(RULES 110 -
[Effective December 1,
RULE 110 - PROSECUTION
1. Institution of criminal actions.– Criminal actions shall be
(a) For offenses where
preliminary investigation is required pursuant to section 1 of Rule
by filing the complaint with the proper officer for the purpose of
the requisite preliminary investigation.
(b) For all other
by filing the complaint or information directly with the Municipal
Courts and Municipal Circuit Trial Courts, or the complaint with the
of the prosecutor. In Manila and other chartered cities, the complaints
shall be filed with the office of the prosecutor unless otherwise
in their charters.
of the criminal action shall interrupt the running of the period of
of the offense charged unless otherwise provided in special laws.chanrobles virtualawlibrary
Sec. 2. The complaint or information –
The complaint or information
be in writing, in the name of the People of the Philippines and against
all persons who appear to be responsible for the offense involved.
3. Complaint defined. – A complaint is a sworn written
charging a person with an offense, subscribed by the offended party,
peace officer, or other public officer charged with the enforcement of
the law violated.
4. Information defined. – An information is an accusation in
charging a person with an offense, subscribed by the prosecutor and
with the court.
5. Who must prosecute criminal actions. – All criminal actions
by a complaint or information shall be prosecuted under the direction
control of the prosecutor. However, in Municipal Trial Courts or
Circuit Trial Courts when the prosecutor assigned thereto or to the
is not available, the offended party, any peace officer, or public
charged with the enforcement of the law violated may prosecute the
This authority shall cease upon actual intervention of the prosecutor
upon elevation of the case to the Regional Trial Court.
(Read A.M. NO.
[Effective May 01, 2002] Latest Amendments to Section 5, Rule 110
the Revised Rules of Criminal Procedure which provides:
5. Who must prosecute criminal action. - All criminal actions
commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work
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
subject to the approval of the court. Once so authorized to prosecute
criminal action, the private prosecutor shall continue to prosecute the
case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. x x x"
of adultery and concubinage shall not be prosecuted except upon a
filed by the offended spouse. The offended party cannot institute
prosecution without including the guilty parties, if both are alive,
in any case, if the offended party has consented to the offense or
of seduction, abduction and acts of lasciviousness shall not be
upon a complaint filed by the offended party of her parents,
or guardian, nor, in any case, if the offender has been expressly
by any of them. If the offended party dies or becomes incapacitated
she can file the complaint, and she has no known parents, grandparents
or guardian, the State shall initiate the criminal action in her behalf.
chan robles virtual law library
party, even if a minor, has the right to initiate the prosecution of
offenses of seduction, abduction and acts of lasciviousness
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,
or guardian shall be exclusive of all other persons and shall be
successively in the order herein provided, except as stated in the
action for defamation which consists in the imputation of any of the
mentioned above shall be brought except at the instance of and upon
filed by the offended party.
for violation of special laws shall be governed by the provision
Sec. 6. Sufficiency
complaint or information. – A complaint or information is
if it states the name of the accused; the designation of the offense
by the statute; the acts or omissions complained of as constituting the
offense; the name of the offended party; the approximate date of the
of the offense; and the place where the offense was committed.
offense is committed by more than one person, all of them shall be
in the complaint or information.
Sec. 7. Name of the
– The complaint or information must state the name and surname of the
or any appellation or nickname by which he has been or is known. If his
name cannot be ascertained, he must be described under a fictitious
with a statement that his true name is unknown.
true name of the accused is thereafter disclosed by him or appears in
other manner to the court, such true name shall be inserted in the
or information and record.
8. Designation of the offense. – The complaint or information
state the designation of the offense given by the statute, aver the
or omissions constituting the offense, and specify its qualifying and
circumstances. If there is no designation of the offense, reference
be made to the section or subsection of the statute punishing it.
9. Cause of the accusation. – The acts or omissions complained
as constituting the offense and the qualifying and aggravating
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
of common understanding to know what offense is being charged as well
its qualifying and aggravating circumstance and for the court to
10. Place of commission of the offense. – The complaint or
is sufficient if it can be understood from its allegations that the
was committed or some of its essential ingredients occurred at some
within the jurisdiction of the court, unless the particular place where
it was committed constitutes an essential element of the offense
or is necessary for its identification.
11. Date of commission of the offense. - It is not necessary
state in the complaint or information the precise date the offense was
committed except when it is a material ingredient of the offense. The
may be alleged to have been committed on a date as near as possible to
the actual date of its commission.
12. Name of the offended party. – The complaint or information
state the name and surname of the person against whom or against whose
property the offense was committed, or any appellation or nickname by
such person has been or is known. If there is no better way of
him, he must be described under a fictitious name.
(a) In offenses
property, if the name of the offended party is unknown, the property
be described with such particularity as to properly identify the
(b) If the true
name of the
person against whom or against whose property the offense was committed
is thereafter disclosed or ascertained, the court must cause such true
name to be inserted in the complaint or information and the record.
(c) If the offended
is a juridical person, it is sufficient to state its name, or any name
or designation by which it is known or by which it may be identified,
need of averring that it is a juridical person or that it is organized
in accordance with law.
Sec. 13. Duplicity of the offense.
– A complaint or information must
only one offense, except when the law prescribes a single punishment
various offenses.chanrobles virtualawlibrary
Sec. 14. Amendment or substitution.
– A complaint or information may be
in form or in substance, without leave of court and when it can be done
without causing prejudice to the rights of the accused.
any amendment before plea, which downgrades the nature of the offense
in or excludes any accused from the complaint or information, can be
only upon motion by the prosecutor, with notice to the offended party
with leave of court. The court shall state its reasons in resolving the
motion and copies of its order shall be furnished all parties,
the offended party.
appears at anytime before judgment that a mistake has been made in
the proper offense, the court shall dismiss the original complaint or
upon the filing of a new one charging the proper offense in accordance
with section 19, Rule 119, provided the accused shall not be placed in
double jeopardy. The court may require the witnesses to give bail for
appearance at the trial.
15. Place where action is to be instituted. - (a)
to existing laws, the criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was
or where any of its essential ingredients occurred.
an offense is committed in a train, aircraft, or other public or
vehicle in the course of its trip, the criminal action shall be
and tried in the court of any municipality or territory where such
aircraft, or other vehicle passed during its trip, including the place
of its departure and arrival.
chan robles virtual law library
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
port of entry or of any municipality or territory where the vessel
during such voyage, subject to the generally accepted principles of
committed outside the Philippines but punishable under Article 2 of the
Penal Code shall be cognizable by the court where the criminal
is first filed.
16. Intervention of the offended party in criminal action. –
the civil action for recovery of civil liability is instituted in the
action pursuant to Rule 111, the offended party may intervene by
in the prosecution of the offense.
RULE 111 - PROSECUTION
1. Institution of criminal and civil actions. – (a) When a
action is instituted, the civil action for the recovery of civil
arising from the offense charged shall be deemed instituted with the
action unless the offended party waives the civil action, reserves the
right to institute it separately or institutes the civil action prior
the criminal action.
of the right to institute separately the civil action shall be made
the prosecution starts presenting its evidence and under circumstances
affording the offended party a reasonable opportunity to make such
offended party seeks to enforce civil liability against the accused by
way of moral, nominal, temperate, or exemplary damages without
the amount thereof in the complaint or information, the filing fees
shall constitute a first lien on the judgment awarding such damages.
the amount of damages, other than actual, is specified in the complaint
or information, the corresponding filing fees shall be paid by the
party upon the filing thereof in court.
as otherwise provided in these Rules, no filing fees shall be required
for actual damages.
cross-claim or third-party complaint may be filed by the accused in the
criminal case, but any cause of action which could have been the
thereof may be litigated in a separate civil action.
criminal action for violation of Batas
Pambansa Blg. 22 shall be deemed to include the corresponding civil
action. No reservation to file such civil action separately shall be
of the aforesaid joint criminal and civil actions, the offended party
pay in full the filing fees based on the amount of the check involved,
which shall be considered as the actual damages claimed. Where the
or information also seeks to recover liquidated, moral, nominal,
or exemplary damages, the offended party shall pay additional filing
based on the amounts alleged therein. If the amounts are not so alleged
but any of these damages are subsequently awarded by the court, the
fees based on the amount awarded shall constitute a first lien on the
the civil action has been filed separately and trial thereof has not
commenced, it may be consolidated with the criminal action upon
with the court trying the latter case. If the application is granted,
trial of both actions shall proceed in accordance with section 2 of
Rule governing consolidation of the civil and criminal actions.
2. When separate civil action is suspended. – After the
action has been commenced, the separate civil action arising therefrom
cannot be instituted until final judgment has been entered in the
chan robles virtual law library
criminal action is filed after the said civil action has already been
the latter shall be suspended in whatever state it may be found before
judgment on the merits. The suspension shall last until final judgment
is rendered in the criminal action. Nevertheless, before judgment on
merits rendered in the civil action, the same may, upon motion of the
party, be consolidated with the criminal action in the court trying the
criminal action. In case of consolidation, the evidence already adduced
in the civil action shall be deemed automatically reproduced in the
action without prejudice to the right of the prosecution to
the witness presented by the offended party in the criminal case and of
the parties to present additional evidence. The consolidated criminal
civil actions shall be tried and decided jointly.
the pendency of the criminal action, the running period of prescription
of the civil action which cannot be instituted separately or whose
has been suspended shall be tolled.
of the penal action does not carry with it extinction of the civil
However, the civil action based on delict shall be deemed extinguished
if there is a finding in a final judgment in the criminal action that
act or omission from which the civil liability may arise did not exist.
3. When civil action may proceed independently. – In the cases
in Articles 32, 33, 34 and 2176 of the Civil
Code of the Philippines, the independent civil action may be
by the offended party. It shall proceed independently of the criminal
and shall require only a preponderance of evidence. In no case,
may the offended party recover damages twice for the same act or
charged in the criminal action.
4. Effect of death on civil actions. – The death of the accused
after arraignment and during the pendency of the criminal action shall
extinguish the civil liability arising from the delict. However, the
civil action instituted under section 3 of this Rule or which
is instituted to enforce liability arising from other sources of
may be continued against the estate or legal representative of the
after proper substitution or against said estate, as the case may be.
heirs of the accused may be substituted for the deceased without
the appointment of an executor or administrator and the court may
a guardian ad litem for the minor heirs.
shall forthwith order said legal representative or representatives to
and be substituted within a period of thirty (30) days from notice.
judgment entered in favor of the offended party shall be enforced in
manner especially provided in these rules for prosecuting claims
the estate of the deceased.
chan robles virtual law library
accused dies before arraignment, the case shall be dismissed without
to any civil action the offended party may file against the estate of
5. Judgment in civil action not a bar. – A final judgment
in a civil action absolving the defendant from civil liability is not a
bar to a criminal action against the defendant for the same act or
subject of the civil action.
6. Suspension by reason of prejudicial question. – A petition
suspension of the criminal action based upon the pendency of a
question in a civil action may be filed in the office of the prosecutor
or the court conducting the preliminary investigation. When the
action has been filed in court for trial, the petition to suspend shall
be filed in the same criminal action at any time before the prosecution
7. Elements of prejudicial question. – The elements of a
questions are: (a) the previously instituted civil action involves an
similar or intimately related to the issue raised in the subsequent
action, and (b) the resolution of such issue determines whether or not
the criminal action may proceed.
RULE 112 - PRELIMINARY
1. Preliminary investigation defined; when required.
is an inquiry or proceeding to determine whether there is sufficient
to engender a well-founded belief that a crime has been committed and
respondent is probably guilty thereof, and should be held for trial.
as provided in Section 7 of this Rule, a preliminary investigation is
to be conducted before the filing of a compliant 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.
2. Officers authorized to conduct preliminary investigations. –
The following may conduct preliminary investigations:chanroblesvirtuallawlibrary
(a) Provincial or City
and their assistants;
(b) Judges of the
Trial Courts and Municipal Circuit Trial Courts;
(c) National and
State Prosecutors; and
(d) Other officers
be authorized by law.
to conduct preliminary investigations shall include all crimes
by the proper court in their respective territorial jurisdictions.chanrobles virtualawlibrary
Sec. 3. Procedure.– The
preliminary investigation shall be conducted
the following manner:chanroblesvirtuallawlibrary
complaint shall state the address of the respondent and shall be
by the affidavits of the complainant and his witnesses, as well as
supporting documents to establish probable cause. They shall be in such
number of copies as there are respondents, plus two (2) copies for the
official file. The affidavits shall be subscribed and sworn to before
prosecutor or government official authorized to administer oath, or, in
their absence or unavailability, before a notary public, each of whom
certify that he personally examined the affiants and that he is
that they voluntarily executed and understood their affidavits.
ten (10) days after the filing of the complaint, the investigating
shall either dismiss it if he finds no ground to continue with the
or issue a subpoena to the respondent attaching to it a copy of the
and its supporting affidavits and documents.
shall have the right to examine the evidence submitted by the
which he may not have been furnished and to copy them at his expense.
the evidence is voluminous, the complainant may be required to specify
those which he intends to present against the respondent, and these
be made available for examination or copying by the respondent at his
as evidence need not be furnished a party but shall be made available
examination, copying, or photographing at the expense of the requesting
ten (10) days from receipt of the subpoena with the complaint and
affidavits and documents, the respondent shall submit his
and that of his witnesses and other supporting documents relied upon
his defense. The counter-affidavits shall be subscribed and sworn to
certified as provided in paragraph (a) of this section, with copies
furnished by him to the complainant. The respondent shall not be
to file a motion to dismiss in lieu of a counter-affidavit.
the respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavits within the ten (10) day period, the investigating
shall resolve the complaint based on the evidence presented by the
investigating officer may set a hearing if there are facts and issues
be clarified from a party or a witness. The parties can be present at
hearing but without the right to examine or cross-examine. They may,
submit to the investigating officer questions which may be asked to the
party or witness concerned.
shall be held within ten (10) days from submission of the
and other documents or from the expiration of the period for their
It shall be terminated within five (5) days.
ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the
4. Resolution of investigating prosecutor and its review. – If
investigating prosecutor finds cause to hold the respondent for trial,
he shall prepare the resolution and information. He shall certify under
oath in the information that he, or as shown by the record, an
officer, has personally examined the complainant and his witnesses;
there is reasonable ground to believe that a crime has been committed
that the accused is probably guilty thereof; that the accused was
of the complaint and of the evidence submitted against him; and that he
was given an opportunity to submit controverting evidence. Otherwise,
shall recommend the dismissal of the complaint.
five (5) days from his resolution, he shall forward the record of the
to the provincial or city prosecutor or chief state prosecutor, or to
Ombudsman or his deputy in cases of offenses cognizable by the
in the exercise of its original jurisdiction. They shall act on the
within ten (10) days from their receipt thereof and shall immediately
the parties of such action.
or information may be filed or dismissed by an investigating prosecutor
without the prior written authority or approval of the provincial or
prosecutor or chief state prosecutor or the Ombudsman or his deputy.
the investigating prosecutor recommends the dismissal of the complaint
but his recommendation is disapproved by the provincial or city
or chief state prosecutor or the Ombudsman or his deputy on the ground
that a probable cause exists, the latter may, by himself, file the
against the respondent, or direct another assistant prosecutor or state
prosecutor to do so without conducting another preliminary
petition by a proper party under such rules as the Department of
may prescribe or motu propio, the Secretary of Justice reverses
or modifies the resolution of the provincial or city prosecutor or
state prosecutor, he shall direct the prosecutor concerned either to
the corresponding information without conducting anther preliminary
or to dismiss or move for dismissal of the complaint or information
notice to the parties. The same rule shall apply in preliminary
conducted by the officers of the Office of the Ombudsman.
5. Resolution of investigating judge and its review.
– Within ten (10) days
the preliminary investigation, the investigating judge shall transmit
resolution of the case to the provincial or city prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the
in the exercise of its original jurisdiction, for appropriate action.
resolution shall state the findings of facts and the law supporting his
action, together with the record of the case which shall include: (a)
warrant, if the arrest is by virtue of a warrant; (b) the affidavits,
and other supporting evidence of the parties; (c) the undertaking or
of the accused and the order for his release; (d) the transcripts of
proceedings during the preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the dismissal
thirty (30) days from receipt of the records, the provincial or city
or the Ombudsman or his deputy, as the case may be, shall review the
of the investigating judge on the existence of probable cause. Their
shall expressly and clearly state the facts and the law on which it is
based and the parties shall be furnished with copies thereof. They
order the release of an accused who is detained if no probable cause is
found against him.
6. When warrant of arrest may issue. – (a) By the Regional
Court. – Within ten (10) days from the filing of the complaint or
the judge shall personally evaluate the resolution of the prosecutor
its supporting evidence. He may immediately dismiss the case if the
on record clearly fails to establish probable cause. If he finds
cause, he shall issue a warrant of arrest, or a commitment order if the
accused has already been arrested pursuant to a warrant issued by the
who conducted the preliminary investigation or when the complaint or
was filed pursuant to section 7 of this Rule. In case of doubt on the
of probable cause, the judge may order the prosecutor to present
evidence within five (5) days from notice and the issue must be
by the court within thirty (30) days from the filing of the complaint
chan robles virtual law library
By the Municipal Trial Court. – When required pursuant to the
paragraph of section of this Rule, the preliminary investigation of
falling under the original jurisdiction of the Metropolitan Trial
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Trial Court may be conducted by either the judge or the prosecutor.
conducted by the prosecutor, the procedure for the issuance of a
of arrest by the judge shall be governed by paragraph (a) of this
When the investigation is conducted by the judge himself, he shall
the procedure provided in section 3 of this Rule. If his findings and
are affirmed by the provincial or city prosecutor, or by the Ombudsman
or his deputy, and the corresponding information is filed, he shall
a warrant of arrest. However, without waiting for the conclusion of the
investigation, the judge may issue a warrant of arrest if he finds
an examination in writing and under oath of the complainant and his
in the form of searching questions and answers, that a probable cause
and that there is a necessity of placing the respondent under immediate
custody in order not to frustrate the ends of justice.
When warrant of arrest not necessary. – A warrant of arrest shall
issue if the accused is already under detention pursuant to a warrant
by the municipal trial court in accordance with paragraph (b) of this
or if the complaint or information was filed pursuant to section 7 of
Rule or is for an offense penalized by fine only. The court shall them
proceed in the exercise of its original jurisdiction.
7. When accused lawfully arrested without warrant. – When a
is lawfully arrested without a warrant involving an offense which
a preliminary investigation, the complaint or information may be filed
by a prosecutor without need of such investigation provided an inquest
has been conducted in accordance with existing rules. In the absence or
unavailability of an inquest prosecutor, the complaint may be filed by
the offended party or a peace officer directly with the proper court on
the basis of the affidavit of the offended party or arresting officer
the complaint or information is filed, the person arrested may ask for
a preliminary investigation in accordance with this Rule, but he must
a waiver of the provision of Article 125 of the Revised
Penal Code, as amended, in the presence of his counsel.
the waiver, he may apply for bail and the investigation must be
within fifteen (15) days from its inception.
the filing of the complaint or information in court without a
investigation, the accused may, within five (5) days from the time he
of its filing, ask for a preliminary investigation with the same right
to adduce evidence in his defense as provided in this Rule.
8. Records. – (a) Records supporting the information or
– An information or complaint filed in court shall be supported by the
affidavits and counter-affidavits of the parties and their witnesses,
with the other supporting evidence and the resolution on the case.
of preliminary investigation. – The record of the preliminary
whether conducted by a judge or a prosecutor, shall not form part of
record of the case. However, the court, on its own initiative or on
of any party, may order the production of the record or any of its part
when necessary in the resolution of the case or any incident therein,
when it is to be introduced as an evidence in the case by the
9. Cases not requiring a preliminary investigation nor covered by
Rule on Summary Procedure. – (a) If filed with the prosecutor.
– If the complaint is filed directly with the prosecutor involving an
punishable by imprisonment of less than four (4) years, two (2) months
and one (1) day, the procedure outlined in section 3(a) of this Rule
be observed. The prosecutor shall act on the complaint based on the
and other supporting documents submitted by the complainant within ten
(10) days from its filing.
If filed with the Municipal Trial Court. – If the complaint or
is filed with the Municipal Trial Court or Municipal Circuit Trial
for an offense covered by this section, the procedure in section 3 (a)
of this Rule shall be observed. If within ten (10) days after the
of the complaint or information, the judge finds no probable cause
personally evaluating the evidence, or after personally examining in
and under oath the complainant and his witnesses in the form of
questions and answers, he shall dismiss the same. He may, however,
the submission of additional evidence, within ten (10) days from
to determine further the existence of probable cause. If the judge
finds no probable cause despite the additional evidence, he shall,
ten (10) days from its submission or expiration of said period, dismiss
the case. When he finds probable cause, he shall issue a warrant of
or a commitment order if the accused had already been arrested, and
him for trial. However, if the judge is satisfied that there is no
for placing the accused under custody, he may issue summons instead of
a warrant of arrest.
1. Definition of arrest. – Arrest is the taking of a person
custody in order that he may be bound to answer for the commission of
Sec. 2. Arrest; how made. – An
arrest is made by an actual restraint
a person to be arrested, or by his submission to the custody of the
making the arrest.
or unnecessary force shall be used in making an arrest. The person
shall not be subject to a greater restraint than is necessary for his
3. Duty of arresting officer. – It shall be the duty of the
executing the warrant to arrest the accused and deliver him to the
police station or jail without unnecessary delay.
4. Execution of warrant. – The head of the office to whom the
of arrest was delivered for execution shall cause the warrant to be
within ten (10) days from its receipt. Within ten (10) days after the
of the period, the officer to whom it was assigned for execution shall
make a report to the judge who issued the warrant. In case of his
to execute the warrant, he shall state the reason therefore.
5. Arrest without warrant; when lawful. – A peace officer or a
person may, without a warrant, arrest a person:chanroblesvirtuallawlibrary
(a) When, in his
the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
(b) When an offense
been committed and he has probable cause to believe based on personal
of facts or circumstances that the person to be arrested has committed
(c) When the person
arrested is a prisoner who has escaped from a penal establishment or
where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one
falling under paragraphs (a) and (b) above, the person arrested without
a warrant shall be forthwith delivered to the nearest police station or
jail and shall be proceeded against in accordance with section 7 of
Sec. 6. Time of making arrest. –
An arrest may be made on any day and
any time of the day or night.
Sec. 7. Method of arrest by officer
by virtue of warrant.
– When making an arrest
by virtue of a warrant, the officer shall inform the person to be
of the cause of the arrest and the fact that a warrant has been issued
for his arrest, except when he flees or forcibly resists before the
has opportunity to so inform him, or when the giving of such
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.
chan robles virtual law library
Sec. 8. Method of arrest by officer
without warrant. – When making an
without a warrant, the officer shall inform the person to be arrested
his authority and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued immediately after
commission, has escaped, flees, or forcibly resists before the officer
has opportunity to so inform him, or when the giving of such
will imperil the arrest.
Sec. 9. Method of arrest by private
person. – When making an arrest, a
person shall inform the person to be arrested of the intention to
him and the case of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately after its
or has escaped, flees, or forcibly resists before the person making the
arrest has opportunity to so inform him, or when the giving of such
will imperil the arrest.
Sec. 10. Officer may summon assistance.
– An officer making a lawful
may orally summon as many persons as he deems necessary to assist him
effecting the arrest. Every person so summoned by an officer shall
him in effecting the arrest when he can render such assistance without
detriment to himself.
Sec. 11. Right of officer to break
into building or enclosure.
– An officer, in order
an arrest either by virtue of a warrant, or without a warrant as
in section 5, may break into any building or enclosure where the person
to be arrested is or is reasonably believed to be, if he is refused
thereto, after announcing his authority and purpose.
Sec. 12. Right to break out from
building or enclosure. – Whenever an
has entered the building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to liberate himself.
Sec. 13. Arrest after escape or rescue.
– If a person lawfully arrested
or is rescued, any person may immediately pursue or retake him without
a warrant at any time and in any place within the Philippines.
Sec. 14. Right of attorney or
relative to visit person arrested. – Any
of the Philippine Bar shall, at the request of the person arrested or
another acting in his behalf, have the right to visit and confer
with such person in the jail or any other place of custody at any hour
of the day or night. Subject to reasonable regulations, a relative of
person arrested can also exercise the same right.
1. Bail defined. – Bail is the security given for the release
a person in custody of the law, furnished by him or a bondsman, to
his appearance before any court as required under the conditions
specified. Bail may be given in the form of corporate surety, property
bond, cash deposit, or recognizance.
2. Conditions of the bail; requirements. – All kinds of bail
subject to the following conditions:chanroblesvirtuallawlibrary
(a) The undertaking
be effective upon approval, and unless cancelled, shall remain in force
at all stages of the case until promulgation of the judgment of the
Trial Court, irrespective of whether the case was originally filed in
appealed to it;
(b) The accused shall
before the proper court whenever required by the court of these Rules;
(c) The failure of
to appear at the trial without justification and despite due notice
be deemed a waiver of his right to be present thereat. In such case,
trial may proceed in absentia; and
(d) The bondsman
the accused to the court for execution of the final judgment.
papers shall state the full name and address of the accused, the amount
of the undertaking and the conditions required by this section.
(passport size) taken within the last six (6) months showing the face,
left and right profiles of the accused must be attached to the bail.chanrobles virtualawlibrary
Sec. 3. No release or transfer except
on court order or bail. – No
under detention by legal process shall be released or transferred
upon order of the court or when he is admitted to bail.
Sec. 4. Bail, a matter of right;
exception. – All persons in custody
be admitted to bail as a matter of right, with sufficient sureties, or
released on recognizance as prescribed by law or this Rule (a) before
after conviction by the Metropolitan Trial Court, Municipal Trial
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and
(b) before conviction by the Regional Trial court of an offense not
by death, reclusion perpetua, or life imprisonment.
Sec. 5. Bail, when discretionary.
– Upon conviction by the Regional
Court of an offense not punishable by death, reclusion perpetua,
or life imprisonment, admission to bail is discretionary. The
for bail may be filed and acted upon by the trial court despite the
of a notice of appeal, provided it has not transmitted the original
to the appellate court. However, if the decision of the trial court
the accused changed the nature of the offense from non-bailable to
the application for bail can only be filed with and resolved by the
the court grant the application, the accused may be allowed to continue
on provisional liberty during the pendency of the appeal under the same
bail subject to the consent of the bondsman.
penalty imposed by the trial court is imprisonment exceeding six (6)
the accused shall be denied bail, or his bail shall be cancelled upon a
showing by the prosecution, with notice to the accuse, of the following
or other similar circumstances:chanroblesvirtuallawlibrary
(a) That he is a
quasi-recidivist, or habitual delinquent, or has committed the crime
by the circumstance of reiteration;
(b) That he has
escaped from legal confinement, evaded sentence, or violated the
of his bail without valid justification;
(c) That he committed
offense while under probation, parole, or conditional pardon;
(d) That the
of his case indicate the probability of flight if released on bail; or
(e) That there is
that he may commit another crime during the pendency of the appeal.
court may, motu proprio or on motion of any party, review the
of the Regional Trial Court after notice to the adverse party in either
Sec. 6. Capital offense defined. –
A capital offense is an offense
under the law existing at the time of its commission and of the
for admission to bail, may be punished with death.
Sec. 7. Capital offense or an offense
punishable by reclusion perpetua or
imprisonment, not bailable. – No person charged with a capital
or an offense punishable by reclusion perpetua or life
shall be admitted to bail when evidence of guilt is strong, regardless
of the state of the criminal prosecution.
chan robles virtual law library
Sec. 8. Burden of proof in bail
application. – At the hearing of an
for bail filed by a person who is in custody for the commission of an
punishable by death, reclusion perpetua, or life imprisonment,
prosecution has the burden of showing that evidence of guilt is strong.
The evidence presented during the bail hearing shall be considered
reproduced at the trial but, upon motion of either party, the court may
recall any witness for additional examination unless the latter is
outside the Philippines, or otherwise unable to testify.
Sec. 9. Amount of bail; guidelines. –
The judge who issued the
granted the application shall fix a reasonable amount of bail
primarily, but not limited to, the following factors:chanroblesvirtuallawlibrary
of the accused to give bail;
(b) Nature and
of the offense;
(c) Penalty for the
(d) Character and
of the accused;
(e) Age and health of
(f) Weight of the
against the accused;
(g) Probability of
appearing at the trial;
(h) Forfeiture of
(i) The fact that the
was a fugitive from justice when arrested; and
(j) Pendency of other
where the accused is on bail.
bail shall not be required.chanrobles virtualawlibrary
Sec. 10. Corporate surety. – Any
domestic or foreign corporation,
as a surety in accordance with law and currently authorized to act as
may provide bail by a bond subscribed jointly by the accused and an
of the corporation duly authorized by its board of directors.
Sec. 11. Property bond, how posted.
– A property bond is an undertaking
as lien on the real property given as security for the amount of the
Within ten (10) days after the approval of the bond, the accused shall
cause the annotation of the lien on the certificate of title on file
the Registry of Deeds if the land is registered, or if unregistered, in
the Registration Book on the space provided therefore, in the Registry
of Deeds for the province or city where the land lies, and on the
tax declaration in the office of the provincial, city and municipal
the same period, the accused shall submit to the court his compliance
his failure to do so shall be sufficient cause for the cancellation of
the property bond and his re-arrest and detention.
12. Qualifications of sureties in property bond. – The
of sureties in a property bond shall be as follows:chanroblesvirtuallawlibrary
(a) Each must be a
owner of real estate within the Philippines;
(b) Where there is
surety, his real estate must be worth at least the amount of
(c) If there are two
sureties, each may justify in an amount less than that expressed in the
undertaking but the aggregate of the justified sums must be equivalent
to the whole amount of the bail demanded.
every surety must be worth the amount specified in his own undertaking
over and above all just debts, obligations and properties exempt from
Sec. 13. Justification of sureties.
– Every surety shall justify by
taken before the judge that he possesses the qualification prescribed
the preceding section. He shall describe the property given as
stating the nature of his title, its encumbrances, the number and
of other bails entered into by him and still undischarged, and his
liabilities. The court may examine the sureties upon oath concerning
sufficiency in such manner as it may deem proper. No bail shall be
unless the surety is qualified.
Sec. 14. Deposit of cash as bail. –
The accused or any person acting
behalf may deposit in cash with the nearest collector of internal
or provincial, city, or municipal treasurer the amount of bail fixed by
the court, or recommended by the prosecutor who investigated or filed
case. Upon submission of a proper certificate of deposit and a written
undertaking showing compliance with the requirements of section 2 of
Rule, the accused shall be discharged from custody. The money deposited
shall be considered as bail and applied to the payment of fine and
while the excess, if any, shall be returned to the accused or to
made the deposit.
Sec. 15. Recognizance. –
Whenever allowed by law or these Rules, the
may release a person in custody on his own recognizance or that of a
Sec. 16. Bail, when not required;
reduced bail or recognizance. – No
shall be required when the law or these Rules so provide.
person has been in custody for a period equal to or more than the
maximum imprisonment prescribed for the offense charged, he shall be
immediately, without prejudice to the continuation of the trial or the
proceedings on appeal. If the maximum penalty to which the accused may
be sentenced is destierro, he shall be released after thirty
days of preventive imprisonment.
in custody for a period equal to or more than the minimum of the
penalty prescribed for the offense charged, without application of the
Indeterminate Sentence Law or any modifying circumstance, shall be
on a reduced bail or on his own recognizance, at the discretion of the
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,
any regional trial judge, metropolitan trial judge, municipal trial
or municipal circuit trial judge in the province, city or municipality.
If the accused is arrested in a province, city, or municipality other
where the case is pending, bail may also be filed with any regional
court of said place, of if no judge thereof is available, with any
trial judge, municipal trial judge, or municipal circuit trial judge
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
where the case is pending, whether on preliminary investigation, trial,
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.
18. Notice of application to prosecutor. – In the application
bail under section 8 of this Rule, the court must give reasonable
of the hearing to the prosecutor or require him to submit his
19. Release on bail. – The accused must be discharged upon
of the bail by the judge with whom it was filed in accordance with
17 of this Rule.
is filed with a court other than where the case is pending, the judge
accepted the bail shall forward it, together with the order of release
and other supporting papers, to the court where the case is pending,
may, for good reason, require a different one to be filed.
20. Increase or reduction of bail. – After the accused is
to bail, the court may, upon good cause, either increase or reduce its
amount. When increased, the accused may be committed to custody if he
not give bail in the increased amount within a reasonable period. An
held to answer a criminal charge, who is released without bail upon
of the complaint or information, may, at any subsequent stage of the
and whenever a strong showing of guilt appears to the court, be
to give bail in the amount fixed, or in lieu thereof, committed to
chan robles virtual law library
21. Forfeiture of bail. – When the presence of the accused is
by the court or these Rules, his bondsmen shall be notified to produce
him before the court on a given date and time. If the accused fails to
appear in person as required, his bail shall be declared forfeited and
the bondsmen given thirty (30) days within which to produce their
and to show why no judgment should be rendered against them for the
of their bail. Within the said period, the bondsmen must:chanroblesvirtuallawlibrary
(a) produce the
their principal or give the reason for his non-production; and
(b) explain why the
did not appear before the court when first required to do so.
these two requisites, a judgment shall be rendered against the
jointly and severally, for the amount of the bail. The court shall not
reduce or otherwise mitigate the liability of the bondsmen, unless the
accused has been surrendered or is acquitted.chanrobles virtualawlibrary
Sec. 22. Cancellation of bail. –
Upon application of the bondsmen,
notice to the prosecutor, the bail may be cancelled upon surrender of
accused or proof of his death.
shall be deemed automatically cancelled upon acquittal of the accused,
dismissal of the case, or execution of the judgment of conviction.
instances, the cancellation shall be without prejudice to any liability
on the bail.
23. Arrest of accused out on bail. – For the purpose of
the accused, the bondsmen may arrest him or, upon written authority
on a certified copy of the undertaking, cause him to be arrested by a
officer or any other person of suitable age and discretion.
released on bail may be re-arrested without the necessity of a warrant
if he attempts to depart from the Philippines without permission of the
court where the case is pending.
24. No bail after final judgment; exception. – No bail shall
allowed after a judgment of conviction has become final. If before such
finality, the accused applies for probation, he may be allowed
liberty under his bail. When no bail was filed or the accused is
of filing one, the court may allow his release on recognizance to the
of a responsible member of the community. In no case shall bail be
after the accused has commenced to serve sentence.
25. Court supervision of detainees. – The court shall exercise
over all persons in custody for the purpose of eliminating unnecessary
detention. The executive judges of the Regional Trial Courts shall
monthly personal inspections of provincial, city, and municipal jails
the prisoners within their respective jurisdictions. They shall
the number of detainees, inquire on their proper accommodation and
and examine the condition of the jail facilities. They shall order the
segregation of sexes and of minors from adults, ensure the observance
the right of detainees to confer privately with counsel, and strive to
eliminate conditions inimical to the detainees.
and municipalities to be specified by the Supreme Court, the municipal
trial judges or municipal circuit trial judges shall conduct monthly
inspections of the municipal jails in their respective municipalities
submit a report to the executive judge of the Regional Trial Court
report of such visitation shall be submitted by the executive judges to
the Court Administrator which shall state the total number of
the names of those held for more than thirty (30) days, the duration of
detention, the crime charged, the status of the case, the cause for
and other pertinent information.
26. Bail not a bar to objections on illegal arrest, lack of or
preliminary investigation. – An application for or admission to
shall not bar the accused from challenging the validity of his arrest
the legality of the warrant issued therefore, or from assailing the
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
the start of the trial of the case.
RULE 115 - RIGHTS OF
1. Rights of accused at trial. – In all criminal prosecutions,
accused shall be entitled to the following rights:chanroblesvirtuallawlibrary
(a) To be presumed
until the contrary is proved beyond reasonable doubt.
(b) To be informed of
nature and cause of the accusation against him.
(c) To be present and
in person and by counsel at every stage of the proceedings, from
to promulgation of the judgment. The accused may, however, waive his
at the trial pursuant to the stipulations set forth in his bail, unless
his presence is specifically ordered by the court for purposes of
The absence of the accused without justifiable cause at the trial of
he had notice shall be considered a waiver of his right to be present
When an accused under custody escapes, he shall be deemed to have
his right to be present on all subsequent trial dates until custody
him is regained. Upon motion, the accused may be allowed to defend
in person when it sufficiently appears to the court that he can
protect his rights without the assistance of counsel.
(d) To testify as a
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 from
compelled to be a witness against himself.
(f) To confront and
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
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 speedy,
and public trial.
(i) To appeal in all
allowed and in the manner prescribed by law.
RULE 116 -
1. Arraignment and plea; how made. - (a) The accused must be
before the court where the complaint or information was filed or
for trial. The arraignment shall be made in open court by the judge or
clerk by furnishing the accused with a copy of the complaint or
reading the same in the language or dialect known to him, and asking
whether he pleads guilty or not guilty. The prosecution may call at the
trial witnesses other than those named in the complaint or information.
accused must be present at the arraignment and must personally enter
plea. Both arraignment and plea shall be made of record, but failure to
do so shall not affect the validity of the proceedings.
the accused refuses to plead or makes a conditional plea, a plea of not
guilty shall be entered for him.
the accused pleads guilty but presents exculpatory evidence, his plea
be deemed withdrawn and a plea of not guilty shall be entered for him.
the accused is under preventive detention, his case shall be raffled
its records transmitted to the judge to whom the case was raffled
three (3) days from the filing of the information or complaint. The
shall be arraigned within ten (10) days from the date of the raffle.
pre-trial conference of his case shall be held within ten (10) days
private offended party shall be required to appear at the arraignment
purposes of plea bargaining, determination of civil liability, and
matters requiring his presence. In case of failure of the offended
to appear despite due notice, the court may allow the accused to enter
a plea of guilty to a lesser offense which is necessarily included in
offense charged with the conformity of the trial prosecutor alone.
a shorter period is provided by special law or Supreme Court circular,
the arraignment shall be held within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused. The time of
the pendency of a motion to quash or for a bill or particulars or other
causes justifying suspension of the arraignment shall be excluded in
2. Plea of guilty to a lesser offense. – At arraignment, the
with the consent of the offended party and prosecutor, may be allowed
the trial court to plead guilty to a lesser offense which is
included in the offense charged. After arraignment but before trial,
accused may still be allowed to plead guilty to said lesser offense
withdrawing his plea of not guilty. No amendment of the complaint or
chan robles virtual law library
3. Plea of guilty to capital offense; reception of evidence. –
the accused pleads guilty to a capital offense, the court shall conduct
a searching inquiry into the voluntariness and full comprehension of
consequences of his plea and shall require the prosecution to prove his
guilt and the precise degree of culpability. The accused may present
in his behalf.
4. Plea of guilty to non-capital offense; reception of evidence,
– When the accused pleads guilty to a non-capital offense, the court
receive evidence from the parties to determine the penalty to be
5. Withdrawal of improvident 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
6. Duty of court to inform accused of his right to counsel. –
arraignment, the court shall inform the accused of his right to counsel
and ask him if he desires to have one. Unless the accused is allowed to
defend himself in person or has employed counsel of his choice, the
must assign a counsel de officio to defend him.
7. Appointment of counsel de officio. – The court, considering
gravity of the offense and the difficulty of the questions that may
shall appoint as counsel de officio such members of the bar in
standing who, by reason of their experience and ability, can
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.
8. Time for counsel de officio to prepare for arraignment. –
a counsel de office is appointed by the court to defend the
at the arraignment, he shall be given a reasonable time to consult with
the accused as to his plea before proceeding with the arraignment.
9. Bill of particulars. – The accused may, before arraignment,
for a bill of particulars to enable him properly to plead and prepare
trial. The motion shall specify the alleged defects of the complaint or
information and the details desired.
10. Production or inspection of material evidence in possession of
– Upon motion of the accused showing good cause and with notice to the
parties, the court, in order to prevent surprise, suppression, or
may order the prosecution to produce and permit the inspection and
or photographing of any written statement given by the complainant and
other witnesses in any investigation of the offense conducted by the
or other investigating officers, as well as any designated documents,
books, accounts, letters, photographs, object, or tangible things not
privileged, which constitute or contain evidence material to any matter
involved in the case and which are in the possession or under the
of the prosecution, police, or other law investigating agencies.
11. Suspension of arraignment. – Upon motion by the proper
the arraignment shall be suspended in the following cases:chanroblesvirtuallawlibrary
(a) The accused
to be suffering from an unsound mental condition which effectively
him unable to fully understand the charge against him and to plead
thereto. In such case, the court shall order his mental examination
if necessary, his confinement for such purpose;
(b) There exists a
(c) A petition for
of the resolution of the prosecutor is pending at either the Department
of Justice, or the Office of the President; provided, that the
of suspension shall not exceed sixty (60) days counted from the filing
of the petition with the reviewing office.
RULE 117 -
1. Time to move to quash. – At any time before entering his
the accused may move to quash the complaint or information.
2. Form and contents. – The motion to quash shall be in
signed by the accused or his counsel and shall distinctly specify its
and legal grounds. The court shall consider no ground other than those
stated in the motion, except lack of jurisdiction over the offense
3. Grounds. – The accused may move to quash the complaint or
on any of the following grounds:chanroblesvirtuallawlibrary
(a) That the facts
do not constitute an offense;
(b) That the court
the case has no jurisdiction over the offense charged;
(c) That the court
the case has no jurisdiction over the person of the accused;
(d) That the officer
filed the information had no authority to do so;
(e) That it does not
substantially to the prescribed form;
(f) That more than
is charged except when a single punishment for various offenses is
(g) That the criminal
or liability has been extinguished;
(h) That it contains
which, if true, would constitute a legal excuse or justification; and
(i) That the accused
been previously convicted or acquitted of the offense charged, or the
against him was dismissed or otherwise terminated without his express
of complaint or information. – If the motion to quash is based on
alleged defect of the complaint or information which can be cured by
the court shall order that an amendment be made.chanrobles virtualawlibrary
is based on the ground that the facts charged do not constitute an
the prosecution shall be given by the court an opportunity to correct
defect by amendment. The motion shall be granted if the prosecution
to make the amendment, or the complaint or information still suffers
the same defect despite the amendment.
5. Effect of sustaining the motion to quash. – If the motion
quash is sustained, the court may order that another complaint or
be filed except as provided in section 6 of this rule. If the order is
made, the accused, if in custody, shall not be discharged unless
to bail. If no order is made or if having been made, no new information
is filed within the time specified in the order or within such further
time as the court may allow for good cause, the accused, if in custody,
shall be discharged unless he is also in custody of another charge.
6. Order sustaining the motion to quash not a bar to another
exception. – An order sustaining the motion to quash is not a bar
another prosecution for the same offense unless the motion was based on
the grounds specified in section 3 (g) and (i) of this Rule.
7. Former conviction or acquittal; double jeopardy. – When an
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
charged, or for any attempt to commit the same or frustration thereof,
or for any offense which necessarily includes or is necessarily
in the offense charged in the former complaint or information.
the conviction of the accused shall not be a bar to another prosecution
for an offense which necessarily includes the offense charged in the
complaint or information under any of the following instances:chanroblesvirtuallawlibrary
(a) the graver
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 a plea was
entered in the former complaint or information; or
(c) the plea of
the lesser offense was made without the consent of the prosecutor and
the offended party except as provided in section 1(f) of Rule 116.
the foregoing cases, where the accused satisfies or serves in whole or
in part the judgment, he shall be credited with the same in the event
conviction for the graver offense.chanrobles virtualawlibrary
Sec. 8. Provisional dismissal. –
A case shall not be provisionally
except with the express consent of the accused and with notice to the
dismissal of offenses punishable by imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall become permanent one (1)
year after issuance of the order without the case having been revived.
With respect to offenses punishable by imprisonment of more than six
years, their provisional dismissal shall become permanent two (2) years
after issuance of the order without the case having been revived.
Sec. 9. Failure to
to quash or to allege any ground therefore. – The failure of the
to assert any ground of a motion to quash before he pleads to the
or information, either because he did not file a motion to quash or
to allege the same in said motion, shall be deemed a waiver of any
except those based on the grounds provided for in paragraphs (a), (b),
(g), and (i) of section 3 of this Rule.
1. Pre-trial; mandatory in criminal cases. – In all criminal
cognizable by the Sandiganbayan, Regional Trial Court,
Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and
Municipal Circuit Trial Court, the court shall, after arraignment and
thirty (30) days from the date the court acquires jurisdiction over the
person of the accused, unless a shorter period is provided for in
laws or circulars of the Supreme Court, order a pre-trial conference to
consider the following:chanroblesvirtuallawlibrary
(a) plea bargaining;
(b) stipulation of
(c) marking for
of evidence of the parties;
(d) waiver of
to admissibility of evidence;
(e) modification of
of trial if the accused admits the charge but interposes a lawful
(f) such matters as
promote a fair and expeditious trial of the criminal and civil aspects
of the case.
agreement. – All agreements or admissions made or entered during
pre-trial conference shall be reduced in writing and signed by the
and counsel, otherwise, they cannot be used against the accused. The
covering the matters referred to in section 1 of this Rule shall be
by the court.chanrobles virtualawlibrary
Sec. 3. Non-appearance at pre-trial
conference. – If the counsel for
accused or the prosecutor does not appear at the pre-trial conference
does not offer an acceptable excuse for his lack of cooperation, the
may impose proper sanctions or penalties.
Sec. 4. Pre-trial order. – After
the pre-trial conference, the court
issue an order reciting the actions taken, the facts stipulated, and
marked. Such order shall bind the parties, limit the trial to matters
disposed of, and control the course f the action during the trial,
modified by the court to prevent manifest injustice.
1. Time to prepare for trial. – After a plea of not guilty is
the accused shall have at least fifteen (15) days to prepare for trial.
The trial shall commence within thirty (30) days from receipt of the
chan robles virtual law library
2. Continuous trial until terminated; postponements. – Trial
commenced shall continue from day to day as far as practicable until
It may be postponed for a reasonable period of time for good cause.
shall, after consultation with the prosecutor and defense counsel, set
the case for continuous trail on a weekly or other short-term trial
at the earliest possible time so as to ensure speedy trial. In no case
shall the entire trial period exceed one hundred eighty (180) days from
the first day of trial, except as otherwise authorized by the Supreme
limitations provided under this section and the preceding section shall
not apply where special laws or circulars of the Supreme Court provide
for a shorter period of trial.
3. Exclusions. - The following periods of delay shall be
in computing the time within which trial must commence:chanroblesvirtuallawlibrary
period of delay resulting from other proceedings concerning the
including but not limited to the following:chanroblesvirtuallawlibrary
(1) Delay resulting
an examination of the physical and mental condition of the accused;
(2) Delay resulting
proceedings with respect to other criminal charges against the accused;
(3) Delay resulting
extraordinary remedies against interlocutory orders;
(4) Delay resulting
pre-trial proceedings; provided, that the delay does not exceed thirty
(5) Delay resulting
orders of inhibition, or proceedings relating to change of venue of
or transfer from other courts;
(6) Delay resulting
a finding of existence of a prejudicial question; and
(7) Delay reasonably
to any period, not to exceed thirty (30) days, during which any
concerning the accused is actually under advisement.
of delay resulting from the absence or unavailability of an essential
of this subparagraph, an essential witness shall be considered absent
his whereabouts are unknown or his whereabouts cannot be determined by
due diligence. He shall be considered unavailable whenever his
are known but his presence for trial cannot be obtained by due
period of delay resulting from the mental incompetence or physical
of the accused to stand trial.
the information is dismissed upon motion of the prosecution and
a charge is filed against the accused for the same offense, any period
of delay from the date the charge was dismissed to the date the time
would commence to run as to the subsequent charge had there been no
reasonable period of delay when the accused is joined for trial with a
co-accused over whom the court has not acquired jurisdiction, or, as to
whom the time for trial has not run and no motion for separate trial
period of delay resulting from a continuance granted by any court motu
proprio, or on motion of either the accused or his counsel, or the
prosecution, if the court granted the continuance on the basis of its
set forth in the order that the ends of justice served by taking such
outweigh the best interest of the public and the accused in a speedy
4. Factors for granting continuance. – The following factors,
others, shall be considered by a court in determining whether to grant
a continuance under section 3(f) of this Rule.
or not the failure to grant a continuance in the proceeding would
make a continuation of such proceeding impossible or result in a
of justice; and
or not the case taken as a whole is so novel, unusual and complex, due
to the number of accused or the nature of the prosecution, or that it
unreasonable to expect adequate preparation within the periods of time
no continuance under section 3(f) of this Rule shall be granted because
of congestion of the court’s calendar or lack of diligent preparation
failure to obtain available witnesses on the part of the prosecutor.
5. Time limit following an order for new trial. – If the
is to be tried again pursuant to an order for a new trial, the trial
commence within thirty (30) days from notice of the order, provided
if the period becomes impractical due to unavailability of witnesses
other factors, the court may extend but not to exceed one hundred
(180) days. For the second twelve-month period, the time limit shall be
one hundred eighty (180) days from notice of said order for new trial.
6. Extended time limit. - Notwithstanding the provisions of
1(g), Rule 116 and the preceding section 1, for the first
period following its effectivity on September 15, 1998, the time limit
with respect to the period from arraignment to trial imposed by said
shall be one hundred eighty (180) days. For the second twelve-month
the time limit shall be one hundred twenty (120) days, and for the
twelve-month period, the time limit shall be eighty (80) days.
7. Public attorney’s duties where accused is imprisoned. – If
public attorney assigned to defend a person charged with a crime knows
that he latter is preventively detained, either because he is charged
a bailable crime but has no means to post bail, or, is charged with a
crime, or, is serving a term of imprisonment in any penal institution,
it shall be his duty to do the following:chanroblesvirtuallawlibrary
(a) Shall promptly
to obtain the presence of the prisoner for trial or cause a notice to
served on the person having custody of the prisoner requiring such
to so advise the prisoner of his right and demand trial.
(b) Upon receipt of
notice, the custodian of the prisoner shall promptly advise the
of the charge and of his right to demand trial. If at anytime
the prisoner informs his custodian that he demands such trial, the
shall cause notice to that effect to be sent promptly to the public
(c) Upon receipt of
notice, the public attorney shall promptly seek to obtain the presence
of the prisoner for trial.
(d) When the
the prisoner receives from the public attorney a properly supported
for the availability of the prisoner for purpose of trial, the prisoner
shall be made available accordingly.
Sec. 8. Sanctions.
– In any case in which private counsel for the accused, the public
or the prosecutor:chanroblesvirtuallawlibrary
(a) Knowingly allows
case to be set for trial without disclosing that a necessary witness
be unavailable for trial;
(b) Files a motion
for delay which he knows is totally frivolous and without merit;
(c) Makes a
the purpose of obtaining continuance which he knows to be false and
is material to the granting of a continuance; or
(d) Willfully fails
to trial without justification consistent with the provisions hereof,
court may punish such counsel, attorney, or prosecutor, as follows:chanroblesvirtuallawlibrary
(1) By imposing
on a counsel
privately retained in connection with the defense o fan accused, a fine
not exceeding twenty thousand pesos (P20,000.00);
(2) By imposing on
counsel de officio, public attorney, or prosecutor a fine not
five thousand pesos (P5,000.00); and
(3) By denying any
counsel or prosecutor the right to practice before the court trying the
case for a period not exceeding thirty (30) days. The punishment
for by this section shall be without prejudice to any appropriate
action or other sanction authorized under these rules.
Sec. 9. Remedy
where accused is not brought to trial within the time limit. – If
accused is not brought to trial within the time limit required by
1(g), Rule 116 and Section 1, as extended by Section 6 of this Rule,
information may be dismissed on motion of the accused on the ground of
denial of his right to speedy trial. The accused shall have the burden
of proving the motion but the prosecution shall have the burden of
forward with the evidence to establish the exclusion of time under
3 of this rule. The dismissal shall be subject to the rules on double
of the accused to move for dismissal prior to trial shall constitute a
waiver of the right to dismiss under this section.
10. Law on speedy trial not a bar to provision on speedy trial in
– No provision of law on speedy trial and no rule implementing
same shall be interpreted as a bar to any charge of denial of the right
to speedy trial guaranteed by Section 14(2), Article III, of the 1987
11. Order of trial. – The trial shall proceed in the following
(a) The prosecution
present evidence to prove the charge and, in the proper case, the civil
(b) The accused may
evidence to prove his defense and damages, if any, arising, from the
of a provisional remedy in the case.
(c) The prosecution
defense may, in that order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits them to present
evidence bearing upon the main issue.
(d) Upon admission of
of the parties, the case shall be deemed submitted for decision unless
the court directs them to argue orally or to submit written memoranda.
(e) When the accused
the act or omission charged in the complaint or information but
a lawful defense, the order of trial may be modified.
12. Application for examination of witness for accused before
When the accused has been held to answer for an offense, he may, upon
with notice to the other parties, have witnesses conditionally examined
in his behalf. The motion shall state: (a) the name and residence of
witness; (b) the substance of his testimony; and (c) that the witness
sick or infirm as to afford reasonable ground for believing that he
not be able to attend the trial, or resides more than one hundred (100)
kilometers from the place of trial and has no means to attend the same,
or that other similar circumstances exist that would make him
or prevent him from attending the trial. The motion shall be supported
by an affidavit of the accused and such other evidence as the court may
chan robles virtual law library
Sec. 13. Examination of defense
witness; how made. – If the court is
that the examination of a witness for the accused is necessary, an
shall be made directing that the witness be examined at a specific
time and place and that a copy of the order be served on the prosecutor
at least three (3) days before the scheduled examination. The
shall be taken before a judge, or, if not practicable, a member of the
Bar in good standing so designated by the judge in the order, or if the
order be made by a court of superior jurisdiction, before an inferior
to be designated therein. The examination shall proceed notwithstanding
the absence of the prosecutor provided he was duly notified of the
A written record of the testimony shall be taken.
Sec. 14. Bail to secure appearance of
material witness. – When the
is satisfied, upon proof of oath, that a material witness will not
when required, it may, upon motion of either party, order the witness
post bail in such sum as may be deemed proper. Upon refusal to post
the court shall commit him to prison until he complies or is legally
after his testimony has been taken.
15. Examination of witness for the prosecution.– When it is
appears that a witness for the prosecution is too sick or infirm to
at the trial as directed by the court, of has to leave the Philippines
with no definite date of returning, he may forthwith be conditionally
before the court where the case is pending. Such examination, in the
of the accused, or in his absence after reasonable notice to attend the
examination has been served on him, shall be conducted in the same
as an examination at the trial. Failure or refusal of the accused to
the examination at the trial. Failure or refusal of the accused to
the examination after notice shall be considered a waiver. The
taken may be admitted in behalf of or against the accused.
Sec. 16. Trial of several accused.
– When two or more accused are
charged with an offense, they shall be tried jointly unless the court,
in its discretion and upon motion of the prosecutor or any accused,
separate trial for one or more accused.
17. Discharge of accused 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
(a) There is
for the testimony of the accused whose discharge is requested;
(b) There is no other
evidence available for the proper prosecution of the offense committed,
except the testimony of said accused;
(c) The testimony of
accused can be substantially corroborated in its material points;
(d) Said accused does
appear to be the most guilty; and
(e) Said accused has
at any time been convicted of any offense involving moral turpitude.
adduced in support of the discharge shall automatically form part of
trial. If the court denies the motion for discharge of the accused as
witness, his sworn statement shall be inadmissible in evidence.chanrobles virtualawlibrary
Sec. 18. Discharge of accused
operates as acquittal. – The order
in the preceding section shall amount to an acquittal of the discharged
accused and shall be a bar to future prosecution for the same offense,
unless the accused fails or refuses to testify against his co-accused
accordance with his sworn statement constituting the basis for his
19. When mistake has been made in charging the proper offense. –
When it becomes manifest at any time before judgment that a mistake has
been made in charging the proper offense and the accused cannot be
of the offense charged or any other offense necessarily included
the accused shall not be discharged if there appears good cause to
him. In such case, the court shall commit the accused to answer for the
proper offense and dismiss the original case upon the filing of the
Sec. 20. Appointment of acting
prosecutor. – When a prosecutor, his
or deputy is disqualified to act due to any of the grounds stated in
1 of Rule 137 or for any other reason, the judge or the prosecutor
communicate with the Secretary of Justice in order that the latter may
appoint an acting prosecutor.
Sec. 21. Exclusion of the public.
– The judge may, motu proprio,
the public from the courtroom if the evidence to be produced during the
trial is offensive to decency or public morals. He may also, on motion
of the accused, exclude the public from the trial except court
and the counsel of the parties.
Sec. 22. Consolidation of trials of
related offenses. – Charges for
founded on the same facts or forming part of a series of offenses of
character may be tried jointly at the discretion of the court.
23. Demurrer to evidence. – After the prosecution rests its
the court may dismiss the action on the ground of insufficiency of
(1) on its own initiative after giving the prosecution the opportunity
to be heard or (2) upon demurrer to evidence filed by the accused with
or without leave of court.
court denies the demurrer to evidence filed with leave of court, the
may adduce evidence in his defense. When the demurrer to evidence is
without leave of court, the accused waives the right to present
and submits the case for judgment on the basis of the evidence for the
for leave of court to file demurrer to evidence shall specifically
its grounds and shall be filed within a non-extendible period of five
days after the prosecution rests its case. The prosecution may oppose
motion within a non-extendible period of five (5) days from its receipt.
of court is granted, the accused shall file the demurrer to evidence
a non-extendible period of ten (10) days from notice. The prosecution
oppose the demurrer to evidence within a similar period from its
denying the motion for leave of court to file demurrer to evidence or
demurrer itself shall not be reviewable by appeal or by certiorari
24. Reopening. – At any time before finality of the judgment of
conviction, the judge may, motu proprio or upon motion, with
in either case, reopen the proceedings to avoid a miscarriage of
The proceedings shall be terminated within thirty (30) days from the
1. Judgment; definition and form. – Judgment is the
by the court that the accused is guilty or not guilty of the offense
and the imposition on him of the proper penalty and civil liability, if
any. It must be written in the official language, personally and
prepared by the judge and signed by him and shall contain clearly and
a statement of the facts and the law upon which it is based.
2. Contents of the judgment. – If the judgment is of
it shall state (1) the legal qualification of the offense constituted
the acts committed by the accused and the aggravating or mitigating
which attended its commission; (2) the participation of the accused in
the offense, whether as principal, accomplice, or accessory after the
(3) the penalty imposed upon the accused; and (4) the civil liability
damages caused by his wrongful act or omission to be recovered from the
accused by the offended party, if there is any, unless the enforcement
of the civil liability by a separate civil action has been reserved or
the judgment is of acquittal, it shall state whether the evidence of
prosecution absolutely failed to prove the guilt of the accused or
failed to prove his guilt beyond reasonable doubt. In either case, the
judgment shall determine if the act or omission from which the civil
might arise did not exist.
3. Judgment for two or more offenses. – When two or more
are charged in a single complaint or information but the accused fails
to object to it before trial, the court may convict him of as many
as are charged and proved, and impose on him the penalty for each
setting out separately the findings of fact and law in each offense.
4. Judgment in case of variance between allegation and proof. –
When there is variance between the offense charged in the complaint or
information and that proved, and the offense as charged is included in
or necessarily includes the offense proved, the accused shall be
of the offense proved which is included in the offense charged, or of
offense charged which is included in the offense proved.
5. When an offense includes or is included in another. – An
charged necessarily includes the offense proved when some of the
elements or ingredients of the former, as 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 part of those constituting the latter.
6. Promulgation of judgment. – The judgment is promulgated by
it in the presence of the accused and any judge of the court in which
was rendered. However, if the conviction is for a light offense, the
may be pronounced in the presence of his counsel or representative.
the judge is absent or outside the province or city, the judgment may
promulgated by the clerk of court.
accused is confined or detained in another province or city, the
may be promulgated by the executive judge of the Regional Trial Court
jurisdiction over the place of confinement or detention upon request of
the court which rendered the judgment. The court promulgating the
shall have authority to accept the notice of appeal and to approve the
bail bond pending appeal; provided, that if the decision of the trial
convicting the accused changed the nature of the offense from
to bailable, the application for bail can only be filed and resolved by
the appellate court.
chan robles virtual law library
clerk of court shall give notice to the accused personally or through
bondsman or warden and counsel, requiring him to be present at the
of the decision. If the accused was tried in absentia because
jumped bail or escaped from prison, the notice to him shall be served
his last known address.
the accused fails to appear at the scheduled date of promulgation of
despite notice, the promulgation shall be made by recording the
in the criminal docket and serving him a copy thereof at his last known
address or thru his counsel.
judgment is for conviction and the failure of the accused to appear was
without justifiable cause, he shall lose the remedies available in
rules against the judgment and the court shall order his arrest. Within
fifteen (15) days from promulgation of judgment, however, the accused
surrender and file a motion for leave of court to avail of these
He shall state the reasons for his absence at the scheduled
and if he proves that his absence was for a justifiable cause, he shall
be allowed to avail of said remedies within fifteen (15) days from
7. Modification of judgment. – A judgment of conviction may,
motion of the accused, be modified or set aside before it becomes final
or before appeal is perfected. Except where the death penalty is
a judgment becomes final after the lapse of the period for perfecting
appeal, or when the sentence has been partially or totally satisfied or
served, or when the accused has waived in writing his right to appeal,
or has applied for probation.
8. Entry of judgment. – After a judgment has become final, it
be entered in accordance with Rule 36.
9. Existing provisions governing suspension of sentence, probation
parole not affected by this Rule. – Nothing in this rule shall
any existing provisions in the laws governing suspension of sentence,
RULE 121 - NEW TRIAL OR
1. New trial or reconsideration. – At any time before a
of conviction becomes final, the court may, on motion of the accused or
at its own instance but with the consent of the accused, grant a new
2. Grounds for a new trial. – The court shall grant a new
on any of the following grounds:chanroblesvirtuallawlibrary
(a) That errors of
or irregularities prejudicial to the substantial rights of the accused
have been committed during the trial;
(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.
for reconsideration. – The court shall grant reconsideration on
ground of errors of law or fact in the judgment, which requires no
Sec. 4. Form of motion and notice to
the prosecutor. – The motion for
trial or reconsideration shall be in writing and shall state the
on which it is based. If based on a newly-discovered evidence, the
must be supported by affidavits of witnesses by whom such evidence is
to be given or by duly authenticated copies of documents which are
to be introduced in evidence. Notice of the motion for new trial or
shall be given to the prosecutor.
5. Hearing on motion. – Where a motion for new trial calls for
of any question of fact, the court may hear evidence thereon by
Sec. 6. Effects of granting a new
trial or reconsideration. – The
of granting a new trial or reconsideration are the following:chanroblesvirtuallawlibrary
(a) When a new
granted on the ground of errors of law or irregularities committed
the trial, all the proceedings and evidence affected thereby shall be
aside and taken anew. The court may, in the interest of justice, allow
the introduction of additional evidence.
(b) When a new trial
on the ground of newly-discovered evidence, the evidence already
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 or vacated and a new judgment rendered accordingly.
RULE 122 - APPEAL
1. Who may appeal. – Any party may appeal from a judgment or
order, unless the accused will be placed in double jeopardy.
2. Where to appeal. – The appeal may be taken as follows:chanroblesvirtuallawlibrary
(a) To the Regional
Court, in cases decided by the Metropolitan Trial Court, Municipal
Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
(b) To the Court of
or to the Supreme Court in the proper cases provided by law, in cases
by the Regional Trial Court; and
(c) To the Supreme
in cases decided by the Court of Appeals.
appeal taken. – (a) The appeal to the Regional Trial Court, or to
Court of Appeals in cases decided by the Regional Trial Court in the
of its original jurisdiction, shall be taken by filing a notice of
with the court which rendered the judgment or final order appealed from
and by serving a copy thereof upon the adverse party.chanrobles virtualawlibrary
appeal to the Court of Appeals in cases decided by the Regional Trial
in the exercise of its appellate jurisdiction shall be by petition for
review under Rule 42.
appeal to the Supreme Court in cases where the penalty imposed by the
Trial Court is reclusion perpetua, or life imprisonment, or
a lesser penalty is imposed but for offenses committed on the same
or which arose out of the same occurrence that gave rise to the more
offense for which the penalty of death, reclusion perpetua, or
imprisonment is imposed, shall be by filing a notice of appeal in
with paragraph (a) of this section.
notice of appeal is necessary in cases where the death penalty is
by the Regional Trial Court. The same shall be automatically reviewed
the Supreme Court as provided in section 10 of this Rule.
as provided in the last paragraph of section 13, Rule 124, all other
to the Supreme Court shall be by petition for review on certiorari
4. Service of notice of appeal. – If personal service of the
of the notice of appeal can not be made upon the adverse party or his
service may be done by registered mail or by substituted service
to sections 7 and 8 of Rule 13.
5. Waiver of notice. – The appellee may waive his right to a
that an appeal has been taken. The appellate court may, in its
entertain an appeal notwithstanding failure to give such notice if the
interests of justice so require.
6. When appeal to be taken. – An appeal must be taken within
(15) days from promulgation of the judgment or from notice of the final
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 has been served upon the
or his counsel at which time the balance of the period begins to run.
7. Transcribing and filing notes of stenographic reporter upon
– When notice of appeals is filed by the accused, the trial court shall
direct the stenographic reporter to transcribe his notes of the
When filed by the People of the Philippines, the trial court shall
the stenographic reporter to transcribe such portion of his notes of
proceedings as the court, upon motion, shall specify in writing. The
reporter shall certify to the correctness of the notes and the
thereof, which shall consist of the original and four copies, and shall
file said original and four copies with the clerk without unnecessary
chan robles virtual law library
penalty is imposed, the stenographic reporter shall, within thirty (30)
days from promulgation of the sentence, file with the clerk the
and four copies of the duly certified transcript of his notes of the
No extension of time for filing of said transcript of stenographic
shall be granted except by the Supreme Court and only upon justifiable
8. Transmission of papers to appellate court upon appeal. –
five (5) days from the filing of the notice of appeal, the clerk of
with whom the notice of appeal was filed must transmit to the clerk of
court of the appellate court the complete record of the case, together
with said notice. The original and three copies of the transcript of
notes, together with the records, shall also be transmitted to the
of the appellate court without undue delay. The other copy of the
shall remain in the lower court.
9. Appeal to the Regional Trial Courts. – (a)
(5) days from perfection of the appeal, the clerk of court shall
the original record to the appropriate Regional Trial Court.
receipt of the complete record of the case, transcripts and exhibits,
clerk of court of the Regional Trial Court shall notify the parties of
fifteen (15) days from receipt of said notice, the parties may submit
or briefs, or may be required by the Regional Trial Court to do so.
the submission of such memoranda or briefs, or upon the expiration of
period to file the same, the Regional Trial Court shall decide the case
on the basis of the entire record of the case and of such memoranda or
briefs as may have been filed.
10. Transmission of records in case of death penalty. – In all
where the death penalty is imposed by the trial court, the records
be forwarded to the Supreme Court for automatic review and judgment
five (5) days after the fifteenth (15) day following the promulgation
the judgment or notice of denial of a motion for new trial or
The transcript shall also be forwarded within ten (10) days after the
thereof by the stenographic reporter.
11. Effect of appeal by any of several accused. – (a) An
taken by one or more of several accused shall not affect those who did
not appeal, except insofar as the judgment of the appellate court is
and applicable to the latter.
appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
perfection of the appeal, the execution of the judgment or final order
appealed from shall be stayed as to the appealing party.
12. Withdrawal of appeal. - Notwithstanding perfection of the
the Regional Trial Court, Metropolitan Trial Court, Municipal Trial
in Cities, Municipal Trial Court, or Municipal Circuit Trial Court, as
the case may be, may allow the appellant to withdraw his appeal before
the record has been forwarded by the clerk of court to the proper
court as provided in section 8, in which case, the judgment shall
final. The Regional Trial Court may also, in its discretion, allow the
appellant from the judgment of a Metropolitan Trial Court, Municipal
Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
to withdraw his appeal, provided a motion to that effect is filed
rendition of the judgment in the case on appeal, in which case the
of the court of origin shall become final and the case shall be
to the latter court for execution of the judgment.
13. Appointment of counsel de officio for accused on appeal. -
shall be the duty of the clerk of court of the trial court, upon filing
of a notice of appeal to ascertain from the appellant, if confined in
whether he desires the Regional Trial Court, Court of Appeals or the
Court to appoint a counsel de officio to defend him and to
with the record on a form to be prepared by the clerk of court of the
court, a certificate of compliance with this duty and of the response
the appellate to his inquiry.
RULE 123 - PROCEDURE IN
THE MUNICIPAL TRIAL COURTS
1. Uniform Procedure. – The procedure to be observed in the
Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts
shall be the same as in the Regional Trial Courts, except where a
provision applies only to either of said courts and in criminal cases
by the Revised Rule on Summary Procedure.
RULE 124 - PROCEDURE IN
THE COURT OF APPEALS
1. Title of the case. – In all criminal cases appealed to the
of Appeals, the party appealing the case shall be called the "appellant"
and the adverse party the "appellee," but the title of the case
shall remain as it was in the court of origin.
2. Appointment of counsel de officio for the accused. – If it
from the record of the case as transmitted that (a) the accused is
in prison, (b) is without counsel de parte on appeal, or (c)
signed the notice of appeal himself, ask the clerk of court of the
of Appeals shall designate a counsel de officio.
who is not confined in prison may, upon request, be assigned a counsel de
officio within ten (10) days from receipt of the notice to
brief and he establishes his right thereto.
3. When brief for appellant to be filed. – Within thirty (30)
from receipt by the appellant or his counsel of the notice from the
of court of the Court of Appeals that the evidence, oral and
is already attached to the record, the appellant shall file seven (7)
of his brief with the clerk of court which shall be accompanied by
of service of two (2) copies thereof upon the appellee.
4. When brief for appellee to be filed; reply brief of the appellant.
– Within thirty (30) days from receipt of the brief of the appellant,
appellee shall file seven (7) copies of the brief of the appellee with
the clerk of court which shall be accompanied by proof of service of
(2) copies thereof upon the appellant.
twenty (20) days from receipt of the brief of the appellee, the
may file a reply brief traversing matters raised in the former but not
covered in the brief of the appellant.
5. Extension of time for filing briefs. – Extension of time for
the filing of briefs will not be allowed except for good and sufficient
cause and only if the motion for extension is filed before the
of the time sought to be extended.
6. Form of briefs. – Briefs shall either be printed, encoded or
typewritten in double space on legal size good quality unglazed paper,
330 mm. in length by 216 mm. in width.
7. Contents of brief. – The briefs in criminal cases shall have
the same contents as provided in sections 13 and 14 of Rule 44. A
true copy of the decision or final order appealed from shall be
to the brief of the appellant.
8. Dismissal of appeal for abandonment or failure to prosecute. –
The Court of Appeals may, upon motion of the appellee or motu
and with notice to the appellant in either case, dismiss the appeal if
the appellant fails to file his brief within the time prescribed by
Rule, except where the appellant is represented by a counsel de
of Appeals may also, upon motion of the appellee or motu proprio,
dismiss the appeal if the appellant escapes from prison or confinement,
jumps bail or flees to a foreign country during the pendency of the
9. Prompt disposition of appeals. – Appeals of accused who are
detention shall be given precedence in their disposition over other
The Court of Appeals 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.
10. Judgment not to be reversed or modified except for substantial
error. – No judgment shall be reversed or modified unless the
after an examination of the record and of the evidence adduced by the
is of the opinion that terror was committed which injuriously affected
the substantial rights of the appellant.
11. Scope of judgment. – The Court of Appeals may reverse,
or modify the judgment and increase or reduce the penalty imposed by
trial court, remand the case to the Regional Trial Court for new trial
or retrial, or dismiss the case.
12. Power to receive evidence. – The Court of Appeals shall
the power to try cases and conduct hearings, receive evidence and
any and all acts necessary to resolve factual issues raised in cases
falling within its original jurisdiction, (b) involving claims for
arising from provisional remedies, or (c) where the court grants a new
trial based only on the ground of newly-discovered evidence.
13. Quorum of the court; certification or appeal of cases to
Court. – Three (3) Justices of the Court of Appeals shall
a quorum for the sessions of a division. The unanimous vote of the
(3) Justices of a division shall be necessary for the pronouncement of
a judgment or final resolution, which shall be reached in consultation
before the writing of the opinion by a member of the division. In the
that the three (3) Justices can not reach a unanimous vote, the
Justice shall direct the raffle committee of the Court to designate two
(2) additional Justices to sit temporarily with them, forming a special
division of five (5) members and the concurrence of a majority of such
division shall be necessary for the pronouncement of a judgment or
resolution. The designation of such additional Justices shall be made
by raffle and rotation among all other Justices of the Court of Appeals.
the Court of Appeals find that the penalty of death, reclusion
perpetua, or life imprisonment should be imposed in a case, the
discussion of the evidence and the law involved, shall render judgment
imposing the penalty of death, reclusion perpetua, or life
as the circumstance warrant. However, it shall refrain from entering
judgment and forthwith certify the case and elevate the entire record
to the Supreme Court for review.
14. Motion for new trial. – At any time after the appeal from
lower court has been perfected and before the judgment of the Court of
Appeals convicting the appellant becomes final, the latter may move for
a new trial on the ground of newly-discovered evidence material to his
defense. The motion shall conform with the provisions of section 4,
15. Where new trial conducted. – When a new trial is granted,
Court of Appeals may conduct the hearing and receive evidence as
in section 12 of this Rule or refer the trial to the court of origin.
16. Reconsideration. – A motion for reconsideration shall be
within fifteen (15) days from notice of the decision or final order of
the Court of Appeals with copies thereof served upon the adverse party,
setting forth the grounds in support thereof. The mittimus shall be
during the pendency of the motion for reconsideration. No party shall
allowed a second motion for reconsideration of a judgment or final
17. Judgment transmitted and filed in trial court. – When the
of judgment of the Court of Appeals is issued, a certified true copy of
the judgment shall be attached to the original record which shall be
to the clerk of the court from which the appeal was taken.
Sec. 18. Application
of certain rules in civil procedure to criminal cases. – The
of Rules 42, 44 to 46 and 48 to 56 relating to procedure in the Court
Appeals and in the Supreme Court in original and appealed civil cases
be applied to criminal cases insofar as they are applicable and not
with the provision of this Rule.
RULE 125 - PROCEDURE IN
THE SUPREME COURT
1. Uniform Procedure. – Unless otherwise provided by the
or by law, the procedure in the Supreme Court in original and in
cases shall be the same as in the Court of Appeals.
2. Review of decisions of the Court of Appeals. – The procedure
for the review by the Supreme Court of decisions in criminal cases
by the Court of Appeals shall be the same as in civil cases.
3. Decision if opinion is equally divided. – When the Supreme
Court en banc is equally divided in opinion or the necessary
cannot be had on whether to acquit the appellant, the case shall again
be deliberated upon and if no decision is reached after
the judgment of conviction of lower court shall be reversed and the
RULE 126 - SEARCH AND
1. Search warrant defined. – A search warrant is an order in
issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal
property described therein and bring it before the court.
2. Court where application for search warrant shall be filed. –
An application for search warrant shall be filed with the following:chanroblesvirtuallawlibrary
(a) Any court within
territorial jurisdiction a crime was committed.
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(b) For compelling
stated in the application, any court within the judicial region where
crime was committed if the place of the commission of the crime is
or any court within the judicial region where the warrant shall be
if the criminal action has already been filed, the application shall
be made in the court where the criminal action is pending.chanrobles virtualawlibrary
Sec. 3. Personal property to be seized.
– A search warrant may be
for the search and seizure of personal property:chanroblesvirtuallawlibrary
(a) Subject of the
(b) Stolen or
other proceeds, or fruits of the offense; or
(c) Used or intended
used as the means of committing an offense.
for issuing search warrant. – A search warrant shall not issue
upon probable cause in connection with one specific offense to be
personally by the judge after examination under oath or affirmation of
the complainant and the witness he may produce, and particularly
the place to be searched and the things to be seized which may be
in the Philippines.chanrobles virtualawlibrary
Sec. 5. Examination of complainant;
record. – The judge must, before
the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses
may produce on facts personally known to them and attach to the record
their sworn statements, together with the affidavits submitted.
Sec. 6. Issuance and form of search
warrant. – If the judge is
of the existence of facts upon which the application is based or that
is probable cause to believe that they exist, he shall issue the
which must be substantially in the form prescribed by these Rules.
Sec. 7. Right to break door or window
to effect search. – The officer,
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 to liberate himself or any person lawfully aiding him when
unlawfully detained therein.
Sec. 8. Search of house, room, or
premises to be made in presence of two
witnesses. – No search of a house, room, or any other premises
shall be made
in the presence of the lawful occupant thereof or any member of his
or in the absence of the latter, two witnesses of sufficient age and
residing in the same locality.
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Sec. 9. Time of making search. –
The warrant must direct that it be
in the day time, unless the affidavit asserts that the property is on
person or in the place ordered to be searched, in which case a
may be inserted that it be served at any time of the day or night.
Sec. 10. Validity of search warrant.
– A search warrant shall be valid
ten (10) days from its date. Thereafter, it shall be void.
Sec. 11. Receipt for the property
seized. – The officer seizing the
under the warrant must give a detailed receipt for the same to the
occupant of the premises in whose presence the search and seizure were
made, or in the absence of such occupant, must, in the presence of at
two witnesses of sufficient age and discretion residing in the same
leave a receipt in the place in which he found the seized property.
Sec. 12. Delivery of property and
inventory thereof to court; return and
(a) The officer must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory thereof duly
(10) days after issuance of the search warrant, the issuing judge shall
ascertain if the return has been made, and if none, shall summon the
to whom the warrant was issued and require him to explain why no return
was made. If the return has been made, the judge shall ascertain
section 11 of this Rule has been complied with and shall require that
property seized be delivered to him. The judge shall see to it that
(a) hereof has been complied with.
return on the search warrant shall be filed and kept by the custodian
the log book on search warrants who shall enter therein the date of the
return, the result, and other actions of the judge.
A violation of this section
shall constitute contempt of court.
Sec. 13. Search incident to lawful
arrest. – A person lawfully arrested
be searched for dangerous weapons or anything which may have been used
or constitute proof in the commission of an offense without a search
Sec. 14. Motion to quash a search
warrant or to suppress evidence; where to
file. – A motion to quash a search warrant and/or to suppress
thereby may be filed in and acted upon only by the court where the
has been instituted. If no criminal action has been instituted, the
may be filed in and resolved by the court that issued search warrant.
if such court failed to resolve the motion and a criminal case is
filed in another court, the motion shall be resolved by the latter
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RULE 127 - PROVISIONAL
IN CRIMINAL CASES
1. Availability of provisional remedies. – The provisional
in civil actions, insofar as they are applicable, may be availed of in
connection with the civil action deemed instituted with the criminal
2. Attachment. – When the civil action is properly instituted
the criminal action as provided in Rule 111, the offended party may
the property of the accused attached as security for the satisfaction
any judgment that may be recovered from the accused in the following
(a) When the
about to abscond from the Philippines;
(b) When the criminal
is based on a claim for money or property embezzled or fraudulently
or converted to the use of the accused who is a public officer, officer
of a corporation, attorney, factor, broker, agent or clerk, in the
of his employment as such, or by any other person in a fiduciary
or for a willful violation of duty;
(c) When the accused
concealed, removed, or disposed of his property, or is about to do so;
(d) When the accused
outside the Philippines.
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