RULES OF COURT OF
contains the full text of the
Rules of Criminal Procedure, As Amended
1985 RULES OF
Rules 110 to 127
[As Amended per
Adopted by the Supreme Court
on June 17, 1988
July 7, 1989]
Section 1. How instituted.
subject to the rule on summary procedure in special cases, the
of criminal actions shall be as follows:chanroblesvirtuallawlibrary
Sec. 2. The complaint or
falling under the jurisdiction of the Regional Trial Courts, by filing
the complaint with the appropriate officer for the purpose of
the requisite preliminary investigation therein;
(b) For offenses
under the jurisdiction of the Municipal Trial Courts and Municipal
Trial Courts, by filing the complaint or information directly with the
said courts, or a complaint with the fiscal’s office. However, in
Manila and other chartered cities, the complaint may be filed only with
the office of the fiscal.
In all cases,
shall interrupt the period of prescription of the offense charged.
information shall be in writing in the name of the People of the
against all persons who appear to be responsible for the offense
Sec. 3. Complaint
written statement charging a person with an offense, subscribed by the
offended party, any peace officer or the republic officer charged with
the enforcement of the law violated.
Sec. 4. Information
an accusation in writing charging a person with an offense subscribed
the fiscal and filed with the court.
Sec. 5. Who must
either commenced by complaint or by information shall be prosecuted
the direction and control of the fiscal. However, in the Municipal
Courts or Municipal Circuit Trial Courts when there is no fiscal
the offended party, any peace officer or public officer charged with
enforcement of the law violated may prosecute the case. This authority
ceases upon actual intervention of the fiscal or upon elevation of the
case to the Regional Trial Court.
Sec. 6. Sufficiency of
The crimes of
concubinage shall not be prosecuted except upon a complaint filed by
offended spouse. The offended party cannot institute criminal
without including both the guilty parties, if they are both alive, nor,
in any case, if the offended party has consented to the offense or
The offenses of
abduction, rape or acts of lasciviousness, shall not be prosecuted
upon a complaint filed by the offended party or her parents,
or guardian, nor, in any case, if the offender has been expressly
by the above-named persons, as the case may be. In case the offended
dies or becomes incapacitated before she could file the complaint and
no known parents, grandparents or guardian, the State shall initiate
criminal action in her behalf.
The offended party,
if she were a minor, has the right to initiate the prosecution for the
above offenses, independently of her parents, grandparents or guardian,
unless she is incompetent or incapable of doing so upon grounds other
her minority. Where the offended party who is a minor fails to file the
complaint, her parents, grandparents, or guardian may file the same.
right to file the action granted to the parents, grandparents or
shall be exclusive of all other persons and shall be exercised
in the order herein provided, except as stated in the immediately
No criminal actions
which consists in the imputation of an offense mentioned above, shall
brought except at the instance of and upon complaint filed by the
is sufficient if it states the name of the accused; the designation of
the offense by the statute; the acts or omissions complained of as
the offense; the name of the offended party; the approximate time of
commission of the offense, and the place wherein the offense was
Sec. 7. Name of accused.
When an offense is
by more than one person, all of them shall be included in the complaint
must state the name and surname of the accused or any appellation or
by which he has been or is known, or if his name cannot be discovered
must be described under a fictitious name with a statement that his
name is unknown.
Sec. 8. Designation of
If in the course of
the true name of the accused is disclosed by him, or appears in some
manner to the court, the true name of the accused shall be inserted in
the complaint or information and record.
a complaint or information should state the designation given to the
by the statute, besides the statement of the acts or omissions
the same, and if there is no such designation, reference should be made
to the section or subsection of the statute punishing it.
Sec. 9. Cause of
The acts or
complained of as constituting the offense must be stated in ordinary
concise language without repetition, not necessarily in the terms of
statute defining the offense, but in such form as is sufficient to
a person of common understanding to knowwhat offense is intended to be
charged, and enable the court to pronounce proper judgment.
Sec. 10. Place of the
of the offense.
information is sufficient if it can be understood therefrom that the
was committed or some of the essential ingredients thereof occurred at
some place within the jurisdiction of the court, unless the particular
place wherein it was committed constitutes an essential element of the
offense or is necessary for identifying the offense charged.
Sec. 11. Time of the
of the offense.
It is not
to state in the complaint or information the precise time at which the
offense was committed except when time is a material ingredient of the
offense, but the act may be alleged to have been committed at any time
as near to the actual date at which the offense was committed as the
or complaint will permit.
Sec. 12. Name of the
must state the name and surname of the person against whom or against
property the offense was committed, or any appellation or nickname by
such person has been or is known, and if there is no better way of
him, he must be described under a fictitious name.
Sec. 13. Duplicity of
(a) In case of
property, if the name of the offended party is unknown, the property,
matter of the offense, must be described with such particularity as to
properly identify the particular offense charged.
(b) If in the
course of the
trial the true name of the person against whom or against whose
the offense was committed is disclosed or ascertained, the court must
the true name to be inserted in the complaint or information, or record.
(c) If the offended
is a corporation or any other juridical person, it is sufficient to
the name of such corporation or juridical person, or any name or
by which it has been or is known, or by which it may be identified,
necessity of averring that it is a corporation, or that it is organized
in accordance with law.
must charge but one offense, except only in those cases in which
laws prescribe a single punishment for various offenses.
Sec. 14. Amendment.
or complaint may be amended, in substance or form, without leave of
at any time before the accused pleads; and thereafter and during the
as to all matters of form, by leave and at the discretion of the court,
when the same can be done without prejudice to the rights of the
any time before judgment that a mistake has been made in charging the
offense, the court shall dismiss the original complaint or information
upon the filing of a new one charging the proper offense in accordance
with Rule 119, Section 11, provided the accused would not be placed
in double jeopardy, and may also require the witnesses to give bail for
their appearance at the trial.
Sec. 15. Place where
is to be instituted.
laws, in all criminal prosecutions the action shall be instituted and
in the court of the municipality or territory wherein the offense was
or any one of the essential ingredients thereof took place.
Sec. 16. Intervention of
offended party in criminal action.
(b) Where an
offense is committed
on a railroad train, in an aircraft, or in any other public or private
vehicle while in the course of its trip, the criminal action may be
and tried in the court of any municipality or territory where such
aircraft or other vehicle passed during such trip, including the place
of departure and arrival.
(c) Where an
offense is committed
on board a vessel in the course of its voyage, the criminal action may
be instituted and tried in the proper court of the first port of entry
or of any municipality or territory through which the vessel passed
such voyage subject to the generally accepted principles of
(d) Other crimes
outside of the Philippines but punishable therein under Article 2 of
Revised Penal Code shall be cognizable by the proper court in which the
charge is first filed.
party has waived the civil action or expressly reserved the right to
it separately from the criminal action, and subject to the provision of
Section 5 hereof, he may intervene by counsel in the prosecution of the
Section 1. Institution of
criminal and civil actions.
action is instituted, the civil action for the recovery of civil
is impliedly instituted with the criminal action, unless the offended
waives the civil action, reserves his right to institute it separately,
or institutes the civil action prior to the criminal action.
Sec. 2. Institution of
Such civil action
recovery of indemnity under the Revised Penal Code, and damages under
32, 33, 34 and 2176 of the Civil Code of the Philippines arising from
same act or omission of the accused.
A waiver of any of
actions extinguishes the others. The institution of, or the reservation
of the right to file, any of said civil actions separately waives the
The reservation of
to institute the separate civil actions shall be made before the
starts to present its evidence and under circumstances affording the
party a reasonable opportunity to make such reservation.
In no case may the
party recover damages twice for the same act or omission of the accused.
When the offended
to enforce civil liability against the accused by way of moral,
temperate or exemplary damages, the filing fees for such civil action
provided in these Rules shall constitute a first lien on the judgment
in an award for actual damages.
In cases wherein
of damages, other than actual, is alleged in the complaint or
the corresponding filing fees shall be paid by the offended party upon
the filing thereof in court for trial.
provided for in Section 3 hereof, after the criminal action has been
the civil action which has been reserved cannot be instituted until
judgment has been rendered in the criminal action.
Sec. 3. When civil
(a) Whenever the
party shall have instituted the civil action as provided for in the
paragraph of Section 1 hereof before the filing of the criminal action
and the criminal action is subsequently commenced, the pending civil
shall be suspended, in whatever stage before final judgment it may be
until final judgment in the criminal action has been rendered. However,
if no final judgment has been rendered by the trial court in the civil
action, the same may be consolidated with the criminal action upon
with the court trying the criminal action. If the application is
the evidence presented and admitted in the civil action shall be deemed
automatically reproduced in the criminal action, without prejudice to
admission of additional evidence that any party may wish to present. In
case of consolidation, both the criminal and the civil actions shall be
tried and decided jointly.
(b) Extinction of
action does not carry with it extinction of the civil, unless the
proceeds from a declaration in a final judgment that the fact from
the civil might arise did not exist.
In the cases
for in Articles 32, 33, 34 and 2176 of the Civil Code of the
the independent civil action which has been reserved may be brought by
the offended party, shall proceed independently of the criminal action,
and shall require only a preponderance of evidence.
Sec. 4. Judgment in
not a bar.
rendered in a civil action absolving the defendant from civil liability
is no bar to a criminal action.
Sec. 5. Elements of
The two (2)
elements of a prejudicial question are: (a) the civil action involves
issue similar or intimately related to the issue raised in the criminal
action; and (b) the resolution of such issue determines whether or not
the criminal action may proceed.
Sec. 6. Suspension by
of prejudicial question.
of the criminal action based upon the pendency of a prejudicial
in a civil action may be filed in the office of the fiscal or the court
conducting the preliminary investigation. When the criminal action has
been filed in court for trial, the petition to suspend shall be filed
the same criminal action at any time before the prosecution rests.
Section 1. Definition.
is an inquiry or proceeding for the purpose of determining whether
is sufficient ground to engender a well founded belief that a crime
by the Regional Trial Court has been committed and that the respondent
is probably guilty thereof, and should be held for trial.
Sec. 2. Officers
to conduct preliminary investigation.
conduct a preliminary investigation:chanroblesvirtuallawlibrary
Sec. 3. Procedure.
City fiscals and their assistants;
(b) Judges of the
Trial Courts and Municipal Circuit Trial Courts;
(c) National and
state prosecutors; and
(d) Such other
may be authorized by law.
preliminary investigation shall include all crimes cognizable by the
court in their respective territorial jurisdictions.
for in Section 7 hereof, no complaint or information for an offense
by the Regional Trial Court shall be filed without a preliminary
having been first conducted in the following manner:chanroblesvirtuallawlibrary
Sec. 4. Duty of
shall state the known address of the respondent and be accompanied by
of the complainant and his witnesses as well as other supporting
in such number of copies as there are respondents, plus two (2) copies
for the official file. The said affidavits shall be sworn to before any
fiscal, state prosecutor or government official authorized to
oath, or, in their absence or unavailability, a notary public, who must
certify that he personally examined the affiants and that he is
that they voluntarily executed and understood their affidavits.
(b) Within ten
after the filing of the complaint, the investigating officer shall
dismiss the same if he finds no ground to continue with the inquiry, or
issue a subpoena to the respondent, attaching thereto a copy of the
affidavits and other supporting documents, Within ten (10) days from
thereof, the respondent shall submit counter-affidavits and other
documents. He shall have the right to examine all other evidence
by the complainant.
and other supporting evidence submitted by the respondent shall also be
sworn to and certified as prescribed in paragraph (a) hereof and copies
thereof shall be furnished by him to the complainant.
(d) If the
be subpoenaed, or if subpoenaed, does not submit counter-affidavits
ten (10) days period, the investigating officer shall base his
on the evidence presented by the complainant.
(e) If the
officer believes that there are matters to be clarified, he may set a
to propound clarificatory questions to the parties or their witnesses,
during which the parties shall be afforded an opportunity to be present
but without the right to examine or cross-examine. If the parties so
they may submit questions to the investigating officer which the latter
may propound to the parties or witnesses concerned.
shall be deemed concluded, and the investigating officer shall resolve
the case within ten (10) days therefrom. Upon the evidence thus
the investigating officer shall determine whether or not there is
ground to hold the respondent for trial.
fiscal finds cause to hold the respondent for trial, he shall prepare
resolution and corresponding information. He shall certify under oath
he, or as shown by the record, an authorized officer, has personally
the complainant and his witnesses, that there is reasonable ground to
that a crime has been committed and that the accused is probably guilty
thereof, that the accused was informed of the complaint and of the
submitted against him and that he was given an opportunity to submit
evidence. Otherwise, he shall recommend dismissal of the complaint.
Sec. 5. Duty of
In either case, he
forward the records of the case to the provincial or city fiscal or
state prosecutor within five (5) days from his resolution. The latter
take appropriate action thereon within ten (10) days from receipt
immediately informing the parties of said action.
No complaint or
may be filed or dismissed by an investigating fiscal without the prior
written authority or approval of the provincial or city fiscal or chief
fiscal recommends the dismissal of the case but his findings are
by the provincial or city fiscal or chief state prosecutor on the
that a probable cause exists, the latter may, by himself, file the
information against the respondent or direct any other assistant fiscal
or state prosecutor to do so, without conducting another preliminary
If upon petition by
party, the Secretary of Justice reverses the resolution of the
or city fiscal or chief state prosecutor, he shall direct the fiscal
to file the corresponding information without conducting another
investigation or to dismiss or move for dismissal of the complaint or
days after the conclusion of the preliminary investigation, the
judge shall transmit to the provincial or city fiscal, for appropriate
action, the resolution of the case, stating briefly the findings of
and the law supporting his action, together with the entire records of
the case, which shall include: (a) the warrant, if the arrest is by
of a warrant; (b) the affidavits and other supporting evidence of the
(c) the undertaking or bail of the accused; (d) the order of release of
the accused and cancellation of his bail bond, if the resolution is for
the dismissal of the complaint.
Sec. 6. When warrant of
city fiscal disagree with the findings of the investigating judge on
existence of probable cause, the fiscal’s ruling shall prevail, but he
must explain his action in writing furnishing the parties with copies
his resolution, not later than thirty (30) days from receipt of the
from the judge. If the accused is detained, the fiscal shall order his
(a) By the
Trial Court. - Upon the filing of an information, the Regional Trial
may issue a warrant for the arrest of the accused.
Sec. 7. When accused
arrested without warrant.
(b) By the
Court. - If the municipal trial judge conducting the preliminary
is satisfied after an examination in writing and under oath of the
and his witnesses in the form of searching questions and answers, that
a probable cause exists and that there is a necessity of placing the
under immediate custody in order not to frustrate the ends of justice.
He shall issue a warrant of arrest.
lawfully arrested without a warrant for an offense cognizable by the
Trial Court the complaint or information may be filed by the offended
peace officer or fiscal without a preliminary investigation having been
first conducted, on the basis of the affidavit of the offended party or
arresting officer or person.
Sec. 8. Record of
However, before the
of such complaint or information, the person arrested may ask for a
investigation by a proper officer in accordance with this Rule, but he
must sign a waiver of the provisions of Article 125 of the Revised
Code, as amended, with the assistance of a lawyer and in case of
of a lawyer, a responsible person of his choice. Notwithstanding such
he may apply for bail as provided in the corresponding rule and the
must be terminated within fifteen (15) days from its inception.
If the case has
in court without a preliminary investigation having been first
the accused may within five (5) days from the time he learns of the
of the information, ask for a preliminary investigation with the same
to adduce evidence in his favor in the manner prescribed in this Rule.
preliminary investigation whether conducted by a judge or a fiscal,
not form part of the record of the case in the Regional Trial Court.
the said court, on its own initiative or that of any party, may order
production of the record or any part thereof whenever the same shall be
necessary in the resolution of the case or any incident therein, or
be introduced as evidence by the party requesting for its production.
Sec. 9. Cases not
the original jurisdiction of the Regional Trial Courts nor covered by
Rule on Summary Procedure.
with the fiscal.— If the complaint is filed directly with the fiscal or
state prosecutor, the procedure outlined in Section 3(a) of this Rule
be observed. The fiscal shall take appropriate action based on the
and other supporting documents submitted by the complainant.
(b) Where filed
with the Municipal Trial Court.— If the complaint or information is
directly with the Municipal Trial Court, the procedure provided for in
Section 3(a) of this Rule shall likewise be observed. If the judge
no sufficient ground to hold the respondent for trial, he shall dismiss
the complaint or information. Otherwise, he shall issue a warrant of
after personally examining in writing and under oath the complainant
his witnesses in the form of searching questions and answers.
Section 1. Definition of
of a person into custody in order that he may be bound to answer for
commission of an offense.
Sec. 2. Arrest; how made.
An arrest is
by an actual restraint of a person to be arrested, or by his submission
to the custody of the person making the arrest.
Sec. 3. Duty of
No violence or
force shall be used in making an arrest, and the person arrested shall
not be subject to any greater restraint than is necessary for his
It shall be
duty of the officer executing the warrant without unnecessary delay to
arrest the accused and to deliver him to the nearest police station or
Sec. 4. Execution of
The head of
office to whom the warrant of arrest has been delivered for execution
cause the warrant to be executed within ten (10) days from receipt
Within ten (10) days after the expiration of such period, the officer
whom it was assigned for execution, shall make a report to the judge
issued the warrant and, in case of his failure to execute the same,
state the reasons therefor.
Sec. 5. Arrest without
or a private person may, without a warrant, arrest a person:chanroblesvirtuallawlibrary
Sec. 6. Time of making
presence, the person to be arrested has committed, is actually
or is attempting to commit an offense;
(b) When an
offense has in
fact just been committed, and he has personal knowledge of facts
that the person to be arrested has committed it; and
(c) When the
person to be
arrested is a prisoner who has escaped from a penal establishment or
where he is serving final judgment or temporarily confined while his
is pending, or has escaped while being transferred from one confinement
In cases falling
(a) and (b) hereof, the person arrested without a warrant shall be
delivered to the nearest police station or jail, and he shall be
against in accordance with Rule 112, Section 7.
made on any day and at any time of the day or night.
Sec. 7. Method of arrest
officer by virtue of warrant.
by virtue of a warrant the officer shall inform the person to be
of the cause of the arrest and of the fact that a warrant has been
for his arrest, except when he flees or forcibly resists before the
has opportunity so to inform him or when the giving of such information
will imperil the arrest. The officer need not have the warrant in his
at the time of the arrest but after the arrest, if the person arrested
so requires, the warrant shall be shown to him as soon as practicable.
Sec. 8. Method of arrest
officer without warrant.
without a warrant, the officer shall inform the person to be arrested
his authority and the cause of the arrest, unless the person to be
is then engaged in the commission of an offense or is pursued
after its commission or after an escape, or flees or forcibly resists
the officer has opportunity so to inform him, or when the giving of
information will imperil the arrest.
Sec. 9. Method of arrest
when making an arrest shall inform the person to be arrested of the
to arrest him and cause of the arrest, unless the person to be arrested
is then engaged in the commission of an offense, or is pursued
after its commission or after an escape, or flees or forcibly resists
the person making the arrest has opportunity so to inform him, or when
the giving of such information will imperil the arrest.
Sec. 10. Officer may
a lawful arrest may orally summon as many persons as he deems necessary
to aid him in making the arrest. Every person so summoned by an officer
shall aid him in the making of such arrest, when he can render such aid
without detriment to himself.
Sec. 11. Right of
to break into building or enclosure.
to make an arrest either by virtue of a warrant, or when authorized to
make such arrest for an offense without a warrant, as provided in
5, may break into any building or enclosure in which the person to be
is or is reasonably believed to be, if he is refused admittance
after he has announced his authority and purpose.
Sec. 12. Right to break
of building or enclosure to effect release.
has entered the building or enclosure in accordance with the provisions
of the preceding section, he may break out therefrom when necessary for
the purpose of liberating himself.
Sec. 13. Arrest after
If a person
arrested escapes or is rescued, any person may immediately pursue or
him without a warrant at any time and in any place within the
Sec. 14. Right of
relative to visit person arrested.
bar shall, at the request of the person arrested or of another acting
his behalf, have the right to visit and confer privately with such
in the jail or any other place of custody at any hour of the day or, in
urgent cases, of the night. This right shall also be exercised by any
of the person arrested subject to reasonable regulation.
amended by Supreme Court Administrative Circular No. 12-94, promulgated
on August 16,1994 which took effect on Oct. 1, 1994]
Section 1. Bail defined.
Bail is the
given for the release of a person in custody of the law, furnished by
or a bondsman, conditioned upon his appearance before any court as
under the conditions hereinafter specified. Bail may be given in the
of corporate surety, property bond, cash deposit, or recognizance.
Sec. 2. Conditions of
All kinds of
are subject to the following conditions:chanroblesvirtuallawlibrary
Sec. 3. Bail a matter of
(a) The undertaking
be effective upon approval and remain in force at all stages of the
until its final determination, unless the proper court directs
(b) The accused
before the proper court whenever so required by the court or these
(c) The failure of
to appear at the trial without justification despite due notice shall
deemed an express waiver of his right to be present on the date
in the notice. In such case, the trial may proceed in absentia; and
(d) The accused
himself for execution of the final judgment.
The original papers
state the full name and address of the accused, the amount of the
and the conditions herein required. Photographs (passport size) taken
showing the face, left and right profiles of the accused must be
shall, before final conviction, be entitled to bail as a matter of
except those charged with a capital offense or an offense which, under
the law at the time of its commission and at the time of the
for bail, is punishable by reclusion perpetua, when evidence of guilt
Sec. 4. Capital offense,
as the term is used in these Rules, is an offense which, under the law
existing at the time of its commission and at the time of the
to be admitted to bail, may be punished with death.
Sec. 5. Burden of proof
an application for admission to bail filed by any person who is in
for the commission of an offense punishable by reclusion perpetua or
the prosecution has the burden of showing that evidence of guilt is
The evidence presented during the bail hearings shall be considered
reproduced at the trial, but upon motion of either party, the court may
recall any witness for additional examination unless the witness is
outside of the Philippines or otherwise unable to testify.
Sec. 6. Amount of bail;
the warrant or granted the application shall fix a reasonable amount of
bail considering primarily, but not limited to the following guidelines:chanroblesvirtuallawlibrary
Sec. 7. Corporate surety.
of the accused to give bail;
Excessive bail shall
(b) Nature and
of the offense;
(c) Penalty of
(d) Character and
of the accused;
(e) Age and
health of the
(f) The weight of
against the accused;
of the accused
appearing in trial;
(h) Forfeiture of
(i) The fact that
was a fugitive from justice when arrested; and
(j) The pendency
cases in which the accused is under bond.
foreign corporation licensed as a surety in accordance with law and
authorized to act as such may provide bail by a bond subscribed jointly
by the accused and an officer duly authorized by its board of directors.
Sec. 8. Property bond,
how posted.chanrobles virtualawlibrary
A property bond is an undertaking
constituted as lien on the real property given as security for the
of the bail. Upon approval of the bond, the court shall order the
to cause the annotation of the lien within ten (10) days on the
torrens title on file with the Register of Deeds, if the land is
or if unregistered, in the Registration Book on the space provided
in the office of the Register of Deeds for the province or city where
land lies, and on the corresponding tax declaration in the office of
provincial and municipal assessor concerned. Non-compliance with the
shall be sufficient cause for cancellation of the property bond.
Sec. 9. Qualification of
sureties in property bail bond.
of sureties to a property bail bond shall be as follows:chanroblesvirtuallawlibrary
Sec. 10. Justification
must be a resident owner of real estate within the Philippines;
(b) Where there
is only one
surety, his real estate must be worth at least the amount of the
(c) In case there
or more sureties, they may justify severally in amounts less than that
expressed in the undertaking if the entire sum justified to is
to the whole amount of bail demanded.
In all cases,
must be worth the amount specified in his own undertaking over and
all just debts, obligations and property exempt from execution.
justify by affidavit taken before the judge, and shall be required to
the property given as security, stating the nature of his title thereto
the encumbrances thereon, the number and amount of other bonds entered
into by him and remaining undischarged, and his other liabilities. The
court may further examine the surety upon oath concerning their
in such manner as it may deem proper. No bond shall be approved unless
the surety is qualified.
Sec. 11. Deposit of cash
person acting in his behalf may deposit in cash with the nearest
of internal revenue, or provincial, city or municipal treasurer the
of bail fixed by the court or recommended by the fiscal who
or filed the case, and upon submission of a proper certificate of
and of a written undertaking showing compliance with the requirements
Section 2 hereof, the accused shall be discharged from custody. Money
deposited shall be considered as bail and applied to the payment of any
fine and costs and the excess, if any, shall be returned to the accused
or to whoever made the deposit.
Sec. 12. Recognizance.
pursuant to law or these Rules, the court may release a person in
on his own recognizance or that of a responsible person.
Sec. 13. Bail, when not
reduced bail or recognizance.
required when the law or these Rules so provide.
Sec. 14. Bail, where
When a person has
custody for a period equal to or more than the possible maximum
of the offense charged to which he may be sentenced, he shall be
immediately, without prejudice to the continuation of the trial or the
proceedings on appeal. In case the maximum penalty to which the accused
may be sentenced is destierro, he shall be released after thirty (30)
of preventive imprisonment.
A person in custody
period equal to or more than the minimum of the principal penalty
for the offense charged, without application of the Indeterminate
Law or any modifying circumstance, shall be released on a reduced bail
or on his own recognizance, at the discretion of the court.
(a) Bail in
amount fixed may be filed with the court where the case is pending, or,
in the absence or unavailability of the judge thereof, with another
of the same court within the province or city. If the accused is
in a province, city or municipality other than where the case is
bail may be filed also with any regional trial court of said place, or,
if no judge thereof is available, with any metropolitan trial judge,
trial judge or municipal circuit trial judge therein.
Sec. 15. Notice of
(b) Whenever the
bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application therefor may be filed only in the
court where the case is pending, whether for preliminary investigation,
trial, or on appeal.
(c) Any person in
who is not yet charged in court may apply for bail with any court in
province, city or municipality where he is held.
for bail under the preceding section, the court must give reasonable
of the hearing to the fiscal or require him to submit his
Sec. 16. Release on bail.
be discharged upon approval of the bail by the judge with whom it was
in accordance with Section 14 hereof.
Sec. 17. Increase or
Whenever bail is
a court other than where the case is pending, the judge accepting the
shall forward the bail, the order of release and other supporting
to the court where the case is pending, which may, for good reason,
a different one to be filed.
shall have been admitted to bail, the court may, upon good cause shown,
either increase or reduce the amount of the same. If increased, the
may be committed to custody unless he gives bail in the increase amount
thereof within a reasonable period. An accused held to answer a
charge but who is released without bail on the filing of a complaint or
information, may, at any subsequent stage of the proceedings whenever a
strong showing of guilt appears to the court be required to give bail
the amount fixed, or in lieu thereof may be committed to custody.
Sec. 18. Forfeiture of
of the accused is specifically required by the court, or these Rules,
bondsmen shall be notified to produce him before the court on a given
If the accused fails to appear in person as required, the bond shall be
declared forfeited and the bondsmen are given thirty (30) days within
to produce their principal and to show cause why a judgment should not
be rendered against them for the amount of their bond. Within the said
period, the bondsmen:chanroblesvirtuallawlibrary
Sec. 19. Cancellation of
the body of their principal or give the reason for his non-production;
(b) must explain
why the accused did not appear before the court when first required to
Failing in these
a judgment shall be rendered against the bondsmen, jointly and
for the amount of the bond, and the court shall not reduce or otherwise
mitigate the liability of the bondsmen, except when the accused has
surrendered or is acquitted.
filed with the court and after due notice to the fiscal, the bail bond
may be cancelled upon surrender of the accused or proof of his death.
Sec. 20. Arrest of
The bail bond shall
automatically cancelled upon acquittal of the accused or dismissal of
case or execution of the final judgment of conviction.
In all instances,
shall be without prejudice to any liability on the bond.
of surrendering the accused, the bondsmen may arrest him, or on written
authority endorsed on a certified copy of the undertaking may cause him
to be arrested by any police officer or any other person of suitable
Sec. 21. No bail after
An accused released
may be re-arrested without the necessity of a warrant if he attempts to
depart from the Philippines without prior permission of the court where
the case is pending.
allowed after the judgment has become final. However, in case the
has applied for probation, he may be allowed temporary liberty under
bail bond, but if no bail was filed or the accused is incapable of
one, the court may allow his release on recognizance to the custody of
a responsible member of the community. In no case shall bail be allowed
after the accused has commenced to served sentence.
Sec. 22. Court
exercise supervision over all persons in custody for the purpose of
all unnecessary detention. The executive judges of the Regional Trial
shall conduct monthly personal inspections of provincial, city and
jails and their prisoners within their respective jurisdictions, to
into their proper accommodation and health, the number of detainees,
condition of the jail facilities, the segregation of sexes and of
from the adults, the observance of the right of detainees to confer
with counsel, and the elimination of conditions disadvantageous to the
RIGHTS OF ACCUSED
In cities and
to be specified by the Supreme Court, the municipal trial judges or
circuit trial judges shall conduct monthly personal inspections of
jails of their respective municipalities, and submit a report to the
judge of the Regional Trial Court having jurisdiction therein.
A monthly report of
visitation shall be submitted by the executive judges to the Court
stating the total number of detainees, at least the names of those held
for more than thirty (30) days, the duration of detention, the crime
the status of the case, the cause for detention, and other pertinent
Section 1. Rights of accused
at the trial.
prosecutions, the accused shall be entitled:chanroblesvirtuallawlibrary
(a) To be
innocent until the contrary is proved beyond reasonable doubt;
(b) To be
informed of the
nature and cause of the accusation against him;
(c) To be present
in person and by counsel at every stage of the proceedings, from the
to the promulgation of the judgment. The accused may, however, waive
presence at the trial pursuant to the stipulations set forth in his
bond, unless his presence is specifically ordered by the court for
of identification. The absence of the accused without any justifiable
at the trial on a particular date of which he had notice shall be
a waiver of his right to be present during that trial. When an accused
under custody had been notified of the date of the trial and escapes,
shall be deemed to have waived his right to be present on said date and
on all subsequent trial dates until custody is regained. Upon motion,
accused may be allowed to defend himself in person when it sufficiently
appears to the court that he can properly protect his right without the
assistance of counsel;
(d) To testify as
in his own behalf but subject to cross-examination on matters covered
direct examination. His silence shall not in any manner prejudice him;
(e) To be exempt
compelled to be a witness against himself;
(f) To confront
the witnesses against him at the trial. Either party may utilize as
of its evidence the testimony of a witness who is deceased, out of or
not with due diligence be found in the Philippines, unavailable or
unable to testify, given in another case or proceeding, judicial or
involving the same parties and subject matter, the adverse party having
had the opportunity to cross-examine him;
(g) To have
issued to secure the attendance of witnesses and production of other
in his behalf;
(h) To have a
and public trial; and
(i) To have the
appeal in all cases allowed and in the manner prescribed by law.
Section 1. Arraignment and
plea; how made.
must be arraigned before the court where the complaint or information
been filed or assigned for trial. The arraignment must be made in open
court by the judge or clerk by furnishing the accused a copy of the
or information with the list of witnesses, reading the same in the
or dialect known to him and asking him whether he pleads guilty or not
guilty. The prosecution may, however, call at the trial witnesses other
than those named in the complaint or information.
Sec. 3. Plea of guilty
offense; reception of evidence.
(b) The accused
must be present
at the arraignment and must personally enter his plea. Both arraignment
and plea shall be made of record, but a failure to enter of record
not affect the validity of the proceedings.
(c) If the accused
to plead, or makes a conditional plea of guilty, a plea of not guilty
be entered for him.
Sec. 2. Plea of
a lesser offense.
The accused, with
of the offended party and the fiscal, may be allowed by the trial court
to plead guilty to a lesser offense, regardless of whether or not it is
necessarily included in the crime charged, or is cognizable by a court
of lesser jurisdiction than the trial court. No amendment of the
or information is necessary.
A conviction under
shall be equivalent to a conviction of the offense charged for purposes
of double jeopardy.
pleads guilty to a capital offense, the court shall conduct a searching
inquiry into the voluntariness and full comprehension of the
of his plea and require the prosecution to prove his guilt and the
degree of culpability. The accused may also present evidence in his
Sec. 4. Plea of guilty
offense; reception of evidence, discretionary.
pleads guilty to a non-capital offense, the court may receive evidence
from the parties to determine the penalty to be imposed.
Sec. 5. Withdrawal of
plea of guilty.
At any time
the judgment of conviction becomes final, the court may permit an
plea of guilty to be withdrawn and be substituted by a plea of not
Sec. 6. Duty of court to
accused of his right to counsel.
the court shall inform the accused of his right to counsel and shall
him if he desires to have one. Unless the accused is allowed to defend
himself in person, or he has employed counsel of his choice, the court
must assign a counsel de oficio to defend him.
Sec. 7. Appointment of
the gravity of the offense and the difficulty of the questions that may
arise, shall appoint as counsel de oficio only such members of the bar
in good standing who, by reason of their experience and ability may
defend the accused. But in localities where such members of the bar are
not available, the court may appoint any person, resident of the
and of good repute for probity and ability, to defend the accused.
Sec. 8. Time for counsel
oficio to prepare for arraignment.
de oficio is assigned by the court to defend the accused at the
he shall be given at least one hour to consult with the accused as to
plea before proceedings with the arraignment.
Sec. 9. Time to prepare
After a plea
not guilty, the accused is entitled to two (2) days to prepare for
unless the court for good cause grants him further time.
Sec. 10. Bill of
or before arraignment, move for a bill of particulars to enable him
to plead and to prepare for trial. The motion shall specify the alleged
defects and the details desired.
Sec. 11. Production or
of material evidence in possession of prosecution.
On motion of
accused showing good cause and with notice to all parties, the court,
order to prevent surprise, suppression, or alteration, may order the
to produce and permit the inspection and copying or photographing, of
written statements given by the complainant and other witnesses in any
investigation of the offense conducted by the prosecution or any other
investigating officers, as well as of any designated documents, papers,
books, accounts, letters, photographs, objects or tangible things, not
otherwise privileged, which constitute or contain evidence material to
any matter involved in the case, and which are in the possession or
the control of the prosecution, the police, or any other law
Sec. 12. Suspension of
shall be suspended, if at the time thereof:chanroblesvirtuallawlibrary
MOTION TO QUASH
appears to be suffering from an unsound mental condition which
renders him unable to fully understand the charge against him and to
intelligently thereto. In such case, the court shall order his mental
and, if necessary, his confinement for such purpose.
(b) The court
finds the existence
of a valid prejudicial question.
Section 1. Time to move to
At any time
entering his plea, the accused may move to quash the complaint or
Sec. 2. Form and
shall be in writing signed by the accused or his counsel. It shall
distinctly the factual and legal grounds therefor and the court shall
no grounds other than those stated therein, except lack of jurisdiction
over the offense charged.
Sec. 3. Grounds.
move to quash the complaint or information on any of the following
Sec. 4. Amendment of
charged do not constitute an offense;
(b) That the
the case has no jurisdiction over the offense charged or the person of
(c) That the
filed the information had no authority to do so;
(d) That it does
substantially to the prescribed form;
(e) That more
than one offense
is charged except in those cases in which existing laws prescribe a
punishment for various offenses;
(f) That the
or liability has been extinguished;
(g) That it
which, if true, would constitute a legal excuse or justification; and
(h) That the
been previously convicted or in jeopardy of being convicted, or
of the offense charged.
quash is based on an alleged defect in the complaint or information
can be cured by amendment, the court shall order the amendment to be
Sec. 5. Effect of
the motion to quash.
quash is sustained the court may order that another information be
If such order is made the accused, if in custody, shall remain so
he shall be admitted to bail. If such order is not made or if having
made another information is not filed within a time to be specified in
the order, or within such further time as the court may allow for good
cause shown the accused, if in custody, shall be discharged therefrom,
unless he is also in custody on some other charged.
Sec. 6. Order sustaining
motion to quash not a bar to another prosecution; exception.
the motion to quash is not a bar to another prosecution for the same
unless the motion was based on the grounds specified in Section 3,
(f) and (h) of this Rule.
Sec. 7. Former
acquittal; double jeopardy.
has been convicted or acquitted, or the case against him dismissed or
terminated without his express consent by a court of competent
upon a valid complaint or information or other formal charge sufficient
in form and substance to sustain a conviction and after the accused had
pleaded to the charge, the conviction or acquittal of the accused or
dismissal of the case shall be a bar to another prosecution for the
charge, or for any attempt to commit the same or frustration thereof,
for any offense which necessarily includes or is necessarily included
the offense charged in the former complaint or information.
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:chanroblesvirtuallawlibrary
Sec. 8. Failure to move
or to alleged any ground therefor.
developed due to supervening facts arising from the same act or
constituting the former charge;
(b) the facts
the graver charge became known or were discovered only after the filing
of the former complaint or information; or
(c) the plea of
the lesser offense was made without the consent of the fiscal and of
In any of the
where the accused satisfies or serves in whole or in part the judgment,
he shall be credited with the same in the event of conviction for the
accused to assert any ground of a motion to quash before he pleads to
complaint or information, either because he did not file a motion to
or failed to alleged the same in said motion shall be deemed a waiver
the grounds of a motion to quash, except the grounds of no offense
lack of jurisdiction over the offense charged, extinction of the
or penalty and jeopardy, as provided for in paragraphs (a), (b), (f)
(h) of Section 3 of this Rule.
Section 1. Pre-trial; when
trial, where the accused and counsel agree, the court shall conduct a
conference on the matters enumerated in Section 2 hereof, without
the rights of the accused.
Sec. 2. Pre-trial
shall consider the following:chanroblesvirtuallawlibrary
Sec. 3. Pre-trial order.
(b) Stipulation of
(c) Marking for
of evidence of the parties;
(d) Waiver of
to admissibility of evidence; and
(e) such other
will promote a fair and expeditious trial.
conference, the court shall issue an order reciting the actions taken,
the facts stipulated, and evidence marked. Such order shall bind the
limit the trial to matters not disposed of a control the course of the
action during the trial, unless modified by the court to prevent
Sec. 4. Pre-trial
must be signed.
admission made or entered during the pre-trial conference shall be used
in evidence against the accused unless reduced to writing and signed by
him and his counsel.
Section 1. Notice of trial.
be notified of the date of trial at least two (2) days before such date.
Sec. 2. Continuous trial
shall continue from day to day as far as practicable until terminated;
but for good cause, it may be postponed for a reasonable period of time.
Sec. 3. Order of trial.
proceed in the following order.
Sec. 4. Application for
of witness for accused before trial.
shall present evidence to prove the charge and, in the proper case, the
(b) The accused
evidence to prove his defense, and damages, if any, arising from the
of any provisional remedy in the case.
(c) The parties
respectively present rebutting evidence only, unless the court, in
of justice, permits them to present additional evidence bearing upon
admission of the
evidence, the case shall be deemed submitted for decision unless the
directs the parties to argue orally or to submit memoranda.
(e) However, when
admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified
has been held to answer for an offense, he may, upon motion with notice
to all other parties, have witnesses conditionally examined in his
in the manner hereinafter provided, but not otherwise. The motion shall
state: (a) the name and residence of the witness; (b) the substance of
his testimony; and (c) that the witness is so sick or infirm as to
reasonable ground for believing that he will not be able to attend the
trial, or resides more than 100 kilometers from the place of trial, and
has no means to attend the same, or that, apart from the foregoing,
similar circumstances exist that would make him unavailable or prevent
him from attending the trial. The motion shall be supported by
of the accused and such other evidence as the court may require.
Sec. 5. Examination of
witness; how made.
If the court
satisfied that the examination of witness for the accused is necessary,
an order will be made directing that the witness be examined at a
time and place, and that a copy of the order be served on the fiscal
a given time prior to that fixed for the examination. The examination
be taken before any judge or if not practicable, any member of the Bar
in good standing so designated by the judge in the order, or, if the
be granted by a court of superior jurisdiction, before an inferior
to be designated in the order. The examination shall proceed
the absence of the fiscal, if it appears that he was duly notified of
hearing. A written record of the testimony shall be taken.
Sec. 6. Bail to secure
of material witness.
satisfied, upon proof or oath, that a material witness will not testify
when required, it may upon the motion of either party order the witness
to post bail in such sum as may be deemed proper. Upon refusal to post
bail, the court shall commit him to prison until he complies or is
discharged after his testimony has been taken.
Sec. 7. Examination of
for the prosecution.
appear that the witness for the prosecution is too sick or infirm to
at the trial as directed by the order of the court, or has to leave the
Philippines with no definite date of returning thereto, he may
be conditionally examined before the judge or the court where the case
is pending. Such examination in the presence of the accused, or after
notice to attend the examination has been served on him, will be
in the same manner as an examination at the trial. Failure or refusal
the part of the accused to attend the examination after notice
provided, shall be considered a waiver. The statement thus taken may be
admitted in behalf of or against the accused.
Sec. 8. Trial of several
When two or
accused are jointly charged with any offense, they shall be tried
unless the court in its discretion upon motion of the fiscal or any
orders separate trials for one or more accused.
Sec. 9. Discharge of
to be state witness.
When two or
persons are jointly charged with the commission of any offense, upon
of the prosecution before resting its case, the court may direct one or
more of the accused to be discharged with their consent so that they
be witnesses for the state when after requiring the prosecution to
evidence and the sworn statement of each proposed state witness at a
in support of the discharge, the court is satisfied that:chanroblesvirtuallawlibrary
Sec. 10. Discharge of
operates as acquittal.
necessity for the testimony of the accused whose discharge is requested;
Evidence adduced in
of the discharge shall automatically form part of the trial. If the
denies the motion for discharge of the accused as state witness, his
statement shall be inadmissible in evidence.
(b) There is no
evidence available for the proper prosecution of the offense committed,
except the testimony of said accused;
(c) The testimony
accused can be substantially corroborated in its material points;
(d) Said accused
appear to be the most guilty;
(e) Said accused
at any time been convicted of any offense involving moral turpitude.
in the preceding section shall amount to an acquittal of the accused
and shall be a bar to future prosecution for the same offense, unless
accused fails or refuses to testify against his co-accused in
with his sworn statement constituting the basis for his discharge.
Sec. 11. When mistake
made in charging the proper offense.
manifest at any time before judgment, that a mistake has been made in
the proper offense, and the accused cannot be convicted of the offense
charged, or of any other offense necessarily included therein, the
shall not be discharged, if there appears to be good cause to detain
In such case, the court shall commit the accused to answer for the
offense and dismiss the original case upon the filing of the proper
Sec. 12. Appointment of
assistant or deputy shall be disqualified to act, for any of the
stated in Section 1 of Rule 137, or any other reasons, the judge of the
fiscal shall communicate with the Secretary of Justice in order that
latter may appoint an acting fiscal.
Sec. 13. Exclusion of
proprio, exclude the public from the courtroom if the evidence to be
during the trial is of such a character as to be offensive to decency
public morals. The court may also, on motion of the accused exclude the
public from the trial except court personnel and the counsel of the
Sec. 14. Consolidation
of related offenses.
founded on the same facts, or forming part of a series of offenses of
character may be tried jointly at the court’s discretion.
Sec. 15. Demurrer to
has rested its case, the court may dismiss the case on the ground of
of evidence: (1) on its own initiative after giving the prosecution an
opportunity to be heard; or (2) on motion of the accused filed with
leave of court.
If the court denies
for dismissal, the accused may adduce evidence in his defense. When the
accused files such motion to dismiss without express leave of court, he
waives the right to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution.
Section 1. Judgment defined.
as used in this Rule means the adjudication by the court that the
is guilty or is not guilty of the offense charged, and the imposition
the proper penalty and civil liability provided for by law on the
Sec. 2. Form and
be written in the official language, personally and directly prepared
the judge and signed by him and shall contain clearly and distinctly a
statement of the facts proved or admitted by the accused and the law
which the judgment is based.
Sec. 3. Judgment for two
If it is of
judgment shall state (a) the legal qualification of the offense
by the acts committed by the accused, and the aggravating or mitigating
circumstances attending the commission thereof, if there are any; (b)
participation of the accused in the commission of the offense, whether
as principal, accomplice, or accessory after the fact; (c) the penalty
imposed upon the accused; and (d) the civil liability or damages caused
by the wrongful act to be recovered from the accused by the offended
if there is any, unless the enforcement of the civil liability by a
action has been reserved or waived.
In case of
there is a clear showing that the act from which the civil liability
arise did not exist, the judgment shall make a finding on the civil
of the accused in favor of the offended party.
When two or
offenses are charged in a single complaint or information, and the
fails to object to it before trial, the court may convict the accused
as many offenses as are charged and proved, and impose on him the
for each and every one of them setting out separately the findings of
and law in each case.
Sec. 4. Judgment in case
variance between allegation and proof.
between the offense charged in the complaint or information, and that
or established by the evidence, and the offense as charged is included
in or necessarily includes the offense proved, the accused shall be
of the offense proved included in that which is charged, or of the
charged included in that which is proved.
Sec. 5. When an offense
or is included in another.
necessarily includes that which is proved, when some of the essential
or ingredients of the former, as this is alleged in the complaint or
constitute the latter. And an offense charged is necessarily included
the offense proved, when the essential ingredients of the former
or form a part of those constituting the latter.
Sec. 6. Promulgation of
promulgated by reading the same in the presence of the accused and any
judged of the court in which it was rendered. However, if the
is for a light offense, the judgment may be pronounced in the presence
of his counsel or representative. When the judge is absent or outside
the province or city, the judgment may be promulgated by the clerk of
Sec. 7. Modification of
If the accused is
or detained in another province or city, the judgment may be
by the executive judge of the Regional Trial Court having jurisdiction
over the place of confinement or detention upon request of the court
rendered the judgment. The court promulgating the judgment shall have
to accept the notice of appeal and to approve the bail bond pending
The proper clerk of
shall give notice to the accused personally or through his bondsman or
warden and counsel, requiring him to be present at the promulgation of
the decision in case the accused fails to appear thereat the
shall consist in the recording of the judgment in the criminal docket
a copy thereof shall be served upon the accused or counsel. If the
is for conviction, and the accused’s failure to appear was without
cause, the court shall further order the arrest of the accused, who may
appeal within fifteen (15) days from notice of the decision to him or
may, upon a motion of the accused, be modified or set aside by the
rendering it before the judgment has become final or appeal has been
A judgment in a criminal case becomes final after the lapse of the
for perfecting an appeal, or when the sentence has been partially or
satisfied or served, or the accused has expressly waived in writing his
right to appeal, or the accused has applied for probation.
Sec. 8. Entry of
has become final, it shall be entered in accordance with Rule 36.
Sec. 9. Existing
governing suspension of sentence, probation and parole, not affected by
shall be construed as affecting any existing provision in the law
suspension of sentence, probation or parole.
NEW TRIAL OR
Section 1. New trial or reconsideration.
At any time
a judgment of conviction becomes final, the court may on motion of the
accused, or on its own instance with the consent of the accused, grant
a new trial or reconsideration.
Sec. 2. Grounds for a
grant a new trial on any of the following grounds:chanroblesvirtuallawlibrary
Sec. 3. Ground for
of law or irregularities have been committed during the trial
to the substantial rights of the accused.
(b) That new and
evidence has been discovered which the accused could not with
diligence have discovered and produced at the trial, and which if
and admitted, would probably change the judgment.
grant reconsideration on the ground of errors of law or fact in the
which require no further proceedings.
Sec. 4. Form of motion
to the fiscal.
new trial or reconsideration shall be in writing and filed with the
It shall state the grounds on which it is based. If the motion for new
trial is based on a newly discovered evidence, it must be supported by
the affidavits of the witnesses by whom such evidence is expected to be
given, or by duly authenticated copies of documents which it is
to introduce in evidence. Notice of the motion for new trial or
shall be given to the fiscal.
Sec. 5. Hearing on
a new trial calls for the decision of any question of fact the court
hear evidence of such motion by affidavits or otherwise.
Sec. 6. Effects of
a new trial or reconsideration.
a new trial or reconsideration are the following:chanroblesvirtuallawlibrary
(a) When a
is granted on the ground of errors of law or irregularities committed
the trial, all the proceedings and evidence not affected by the
of such errors and irregularities shall stand, but those affected
shall be set aside and taken anew. The court may, in the interest of
allow the introduction of additional evidence.
(b) When a new
trial is granted
on the ground of newly discovered evidence, the evidence already taken
shall stand, and the newly discovered and such other evidence as the
may, in the interest of justice, allow to be introduced, shall be taken
and considered together with the evidence already in the record.
(c) In all cases,
court grants new trial or reconsideration, the original judgment shall
be set aside and a new judgment rendered accordingly.
Section 1. Where to appeal.
taken, as hereinafter prescribed, from all final judgments and orders:chanroblesvirtuallawlibrary
Sec. 2. Who may appeal.
by the Municipal Trial Court, Municipal Circuit Trial Court, or
Trial Court, to the Regional Trial Court; and
(b) In cases
decided by the
Regional Trial Court, to the Court of Appeals, or to the Supreme Court
in the proper cases provided by law.
from a final judgment or order, except if the accused would be placed
in double jeopardy.
Sec. 3. How appeal taken.
the Regional Trial Court, or to the Court of Appeals in cases decided
the Regional Trial Court in the exercise of its original jurisdiction,
shall be taken by filing a notice of appeal with the court which
the judgment or order appealed from, and by serving a copy thereof upon
the adverse party.
Sec. 4. Publication of
(b) The appeal to
of Appeals in cases decided by the Regional Trial Court in the exercise
of its appellate jurisdiction shall be by petition for review.
(c) The appeal to
Court in cases where the penalty imposed is life imprisonment, or where
a lesser penalty is imposed but involving offenses committed on the
occasion or arising out of the same occurrence that gave rise to the
serious offense for which the penalty of death or life imprisonment is
imposed shall be by filing a notice of appeal in accordance with
(a) of this Section.
(d) All other
the Supreme Court shall be by petition for review on certiorari.
(e) In cases where
penalty is imposed, the same shall be automatically reviewed by the
Court as provided for in Section 10 of this Rule.
of the copy of the notice of appeal can not be made upon the adverse
or his counsel, the court may order the publication of the notice in a
newspaper having general circulation in the vicinity, at least once a
for a period not exceeding thirty (30) days, and such publication shall
be deemed equivalent to personal service.
Sec. 5. Notice waived.
waive his right to a notice that an appeal has been taken. The
court may, in its discretion, entertain an appeal notwithstanding
to give such notice if the interests of justice so require.
Sec. 6. When appeal to
taken within fifteen (15) days from promulgation or notice of the
or order appealed from. This period for perfecting an appeal shall be
from the time a motion for new trial or reconsideration is filed until
notice of the order overruling the motion shall have been served upon
accused or his counsel.
Sec. 7. Transcribing and
notes of stenographic reported upon appeal.
is filed by the accused the trial court shall direct the stenographic
to transcribe his notes of the proceedings. When filed by the People of
the Philippines the trial court shall direct the stenographic reporter
to transcribed such portion of his notes of the proceedings as the
upon motion shall specify in writing. The stenographic reporter shall
to the correctness of the notes and the transcript thereof which shall
consist of the original and four copies and shall filed the original
four copies of the transcript with the clerk without unnecessary delay.
Sec. 8. Transmission of
to appellate court upon appeal.
In case the death
is imposed, the stenographic reporter shall within thirty (30) days
rendition or promulgation of the sentence, file the original and four
of the duly certified transcript of his notes of the proceedings with
clerk, whether the accused has appealed or not. No extension of time
the filing of said transcript of stenographic notes shall be granted
by the Supreme Court and solely upon justifiably grounds.
taken, the clerk of judge of the court with whom the notice of appeal
have been filed, must, within five (5) days after the filing of the
transmit to the clerk of the court to which the appeal is taken, the
record in the case together with the notice of the appeal. The original
and three copies of the transcript of the stenographic notes shall also
be transmitted to the clerk of the appellate court together with the
or as soon as thereafter possible. The other copy of the transcript
remain in the lower court.
Sec. 9. Appeal to the
(5) days from the perfection of the appeal, the clerk of court shall
the original record to the appropriate Regional Trial Court.
Sec. 10. Transmission of
in case of death penalty.
(b) Upon receipt of
record of the case and of the transcripts and exhibits, the clerk of
Regional Trial Court shall notify the parties of such fact.
(c) Within fifteen
from receipt of the said notice, the parties may submit memoranda
briefs, or may be required by the Regional Trial Court to do so. After
the submission of such memoranda and/or briefs, or upon the expiration
of the period to file the same, the Regional Trial Court shall decide
case on the basis of the entire record of the proceedings in the court
of origin and such memoranda and/or briefs as may have been filed.
In all cases
the death penalty is imposed by the trial court, the records shall be
to the Supreme Court for automatic review and judgment, within twenty
days but not earlier than fifteen (15) days after promulgation of the
or notice of denial of any motion for new trial or reconsideration. The
transcript shall also be forwarded within ten (10) days after the
thereof by the stenographic reporter.
Sec. 11. Effect of
any of several accused.
by one or more of several accused shall not affect those who did not
except insofar as the judgment of the appellate court is favorable and
applicable to the later.
Sec. 12. Withdrawal of
(b) The civil
appeal of the
offended party shall not affect the criminal aspect of the judgment or
order appealed from;
(c) Upon the
the appeal, the execution of the judgment or order appealed from shall
be stayed as to the appealing party.
the perfection of the appeal, the Municipal Trial Court, Municipal
Trial Court, Metropolitan Trial Court or Regional Trial Court may allow
the appellant to withdraw his appeal before the record has been
by the clerk of court to the proper appellate court as provided in
8, in which case the judgment shall become final. The Regional Trial
may also, in its discretion, allow the appellant from the judgment of a
Municipal Trial Court, Municipal Circuit Trial Court, or Metropolitan
Court to withdraw his appeal, provided a motion to that effect is filed
before judgment of the case on appeal, in which case the judgment of
court a quo shall become final and the case shall be remanded to the
a quo for execution of the judgment.
Sec. 13. Appointment of
de oficio for accused on appeal.
It shall be
duty of the clerk of the trial court upon the presentation of a notice
of appeal in a criminal case, to ascertain from the appellant, if he be
confined in prison, whether he desires the Court of Appeals or the
Court to appoint a counsel to defend him de oficio and to transmit with
the record, upon a form to be prepared by the clerk of the appellate
a certificate of compliance with this duty of the response of the
to his inquiry.
PROCEDURE IN THE
Section 1. Uniform Procedure.
be observed in the Metropolitan Trial Courts, Municipal Trial Courts
Municipal Circuit Trial Courts shall be the same as in the Regional
Courts, except (a) where a particular provision expressly or impliedly
applies only to either of said courts; and (b) in criminal cases
by the Rule on Summary Procedure in Special Cases adopted on August 1,
1983, namely, (1) Violations of traffic laws, rules and regulations;
Violations of the rental law; (3) Violations of municipal or city
and (4) All other criminal cases where the penalty prescribed by law
the offense charged does not exceed six months imprisonment, or a fine
of one thousand pesos (P1,000.00) or both irrespective of other
penalties, accessory or otherwise, or of the civil liability arising
Provided, however, that in offenses involving damage to property
criminal negligence, said Rule shall govern where the imposable fine
not exceed ten thousand pesos (P10,0000.00).
PROCEDURE IN THE
Section 1. Title of the case.
cases brought to the Court of Appeals, the party bringing the case to
appellate court shall be called the "appellant" and the adverse party
"appellee," but the title of the case shall remain as it was below.
Sec. 2. Appointment of
de oficio for the accused.
the record of the case as transmitted: (a) that the accused is confined
in prison, (b) without counsel de parte on appeal, and (c) signed the
of appeal himself, then the clerk of the Court of Appeals shall
a member of the bar to defend him, such designation to be made by
unless otherwise directed by order of the court.
Sec. 3. When brief for
to be filed.
confined in prison shall not be entitled to a counsel de oficio, unless
the appointment of such counsel is requested in the appellate court
ten (10) days from receipt of the notice to file brief and the right
is established by affidavit.
days from receipt by the appellant or his counsel of the notice from
clerk of the appellate court that the evidence, oral and documentary,
already attached to the record, the appellant shall file seven (7)
of his brief with the clerk which shall be accompanied by proof of
of two (2) copies thereof upon the appellee.
Sec. 4. When brief for
to be filed.
days from the receipt of the brief of the appellant, the appellee shall
file seven (7) copies of his brief with the clerk which shall be
by proof of service of two (2) copies thereof upon the appellant.
Sec. 5. Extension of
for the filing of briefs will not be allowed, except for good and
cause, and only if the motion for extension is filed before the
of the time sought to be extended.
Sec. 6. Form of briefs.
by typewritten on good quality unglazed paper, or mimeographed or
on newsprint or brown mimeograph paper, 280 mm. in length by 216 mm. in
width (commonly known as letter size).
Sec. 7. Contents of
cases shall have the same contents as provided in Section 16 and 17 of
Rule 46. The decision or order appealed from shall be copied as an
to the appellant’s brief.
Sec. 8. Dismissal of
for abandonment of failure to prosecute.
may, upon motion of the appellee or on its own motion and notice to the
appellant, dismiss the appeal if the appellant fails to file his brief
within the time prescribed by this Rule, except in case the appellant
represented by a counsel de oficio.
upon motion of the appellee or on its own motion, dismiss the appeal if
the appellant escapes from prison or confinement or jumps bail or flees
to a foreign country during the pendency of the appeal.
Sec. 9. Prompt
the accused is under detention shall have precedence over other
The appellate court shall hear and decide the appeal at the earliest
time with due regard to the rights of the parties. The accused need not
be present in court during the hearing of the appeal.
Sec. 10. Judgment not to
reversed or modified except for substantial error.
be reversed or modified unless the appellate court after an examination
of all the appeal papers is of the opinion that error was committed
injuriously affected the substantial rights of the appellant.
Sec. 11. Power of
court on appeal.
a judgment of the Regional Trial Court, the appellate court may
affirm, or modify the judgment and increase or reduce the penalty
by the trial court, remand the case to the Regional Trial Court for new
trial or retrial, or dismiss the case.
Sec. 12. Power to
The Court of
shall have the power to try cases and conduct hearings, receive
and perform any and all acts necessary to resolve factual issues raised
in cases (a) falling within its original jurisdiction, (b) involving
for damages arising from provisional remedies, or (c) wherein the court
grants a new trial based only on the ground of newly discovered
Sec. 13. Quorum of the
of the Court of Appeals shall constitute a quorum for the sessions of a
division. The unanimous vote of the three (3) Justices of a division
be necessary for the pronouncement of a judgment or final resolution,
shall be reached in consultation before the writing of the opinion by
member of the division. In the event that the three (3) Justices do not
reach a unanimous vote, the Presiding Justice shall request the raffle
committee of the Court for the designation of two (2) additional
to sit temporarily with them, forming a special division of five (5)
and the concurrence of a majority of such division shall be necessary
the pronouncement of a judgment or final resolution. The designation of
such additional Justices shall be made strictly by raffle and rotation
among all other Justices of the Court of Appeals.
Sec. 14. Motion for new
Whenever the Court
should be of the opinion that the penalty of reclusion perpetua or
should be imposed in a case, the Court after discussion of the evidence
and the law involved, shall render judgment imposing the penalty of
perpetua or higher as the circumstances warrant, refrain from entering
judgment and forthwith certify the case and elevate the entire record
to the Supreme Court for review.
At any time
the appeal from the lower court has been perfected and before the
of the appellate court convicting the accused becomes final, the latter
may move for a new trial on the ground of newly discovered evidenced
to his defense, the motion to conform to the provisions of Section 4,
Sec. 15. Where new trial
When a new
is granted, the Court of Appeals may refer it to the court of origin.
Sec. 16. Rehearing or
Motion for a
or reconsideration shall be made within fifteen (15) days after notice
of the decision of the court, with copies served upon the adverse
setting forth the grounds on which they are made. The mittimus shall be
stayed during the pendency of a motion for rehearing or
No party shall be allowed to file a second motion for rehearing or
of a final judgment or order.
Sec. 17. Judgment
and filed in trial court.
judgment of the appellate court is issued, a certified true copy of the
judgment shall be transmitted to the clerk of the court from which the
appeal was taken, and shall be filed by him.
Sec. 18. Application of
rules in civil to criminal cases.
Rules 46 to 56 relating to procedure in the Court of Appeals and in the
Supreme Court in original as well as appealed civil cases shall,
as they are applicable and not inconsistent with the provisions of this
Rule, be applied to criminal cases.
PROCEDURE IN THE
Section 1. Uniform procedure.
provided by the Constitution or the law, the procedure in the Supreme
in original as well as in appealed cases shall be the same as in Court
Sec. 2. Review of
of the Court of Appeals.
the review by the Supreme Court of decisions rendered by the Court of
in criminal cases shall be the same as in civil cases.
Sec. 3. Decision if
is equally divided.
banc is equally divided in opinion or the necessary majority cannot be
had, the case shall be reheard, and if in rehearing no decision is
the judgment of conviction of the lower court shall be reversed and the
Section 1. Search warrant
is an order in writing issued in the name of the People of the
signed by a judge and directed to a peace officer, commanding him to
for personal property described therein and bring it before the court.
Sec. 2. Personal
may be issued for the search and seizure of personal property:chanroblesvirtuallawlibrary
Sec. 3. Requisite for
Subject of the
(b) Stolen or
other proceeds or fruits of the offense; and
(c) Use or
intended to be
used as the means of committing an offense.
shall not issue but upon probable cause in connection with one specific
offense to be determined personally by the judge after examination
oath or affirmation of the complainant and the witnesses he may
and particularly describing the place to be searched and the things to
Sec. 4. Examination of
before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath the complainant and
witnesses he may produce on facts personally known to them and attach
the record their sworn statements together with any affidavits
Sec. 5. Issuance and
If the judge
thereupon satisfied of the existence of facts upon which the
is based, or that there is probable cause to believe that they exist,
must issue the warrant, which must be substantially in the form
by these Rules.
Sec. 6. Right to break
or window to effect search.
refused admittance to the place of directed search after giving notice
of his purpose and authority, may break open any outer or inner door or
window of a house or any part of a house or anything therein to execute
the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein.
Sec. 7. Search of house,
or premise, to be made in presence of two witnesses.
No search of
room, or any other premise shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence
the latter, in the presence of two witnesses of sufficient age and
residing in the same locality.
Sec. 8. Time of making
direct that it be served in the day time, unless the affidavit asserts
that the property is on the person or in the place ordered to be
in which case a direction may be inserted that it be served at any time
of the day or night.
Sec. 9. Validity of
shall be valid for ten (10) days from its date. Thereafter it shall be
Sec. 10. Receipt for the
property under the warrant must give a detailed receipt for the same to
the lawful occupant of the premises in whose presence the search and
were made, or in the absence of such occupant, must, in the presence of
at least two witnesses of sufficient age and discretion residing in the
same locality, leave a receipt in the place in which he found the
Sec. 11. Delivery of
and inventory thereof to court.
forthwith deliver the property seized to the judge who issued the
together with a true inventory thereof duly verified under oath.
Sec. 12. Search incident
arrested may be searched for dangerous weapons or anything which may be
used as proof of the commission of an offense, without a search warrant.
IN CRIMINAL CASES
Section 1. Availability of
remedies in civil actions may likewise be availed of in connection with
the civil action deemed instituted with the criminal action, insofar as
they are applicable.
Sec. 2. Attachment.
to Main Index
At the commencement
of a criminal action or at any time thereafter, when the civil action
the recovery of civil liability arising from the offense charged is not
expressly waived or the the right to institute such civil action
is not reserved the offended party may have the property of the accused
attached as security for the satisfaction of any judgment that may be
from the accused, in the following cases:chanroblesvirtuallawlibrary
(a) When the accused
is about to abscond from the Philippines;
(b) When the criminal action
is based on a claim for money or property embezzled or fraudulently
or converted to the use of the accused who is public officer, or any
of a corporation, or an attorney, factor, broker, agent, or clerk, in
course of his employment as such, or by any other person in a fiduciary
capacity, or for a willfull violation of duty;
(c) When the accused has
concealed, removed, or disposed of his property, or is about to do so;
(d) When the accused resides
outside the Philippines.