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REVISED RULES OF CRIMINAL PROCEDURE Rules 110 to 127 [12/1/2000)

RULE 110 - PROSECUTION OF OFFENSES

Sec. 1. Institution of criminal actions
Sec. 2. The Complaint or information
Sec. 3. Complaint defined
Sec. 4. Information defined
Sec. 5. Who must prosecute criminal actions
Sec. 6. Sufficiency of complaint or information
Sec. 7. Name of the accused
Sec. 8. Designation of the offense
Sec. 9. Cause of the accusation
Sec. 10. Place of commission of the offense
Sec. 11. Date of commission of the offense
Sec. 12. Name of the offended party
Sec. 13. Duplicity of the offense.
Sec. 14. Amendment or substitution
Sec. 15. Place where action is to be instituted
Sec. 16. Intervention of the offended party in criminal action.

RULE 111 - PROSECUTION OF CIVIL ACTION

Sec. 1. Institution of criminal and civil actions
Sec. 2. When separate civil action is suspended
Sec. 3. When civil action may proceeded independently
Sec. 4. Effect of death on civil actions
Sec. 5. Judgment in civil action not a bar
Sec. 6. Suspension by reason of prejudicial question
Sec. 7. Elements of prejudicial question

RULE 112 - PRELIMINARY INVESTIGATION

Sec. 1. Preliminary investigation defined
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Sec. 2. Officers authorized to conduct preliminary investigations.

Sec. 3. Procedure.
Sec. 4. Resolution of investigating prosecutor and its review.
Sec. 5. Resolution of investigating judge and its review.
Sec. 6. When warrant of arrest may issue.
Sec. 7. When accused lawfully arrested without warrant.
Sec. 8. Records.
Sec. 9. Cases not requiring a preliminary investigation nor covered by
the Rule on Summary Procedure.

RULE 113 - ARREST

Sec. 1. Definition of arrest.
Sec. 2. Arrest; how made.
Sec. 3. Duty of arresting officer.
Sec. 4. Execution of warrant.
Sec. 5. Arrest without warrant;
Sec. 6. Time of making arrest.
Sec. 7. Method of arrest by officer by virtue of warrant.
Sec. 8. Method of arrest by officer without warrant.
Sec. 9. Method of arrest by private person.
Sec. 10. Officer may summon assistance.
Sec. 11. Right of officer to break into building or enclosure.
Sec. 12. Right to break out from building or enclosure.
Sec. 13. Arrest after escape or rescue.
Sec. 14. Right of attorney or relative to visit person arrested.

RULE 114 - BAIL

Sec. 1. Bail defined.
Sec. 2. Conditions of the bail; requirements.
Sec. 3. No release or transfer except on court order or bail.
Sec. 4. Bail, a matter of right; exception.
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Sec. 5. Bail, when discretionary.

Sec. 6. Capital offense defined.
Sec. 7. Capital offense of an offense punishable by reclusion perpetua
or life imprisonment, not bailable.
Sec. 8. Burden of proof in bail application.
Sec. 9. Amount of bail; guidelines.
Sec. 10. Corporate surety.
Sec. 11. Property bond, how posted.
Sec. 12. Qualifications of sureties in property bond.
Sec. 13. Justification of sureties.
Sec. 14. Deposit of cash as bail.
Sec. 15. Recognizance.
Sec. 16. Bail, when not required; reduced bail or recognizance.
Sec. 17. Bail, where filed. —
Sec. 18. Notice of application to prosecutor.
Sec. 19. Release on bail.
Sec. 20. Increase or reduction of bail.
Sec. 21. Forfeiture of bond.
Sec. 22. Cancellation of bail.
Sec. 23. Arrest of accused out on bail.
Sec. 24. No bail after final judgment; exception.
Sec. 25. Court supervision of detainees.
Sec. 26. Bail not a bar to objections on illegal arrest, lack of or
irregular preliminary investigation.

RULE 115 - RIGHTS OF ACCUSED

Sec. 1. Rights of accused at the trial.

RULE 116 - Arraignment and Plea

Sec. 1. Arraignment and plea; how made. —
Sec. 2. Plea of guilty to a lesser offense.
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Sec. 3. Plea of guilty to capital offense; reception of evidence.

Sec. 4.Plea of guilty to non-capital offense; reception of evidence,
discretionary.
Sec. 5. Withdrawal of improvident plea of guilty.
Sec. 6. Duty of court to inform accused of his right to counsel.
Sec. 7. Appointment of counsel de oficio.
Sec. 8. Time for counsel de oficio to prepare for arraignment.
Sec. 9. Bill of particulars.
Sec. 10. Production or inspection of material evidence in possession
of prosecution.
Sec. 11. Suspension of arraignment.

RULE 117 - MOTION TO QUASH

Sec. 1. Time to move to quash.
Sec. 2. Form and contents.
Sec. 3. Grounds.
Sec. 4. Amendment of the complaint or information.
Sec. 5. Effect of sustaining the motion to quash.
Sec. 6. Order sustaining the motion to quash not a bar to another
prosecution; exception.
Sec. 7. Former conviction or acquittal; double jeopardy.
Sec. 8. Provisional dismissal.
Sec. 9. Failure to move to quash or to allege any ground therefor.

RULE 118 - PRE-TRIAL

Sec. 1. Pre-trial; mandatory in criminal cases.
Sec. 2. Pre-trial agreement.
Sec. 3. Non-appearance at pre-trial conference.
Sec. 4. Pre-trial order.
RULE 119 - TRIAL
Sec. 1. Time to prepare for trial.
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Sec. 2. Continuous trial until terminated; postponements.

Sec. 3. Exclusions.
Sec. 4. Factors for granting continuance.
Sec. 5. Time limit following an order for new trial.
Sec. 6. Extended time limit.
Sec. 7. Public attorney's duties where accused is imprisoned.
Sec. 8. Sanctions.
Sec. 9. Remedy where accused is not brought to trial within the time
limit.
Sec. 10. Law on speedy trial not a bar to provision on speedy trial in
the Constitution.
Sec. 11. Order of trial.
Sec. 12. Application for examination of witness for accused before trial.
Sec. 13. Examination of defense witness; how made.
Sec. 14. Bail to secure appearance of material witness.
Sec. 15. Examination of witness for the prosecution.
Sec. 16. Trial of several accused.
Sec. 17. Discharge of accused to be state witness.
Sec.18. Discharge of accused operates as acquittal.
Sec. 19. When mistake has been made in charging the proper offense.
Sec. 20. Appointment of acting prosecutor.
Sec. 21. Exclusion of the public.
Sec. 22. Consolidation of trials of related offenses.
Sec. 23. Demurrer to evidence.
Sec. 24. Reopening.
RULE 120 - JUDGMENT
Sec. 1. Judgment definition and form.
Sec. 2. Contents of the judgment.
Sec. 3. Judgment for two or more offenses.
Sec. 4. Judgment in case of variance between allegation and proof.
Sec. 5. When an offense includes or is included in another.
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Sec. 6. Promulgation of judgment.

Sec. 7. Modification of judgment.
Sec. 8. Entry of judgment.
Sec. 9. Existing provisions governing suspension of sentence,
probation and parole not affected by this Rule.

RULE 121 - NEW TRIAL OR RECONSIDERATION

Sec. 1. New trial or reconsideration.
Sec. 2. Grounds for a new trial.
Sec. 3. Ground for reconsideration.
Sec. 4. Form of motion and notice to the prosecutor.
Sec. 5. Hearing on motion.
Sec. 6. Effects of granting a new trial or reconsideration.

RULE 122 - APPEAL

Sec. 1. Who may appeal. — Any party may appeal from a judgment or
final order, unless the accused will be placed in double
jeopardy.
Sec. 2. Where to appeal.
Sec. 3. How appeal taken.
Sec. 4. Publication of notice of appeal.
Sec. 5. Waiver of notice.
Sec. 6. When appeal to be taken.
Sec. 7. Transcribing and filing notes of stenographic reporter upon
appeal.
Sec. 8. Transmission of papers to appellate court upon appeal.
Sec. 9. Appeal to the Regional Trial Courts.
Sec. 10. Transmission of records in case of death penalty.
Sec. 11. Effect of appeal by any of several accused.
Sec. 12. Withdrawal of appeal.
Sec. 13. Appointment of counsel de oficio for accused on appeal.
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RULE 123 - PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Sec. 1. Uniform Procedure.

RULE 124 - PROCEDURE IN THE COURT OF APPEALS

Sec. 1. Title of the case.
Sec. 2. Appointment of counsel de officio for the accused.
Sec. 3. When brief for appellant to be filed.
Sec. 4. When brief for appellee to be filed; reply brief of the appellant.
Sec. 5. Extension of time for filing briefs.
Sec. 6. Form of briefs.
Sec. 7. Contents of brief.
Sec. 8. Dismissal of appeal for abandonment or failure to prosecute.
Sec. 9. Prompt disposition of appeals.
Sec. 10. Judgment not to be reversed or modified except for substantial
error.
Sec. 11. Scope of judgment.
Sec. 12. Power to receive evidence
Sec. 13. Quorum of the court; certification or appeal of cases to
Supreme Court.
Sec. 14. Motion for new trial.
Sec. 15. Where new trial conducted.
Sec. 16. Reconsideration.
Sec. 17. Judgment transmitted and filed in trial court.
Sec. 18. Application of certain rules in civil to criminal cases.

RULE 125 - PROCEDURE IN THE SUPREME COURT

Sec. 1. Uniform procedure.
Sec. 2. Review of decisions of the Court of Appeals.
Sec. 3. Decision if opinion is equally divided.
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RULE 126 - SEARCH AND SEIZURE

Sec. 1. Search warrant defined.
Sec. 2. Court where application for search warrant shall be filed.
Sec. 3. Personal property to be seized.
Sec. 4. Requisites for issuing search warrant.
Sec. 5. Examination of complainant; record.
Sec. 6. Issuance and form of search warrant.
Sec. 7. Right to break door or window to effect search.
Sec. 8. Search of house, room, or premise to be made in presence of
two witnesses.
Sec. 9. Time of making search.
Sec. 10. Validity of search warrant.
Sec. 11. Receipt for the property seized.
Sec. 12. Delivery of property and inventory thereof to court; return and
proceedings thereon.
Sec. 13. Search incident to lawful arrest.
Sec. 14. Motion to quash a search warrant or to suppress evidence;
where to file

RULE 127 - PROVISIONAL REMEDIES IN CRIMINAL CASES

Sec. 1. Availability of provisional remedies.
Sec. 2. Attachment.