Criminal Procedure Rule 110 to 115

EGAD – Crim Pro (110 – 115) 110: Prosecution of Offenses Modes of Institution of Criminal Action: 1. For offenses where preliminary Investigation is required, by filling the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation. 2. For all other offenses, by filling the complaint or information directly with the MTC and MCTC 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. Cases which require Preliminary Investigation General Rule: In all cases, preliminary investigation is required to be conducted before the filing of a complaint or information (Sec 1(2) of 112) Exceptions: 1. where the accused was validly arrested (Sec 5 of 113) 2. Where the imposable penalty of the offense charge is at least 4 years, 2 months, & 1 day without regard to fine (Sec 1(2) of 112) 2 Procedures in Institution of Criminal Actions 1. Summary Procedure (1991 Rules on Summary Procedure) The Rules on Summary Procedure apply on cases involving: 1. Violation of traffic rules, rules and regulations; 2. Violations of rental laws 3. Violation of the municipal or city ordinances 4. Offenses where a. The penalty prescribed by law for the offense charged does not exceed 6 months imprisonment OR a fine NOT exceeding Php 1,000.00 OR BOTH, irrespective of the imposable penalties, accessory or of the civil liability arising therefrom; and b. Offenses involving damage to property though criminal negligence where the imposable fine does NOT exceed Php 10,000.00 2. Regular Procedure (Sec 3, Rule 112) The Rules on Regular Procedure apply on cases involving: 1. Offenses committed by public officers and employees in relation to their office, including those employed in government-owned or controlled corporations, whether simple or complexed with other crimes, where the penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding Php 4,000.00 when the offender’s position is below those enumerated above; 2. Offenses where the imposable penalty prescribed by law is imprisonment exceeding 6 years or a fine exceeding Php 1,000.00 but not more than Php 4,000.00 or BOTH regardless of other imposable accessory or other penalties, including the civil liability arising from such offense or predicated thereon, irrespective of kind, nature, value or amount thereof; 3. Offenses involving damage to property through criminal negligence only where the imposable fine exceeds Php 10,000.00 except where the offender is a minor in which the jurisdiction is with the Family Court Prescription of Crimes under Article 92 of RPC 1. Reclusion Perpetua 20 years Reclusion Temporal 2. Afflictive Penalties 15 years 3. Correctional Penalties 10 years 4. Arresto Mayor 5 years 5. Libel 1 year 6. Grave Oral Defamation 6 months 7. Light Offenses 60 days The institution of criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided by Special Law.

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EGAD – Crim Pro (110 – 115) Complaint and Information Distinction & Definition Complaint

Sworn statement charging a person with an offense Signed by the offended party, any peace officer or other employee of the government in charge of the enforcement of execution of the law violated Filed in court or in prosecutor’s office

Information

An accusation in writing Signed by the prosecutor

Filed directly with the court by the prosecutor

Formal Requisites: 1. It must be in writing 2. It must be in the name of the People of the Philippines; and 3. It must be against all persons who appear to responsible therefore. Purpose: To inform the accused of the criminal acts imputed upon him so that he can duly prepare for his defense. Who may file Complaint or Information: Public Officers in charged with the enforcement of the law violated: 1) Chief of Police 2) National Bureau of Investigation 3) Custom Authority 4) DENR Personnel 5) Bureau of Internal Revenue Personnel 6) Bureau of Posts for Theft of Mail Matters 7) Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of the Prosecutor. Persons authorized to PROSECUTE Criminal Actions: a. Public Prosecutors (Sec 5, 110) such as1. Regional Prosecutor and their Assistants 2. City Prosecutor and their Assistants 3. Provincial Prosecutor and their Assistants b. Private Law Practitioners c. PNP Station Commander d. Ombudsman Prosecutors (For Anti-graft cases) e. Presidential Commission on Good Governance for cases for recovery of ill-gotten wealth Effect of filing of an Information and Complaint by the Prosecutor in Court: The prosecutor losses jurisdiction to dispose the case as he deems fit, as the court has acquired jurisdiction over case. Hencem any action for disposition of the case must be with leave of court. Offenses which cannot be Prosecuted de Officio: 1. Adultery 2. Concubinage 3. Seduction 4. Abduction 5. Acts of Lasciviousness 6. Defamation Distinctions

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EGAD – Crim Pro (110 – 115) Control by Prosecution What case to file Whom to prosecute Manner of prosecution Right to withdraw information before arraignment even without notice and hearing

Control by Court Suspension of arraignment To order reinvestigation Prosecution by the prosecutor Dismissal of the case

Limitations on Control of Court 1. Prosecution is entitled to notice of hearing 2. Court must wait for the result of petition for review 3. Prosecution’s stand to maintain prosecution should be respected by the court. 4. Court has authority to review the Secretary of Justice recommendation and reject it if there is grave abuse of discretion The filing of the information or complaint in court does not prevent the Secretary for Justice from exercising his review power. Neither can such complaint or information deter him from ordering the withdrawal of the cases. However, he cannot impose his opinion on the trial court. The determination of the case is within the court’s exclusive jusrisdiction and competence. Requisites for the Sufficiency of the Complaint or Information (Sec 6, 110) 1. The name of the accused (Sec 7, 110) - State: name and surname or nickname by which he has been know - If his identity is still unknown, he can be mentioned under a fictitious name (“john Doe or Richard Doe or Mary Doe”) with a statement that his true name is unknown. Should the true name, identity or nickname be known, such true name be inserted in the complaint or information and record - When an offense is committed by more than 1 person, all of them should be included in the complaint - No criminal action can lie against a corporation as an accused. However, only as officer of a corporation can be held criminally liable done in behalf of the corporation 2. The designation of the offense (Sec 8, 110) 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. - The failure to designate the offense by statute or to mention the specific provision penalizing the act or erroneous specification of the law violated does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged. 3. The acts or omissions complained of as constituting the offense (Sec 9,110) - this statement should be in ordinary and concise language to enable a person of common understanding to know what the offense charged - the terms of the law defining the offense may be used but not necessarily - the facts constituting the offense, including the circumstances which are essential ingredients thereof but not conclusion of law must be alleged to enable the court to pronounce judgment - aggravating circumstances and qualifying circumstances are to be expressly and specifically alleged in the complaint or information, otherwise the same will not be considered by the court even if proved during the trial 4. Place of commission of the offense charged (Sec 10,110) - It is sufficient if it can be understood from its allegations that the offense was committed or some of its essential ingredients occurred at some place within the jurisdiction of the court (since the place of the commission of the crime is generally not essential element of the offense charged) - UNLESS, the place of the commission of the offense constitute an essential element of the offense or its necessary for the offense or is necessary for the identifying the offense charged: o In trespass to dwelling (Art 280, RPC) o In other forms of trespass to dwelling (Art 281, RPC) o In violation of Domicile (Art 128, RPC)

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EGAD – Crim Pro (110 – 115) o In interruption of religious worship (Art 132, RPC) o In offending religious feeling (Art 133, RPC) o In theft of the property of National Library and National Museum (Art 311, RPC) o In robbery in inhabited place (Art 299, RPC) - The SC has the power to order a change of venue or place of trial to avoid a miscarriage of justice and where the prosecution witness can feel free to reveal what they know is justified (Sec 5(4) Art 8 1987 Consti) Page | 5. Date of commission of the offense (Sec 11,110) - The precise time of the commission of the offense need not to be stated unless time is a material ingredient 4 of the offense, such as: o Infanticide (art 255, RPC) o Intentional Abortion (Art 256, RPC) o Unintentional Abortion (Art 257, RPC) o Abortion practiced by woman herself or by her parents (Art 258, RPC) o Physical Injuries (Art 263 – 266, RPC) o Violation of Omnibus Election Code of the Philippines - Time of the commission should be alleged as near as possible to its actual date - “on or about” – does not require the prosecution to prove precise date but may prove any date which is not so remote as to surprise and prejudice the accused 6. Name of the offended party (Sec 12,110) 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 person against whom or against whose property the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the complaint or information and the record. (c) If the offended 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. (d) In the cases of libel, it is essential that the name of the victim must be identifiable or name of the complaint or information Duplicity of the offense (Sec 13,110): General Rule: A complaint or information must charge only 1 offense Exception: The rule on duplicity of offenses does not apply where the law prescribes a single penalty for various offenses such as a complex crims under RPC or Special Complex Crime (Robbery with Homicide or with Rape or Rape with Homicide) Principle of Delito Continuado (Continuing Offense): There is a continuing offense when two or more violations of the same penal provisions are united in one and the same intent or resolution leading to the perpetration of the same criminal purpose or aim: Single Larceny Rule: i. The theft of 6 roosters belonging to 2 different owners committed by the accused from the same place and time ii. The theft of 2 roosters in the same place and same occasion iii. The theft of 13 cows belonging to 2 different owners committed by the accused at the same time and the same place Amendment and Substitution (Sec 14, 110) - Before the accused pleads, amendment is allowed even without leave of court, whether the amendment be in form or in substance

EGAD – Crim Pro (110 – 115) - During trial, generally, no amendment of information during the trial if would prejudice the right of the accused, EXCEPT: o Doctrine of Supervening Event – amendment due to the happening of new event material to the case in issue o Doctrine of Subsequent Discovery – e.g. slight physical injury was charged with healing period of 5 – 9 days but when it healed, scar or physical deformity was apparent, this becomes a Serious Physical Page | Injury o Doctrine of Nolle Prosequi – dismissal entered before he accused is placed on trial and before he is 5 called to plead  This is not equivalent to acquittal and does not bar a subsequent prosecution for the same offense since it partakes the nature of discontinuance in a civil suit and leaves the matter in same condition in which it was before the commencement of prosecution  “Nolle Prosequi” refers to the voluntary withdrawal by the prosecuting attorney of the present proceedings on a criminal charge. Commonly called “nol pros” - 2 kinds of Amendment: o As a matter of right – either substantial or formal (any time before plea) o As a matter of discretion – with leave of court, after accused enters his please and/or during the trial if no prejudice on the right of the accused  Test WON accused is prejudiced:  Where the defense of the accused is altered  Where the defense of the accused is no longer available after amendment Distinction Amendment Substitution May involve either formal or substantial changes Necessarily involves a substantial changes from the original charge Before accused enters his plea, formal or substantial Necessarily requires leave of court as the original amendment may be made without leave of court information has been dismissed Formal amendment does not require preliminary Necessarily requires reinvestigation unless waived by the investigation; accused has to plea accused anew to the new info Amended complaint or information refers to the same New complaint or info relates to a different offense and is offense or to the offense necessarily includes or is not included in the original information necessarily included in the original offense After plea, substantial amendment cannot be made upon Before judgment, substitution may be made , provided the objection of the accused, otherwise, if the original accused would not be placed in jeopardy information is withdrawn, the accused may invoke double jeopardy Original complaint or information is withdrawn with the Original information is dismissed upon filing of a new consent of the court before filing of an amended complaint or information complaint or information Place where ACTIOn is to be INSTITUTED (Sec15,110) (a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred. (b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including 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. *see page 32 of Fundamentals of Crim Pro by Escatron for exceptions

EGAD – Crim Pro (110 – 115) Intervention of the Offended Party In Criminal Action – where the civil action for recovery of civil liability is instituted in the criminal action (Rule 111), the offended party may intervene by counsel in the prosecution of the offense subject always to the direction and control of the public prosecutor 111: Prosecution of Civil Action Institution of Civil Action Page | General Rule: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense 6 charge shall be deemed instituted Exceptions:

   

When the offended party waives his right to file civil action When the offended party reserves his right to institute it separately When the offended party institute the civil action prior to the criminal action When the civil action was filed in court before the presentation on of evidence for the prosecution in the criminal action where the presiding judge hearing criminal case was duly notified

Exception to the exceptions:

 When the law does not allow reservation of independent civil action (e.g. BP22)  When the criminal action does not affect private right (e.g. Forestry Code, Anti-graft and corruption practices)  (WHEN) Institution of separate civil action shall be made before the public prosecutor STARTS presenting evidence and under the circumstances affording the private offended party a reasonable opportunity to make such reservation  Art 100 of RPC: Every person criminally liable for FELONY shall also be civilly liable  (BASIS) Under legal principle that a person who is criminally liable is also civilly liable is the view that from the stand point of its effect, a crime has dual character: o An offense against the State because e of the disturbance of the social order; and o As an offense against the private person injured by the crime unless involves the crime of treason, rebellion, espionage, contempt and other offenses wherein part of the offender either because there are no damages to compensated or there is no private person injured by the crime  Filing fee for civil action (which is instituted together with criminal action) – are not included in the computation of the actual damages claimed by the offended party. These are to be paid only if other items of damages such as moral, nominal, temperate or exemplary damages are alleged in the complaint or information, or if there are not so alleged, shall constitute as first lien on the judgment Rules to be observed in Case a Separate Civil Action is instituted from Criminal Action (Sec 2, 111) 1. After the criminal action has commenced, the separate civil action arising therefrom cannot be instituted UNTIL final judgment has been entered in the criminal action 2. If the criminal action is filed after the said civil action has been instituted, the civil action shall be suspended in whatever stage it may be found before the judgment on the merit. The suspension shall last UNTIL final judgment has been entered in the criminal action 3. During the pendency of the criminal action, the running period of the civil action which cannot be instituted separately shall be tolled. 4. The extinction of the penal action does not carry with it the extinction of the civil action: a. Where the acquittal is based on reasonable doubt b. Where the court expressly declares that the liability of the accused is not criminal but only civil in nature c. Where the civil liability is not derived from or based on the criminal act of which the accused is acquitted 5. (Sec 5, 111) A final judgment in a civil action absolving the defendant from the civil liability is not a bar to a criminal action against the defendant for the same act of omission subject to the criminal actions  Generally, civil action shall be suspended when the criminal action has been filed EXCEPT: o When civil action may proceed independently (Sec 3, 111) *see page 42 of Funda…

EGAD – Crim Pro (110 – 115)  Civil action arising from Art 32 of the New Civil Code – regarding the violation of the constitutional rights  Civil action arising under Art 33 of the NCC – regarding defamation, fraud and physical injusries  Civil action arising under art 34 of the NCC – regarding the liabilities of the Police Offices  Civil action under Art 2176 of the NCC – regarding QUASI-DELICTS (Not a crime; no contract; semi crime)  Criminal actions to recover civil liability arising from delict and civil action based on a quasiPage | delict may proceed simultaneously provided that the offended party is not allowed to recover on both scores and would be entitled in such eventuality only to a bigger award of 7 the 2, assuming the awards made in the 2 cases vary  The civil liability for the same act considered as a quasi-delict only and not as a crime is not extinguished even by the declaration in the criminal case that the act has not happened or has not been committed by the accused. o A prejudicial civil action Prejudicial Question (Sec 6 & 7, 111) o Is a question arising from a civil action that is to intimately connected with the issues in the criminal case that is determinative of the guilt of the accused and the resolution of the civil case is determinative of the innocence of the accused o Elements:  There is a previously instituted civil action which involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and  The resolution of such issue determines whether or not the criminal action may proceed o A petition of suspension of criminal action by reason of prejudicial question may be filed at the prosecutor’s office during preliminary investigation or at the trial court any time before the prosecution rests its case o Purpose of suspension of criminal action: to avoid duplicity of suits and prevent vexatious litigations, conflicting judgments, confusion between litigants and courts - When the civil action is subsequently consolidated with the criminal action before the judgment on merits on a prior file civil action, the evidence already reduced 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. The consolidated actions shall be tried and decided jointly Effect of Death of the Accused: WON its extinguishes his civil liability Before arraignment: The case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased. After arraignment and during pendency of the appeal: 1. The death of the accused extinguishes his criminal liability and civil liability provided that the civil liability is directly arising from and based solely on the offense committed, that is civil liability ex delicto in the strict sense; 2. The claim for civil liability survives the death of the accused if it is predicted upon the source of obligation other than a delict, such as one based on law contract quasi-contract or quasi-delict as provided in Article 1157 of NCC; 3. An action for the recovery of surviving civil liability may be pursued only by filing a separate civil action against the executor/ administrator of the estate of the accused, depending on the source of the obligation and subject to provisions of Sec 1 Rule 11 of RoC 4. If the civil action had been instituted together with the criminal action prior to the latter’s extinction, the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal offense conformably with Art 1155 of NCC  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 order legal representative/s to appear and be substitutes within a period of 30 days from notice

EGAD – Crim Pro (110 – 115)  A final judgement 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 112: Preliminary Investigation Preliminary Investigation- is an inquiry or proceeding conducted by authorized persons by law in order to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probable guilty thereof, and should be held for trial Page | - Statutory right; can only be invoked only when specifically granted by the statute; a component part of due 8 process in criminal justice - Substantive right - Personal right; can be waived expressly and impliedly; failure of the accused to request for preliminary investigation within a specified period is deemed a waiver of his right to a preliminary investigation - Not part of trial; - dismissal of prosecuting officer or absence of Preliminary Investigation o does not bar filing of another complaint of the same offense and does not constitute double jeopardy o does not affect the jurisdiction of the trial court but merely the regularity of the proceedings o does not impair the validity of the information or otherwise render it defective o not a ground to quash the information o does not nullify the arrest issued against him nor justify the release of the accused from detention o the trial court should suspend the proceedings and order a preliminary investigation. Cases which require Preliminary Investigation (Page 1 of this document) Officers Authorized to conduct Preliminary Investigation (Sec 2, 112) 1. Provincial or City Prosecutors and their assistants 2. National and Regional State Prosecutors 3. Other officers as may be authorized by law 4. Duly authorized legal officers of the COMELEC 5. The Ombudsman in cases cognizable by Sandiganbayan 6. The PCGG for the recovery of ill-gotten wealth of the then Pres Marcos Remedies of the offended party in case the public prosecutor refuses to file information despite existence of probable cause or sufficient ground to hold a respondent or other respondents for trial (since filing is only discretionary with the public prosecutor): 1) He may file a motion for reconsideration 2) He may file an action for mandamus to compel the prosecutor to file such information 3) He may take up the matter to the Secretary of Justice or Regional State Prosecutor, as the case maybe 4) He may file a criminal charges against the prosecutor 5) He may file an administrative case against the prosecutor 6) He may ask for the appointment of a new prosecutor 7) He may file a civil action for damages against the prosecutor Probable Cause – is the existence of such facts and circumstances that would lead a discreet and prudent person to believe that an offense has been committed by the person sought to be arrested Prima facie evidence – is one which is supported by sufficient evidence and will support a finding in absence of evidence to controvert it REFER TO RULES OF COURT RULE 112 for the following: 1. Section 3 – Procedure of Preliminary Investigation 2. Section 4 – Resolution of Investigating Prosecutor and its review 3. Section 5 – Resolution of Investigating Judge and its review

EGAD – Crim Pro (110 – 115) Suspension of Criminal Action General Rule: No suspension of criminal action Except: a) To afford adequate protection of constitutional rights of the accused b) When necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions c) When there is a prejudicial question which is sub judice Page | d) When the acts of the officers are without or in excess of authority 9 e) When the prosecution is under an invalid law, ordinance or regulation f) When double jeopardy is clearly apparent g) When the court has no jurisdiction over the offense h) Where it is a case of persecution rather than prosecution i) Where the charges are manifestly false and motivated by lust for vengeance j) When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied k) Preliminary injuction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioner Action to be taken by Court where a complaint or information is filed (See Sec 6 and 7) Within 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 the record clearly fails to establish probable cause. If he finds probable cause he shall issue warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted preliminary investigation or when the complaint or information was filed. In case of doubt on the existence of the probable cause, the judge may order the prosecutor to present additional evidence within 5 days from notice and the issue must be resolved within 30 days from the filing of the complaint or information. Action to be taken by the court before the complaint or information is filed (Sec 7) When an accused was lawfully arrested without warrant of arrest involving an offense which requires a preliminary investigation, the court may act on the application for bail by the accused.

EGAD – Crim Pro (110 – 115) 113: Arrest Arrest (Sec 1)  The taking of a person into custody in order that he may be bound to answer for the commission of an offense  Restraint on person’s liberty  “taken into custody of law” – when he is deprived of his freedom of action in any significant way Purpose: To prevent the accused from escaping while the case is pending for trial How Made? 2 MODES: (Sec 2) 1) By actual restraint of the person to be arrested; or 2) By submission of the person to be arrested to the custody of the arresting officer No violence or unnecessary force shall be used in making arrest. Resorting to dangerous means in effecting arrest is not allowed. Only necessary restraint is permitted. When? An arrest may be made any day or time of the day or night (No particular time) Issuance of a Warrant A warrant of arrest can only be issued upon filing of a written complaint or information and after the court finds probable cause to determine personally by the judge after examination under oath or affirmation of the complainant and witnesses, in case of Municipal Trial Courts, and case of Regional Trial Court, the judge may rely on the certification of the prosecutor found in the information. Ground for Quashal of Warrant of Arrest Upon motion of the accused for having been issued without probable cause Execution of a Warrant (Sec 4) The head of the office to whom the warrant of arrest was delivered for the execution shall cause the warrant to be executed within 10 days from its receipt. Within 10 days after the expiration of the period, the officer to was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute it, he shall state the reason thereof Validity of the Warrant Warrant of arrest remains valid and effective until it is executed or returned, quashed, lifted, set aside or recalled. The 10-day period stated in Section 4 is not the lifetime or period of enforceability of the warrant of arrest, unlike a search warrant, warrant of arrest does not become functus officio by mere lapse of said period. Persons authorized to make an arrest: 1) Private citizen under exceptional circumstances 2) Police officers 3) Authorized officers of the National Bureau of Investigation 4) Sheriff or deputy may arrest a person cited of contempt of court 5) Provincial or City Probation Officer 6) Commission of Land Transportation or his deputy 7) Bondsman 8) Commissioner of Customs 9) Commissioner of Bureau of Immigration and Deportation Duties of arresting officer:  (executing the warrant of arrest) to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay  To inform him of his constitutional rights (Miranda Rights):

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EGAD – Crim Pro (110 – 115) o Right to remain silent o Right to have competent and independent counsel preferably his own choice, and o Right to be informed of those rights (Custodial Rights)  If effected by a law enforcer and without a warrant (section 8) o To inform the person to be arrested of his authority o Cause of his arrest Except:  The person actually committing or attempting to commit an offense, pursued immediately has escaped or forcibly resists before the officer has the opportunity to inform said person,  When the giving of such information would prejudice the suspect of his Miranda Rights or imperil the arrest o Deliver to the nearest person  If effected by private individual who is allowed to arrest without warrant (sec 9) o Inform the person to be arrested the intention to arrest him o Cause of the arrest Except  The person has either committed, is actually committing, or attempting to commit, an offense and is pursued immediately after its commission or has escaped of forcibly resist before his opportunity to inform  When the giving of such information would prejudice the suspect of his Miranda Rights or such information would imperil arrest o Deliver to the nearest police station o Execute an affidavit of arrest and testify in administrative bodies in court  If effected by a law enforcer with warrant of arrest (Sec 7) o Inform the accused of the cause of arrest o Fact that warrant has been issued Except:  Subject person (a) flee, (b) forcibly resist or escaped before the officer has the opportunity to inform him  When the giving of such information would prejudice the suspect of his Miranda Rights or imperil the arrest o Deliver the person to the court who issued the warrant o Make written report of the said warrant of arrest to the court, who will issue a commit order for the safe keeping of the arrested accused in jail Lawful Warrantless Arrest; When? Instances wherein a peace officer or a private person may arrest a person without a warrant of arrest, as follows: A. … 1) When in his presence, the person to be arrested has COMMITTED an offense; or 2) When in his presence, the person to be arrested is actually committing an offense; or 3) When in his presence, the person to be arrested is attempting to commit an offense  An offense is committed in the presence of within the view of an officer when an officer sees the offense, although at a distance or hear disturbances created thereby and proceeds at once to the scene thereof b) When an offense has been in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed  “Personal knowledge” of facts must be based on probable cause which means such facts and circumstances which would lead a reasonable discreet and prudent man to believe that an offense has been committed  Crime must be actually committed (undisputed fact)  The test of reasonable ground applies only to the identity of the perpetrator c) When the person to be arrested is a prisoner-escape (Section 13)

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EGAD – Crim Pro (110 – 115)  A warrantless arrest may be made by police officer based on their personal knowledge culled from the information supplied by the victim herself who pointed to the suspect as the man who raped her at the time of his arrest Reason behind Warrantless Arrest To hold that no criminal can, in any case, be arrested and searched without a warrant, would be to leave people in society to a large extent at the mercy of shrewdest, the most expert and most deparaved of criminal facilitating their escape in many instances Consequences if arrest illegally made: 1) If arrest is illegally made by a public officer, Arbitrary Detention is committed; or arresting officer can be held liable 2) If arrest was done by private individual and: a. The person arrested is delivered to the police or lawful authorities, Unlawful Arrest is committed The person arrested was not delivered to the police or lawful authorities, Illegal Detention is committed Officers may summon assistance (sec 10) An officer making lawful arrest may orally summon as many (Private) persons as he deem necessary to assist him in effecting the arrest. The private person so aiding the officer is considered as an agent of law, so that the force or intimidation against him is punishable as indirect assault. Also, a private person may not be compelled to render assistance to an arresting office in making an arrest when such aid will cause detriment or harm to himself Right of officer to break into and break out building: (Sec 11 and 12) An officer making an arrest with or without a warrant may break into a building by opening a door or window provided: a) The person to be arrested is in the building or enclosure is reasonable believed to be b) The officer is refused admittance c) He has announced his authority and purpose When an officer has entered the building or enclosure in accordance to the ones mentioned above, he may break out therefrom when necessary to liberate himself The home, therefore cannot be guaranteed as a shelter of crime and bad faith, and for that reason, with the formalities hereinafter enumerated, the public authorities may enter the house of any citizen in the following cases: 1) To arrest any person against whom a warrant of arrest has been issued 2) To capture the person of any known criminal either because of his having been caught in flagrante delicto, or because there is a reasonable ground to belive he is guilty, although no warrant for his arrest has been actually issued; 3) To prevent the consummation of a crime, the commission of which being planned or has already commenced; 4) To search for and seize the effects of crime or evidence of the commission of the same and of the identity of the guilty parties 5) To detect and seize all contraband articles which the subject of state monopolies; and 6) For the purpose of attaching property Remedies of Person Arrested Against Public Officer 1) Aggrieved party may file criminal action under Art 269 of RPC 2) Aggrieved party may file civil action under Art 32(4) of NCC 3) File for administrative sanctions under Civil Service Law 4) File for criminal sanction under RA No. 7438 Failure of arresting, detaining or investigating officer to inform any person arrested, detained or under custodial investigation of his Miranda Rights and Custodial Rights shall suffer Php 6000 pesos or a penalty of imprisonment of not less than 8 years but not more than 10 years or both. And for any officer who obstruct, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained… or medical doctor or priest or religious minister from visiting and conferring

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EGAD – Crim Pro (110 – 115) privately chosen by him or any member of his immediate family with him shall suffer the penalty of not less than 4 years nor more than 6 years and a fine of Php4,000. Right to Visitation Any member of the Philippine bar shall, at the request of the person arrested or of another acting in 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 of the night (if urgent cases) subject to reasonable regulations. Custodial Investigation - The questioning initiated by law enforcement officer after a person has been into custody or otherwise deprived of his freedom of action in any significant way. - The stage where the police investigation is no longer a general inquiry into an unsolved crime buy has begun to focus on a particular suspect who has been taken into custody by the police who carry out a process of interrogation that leads itself to illicit incriminating statements. Custodial Rights of the Accused 1) Right against arbitrary detention 2) Right against torture, inhumane treatment 3) Right to remain silent 4) Right against solitary confinement 5) Right to be assisted by counsel at all times or by NGO or International NGO duly accredited by the Office of the President 6) Right to be informed that anything he may say may be used against him 7) Right to privacy of correspondence and communication 8) Right against unreasonable searches and seizure 9) Right to have competent and independent counsel preferably of his own choice and be provided with one if he cannot afford the service of counsel 10) Right to waive assistance of counsel provided: a. In writing b. In the presence of a counsel *The right of the suspect to be informed of his Constitutional rights cannot be waived. What may be waived is the existence of right to remain silent and the assistance of a counsel. Instances wherein a person need not be informed of his custodial rights 1) Statement of witnesses 2) Volunteered statements 3) Confession given to a media practitioner 4) Extra-judicial admission of a person to be presented as state witness 5) Admission in the course of investigation by a citizen or private security officer Duty of the Investigating Officer during Custodial Investigation - To inform the accused of his rights in a manner that the information be adequately transmitted to the accused and understood by them. The degree of explanation required will necessarily vary, depending upon the education, intelligence and other relevant personal circumstance of the person under investigation. Suffice to say that a simpler and more lucid explanation is needed where the subject is unlettered. Duty of the Assisting Counsel at the Custodial Investigation - Must be present from the beginning up to the end of the custodial investigation Confession - It is the declaration of an accused, acknowledging his guilt of the offense charged, or of any offense necessarily included therein, which may be given evidence against him.

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EGAD – Crim Pro (110 – 115) Requisites before Confession be Admissible in Evidence 1) Confession must be express and categorical 2) Given voluntarily 3) Given with assistance of a competent and independent counsel 4) Reduced into writing and in the language known to and understand by the confessant 5) Signed or thumb-marked by the confessant, if he does now know how to read and write Exclusionary Rule Any confession or admission obtained from the accused in violation of Section 12 (Custodial Investigation) or Sec 17 (Right against self-incrimination) of the Constitution shall be inadmissible in evidence against the accused. Illegally seized documents are not admissible in evidence. Except: 1) Confession executed before Jan 17, 1973 or 1973 Constitution took effect 2) Res Gaste statements – statements given in administrative investigation 3) Official forms prepared and accomplished in the normal cause of audit regularly conducted by the Commission on Audit 4) Volunteered statement 5) Statement given by the confessant to the radio practioner 6) Statement given to the TV-Media practioner 7) On the scene interview 8) X-ray examination of the body

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EGAD – Crim Pro (110 – 115) 114: Bail Bail -is the security given for the release of a person in custody of law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified in Section 2, Rule 114. (sec 1)  Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation provided that he raises them before he enters his plea. The court shall resolve the matter as early as practicable not less than the start of the trail of case. (Sec 26) 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. (Sec 3) Purpose: to relieve an accused from imprisonment until his conviction and yet secure his appearance at the trial Constitutional Mandate All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the writ of habeas corpus is suspended. Excessive bail shall not required. *writ of habeas corpus – requires a person under arrest to be brought before a judge; ensures a prisoner can be released from unlawful detention

Person Required to Post Bail 1) Accused (Rule 114) 2) Material Witness (Sec 11, Rule 119 & Sec 14(3), Rule 110) Conditions of Bail (Sec 2) 1) The undertaking shall be effective upon approval, and unless cancelled, shall remain in form at all stages of the case until promulgation of the judgement of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it; 2) The accused shall appear before the proper court whenever required by the court or these Rules a. During arraignment b. During trial for identification purposes c. Promulgation of judgement 3) The failure of the accused to appear in the trial without justification and despite due notice shall be deemed a waiver of his right to be present – Trial in Absentia: (Requisites of Trial in Absentia) a. The accused had been properly arraigned b. The accused or his counsel has been duly notified c. His failure to appear was unjustified 4) The bondsman shall surrender the accused to the court for execution of final judgment The bail guarantees that… 1) Before conviction, the accused will appear during the trial and the bond shall be effective until its promulgation of judgment 2) After conviction, the accused will surrender to the court for the execution of final judgment. Incase accused fails to do so the surety will surrender the accused to the court for the execution of judgement Bail, as a matter of right (Sec 4 and Sec 13, Article 3 of 1987 Consti) “All persons, EXCEPT THOSE CHARGED WITH OFFENSES PUNISHABLE BY DEATH, RECLUSION PERPETUA OR LIFE IMPRISONMENT WHEN THE EVIDENCE OF GUILT IS STRONG, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the writ of habeas corpus is suspended. Excess bail shall now be required.” An accused is entitled to bail as a matter of right in the following cases: 1) Before or after conviction by the MTCs 2) Before conviction by the RTD of offenses not punishable by death…

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EGAD – Crim Pro (110 – 115) Remedy when bail, as a matter of right, is denied 1) Accused may file Petition for Mandamus to compel trial judge to admit the accused to bail 2) Accused may file for petition for Certiorari under Rule 65 3) Accused may file for Petition for Habeas Corpus under Rule 102 Page | Bail, as a matter of discretion 16 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) Period to Post Bail (When)  From the time a person is arrested or deprived of his liberty. [the right to bail presupposes that the accused is under legal custody]  No bail after judgment of conviction has become final and the accused has started to serve his sentence (Sec 24) Venue for Application for Bail A. Where the grant of bail is a matter of right, bail in the amount fixed by may be filled with the court: 1) Where the case is pending; or 2) With any RTC judge, MTC judge in the (same) province, city, or municipality (where the case is pending), in case of absence or unavailability of the judge where the case is pending; or 3) With any RTC of the place where the accused was arrested, if the accused is arrested in a province, city or municipality other than where the case is pending; or 4) If no RTC judge is available at the place where accused was arrested, bail may also be filed with any MTC 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 appeal C. Where a person is in custody but not yet charge in court, bail may be filed with any court in the province, city or municipality where he is held. Instances where bail may be granted A. In cases where the offense charged is Capital Offense (Sec 6 & 7) 1. 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 stage of criminal action.

EGAD – Crim Pro (110 – 115) 2. Burden of proof of Evidence of Guilt is Strong: Prosecution (Sec 8) 3. A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission of bail, may be punished by death 4. The capital offenses in RPC are punished by death now Reclusion perpetua due to abolition of death penalty are as follows: i. Treason Page | ii. Qualified Piracy 17 iii. Parricide iv. Murder v. Infanticide vi. Kidnapping and Serious Illegal Detention vii. Arson viii. Robbery with Homicide ix. Rape B. In cases where the offense charge is a Non- capital Offense the accused may pply for bail: 1. Before conviction by the MTC’s – bail as a matter of right (sec 4) 2. After conviction by the MTC’s – bail as a matter of right 3. Before conviction by the RTC and Sandiganbayan – as a matter of right; if an offense not punishable by death, reclusion perpetua or life imprisonment 4. After conviction by the RTC and Sandiganbayan – as a matter of discretion; if an offense not punishable by death, reclusion perpetua or life imprisonment (Sec 5) C. Application for Bail for a case PENDING on Appeal – as a matter of discretion Instances where Bail is not required 1) When the accused is a youthful offenser 2) When the accused in under probation 3) When a person has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged 4) Person charge of light felonies or violation of City or Municipal Ordinace 5) If the maximum penalty to which the accused may be sentenced is distierro 6) If a person is under custody for a period equal to or more than the maximum of the principal prescribed for the offense charged without application of the inderterminate sentence law Petition for Bail Not Entertained A court cannot entertain an accused motion for bail unless he is in custody of the law or otherwise deprived of his liberty Duties of the Prosecution when Bail is Applied for The prosecution is duty bound to show that the evidence of guilt is strong to justify the court’s denial for bail (for cases under Sec 7) The evidence presented by the prosecution on a petition for bail to prove that the evidence of guilt is strong need not be repeated or retaken during trial because it is automatically. However, either the prosecution or the defense may recall any witness for additional questions except he is (1) dead, (2) outside the Philippines, (3) unable to testify or under Rule 115 Par 1(d) of Rules of Court, (4) incapacitated to testify, and (5) cannot be found in the Philippines Grant of bail in capital offense, without hearing the prosecution evidence, is not called for. It is an irregularity and granting of bail is considered void. Duties of the Court (Judge) In Case of Application of Bail for Capital Offenses punishable by death, reclusion perpetua or life imprisonment

EGAD – Crim Pro (110 – 115) 1) Notify the prosecutor of the hearing of the application for bail or require him to submit his/ her recommendation 2) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purpose of enabling the court to exercise it sound discretion 3) Decide whether the evidence of guild of the accused is strong based on the summary of the evidence of the prosecution 4) If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond. Otherwise, petition should be denied. 5) Issue an order containing a summary of evidence presented by the prosecution and defense, if any. Guidelines for the Amount of Bail Who shall fix? Judge Principal Factor be considered: Probability of the appearance of the accused or his flight to avoid punishment 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 circumstance 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 the trial h) Forfeiture of bail i) The fact that the accused was fugitive from justice when arrested j) Pendency of other cases where the accused is on baol k) Excessive bail is not required 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) 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 (Bail, where filed). When bail is filed with a court other than where the case is pending, the judge who accepted the bail shall forward it, together with the order of release and other supporting papers, to the court where the case is pending, which may, for good reason, require a different one to be filed. (19a) Duties of a Bondsman  He takes charge of and absolutely becomes responsible for the accused’s custody  It is his inevitable obligation, not a right, to keep the accused at all times under his surveillance, in as much as the authority emanating from his character as surety is no more or less than the Government’s authority to hold the said accused under preventive imprisonment  The undertaking of the bondsman covers 3 stages: o During trial o During promulgation of judgment; and o The execution of sentence  After the execution of sentence or judgment, the bondsman is released from his responsibility and entitled to the surety he submitted for bail bond

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EGAD – Crim Pro (110 – 115)  In cases of forfeiture of bail Forfeiture of Bail If the accused fails to appear when he is required by the court and the bondsman, counsel and accused was duly notified of the given date and time, his bail shall be declared forfeited and the bondsmen, within 30 days, must: (a) produce the body of their principal or give the reason for his non-­­production; and Page | (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 19 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) Modes of Cancellation of Bailbond 1) Upon application of the bondsman: a. Upon surrender of the accused b. Upon proof of death of the accused 2) Automatic cancellation of bail – such as: a. Upon aquital of the accused b. Upon dismissal of the case c. Upon execution of the judgement of conviction 3) Forfeiture of Bail (see above) – Confiscation of Bail Four Types of Bail Bond 1) Corporate Surety Bond or Bail Bond 2) Property Bond 3) Cash Bond 4) Recognizance Corporate Surety Bond - Is an obligation given by the accused with one or more sureties on one side and the state on the other condition upon performance by the accused of such acts as he may be legally required to perform by the court 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 Requisites for the Acceptance of Surety Bond: 1) Photocopy of the certification issued by the SC, accompanied by the photocopies of the receipts payment by the surety company of the requisite fee of the SC, is attached to the bond 2) Certificate of the Clerk of Court of the Regional Trial Court where the case is filed and pending showing that the bonding company does not have any pending obligations or liabilities to the government, consisting of writ of execution and/or confiscated bonds in criminal cases and that boonding company was issued certificate of authority by the Insurance Commission and has updated its obligations 3) Certificate of Authority issued by the Insurance Commissioner 4) Photographs of the accused Property Bond A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. How Posted? 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 Registry 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.

EGAD – Crim Pro (110 – 115) 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) Qualifications of sureties in property bond The qualifications 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 the 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) Justification of sureties Every surety shall justify by affidavit taken before the judge that he possesses the qualifications prescribed.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 manners it may deem proper. No bail shall be approved unless the surety is qualified. (13a) Cash Bond - Cash amount of bail fixed by court - 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 he accused or to whoever made the deposit. (14a) Where to deposit? The accused or any person acting in his behalf may deposit in cash with the nearest collector of 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. Requirements: 1) The official receipt or Certificate of deposit of the amount of bail fixed by court; and 2) The written undertaking, executed by the accused containing all the conditions contained in Section 2, Rule 114 of the Revised Rules on Procedure Recognizance - The court may release a person in custody on his own recognizance or that of a responsible person - Defined as an obligation of record entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial; a contract between the sureties and the State for the production of the principal at the required time May be allowed in the following instances: 1) The charge against the accused is for violation of a municipal or city ordinance, alight felony or a criminal offnse prescribed penalty for which is not higher than 6 months imprisonment or a fine of Php2000 or both under Recognizance Law (RA6036). Provided the accused has established, to the satisfaction of the court, the inability to post the required cash or bail bond; 2) When the accused has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced; 3) At the discretion of the court, if the accused has been in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without applying the Indeterminate Sentence Law or any modifying circumstances and 4) At the discretion of the court, and upon the recommendation of the DSWD or other agency/ies, if the accused is a youthful offender (Over 9 but under 18) at the time of the commission of the offense charged, in whch case, the accused may be released on his own recognizance or to the custody of his parents or of a suitable person who shall be punishable for the appearance of the accused.

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EGAD – Crim Pro (110 – 115) 115: Rights of the Accused [at trial] 1.

Right to be presumed innocent - Constitutional presumption - Prosecution must overcome with contrary proof beyond reasonable doubt - Presumption must prevail unless overturned by competent and credible proof

2.

Right to be informed of the nature and cause of accusation against him - Constitutional Right - Accused should be given the necessary date as to why he is being proceeded against - An accused cannot be convicted of a crime higher than he is charged at the complaint or information and tried BUT he may be convicted of a lower offense that charged in the complaint or information under the Rule on Variance between allegation and proof - The complaint or information must be in writing charging a person with an offense (Sec 4 of 110). It cannot charge more than 1 offense except where existing laws prescribe a single punishment for various offenses, otherwise the accused may move to quash the information (Sec 13 of 110). If the information is vague the accused is entitled to move for bill of particulars (Sec 9 of 116), so that he may be fully informed of the charge against hi,. Right to be PRESENT, to DEFEND, and to COUNSEL - Substantive right; may be waived - Exercised at every stage of the proceeding (from arraignment to promulgation of the sentence

3.

Right to be Present - An accused may waive his presence at trial except when his presence is specifically required by the court of by the Rules of Court for the purpose of his identification by the witnesses except when he stipulations and admit his identity during the pretrial that he is the person named as the accused in the case on trial - The presence of the accused becomes an obligation or a duty and therefore indispensable during: arraignment, at the trial for the purpose of identification, and at the promulgation of judgement except for light offenses Trial in Absentia – when the accused failed to appear on trial, the court can proceed with the trial provided that the following requisites are present: 1. The accused was duly notified; 2. The accused had been arraigned; and 3. His failure to appear therein is unjustified - the court has the duty to rule upon the evidence presented in court and need not to wait for the accused to appear or be in custody - after the trial in absentia, the court can render judgement in the case and promulgation may be made by simply recording the judgement in the criminal docket with a copy thereof served upon his counsel, PROVIDED that the notice requiring him to be present at the promulgation is served through his bondsman or warden and counsel - for an accused NOT IN CUSTODY of the law, his non-appearance constitutes waiver to be right to be present only for the trial set on the particular date - for an accused who is IN CUSTODY and later on ESCAPES, waives his right on all subsequent trial dates until his custody is regained. Right to Counsel (Rule 115; Section 12 (1), Art III of 1987 Consti) - An accused has the right to competent counsel of his own choice at the trial from the arraignment to promulgation of judgment - The right to counsel does not cover the police line-up for it is not part of custodial investigation and the suspect is not yet held to answer criminal offense

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EGAD – Crim Pro (110 – 115) - It is the duty of the court to give counsel de officio as counsel of an accused who cannot afford during arraignment. The counsel de officio shall be given an opportunity to study the case to enable him to effectively represent the accused 4.

Right to testify as a witness in his own - An accused person has the right to testify as a witness in his own behalf but subject to cross-examination on Page | matters covered by direct examination 22 - His silence and refusal to testify shall not prejudice him and cannot be construed as an admission of guilt

5.

Right against self-incrimination (Right to exempt from testimonial compulsion) - “No person shall be compelled to be a witness against himself” - The prosecution must prove its case without the help of the accused - Prohibition against oral examination or testimonial self-incrimination - Not on MECHANICAL ACTS (Blood sample, photographing, etc) and where evidence sought is an OBJECT EVIDENCE - Substantial right; may be waived voluntarily, intelligently and claimed Right to confront and cross-examine witnesses against him at the trial - Substantial Right (Cross-examine) - Purposes: o The chief purpose of confrontation is to secure the opportunity for cross-examination o Second, to allow to observe the deportment and appearance of the witness while testifying - Affidavits, med certs, sworn statements are inadmissible in evidence unless the person who prepared the documents is presented as witness to be confronted and cross-examined - Testimonies without cross-examination are considered hearsays and inadmissible in evidence. - In trial in absentia of the accused, it means the accused has waived his right to meet the witnesses face to face.

6.

7.

Right to have compulsory process to secure attendance of witnesses and production of evidence in his behalf - Courts have the inherent power to compel the attendance of persons to testify in a case pending therein through SUBPOENA - If a witness failed to appear in court despite duly served subpoena, the court cite him for “contempt of court” or arrested, if necessary. - VIATORY RIGHT - where one is excused from appearance before the court if he resides morethan 100km from the place of trial; can only be exercised at a CIVIL CASE!

8.

Right to have a SPEEDY, IMPARTIAL, and PUBLIC TRIAL

Right to Speedy – a trial that can be had as soon as possible, after a person is indicted and within such time as the prosecution with reasonable diligence, could prepare for it. The trial should be free from vexation, capricious and oppressive delay. - Starts from the time the information is filed - No deprivation when delay in trial was due to his motion for postponement - Purpose: To assure an innocent person may be freed from anxiety and expense of court litigation or if, otherwise, of having his guilt determined within the shortest possible time compatible with the presentation and consideration of whatever legitimate defense he may interpose - Remedies: o HABEAS CORPUS under Rule 102 of Rules of Court. o If the accused was retrained of his liberty, CERTIORARY (Rule 65), PROHIBITION or MANDAMUS. o Dismissal of the case - Factors to be considered to determine the right to speedy is violated: o Length of delay o Reason of delay

EGAD – Crim Pro (110 – 115) o Assertion of the right of the accused o Prejudicial to the accused Right to Impartial – the trial implies an absence of actual bias on the part of the judge. The judge must act in a manner completely free from suspicion as to its fairness and as to integrity Right to Public Trial – every person who wanted to may be inclined to watch, in all cases, as permitted to attend the trial Page | - The court may exclude the public from the court room if the evidence to be presented during the trial is of 23 such character as to be offensive to the decency or public morals 9.  

Right to appeal Statutory right; may be waived May be exercised in the manner and in accordance with the provision of the law