Criminal Procedure Notes (1)

CRIMINAL PROCEDURE: Justice Oscar Herrera Jr., 1st Semester SY 2012-2013, Reference: Herrera, Remedial Law, Volume IV, 2007 Edition.

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20 June 2012

Criminal Procedure

Is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and for their punishment, in case of conviction.

Investigation Prosecution Rendition of judgment

System of Criminal Procedure

1. Inquisitorial 2. Mixed 3. Accusatorial/Adversarial

Accusatorial

It is a contest between two parties, the prosecution & the defense. A combat between two opposing parties The court hears both sides impartially, receives evidence, and

renders judgment.

Rule 110- 127 of the Rules of Court as amended by the Revised Rules on Criminal Procedure

Criminal Jurisdiction

the authority to hear and try a particular offense and impose the punishment for it.

Elements:

1. The nature of the offense and/or penalty attached thereto; and 2. The fact that the offense has been committed in the territorial

jurisdiction of the court.

Requisites. It must have jurisdiction over the:

1. subject matter 2. territory where the offense was committed 3. person of the accused the judge issues a warrant and the accused is duly arrested or

voluntarily submits to himself to the Court.


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Jurisdiction over the subject matter

always determined/conferred by law, therefore, It cannot be fixed by the will of the parties.

the law enforced at the time of the commencement of the criminal action determines the jurisdiction of the court.

determined through the allegation in the complaint or information. It is not the title of that controls the offense, it is the narration

/allegation of the complaint or information.

First Level Courts:

1. Metropolitan Trial Courts- METC- in Metropolitan areas

2. Municipal Trial Courts- MTC- in Cities and Municipalities outside a Metropolitan area

3. Municipal Circuit Trial Courts- MCTC- in Cities and Municipalities grouped together and referred to as Circuits for the purpose of having their first level courts.

Second Level Courts:

1. Regional Trial Courts

Exclusive Original Jurisdiction (EOJ)

Jurisdiction conferred by law Cases are triable only by such Court Cannot be tried by any other Court

There is no such thing as concurrent jurisdiction in criminal cases.

Jurisdiction of First Level Courts:

Except in cases falling within the Exclusive Original Jurisdiction of the Regional Trial Courts, and of the Sandiganbayan, the MTC, METC, MCTC shall exercise:


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1. EOJ over all violations of city or municipal ordinances committed within their respective territorial jurisdiction; and

2. EOJ over all offenses punishable with imprisonment not exceeding six years irrespective of the amount of fine & regardless of other imposable accessory or other penalties.

3. In offenses involving damage to property through criminal negligence, irrespective of the extent of the damage to property.

4. Offenses punishable with only a fine not exceeding 4,000 pesos. 5. Criminal cases governed by the Rules on Summary Procedure. No more trial, submission only of position paper/ affidavit a) Violations of traffic laws, rules and regulations b) Violations of the rental law c) Violations of municipal and city ordinances d) Penalty for the offense charged is imprisonment not exceeding six

months or a fine not exceeding 1,000 pesos or both. e) Violations of BP 22 (Anti-Bouncing Check Law)

Exceptions: Those already conferred by Section 32 of BP 129 to RTC/Sandiganbayan

Jurisdiction of Second Level Courts:

Regional Trial Courts shall exercise EOJ in all criminal cases not within the EOJ of any court, tribunal, or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall thereafter be exclusively taken cognizance of by the latter.

Jurisdiction conferred by Section 32 of BP 129

1. Libel- penalty is prison correctional (6 months & 1day – 6 years) 2. Violations of RA 9165 or the Dangerous Drugs Act irrespective of the

penalty for the offense charged 3. Election offenses except failure to vote or register – maximum

penalty is 6 years.

04 July 2012

Jurisdiction of Family Courts:

1. Criminal cases where a minor is involved whether as offended party or offender.


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In view of the passage of RA 9344, 15 years and below are exempt from criminal liability, therefore, they cannot be prosecuted.

2. Cases against minors cognizable under the Dangerous Drugs Act. 3. Violations of RA 7610 (Special Protection of Children against Child

Abuse, Exploitation and Discrimination Act) 4. Cases of domestic violence against women and children.

Jurisdiction of the Sandiganbayan:

Shall exercise EOJ

I. In all cases involving violations of

RA 3019 (Anti- Graft and Corrupt Practices Act)

RA 1379

Chapter II, Section 2, Title VII, Book II of the RPC

Where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting, or interim capacity, at the time of the commission of the offense:

1. Official of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade 27 and higher of the Compensation and Position Classification Act of 1989, specifically including:

a) Provincial governors, vice governors, members of the sanguniang panlalawigan, and provincial treasurers, assessors, engineers, and other provincial department heads. (DATE);

b) City mayors, vice mayors, members of the sanguniang panglungsod, city DATE;

c) Officials of the diplomatic service occupying the position of consul and higher;

d) Philippine army and air force colonels, naval captains and all officers of higher rank;

e) Officers of the PNP while occupying the position of provincial director and those holding the rank of superintendent or higher;

f) City and provincial prosecutors and their assistants, and official and prosecutors in the Office of the Ombudsman and special prosecutor; and


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g) Presidents ,directors or trustees, or managers of GOCC, state universities or educational institutions or foundations;

2. Members of Congress and officials thereof classified as Grade 2 and up under CPC Act of 1989;

3. Members of the judiciary without prejudice to the provisions of the Constitution;

4. Chairmen and members of Constitutional Commissions, without prejudice to the provisions of the Constitution; and

5. All other national and local officials classified as Grade 27 and higher under the CPC Act of 1989.

It is not enough that the law violated is any of the 3, it is important that one or more of the accused occupies the position above at the time of the commission of the offense.

II. Other offenses or felonies whether simple or complex with other crimes committed by public officials and employees in relation to their office.

Offenses other than those mentioned in the first group occupying the position in the enumeration above.

2 Kinds of offenses deemed as office related:

1. The office is a constituent element of the crime committed, such that, the crime cannot exist without the office.

2. Although the office is not a constituent element, crime committed is in relation to public office. There must be a specific allegation of facts that it was intimately related to the discharge of their official duties.

III. Civil and criminal cases filed pursuant to and in connection with EO nos. 1,2,14,14-A of 1986

Jurisdiction of the Court of Tax Appeal:

Shall exercise EOJ over all criminal offenses in violations of:

1. National Internal Revenue Code, Tariff & Customs Code and other laws, rules and regulations administered by the Bureau of Internal Revenue and Bureau of Customs coupled with a claim of taxes & fees not less than 1 Million pesos.


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RULE 110

It is Important to know what a complaint or information is.

Common between the two: Must be in writing and in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved. (Sec. 2, Rule110)

Section 3. Complaint defined. A Complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

Example: Violation of Forestry Law

Director of Forestry may file a complaint, because he is a publc officer charged with the enforcement of the law violated (Foresty Law).

Section 4. Information defined. An Information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.

There is a certification that he has conducted the preliminary investigation, if required, or that he examined the evidence presented/submitted.

Signed/Subscribed by:

Sworn = under oath

Filed with:

Complaint 1. Offended party

2. Any peace officer

3. Other public officer

Always Court or Prosecutor

Information 1. Prosecutor No need Court (always)

How are criminal actions instituted?

What are the modes?


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Section 1. Institution of Criminal Actions. Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to Section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint 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.

The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in their charters.

Why file the complaint to proper officer and not directly to court?

Because it requires a preliminary investigation.

Examples:

Robbery committed in Manila City Prosecutor of Manila

Election offenses Commission on Elections

Cases cognizable by the Sandiganbayan Office of the Ombudsman

The proper officer who conducted the requisite preliminary investigation prepares the Information.

2 Modes where Preliminary Investigation is not required:

1. By filing the complaint directly with the MTC or MCTC if under jurisdiction of these courts.

Direct filing is allowed only in the MTC & MCTC.

2. By filing the complaint with the Office of the Prosecutor.

Why file with the Office of the Prosecutor if Preliminary Investigation is not required?


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He will not conduct a preliminary investigation, he will just examine the complaint & evidence whether or not there is basis. If he believes there is reasonable ground, he will prepare the information and file with the court.

In Metro Manila and other chartered cities, this is the only mode, by filing the complaint with the Office of the Prosecutor.

What is the importance?

By properly instituting the criminal action, it will be able to stop the running of the period of prescription

Where to file it?

Section 15. Place where Action is to be Instituted.

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.

(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including its departure and arrival.

(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.

(d) Crimes committed outside the Philippines but punishable under Article 2 of the RPC shall be cognizable by the court where the criminal action is first filed.

Section 5. Who must prosecute criminal actions. All criminal actions either commenced by a complaint or information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal


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prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders.

The offense of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.

The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.

No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party.

The prosecution for violation of special laws shall be governed by the provisions thereof.

All criminal actions commenced either by a complaint or information:

Under the direction & control of the Public Prosecutor.

Public Prosecutor is the one in charged:

Who or what to present as witness or evidence

What motion to file or not.

HE CALLS THE SHOTS.

May the Offended party participate?

Yes, the offended party may participate through its private prosecutor if he is seeking for civil liability.

Private prosecutor may intervene but the Public Prosecutor must be present.

Section 16. Intervention of the Offended Party in Criminal Action. Where the civil action for recovery of civil liability is instituted in the criminal action


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pursuant to Rule 111, the offended party may intervene by counsel in the prosecution of the offense.

2 Instances where Private Prosecutor may prosecute the criminal action even in the absence of the Public Prosecutor:

1. In case of heavy work schedule of the Public Prosecutor.

2. In the event of lack of Public Prosecutor.

Must be authorized in writing and subject to the approval of the court.

Shall continue to prosecute the case up to the end of the trial unless the authority is revoked or otherwise withdrawn.

In MTCs & MCTCs where the Public Prosecutor is not available, the following may prosecute the case:

1. Offended party

2. Any peace officer

3. Other public officer charged with the enforcement of the law violated

Authority to prosecute ends when there is already an available Public Prosecutor or when the case is elevated to the RTC.

Private Crimes

Adultery, Concubinage, Adbduction, Seduction, Acts of Lasciviousness

Defamation in relation to crimes above

Labeled as such because they cannot be prosecuted except upon a complaint filed by the offended party or persons authorized under Section 5, Rule 110.

The court cannot proceed to try the case without a complaint filed by the offended party & other authorized persons.

It becomes a jurisdictional question. Without such complaint, court is without jurisdiction to try the case.


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Exception: When the offended party (Abduction, Seduction, Acts of Lasciviousness) dies before she can file the complaint and there is no know parent, grandparent, or guardian.

Reason: Out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial.

Section 6. Sufficiency of complaint or information. A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.

Where an offense is committed by more than one person, all of them shall be included in the complaint or information.

Test of sufficiency of a complaint or information: PANDAN

1. Name of the accused

2. Designation of the offense given by the statute

3. Acts or omissions complained of as constituting the offense

4. Name of the offended party

5. Approximate date of the commission of the offense

6. Place where the offense was commited

If any one of these is not alleged in the complaint or information, a motion to quash may be filed.

Ground: It does not conform substantially to the prescribed form of a complaint or information (Sec. 3, Rule 117)

Motion to quash is the term used in criminal cases for a motion to dismiss in civil cases.

Section 7. Name of the accused. The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has


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been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.

If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or information and record.

Name of the Accused:

1. Name and surname

2. Any appellation or nickname by which he has been or is known

3. Described in a fictitious name

If disclosed or appears to the court, shall be inserted.

Section 8. Designation of the offense. The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specifying its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.

Designation of the offense:

1. Designation of the offense given by the statute

2. Acts or omissions constituting the offense

3. Qualifying and Aggravating circumstances

Example:

Section 5, Article II, RA 9165

Selling of shabu Violation of Section 5, Article II, RA 9165

Section 9. Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what


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offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.

Brief statement on how the crime imputed to him was committed by the accused.

All elements of the offense must be stated including the narration of facts.

If one element is missing, a motion to quash may be filed.

Ground: That the facts charged do not constitute an offense. (Section 3, Rule 117)

Not necessarily in the language used in the law but it is better to state in such language to ensure that all elements are present.

Under the Constitution, an accused must be informed briefly of the averment of how he committed the crime. That is, the nature and cause of the accusation.

Special and qualifying aggravating circumstances must be stated otherwise, it will not be considered in the rendition of judgment even if proved.

Section 10. Place of commission of the offense. The complaint or information is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense charged or is necessary for its identification.

Section 11. Date of Commission of the Offense. It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.

Except when it is a material ingredient of the offense, example:

In Infanticide, the precise date of birth and date the offense was committed is necessary.


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11 July 2012

Section 14.

Amendment- formal or substantial changes

Substitution- substantial change

Substantial matters are the recital of facts constituting the offense charged and determinative of the jurisdiction of the court. All other matters are merely of form.

Amendment without leave of court:

At anytime before the accused enters a plea to the charge

Does not downgrade the nature of the offense charged

Does not exclude any accused from the complaint or information

Amendment with leave of court:

After the plea and during trial

Formal only

Without causing prejudice to the rights of the accused

Amendment which, downgrades the nature of the offense charged / exclude any accused:

Upon motion by the prosecutor

With notice to the offended party

Amendment by substitution:

If the offense proved does not necessarily include or is not necessarily included in the offense charged in the original information

Mistake has been made in charging the proper offense

Prosecution initiates substitution

No judgment has been rendered yet


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18 July 2012

RULE 111

Section 1.

Civil liability deemed instituted with the criminal action, except when the offended party:

1. Waives the civil action

2. Reserves the right to institute it separately

before prosecution starts presenting its evidence

except in criminal action for violation of BP 22

need not be expressed

cannot be instituted until final judgment has been rendered in the criminalaction

3. Institutes the civil action prior to the criminal action

Section 2.

Civil action arising from a crime shall be suspended

The civil arising from a quasi-delict is not suspended but may proceed simultaneously.

Why is civil liability not extinguished when criminal liability is?

No.

Civil liability is a civil obligation, arising from a crime.

Civil obligations are extinguished by payment or performance.

Grounds: Payment or Performance.

If an accused is given amnesty or pardon, it is not a ground to extinguish civil liability.

Civil liability may arise from independent civil actions

The quantum of proof required in civil & criminal actions is different.


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That is why, extinction of criminal liability does not carry with it the extinction of civil liability, unless there is a finding in the final judgment that the act or omission from which the civil liability might arise did not exist.

Section 3. When Civil Action may proceed Independently. In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action may be brought by the offended party. It shall proceed independently of the criminal action and shall require only a preponderance of evidence. In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.

A particular act may result to 3 causes of action for the recovery of civil liability.

Example. Pedro/Juan flowerpot.

1. Article 100, RPC, reckless imprudence resulting to physical injuries

2. Fault or Negligence (Quasi-delict)

3. Article 32, Independent Civil Action

He cannot file all three to recover damages in all.

He has to choose only 1.

What is the effect of the death of the offended party?

No effect on the criminal action, it may still be proven without the offended party

It may weaken the side of the prosecution, but it is not a ground for the dismissal of the case or will extinguish the liability of the accused.

Death of the Accused

Criminal liability is extinguished

If the accused dies after arraignment but before final judgment, the civil liability arising from the crime is extinguished.


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If there is a pending civil action based on the Independent Civil Actions, it may proceed, by substituting the estate or legal representative of the accused.

If the accused dies before arraignment, the criminal and civil liability based on delict is extinguished without prejudiced to civil action based on Independent Civil actions.

Estate- the transfer of all properties of the deceased to his heirs after paying taxes & debts

Pending dissolution of the net estate, the administrator or executor shall manage it.

The estate is considered as an extension of his personality for purposes of paying/settling his debts.

Administrator- appointed by court

Executor- if there is a last will, name of the manager should be indicated

If the accused dies, any Independent Civil Action may be continued against his estate.

Provided there is a valid obligation independent of the crime.

Only proper substitution is required in Independent Civil Actions.

The heir will not be liable for an amount exceeding his share from the net estate.

Civil liability based on delict will only be extinguished after arraignment but before final judgment.

After final judgment, will be enforced from the estate.

Section 7. Elements of Prejudicial Question. The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and (b) the resolution of such issue determines whether or not the criminal action may proceed.


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It is an instance where the civil action is given more priority than the criminal action.

RULE 112

Section 1. Preliminary Investigation Defined; Where Required. Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a 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 the fine.

Preliminary Investigation is conducted to determine whether there is probable cause.

Probable cause in Preliminary Investigation

The existence of such facts and circumstances which would lead a reasonable or prudent man to believe that the person under investigation should be held for trial & therefore be charged in court.

An Executive determination

Probable cause in the issuance of warrant of arrest

A Judicial determination is mandated by the Constitution before a warrant of arrest may be issued.

Penalty at least 4 years 2 months and 1 day.

Prision correctional – entire Yes

Prision correctional – maximum Yes

4 years 2months 1 day Yes

Exception: Cases in Section 7, Rule 112.


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Preliminary investigation is a statutory right that can be waived, but it is part of one’s component right to due process, which is a constitutional right.

A quasi-judicial proceeding

Judicial for it affords parties opportunities to be heard & to present evidence before ruling/decision is made.

Judicial in nature but conducted by executive officials.

Can be waived if not invoked before arraignment.

Persons authorized to prosecute:

Section 2. Officers Authorized to Conduct Preliminary Investigations.

The following may conduct preliminary investigations:

(a) Provincial or City prosecutors and their assistants;

(b) National and Regional State Prosecutors; and

(c) Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective jurisdiction.

Section 3.

Important is the subpoena must be made by personal delivery mailing not allowed

Pending preliminary investigation, no warrant of arrest may be issued or before the case is filed before the court.

Section 4.

if there is probable cause shall prepare Resolution & Information

If there is none recommend the dismissal of the complaint

No complaint or information may be filed or dismissed by an Investigating Prosecutor without the prior written authority or approval of the provincial


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or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.

Investigating Prosecutor may only RECOMMEND.

Section 5.

The judge must personally evaluate the resolution and the supporting evidence.

if there is probable cause issue a warrant of arrest, if detention already a commitment order

Failure to establish probable cause dismiss the case

If in doubt in the existence of probable cause require the prosecutor to submit additional evidence

The judge can disregard the motion and arguments with regard to the issuance of a warrant of arrest.

Assignment:

People v. Montilla 285 SCRA 203

People v. Aruta 288 SCRA 626

25 July 2012

RULE 113

Lawfully arrested without a warrant

If there is no available Inquest Officer, immediate filing of the complaint is allowed on the basis of the affidavit by the peace officer.

Preliminary Investigation is required to be conducted before the filing of a complaint or information for offenses with penalty prescribed by law at least 4 years 2 months & 1 day, but may be dispensed with in the following cases of valid warrantless arrest under Section 5, Rule 113:

1. In Flagrante Delicto

2. Hot Pursuit


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3. Escapee

Cases 1 and 2

Prosecutor may immediately file the complaint or information provided an inquest was conducted.

The arresting officer may file the complaint if there is no available inquest officer.

Why is it allowed?

Article 125 of RPC (Arbitrary Detentio)

There is a maximum period wherein which an arresting officer could detain a person arrested without a warrant.

If Preliminary Investigation is still to be conducted, the arresting officer will be liable under Article 125 of RPC.

Because preliminary investigation will take more than the time provided for in Article 125.

Inquest

An informal, summary investigation conducted by public prosecutors in on persons arrested and detained without the benefit of a warrant arrest issued by court in order to determine whether there is probable cause to keep them in custody of the law and correspondingly be charged in court.

Duration is almost the same as that provided in Article 125, RPC

The person is not really deprived of his right to preliminary investigation, he can still prevent the filing of the complaint in court by asking for it, provided he signs a waiver of Article 125, RPC.

So instead of becoming an accused, he will still be a respondent.

But will have to remain in custody of the law during the preliminary investigation which will exceed the time provided in Article 125, RPC.

If the offense is bailable, he can apply for bail.

If the complaint is filed immediately in court, he can still ask for preliminary investigation.


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Court will issue a commitment order.

Within 5 days from the filing of the complaint, he may ask for preliminary investigation & may apply for bail if the offense is bailable.

Section 1. Definition of Arrest. Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Section 2. Arrest; how made. An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint than is necessary for his detention.

Taken into Custody

Under the power & control of the person making the arrest either by:

1. Actual Restraint; or

2. Voluntary submission

Actual Restraint

In determining, 2 things to consider:

1. The person making the arrest performs an act intended to effect the arrest of the subject and understood to be by the subject.

2. As a consequence, the person submits himself to the power & control of the person making the arrest.

There may actually be no need for physical or actual contact.

No violence or unnecessary force

Can use superior force, not necessarily equal but is necessary to overcome the resistance.

The person making the arrest is not required to afford a person attacking him the opportunity for a fair and equal struggle. (US v. Mojica)


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Valid Warrantless Arrest:

1. Section 5, Rule 113 (first 3 instances)

2. Section 13, Rule 113

3. 2nd paragraph, Section 23, Rule 114

Section 5, Rule 113

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;

In Flagrante Delicto

2. When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

Hot Pursuit

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Other than the five instances arrest unlawful

Private persons are allowed to make an arrest only in valid warrantless arrest cases, if there is a warrant of arrest, only a peace officer can make the arrest.

15 August 2012

Arrest

Methods:

1. Law enforcer lawful warrantless arrest


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2. Law enforcer with warrant of arrest

3. Private person lawful warrantless arrest

Custodial Investigation

A person under custodial investigation for the commission of a crime shall be informed of his rights under Section 12, Article 3, 1987 Constitution.

People v. Mara

RA 7438

1. A peace officer who makes an arrest has duty to inform the person of his rights (Miranda Rights) at the time of his arrest. It does not have to be during custodial investigation

2. A peace officer who is making an arrest can break into a building in order to effect the arrest on a person. Provided the following requisites must concur:

(a) The person to be arrested is inside the building or reasonably believed to be inside.

(b) The peace officer making the arrest announces his authority to whoever is in the position to allow him entry.

(c) The peace officer is refused entry into the building.

Cases of Montilla & Aruta

2 cases involving almost the same facts

2 conflicting decisions over the authority to arrest

decided before the year 2000

A peace officer cannot make an arrest based on suspicion.

He must have personal knowledge based on facts and circumstances that will give rise to the belief that the person to be arrested has omitted the offense.


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RULE 114

Miranda v. Tulyao 486 SCRA 377

People v. Fitzgerald 505 SCRA 573

Section 1. Bail defined. Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

Purpose is to make sure:

1. The person makes himself available whenever required to appear.

2. The person does not depart or flee.

If one is not in custody of the law, bail should not be talked about.

Only persons in custody of the law may apply for bail.

It may be furnished by him or a bondsman.

Bondsman

Another person who becomes the guarantor

The one who will guarantee the appearance of the person & that he will not violate the conditions of bail.

By legal fiction becomes the custodian of the person released by virtue of the bail.

Bail

Will answer for his disappearance

Will be forfeited if he escapes

Liability will devolve upon the bail

Basis is the presumption of innocence in favor of the accused.

The guarantee that may be put up:

1. Corporate surety


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An agreement by the person in custody of the law with an Insurance Company

2. Property bond

Constituted as a lien on a real property

3. Cash deposit

To be deposited in the nearest Collector of Internal Revenue, provincial, city, or municipal treasurer, or the clerk of court where the case is pending.

4. Recognizance

Different from the 3, there is no value.

Just an undertaking by the person to be in custody of himself or a responsible person in a community.

More of a promise. A written promise that he will comply with all the conditions imposed by the court.

It is not always allowed since it has no value.

Allowed only in cases specified by law.

The basis of bail is the presumption of innocence. Once the presumption of innocence ceases, the right to bail also terminates.

E.g. By virtue of the finality of a judgment.

Section 2.

The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective whether the case was originally filed in or appealed to it.

Efficacy of bail from approval to promulgation of judgment

The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia.

Waiver of his right to be present trial in absentia for that particular date


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Bail is a matter of right

For as long as the person in custody of the law can put up the guarantee provided by law, he is entitled to be released.

Subject to the conditions of bail.

Before & after conviction in the 1st Level Court

Before conviction by the RTC, provided the offense charged is not punishable by Reclusion Perpetua, Life Imprisonment, or Death.

Bail is a matter of discretion

Even if he can put up the guarantee provided by law, he is not automatically released, the court determines based on other factors or circumstances before deciding whether to grant or deny the application for bail.

After conviction by the RTC provided the offense charged is not punishable by Reclusion Perpetua, Life Imprisonment, or Death.

Conviction but has not yet attained finality of judgment.

Where to apply after conviction in the RTC

Court that rendered judgment (RTC)

Pending promulgation of the final judgment

May act upon such application for bail, provided the records of the case is still with the court

He cannot file the notice of appeal to the CA if the records are still with the RTC. CA will just ignore him.

EXCEPT when the conviction changes the nature of the offense charged from non-bailable to bailable. The application can only be made where the appeal is taken.

May still be in provisional liberty on the basis of the same bail but subject to the consent of the bondsman or the court may require additional amount of bail.

Bail is a matter of right before conviction for offenses punishable by Reclusion Perpetua, Life Imprisonment, or Death & the evidence of guilt is WEAK.


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Hearing

For the court to determine whether the evidence of guilt is strong

The prosecution has the burden of proving that the evidence of guilt is strong

Court can only determine whether to grant or deny bail during the hearing after presentation of evidence (exclusive of other matters, e.g. determination of guilt beyond reasonable doubt)

A weak evidence of guilt to justify the grant of bail.

Basis should be the evidence presented.

Section 9.

Who fixes the amount of bail?

The judge who issued the warrant or granted the application.

Excessive bail shall not be required.

Ultimate guideline provided by the Constitution

Section 16.

2 instances where even without bail, a person under custody of the law may be released immediately:

1. The person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged.

2. If the maximum penalty prescribed by law for the offense charged is Destierro and after 30 days of preventive imprisonment.

22 August 2012

A person who is not in custody of the law may not apply for bail.

People v. Fitzgerald

Miranda v. Tuliao

Where should bail be filed?


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Examine carefully Section 17.

Section 17. Bail, Where Filed. (a) Bail in the amount fixed may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any regional trial judge, metropolitan trial judge municipal trial judge, or municipal circuit trial judge in the province, city,or municipality. If the accused is arrested in a province, city, or municipality other than where the case is pending, bail may also be filed with any regional trial court of said place, or if no judge thereof is available, with any metropolitan trial judge municipal trial judge, or municipal circuit trial judge therein.

(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed in the court where the case is pending investigation, trial or appeal.

(c) 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.

1st paragraph

1. Where the case is pending

2. In the absence of the judge

a. RTC judge

b. 1st Level Court judge

OR

3. Arrested other than where the case is pending

a. RTC judge where arrested

b. 1st Level Court judge

(2nd paragraph) Matter of Discretion or on Recognizance

1. Application may ONLY be filed where the case is pending not with any other court unlike in the said paragraph.

(3rd paragraph) Not yet charged in court

1. In case of warrantless arrest, waiver of Article 125 RPC

a. Any court where he is being held


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Section 19. Release on Bail. The accused must be discharged upon approval of the bail by the judge with whom it was filed in accordance with Section 17 of this Rule.

When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall forward it together with the order of release and other supporting papers, to the court where the case is pending, which may, for good reason, require a different one to be filed.

2nd paragraph

RTC Manila case is pending

RTC Tawi-Tawi where arrested and bail was filed

RTC Tawi Tawi judge

Approves the bail, issues an order of release

Transmits the papers to RTC Manila

RTC Manila judge

May impose other conditions

My increase the amount of bail

For good reasons

Section 26. Bail not a Bar to Objections 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 if his arrest or the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the case.

Bail

Limited only to his provisional liberty & not a bar to…

But objections must be made before entering his plea, otherwise, it is deemed waived.


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Section 21.

If the person is out on bail, and is required to appear, failure to appear will result to the forfeiture of bail.

Section 22.

When bail shall be cancelled automatically:

1. Upon acquittal, dismissal of the case, or execution of the judgment of conviction

2. Upon motion of the bondsmen

a. Upon surrender of the accused

b. Upon death of the accused

If surety bond = released.

Bondsman

Becomes in legal contemplation the “custodian”

In effect the “jailer”

Responsible for the compliance of all the conditions of the person released by virtue of such bail.

He may no longer want to be the custodian, just surrender the person and upon motion that he wants to terminate the bail.

He is not under compulsion to remain a guarantor because it is purely voluntary on his part.

Upon death

Upon motion of the bondsmen.

The right to bail emanates from the right to be presumed innocent until the contrary is proved.

Once the judgment is final, he is no longer presumed innocent.

When the presumption of innocence ceases, his right to bail is also terminated.


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Except when he applies for probation notwithstanding the finality of judgment, he may still apply for bail.

By applying for probation, he accepts his conviction. It therefore attains finality.

Pending consideration for the application of bail, he is allowed to be released on bail.

RULE 115

Section14, Article III,1987 Constitution

Paragraphs 1& 2, & Rule 115 are the rights of the accused at trial.

Sections 16 & 17, Article III, 1987 Constitution – related provisions.

a. Section 2, Rule 133

Proof beyond reasonable doubt. In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding the possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind.

People v. Dramayo 42 SCRA 60

b. Section 9, Rule 110

Nature and Cause of Accusation

Done during arraignment

c. Right to counsel

Even the most intelligent or man may have no skill in the science of the law, particularly in the rules of procedure, and without a counsel, he may be convicted not because he is guilty but because he does not know how to establish his innocence.

Section 14, Article III, 1987 Constitution

d. Right to compulsory process


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Section 1, Rule 21. Subpoena. A process directed to a person requiring him to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his deposition. It may also require him to bring with him any books, documents, or other things under his control, in which case it is called a subpoena duces tecum.

Both for the prosecution and accused

e. Right against Self Incrimination (Very Important)

Because the burden of proving his guilt rest upon the prosecution.

The court cannot use its coercive power to compel the accused to be a witness against himself.

f. Cross- examination

If he testify, he is subject to cross-examination on all matters covered in his direct examination

If self-incriminating, he cannot refuse to answer because by taking the witness stand, he waives his rights but only as regards to his testimony in the direct examination.

If self-incriminating on offenses other than those charged, he may invoke his right.

RULE 116

It is during the arraignment where the accused is formally informed of the nature & cause of the accusation against him.

Section 1.

a) Process of Arraignment

Where:

1. Before the court where complaint or information was filed or assigned for trial; and

2. In open court by the Judge or Clerk of Court = PUBLIC

How:


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1. By furnishing the accused with a copy of the complaint or information;

2. Read the same in the language/dialect known to him;

3. Ask his plea whether guilty or not guilty.

b) Accused must be present at the arraignment and must personally enter his plea in record

Must be of record but failure to record shall not invalidate the proceeding

Arraignment is part of the Constitutional due process under Section 14, Article III.

No arraignment at all = defective decision, will invalidate the proceeding.

Later arraignment = cures the defect

People v. Atienza 86 Phil 576

Presumption is always in the regularity in the performance of official duties.

2 Instances where the court may enter in record a plea of not guilty:

1. Accused refuses to enter a plea

2. The accused makes a conditional plea

Duplicity of offenses charged in a complaint or information

If he fails to object or file a motion to quash, he agrees to be prosecuted on all charges and be convicted for each and every offense proved provided he is arraigned for every offense in the complaint or information.

Plea bargaining

Accused may be allowed to plead guilt to a lesser offense provided:

1. With the consent of the offended party/prosecutor.

2. Lesser offense is necessarily included or is a part of the offense charged.

3. During arraignment before trial.


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If offended party fails to appear after due notice, consent of prosecutor alone is sufficient.

No need to amend the complaint or information

It bars the subsequent prosecution even if convicted of lower offense

He may invoke double jeopardy.

Over the objection of the offended party or prosecution or both but Court accepts the plea of guilty on lesser offense.

Rule 117, Section 7 (c)

However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances:

(c) the plea of guilt to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in Section 1(f)of Rule 116.

Section 3. Plea of Guilty to Capital Offense; Reception of Evidence. When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf.

After a guilty plea:

1. Court must conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea.

2. Court must require the prosecution to present evidence to prove his guilt and the precise degree of culpability.

3. Court must allow the accused to present his evidence.

These are mandatory. Non-compliance to any of the following will invalidate the proceeding.

People v. Dayot

-Judge committed grave abuse of discretion-


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Mandatory presentation of evidence

People v. Patrick ….

Appoint counsel de officio

It is the court’s duty since it is the right of the accused to a counsel before arraignment

Section 7.

Court will appoint.

Section 9.

If the complaint or information is vague, the accused may file a motion for a bill of particulars.

The Prosecution to make a statement to clarify the details of the charges.

Section 10.

The accused has the right to examine the evidence even before trial

Section 11.

Suspension of Arraignment:

1. Accused is suffering from an unsound mind

2. There is a prejudicial question

3. There is a petition for review in the resolution of the prosecutor (60 daysonly)


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Criminal Procedure Notes (1)

Documents

Transcript of Criminal Procedure Notes (1)