Evidence adduced deemed automatically reproduced

1. Upon motion of the offended party, consolidation of civil and criminal action
without prejudice to the right of the prosecution to cross-examine the
witnesses and of the parties to present additional evidence (sec 2, Rule 111)
2. Bail (sec 8, Rule 114)
Evidence not automatically reproduced
1. Preliminary investigation
Guidelines in archiving of cases (cf: Rule 113; sec 11, Rule 116)
a) A criminal case may be archived only if after the issuance of the warrant of
arrest, the accused remains at large for six (6) months from the delivery of
the warrant to the proper peace officer. An order archiving the case shall require
the peace officer to explain why the accused was not apprehended. The court shall
issue an alias if the original warrant of arrest is returned by the peace officer together
with the report.
b) The court, motu proprio or upon motion of any party, may likewise archive a
criminal case when proceedings therein are ordered suspended for an
indefinite period because:
1) the accused appears to be suffering from an unsound mental condition which
effectively renders him unable to fully understand the charge against him and to
plead intelligently, or to undergo trial, and he has to be committed to a mental
hospital;
2) a valid prejudicial question in a civil action is invoked during the pendency of the
criminal case unless the civil and the criminal cases are consolidated;
3) an interlocutory order or incident in the criminal case is elevated to, and is
pending resolution/decision for an indefinite period before a higher court which has
issued a temporary restraining order or writ of preliminary injunction; and
4) when the accused has jumped bail before arraignment and cannot be arrested by
his bondsmen.
POLICE INVESTIGATION
General principles:
Miranda rights: Right to be informed of his right to remain silent, and to have
competent and independent counsel preferably of his own choice. If the
person cannot afford the services of counsel, he must be provided with one
o Not only upon filing of complaint or information, but includes custodial
investigation (People vs Maqueda)
Custodial investigation
o Includes mere invitation to a person who is investigated in
connection with an offense he is suspected to have committed, without
prejudice to investigating officers liability
o Does not include police line-up as long as it can be shown that the
identification in the line-up did not affect the identification at the trial
(not communicative or testimonial in nature) (US vs Wade)
o Even if not done in the police station, if the persons freedom was
limited in any way, the Miranda rights apply (Orozco vs Texas)
o Evidence that can be presented during custodial investigation
Waiver
Either of counsel or RPC Art. 125
Extrajudicial confession
Exclusionary rule

Fruit of the poisonous tree

Definition

As to application

Evidence obtained by
searches and seizures in
violation of the
Constitution is inadmissible
Evidence which may be
otherwise relevant and
inadmissible but which is
not admitted and may not
be considered in the
decision-making process

All other evidence derived

from an illegal source will
be inadmissible
Searches and seizures
when there is fruit
obtained in relation to the
original inadmissible
evidence

SEARCH WARRANT
Remedy of lawful occupant/owner (of objects seized in search warrant)
Motion to quash warrant
o Grounds:
Defects in procedure with respect to application and issuance
Defect in warrant itself
Defect in enforcement/implementation
Motion to return
Motion to suppress evidence

Moving
vehicles

Stop and
frisk

Plain view

Probabl
e cause
Y

Proof required
Tip/informant

Gut feel, hunch is

enough (intuition)
Existence of a
genuine reason, in
light of the police
officers experience
and surrounding
conditions, to
warrant the belief
that the person who
manifests unusual
suspicious conduct
has weapons or
contraband
concealed about
him.
Prior justification
Inadvertent
discovery
Incriminating nature
is
immediately

Nature of
search
Extensive

Scope of
search
All parts of the
vehicle

Less intrusive

Pat-down

Seizure must
precede the
arrest

Public
policy
Mobility,
not
practical to
secure a
warrant
Effective
crime
prevention
and
detection
Safety and
selfpreservati
on of
police
officer

Visual search

Limited to where
prior justification
allows

Aid
law
enforceme
nt

apparent

Customs
search

Reasonable cause
Warrant of seizure
and detention

In
conjunction
with
airport
searches

Incidental
to a lawful
arrest

Lawful arrest

Routinary
Shallow search

Test: (1) item to

be searched was
within
the
arrestees area
of
immediate
control; and (2)
search
was
contemporaneo
us with arrest
-

Emergenc
y
circumstan
ces
Consented
searches

No
paramet
ers
N

Airport
search

Consent must be
freely given; mere
silence not allowed
Can be determined
through
external
acts
-

Depending
warrant

on

Limited
to
person
and
things within his
immediate
control

Enforce
custom
laws
Safety
of
officer and
preservati
on
of
evidence

Gain possession
of weapons and
destructible
evidence
-

No parameters

No parameters

Mandatory

Akin to stop and

frisk, but can
also
search
personal
belongings

Safety,
order

May go beyond a
pat down, and is
not limited to
weapons
Moving Vehicles

Checkpoint

Everything can be searched

Limited

Extensive search

Plain view/visual search

Probable cause required

No physical intrusion, no probable cause

Can stop and frisk be used to justify plain view?

Yes, as long as elements of plain view are present
Can a person subject of terry search be arrested?

 Yes, sec 5 Rule 113 (a) (b)

In airport searches, can officers detain you?
Ideally no
Can a person subject of stop and frisk who runs be searched? Or immediately
arrested?
If arrest, prove two things: a) arrest, b) search incidental
What happens to evidence obtained?
With warrant? Rule 126
Without warrant? Police keeps it
Remedies of accused search with warrant
MTQ
Motion to suppress evidence, motion to return
Objection in trial, once offer is made
Irregularities
o In procedure, warrant, etc
Violation of Miranda rights, counsel, etc [fruit of the poisonous tree]
Remedies of accused search without warrant
Objection in trial
Administrative/criminal complaint against police officer [Ombudsman]
Writ of replevin [Rule 60]
ARREST
Remedies of person arrested
Arrested before filing of information
o If warrantless arrest, sec 5 Rule 113 does not apply
o Motion to hold in abeyance
o Determine judicial determination of probable cause
Arrested after filing of information
o Insufficient probable cause
o Motion to quash warrant of arrest
Before arraignment
o Motion to quash information no jurisdiction over the person of the
accused
In case of in flagrante delicto, remedy of policeman
Apply for search warrant
In flagrante delicto
Overt act, in the presence of an officer
Personal knowledge, may be based on tip
information
Based on jurisprudence, it seems like the
Court wants more than overt acts

Hot Pursuit
Police were nowhere
Probable cause
Personal knowledge based on facts and
circumstances
Immediacy when an offense has just
been committed; construed to mean
within the same day/reasonable period
Why? Prevent unbridled discretion of
officer

PRELIMINARY INVESTIGATION/INQUEST
Time periods:
Within 10 days from receipt of complaint dismiss case or issue subpoena
Within 10 days from receipt of subpoena submit counter-affidavit
Within 10 days from submission of counter-affidavit or from expiration of the period
hearing
Within 5 days termination of hearing
Within 10 days after investigation prepare resolution - either dismiss or hold trial
Within 5 days from resolution forward the case to CSP or PCP or Ombudsman
Within 10 days from receipt of resolution CSP, PCP, or Ombudsman will act on
resolution
As to the
goal/purp
ose

Preliminary Investigation
Determine probable cause, and file
information

As to
period in
which it is
conducted

Sec 3 Rule 112

Pros and
Cons

Pros of PI
More time to prepare defense so he
can answer fully
Time to locate witness
Cons of PI
Waiver of Art. 125 in the presence of
counsel
Stay in detention, unless offense
charged is bailable
No presence when:
Accused cant be located
Refuses to file counter-affidavit
Fails to file on time
NOT required

As to
presence
of the
accused
Presence
of counsel
Hearing

What

Hearing, propound questions to clarify facts

and issues, parties may submit questions
through the prosecutor

are the documents required in inquest?

Affidavit of arrest
Investigation report
Statement of complainant and witnesses
Other evidence

Inquest
Determine probable
cause, and file
information
Done in lieu of PI, to
determine validity of
arrest/warrantless arrest
Summary (Proceedings
are short, need to
complete within 12,18,36
hrs) and relies only on
available evidence

Required

Required

Remedies of accused after prosecutor issues resolution

MR 15 days from notice
Appeal through DOJ
o MR is not a prerequisite, except when filed under rule 65
o Complainant appellant/appellee
o Respondent appellant/appellee
What are the contents of the petition for review through the DOJ?
Sec 5 DOJ Circular #70
Note: the records are never elevated to DOJ; remain with prosecutor
Remedies of the losers after promulgation of DOJ decision
MR within 10 days
o If denied, petition under Rule 65 (CA)
MR and/or Appeal under Rule 45 (SC)
Remedies of offended party if prosecutor refuses to file an information
Mandamus Grave abuse of discretion
Lodge new complaint before a court having jurisdiction
Take up matter with secretary of justice
Administrative charges against prosecutor
Criminal action against prosecutor
Criminal prosecution
GR: Cant restrain criminal prosecution, public interest dictates that criminal actions
are prosecuted for societys prosecution
Exceptions:
Violating constitutional rights of accused
For orderly administration of justice/avoid multiplicity of actions
Prejudicial question which is subjudice
Acts of officer are without or in excess of authority
Invalid law, ordinance or regulation
Double jeopardy
Court has no jurisdiction
Case of persecution not prosecution
Manifestly false charges, motivated by vengeance
No prima facie case
One cannot convict the accused under one act when he is charged with violation of
another if it:
1. Requires a change in theory of trial
2. Requires a different defense
3. Surprises the accused in any way
FILING OF INFORMATION
Remedies of accused when prosecutor recommends filing of the information BEFORE
the information is filed
Motion for reinvestigation/reconsideration
o 15 days from receipt of resolution by party or counsel
o If denied, file rule 65 petition for certiorari (60 days)
If denied, MR (15 days)

If denied, rule 45 appeal to SC (15 days, extendible 30

days)
Appeal petition for review with the DOJ
o 15 days from receipt of resolution

Remedies of prosecution if information is defective

Motion to withdraw
Motion to amend
o Sec 4 Rule 110 (Information defined)
o Sec 4 Rule 120 (Variance between allegation and proof)
o Earliest: at the time of the filing of the information
Either through motion, or while presenting evidence
Remedies of the accused after the information is filed
MTQ information
o Venue in criminal cases is jurisdictional jurisdictional infirmity may be
raised on appeal
Petition for judicial determination of probable cause
Motion for reinvestigation
Motion to suspend arraignment (sec 11 Rule 116)
Motion to hold in abeyance issuance of WA
In cases where the accused is charged with a capital offense - motion for Bail
o To trigger evidentiary hearing
Motion for bill of particulars
Motion for production/inspection of evidence
Continuing offense
All acts are considered one act necessary
for consummation of the crime (e.g.
estafa)

Transitory offense
Several acts constituting the crime are
committed in different places (e.g.
robbery)

Remedy of accused in case of duplicity of offense (See: sec 13, Rule 110; sec 3(f)
Rule 117; and sec 3 Rule 120)
Motion to quash (R110S13) BEFORE arraignment (R117S3(f)); otherwise
waived (R120S3)
Test of indictment
Apprise defendant of specific offense charged
Sufficiently definite that if defendant is later charged with the same offense,
he can interpose a plea of double jeopardy
Remedy of the accused when private prosecutor is a disintereseted party
Motion to exclude private prosecutor (Francisco vs People)
Is it enough to merely state the name of the co-accused?
No, it has to be clear what offense he is charged with
Does the prosecution need to allege conspiracy?
It is more beneficial not to allege (because it is harder to prove and easier to
acquit the accused), except in RA 3019 (Graft and Corrupt Practices Act)
WHEN it concerns a private individual

Remedy of offended party who decides halfway to file independent civil action
Reserve before prosecution presents evidence (before trial)
Can prosecution recommend filing of more than 1 information?
Yes. BP 22 for example
If Court dismisses the complaint because of lack of probable cause, can the accused
raise the defense of double jeopardy? Or can the information be refiled?
Yes, it can be refiled.
o It does not affect the validity of complaint or information
o No arraignment
o Dismissed without consent:
If motu proprio? No dismissal
Upon motion of offended party - dismissed
BAIL
What is recognizance?
Recognizance is a mode of securing the release of any person in custody or
detention for the commission of an offense who is unable to post bail due to
abject poverty. The court where the case of such person has been filed shall
allow the release of the accused on recognizance as provided herein, to the
custody of a qualified member of the barangay, city or municipality
where the accused resides. (sec 3, RA10389)
Definition
As to the Court in which it
is filed

Bail
Sec 1, Rule 114
Sec 17, Rule 114

Recognizance
Unable to post bail due to
abject poverty
Only in the Court where
the case is pending (Sec
17(c) Rule 114)

General rule: All offenses are bailable, except when prosecutor proves strong
evidence of guilt in capital offenses
What is the earliest time to file application for bail?
Under custody before filing of information
After information is filed (either before or after WA is issued), before
arraignment & plea
Before judgment
Between judgment and appeal
Kinds of bail
Before conviction

After conviction

RTC: capital offense

Discretionary

RTC: non-capital

Right

Cannot file application for

bail
Discretionary

MTC

Right

Right

ARRAIGNMENT AND PLEA

Remedies before arraignment
Motion to suspend (Sec 11)
MTQ
Motion for Bill of particulars (Sec 9)
Motion for production/inspection of evidence (Sec 10)
o To prevent surprises and suppression
Remedy before trial (both for prosecution and accused)
Examination of witness (sec 12, 13, 15, Rule 119)
Kinds of plea
1. Guilty
a. Capital offense
b. Non-capital offense
2. Plea bargain
a. Guilty to a lesser offense
3. Improvident plea
a. Plea without information as to all the circumstances affecting it; based
upon a mistaken assumption or misleading information or advice
4. Conditional plea
PRE-TRIAL
Judicial affidavit rule
Submission
o File with the court and serve on the adverse party
o The judicial affidavits of the witnesses shall take the place of such
witnesses direct testimonies
o As well as parties documentary or object evidence

Contents of judicial Affidavit

o Prepared in the language known to the witness, and if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall
contain the following
o The name, age, residence or business address, and occupation of the
witness;
o The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is
being held;
o A statement that the witness is answering the questions asked of him,
fully conscious that he does so under oath, and that he may face
criminal liability for false testimony or perjury;
o Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
o Show the circumstances under which the witness acquired the facts
upon which he testifies;
o Elicit from him those facts which are relevant to the issues that the
case presents; and
o Identify the attached documentary and object evidence and establish
their authenticity in accordance with the Rules of Court;
o The signature of the witness over his printed name; and

A jurat with the signature of the notary public who administers the oath
or an officer who is authorized by law to administer the same.

Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all
criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of
the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties
involved are.
(b) The prosecution shall submit the judicial affidavits of its witnesses not
later than five days before the pre-trial, serving copies if the same upon the
accused. The complainant or public prosecutor shall attach to the affidavits such
documentary or object evidence as he may have, marking them as Exhibits A, B, C,
and so on. No further judicial affidavit, documentary, or object evidence shall be
admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the
judicial affidavits of the prosecution, he shall have the option to submit his judicial
affidavit as well as those of his witnesses to the court within ten days from receipt
of such affidavits and serve a copy of each on the public and private
prosecutor, including his documentary and object evidence previously marked as
Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the
accused and his witnesses when they appear before the court to testify.
TRIAL
Pertinent doctrines in trial
Right against self-incrimination
o Waived if testified
Exclusionary rule
Cross-examination
o Can be waived
Chain of custody rule
Due process
o Can be waived
Alibi
Corpus delicti
Remedy of accused before prosecution rests Motion to discharge accused to be
state witness
Supported by evidence and sworn statement of proposed state witness
If motion is granted, it amounts to an acquittal
Remedy of accused after prosecution rests DEMURRER
Motion to dismiss based on insufficiency of evidence
o Without leave waive right to present evidence
o With leave sec 9 Rule 115
If motion to dismiss (demurrer) is granted, will first jeopardy attach? YES
Remedy of accused when demurrer is denied
Rule 65

JUDGMENT
Period for new trial
Before judgment of conviction is final
o 15 days from promulgation (notice of appeal)
o 30 days if appeal involves 1) multiple appeals and 2) mode of appeal is
record on appeal
Information (sec 6, Rule 110)
When

Contents
Judgment (sec 2, Rule 120)

it matters if an offense is included in another offense

Amendment
Plea bargain
Judgment in case of variance (sec 4, Rule 120)
Double jeopardy (sec 4, Rule 117)

Remedies before Final Judgment

1. Motion to reopen
(sec 24, Rule 119)

CA to SC

RTC to CA

Judgment

15 Day period
2. MR
Motion for new trial
Modification
3. Appeal
4. Appeal (In some
cases)
NOTE: Always Rule
13

Rule 45
Petition for review
15 days, extendible 30 days
Rule 122 cf: Rule 41 (RTC, in exercise of original jurisdiction)
Notice of appeal
15 days from notice of judgment or denial of motion

CA to SC

Questions of law (sec 1, Rule 45)

RTC to CA

Errors of facts and law

MTC to RTC

Finality of judgment

Errors of facts and law

Rule 45
Petition for review
15 days, extendible 30
days
Rule 42
Petition file with
appellate court
Exchange of briefs
15 days, extendible 15
days
Rule 40
Notice of appeal file in
Court which rendered
judgment

Sandiganbay
an to SC

Appeal briefs/memoranda
15 days

Rule 45
Sandiganbayan 7 divisions

Can the party still file motion for new trial with CA? YES
APPEALS
General principles:
Cannot change theory on appeal
Rule 65 not allowed if there is lapse of time in filing appeal
Those waived cannot be resurrected on appeal
Two concepts of Final
1. Final as Final Judgment or interlocutory order
a. Test: if there is nothing to be done
2. Attains finality
a. Lapse of 15 days, doing any act