THE REVISED RULES OF CRIMINAL
PROCEDURE
(As amended, December 1, 2000)
RULE 110
Prosecution of Offenses
Section 1. Institution
of criminal actions. — Criminal actions shall be instituted as follows:
(a) For
offenses where a preliminary investigation is required pursuant to section 1 of
Rule 112, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
(b) For all
other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor. In Manila and other chartered cities, the
complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters.
The institution of the criminal
action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws. (1a)
Section 2. The
Complaint or information. — The complaint or information shall 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. (2a)
Section 3. Complaint
defined. — A complaint is a sworn written statement charging a person with
an offense, subscribed by the offended party, any peace officer, or other
public officer charged with the enforcement of the law violated. (3)
Section 4. Information
defined. — An information is an accusation in writing charging a person
with an offense, subscribed by the prosecutor and filed with the court. (4a)
Section 5. Who must
prosecute criminal actions. — All criminal actions commenced by a complaint
or information shall be prosecuted under the direction and control of the
prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or to the case is not available,
the offended party, any peace officer, or public officer charged with the
enforcement of the law violated may prosecute the case. This authority cease
upon actual intervention of the prosecutor or upon elevation of the case to the
Regional Trial Court. (This Section was repealed
by A.M.
No. 02-2-07-SC effective May 1, 2002)
The crimes of adultery and concubinage shall not be
prosecuted except upon a complaint filed by the offended spouse. The offended
party cannot institute criminal prosecution without including the guilty
parties, if both alive, nor, in any case, if the offended party has consented
to the offense or pardoned the offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted except upon a complaint filed by the
offended party or her parents, grandparents or guardian, nor, in any case, if the
offender has been expressly pardoned by any of them. If the offended party dies
or becomes incapacitated before she can file the complaint, and she has no
known parents, grandparents or guardian, the State shall initiate the criminal
action in her behalf.
The offended party, even if a minor, has the right to
initiate the prosecution of the offenses of seduction, abduction and acts of
lasciviousness independently of her parents, grandparents, or guardian, unless
she is incompetent or incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, or guardian may
file the same. The right to file the action granted to parents, grandparents or
guardian shall be exclusive of all other persons and shall be exercised
successively in the order herein provided, except as stated in the preceding
paragraph.
No criminal action for defamation which consists in
the imputation of the offenses mentioned above shall be brought except at the
instance of and upon complaint filed by the offended party. (5a)
The prosecution for violation of special laws shall be
governed by the provisions thereof. (n)
Section 6. Sufficiency of complaint or information. — A
complaint or information is sufficient if it states the name of the accused;
the designation of the offense given by the statute; the acts or omissions
complained of as constituting the offense; the name of the offended party; the
approximate date of the commission of the offense; and the place where the
offense was committed.
When an offense is committed by more than one person,
all of them shall be included in the complaint or information. (6a)
Section 7. Name of the accused. — The complaint or
information must state the name and surname of the accused or any appellation
or nickname by which he has been or is known. If his name cannot be
ascertained, he must be described under a fictitious name with a statement that
his true name is unknown.
If the true name of the accused is thereafter
disclosed by him or appears in some other manner to the court, such true name
shall be inserted in the complaint or information and record. (7a)
Section 8. Designation of the offense. — The complaint or
information shall state the designation of the offense given by the statute,
aver the acts or omissions constituting the offense, and specify its qualifying
and aggravating circumstances. If there is no designation of the offense,
reference shall be made to the section or subsection of the statute punishing
it. (8a)
Section 9. Cause of the accusation. — The acts or
omissions complained of as constituting the offense and the qualifying and
aggravating circumstances must be stated in ordinary and concise language and
not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged
as well as its qualifying and aggravating circumstances and for the court to
pronounce judgment. (9a)
Section 10. Place of commission of the offense. — The
complaint or information is sufficient if it can be understood from its
allegations that the offense was committed or some of the essential ingredients
occurred at some place within the jurisdiction of the court, unless the
particular place where it was committed constitutes an essential element of the
offense or is necessary for its identification. (10a)
Section 11. Date of commission of the offense. — It is not
necessary to state in the complaint or information the precise date the offense
was committed except when it is a material ingredient of the offense. The
offense may be alleged to have been committed on a date as near as possible to
the actual date of its commission. (11a)
Section 12. Name of the offended party. — The complaint or
information must state the name and surname of the person against whom or
against whose property the offense was committed, or any appellation or
nickname by which such person has been or is known. If there is no better way
of identifying him, he must be described under a fictitious name.
(a) In offenses against property, if
the name of the offended party is unknown, the property must be described with
such particularity as to properly identify the offense charged.
(b) If the true name of the of the
person against whom or against whose properly the offense was committed is
thereafter disclosed or ascertained, the court must cause the true name to be
inserted in the complaint or information and the record.
(c) If the offended party 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, without need
of averring that it is a juridical person or that it is organized in accordance
with law. (12a)
Section 13. Duplicity of the offense. — A complaint or
information must charge but one offense, except when the law prescribes a
single punishment for various offenses. (13a)
Section 14. Amendment or substitution. — A complaint or
information may be amended, in form or in substance, without leave of court, at
any time before the accused enters his plea. After the plea and during the
trial, a formal amendment may only be made with leave of court and when it can
be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades
the nature of the offense charged in or excludes any accused from the complaint
or information, can be made only upon motion by the prosecutor, with notice to
the offended party and with leave of court. The court shall state its reasons
in resolving the motion and copies of its order shall be furnished all parties,
especially the offended party. (n)
If it appears at any time before judgment that a
mistake has been made in charging the proper offense, the court shall dismiss
the original complaint or information 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 their appearance at the trial. (14a)
Section 15. Place where action is to be instituted. —
(a) Subject to existing laws, the
criminal action shall be instituted and tried in the court of the municipality
or territory where the offense was committed or where any of its essential
ingredients occurred.
(b) Where an offense is committed in
a train, aircraft, or other public or private vehicle while in the course of
its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed
during such its trip, including the place of its departure and arrival.
(c) Where an offense is committed on
board a vessel in the course of its voyage, the criminal action shall be
instituted and tried in the court of the first port of entry or of any
municipality or territory where the vessel passed during such voyage, subject
to the generally accepted principles of international law.
(d) Crimes committed outside the
Philippines but punishable under Article 2 of the Revised Penal Code shall be
cognizable by the court where the criminal action is first filed. (15a)
Section 16. Intervention of the offended party in criminal
action. — Where the civil action for recovery of civil liability is
instituted in the criminal action pursuant to Rule 111, the offended party may
intervene by counsel in the prosecution of the offense. (16a)
RULE 111
Prosecution of Civil Action
Section 1. Institution
of criminal and civil actions. — (a) When a criminal action is
instituted, the civil action for the recovery of civil liability arising from
the offense charged shall be deemed instituted with the criminal action unless
the offended party waives the civil action, reserves the right to institute it
separately or institutes the civil action prior to the criminal action.
The reservation of the right to
institute separately the civil action shall be made before the prosecution
starts presenting its evidence and under circumstances affording the offended
party a reasonable opportunity to make such reservation.
When the offended party seeks to
enforce civil liability against the accused by way of moral, nominal,
temperate, or exemplary damages without specifying the amount thereof in the
complaint or information, the filing fees thereof shall constitute a first lien
on the judgment awarding such damages.
Where the amount of damages, other
than actual, is specified in the complaint or information, the corresponding
filing fees shall be paid by the offended party upon the filing thereof in
court.
Except as otherwise provided in
these Rules, no filing fees shall be required for actual damages.
No counterclaim, 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 subject thereof may be litigated in a
separate civil action. (1a)
(b) The 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 allowed.
Upon filing of the aforesaid joint
criminal and civil actions, the offended party shall 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 complaint or information also seeks to
recover liquidated, moral, nominal, temperate or exemplary damages, the
offended party shall pay additional filing fees 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 filing fees based on the amount awarded
shall constitute a first lien on the judgment.
Where the civil action has been
filed separately and trial thereof has not yet commenced, it may be
consolidated with the criminal action upon application with the court trying
the latter case. If the application is granted, the trial of both actions shall
proceed in accordance with section 2 of this Rule governing consolidation of the
civil and criminal actions. (cir. 57-97)
Section 2. When
separate civil action is suspended. — After the criminal action has been
commenced, the separate civil action arising therefrom cannot be instituted
until final judgment has been entered in the criminal action.
If the criminal action is filed
after the said civil action has already been instituted, the latter shall be
suspended in whatever stage 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 the merits is rendered in the civil action,
the same may, upon motion of the offended 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 criminal action without prejudice to the right of the
prosecution to cross-examine the witnesses presented by the offended party in
the criminal case and of the parties to present additional evidence. The
consolidated criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal
action, the running of the period of prescription of the civil action which
cannot be instituted separately or whose proceeding has been suspended shall be
tolled. (n)
The extinction of the penal action
does not carry with it extinction of the civil action. 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 the act or omission from which the
civil liability may arise did not exist. (2a)
Section 3. When
civil action may proceeded independently. — In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action and shall require only a preponderance of
evidence. In no case, however, may the offended party recover damages twice for
the same act or omission charged in the criminal action. (3a)
Section 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 independent civil action instituted under
section 3 of this Rule or which thereafter is instituted to enforce liability
arising from other sources of obligation may be continued against the estate or
legal representative of the accused after proper substitution or against said
estate, as the case may be. The heirs of the accused may be substituted for the
deceased without requiring the appointment of an executor or administrator and
the court may appoint a guardian ad litem for the minor heirs.
The court shall forthwith order said
legal representative or representatives to appear and be substituted within a
period of thirty (30) days from notice.
A final judgment entered in favor of
the offended party shall be enforced in the manner especially provided in these
rules for prosecuting claims against the estate of the deceased.
If the accused dies before
arraignment, the case shall be dismissed without prejudice to any civil action
the offended party may file against the estate of the deceased. (n)
Section 5. Judgment
in civil action not a bar. — A final judgment rendered 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 omission subject of the civil action.
(4a)
Section 6. Suspension
by reason of prejudicial question. — A petition for suspension of the
criminal action based upon the pendency of a prejudicial question in a civil
action may be filed in the office of the prosecutor or the court conducting the
preliminary investigation. When the criminal action has been filed in court for
trial, the petition to suspend shall be filed in the same criminal action at
any time before the prosecution rests. (6a)
Section 7. Elements
of prejudicial question. — The elements of a prejudicial question are: (a)
the previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action, and (b) the
resolution of such issue determines whether or not the criminal action may
proceed. (5a)
RULE 112
Preliminary Investigation
Section 1. Preliminary
investigation defined; when required. — Preliminary investigation is
an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.
Except as provided in section 7 of
this Rule, a preliminary investigation is required to be conducted before the
filing of a complaint or information for an offense where the penalty
prescribed by law is at least four (4) years, two (2) months and one (1) day
without regard to the fine. (1a)
Section 2. Officers
authorized to conduct preliminary investigations. —
The following may conduct
preliminary investigations:
(a)
Provincial or City Prosecutors and their assistants;
(b) Judges
of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National
and Regional State Prosecutors; and
(d) Other
officers as may be authorized by law.
Their authority to conduct
preliminary investigations shall include all crimes cognizable by the proper
court in their respective territorial jurisdictions. (2a)
Section 3. Procedure.
— The preliminary investigation shall be conducted in the following manner:
(a) The
complaint shall state the address of the respondent and shall be accompanied by
the affidavits of the complainant and his witnesses, as well as other
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 any prosecutor or
government official authorized to administer oath, or, in their absence or
unavailability, before a notary public, each of who must certify that he
personally examined the affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.
(b) Within
ten (10) days after the filing of the complaint, the investigating officer
shall either dismiss it if he finds no ground to continue with the
investigation, or issue a subpoena to the respondent attaching to it a copy of
the complaint and its supporting affidavits and documents.
The
respondent shall have the right to examine the evidence submitted by the
complainant which he may not have been furnished and to copy them at his
expense. If the evidence is voluminous, the complainant may be required to
specify those which he intends to present against the respondent, and these
shall be made available for examination or copying by the respondent at his
expense.
Objects as
evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party.
(c) Within
ten (10) days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his counter-affidavit and
that of his witnesses and other supporting documents relied upon for his
defense. The counter-affidavits shall be subscribed and sworn to and certified
as provided in paragraph (a) of this section, with copies thereof furnished by
him to the complainant. The respondent shall not be allowed to file a motion to
dismiss in lieu of a counter-affidavit.
(d) If the
respondent cannot be subpoenaed, or if subpoenaed, does not submit
counter-affidavits within the ten (10) day period, the investigating officer
shall resolve the complaint based on the evidence presented by the complainant.
(e) The
investigating officer may set a hearing if there are facts and issues to be
clarified from a party or a witness. The parties can be present at the hearing
but without the right to examine or cross-examine. They may, however, submit to
the investigating officer questions which may be asked to the party or witness
concerned.
The hearing
shall be held within ten (10) days from submission of the counter-affidavits
and other documents or from the expiration of the period for their submission.
It shall be terminated within five (5) days.
(f) Within
ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for
trial. (3a)
Section 4. Resolution
of investigating prosecutor and its review. — If the 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 authorized officer, has personally examined
the complainant and his witnesses; that there is reasonable ground to believe
that a crime has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the evidence
submitted against him; and that he was given an opportunity to submit
controverting evidence. Otherwise, he shall recommend the dismissal of the
complaint.
Within five (5) days from his
resolution, he shall forward the record of the case to the provincial or city
prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in
cases of offenses cognizable by the Sandiganbayan in the exercise of its
original jurisdiction. They shall act on the resolution within ten (10) days
from their receipt thereof and shall immediately inform the parties of such
action.
No complaint or information may be
filed or dismissed by an investigating prosecutor without the prior written
authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.
Where the investigating prosecutor
recommends the dismissal of the complaint but his recommendation is disapproved
by the provincial or city prosecutor 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 information against the respondent, or direct any other
assistant prosecutor or state prosecutor to do so without conducting another
preliminary investigation.
If upon petition by a proper party
under such rules as the Department of Justice may prescribe or motu proprio,
the Secretary of Justice reverses or modifies the resolution of the provincial
or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned
either to file the corresponding information without conducting another
preliminary investigation, or to dismiss or move for dismissal of the complaint
or information with notice to the parties. The same rule shall apply in
preliminary investigations conducted by the officers of the Office of the
Ombudsman. (4a)
Section 5. Resolution
of investigating judge and its review. — Within ten (10) days after the
preliminary investigation, the investigating judge shall transmit the
resolution of the case to the provincial or city prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in
the exercise of its original jurisdiction, for appropriate action. The
resolution shall state the findings of facts and the law supporting his action,
together with the record of the case which shall include: (a) the warrant, if
the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits
and other supporting evidence of the parties; (c) the undertaking or bail of the
accused and the order for his release; (d) the transcripts of the proceedings
during the preliminary investigation; and (e) the order of cancellation of his
bail bond, if the resolution is for the dismissal of the complaint.
Within thirty (30) days from receipt
of the records, the provincial or city prosecutor, or the Ombudsman or his
deputy, as the case may be, shall review the resolution of the investigating
judge on the existence of probable cause. Their ruling 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 shall order the release of an accused
who is detained if no probable cause is found against him. (5a)
Section 6. When
warrant of arrest may issue. — (a) By the Regional Trial Court. —
Within ten (10) days from the filing of the complaint or information, the judge
shall personally evaluate the resolution of the prosecutor and its supporting
evidence. He may immediately dismiss the case if the evidence on record clearly
fails to establish probable cause. If he finds probable 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 judge who conducted the
preliminary investigation or when the complaint or information was filed
pursuant to section 7 of this Rule. In case of doubt on the existence of
probable cause, the judge may order the prosecutor to present additional
evidence within five (5) days from notice and the issue must be resolved by the
court within thirty (30) days from the filing of the complaint of information.
(b) By the Municipal Trial Court.
— When required pursuant to the second paragraph of section 1 of this Rule, the
preliminary investigation of cases falling under the original jurisdiction of
the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court may be conducted by either the judge or
the prosecutor. When conducted by the prosecutor, the procedure for the
issuance of a warrant or arrest by the judge shall be governed by paragraph (a)
of this section. When the investigation is conducted by the judge himself, he
shall follow the procedure provided in section 3 of this Rule. If the findings
and recommendations are affirmed by the provincial or city prosecutor, or by
the Ombudsman or his deputy, and the corresponding information is filed, he
shall issue a warrant of arrest. However, without waiting for the conclusion of
the investigation, the judge may issue a warrant of arrest if he finds after an
examination in writing and under oath of the complainant and his witnesses in
the form of searching question and answers, that a probable cause exists and
that there is a necessity of placing the respondent under immediate custody in
order not to frustrate the ends of justice.
(c) When warrant of arrest not
necessary. — A warrant of arrest shall not issue if the accused is already
under detention pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the complaint or
information was filed pursuant to section 7 of this Rule or is for an offense
penalized by fine only. The court shall then proceed in the exercise of its
original jurisdiction. (6a)
Section 7. When
accused lawfully arrested without warrant. — When a person is lawfully
arrested without a warrant involving an offense which requires 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 office
directly with the proper court on the basis of the affidavit of the offended
party or arresting officer or person.
Before the complaint or information
is filed, the person arrested may ask for a preliminary investigation in
accordance with this Rule, but he must sign a waiver of the provisions of
Article 125 of the Revised Penal Code, as amended, in the presence of his
counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its inception.
After the filing of the complaint or
information in court without a preliminary investigation, the accused may,
within five (5) days from the time he learns of its filing, ask for a
preliminary investigation with the same right to adduce evidence in his defense
as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
Section 8. Records.
— (a) Records supporting the information or complaint. — An information
or complaint filed in court shall be supported by the affidavits and
counter-affidavits of the parties and their witnesses, together with the other
supporting evidence and the resolution on the case.
(b) Record of preliminary
investigation. — The record of the preliminary investigation, whether
conducted by a judge or a fiscal, shall not form part of the record of the
case. However, the court, on its own initiative or on motion of any party, may
order the production of the record or any its part when necessary in the
resolution of the case or any incident therein, or when it is to be introduced
as an evidence in the case by the requesting party. (8a)
Section 9. Cases
not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure. —
(a) If
filed with the prosecutor. — If the complaint is filed directly with the
prosecutor involving an offense punishable by imprisonment of less four (4)
years, two (2) months and one (1) day, the procedure outlined in section 3(a)
of this Rule shall be observed. The prosecutor shall act on the complaint based
on the affidavits and other supporting documents submitted by the complainant
within ten (10) days from its filing.
(b) If
filed with the Municipal Trial Court. — If the complaint or information is
filed directly with the Municipal Trial Court or Municipal Circuit Trial Court
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 filing of the
complaint or information, the judge finds no probable cause after personally
evaluating the evidence, or after personally examining in writing and under
oath the complainant and his witnesses in the form of searching question and
answers, he shall dismiss the same. He may, however, require the submission of
additional evidence, within ten (10) days from notice, to determine further the
existence of probable cause. If the judge still finds no probable cause despite
the additional evidence, he shall, within 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 arrest, or a commitment order if the accused had
already been arrested, and hold him for trial. However, if the judge is
satisfied that there is no necessity for placing the accused under custody, he
may issue summons instead of a warrant of arrest. (9a)
RULE 113
Arrest
Section 1. Definition
of arrest. — Arrest is the taking of a person into custody in order that he
may be bound to answer for the commission of an offense. (1)
Section 2. Arrest;
how made. — An arrest is made by an actual restraint of a person to be
arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force
shall be used in making an arrest. The person arrested shall not be subject to
a greater restraint than is necessary for his detention. (2a)
Section 3. Duty of
arresting officer. — It shall be the duty of the officer executing the
warrant to arrest the accused and to deliver him to the nearest police station
or jail without unnecessary delay. (3a)
Section 4. Execution
of warrant. — The head of the office to whom the warrant of arrest was
delivered for execution shall cause the warrant to be executed within ten (10)
days from its receipt. Within ten (10) days after the expiration 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 failure to execute the warrant, he
shall state the reasons therefor. (4a)
Section 5. Arrest
without warrant; when lawful. — A peace officer or a private person
may, without a warrant, arrest a person:
(a) When, in
his presence, the person to be arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an
offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
(c) When the
person to be arrested is a prisoner who has escaped from a penal establishment
or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one
confinement to another.
In cases falling under paragraph (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 Rule 112. (5a)
Section 6. Time of
making arrest. — An arrest may be made on any day and at any time of the
day or night. (6)
Section 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 arrested of the
cause of the arrest and of the fact that a warrant has been issued for his
arrest, except when he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant in his possession 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. (7a)
Section 8. Method
of arrest by officer without warrant. — When making an arrest without a
warrant, the officer shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either engaged in the
commission of an offense, is pursued immediately after its commission, has
escaped, flees or forcibly resists before the officer has opportunity so to
inform him, or when the giving of such information will imperil the arrest.
(8a)
Section 9. Method
of arrest by private person. — When making an arrest, a private person
shall inform the person to be arrested of the intention to arrest him and cause
of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, 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 information will imperil the arrest.
(9a)
Section 10. Officer
may summon assistance. — An officer making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the
arrest. Every person so summoned by an officer shall assist him in effecting
the arrest when he can render such assistance without detriment to himself.
(10a)
Section 11. Right of
officer to break into building or enclosure. — An officer, in order to make
an arrest either by virtue of a warrant, or without a warrant as provided 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 admittance
thereto, after announcing his authority and purpose. (11a)
Section 12. Right to
break out from building or enclosure. — Whenever an officer has
entered the building or enclosure in accordance with the preceding section, he
may break out therefrom when necessary to liberate himself. (12a)
Section 13. Arrest
after escape or rescue. — If a person lawfully arrested escapes or is
rescued, any person may immediately pursue or retake him without a warrant at
any time and in any place within the Philippines. (13)
Section 14. Right of
attorney or relative to visit person arrested. — Any member of the
Philippine Bar shall, at the request of the person arrested or of another
acting in his behalf, have the right to visit and confer privately 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 the person arrested can
also exercise the same right. (14a)
RULE 114
Bail
Section 1. Bail
defined. — Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to guarantee his appearance
before any court as required under the conditions hereinafter specified. Bail
may be given in the form of corporate surety, property bond, cash deposit, or
recognizance. (1a)
Section 2. Conditions
of the bail; requirements. — All kinds of bail are subject to the
following conditions:
(a) The
undertaking shall be effective upon approval, and unless cancelled, shall
remain in force at all stages of the case until promulgation of the judgment of
the Regional Trial Court, irrespective of whether the case was originally filed
in or appealed to it;
(b) The
accused shall appear before the proper court whenever required by the court of
these Rules;
(c) The
failure of the accused to appear at the trial without justification and despite
due notice shall be deemed a waiver of his right to be present thereat. In such
case, the trial may proceed in absentia; and
(d) The
bondsman shall surrender the accused to the court for execution of the final
judgment.
The original papers shall state the
full name and address of the accused, the amount of the undertaking and the
conditions herein required. Photographs (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. (2a)
Section 3. No
release or transfer except on court order or bail. — No person under
detention by legal process shall be released or transferred except upon order
of the court or when he is admitted to bail. (3a)
Section 4. Bail, a
matter of right; exception. — All persons in custody shall be
admitted to bail as a matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule (a) before or after conviction by
the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in
Cities, or Municipal Circuit Trial Court, and (b) before conviction by the
Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment. (4a)
Section 5. Bail,
when discretionary. — Upon conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary. The application for bail may
be filed and acted upon by the trial court despite the filing of a notice of
appeal, provided it has not transmitted the original record to the appellate
court. However, if the decision of the trial court convicting the accused
changed the nature of the offense from non-bailable to bailable, the
application for bail can only be filed with and resolved by the appellate
court.
Should 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.
If the penalty imposed by the trial
court is imprisonment exceeding six (6) years, the accused shall be denied
bail, or his bail shall be cancelled upon a showing by the prosecution, with
notice to the accused, of the following or other similar circumstances:
(a) That he
is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
(b) That he
has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
(c) That he
committed the offense while under probation, parole, or conditional pardon;
(d) That the
circumstances of his case indicate the probability of flight if released on
bail; or
(e) That
there is undue risk that he may commit another crime during the pendency of the
appeal.
The appellate court may, motu
proprio or on motion of any party, review the resolution of the Regional
Trial Court after notice to the adverse party in either case. (5a)
Section 6. Capital
offense defined. — A capital offense is an offense which, under the law
existing at the time of its commission and of the application for admission to
bail, may be punished with death. (6a)
Section 7. Capital
offense of an offense punishable by reclusion perpetua or life imprisonment,
not bailable. — No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, shall be admitted
to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution. (7a)
Section 8. Burden
of proof in bail application. — At the hearing of an application for bail
filed by a person who is in custody for the commission of an offense punishable
by death, reclusion perpetua, or life imprisonment, the prosecution has
the burden of showing that evidence of guilt is strong. The evidence presented
during the bail hearing shall be considered automatically reproduced at the
trial, but upon motion of either party, the court may recall any witness for
additional examination unless the latter is dead, outside the Philippines, or
otherwise unable to testify. (8a)
Section 9. Amount
of bail; guidelines. — The judge who issued the warrant or granted
the application shall fix a reasonable amount of bail considering primarily,
but not limited to, the following factors:
(a)
Financial ability of the accused to give bail;
(b) Nature
and circumstances of the offense;
(c) Penalty
for the offense charged;
(d)
Character and reputation of the accused;
(e) Age and
health of the accused;
(f) Weight
of the evidence against the accused;
(g)
Probability of the accused appearing at the trial;
(h)
Forfeiture of other bail;
(i) The fact
that accused was a fugitive from justice when arrested; and
(j) Pendency
of other cases where the accused is on bail.
Excessive bail shall not be
required. (9a)
Section 10. Corporate
surety. — Any domestic or foreign corporation, licensed as a surety in
accordance with law and currently authorized to act as such, may provide bail
by a bond subscribed jointly by the accused and an officer of the corporation
duly authorized by its board of directors. (10a)
Section 11. Property
bond, how posted. — A property bond is an undertaking constituted as
lien on the real property given as security for the amount of the bail. 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 with the Register of
Deeds if the land is registered, or if unregistered, in the Registration Book
on the space provided therefor, in the Registry of Deeds for the province or
city where the land lies, and on the corresponding tax declaration in the
office of the provincial, city and municipal assessor concerned.
Within the same period, the accused
shall submit to the court his compliance and his failure to do so shall be
sufficient cause for the cancellation of the property bond and his re-arrest
and detention. (11a)
Section 12. Qualifications
of sureties in property bond. — The qualification of sureties in a property
bond shall be as follows:
(a) Each
must be a resident owner of real estate within the Philippines;
(b) Where
there is only one surety, his real estate must be worth at least the amount of
the undertaking;
(c) If there
are two or more 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 bail demanded.
In all cases, every surety must be
worth the amount specified in his own undertaking over and above all just
debts, obligations and properties exempt from execution. (12a)
Section 13. Justification
of sureties. — Every surety shall justify by affidavit taken before the
judge that he possesses the qualifications prescribed in the preceding section.
He shall describe the property given as security, stating the nature of his
title, its encumbrances, the number and amount of other bails entered into by
him and still undischarged, and his other liabilities. The court may examine
the sureties upon oath concerning their sufficiency in such manner as it may
deem proper. No bail shall be approved unless the surety is qualified. (13a)
Section 14. Deposit
of cash as bail. — The accused or any person acting in his behalf may
deposit in cash with the nearest collector or internal revenue or provincial,
city, or municipal treasurer the amount of bail fixed by the court, or
recommended by the prosecutor who investigated or filed the case. Upon
submission of a proper certificate of deposit and a written undertaking showing
compliance with the requirements of section 2 of this Rule, the accused shall
be discharged from custody. The money deposited shall be considered as bail and
applied to the payment of fine and costs while the excess, if any, shall be
returned to the accused or to whoever made the deposit. (14a)
Section 15. Recognizance.
— Whenever allowed by law or these Rules, the court may release a person in
custody to his own recognizance or that of a responsible person. (15a)
Section 16. Bail,
when not required; reduced bail or recognizance. — No bail shall be
required when the law or these Rules so provide.
When a person has been in custody
for a period equal to or more than the possible maximum imprisonment prescribe
for the offense charged, he shall be released 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 (30) days of preventive imprisonment.
A person in custody for a period
equal to or more than the minimum of the principal penalty prescribed for the
offense charged, without application of the Indeterminate Sentence Law or any
modifying circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court. (16a)
Section 17. Bail,
where filed. — (a) Bail in the amount fixed may be filed with the court
where the case is pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial judge, municipal
trial judge, or municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or municipality
other than where the case is pending, bail may also be filed with any regional
trial court of said place, or if no judge thereof is available, with any
metropolitan trial judge, municipal trial judge, or municipal circuit trial
judge therein.
(b) Where
the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court where
the case is pending, whether on preliminary investigation, trial, or on appeal.
(c) Any
person in custody who is not yet charged in court may apply for bail with any
court in the province, city, or municipality where he is held. (17a)
Section 18. Notice
of application to prosecutor. — In the application for bail under section 8
of this Rule, the court must give reasonable notice of the hearing to the
prosecutor or require him to submit his recommendation. (18a)
Section 19. Release
on bail. — The accused must be discharged upon approval of the bail by the
judge with whom it was filed in accordance with section 17 of this Rule.
Whenever bail is filed with a court
other than where the case is pending, the judge who accepted the bail shall
forward it, together with the order of release and other supporting papers, to
the court where the case is pending, which may, for good reason, require a
different one to be filed. (19a)
Section 20. Increase
or reduction of bail. — After the accused is admitted 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 does not give bail in the increased
amount within a reasonable period. An accused held to answer a criminal charge,
who is released without bail upon filing of the complaint or information, may,
at any subsequent stage of the proceedings and whenever a strong showing of
guilt appears to the court, be required to give bail in the amount fixed, or in
lieu thereof, committed to custody. (20a)
Section 21. Forfeiture
of bond. — When the presence of the accused is required 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 principal and to show cause why no judgment
should be rendered against them for the amount of their bail. Within the said
period, the bondsmen must:
(a) produce
the body of their principal or give the reason for his non-production; and
(b) explain
why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a
judgment shall be rendered against the bondsmen, 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. (21a)
Section 22. Cancellation
of bail. — Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the accused or proof of
his death.
The bail shall be deemed
automatically cancelled upon acquittal of the accused, dismissal of the case,
or execution of the judgment of conviction.
In all instances, the cancellation
shall be without prejudice to any liability on the bond. (22a)
Section 23. Arrest
of accused out on bail. — For the purpose of surrendering the accused, the
bondsmen may arrest him or, upon written authority endorsed on a certified copy
of the undertaking, cause him to be arrested by a police officer or any other
person of suitable age and discretion.
An accused 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.
(23a)
Section 24. No bail
after final judgment; exception. — No bail shall be allowed after
the judgment of conviction has become final. If before such finality, the
accused has applies for probation, he may be allowed temporary liberty under
his bail. When no bail was filed or the accused is incapable of filing one, the
court may allow his release on recognizance to the custody of a responsible
member of the community. In no case shall bail be allowed after the accused has
commenced to serve sentence. (24a)
Section 25. Court
supervision of detainees. — The court shall exercise supervision over all
persons in custody for the purpose of eliminating unnecessary detention. The
executive judges of the Regional Trial Courts shall conduct monthly personal
inspections of provincial, city, and municipal jails and their prisoners within
their respective jurisdictions. They shall ascertain the number of detainees, inquire
on their proper accommodation and health and examine the condition of the jail
facilities. They shall order the segregation of sexes and of minors from
adults, ensure the observance of the right of detainees to confer privately
with counsel, and strive to eliminate conditions inimical to the detainees.
In cities and municipalities to be
specified by the Supreme Court, the municipal trial judges or municipal circuit
trial judges shall conduct monthly personal inspections of the municipal jails
in their respective municipalities and submit a report to the executive judge
of the Regional Trial Court having jurisdiction therein.
A monthly report of such visitation
shall be submitted by the executive judges to the Court Administrator which
shall state the total number of detainees, 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 detention, and other pertinent information. (25a)
Section 26. Bail not
a bar to objections on illegal arrest, lack of or irregular preliminary
investigation. — An application for or admission to bail shall not bar the
accused from challenging the validity of his arrest or the legality of the warrant
issued therefor, or from assailing the regularity or questioning the absence of
a preliminary investigation of the charge against him, provided that he raises
them before entering his plea. The court shall resolve the matter as early as
practicable but not later than the start of the trial of the case. (n)
RULE 115
Rights of Accused
Section 1. Rights
of accused at the trial. — In all criminal prosecutions, the accused shall
be entitled to the following rights:
(a) To be
presumed innocent until the contrary is proved beyond reasonable doubt.
(b) To be
informed of the nature and cause of the accusation against him.
(c) To be
present and defend in person and by counsel at every stage of the proceedings,
from arraignment to promulgation of the judgment. The accused may, however,
waive his presence at the trial pursuant to the stipulations set forth in his
bail, unless his presence is specifically ordered by the court for purposes of
identification. The absence of the accused without justifiable cause at the
trial of which he had notice shall be considered a waiver of his right to be
present thereat. When an accused under custody escapes, he shall be deemed to
have waived his right to be present on all subsequent trial dates until custody
over him is regained. Upon motion, the accused may be allowed to defend himself
in person when it sufficiently appears to the court that he can properly
protect his right without the assistance of counsel.
(d) To
testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination. His silence shall not in any manner
prejudice him.
(e) To be
exempt from being compelled to be a witness against himself.
(f) To
confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence the testimony of a witness who is deceased,
out of or can not with due diligence be found in the Philippines, unavailable
or otherwise unable to testify, given in another case or proceeding, judicial
or administrative, involving the same parties and subject matter, the adverse
party having the opportunity to cross-examine him.
(g) To have
compulsory process issued to secure the attendance of witnesses and production
of other evidence in his behalf.
(h) To have
speedy, impartial and public trial.
(i) To
appeal in all cases allowed and in the manner prescribed by law. (1a)
RULE 116
Arraignment and Plea
Section 1. Arraignment
and plea; how made. —
(a) The
accused must be arraigned before the court where the complaint or information
was filed or assigned 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
information, reading the same in the language or dialect known to him, and
asking him whether he pleads guilty or not guilty. The prosecution may call at
the trial witnesses other than those named in the complaint or information.
(b) The
accused must be present at the arraignment and must personally enter his plea.
Both arraignment and plea shall be made of record, but failure to do so shall
not affect the validity of the proceedings.
(c) When the
accused refuses to plead or makes a conditional plea, a plea of not guilty
shall be entered for him. (1a)
(d) When the
accused pleads guilty but presents exculpatory evidence, his plea shall be
deemed withdrawn and a plea of not guilty shall be entered for him. (n)
(e) When the
accused is under preventive detention, his case shall be raffled and its
records transmitted to the judge to whom the case was raffled within three (3)
days from the filing of the information or complaint. The accused shall be
arraigned within ten (10) days from the date of the raffle. The pre-trial
conference of his case shall be held within ten (10) days after arraignment.
(n)
(f) The
private offended party shall be required to appear at the arraignment for
purposes of plea bargaining, determination of civil liability, and other
matters requiring his presence. In case of failure of the offended party 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 the offense charged with
the conformity of the trial prosecutor alone. (cir. 1-89)
(g) Unless 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 of particulars or other causes justifying
suspension of the arraignment shall be excluded in computing the period. (sec.
2, cir. 38-98)
Section 2. Plea of
guilty to a lesser offense. — At arraignment, the accused, with the consent
of the offended party and the prosecutor, may be allowed by the trial court to
plead guilty to a lesser offense which is necessarily included in the offense
charged. After arraignment but before trial, the accused may still be allowed
to plead guilty to said lesser offense after withdrawing his plea of not
guilty. No amendment of the complaint or information is necessary. (sec. 4,
circ. 38-98)
Section 3. Plea of
guilty to capital offense; reception of evidence. — When the accused
pleads guilty to a capital offense, the court shall conduct a searching inquiry
into the voluntariness and full comprehension of the consequences of his plea
and require the prosecution to prove his guilt and the precise degree of
culpability. The accused may present evidence in his behalf. (3a)
Section 4. Plea of
guilty to non-capital offense; reception of evidence,
discretionary. — When the accused pleads guilty to a non-capital offense,
the court may receive evidence from the parties to determine the penalty to be
imposed. (4)
Section 5. Withdrawal
of improvident plea of guilty. — At any time before the judgment of
conviction becomes final, the court may permit an improvident plea of guilty to
be withdrawn and be substituted by a plea of not guilty. (5)
Section 6. Duty of
court to inform accused of his right to counsel. — Before 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 a counsel of his choice, the court must assign a counsel de
oficio to defend him. (6a)
Section 7. Appointment
of counsel de oficio. — The court, considering the gravity of the offense
and the difficulty of the questions that may arise, shall appoint as counsel de
oficio only such members of the bar in good standing who, by reason of
their experience and ability, can competently defend the accused. But in
localities where such members of the bar are not available, the court may
appoint any person, resident of the province and of good repute for probity and
ability, to defend the accused. (7a)
Section 8. Time for
counsel de oficio to prepare for arraignment. — Whenever a counsel de
oficio is appointed by the court to defend the accused at the arraignment,
he shall be given a reasonable time to consult with the accused as to his plea
before proceeding with the arraignment. (8)
Section 9. Bill of
particulars. — The accused may, before arraignment, move for a bill of
particulars to enable him properly to plead and to prepare for trial. The
motion shall specify the alleged defects of the complaint or information and
the details desired. (10a)
Section 10. Production
or inspection of material evidence in possession of prosecution. — Upon
motion of the accused showing good cause and with notice to the parties, the
court, in order to prevent surprise, suppression, or alteration, may order the
prosecution to produce and permit the inspection and copying or photographing
of any written statement given by the complainant and other witnesses in any
investigation of the offense conducted by the prosecution or other
investigating officers, as well as any designated documents, papers, books,
accounts, letters, photographs, objects or tangible things not otherwise
privileged, which constitute or contain evidence material to any matter involved
in the case and which are in the possession or under the control of the
prosecution, police, or other law investigating agencies. (11a)
Section 11. Suspension
of arraignment. — Upon motion by the proper party, the arraignment shall be
suspended in the following cases:
(a) The
accused appears to be suffering from an unsound mental condition which
effective renders him unable to fully understand the charge against him and to
plead intelligently thereto. In such case, the court shall order his mental
examination and, if necessary, his confinement for such purpose;
(b) There
exists a prejudicial question; and
(c) A
petition for review of the resolution of the prosecutor is pending at either
the Department of Justice, or the Office of the President; provided, that
the period of suspension shall not exceed sixty (60) days counted from the
filing of the petition with the reviewing office. (12a)
RULE 117
Motion to Quash
Section 1. Time to
move to quash. — At any time before entering his plea, the accused may move
to quash the complaint or information. (1)
Section 2. Form and
contents. — The motion to quash shall be in writing, signed by the accused
or his counsel and shall distinctly specify its factual and legal grounds. The
court shall consider no ground other than those stated in the motion, except
lack of jurisdiction over the offense charged. (2a)
Section 3. Grounds.
— The accused may move to quash the complaint or information on any of the
following grounds:
(a) That the
facts charged do not constitute an offense;
(b) That the
court trying the case has no jurisdiction over the offense charged;
(c) That the
court trying the case has no jurisdiction over the person of the accused;
(d) That the
officer who filed the information had no authority to do so;
(e) That it
does not conform substantially to the prescribed form;
(f) That
more than one offense is charged except when a single punishment for various
offenses is prescribed by law;
(g) That the
criminal action or liability has been extinguished;
(h) That it
contains averments which, if true, would constitute a legal excuse or
justification; and
(i) That the
accused has been previously convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise terminated without his express
consent. (3a)
Section 4. Amendment
of the complaint or information. — If the motion to quash is based on an
alleged defect of the complaint or information which can be cured by amendment,
the court shall order that an amendment be made. (4a)
If it is based on the ground that
the facts charged do not constitute an offense, the prosecution shall be given
by the court an opportunity to correct the defect by amendment. The motion
shall be granted if the prosecution fails to make the amendment, or the complaint
or information still suffers from the same defect despite the amendment. (n)
Section 5. Effect
of sustaining the motion to quash. — If the motion to quash is sustained,
the court may order that another complaint or information 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 admitted 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
for another charge. (5a)
Section 6. Order
sustaining the motion to quash not a bar to another prosecution; exception.
— An order sustaining the motion to quash is not a bar to another prosecution
for the same offense unless the motion was based on the grounds specified in
section 3 (g) and (i) of this Rule. (6a)
Section 7. Former
conviction or acquittal; double jeopardy. — When an accused has been
convicted or acquitted, or the case against him dismissed or otherwise
terminated without his express consent by a court of competent jurisdiction,
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 the dismissal of the case
shall be a bar to another prosecution for the offense charged, or for any
attempt to commit the same or frustration thereof, or for any offense which
necessarily includes or is necessarily included in the offense charged in the
former complaint or information.
However, the conviction of the
accused shall not be a bar to another prosecution for an offense which
necessarily includes the offense charged in the former complaint or information
under any of the following instances:
(a) the
graver offense developed due to supervening facts arising from the same act or
omission constituting the former charge;
(b) the
facts constituting 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 guilty to the lesser offense was made without the consent of the prosecutor
and of the offended party except as provided in section 1 (f) of Rule 116.
In any of 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 of conviction for the graver offense. (7a)
Section 8. Provisional
dismissal. — A case shall not be provisionally dismissed except with the
express consent of the accused and with notice to the offended party.
The provisional 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 (6) years, their provisional dismissal shall
become permanent two (2) years after issuance of the order without the case
having been revived. (n)
Section 9. Failure
to move to quash or to allege any ground therefor. — The failure of the
accused to assert any ground of a motion to quash before he pleads to the
complaint or information, either because he did not file a motion to quash or
failed to allege the same in said motion, shall be deemed a waiver of any
objections based on the grounds provided for in paragraphs (a), (b), (g), and
(i) of section 3 of this Rule. (8)
RULE 118
Pre-Trial
Section 1. Pre-trial;
mandatory in criminal cases. — In all criminal cases cognizable by the
Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the
court shall after arraignment and within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused, unless a shorter
period is provided for in special laws or circulars of the Supreme Court, order
a pre-trial conference to consider the following:
(a) plea
bargaining;
(b)
stipulation of facts;
(c) marking
for identification of evidence of the parties;
(d) waiver
of objections to admissibility of evidence;
(e)
modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
(f) such
other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case. (secs. 2 and 3, cir. 38-98)
Section 2. Pre-trial
agreement. — All agreements or admissions made or entered during the
pre-trial conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The agreements
covering the matters referred to in section 1 of this Rule shall be approved by
the court. (sec. 4, cir. 38-98)
Section 3. Non-appearance
at pre-trial conference. — If the counsel for the accused or the prosecutor
does not appear at the pre-trial conference and does not offer an acceptable
excuse for his lack of cooperation, the court may impose proper sanctions or
penalties. (se. 5, cir. 38-98)
Section 4. Pre-trial
order. — After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and evidence marked. Such
order shall bind the parties, limit the trial to matters not disposed of, and
control the course of the action during the trial, unless modified by the court
to prevent manifest injustice. (3)
RULE 119
Trial
Section 1. Time to
prepare for trial. — After a plea of not guilty is entered, 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 pre-trial order. (sec. 6,
cir. 38-98)
Section 2. Continuous
trial until terminated; postponements. — Trial once commenced shall
continue from day to day as far as practicable until terminated. It may be
postponed for a reasonable period of time for good cause. (2a)
The court shall, after consultation
with the prosecutor and defense counsel, set the case for continuous trial on a
weekly or other short-term trial calendar 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 Court. (sec. 8, cir. 38-98).
The time 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. (n)
Section 3. Exclusions.
— The following periods of delay shall be excluded in computing the time within
which trial must commence:
(a) Any period of delay resulting
from other proceedings concerning the accused, including but not limited to the
following:
(1) Delay
resulting from an examination of the physical and mental condition of the
accused;
(2) Delay
resulting from proceedings with respect to other criminal charges against the
accused;
(3) Delay
resulting from extraordinary remedies against interlocutory orders;
(4) Delay
resulting from pre-trial proceedings; provided, that the delay does not exceed
thirty (30) days;
(5) Delay
resulting from orders of inhibition, or proceedings relating to change of venue
of cases or transfer from other courts;
(6) Delay
resulting from a finding of the existence of a prejudicial question; and
(7) Delay
reasonably attributable to any period, not exceed thirty (30) days, during which
any proceeding which any proceeding concerning the accused is actually under
advisement.
(b) Any period of delay resulting
from the absence or unavailability of an essential witness.
For purposes of this subparagraph,
an essential witness shall be considered absent when his whereabouts are
unknown or his whereabouts cannot be determined by due diligence. He shall be
considered unavailable whenever his whereabouts are known but his presence for
trial cannot be obtained by due diligence.
(c) Any period of delay resulting
from the mental incompetence or physical inability of the accused to stand
trial.
(d) If the information is dismissed
upon motion of the prosecution and thereafter 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 limitation would commence to run as to the
subsequent charge had there been no previous charge.
(e) A 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 has been granted.
(f) Any 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 findings set forth in the order that the ends
of justice served by taking such action outweigh the best interest of the
public and the accused in a speedy trial. (sec. 9, cir. 38-98)
Section 4. Factors
for granting continuance. — The following factors, among others, shall be
considered by a court in determining whether to grant a continuance under
section 3(f) of this Rule.
(a) Whether
or not the failure to grant a continuance in the proceeding would likely make a
continuation of such proceeding impossible or result in a miscarriage of
justice; and
(b) Whether
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 is unreasonable
to expect adequate preparation within the periods of time established therein.
In addition, 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 or failure to obtain available
witnesses on the part of the prosecutor. (sec. 10, cir. 38-98)
Section 5. Time
limit following an order for new trial. — If the accused is to be tried
again pursuant to an order for a new trial, the trial shall commence within
thirty (30) days from notice of the order, provided that if the period becomes
impractical due to unavailability of witnesses and other factors, the court may
extend it but not to exceed one hundred eighty (180) days from notice of said
order for a new trial. (sec. 11, cir. 38-98)
Section 6. Extended
time limit. — Notwithstanding the provisions of section 1(g), Rule 116 and
the preceding section 1, for the first twelve-calendar-month period following
its effectivity on September 15, 1998, the time limit with respect to the
period from arraignment to trial imposed by said provision shall be one hundred
eighty (180) days. For the second twelve-month period, the limit shall be one hundred
twenty (120) days, and for the third twelve-month period, the time limit shall
be eighty (80) days. (sec. 7, cir. 38-98)
Section 7. Public
attorney's duties where accused is imprisoned. — If the public
attorney assigned to defend a person charged with a crime knows that the latter
is preventively detained, either because he is charged with a bailable crime
but has no means to post bail, or, is charged with a non-bailable crime, or, is
serving a term of imprisonment in any penal institution, it shall be his duty
to do the following:
(a) Shall
promptly undertake to obtain the presence of the prisoner for trial or cause a
notice to be served on the person having custody of the prisoner requiring such
person to so advise the prisoner of his right to demand trial.
(b) Upon
receipt of that notice, the custodian of the prisoner shall promptly advise the
prisoner of the charge and of his right to demand trial. If at anytime
thereafter the prisoner informs his custodian that he demands such trial, the
latter shall cause notice to that effect to sent promptly to the public
attorney.
(c) Upon
receipt of such notice, the public attorney shall promptly seek to obtain the
presence of the prisoner for trial.
(d) When the
custodian of the prisoner receives from the public attorney a properly
supported request for the availability of the prisoner for purposes of trial,
the prisoner shall be made available accordingly. (sec. 12, cir. 38-98)
Section 8. Sanctions.
— In any case in which private counsel for the accused, the public attorney, or
the prosecutor.
(a)
Knowingly allows the case to be set for trial without disclosing that a
necessary witness would be unavailable for trial;
(b) Files a
motion solely for delay which he knows is totally frivolous and without merit;
(c) Makes a
statement for the purpose of obtaining continuance which he knows to be false
and which is material to the granting of a continuance; or
(d)
Willfully fails to proceed to trial without justification consistent with the
provisions hereof, the court may punish such counsel, attorney, or prosecution,
as follows:
(1) By
imposing on a counsel privately retained in connection with the defense of an
accused, a fine not exceeding twenty thousand pesos (P20,000.00);
(2) By
imposing on any appointed counsel de oficio, public attorney, or
prosecutor a fine not exceeding five thousand pesos (P5,000.00); and
(3) By
denying any defense counsel or prosecutor the right to practice before the
court trying the case for a period not exceeding thirty (30) days. The punishment
provided for by this section shall be without prejudice to any appropriate
criminal action or other sanction authorized under these rules. (sec. 13, cir.
38-98)
Section 9. Remedy
where accused is not brought to trial within the time limit. — If the accused
is not brought to trial within the time limit required by Section 1(g), Rule
116 and Section 1, as extended by Section 6 of this rule, the information may
be dismissed on motion of the accused on the ground of denial of his right of
speedy trial. The accused shall have the burden of proving the motion but the
prosecution shall have the burden of going forward with the evidence to
establish the exclusion of time under section 3 of this rule. The dismissal
shall be subject to the rules on double jeopardy.
Failure of the accused to move for
dismissal prior to trial shall constitute a waiver of the right to dismiss
under this section. (sec. 14, cir. 38-98)
Section 10. Law on
speedy trial not a bar to provision on speedy trial in the Constitution. —
No provision of law on speedy trial and no rule implementing the 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 Constitution. (sec. 15,
cir. 38-98)
Section 11. Order of
trial. — The trial shall proceed in the following order:
(a) The
prosecution shall present evidence to prove the charge and, in the proper case,
the civil liability.
(b) The
accused may present evidence to prove his defense, and damages, if any, arising
from the issuance of a provisional remedy in the case.
(c) The
prosecution and the defense may, in that order, present rebuttal and
sur-rebuttal evidence unless the court, in furtherance of justice, permits them
to present additional evidence bearing upon the main issue.
(d) Upon
admission of the evidence 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 admits the act or omission charged in the complaint or information but
interposes a lawful defense, the order of trial may be modified. (3a)
Section 12. Application
for examination of witness for accused before trial. — When the
accused has been held to answer for an offense, he may, upon motion with notice
to the other parties, have witnesses conditionally examined in his behalf. The
motion shall state: (a) the name and residence of the witness; (b) the
substance of his testimony; and (c) that the witness is sick or infirm as to
afford reasonable ground for believing that he will 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 unavailable 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 require. (4a)
Section 13. Examination
of defense witness; how made. — If the court is satisfied that the
examination of a witness for the accused is necessary, an order will be made
directing that the witness be examined at a specified date, 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 examination 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 court to be designated therein. The
examination shall proceed notwithstanding the absence of the prosecutor
provided he was duly notified of the hearing. A written record of the testimony
shall be taken. (5a)
Section 14. Bail to
secure appearance of material witness. — When the court is satisfied, upon
proof or oath, that a material witness will not testify when required, it may,
upon motion of either party, order the witness to post bail in such sum as may
be deemed proper. Upon refusal to post bail, the court shall commit him to
prison until he complies or is legally discharged after his testimony has been
taken. (6a)
Section 15. Examination
of witness for the prosecution. — When it satisfactorily appears that a
witness for the prosecution is too sick or infirm to appear at the trial as
directed by the order of the court, or has to leave the Philippines with no
definite date of returning, he may forthwith be conditionally examined before
the court where the case is pending. Such examination, in the presence 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 manner as an examination
at the trial. Failure or refusal of the accused to attend the examination after
notice shall be considered a waiver. The statement taken may be admitted in
behalf of or against the accused. (7a)
Section 16. Trial of
several accused. — When two or more accused are jointly charged with any
offense, they shall be tried jointly unless the court, in its discretion and
upon motion of the prosecutor or any accused, orders separate trial for one or
more accused. (8a)
Section 17. Discharge
of accused to be state witness. — When two or more persons are jointly
charged with the commission of any offense, upon motion 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 may be witnesses for the state when,
after requiring the prosecution to present evidence and the sworn statement of
each proposed state witness at a hearing in support of the discharge, the court
is satisfied that:
(a) There is
absolute necessity for the testimony of the accused whose discharge is
requested;
(b) The is
no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said accused;
(c) The
testimony of said accused can be substantially corroborated in its material
points;
(d) Said
accused does not appear to be the most guilty; and
(e) Said
accused has not at any time been convicted of any offense involving moral
turpitude.
Evidence adduced in support of the
discharge shall automatically form part of the trial. If the court denies the
motion for discharge of the accused as state witness, his sworn statement shall
be inadmissible in evidence. (9a)
Section 18. Discharge
of accused operates as acquittal. — The order indicated 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 in accordance with his sworn
statement constituting the basis for the discharge. (10a)
Section 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 convicted of the offense charged
or any other offense necessarily included therein, the accused shall not be
discharged if there appears good cause to detain 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 proper information. (11a)
Section 20. Appointment
of acting prosecutor. — When a prosecutor, his assistant or deputy is
disqualified to act due to any of the grounds stated in section 1 of Rule 137
or for any other reasons, the judge or the prosecutor shall communicate with
the Secretary of Justice in order that the latter may appoint an acting
prosecutor. (12a)
Section 21. Exclusion
of the public. — The judge may, motu proprio, exclude 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 personnel and the counsel of the parties.
(13a)
Section 22. Consolidation
of trials of related offenses. — Charges for offenses founded on the same
facts or forming part of a series of offenses of similar character may be tried
jointly at the discretion of the court. (14a)
Section 23. Demurrer
to evidence. — After the prosecution rests its case, the court may dismiss
the action on the ground of insufficiency of evidence (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.
If the court denies the demurrer to
evidence filed with leave of court, the accused may adduce evidence in his
defense. When the demurrer to evidence is filed without leave of court, the
accused waives the right to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution. (15a)
The motion for leave of court to
file demurrer to evidence shall specifically state its grounds and shall be
filed within a non-extendible period of five (5) days after the prosecution
rests its case. The prosecution may oppose the motion within a non-extendible period
of five (5) days from its receipt.
If leave of court is granted, the
accused shall file the demurrer to evidence within a non-extendible period of
ten (10) days from notice. The prosecution may oppose the demurrer to evidence
within a similar period from its receipt.
The order denying the motion for
leave of court to file demurrer to evidence or the demurrer itself shall not be
reviewable by appeal or by certiorari before judgment. (n)
Section 24. Reopening.
— At any time before finality of the judgment of conviction, the judge may, motu
proprio or upon motion, with hearing in either case, reopen the proceedings
to avoid a miscarrage of justice. The proceedings shall be terminated within
thirty (30) days from the order grating it. (n)
RULE 120
Judgment
Section 1. Judgment
definition and form. — Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and the imposition on
him of the proper penalty and civil liability, if any. It must be written in
the official language, personally and directly prepared by the judge and signed
by him and shall contain clearly and distinctly a statement of the facts and
the law upon which it is based. (1a)
Section 2. Contents
of the judgment. — If the judgment is of conviction, it shall state (1) the
legal qualification of the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances which attended its
commission; (2) the participation of the accused in the offense, whether as
principal, accomplice, or accessory after the fact; (3) the penalty imposed
upon the accused; and (4) the civil liability or 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 waived.
In case the judgment is of
acquittal, it shall state whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely failed to prove his guilt
beyond reasonable doubt. In either case, the judgment shall determine if the
act or omission from which the civil liability might arise did not exist. (2a)
Section 3. Judgment
for two or more offenses. — When two or more offenses 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 offenses as are charged and proved,
and impose on him the penalty for each offense, setting out separately the
findings of fact and law in each offense. (3a)
Section 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 convicted of the offense proved which is included
in the offense charged, or of the offense charged which is included in the
offense proved. (4a)
Section 5. When an
offense includes or is included in another. — An offense charged
necessarily includes the offense proved when some of the essential elements or
ingredients of the former, as alleged in the complaint or information,
constitute the latter. And an offense charged is necessarily included in the
offense proved, when the essential ingredients of the former constitute or form
a part of those constituting the latter. (5a)
Section 6. Promulgation
of judgment. — The judgment is promulgated by reading it in the presence of
the accused and any judge of the court in which it was rendered. However, if
the conviction is for a light offense, the judgment may be pronounced in the
presence of his counsel or representative. When the judge is absent or outside
of the province or city, the judgment may be promulgated by the clerk of court.
If the accused is confined or
detained in another province or city, the judgment may be promulgated by the
executive judge of the Regional Trial Court having jurisdiction over the place
of confinement or detention upon request of the court which rendered the
judgment. The court promulgating the judgment 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 court convicting the accused changed the
nature of the offense from non-bailable to bailable, the application for bail
can only be filed and resolved by the appellate court.
The proper clerk of court shall give
notice to the accused personally or through his bondsman or warden and counsel,
requiring him to be present at the promulgation of the decision. If the accused
tried in absentia because he jumped bail or escaped from prison, the
notice to him shall be served at his last known address.
In case the accused fails to appear
at the scheduled date of promulgation of judgment despite notice, the
promulgation shall be made by recording the judgment in the criminal docket and
serving him a copy thereof at his last known address or thru his counsel.
If the judgment is for conviction
and the failure of the accused to appear was without justifiable cause, he
shall lose the remedies available in these rules against the judgment and the
court shall order his arrest. Within fifteen (15) days from promulgation of
judgment, however, the accused may surrender and file a motion for leave of
court to avail of these remedies. He shall state the reasons for his absence at
the scheduled promulgation 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 notice. (6a)
Section 7. Modification
of judgment. — A judgment of conviction may, upon motion of the accused, be
modified or set aside before it becomes final or before appeal is perfected.
Except where the death penalty is imposed, a judgment becomes final after the
lapse of the period for perfecting an 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. (7a)
Section 8. Entry of
judgment. — After a judgment has become final, it shall be entered in
accordance with Rule 36. (8)
Section 9. Existing
provisions governing suspension of sentence, probation and parole not
affected by this Rule. — Nothing in this Rule shall affect any existing
provisions in the laws governing suspension of sentence, probation or parole.
(9a)
RULE 121
New Trial or Reconsideration
Section 1. New
trial or reconsideration. — At any time before a judgment 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 trial or reconsideration. (1a)
Section 2. Grounds
for a new trial. — The court shall grant a new trial on any of the following
grounds:
(a) The
errors of law or irregularities prejudicial to the substantial rights of the
accused have been committed during the trial;
(b) The new
and material evidence has been discovered which the accused could not with
reasonable diligence have discovered and produced at the trial and which if
introduced and admitted would probably change the judgment. (2a)
Section 3. Ground
for reconsideration. — The court shall grant reconsideration on the ground
of errors of law or fact in the judgment, which requires no further
proceedings. (3a)
Section 4. Form of
motion and notice to the prosecutor. — The motion for a new trial or
reconsideration shall be in writing and shall state the grounds on which it is
based. If based on a newly-discovered evidence, the motion must be supported by
affidavits of witnesses by whom such evidence is expected to be given or by
duly authenticated copies of documents which are proposed to be introduced in
evidence. Notice of the motion for new trial or reconsideration shall be given
to the prosecutor. (4a)
Section 5. Hearing
on motion. — Where a motion for a new trial calls for resolution of any
question of fact, the court may hear evidence thereon by affidavits or
otherwise. (5a)
Section 6. Effects
of granting a new trial or reconsideration. — The effects of granting a new
trial or reconsideration are the following:
(a) When a
new trial is granted on the ground of errors of law or irregularities committed
during the trial, all proceedings and evidence affected thereby shall be set
aside and taken anew. The court may, in the interest of justice, allow the
introduction of additional evidence.
(b) When a
new trial is granted on the ground of newly-discovered evidence, the evidence already
adduced shall stand and the newly-discovered and such other evidence as the
court 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, when the court grants new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered accordingly.
(6a)
RULE 122
Appeal
Section 1. Who may
appeal. — Any party may appeal from a judgment or final order, unless the
accused will be placed in double jeopardy. (2a)
Section 2. Where to
appeal. — The appeal may be taken as follows:
(a) To the
Regional Trial Court, in cases decided by the Metropolitan Trial Court,
Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit
Trial Court;
(b) To the
Court of Appeals or to the Supreme Court in the proper cases provided by law,
in cases decided by the Regional Trial Court; and
(c) To the
Supreme Court, in cases decided by the Court of Appeals. (1a)
Section 3. How appeal
taken. —
(a) The
appeal to the Regional Trial Court, or to the Court of Appeals in cases decided
by the Regional Trial Court in the exercise of its original jurisdiction, shall
be taken by filing a notice of appeal with the court which rendered the judgment
or final order appealed from and by serving a copy thereof upon the adverse
party.
(b) The
appeal to the Court of Appeals in cases decided by the Regional Trial Court in
the exercise of its appellate jurisdiction shall be by petition for review
under Rule 42.
(c) The
appeal to the Supreme Court in cases where the penalty imposed by the Regional
Trial Court is death, reclusion perpetua, or life imprisonment, or where
a lesser penalty is imposed but for offenses committed on the same occasion or
which arose out of the same occurrence that gave rise to the more serious
offense for which the penalty of death, reclusion perpetua, or life
imprisonment is imposed, shall be by filing a notice of appeal in accordance
with paragraph (a) of this section.
(d) No notice
of appeal is necessary in cases where the death penalty is imposed by the
Regional Trial Court. The same shall be automatically reviewed by the Supreme
Court as provided in section 10 of this Rule.
(e) Except
as provided in the last paragraph of section 13, Rule 124, all other appeals to
the Supreme Court shall be by petition for review on certiorari under
Rules 45. (3a)
Section 4. Publication
of notice of appeal. — If personal service of the copy of the notice of
appeal can not be made upon the adverse party or his counsel, service may be
done by registered mail or by substituted service pursuant to sections 7 and 8
of Rule 13. (4a)
Section 5. Waiver
of notice. — The appellee may waive his right to a notice that an appeal
has been taken. The appellate court may, in its discretion, entertain an appeal
notwithstanding failure to give such notice if the interests of justice so
require. (5a)
Section 6. When
appeal to be taken. — An appeal must be taken within fifteen (15) days from
promulgation of the judgment or from notice of the final order appealed from.
This period for perfecting an appeal shall be suspended from the time a motion
for new trial or reconsideration is filed until notice of the order overruling
the motion shall have been served upon the accused or his counsel at which time
the balance of the period begins to run. (6a)
Section 7. Transcribing
and filing notes of stenographic reporter upon appeal. — When
notice of appeal is filed by the accused, the trial court shall direct the
stenographic reporter to transcribe his notes of the proceedings. When filed by
the People of the Philippines, the trial court shall direct the stenographic
reporter to transcribe such portion of his notes of the proceedings as the
court, upon motion, shall specify in writing. The stenographic reporter shall
certify to the correctness of the notes and the transcript thereof, which shall
consist of the original and four copies, and shall file the original and four
copies with the clerk without unnecessary delay.
If death penalty is imposed, the
stenographic reporter shall, within thirty (30) days from promulgation of the
sentence, file with the clerk original and four copies of the duly certified
transcript of his notes of the proceedings. No extension of time for filing of
said transcript of stenographic notes shall be granted except by the Supreme
Court and only upon justifiable grounds. (7a)
Section 8. Transmission
of papers to appellate court upon appeal. — Within five (5) days from the
filing of the notice of appeal, the clerk of the court 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 stenographic notes, together with the records,
shall also be transmitted to the clerk of the appellate court without undue
delay. The other copy of the transcript shall remain in the lower court. (8a)
Section 9. Appeal
to the Regional Trial Courts. —
(a) Within
five (5) days from perfection of the appeal, the clerk of court shall transmit
the original record to the appropriate Regional Trial Court.
(b) Upon
receipt of the complete record of the case, transcripts and exhibits, the clerk
of court of the Regional Trial Court shall notify the parties of such fact.
(c) Within
fifteen (15) days from receipt of the said notice, the parties may submit
memoranda or briefs, or may be required by the Regional Trial Court to do so.
After the submission of such memoranda or briefs, or upon the expiration of the
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. (9a)
Section 10. Transmission
of records in case of death penalty. — In all cases where the death penalty
is imposed by the trial court, the records shall be forwarded to the Supreme
Court for automatic review and judgment within five (5) days after the
fifteenth (15) day following the promulgation of the judgment or notice of
denial of a motion for new trial or reconsideration. The transcript shall also
be forwarded within ten (10) days after the filing thereof by the stenographic
reporter. (10a)
Section 11. Effect
of appeal by any of several accused. —
(a) An
appeal 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 favorable
and applicable to the latter;
(b) The
appeal of the offended party from the civil aspect shall not affect the
criminal aspect of the judgment or order appealed from.
(c) Upon
perfection of the appeal, the execution of the judgment or final order appealed
from shall be stayed as to the appealing party. (11a)
Section 12. Withdrawal
of appeal. — Notwithstanding the perfection of the appeal, the Regional
Trial Court, Metropolitan Trial Court, Municipal Trial Court 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 appellate court as provided in
section 8, in which case the judgment shall become final. The Regional Trial
Court may also, in its discretion, allow the appellant from the judgment of a
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court, or Municipal Circuit Trial Court to withdraw his appeal, provided a
motion to that effect is filed before rendition of the judgment in the case on
appeal, in which case the judgment of the court of origin shall become final
and the case shall be remanded to the latter court for execution of the
judgment. (12a)
Section 13. Appointment
of counsel de oficio for accused on appeal. — It shall be the duty of the
clerk of the trial court, upon filing of a notice of appeal, to ascertain from
the appellant, if confined in prison, whether he desires the Regional Trial
Court, Court of Appeals or the Supreme Court to appoint a counsel de oficio
to defend him and to transmit with the record on a form to be prepared by the
clerk of court of the appellate court, a certificate of compliance with this
duty and of the response of the appellant to his inquiry. (13a)
RULE 123
Procedure in the Municipal Trial
Courts
Section 1. Uniform
Procedure. — The procedure to be observed in the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts shall be the same as
in the Regional Trial Courts, except where a particular provision applies only
to either of said courts and in criminal cases governed by the Revised Rule on
Summary Procedure. (1a)
RULE 124
Procedure in the Court of Appeals
Section 1. Title of
the case. — In all criminal cases appealed to the Court 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. (1a)
Section 2. Appointment
of counsel de oficio for the accused. — If it appears from the record of
the case as transmitted that (a) the accused is confined in prison, (b) is
without counsel de parte on appeal, or (c) has signed the notice of
appeal himself, the clerk of court of the Court of Appeals shall designate a
counsel de oficio.
An appellant who is not confined in
prison may, upon request, be assigned a counsel de oficio within ten
(10) days from receipt of the notice to file brief and he establishes his right
thereto. (2a)
Section 3. When
brief for appellant to be filed. — Within thirty (30) days from receipt by
the appellant or his counsel of the notice from the clerk of court of the Court
of Appeals that the evidence, oral and documentary, is already attached to the
record, the appellant shall file seven (7) copies of his brief with the clerk
of court which shall be accompanied by proof of service of two (2) copies
thereof upon the appellee. (3a)
Section 4. When
brief for appellee to be filed; reply brief of the appellant. —
Within thirty (30) days from the receipt of the brief of the appellant, the
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 two (2) copies
thereof upon the appellant.
Within twenty (20) days from receipt
of the brief of the appellee, the appellant may file a reply brief traversing
matters raised in the former but not covered in the brief of the appellant.
(4a)
Section 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 expiration of the time sought to be extended.
(5a)
Section 6. Form of
briefs. — Briefs shall either be printed, encoded or typewritten in double
space on the legal size good quality unglazed paper, 330 mm. in length by 216
mm. in width. (6a)
Section 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 certified true copy of
the decision or final order appealed from shall be appended to the brief of
appellant. (7a)
Section 8. Dismissal
of appeal for abandonment or failure to prosecute. — The Court of Appeals
may, upon motion of the appellee or motu proprio 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 this Rule, except where the appellant is
represented by a counsel de oficio.
The Court 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 appeal. (8a)
Section 9. Prompt
disposition of appeals. — Appeals of accused who are under detention shall
be given precedence in their disposition over other appeals. The Court of
Appeals shall hear and decide the appeal at the earliest practicable time with
due regard to the rights of the parties. The accused need not be present in
court during the hearing of the appeal. (9a)
Section 10. Judgment
not to be reversed or modified except for substantial error. — No judgment
shall be reversed or modified unless the Court of Appeals, after an examination
of the record and of the evidence adduced by the parties, is of the opinion
that error was committed which injuriously affected the substantial rights of
the appellant. (10a)
Section 11. Scope of
judgment. — The Court of Appeals may reverse, affirm, or modify the
judgment and increase or reduce the penalty imposed by the trial court, remand
the case to the Regional Trial Court for new trial or retrial, or dismiss the
case. (11a)
Section 12. Power to
receive evidence — The Court of Appeals shall have the power to try cases
and conduct hearings, receive evidence and perform any and all acts necessary
to resolve factual issues raised in cases (a) falling within its original
jurisdiction, (b) involving claims for damages arising from provisional
remedies, or (c) where the court grants a new trial based only on the ground of
newly-discovered evidence. (12a)
Section 13. Quorum
of the court; certification or appeal of cases to Supreme Court. —
Three (3) Justices of the Court of Appeals shall constitute a quorum for
the sessions of a division. The unanimous vote of the three (3) Justices of a
division 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 event that the three (3) Justices
can not reach a unanimous vote, the Presiding 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 final resolution. The designation of such additional Justices shall
be made strictly by raffle and rotation among all other Justices of the Court
of Appeals.
Whenever the Court of Appeals finds
that the penalty of death, reclusion perpetua, or life imprisonment
should be imposed in a case, the court, after discussion of the evidence and
the law involved, shall render judgment imposing the penalty of death, reclusion
perpetua, or life imprisonment as the circumstances warrant. However, it
shall refrain from entering the judgment and forthwith certify the case and
elevate the entire record thereof to the Supreme Court for review. (13a)
Section 14. Motion
for new trial. — At any time after the appeal from the 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, Rule 121. (14a)
Section 15. Where
new trial conducted. — When a new trial is granted, the Court of Appeals
may conduct the hearing and receive evidence as provided in section 12 of this
Rule or refer the trial to the court of origin. (15a)
Section 16. Reconsideration.
— A motion for reconsideration shall be filed within fifteen (15) days after
from notice of the decision or final order of the Court of Appeals, with copies
served upon the adverse party, setting forth the grounds in support thereof.
The mittimus shall be stayed during the pendency of the motion for
reconsideration. No party shall be allowed a second motion for reconsideration
of a judgment or final order. (16a)
Section 17. Judgment
transmitted and filed in trial court. — When the entry 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 remanded to the clerk of the
court from which the appeal was taken. (17a)
Section 18. Application
of certain rules in civil to criminal cases. — The provisions of Rules 42,
44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and in the
Supreme Court in original and appealed civil cases shall be applied to criminal
cases insofar as they are applicable and not inconsistent with the provisions
of this Rule. (18a)
RULE 125
Procedure in the Supreme Court
Section 1. Uniform
procedure. — Unless otherwise provided by the Constitution or by law, the
procedure in the Supreme Court in original and in appealed cases shall be the
same as in the Court of Appeals. (1a)
Section 2. Review
of decisions of the Court of Appeals. — The procedure for the review by the
Supreme Court of decisions in criminal cases rendered by the Court of Appeals
shall be the same as in civil cases. (2a)
Section 3. Decision
if opinion is equally divided. — When the Supreme Court en banc is
equally divided in opinion or the necessary majority cannot be had on whether
to acquit the appellant, the case shall again be deliberated upon and if no
decision is reached after re-deliberation, the judgment of conviction of the
lower court shall be reversed and the accused acquitted. (3a)
RULE 126
Search and Seizure
Section 1. Search
warrant defined. — A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him to search for personal property described therein
and bring it before the court. (1)
Section 2. Court
where application for search warrant shall be filed. — An application for
search warrant shall be filed with the following:
a) Any court
within whose territorial jurisdiction a crime was committed.
b) For
compelling reasons stated in the application, any court within the judicial
region where the crime was committed if the place of the commission of the
crime is known, or any court within the judicial region where the warrant shall
be enforced.
However, if the criminal action has
already been filed, the application shall only be made in the court where the
criminal action is pending. (n)
Section 3. Personal
property to be seized. — A search warrant may be issued for the search and
seizure of personal property:
(a) Subject
of the offense;
(b) Stolen
or embezzled and other proceeds, or fruits of the offense; or
(c) Used or
intended to be used as the means of committing an offense. (2a)
Section 4. Requisites
for issuing search warrant. — A search warrant shall not issue except upon
probable cause in connection with one specific offense to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing the
place to be searched and the things to be seized which may be anywhere in the
Philippines. (3a)
Section 5. Examination
of complainant; record. — The judge must, before issuing the
warrant, personally examine in the form of searching questions and answers, in
writing and under oath, the complainant and the witnesses he may produce on
facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted. (4a)
Section 6. Issuance
and form of search warrant. — If the judge is satisfied of the existence of
facts upon which the application is based or that there is probable cause to
believe that they exist, he shall issue the warrant, which must be
substantially in the form prescribed by these Rules. (5a)
Section 7. Right to
break door or window to effect search. — The officer, if refused admittance
to the place of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or window of a house or any
part of a house or anything therein to execute the warrant or liberate himself
or any person lawfully aiding him when unlawfully detained therein. (6)
Section 8. Search
of house, room, or premise to be made in presence of two
witnesses. — No search of a house, room, or any other premise shall be made
except in the presence of the lawful occupant thereof or any member of his
family or in the absence of the latter, two witnesses of sufficient age and
discretion residing in the same locality. (7a)
Section 9. Time of
making search. — The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be
served at any time of the day or night. (8)
Section 10. Validity
of search warrant. — A search warrant shall be valid for ten (10) days from
its date. Thereafter it shall be void. (9a)
Section 11. Receipt
for the property seized. — The officer seizing property under the warrant
must give a detailed receipt for the same to the lawful occupant of the
premises in whose presence the search and seizure were made, or in the absence
of such occupant, must, in the presence of at least two witnesses of sufficient
age and discretion residing in the same locality, leave a receipt in the place
in which he found the seized property. (10a)
Section 12. Delivery
of property and inventory thereof to court; return and proceedings
thereon. — (a) The officer must forthwith deliver the property seized to
the judge who issued the warrant, together with a true inventory thereof duly
verified under oath.
(b) Ten (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 person 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 whether section 11 of this Rule
has been complained with and shall require that the property seized be
delivered to him. The judge shall see to it that subsection (a) hereof has been
complied with.
(c) The
return on the search warrant shall be filed and kept by the custodian of 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.(11a)
Section 13. Search
incident to lawful arrest. — A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in
the commission of an offense without a search warrant. (12a)
Section 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 evidence obtained thereby
may be filed in and acted upon only by the court where the action has been
instituted. If no criminal action has been instituted, the motion may be filed
in and resolved by the court that issued the search warrant. However, if such
court failed to resolve the motion and a criminal case is subsequent filed in
another court, the motion shall be resolved by the latter court. (n)
RULE 127
Provisional Remedies in Criminal Cases
Section 1. Availability of provisional remedies. — The
provisional remedies in civil actions, insofar as they are applicable, may be
availed of in connection with the civil action deemed instituted with the
criminal action. (1a)
Section 2. Attachment. — When the civil action is
properly instituted in the criminal action as provided in Rule 111, the
offended party may have the property of the accused attached as security for
the satisfaction of any judgment that may be recovered from the accused in the
following cases:
(a) When the accused is about to
abscond from the Philippines;
(b) When the criminal action is
based on a claim for money or property embezzled or fraudulently misapplied 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 course of his
employment as such, or by any other person in a fiduciary capacity, or for a
willful violation of duty;
(c) When the accused has concealed,
removed, or disposed of his property, or is about to do so; and
a) When the accused resides outside
the Philippines. (2a)