,
Controlled precursors and Essential
chemicals, Instruments/paraphernalia and/or
Laboratory equipment including the proceeds
or properties obtained from the unlawful act
committed:
 ---removal from office and perpetual
disqualification
 g.
Planting
Any dangerous drug and/or controlled
precursor and essential chemical,
regardless of quantity and purity.

h. Violation of any regulation issued by

the DDB

i. Issuance of fraudulent or false drug

test results
 J. Violation of confidentiality of records.
 k. Any member of law enforcement
agencies or any other government official
and employee who, after due notice, fails
or refuses intentionally or negligently, to
appear as a witness for the prosecution
in any proceedings, involving violations
of this Act, without any valid reason.
 l. Delay and bungling in the prosecution
of drug cases:
QUALIFYING OR AGGRAVATING
CIRCUMSTANCES
 1. When a crime was committed under the
influence of drug, a positive finding thereof
shall be a qualifying circumstance in such
crime and the rules under the RPC shall
apply.
 2. Maximum period of penalty:
 A. Possession of DD- party, social gathering,
meeting, proximate company of at least two (2)
persons shall aggravate possession of DD.
 B. Apparatus, equipment, instrument,
paraphernalia (same with A)
 THEACT OF TRANSPORTING DRUGS
US MALUM PROHIBITUM (SPL,
prohibited)

 DRUGS IS PER SE A CONTRABAND:

 Unlike firearms
 Accused has the burden of proof to show
he is authorized to possess the drugs.
DRUG DEPENDENCE

 Asbased on the WHO, it is a cluster of

physiological, behavioral and cognitive
phenomena of variable intensity, in
which the use of psychoactive drug takes
on a high priority thereby involving,
among others, a strong desire or a sense
of compulsion to take the substance and
the difficulties in controlling substance-
taking behavior in terms of its onset,
termination, or levels of use.
USE

Any act of injecting,

intravenously or intramuscularly,
of consuming, either by chewing,
smoking, sniffing, eating,
swallowing, drinking or
otherwise introducing into the
physiological system of the
body, and of the DD.
DELIVERY

 Necessarily involves knowledge on

the part of the person delivering that
what he is delivering is DD.

 Actof delivering not only covers

those made personally but also
covers those affected through other
means as well.
ILLEGAL SALE OF
MARIJUANA
 1.
The identity of the buyer and the
seller, the object and consideration.

 2.
The delivery of the thing sold and
the payment therefore.
IN SALES, THE QUANTITY HE POSSESSES
MUST BE EQUAL TO THAT BEING SOLD BY
HIM

 If equal, it will be illegal sale only:

possession is absorbed by illegal
sale;
 If greater in possession, liable as well
for illegal possession for the excess.
PRESUMPTIONS IN THE
LAW
 Possession of equipment, instrumements,
apparatus or other paraphernalia or DD
fit or intended for smoking, consuming,
administering, injecting, ingesting, or
introducing any DD in the body shall be
prima facie evidence that—

 1.The possessor has smoked, consumed

etc. himself a DD
 2.He has violated Section 15.
PROGRAMS FOR TREATMENT AND
REHABILITATION OF DRUG DEPENDENTS

 1. Application to the Board

 2. Compulsory Submission Program

▪ Board files petition with the RTC

▪ If a person charged with an offense where the
imposable penalty is imprisonment of less than
six (6) years and one (1) day, and is found by the
prosecutor or by the court, at any stage of the
proceedings, to be a drug dependent, the
prosecutor or the court as the case may be, shall
suspend all further proceedings and transmit
copies of the record of the case to the Board.
TREATMENT OF MINOR
DRUG USERS
 1. Suspended sentence for the first
offense
 2. Probation or community service
for a first time offense in lieu of
imprisonment
 3. Service of sentence as any other
convicted person if the accused first-
time offender shall violate any of the
conditions of his suspension of
sentence or any of the rules and
SUSPENSION OF SENTENCE SHALL BE GIVEN TO
FIRST-TIME OFFENDERS (15-below 18) subject to
the ff conditions:

 1. He/she has not been previously

convicted of violating any provision
of this Act, or of the DDA of 1972, as
amended; or of the RPC; or of any
SPL;
 2. He/she has not been previously
committed to a Center or to the care
of a DOH-accredited physician; and
 3. The Board favorably recommends
that his/her sentence be suspended.
AGGRAVATING
CIRCUMSTANCES RE: MINORS
 1. Use of minors in offense
 2. Minor is the victim
LIABILITY OF ALIENS AND
JURIDICAL ENTITIES
 1. For officers, RP
OFFENSES A PUBLIC OFFICER MAY BE
HELD LIABLE UNDER THE LAW

 1. Malversation