Revised Rules on Criminal Procedure
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Revised Rules on Criminal Procedure...
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The Revised Rules of Criminal Procedure (Rules 110-127, 110-127, Rules of Court, Effective December 1, 2000)
THE REVISED RULES OF CRIMINAL PROCEDURE
(Rules 110 - 127, Rules of Court)
RULE 110 - PROSECUTION OF OFFENSES Section 1.
Institution of criminal actions. – – Criminal actions actions shall be instituted instituted as follows follows (a) !or offenses offenses where where a "reliminar# "reliminar# in$esti% in$esti%atio ation n is re&uired "ursuant "ursuant to Section 1 of Rule 112, b# filin% the com"laint with the "ro"er office officerr for the "ur"os "ur"ose e of conduc conductin tin% % the re&ui re&uisit site e "reli "relimi minar nar# # in$esti%ation. (b) !or all other other offenses, offenses, b# filin% filin% the com"laint com"laint or informati information on directl# directl# with the 'unici"al rial Courts and 'unici"al Circuit rial Courts, or the com"laint with the office of the "rosecutor. n 'anila and other chartered cities, the com"laints shall be filed with the office of the "rosecutor unless otherwise "ro$ided in their charters. he institution of the criminal action shall interru"t the runnin% of the "eriod of "rescri"tion of the offense char%ed unless otherwise "ro$ided in s"ecial laws.
Section 2.
The complaint complaint or information information – he com"laint or information shall be in writin%, in the name of the *eo"le of the *hili""ines and a%ainst all "ersons who a""ear to be res"onsible for the offense in$ol$ed.
Section +.
Complaint defined . – com"laint is a sworn written statement char%in% a "erson "erson with with an offens offense, e, subscr subscrib ibed ed b# the offend offended ed "art# "art#,, an# "eace "eace officer, or other "ublic officer char%ed with the enforcement of the law $iolated.
Section .
Information defined. defined. - n information is an accusation in writin% char%in% a "erson with an offense, subscribed b# the "rosecutor and filed with the court.
Section .
Who must prosecute criminal actions. – actions. – ll criminal actions commenced b# a com"laint or information shall be "rosecuted under the direction and control of the "rosecutor. /owe$er, in 'unici"al rial Courts or 'unici"al Circuit rial Courts when the "rosecutor assi%ned thereto or to the case is not not a$ail a$ailabl able, e, the offen offended ded "art# "art#,, an# "eace "eace offic officer er,, or "ubli "ublic c office officer r char%ed with the enforcement of the law $iolated ma# "rosecute the case. his authorit# shall cease u"on actual inter$ention of the "rosecutor or u"on ele$ation of the case to the Re%ional rial Court.(Read Court. (Read A.M. A.M. NO. 02-
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2-0-!C "#ffecti$e Ma% 0&' 2002 )atest )atest Amendments to !ection *' Rule &&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides Section Section . Who must must prosec prosecute ute crimi criminal nal action action.. - ll criminal actions either commenced b# com"laint or b# information shall be "rosecuted under the direction and control of a "ublic "rosecutor. n case of hea$# wor schedule of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the "ri$ "ri$at ate e "ros "rosecu ecuto torr ma# ma# be auth author ori ied ed in writ writin in% % b# the the Chie Chieff of the the *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case u" to end of the trial e$en in the absence of a "ublic "rosecutor, unless the authorit# is re$oed or otherwise withdrawn.4 4 4 5 /. he crimes crimes of adulte adulter# r# and concub concubina ina%e %e shall shall not not be "rosec "rosecute uted d e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# cannot institute criminal "rosecution without includin% the %uilt# "arties, if both are ali$e, nor, in an# case, if the offended "art# has consented to the offense or "ardoned the offenders. offenders. he offenses of seduction, abduction and acts of lasci$iousness shall not be "rosecuted u"on a com"laint filed b# the offended "art# of her "arents, %rand"arents or %uardian, nor, in an# case, if the offender has been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or becomes inca"acitated before she can file the com"laint, and she has no nown nown "arent "arents, s, %rand" %rand"are arents nts or %uardi %uardian an,, the State State shall shall initia initiate te the the criminal action in her behalf. he offended offended "art# "art#, e$en e$en if a minor minor,, has the ri%ht ri%ht to initia initiate te the "ros rosecut ecutiion of the offen fenses ses of sed seducti uctio on, abduc bducti tio on and and acts cts of lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, unless she is incom"etent or inca"able of doin% so. 6here the offended "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, or %uar %uardi dian an ma# ma# file file the the same same.. he he ri%h ri%htt to file file the the acti action on %ran %rante ted d to "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons and shall be e4ercised successi$el# in the order herein "ro$ided, e4ce"t as stated in the "recedin% "ara%ra"h. o criminal action for defamation which consists in the im"utation of an# an# of the the offe offens nses es ment mentio ione ned d abo$ abo$e e shal shalll be brou brou%h %htt e4ce e4ce"t "t at the the instance of and u"on com"laint filed b# the offended "art#.
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2-0-!C "#ffecti$e Ma% 0&' 2002 )atest )atest Amendments to !ection *' Rule &&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides Section Section . Who must must prosec prosecute ute crimi criminal nal action action.. - ll criminal actions either commenced b# com"laint or b# information shall be "rosecuted under the direction and control of a "ublic "rosecutor. n case of hea$# wor schedule of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the "ri$ "ri$at ate e "ros "rosecu ecuto torr ma# ma# be auth author ori ied ed in writ writin in% % b# the the Chie Chieff of the the *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case u" to end of the trial e$en in the absence of a "ublic "rosecutor, unless the authorit# is re$oed or otherwise withdrawn.4 4 4 5 /. he crimes crimes of adulte adulter# r# and concub concubina ina%e %e shall shall not not be "rosec "rosecute uted d e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# cannot institute criminal "rosecution without includin% the %uilt# "arties, if both are ali$e, nor, in an# case, if the offended "art# has consented to the offense or "ardoned the offenders. offenders. he offenses of seduction, abduction and acts of lasci$iousness shall not be "rosecuted u"on a com"laint filed b# the offended "art# of her "arents, %rand"arents or %uardian, nor, in an# case, if the offender has been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or becomes inca"acitated before she can file the com"laint, and she has no nown nown "arent "arents, s, %rand" %rand"are arents nts or %uardi %uardian an,, the State State shall shall initia initiate te the the criminal action in her behalf. he offended offended "art# "art#, e$en e$en if a minor minor,, has the ri%ht ri%ht to initia initiate te the "ros rosecut ecutiion of the offen fenses ses of sed seducti uctio on, abduc bducti tio on and and acts cts of lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, unless she is incom"etent or inca"able of doin% so. 6here the offended "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, or %uar %uardi dian an ma# ma# file file the the same same.. he he ri%h ri%htt to file file the the acti action on %ran %rante ted d to "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons and shall be e4ercised successi$el# in the order herein "ro$ided, e4ce"t as stated in the "recedin% "ara%ra"h. o criminal action for defamation which consists in the im"utation of an# an# of the the offe offens nses es ment mentio ione ned d abo$ abo$e e shal shalll be brou brou%h %htt e4ce e4ce"t "t at the the instance of and u"on com"laint filed b# the offended "art#.
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he "rosecution for $iolation of s"ecial laws shall be %o$erned b# the "ro$ision thereof. Section 8.
!ufficie !ufficienc% nc% of complai complaint nt or informa information. tion. – com"laint or information is sufficient if it states the name of the accused9 the desi%nation of the offense %i$en b# the statute9 the acts or omissions com"lained of as constitutin% the offense9 the name of the offended "art#9 the a""ro4imate date of the comm commis issi sion on of the the offe offens nse9 e9 and and the the "lac "lace e where here the the offe offens nse e was committed. 6hen an offense is committed b# more than one "erson, all of them shall be included in the com"laint or information.
Section 7.
Name of the accused. – accused. – he com"laint or information must state the name and surname of the accused or an# a""ellation or nicname b# which he has been or is nown. f his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unnown. f the true name of the accused is thereafter disclosed b# him or a""e a""ear ars s in some some othe otherr mann manner er to the the cour court, t, such such true true name name shal shalll be inserted in the com"laint or information and record.
Section :.
esi1nation of the offense. offense . – he com"laint or information shall state the desi%nation of the offense %i$en b# the statute, a$er the acts or omissions cons consti titu tuti tin% n% the the offe offens nse, e, and and s"ec s"ecif if# # its its &ual &ualif if#i #in% n% and and a%%r a%%ra$ a$at atin in% % circumstances. f there is no desi%nation of the offense, reference shall be made to the section;subsection of the statute "unishin% it.
Section atas *ambansa >l%. 22 shall be deemed to include the corres"ondin% ci$il action. o reser$ation to file such ci$il action se"aratel# shall be allowed. ?"on filin% of the aforesaid 3oint criminal and ci$il actions, the offended "art# shall "a# in full the filin% fees based on the amount of the chec in$ol$ed, which shall be considered as the actual dama%es claimed. 6here the com"laint or information also sees to reco$er li&uidated, moral, nominal, tem"erate or e4em"lar# dama%es, the offended "art# shall "a# additional filin% fees based on the amounts alle%ed therein. f the amounts are not so alle%ed but an# of these dama%es are subse&uentl# awarded b# the court, the filin% fees based on the amount awarded shall constitute a first lien on the 3ud%ment. 6here the ci$il action has been filed se"aratel# and trial thereof has not #et commenced, it ma# be consolidated with the criminal action u"on 6
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a""lication with the court tr#in% the latter case. f the a""lication is %ranted, the trial of both actions shall "roceed in accordance with Section 2 of this Rule %o$ernin% consolidation of the ci$il and criminal actions. Section 2.
When separate ci$il action is suspended . – fter the criminal action has been commenced, the se"arate ci$il action arisin% therefrom cannot be instituted until final 3ud%ment has been entered in the criminal action. f the criminal action is filed after the said ci$il action has alread# been instituted, the latter shall be sus"ended in whate$er state it ma# be found before 3ud%ment on the merits. he sus"ension shall last until final 3ud%ment is rendered in the criminal action. e$ertheless, before 3ud%ment on the merits rendered in the ci$il action, the same ma#, u"on motion of the offended "art#, be consolidated with the criminal action in the court tr#in% the criminal action. n case of consolidation, the e$idence alread# adduced in the ci$il action shall be deemed automaticall# re"roduced in the criminal action without "re3udice to the ri%ht of the "rosecution to cross-e4amine the witness "resented b# the offended "art# in the criminal case and of the "arties to "resent additional e$idence. he consolidated criminal and ci$il actions shall be tried and decided 3ointl#. @urin% the "endenc# of the criminal action, the runnin% "eriod of "rescri"tion of the ci$il action which cannot be instituted se"aratel# or whose "roceedin% has been sus"ended shall be tolled. he e4tinction of the "enal action does not carr# with it e4tinction of the ci$il action. /owe$er, the ci$il action based on delict shall be deemed e4tin%uished if there is a findin% in a final 3ud%ment in the criminal action that the act or omission from which the ci$il liabilit# ma# arise did not e4ist.
Section +.
When ci$il action ma% proceed independentl% . – n the cases "ro$ided in rticles +2, ++, + and 2178 of the Ci$il Code of the *hili""ines, the inde"endent ci$il action ma# be brou%ht b# the offended "art#. t shall "roceed inde"endentl# of the criminal action and shall re&uire onl# a "re"onderance of e$idence. n no case, howe$er, ma# the offended "art# reco$er dama%es twice for the same act or omission char%ed in the criminal action.
Section .
#ffect of death on ci$il actions. – he death of the accused after arrai%nment and durin% the "endenc# of the criminal action shall e4tin%uish the ci$il liabilit# arisin% from the delict. /owe$er, the inde"endent ci$il action instituted under Section + of this Rule or which thereafter is
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instituted to enforce liabilit# arisin% from other sources of obli%ation ma# be continued a%ainst the estate or le%al re"resentati$e of the accused after "ro"er substitution or a%ainst said estate, as the c ase ma# be. he heirs of the accused ma# be substituted for the deceased without re&uirin% the a""ointment of an e4ecutor or administrator and the court ma# a""oint a %uardian ad litem for the minor heirs. he court shall forthwith order said le%al re"resentati$e or re"resentati$es to a""ear and be substituted within a "eriod of thirt# (+0) da#s from notice. final 3ud%ment entered in fa$or of the offended "art# shall be enforced in the manner es"eciall# "ro$ided in these rules for "rosecutin% claims a%ainst the estate of the deceased. f the accused dies before arrai%nment, the case shall be dismissed without "re3udice to an# ci$il action the offended "art# ma# file a%ainst the estate of the deceased. Section .
3ud1ment in ci$il action not a ar. – final 3ud%ment rendered in a ci$il action absol$in% the defendant from ci$il liabilit# is not a bar to a criminal action a%ainst the defendant for the same act or omission sub3ect of the ci$il action.
Section 8.
!uspension % reason of pre4udicial 5uestion. – "etition for sus"ension of the criminal action based u"on the "endenc# of a "re3udicial &uestion in a ci$il action ma# be filed in the office of the "rosecutor or the court conductin% the "reliminar# in$esti%ation. 6hen the criminal action has been filed in court for trial, the "etition to sus"end shall be filed in the same criminal action at an# time before the "rosecution rests.
Section 7.
#lements of pre4udicial 5uestion . – he elements of a "re3udicial &uestion are (a) the "re$iousl# instituted ci$il action in$ol$es an issue similar or intimatel# related to the issue raised in the subse&uent criminal action, and (b) the resolution of such issue determines whether or not the criminal action ma# "roceed.
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RULE 112 - PRELIMINARY INVESTIGATION Section 1.
+reliminar% in$esti1ation defined6 ,hen re5uired. – *reliminar# in$esti%ation is an in&uir# or "roceedin% to determine whether there is sufficient %round to en%ender a well-founded belief that a crime has been committed and the res"ondent is "robabl# %uilt# thereof, and should be held for trial. =4ce"t as "ro$ided in Section 7 of this Rule, a "reliminar# in$esti%ation is re&uired to be conducted before the filin% of a com"liant or information for an offense where the "enalt# "rescribed b# law is at least four () #ears, two (2) months and one (1) da# without re%ard to the fine.
Section 2.
Officers authori7ed to conduct preliminar% in$esti1ations. – he followin% ma# conduct "reliminar# in$esti%ations (a) *ro$incial or Cit# *rosecutors and their assistants9 (b) Aud%es of the 'unici"al rial Courts B 'unici"al Circuit rial Courts9 (c) ational and Re%ional State *rosecutors9 and (d) ther officers as ma# be authoried b# law. heir authorit# to conduct "reliminar# in$esti%ations shall include all crimes co%niable b# the "ro"er court in their res"ecti$e territorial 3urisdictions.
Section +.
+rocedure.– he "reliminar# in$esti%ation shall be conducted in the followin% manner (a) he com"laint shall state the address of the res"ondent and shall be accom"anied b# the affida$its of the com"lainant and his witnesses, as well as other su""ortin% documents to establish "robable cause. he# shall be in such number of co"ies as there are res"ondents, "lus two (2) co"ies for the official file. he affida$its shall be subscribed and sworn to before an# "rosecutor or %o$ernment official authoried to administer oath, or, in their absence or una$ailabilit#, before a notar# "ublic, each of whom must certif# that he "ersonall# e4amined the affiants and that he is
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satisfied that the# $oluntaril# e4ecuted and understood their affida$its. (b) 6ithin ten (10) da#s after the filin% of the com"laint, the in$esti%atin% officer shall either dismiss it if he finds no %round to continue with the in$esti%ation, or issue a sub"oena to the res"ondent attachin% to it a co"# of the com"laint and its su""ortin% affida$its and documents. he res"ondent shall ha$e the ri%ht to e4amine the e$idence submitted b# the com"lainant which he ma# not ha$e been furnished and to co"# them at his e4"ense. f the e$idence is $oluminous, the com"lainant ma# be re&uired to s"ecif# those which he intends to "resent a%ainst the res"ondent, and these shall be made a$ailable for e4amination or co"#in% b# the res"ondent at his e4"ense. b3ects as e$idence need not be furnished a "art# but shall be made a$ailable for e4amination, co"#in%, or "hoto%ra"hin% at the e4"ense of the re&uestin% "art#. (c) 6ithin ten (10) da#s from recei"t of the sub"oena with the com"laint and su""ortin% affida$its and documents, the res"ondent shall submit his counter-affida$it and that of his witnesses and other su""ortin% documents relied u"on for his defense. he counter-affida$its shall be subscribed and sworn to and certified as "ro$ided in "ara%ra"h (a) of this Section, with co"ies thereof furnished b# him to the com"lainant. he res"ondent shall not be allowed to file a motion to dismiss in lieu of a counter-affida$it. (d) f the res"ondent cannot be sub"oenaed, or if sub"oenaed, does not submit counter-affida$its within the ten (10) da# "eriod, the in$esti%atin% office shall resol$e the com"laint based on the e$idence "resented b# the com"lainant. (e) he in$esti%atin% officer ma# set a hearin% if there are facts and issues to be clarified from a "art# or a witness. he "arties can be "resent at the hearin% but without the ri%ht to e4amine or crosse4amine. he# ma#, howe$er, submit to the in$esti%atin% officer &uestions which ma# be ased to the "art# or witness concerned.
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he hearin% shall be held within ten (10) da#s from submission of the counter-affida$its and other documents or from the e4"iration of the "eriod for their submission. t shall be terminated within fi$e () da#s. (f) 6ithin ten (10) da#s after the in$esti%ation, the in$esti%atin% officer shall determine whether or not there is sufficient %round to hold the res"ondent for trial. Section .
Resolution of in$esti1atin1 prosecutor and its re$ie, . – f the in$esti%atin% "rosecutor finds cause to hold the res"ondent for trial, he shall "re"are the resolution and information. /e shall certif# under oath in the information that he, or as shown b# the record, an authoried officer, has "ersonall# e4amined the com"lainant and his witnesses9 that there is reasonable %round to belie$e that a crime has been committed and that the accused is "robabl# %uilt# thereof9 that the accused was informed of the com"laint and of the e$idence submitted a%ainst him9 and that he was %i$en an o""ortunit# to submit contro$ertin% e$idence. therwise, he shall recommend the dismissal of the com"laint. 6ithin fi$e () da#s from his resolution, he shall forward the record of the case to the "ro$incial or cit# "rosecutor or chief state "rosecutor, or to the mbudsman or his de"ut# in cases of offenses co%niable b# the Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction. he# shall act on the resolution within ten (10) da#s from their recei"t thereof and shall immediatel# inform the "arties of such action. o com"laint or information ma# be filed or dismissed b# an in$esti%atin% "rosecutor without the "rior written authorit# or a""ro$al of the "ro$incial or cit# "rosecutor or chief state "rosecutor or the mbudsman or his de"ut#. 6here the in$esti%atin% "rosecutor recommends the dismissal of the com"laint but his recommendation is disa""ro$ed b# the "ro$incial or cit# "rosecutor or chief state "rosecutor or the mbudsman or his de"ut# on the %round that a "robable cause e4ists, the latter ma#, b# himself, file the information a%ainst the res"ondent, or direct another assistant "rosecutor or state "rosecutor to do so without conductin% another "reliminar# in$esti%ation. f u"on "etition b# a "ro"er "art# under such rules as the @e"artment of Austice ma# "rescribe or motu proprio, the Secretar# of Austice re$erses
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or modifies the resolution of the "ro$incial or cit# "rosecutor or chief state "rosecutor, he shall direct the "rosecutor concerned either to file the corres"ondin% information without conductin% anther "reliminar# in$esti%ation, or to dismiss or mo$e for dismissal of the com"laint or information with notice to the "arties. he same rule shall a""l# in "reliminar# in$esti%ations conducted b# the officers of the ffice of the mbudsman. Section .
Resolution of in$esti1atin1 4ud1e and its re$ie, . – 6ithin ten (10) da#s after the "reliminar# in$esti%ation, the in$esti%atin% 3ud%e shall transmit the resolution of the case to the "ro$incial or cit# "rosecutor, or to the mbudsman or his de"ut# in cases of offenses co%niable b# the Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction, for a""ro"riate action. he resolution shall state the findin%s of facts and the law su""ortin% his action, to%ether with the record of the case which shall include (a) the warrant, if the arrest is b# $irtue of a warrant9 (b) the affida$its, counter-affida$its and other su""ortin% e$idence of the "arties9 (c) the undertain% or bail of the accused and the order for his release9 (d) the transcri"ts of the "roceedin%s durin% the "reliminar# in$esti%ation9 and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the com"laint. 6ithin thirt# (+0) da#s from recei"t of the records, the "ro$incial or cit# "rosecutor, or the mbudsman or his de"ut#, as the case ma# be, shall re$iew the resolution of the in$esti%atin% 3ud%e on the e4istence of "robable cause. heir rulin% shall e4"ressl# and clearl# state the facts and the law on which it is based and the "arties shall be furnished with co"ies thereof. he# shall order the release of an accused who is detained if no "robable cause is found a%ainst him.
Section 8.
When ,arrant of arrest ma% issue. – (a) 8% the Re1ional Trial Court . – 6ithin ten (10) da#s from the filin% of the com"laint or information, the 3ud%e shall "ersonall# e$aluate the resolution of the "rosecutor and its su""ortin% e$idence. /e ma# immediatel# dismiss the case if the e$idence on record clearl# fails to establish "robable cause. f he finds "robable cause, he shall issue a warrant of arrest, or a commitment order if the accused has alread# been arrested "ursuant to a warrant issued b# the 3ud%e who conducted the "reliminar# in$esti%ation or when the com"laint or information was filed "ursuant to Section 7 of this Rule. n case of doubt on the e4istence of "robable cause, the 3ud%e ma# order the "rosecutor to "resent additional e$idence within fi$e () da#s from notice and the issue must be resol$ed b# the court within thirt# (+0) da#s from the filin% of the com"laint of information. 12
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(b) 8% the Municipal Trial Court . – 6hen re&uired "ursuant to the second "ara%ra"h of Section of this Rule, the "reliminar# in$esti%ation of cases fallin% under the ori%inal 3urisdiction of the 'etro"olitan rial Court, 'unici"al rial Court in Cities, 'unici"al rial Court, or 'unici"al Circuit rial Court ma# be conducted b# either the 3ud%e or the "rosecutor. 6hen conducted b# the "rosecutor, the "rocedure for the issuance of a warrant of arrest b# the 3ud%e shall be %o$erned b# "ara%ra"h (a) of this Section. 6hen the in$esti%ation is conducted b# the 3ud%e himself, he shall follow the "rocedure "ro$ided in Section + of this Rule. f his findin%s and recommendations are affirmed b# the "ro$incial or cit# "rosecutor, or b# the mbudsman or his de"ut#, and the corres"ondin% information is filed, he shall issue a warrant of arrest. /owe$er, without waitin% for the conclusion of the in$esti%ation, the 3ud%e ma# issue a warrant of arrest if he finds after an e4amination in writin% and under oath of the com"lainant and his witnesses in the form of searchin% &uestions and answers, that a "robable cause e4ists and that there is a necessit# of "lacin% the res"ondent under immediate custod# in order not to frustrate the ends of 3ustice. (c) When ,arrant of arrest not necessar% . – warrant of arrest shall not issue if the accused is alread# under detention "ursuant to a warrant issued b# the munici"al trial court in accordance with "ara%ra"h (b) of this Section, or if the com"laint or information was filed "ursuant to Section 7 of this Rule or is for an offense "enalied b# fine onl#. he court shall them "roceed in the e4ercise of its ori%inal 3urisdiction. Section 7.
When accused la,full% arrested ,ithout ,arrant. – 6hen a "erson is lawfull# arrested without a warrant in$ol$in% an offense which re&uires a "reliminar# in$esti%ation, the com"laint or information ma# be filed b# a "rosecutor without need of such in$esti%ation "ro$ided an in&uest has been conducted in accordance with e4istin% rules. n the absence or una$ailabilit# of an in&uest "rosecutor, the com"laint ma# be filed b# the offended "art# or a "eace officer directl# with the "ro"er court on the basis of the affida$it of the offended "art# or arrestin% officer or "erson. >efore the com"laint or information is filed, the "erson arrested ma# as for a "reliminar# in$esti%ation in accordance with this Rule, but he must si%n a wai$er of the "ro$ision of rticle 12 of the Re$ised *enal Code, as amended, in the "resence of his counsel. otwithstandin% the wai$er, he ma# a""l# for bail and the in$esti%ation must be terminated within fifteen (1) da#s from its ince"tion.
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fter the filin% of the com"laint or information in court without a "reliminar# in$esti%ation, the accused ma#, within fi$e () da#s from the time he learns of its filin%, as for a "reliminar# in$esti%ation with the same ri%ht to adduce e$idence in his defense as "ro$ided in this Rule.
Section :.
Records. – (a) Records supportin1 the information or complaint . – n information or com"laint filed in court shall be su""orted b# the affida$its and counter-affida$its of the "arties and their witnesses, to%ether with the other su""ortin% e$idence and the resolution on the case. (b) Record of preliminar% in$esti1ation. 9 he record of the "reliminar# in$esti%ation, whether conducted b# a 3ud%e or a "rosecutor, shall not form "art of the record of the case. /owe$er, the court, on its own initiati$e or on motion of an# "art#, ma# order the "roduction of the record or an# of its "art when necessar# in the resolution of the case or an# incident therein, or when it is to be introduced as an e$idence in the case b# the re&uestin% "art#.
Section oo on the s"ace "ro$ided therefore, in the Re%istr# of @eeds for the "ro$ince or cit# where the land lies, and on the corres"ondin% ta4 declaration in the office of the "ro$incial, cit# and munici"al assessor concerned. 6ithin the same "eriod, the accused shall submit to the court his com"liance and his failure to do so shall be sufficient cause for the cancellation of the "ro"ert# bond and his re-arrest and detention.
Section 12.
efore arrai%nment, the court shall inform the accused of his ri%ht to counsel and as him if he desires to ha$e one. ?nless the accused is allowed to defend himself in "erson or has em"lo#ed counsel of his choice, the court must assi%n a counsel de officio to defend him.
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Section 7.
Appointment of counsel de officio. – he court, considerin% the %ra$it# of the offense and the difficult# of the &uestions that ma# arise, shall a""oint as counsel de officio such members of the bar in %ood standin% who, b# reason of their e4"erience and abilit#, can com"etentl# defend the accused. >ut in localities where such members of the bar are not a$ailable, the court ma# a""oint an# "erson, resident of the "ro$ince and of %ood re"ute for "robit# and abilit#, to defend the accused.
Section :.
Time for counsel de officio to prepare for arrai1nment. – 6hene$er a counsel de office is a""ointed b# the court to defend the accused at the arrai%nment, he shall be %i$en a reasonable time to consult with the accused as to his "lea before "roceedin% with the arrai%nment.
Section # im"osin% on a counsel "ri$atel# retained in connection with the defense o fan accused, a fine not e4ceedin% twent# thousand "esos (* 20,000.00)9 (2) ># im"osin% on an# a""ointed counsel de officio, "ublic attorne#, or "rosecutor a fine not e4ceedin% fi$e thousand "esos (*,000.00)9 and (+)
Section # den#in% an# defense counsel or "rosecutor the ri%ht to "ractice before the court tr#in% the case for a "eriod not e4ceedin% thirt# (+0) da#s. he "unishment "ro$ided for b# this section shall be without "re3udice to an# a""ro"riate criminal action or other sanction authoried under these rules.
Remed% ,here accused is not rou1ht to trial ,ithin the time limit. – f the accused is not brou%ht to trial within the time limit re&uired b# Section 1(%), Rule 118 and Section 1, as e4tended b# Section 8 of this Rule, the information ma# be dismissed on motion of the accused on the %round of denial of his ri%ht to s"eed# trial. he accused shall ha$e the burden of "ro$in% the motion but the "rosecution shall ha$e the burden of %oin% forward with the e$idence to establish the e4clusion of time under Section + of this rule. he dismissal shall be sub3ect to the rules on double 3eo"ard#. !ailure of the accused to mo$e for dismissal "rior to trial shall constitute a wai$er of the ri%ht to dismiss under this section.
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Section 10.
)a, on speed% trial not a ar to pro$ision on speed% trial in the Constitution. – o "ro$ision of law on s"eed# trial and no rule im"lementin% the same shall be inter"reted as a bar to an# char%e of denial of the ri%ht to s"eed# trial %uaranteed b# Section 1(2), rticle , of the 1round for reconsideration. – he court shall %rant reconsideration on the %round of errors of law or fact in the 3ud%ment, which re&uires no further "roceedin%s.
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Section .
=orm of motion and notice to the prosecutor. – he motion for new trial or reconsideration shall be in writin% and shall state the %rounds on which it is based. f based on a newl#-disco$ered e$idence, the motion must be su""orted b# affida$its of witnesses b# whom such e$idence is e4"ected to be %i$en or b# dul# authenticated co"ies of documents which are "ro"osed to be introduced in e$idence. otice of the motion for new trial or reconsideration shall be %i$en to the "rosecutor.
Section .
@earin1 on motion. – 6here a motion for new trial calls for resolution of an# &uestion of fact, the court ma# hear e$idence thereon b# affida$its or otherwise.
Section 8.
#ffects of 1rantin1 a ne, trial or reconsideration. – he effects of %rantin% a new trial or reconsideration are the followin% (a) 6hen a new trial is %ranted on the %round of errors of law or irre%ularities committed durin% the trial, all the "roceedin%s and e$idence affected thereb# shall be set aside and taen anew. he court ma#, in the interest of 3ustice, allow the introduction of additional e$idence. (b)
6hen a new trial is %ranted on the %round of newl#-disco$ered e$idence, the e$idence alread# adduced shall stand and the newl#-disco$ered and such other e$idence as the court ma#, in the interest of 3ustice, allow to be introduced shall be taen and considered to%ether with the e$idence alread# in the record.
(c) n all cases, when the court %rants new trial or reconsideration, the ori%inal 3ud%ment shall be set aside or $acated and a new 3ud%ment rendered accordin%l#.
RULE 122 - APPEAL Section 1.
Who ma% appeal . – n# "art# ma# a""eal from a 3ud%ment or final order, unless the accused will be "laced in double 3eo"ard#.
Section 2.
Where to appeal . – he a""eal ma# be taen as follows (a) o the Re%ional rial Court, in cases decided b# the 'etro"olitan rial Court, 'unici"al rial Court in Cities, 'unici"al rial Court, or 'unici"al Circuit rial Court9
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(b) o the Court of ""eals or to the Su"reme Court in the "ro"er cases "ro$ided b# law, in cases decided b# the Re%ional rial Court9 and (c) o the Su"reme Court, in cases decided b# the Court of ""eals. Section +.
@o, appeal ta;en. – (a) he a""eal to the Re%ional rial Court, or to the Court of ""eals in cases decided b# the Re%ional rial Court in the e4ercise of its ori%inal 3urisdiction, shall be taen b# filin% a notice of a""eal with the court which rendered the 3ud%ment or final order a""ealed from and b# ser$in% a co"# thereof u"on the ad$erse "art#. (b) he a""eal to the Court of ""eals in cases decided b# the Re%ional rial Court in the e4ercise of its a""ellate 3urisdiction shall be b# "etition for re$iew under Rule 2. (c) he a""eal to the Su"reme Court in cases where the "enalt# im"osed b# the Re%ional rial Court is reclusion perpetua, or life im"risonment, or where a lesser "enalt# is im"osed but for offenses committed on the same occasion or which arose out of the same occurrence that %a$e rise to the more serious offense for which the "enalt# of death, reclusion perpetua, or life im"risonment is im"osed, shall be b# filin% a notice of a""eal in accordance with "ara%ra"h (a) of this section. (d) o notice of a""eal is necessar# in cases where the death "enalt# is im"osed b# the Re%ional rial Court. he same shall be automaticall# re$iewed b# the Su"reme Court as "ro$ided in Section 10 of this Rule. =4ce"t as "ro$ided in the last "ara%ra"h of Section 1+, Rule 12, all other a""eals to the Su"reme Court shall be b# "etition for re$iew on certiorari under Rule .
Section .
!er$ice of notice of appeal . – f "ersonal ser$ice of the co"# of the notice of a""eal can not be made u"on the ad$erse "art# or his counsel, ser$ice ma# be done b# re%istered mail or b# substituted ser$ice "ursuant to Sections 7 and : of Rule 1+.
Section .
Wai$er of notice. – he a""ellee ma# wai$e his ri%ht to a notice that an a""eal has been taen. he a""ellate court ma#, in its discretion, entertain an a""eal notwithstandin% failure to %i$e such notice if the interests of 3ustice so re&uire.
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Section 8.
When appeal to e ta;en. – n a""eal must be taen within fifteen (1) da#s from "romul%ation of the 3ud%ment or from notice of the final order a""ealed from. his "eriod for "erfectin% an a""eal shall be sus"ended from the time a motion for new trial or reconsideration is filed until notice of the order o$errulin% the motion has been ser$ed u"on the accused or his counsel at which time the balance of the "eriod be%ins to run.
Section 7.
Transcriin1 and filin1 notes of steno1raphic reporter upon appeal . – 6hen notice of a""eals is filed b# the accused, the trial court shall direct the steno%ra"hic re"orter to transcribe his notes of the "roceedin%s. 6hen filed b# the *eo"le of the *hili""ines, the trial court shall direct the steno%ra"hic re"orter to transcribe such "ortion of his notes of the "roceedin%s as the court, u"on motion, shall s"ecif# in writin%. he steno%ra"hic re"orter shall certif# to the correctness of the notes and the transcri"t thereof, which shall consist of the ori%inal and four co"ies, and shall file said ori%inal and four co"ies with the cler without unnecessar# dela#. f death "enalt# is im"osed, the steno%ra"hic re"orter shall, within thirt# (+0) da#s from "romul%ation of the sentence, file with the cler the ori%inal and four co"ies of the dul# certified transcri"t of his notes of the "roceedin%s. o e4tension of time for filin% of said transcri"t of steno%ra"hic notes shall be %ranted e4ce"t b# the Su"reme Court and onl# u"on 3ustifiable %rounds.
Section :.
Transmission of papers to appellate court upon appeal. – 6ithin fi$e () da#s from the filin% of the notice of a""eal, the cler of court with whom the notice of a""eal was filed must transmit to the cler of court of the a""ellate court the com"lete record of the case, to%ether with said notice. he ori%inal and three co"ies of the transcri"t of steno%ra"hic notes, to%ether with the records, shall also be transmitted to the cler of the a""ellate court without undue dela#. he other co"# of the transcri"t shall remain in the lower court.
Section
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