CRIMINAL PROCEDURE

RULE 110 TO RULE 127 OF THE RULES OF COURT

GENERAL PRINCIPLES

 Definition – Criminal procedure is the method for the apprehension

and prosecution of persons accused of a criminal offense and for
their punishment, in case of conviction
 Applies only to criminal cases
 Crime – an act or omission punishable by law
 Presumption of innocence
 Proof beyond reasonable doubt
 Retroactive if favorable to the accused
 Dura lex sed lex
RULE 110. PROSECUTION OF
OFFENSES
 How do you file or institute a criminal case?
 imprisonment of at least 4 years, 2 months and 1 day (prision correctional - max), file a
complaint with the Prosecutor for preliminary investigation
 If less, no need for preliminary investigation, may file with court or Prosecutor

 Complaint – sworn statement; charging offense; subscribed by offended party or

police

 Information -- accusation in writing; charging a person with an offense, subscribed by

the prosecutor; filed with the court.

 Who may file?

 Any person
 Exception: Adultery and Concubinage, Seduction, Abduction, Acts of Lasciviousness,
defamation (Sec 5) – Private Crimes
 Must be filed by offended party
Rule 110. Prosecution of Offense

 Who may prosecute a crime?

 Only the Public Prosecutor or Fiscal
 Except: private lawyer with authority from Fiscal

 What must be stated in the Complaint?

 Name of the accused
 Designation of the Offense, Cause of the Accusation
 Acts/Omissions, Qualifying and aggravating

 Acts or omissions constituting the offense

 Offended party
 Offenses against property - property must be described to properly identify offense charged

 Date – not necessary unless material ingredient

 Place – Should be filed in the place where offense was committed or essential ingredients occured (territoriality) (Sec
15)
 Except: moving vehicles, vessel (court of first port of entry), extra territorial crimes (Art 2 of RPC)

 How many crimes may be charged? Only one offense

 Except when the law prescribes a single punishment for various offenses
Rule 112. Preliminary Investigation

 At least 4 years, 2 months and 1 day

 Purpose is to determine if there is probable cause
 Sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof
 Not a trial type, only summary in nature
 Authorized officers:
 Only the prosecutors or other officers authorized by law (OMB,
COMELEC)
Rule 112. Preliminary Investigation

 Procedure
 File a complaint with the prosecutor
 Determine if there is ground to continue with the investigation;
otherwise, dismiss case.
 Respondent files a Counter-Affidavit
 Decides if there is probable cause
 If with probable cause, forwards to City or Provincial Prosecutor for
written authority or approval to file
 If with probable cause, files Information with the proper court
 If none, dismisses the complaint
 May appeal resolution with the Secretary of Justice
Rule 113. Arrest.

 Warrant of Arrest (Sec 5)

 Court determines if there is probable cause – judicial determination of
probable cause
 If yes, issue warrant of arrest; If none, dismiss the Information or
Complaint
 If in doubt, may order presentation of evidence by prosecutor

If requiring a PI and validly arrested without warrant

 may be filed by a prosecutor after inquest
 If no inquest prosecutor, filed by offended party or peace officer directly with
a court with supporting affidavits
Rule 113 - Arrest

 Valid warrantless arrests (by peace officer of private person)

 In his presence, person committed, committing or attempted - in
flagrante de licto
 Offense just been committed, probable cause based on personal
knowledge that he committed it - Hot pursuit
 Fugitives (already committed or escaped from arrest)
Rule 113. Arrest

 Arrest – actual restraint of person or submission to custody

 No violence or unnecessary force
 deliver to police station immediately
 Inform of authority, intention, cause of arrest
 Miranda rights (Art III, Consititution; RA 7438 on rights of person arrested)
 Right to remain silent, anything he says may be used against him
 Right to a counsel, state will provide if he cannot afford
Rule 114. Bail

 Security given for the release of a person in custody to guarantee

his appearance whenever required
 Form
 Cash
 Surety Bond
 Property Bond
 Recognizance
Rule 114. Bail
 Bail a matter of right?
 Yes, before and after conviction by MTC
 Yes, before conviction by RTC if offense is not capital or heinous crime
 Matter of discretion after conviction by RTC of offenses not capital or
heinous
 No if penalty imposed is more than 6 yrs and

 Recidivist, quasi-recidivist, habitual delinquent, reiteration

 Escaped from confinemt, evaded arrest or violated bail
 Offense committed under probation , parole or conditional pardon
 Probability of flight
 Undue risk of committing another crime

 No, if offense is capital (punishable by death at time of commission and

application), RP or LI, if evidence of guilty is strong
Rule 114. Bail

 File where the case is pending.

 If unavailable, any RTC or MTC judge in the area.
 If arrested in a place other than where the case is pending, any RTC
or MTC judge in the area
 If not yet charged, any court where he is held
 Posting of bail is not a waiver to challenge validity of arrest
 Must be raised before entering plea
Rule 115. Rights of the Accused.

 Presumed innocent
 Right to be informed of the nature and cause of the accusation
 To be present and defend in person or by counsel
 To testify as a witness, subject to cross-examination
 Right against self-incrimination
 Right to cross examine
 Right to subpoena
 Speedy, impartial and public trial
 Appeal
Rule 116. Arraignment and Plea

 Accusation is read in court and accused is asked if guilty or not

guilty
 If pleads guilty, court decides and imposes penalty
 If not guilty, case proceeds
 If silent or refuses to plea or conditional plea, not guilty
 If pleads guilty but presents exculpatory evidence, not guilty
 May plead guilty to lesser offense necessarily included in charged,
with consent
 Plea of guilty to capital offense – searching inquiry by judge,
prosecution to prove guilt and degree of culpability
Rule 116. Arraignment and Plea

 Plea of guilty may still be withdrawn before finality of conviction

 Suspension of arraignment
 Unsound mental condition
 Prejudicial question (previously filed civil action, similar issue, resolution of
issue determines if criminal action must proceed
 Secretary of Justice Appeal (60 days only from filing review)
 Motion for Bill of Particulars – before plea
Rule 117. Motion to Quash
 Before arraignment and plea
 Grounds:
 1) Facts charged do not constitute an offense
 2) No jurisdiction over offense
 3) No jurisdiction over the accused
 4) Lack of authority
 5) Not in accordance with prescribed form
 6) Duplicity or multiplicity
 7) Criminal liability or action extinguished
 8) Legal excuse or justification
 9) Double jeopardy (previously convicted or acquitted of offense charged)

 Effect of granting:
 May order another complaint/information be filed
 Does not bar prosecution for same offense unless grounded on 7,8 and 9

 If denied, proceed to trial. Order denying not appealable

Rule 117. Motion to Quash

 Double Jeopardy
 Case terminated; without express consent of accused; by a court of
competent jurisdiction; after accused has pleaded
 Bar to another prosecution for the offense charged, attempt or frustration
thereof or offense which is necessarily included or includes, except:
 Graver offense arose due to supervening facts
 Discovered after plea
 Plead guilty to lesser offense without consent of offended and prosecutor

 Provisional Dismissal
 If not more than 6 years or fine or both, permanent after 1 year if not revived
 If more, permanent after 2 years
Rule 118. Pre-trial

 Plea bargaining
 Stipulation of facts
 Marking of evidence
 Waiver of objections to admissibility of evidence
 Modification of Order of Trial
 Other matters
 Pre-trial agreement signed by accused and counsel
 Pre-trial order – binds parties unless modified by Court for manifest
injustice
Rule 119. Trial

 Order
 Prosecution
 Accused
 Rebuttal
 Sur-rebuttal
 Decision
 Maximum of 180 days from first day of trial
 May be dismissed for violation of right to speedy trial
 Demurrer to Evidence (after prosecution rests)
Rule 119. Trial

 State witness:
 Jointly charged accused by motion of prosecution before it rests, when:

 Absolute necessity
 No other direct evidence
 Substantial corroboration
 Not the most guilty
 No conviction of offense involving moral turpitude

 Effect if discharged is acquittal

Rule 120. Judgment

 90 days from submission for decision

 Guilty or not guilty
 Proper penalty; civil liability
 If accused absent without cause, cannot appeal
 May surrender and file motion within 15 days
Rule 121. New trial or
reconsideration
 Grounds for new trial:
 Error of law or irregularities prejudicial to accused
 New and material evidence, not discovered/produced during trial

 Grounds for reconsideration

 Errors of law or fact in judgment

 Any time before finality of conviction

 Only accused may file
Rule 122. Appeal

 Only the accused may appeal conviction.

 Complainant may appeal civil liability
 Acquittal may not be appealed; otherwise, double jeopardy
Rule 126. Searches and Seizures

 Search Warrant - An order in writing issued in the name of the

People of the Philippines, signed by a Judge and directed to a
peace officer, commanding him to search for personal property
described and bring it before the court
 Which Court? 1) where crime committed; 2) warrant enforced; 3)
where case is pending
Rule 126. Searches and Seizures

 Subject of search and seizure

 Subject of the offense
 Stolen or embezzled or fruits of the offense
 Used or intended to be used as means of committing the offense

 Requisites:
 Probable cause
 Complainant and witnesses personally examined by the Judge
 under oath
 One specific offense
Rule 126. Searches and Seizures

 Requisites:
 After examination under oath
 Particularly describing the place to be searched
 And things to be seized
 Search must be in the presence of the lawful occupant or relative or 2
witnesses in the locality
 Person need not be owner; sufficient if within control or possession
 Daytime only (vs arrest warrant)
 10 days validity (vs arrest warrant)
 Detailed receipt and inventory to judge who issued warrant
Rule 126. Searches and Seizures

 Valid warrantless search:

 Plain view of officer who has a right to be in the area
 Check points
 Warrantless arrests
 Moving vehicles
 The End
Sukran 