110: Prosecution of OffensesModes of Institution of CriminalAction:1. For offenses where preliminary Investigation is required,by filling the complaint with the proper officer for the purpose ofconducting the requisite preliminary investigation.2. For all otheroffenses, by filling the complaint or information directly with theMTC and MCTC or the complaint with the office of the prosecutor. InManila and other chartered cities, the complaint shall be filedwith the office of the prosecutor unless otherwise provided intheir charters.
Cases which require Preliminary InvestigationGeneral Rule: Inall cases, preliminary investigation is required to be conductedbefore the filing of a complaint or information (Sec 1(2) of112)Exceptions:1.where the accused was validly arrested (Sec 5 of113)2.Where the imposable penalty of the offense charge is at least4 years, 2 months, & 1 day without regard to fine (Sec 1(2) of112)
2 Procedures in Institution of Criminal Actions1.SummaryProcedure (1991 Rules on Summary Procedure)The Rules on SummaryProcedure apply on cases involving:1. Violation of traffic rules,rules and regulations;2. Violations of rental laws3. Violation ofthe municipal or city ordinances4. Offenses wherea. The penaltyprescribed by law for the offense charged does not exceed 6 monthsimprisonment OR a fine NOT exceeding Php 1,000.00 OR BOTH,irrespective of the imposable penalties, accessory or of the civilliability arising therefrom; andb. Offenses involving damage toproperty though criminal negligence where the imposable fine doesNOT exceed Php 10,000.002.Regular Procedure (Sec 3, Rule 112)TheRules on Regular Procedure apply on cases involving:1. Offensescommitted by public officers and employees in relation to theiroffice, including those employed in government-owned or controlledcorporations, whether simple or complexed with other crimes, wherethe penalty prescribed by law is imprisonment exceeding 6 years ora fine exceeding Php 4,000.00 when the offenders position is belowthose enumerated above;2. Offenses where the imposable penaltyprescribed by law is imprisonment exceeding 6 years or a fineexceeding Php 1,000.00 but not more than Php 4,000.00 or BOTHregardless of other imposable accessory or other penalties,including the civil liability arising from such offense orpredicated thereon, irrespective of kind, nature, value or amountthereof;3. Offenses involving damage to property through criminalnegligence only where the imposable fine exceeds Php 10,000.00except where the offender is a minor in which the jurisdiction iswith the Family Court
Prescription of Crimes under Article 92 of RPC1. ReclusionPerpetua Reclusion Temporal20 years
2. Afflictive Penalties15 years
3. Correctional Penalties10 years
4. Arresto Mayor5 years
5. Libel1 year
6. Grave Oral Defamation6 months
7. Light Offenses60 days
The institution of criminal action shall interrupt the runningof the period of prescription of the offense charged unlessotherwise provided by Special Law.
Complaint and Information
Distinction & DefinitionComplaintInformation
Sworn statement charging a person with an offenseAn accusationin writing
Signed by the offended party, any peace officer or otheremployee of the government in charge of the enforcement ofexecution of the law violatedSigned by the prosecutor
Filed in court or in prosecutors officeFiled directly with thecourt by the prosecutor
Formal Requisites:1. It must be in writing2. It must be in thename of the People of the Philippines; and3. It must be against allpersons who appear to responsible therefore.
Purpose: To inform the accused of the criminal acts imputed uponhim so that he can duly prepare for his defense.
Who may file Complaint or Information: Public Officers incharged with the enforcement of the law violated:1) Chief ofPolice2) National Bureau of Investigation3) Custom Authority4) DENRPersonnel5) Bureau of Internal Revenue Personnel6) Bureau of Postsfor Theft of Mail Matters7) Presidential Commission on GoodGovernance for cases for recovery of ill-gotten wealthAll criminalactions commenced by a complaint or information shall be prosecutedunder the direction and control of the Prosecutor.
Persons authorized to PROSECUTE Criminal Actions:a. PublicProsecutors (Sec 5, 110) such as-1. Regional Prosecutor and theirAssistants2. City Prosecutor and their Assistants3. ProvincialProsecutor and their Assistantsb. Private Law Practitionersc. PNPStation Commanderd. Ombudsman Prosecutors (For Anti-graft cases)e.Presidential Commission on Good Governance for cases for recoveryof ill-gotten wealth
Effect of filing of an Information and Complaint by theProsecutor in Court: The prosecutor losses jurisdiction to disposethe case as he deems fit, as the court has acquired jurisdictionover case. Hencem any action for disposition of the case must bewith leave of court.
Offenses which cannot be Prosecuted de Officio:EGAD Crim Pro(110 115)Page | 21
1. 2. Adultery3. Concubinage4. Seduction5. Abduction6. Acts ofLasciviousness7. Defamation
DistinctionsControl by ProsecutionControl by Court
What case to fileSuspension of arraignment
Whom to prosecuteTo order reinvestigation
Manner of prosecutionProsecution by the prosecutor
Right to withdraw information before arraignment even withoutnotice and hearingDismissal of the case
Limitations on Control of Court1. Prosecution is entitled tonotice of hearing2. Court must wait for the result of petition forreview3. Prosecutions stand to maintain prosecution should berespected by the court.4. Court has authority to review theSecretary of Justice recommendation and reject it if there is graveabuse of discretionThe filing of the information or complaint incourt does not prevent the Secretary for Justice from exercisinghis review power. Neither can such complaint or information deterhim from ordering the withdrawal of the cases. However, he cannotimpose his opinion on the trial court. The determination of thecase is within the courts exclusive jusrisdiction andcompetence.
Requisites for the Sufficiency of the Complaint or Information(Sec 6, 110)1. The name of the accused (Sec 7, 110) State: name andsurname or nickname by which he has been know If his identity isstill unknown, he can be mentioned under a fictitious name (johnDoe or Richard Doe or Mary Doe) with a statement that his true nameis unknown. Should the true name, identity or nickname be known,such true name be inserted in the complaint or information andrecord When an offense is committed by more than 1 person, all ofthem should be included in the complaint No criminal action can lieagainst a corporation as an accused. However, only as officer of acorporation can be held criminally liable done in behalf of thecorporation2. The designation of the offense (Sec 8, 110)Thecomplaint or information shall state the designation of the offensegiven by the statute, aver the acts or omissions constituting theoffense, and specify its qualifying and aggravating circ*mstances.If there is no designation of the offense, reference shall be madeto the section or subsection of the statute punishing it. Thefailure to designate the offense by statute or to mention thespecific provision penalizing the act or erroneous specification ofthe law violated does not vitiate the information if the factsalleged 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 conciselanguage to enable a person of common understanding to know whatthe offense charged the terms of the law defining the offense maybe used but not necessarily the facts constituting the offense,including the circ*mstances which are essential ingredients thereofbut not conclusion of law must be alleged to enable the court topronounce judgment aggravating circ*mstances and qualifyingcirc*mstances are to be expressly and specifically alleged in thecomplaint or information, otherwise the same will not be consideredby the court even if proved during the trial4. Place of commissionof the offense charged (Sec 10,110) It is sufficient if it can beunderstood from its allegations that the offense was committed orsome of its essential ingredients occurred at some place within thejurisdiction of the court (since the place of the commission of thecrime is generally not essential element of the offense charged)UNLESS, the place of the commission of the offense constitute anessential element of the offense or its necessary for the offenseor is necessary for the identifying the offense charged: Intrespass to dwelling (Art 280, RPC) In other forms of trespass todwelling (Art 281, RPC) In violation of Domicile (Art 128, RPC) Ininterruption of religious worship (Art 132, RPC) In offendingreligious feeling (Art 133, RPC) In theft of the property ofNational Library and National Museum (Art 311, RPC) In robbery ininhabited place (Art 299, RPC) The SC has the power to order achange of venue or place of trial to avoid a miscarriage of justiceand where the prosecution witness can feel free to reveal what theyknow is justified (Sec 5(4) Art 8 1987 Consti)5. Date of commissionof the offense (Sec 11,110) The precise time of the commission ofthe offense need not to be stated unless time is a materialingredient of the offense, such as: Infanticide (art 255, RPC)Intentional Abortion (Art 256, RPC) Unintentional Abortion (Art257, RPC) Abortion practiced by woman herself or by her parents(Art 258, RPC) Physical Injuries (Art 263 266, RPC) Violation ofOmnibus Election Code of the Philippines Time of the commissionshould be alleged as near as possible to its actual date on orabout does not require the prosecution to prove precise date butmay prove any date which is not so remote as to surprise andprejudice the accused6. Name of the offended party (Sec 12,110)Thecomplaint or information must state the name and surname of theperson against whom or against whose property the offense wascommitted, or any appellation or nickname by which such person hasbeen or is known. If there is no better way of identifying him, hemust be described under a fictitious name.(a) In offenses againstproperty, if the name of the offended party is unknown, theproperty must be described with such particularity as to properlyidentify the offense charged.(b) If the true name of the personagainst whom or against whose property the offense was committed isthereafter disclosed or ascertained, the court must cause such truename to be inserted in the complaint or information and therecord.(c) If the offended party is a juridical person, it issufficient to state its name, or any name or designation by whichit is known or by which it may be identified, without need ofaverring that it is a juridical person or that it is organized inaccordance with law.(d) In the cases of libel, it is essential thatthe name of the victim must be identifiable or name of thecomplaint or information
Duplicity of the offense (Sec 13,110): General Rule: A complaintor information must charge only 1 offenseException: The rule onduplicity of offenses does not apply where the law prescribes asingle penalty for various offenses such as a complex crims underRPC or Special Complex Crime (Robbery with Homicide or with Rape orRape with Homicide)
Principle of Delito Continuado (Continuing Offense): There is acontinuing offense when two or more violations of the same penalprovisions are united in one and the same intent or resolutionleading to the perpetration of the same criminal purpose oraim:Single Larceny Rule:i. The theft of 6 roosters belonging to 2different owners committed by the accused from the same place andtimeii. The theft of 2 roosters in the same place and sameoccasioniii. The theft of 13 cows belonging to 2 different ownerscommitted by the accused at the same time and the same place
Amendment and Substitution (Sec 14, 110) Before the accusedpleads, amendment is allowed even without leave of court, whetherthe amendment be in form or in substance During trial, generally,no amendment of information during the trial if would prejudice theright of the accused, EXCEPT: Doctrine of Supervening Eventamendment due to the happening of new event material to the case inissue Doctrine of Subsequent Discovery e.g. slight physical injurywas charged with healing period of 5 9 days but when it healed,scar or physical deformity was apparent, this becomes a SeriousPhysical Injury Doctrine of Nolle Prosequi dismissal entered beforehe accused is placed on trial and before he is called to plead Thisis not equivalent to acquittal and does not bar a subsequentprosecution for the same offense since it partakes the nature ofdiscontinuance in a civil suit and leaves the matter in samecondition in which it was before the commencement of prosecutionNolle Prosequi refers to the voluntary withdrawal by theprosecuting attorney of the present proceedings on a criminalcharge. Commonly called nol pros 2 kinds of Amendment: As a matterof right either substantial or formal (any time before plea) As amatter of discretion with leave of court, after accused enters hisplease and/or during the trial if no prejudice on the right of theaccused Test WON accused is prejudiced: Where the defense of theaccused is altered Where the defense of the accused is no longeravailable after amendmentDistinctionAmendmentSubstitution
May involve either formal or substantial changesNecessarilyinvolves a substantial changes from the original charge
Before accused enters his plea, formal or substantial amendmentmay be made without leave of courtNecessarily requires leave ofcourt as the original information has been dismissed
Formal amendment does not require preliminary investigation;accused has to pleaNecessarily requires reinvestigation unlesswaived by the accused anew to the new info
Amended complaint or information refers to the same offense orto the offense necessarily includes or is necessarily included inthe original offenseNew complaint or info relates to a differentoffense and is not included in the original information
After plea, substantial amendment cannot be made upon objectionof the accused, otherwise, if the original information iswithdrawn, the accused may invoke double jeopardyBefore judgment,substitution may be made , provided the accused would not be placedin jeopardy
Original complaint or information is withdrawn with the consentof the court before filing of an amended complaint orinformationOriginal information is dismissed upon filing of a newcomplaint or information
Place where ACTIOn is to be INSTITUTED (Sec15,110)(a) Subject toexisting laws, the criminal action shall be instituted and tried inthe court of the municipality or territory where the offense wascommitted or where any of its essential ingredients occurred.(b)Where an offense is committed in a train, aircraft, or other publicor private vehicle in the course of its trip, the criminal actionshall be instituted and tried in the court of any municipality orterritory where such train, aircraft, or other vehicle passedduring its trip, including the place of its departure andarrival.(c) Where an offense is committed on board a vessel in thecourse of its voyage, the criminal action shall be instituted andtried in the court of the first port of entry or of anymunicipality or territory where the vessel passed during suchvoyage, subject to the generally accepted principles ofinternational law.(d) Crimes committed outside the Philippines butpunishable under Article 2 of the Revised Penal Code shall becognizable by the court where the criminal action is firstfiled.*see page 32 of Fundamentals of Crim Pro by Escatron forexceptions
Intervention of the Offended Party In Criminal Action where thecivil action for recovery of civil liability is instituted in thecriminal action (Rule 111), the offended party may intervene bycounsel in the prosecution of the offense subject always to thedirection and control of the public prosecutor111: Prosecution ofCivil ActionInstitution of Civil ActionGeneral Rule: When acriminal action is instituted, the civil action for the recovery ofcivil liability arising from the offense charge shall be deemedinstitutedExceptions: When the offended party waives his right tofile civil action When the offended party reserves his right toinstitute it separately When the offended party institute the civilaction prior to the criminal action When the civil action was filedin court before the presentation on of evidence for the prosecutionin the criminal action where the presiding judge hearing criminalcase was duly notifiedException to the exceptions: When the lawdoes 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 beforethe public prosecutor STARTS presenting evidence and under thecirc*mstances affording the private offended party a reasonableopportunity to make such reservation Art 100 of RPC: Every personcriminally liable for FELONY shall also be civilly liable (BASIS)Under legal principle that a person who is criminally liable isalso civilly liable is the view that from the stand point of itseffect, a crime has dual character: An offense against the Statebecause e of the disturbance of the social order; and As an offenseagainst the private person injured by the crime unless involves thecrime of treason, rebellion, espionage, contempt and other offenseswherein part of the offender either because there are no damages tocompensated or there is no private person injured by the crimeFiling fee for civil action (which is instituted together withcriminal action) are not included in the computation of the actualdamages claimed by the offended party. These are to be paid only ifother items of damages such as moral, nominal, temperate orexemplary damages are alleged in the complaint or information, orif there are not so alleged, shall constitute as first lien on thejudgment
Rules to be observed in Case a Separate Civil Action isinstituted from Criminal Action (Sec 2, 111)1. After the criminalaction has commenced, the separate civil action arising therefromcannot be instituted UNTIL final judgment has been entered in thecriminal action2. If the criminal action is filed after the saidcivil action has been instituted, the civil action shall besuspended in whatever stage it may be found before the judgment onthe merit. The suspension shall last UNTIL final judgment has beenentered in the criminal action3. During the pendency of thecriminal action, the running period of the civil action whichcannot be instituted separately shall be tolled.4. The extinctionof the penal action does not carry with it the extinction of thecivil action:a. Where the acquittal is based on reasonable doubtb.Where the court expressly declares that the liability of theaccused is not criminal but only civil in naturec. Where the civilliability is not derived from or based on the criminal act of whichthe accused is acquitted5. (Sec 5, 111) A final judgment in a civilaction absolving the defendant from the civil liability is not abar to a criminal action against the defendant for the same act ofomission subject to the criminal actions Generally, civil actionshall be suspended when the criminal action has been filed EXCEPT:When civil action may proceed independently (Sec 3, 111) *see page42 of Funda Civil action arising from Art 32 of the New Civil Coderegarding the violation of the constitutional rights Civil actionarising under Art 33 of the NCC regarding defamation, fraud andphysical injusries Civil action arising under art 34 of the NCCregarding the liabilities of the Police Offices Civil action underArt 2176 of the NCC regarding QUASI-DELICTS (Not a crime; nocontract; semi crime) Criminal actions to recover civil liabilityarising from delict and civil action based on a quasi-delict mayproceed simultaneously provided that the offended party is notallowed to recover on both scores and would be entitled in sucheventuality only to a bigger award of the 2, assuming the awardsmade in the 2 cases vary The civil liability for the same actconsidered as a quasi-delict only and not as a crime is notextinguished even by the declaration in the criminal case that theact has not happened or has not been committed by the accused. Aprejudicial civil action Prejudicial Question (Sec 6 & 7, 111)Is a question arising from a civil action that is to intimatelyconnected with the issues in the criminal case that isdeterminative of the guilt of the accused and the resolution of thecivil case is determinative of the innocence of the accusedElements: There is a previously instituted civil action whichinvolves an issue similar or intimately related to the issue raisedin the subsequent criminal action; and The resolution of such issuedetermines whether or not the criminal action may proceed Apetition of suspension of criminal action by reason of prejudicialquestion may be filed at the prosecutors office during preliminaryinvestigation or at the trial court any time before the prosecutionrests its case Purpose of suspension of criminal action: to avoidduplicity of suits and prevent vexatious litigations, conflictingjudgments, confusion between litigants and courts When the civilaction is subsequently consolidated with the criminal action beforethe judgment on merits on a prior file civil action, the evidencealready reduced in the civil action shall be deemed automaticallyreproduced in the criminal action without prejudice to the right ofthe prosecution to cross-examine the witnesses presented by theoffended party in the criminal case. The consolidated actions shallbe tried and decided jointly
Effect of Death of the Accused: WON its extinguishes his civilliability Before arraignment:The case shall be dismissed withoutprejudice to any civil action the offended party may file againstthe estate of the deceased.After arraignment and during pendency ofthe appeal:1. The death of the accused extinguishes his criminalliability and civil liability provided that the civil liability isdirectly arising from and based solely on the offense committed,that is civil liability ex delicto in the strict sense;2. The claimfor civil liability survives the death of the accused if it ispredicted upon the source of obligation other than a delict, suchas one based on law contract quasi-contract or quasi-delict asprovided in Article 1157 of NCC;3. An action for the recovery ofsurviving civil liability may be pursued only by filing a separatecivil action against the executor/ administrator of the estate ofthe accused, depending on the source of the obligation and subjectto provisions of Sec 1 Rule 11 of RoC4. If the civil action hadbeen instituted together with the criminal action prior to thelatters extinction, the statute of limitations on the civilliability is deemed interrupted during the pendency of the criminaloffense conformably with Art 1155 of NCC The heirs of the accusedmay be substituted for the deceased without requiring theappointment of an executor or administrator and the court mayappoint a guardian ad litem for the minor heirs. The court shallorder legal representative/s to appear and be substitutes within aperiod of 30 days from notice A final judgement entered in favor ofthe offended party shall be enforced in the manner especiallyprovided in these Rules for prosecuting claims against the estateof the deceased112: Preliminary InvestigationPreliminaryInvestigation- is an inquiry or proceeding conducted by authorizedpersons by law in order to determine whether there is sufficientground to engender a well-founded belief that a crime has beencommitted and the respondent is probable guilty thereof, and shouldbe held for trial Statutory right; can only be invoked only whenspecifically granted by the statute; a component part of dueprocess in criminal justice Substantive right Personal right; canbe waived expressly and impliedly; failure of the accused torequest for preliminary investigation within a specified period isdeemed a waiver of his right to a preliminary investigation Notpart of trial; dismissal of prosecuting officer or absence ofPreliminary Investigation does not bar filing of another complaintof the same offense and does not constitute double jeopardy doesnot affect the jurisdiction of the trial court but merely theregularity of the proceedings does not impair the validity of theinformation or otherwise render it defective not a ground to quashthe information does not nullify the arrest issued against him norjustify the release of the accused from detention the trial courtshould suspend the proceedings and order a preliminaryinvestigation.
Cases which require Preliminary Investigation (Page 1 of thisdocument)
Officers Authorized to conduct Preliminary Investigation (Sec 2,112)1. Provincial or City Prosecutors and their assistants2.National and Regional State Prosecutors3. Other officers as may beauthorized by law4. Duly authorized legal officers of the COMELEC5.The Ombudsman in cases cognizable by Sandiganbayan6. The PCGG forthe recovery of ill-gotten wealth of the then Pres Marcos
Remedies of the offended party in case the public prosecutorrefuses to file information despite existence of probable cause orsufficient ground to hold a respondent or other respondents fortrial (since filing is only discretionary with the publicprosecutor):1) He may file a motion for reconsideration2) He mayfile an action for mandamus to compel the prosecutor to file suchinformation3) He may take up the matter to the Secretary of Justiceor Regional State Prosecutor, as the case maybe4) He may file acriminal charges against the prosecutor5) He may file anadministrative case against the prosecutor6) He may ask for theappointment of a new prosecutor7) He may file a civil action fordamages against the prosecutor
Probable Cause is the existence of such facts and circ*mstancesthat would lead a discreet and prudent person to believe that anoffense has been committed by the person sought to be arrestedPrimafacie evidence is one which is supported by sufficient evidence andwill support a finding in absence of evidence to controvert it
REFER TO RULES OF COURT RULE 112 for the following:1. Section 3Procedure of Preliminary Investigation2. Section 4 Resolution ofInvestigating Prosecutor and its review3. Section 5 Resolution ofInvestigating Judge and its review
Suspension of Criminal ActionGeneral Rule: No suspension ofcriminal actionExcept:a) To afford adequate protection ofconstitutional rights of the accusedb) When necessary for theorderly administration of justice or to avoid oppression ormultiplicity of actionsc) When there is a prejudicial questionwhich is sub judiced) When the acts of the officers are without orin excess of authoritye) When the prosecution is under an invalidlaw, ordinance or regulationf) When double jeopardy is clearlyapparentg) When the court has no jurisdiction over the offenseh)Where it is a case of persecution rather than prosecutioni) Wherethe charges are manifestly false and motivated by lust forvengeancej) When there is clearly no prima facie case against theaccused and a motion to quash on that ground has been deniedk)Preliminary injuction has been issued by the Supreme Court toprevent the threatened unlawful arrest of petitioner
Action to be taken by Court where a complaint or information isfiled (See Sec 6 and 7)Within 10 days from the filing of thecomplaint or information, the judge shall personally evaluate theresolution of the prosecutor and its supporting evidence. He mayimmediately dismiss the case if the evidence on the record clearlyfails to establish probable cause. If he finds probable cause heshall issue warrant of arrest, or a commitment order if the accusedhas already been arrested pursuant to a warrant issued by the judgewho conducted preliminary investigation or when the complaint orinformation was filed.In case of doubt on the existence of theprobable cause, the judge may order the prosecutor to presentadditional evidence within 5 days from notice and the issue must beresolved within 30 days from the filing of the complaint orinformation.
Action to be taken by the court before the complaint orinformation is filed (Sec 7)When an accused was lawfully arrestedwithout warrant of arrest involving an offense which requires apreliminary investigation, the court may act on the application forbail by the accused.
113: Arrest
Arrest (Sec 1) The taking of a person into custody in order thathe may be bound to answer for the commission of an offenseRestraint on persons liberty taken into custody of law when he isdeprived of his freedom of action in any significant way
Purpose: To prevent the accused from escaping while the case ispending for trial
How Made? 2 MODES: (Sec 2)1) By actual restraint of the personto be arrested; or2) By submission of the person to be arrested tothe custody of the arresting officerNo violence or unnecessaryforce shall be used in making arrest. Resorting to dangerous meansin effecting arrest is not allowed. Only necessary restraint ispermitted.
When? An arrest may be made any day or time of the day or night(No particular time)
Issuance of a WarrantA warrant of arrest can only be issued uponfiling of a written complaint or information and after the courtfinds probable cause to determine personally by the judge afterexamination under oath or affirmation of the complainant andwitnesses, in case of Municipal Trial Courts, and case of RegionalTrial Court, the judge may rely on the certification of theprosecutor found in the information.
Ground for Quashal of Warrant of ArrestUpon motion of theaccused for having been issued without probable cause
Execution of a Warrant (Sec 4)The head of the office to whom thewarrant of arrest was delivered for the execution shall cause thewarrant to be executed within 10 days from its receipt. Within 10days after the expiration of the period, the officer to wasassigned for execution shall make a report to the judge who issuedthe warrant. In case of his failure to execute it, he shall statethe reason thereof
Validity of the WarrantWarrant of arrest remains valid andeffective until it is executed or returned, quashed, lifted, setaside or recalled. The 10-day period stated in Section 4 is not thelifetime or period of enforceability of the warrant of arrest,unlike a search warrant, warrant of arrest does not become functusofficio by mere lapse of said period.
Persons authorized to make an arrest:1) Private citizen underexceptional circ*mstances2) Police officers3) Authorized officersof the National Bureau of Investigation4) Sheriff or deputy mayarrest a person cited of contempt of court5) Provincial or CityProbation Officer6) Commission of Land Transportation or hisdeputy7) Bondsman8) Commissioner of Customs9) Commissioner ofBureau of Immigration and Deportation
Duties of arresting officer: (executing the warrant of arrest)to arrest the accused and deliver him to the nearest police stationor jail without unnecessary delay To inform him of hisconstitutional rights (Miranda Rights): Right to remain silentRight to have competent and independent counsel preferably his ownchoice, and Right to be informed of those rights (Custodial Rights)If effected by a law enforcer and without a warrant (section 8) Toinform the person to be arrested of his authority Cause of hisarrestExcept: The person actually committing or attempting tocommit an offense, pursued immediately has escaped or forciblyresists before the officer has the opportunity to inform saidperson, When the giving of such information would prejudice thesuspect of his Miranda Rights or imperil the arrest Deliver to thenearest person
If effected by private individual who is allowed to arrestwithout warrant (sec 9) Inform the person to be arrested theintention to arrest him Cause of the arrest Except The person haseither committed, is actually committing, or attempting to commit,an offense and is pursued immediately after its commission or hasescaped of forcibly resist before his opportunity to inform Whenthe giving of such information would prejudice the suspect of hisMiranda Rights or such information would imperil arrest Deliver tothe nearest police station Execute an affidavit of arrest andtestify in administrative bodies in court If effected by a lawenforcer with warrant of arrest (Sec 7) Inform the accused of thecause of arrest Fact that warrant has been issuedExcept: Subjectperson (a) flee, (b) forcibly resist or escaped before the officerhas the opportunity to inform him When the giving of suchinformation would prejudice the suspect of his Miranda Rights orimperil the arrest Deliver the person to the court who issued thewarrant Make written report of the said warrant of arrest to thecourt, who will issue a commit order for the safe keeping of thearrested accused in jail
Lawful Warrantless Arrest; When?Instances wherein a peaceofficer or a private person may arrest a person without a warrantof arrest, as follows:A. 1) When in his presence, the person to bearrested has COMMITTED an offense; or2) When in his presence, theperson to be arrested is actually committing an offense; or3) Whenin his presence, the person to be arrested is attempting to commitan offense An offense is committed in the presence of within theview of an officer when an officer sees the offense, although at adistance or hear disturbances created thereby and proceeds at onceto the scene thereofb) When an offense has been in fact just beencommitted and he has personal knowledge of facts indicating thatthe person to be arrested has committed Personal knowledge of factsmust be based on probable cause which means such facts andcirc*mstances which would lead a reasonable discreet and prudentman to believe that an offense has been committed Crime must beactually committed (undisputed fact) The test of reasonable groundapplies only to the identity of the perpetratorc) When the personto be arrested is a prisoner-escape (Section 13) A warrantlessarrest may be made by police officer based on their personalknowledge culled from the information supplied by the victimherself who pointed to the suspect as the man who raped her at thetime of his arrest
Reason behind Warrantless ArrestTo hold that no criminal can, inany case, be arrested and searched without a warrant, would be toleave people in society to a large extent at the mercy ofshrewdest, the most expert and most deparaved of criminalfacilitating their escape in many instances
Consequences if arrest illegally made:1) If arrest is illegallymade by a public officer, Arbitrary Detention is committed; orarresting officer can be held liable2) If arrest was done byprivate individual and:a. The person arrested is delivered to thepolice or lawful authorities, Unlawful Arrest is committedTheperson arrested was not delivered to the police or lawfulauthorities, Illegal Detention is committed
Officers may summon assistance (sec 10)An officer making lawfularrest may orally summon as many (Private) persons as he deemnecessary to assist him in effecting the arrest. The private personso aiding the officer is considered as an agent of law, so that theforce or intimidation against him is punishable as indirectassault. Also, a private person may not be compelled to renderassistance to an arresting office in making an arrest when such aidwill cause detriment or harm to himself
Right of officer to break into and break out building: (Sec 11and 12)An officer making an arrest with or without a warrant maybreak into a building by opening a door or window provided:a) Theperson to be arrested is in the building or enclosure is reasonablebelieved to beb) The officer is refused admittancec) He hasannounced his authority and purposeWhen an officer has entered thebuilding or enclosure in accordance to the ones mentioned above, hemay break out therefrom when necessary to liberate himself
The home, therefore cannot be guaranteed as a shelter of crimeand bad faith, and for that reason, with the formalitieshereinafter enumerated, the public authorities may enter the houseof any citizen in the following cases:1) To arrest any personagainst whom a warrant of arrest has been issued2) To capture theperson of any known criminal either because of his having beencaught in flagrante delicto, or because there is a reasonableground to belive he is guilty, although no warrant for his arresthas 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 thecommission of the same and of the identity of the guilty parties5)To detect and seize all contraband articles which the subject ofstate monopolies; and6) For the purpose of attaching property
Remedies of Person Arrested Against Public Officer1) Aggrievedparty may file criminal action under Art 269 of RPC2) Aggrievedparty may file civil action under Art 32(4) of NCC3) File foradministrative sanctions under Civil Service Law4) File forcriminal sanction under RA No. 7438Failure of arresting, detainingor investigating officer to inform any person arrested, detained orunder custodial investigation of his Miranda Rights and CustodialRights shall suffer Php 6000 pesos or a penalty of imprisonment ofnot less than 8 years but not more than 10 years or both. And forany officer who obstruct, prevents or prohibits any lawyer, anymember of the immediate family of a person arrested, detained ormedical doctor or priest or religious minister from visiting andconferring privately chosen by him or any member of his immediatefamily with him shall suffer the penalty of not less than 4 yearsnor more than 6 years and a fine of Php4,000.
Right to VisitationAny member of the Philippine bar shall, atthe request of the person arrested or of another acting in behalf,have the right to visit and confer privately with such person inthe jail or any other place of custody at any hour of the day or ofthe night (if urgent cases) subject to reasonable regulations.
Custodial Investigation The questioning initiated by lawenforcement officer after a person has been into custody orotherwise deprived of his freedom of action in any significant way.The stage where the police investigation is no longer a generalinquiry into an unsolved crime buy has begun to focus on aparticular suspect who has been taken into custody by the policewho carry out a process of interrogation that leads itself toillicit incriminating statements.
Custodial Rights of the Accused1) Right against arbitrarydetention2) Right against torture, inhumane treatment3) Right toremain silent4) Right against solitary confinement5) Right to beassisted by counsel at all times or by NGO or International NGOduly accredited by the Office of the President6) Right to beinformed that anything he may say may be used against him7) Rightto privacy of correspondence and communication8) Right againstunreasonable searches and seizure9) Right to have competent andindependent counsel preferably of his own choice and be providedwith one if he cannot afford the service of counsel10) Right towaive assistance of counsel provided:a. In writingb. In thepresence of a counsel*The right of the suspect to be informed ofhis Constitutional rights cannot be waived. What may be waived isthe existence of right to remain silent and the assistance of acounsel.
Instances wherein a person need not be informed of his custodialrights1) Statement of witnesses2) Volunteered statements3)Confession given to a media practitioner4) Extra-judicial admissionof a person to be presented as state witness5) Admission in thecourse of investigation by a citizen or private securityofficer
Duty of the Investigating Officer during Custodial InvestigationTo inform the accused of his rights in a manner that theinformation be adequately transmitted to the accused and understoodby them. The degree of explanation required will necessarily vary,depending upon the education, intelligence and other relevantpersonal circ*mstance of the person under investigation. Suffice tosay that a simpler and more lucid explanation is needed where thesubject is unlettered.
Duty of the Assisting Counsel at the Custodial InvestigationMust be present from the beginning up to the end of the custodialinvestigation
Confession It is the declaration of an accused, acknowledginghis guilt of the offense charged, or of any offense necessarilyincluded therein, which may be given evidence againsthim.Requisites before Confession be Admissible in Evidence1)Confession must be express and categorical2) Given voluntarily3)Given with assistance of a competent and independent counsel4)Reduced into writing and in the language known to and understand bythe confessant5) Signed or thumb-marked by the confessant, if hedoes now know how to read and write
Exclusionary RuleAny confession or admission obtained from theaccused in violation of Section 12 (Custodial Investigation) or Sec17 (Right against self-incrimination) of the Constitution shall beinadmissible in evidence against the accused. Illegally seizeddocuments are not admissible in evidence.Except:1) Confessionexecuted before Jan 17, 1973 or 1973 Constitution took effect2) ResGaste statements statements given in administrative investigation3)Official forms prepared and accomplished in the normal cause ofaudit regularly conducted by the Commission on Audit4) Volunteeredstatement5) Statement given by the confessant to the radiopractioner6) Statement given to the TV-Media practioner7) On thescene interview8) X-ray examination of the body
114: BailBail-is the security given for the release of a personin custody of law, furnished by him or a bondsman, to guarantee hisappearance before any court as required under the conditionsspecified in Section 2, Rule 114. (sec 1) Bail is not a bar toobjections on illegal arrest, lack of or irregular preliminaryinvestigation provided that he raises them before he enters hisplea. The court shall resolve the matter as early as practicablenot less than the start of the trail of case. (Sec 26)
No person under detention by legal process shall be released ortransferred except upon order of the court or when he is admittedto BAIL. (Sec 3)Purpose: to relieve an accused from imprisonmentuntil his conviction and yet secure his appearance at the trial
Constitutional MandateAll persons, except those charged withoffenses punishable by reclusion perpetua when evidence of guilt isstrong, shall, before conviction, be bailable by sufficientsureties, or be released on recognizance as may be provided by law.The right to bail shall not be impaired even when the writ ofhabeas corpus is suspended. Excessive bail shall not required.*writof habeas corpus requires a person under arrest to be broughtbefore a judge; ensures a prisoner can be released from unlawfuldetention
Person Required to Post Bail1) Accused (Rule 114)2) MaterialWitness (Sec 11, Rule 119 & Sec 14(3), Rule 110)
Conditions of Bail (Sec 2)1) The undertaking shall be effectiveupon approval, and unless cancelled, shall remain in form at allstages of the case until promulgation of the judgement of theRegional Trial Court, irrespective of whether the case wasoriginally filed in or appealed to it;2) The accused shall appearbefore the proper court whenever required by the court or theseRulesa. During arraignmentb. During trial for identificationpurposesc. Promulgation of judgement3) The failure of the accusedto appear in the trial without justification and despite due noticeshall be deemed a waiver of his right to be present Trial inAbsentia: (Requisites of Trial in Absentia)a. The accused had beenproperly arraignedb. The accused or his counsel has been dulynotifiedc. His failure to appear was unjustified4) The bondsmanshall surrender the accused to the court for execution of finaljudgment
The bail guarantees that1) Before conviction, the accused willappear during the trial and the bond shall be effective until itspromulgation of judgment2) After conviction, the accused willsurrender to the court for the execution of final judgment. Incaseaccused fails to do so the surety will surrender the accused to thecourt for the execution of judgement
Bail, as a matter of right (Sec 4 and Sec 13, Article 3 of 1987Consti)All persons, EXCEPT THOSE CHARGED WITH OFFENSES PUNISHABLEBY DEATH, RECLUSION PERPETUA OR LIFE IMPRISONMENT WHEN THE EVIDENCEOF GUILT IS STRONG, shall, before conviction, be bailable bysufficient sureties, or be released on recognizance as may beprovided by law. The right to bail shall not be impaired even whenthe writ of habeas corpus is suspended. Excess bail shall now berequired. An accused is entitled to bail as a matter of right inthe following cases:1) Before or after conviction by the MTCs2)Before conviction by the RTD of offenses not punishable bydeath
Remedy when bail, as a matter of right, is denied1) Accused mayfile Petition for Mandamus to compel trial judge to admit theaccused to bail2) Accused may file for petition for Certiorariunder Rule 65 3) Accused may file for Petition for Habeas Corpusunder Rule 102
Bail, as a matter of discretionUpon conviction by the RegionalTrial Court of an offense not punishable by death, reclusionperpetua, or life imprisonment, admission to bail is discretionary.The application for bail may be filed and acted upon by the trialcourt despite the filing of a notice of appeal, provided it has nottransmitted the original record to the appellate court. However, ifthe decision of the trial court convicting the accused changed thenature of the offense from non-bailable to bailable, theapplication for bail can only be filed with and resolved by theappellate court. Should the court grant the application, theaccused may be allowed to continue on provisional liberty duringthe pendency of the appeal under the same bail subject to theconsent of the bondsman.If the penalty imposed by the trial courtis imprisonment exceeding six (6) years, the accused shall bedenied bail, or his bail shall be cancelled upon a showing by theprosecution, with notice to the accused, of the following or othersimilar circ*mstances:(a) That he is a recidivist,quasi-recidivist, or habitual delinquent, or has committed thecrime aggravated by the circ*mstance of reiteration; (b) That hehas previously escaped from legal confinement, evaded sentence, orviolated the conditions of his bail without valid justification;(c)That he committed the offense while under probation, parole, orconditional pardon; (d) That the circ*mstances of his case indicatethe probability of flight if released on bail; or(e) That there isundue risk that he may commit another crime during the pendency ofthe appeal.The appellate court may, motu proprio or on motion ofany party, review the resolution of the Regional Trial Court afternotice to the adverse party in either case. (5a)
Period to Post Bail (When) From the time a person is arrested ordeprived of his liberty. [the right to bail presupposes that theaccused is under legal custody] No bail after judgment ofconviction has become final and the accused has started to servehis sentence (Sec 24)
Venue for Application for BailA. Where the grant of bail is amatter of right, bail in the amount fixed by may be filled with thecourt:1) Where the case is pending; or2) With any RTC judge, MTCjudge in the (same) province, city, or municipality (where the caseis pending), in case of absence or unavailability of the judgewhere the case is pending; or3) With any RTC of the place where theaccused was arrested, if the accused is arrested in a province,city or municipality other than where the case is pending; or4) Ifno RTC judge is available at the place where accused was arrested,bail may also be filed with any MTC judge thereinB. Where the grantof bail is a matter of discretion, or the accused seeks to bereleased on recognizance, the application may ONLY be filed in thecourt where the case is pending, whether on preliminaryinvestigation, trial, or appealC. Where a person is in custody butnot yet charge in court, bail may be filed with any court in theprovince, city or municipality where he is held.
Instances where bail may be grantedA. In cases where the offensecharged is Capital Offense (Sec 6 & 7)1. No person charged witha capital offense or an offense punishable by reclusion perpetua orlife imprisonment, shall be admitted to bail WHEN EVIDENCE OF GUILTIS STRONG, regardless of stage of criminal action. 2. Burden ofproof of Evidence of Guilt is Strong: Prosecution (Sec 8)3. Acapital offense is an offense which, under the law existing at thetime of its commission and of the application for admission ofbail, may be punished by death4. The capital offenses in RPC arepunished by death now Reclusion perpetua due to abolition of deathpenalty are as follows:i. Treasonii. Qualified Piracyiii.Parricideiv. Murderv. Infanticidevi. Kidnapping and Serious IllegalDetentionvii. Arsonviii. Robbery with Homicideix. RapeB. In caseswhere the offense charge is a Non- capital Offense the accused maypply for bail:1. Before conviction by the MTCs bail as a matter ofright (sec 4)2. After conviction by the MTCs bail as a matter ofright3. Before conviction by the RTC and Sandiganbayan as a matterof right; if an offense not punishable by death, reclusion perpetuaor life imprisonment4. After conviction by the RTC andSandiganbayan as a matter of discretion; if an offense notpunishable by death, reclusion perpetua or life imprisonment (Sec5)C. Application for Bail for a case PENDING on Appeal as a matterof discretion
Instances where Bail is not required1) When the accused is ayouthful offenser2) When the accused in under probation3) When aperson has been in custody for a period equal to or more than thepossible maximum imprisonment prescribed for the offense charged4)Person charge of light felonies or violation of City or MunicipalOrdinace5) If the maximum penalty to which the accused may besentenced is distierro6) If a person is under custody for a periodequal to or more than the maximum of the principal prescribed forthe offense charged without application of the inderterminatesentence law
Petition for Bail Not EntertainedA court cannot entertain anaccused motion for bail unless he is in custody of the law orotherwise deprived of his liberty
Duties of the Prosecution when Bail is Applied forTheprosecution is duty bound to show that the evidence of guilt isstrong to justify the courts denial for bail (for cases under Sec7)
The evidence presented by the prosecution on a petition for bailto prove that the evidence of guilt is strong need not be repeatedor retaken during trial because it is automatically. However,either the prosecution or the defense may recall any witness foradditional questions except he is (1) dead, (2) outside thePhilippines, (3) unable to testify or under Rule 115 Par 1(d) ofRules of Court, (4) incapacitated to testify, and (5) cannot befound in the Philippines
Grant of bail in capital offense, without hearing theprosecution evidence, is not called for. It is an irregularity andgranting of bail is considered void.
Duties of the Court (Judge) In Case of Application of Bail forCapital Offenses punishable by death, reclusion perpetua or lifeimprisonment1) Notify the prosecutor of the hearing of theapplication for bail or require him to submit his/ herrecommendation2) Conduct a hearing of the application for bailregardless of whether or not the prosecution refuses to presentevidence to show that the guilt of the accused is strong for thepurpose of enabling the court to exercise it sound discretion3)Decide whether the evidence of guild of the accused is strong basedon the summary of the evidence of the prosecution4) If the guilt ofthe accused is not strong, discharge the accused upon the approvalof the bail bond. Otherwise, petition should be denied.5) Issue anorder containing a summary of evidence presented by the prosecutionand defense, if any.
Guidelines for the Amount of BailWho shall fix? JudgePrincipalFactor be considered: Probability of the appearance of the accusedor his flight to avoid punishmentReasonable amount of bailconsidering primarily, but not limited to, the following factors:a)Financial ability of the accused to give bailb) Nature andcirc*mstance of the offensec) Penalty for the offense chargedd)Character and reputation of the accusede) Age and health of theaccusedf) Weight of the evidence against the accusedg) Probabilityof the accused appearing the trialh) Forfeiture of baili) The factthat the accused was fugitive from justice when arrestedj) Pendencyof other cases where the accused is on baolk) Excessive bail is notrequired
Increase or reduction of bailAfter the accused is admitted tobail, the court may, upon good cause, either increase or reduce itsamount. When increased, the accused may be committed to custody ifhe does not give bail in the increased amount within a reasonableperiod. An accused held to answer a criminal charge, who isreleased without bail upon filing of the complaint or information,may, at any subsequent stage of the proceedings and whenever astrong showing of guilt appears to the court, be required to givebail in the amount fixed, or in lieu thereof, committed to custody.(20a)
Release on BailThe accused must be discharged upon approval ofthe bail by the judge with whom it was filed in accordance withSection 17 of this Rule (Bail, where filed).When bail is filed witha court other than where the case is pending, the judge whoaccepted the bail shall forward it, together with the order ofrelease and other supporting papers, to the court where the case ispending, which may, for good reason, require a different one to befiled. (19a)
Duties of a Bondsman He takes charge of and absolutely becomesresponsible for the accuseds custody It is his inevitableobligation, not a right, to keep the accused at all times under hissurveillance, in as much as the authority emanating from hischaracter as surety is no more or less than the Governmentsauthority to hold the said accused under preventive imprisonmentThe undertaking of the bondsman covers 3 stages: During trialDuring promulgation of judgment; and The execution of sentenceAfter the execution of sentence or judgment, the bondsman isreleased from his responsibility and entitled to the surety hesubmitted for bail bond In cases of forfeiture of bail
Forfeiture of BailIf the accused fails to appear when he isrequired by the court and the bondsman, counsel and accused wasduly notified of the given date and time, his bail shall bedeclared forfeited and the bondsmen, within 30 days, must:(a)produce the body of their principal or give the reason for hisnon-production; and(b) explain why the accused did not appearbefore the court when first required to do so.Failing in these tworequisites, a judgment shall be rendered against the bondsmen,jointly and severally, for the amount of the bail. The court shallnot reduce or otherwise mitigate the liability of the bondsmen,unless the accused has been surrendered or is acquitted. (21a)
Modes of Cancellation of Bailbond1) Upon application of thebondsman:a. Upon surrender of the accusedb. Upon proof of death ofthe accused2) Automatic cancellation of bail such as:a. Uponaquital of the accusedb. Upon dismissal of the casec. Uponexecution of the judgement of conviction3) Forfeiture of Bail (seeabove) Confiscation of Bail
Four Types of Bail Bond1) Corporate Surety Bond or Bail Bond2)Property Bond3) Cash Bond4) Recognizance
Corporate Surety Bond Is an obligation given by the accused withone or more sureties on one side and the state on the othercondition upon performance by the accused of such acts as he may belegally required to perform by the courtCorporate Surety Anydomestic or foreign corporation, licensed as a surety in accordancewith law and currently authorized to act as such, may provide bailby a bond subscribed jointly by the accused and an officer of thecorporation duly authorized by its board of directorsRequisites forthe Acceptance of Surety Bond:1) Photocopy of the certificationissued by the SC, accompanied by the photocopies of the receiptspayment by the surety company of the requisite fee of the SC, isattached to the bond2) Certificate of the Clerk of Court of theRegional Trial Court where the case is filed and pending showingthat the bonding company does not have any pending obligations orliabilities to the government, consisting of writ of executionand/or confiscated bonds in criminal cases and that boondingcompany was issued certificate of authority by the InsuranceCommission and has updated its obligations3) Certificate ofAuthority issued by the Insurance Commissioner4) Photographs of theaccused
Property BondA property bond is an undertaking constituted aslien on the real property given as security for the amount of thebail. How Posted?Within ten (10) days after the approval of thebond, the accused shall cause the annotation of the lien on thecertificate of title on file with the Registry of Deeds if the landis registered, or if unregistered, in the Registration Book on thespace provided therefor, in the Registry of Deeds for the provinceor city where the land lies, and on the corresponding taxdeclaration in the office of the provincial, city and municipalassessor concerned. Within the same period, the accused shallsubmit to the court his compliance and his failure to do so shallbe sufficient cause for the cancellation of the property bond andhis re-arrest and detention. (11a)Qualifications of sureties inproperty bondThe qualifications of sureties in a property bondshall be as follows:(a) Each must be a resident owner of realestate within the Philippines; (b)Where there is only one surety,his real estate must be worth at least the amount of theundertaking;(c) If there are two or more sureties, each may justifyin an amount less than that expressed in the undertaking but theaggregate of the justified sums must be equivalent to the wholeamount of the bail demanded.
In all cases, every surety must be worth the amount specified inhis own undertaking over and above all just debts, obligations andproperties exempt from execution. (12a)
Justification of suretiesEvery surety shall justify by affidavittaken before the judge that he possesses the qualificationsprescribed.He shall describe the property given as security,stating the nature of his title, its encumbrances, the number andamount ofOther bails entered into by him and still undischarged,and his other liabilities. The court may examine the sureties uponoath concerning their sufficiency in such manners it may deemproper. No bail shall be approved unless the surety is qualified.(13a)
Cash Bond Cash amount of bail fixed by court The money depositedshall be considered as bail and applied to the payment of fine andcosts while the excess, if any, shall be returned to he accused orto whoever made the deposit. (14a)Where to deposit?The accused orany person acting in his behalf may deposit in cash with thenearest collector of internal revenue or provincial, city, ormunicipal treasurer the amount of bail fixed by the court, orrecommended by the prosecutor who investigated or filed thecase.Requirements:1) The official receipt or Certificate of depositof the amount of bail fixed by court; and2) The writtenundertaking, executed by the accused containing all the conditionscontained in Section 2, Rule 114 of the Revised Rules onProcedure
Recognizance The court may release a person in custody on hisown recognizance or that of a responsible person Defined as anobligation of record entered into before some court or magistrateduly authorized to take it, with the condition to do someparticular act, the most usual condition in criminal cases beingthe appearance of the accused for trial; a contract between thesureties and the State for the production of the principal at therequired timeMay be allowed in the following instances:1) Thecharge against the accused is for violation of a municipal or cityordinance, alight felony or a criminal offnse prescribed penaltyfor which is not higher than 6 months imprisonment or a fine ofPhp2000 or both under Recognizance Law (RA6036). Provided theaccused has established, to the satisfaction of the court, theinability to post the required cash or bail bond;2) When theaccused has been in custody for a period equal to or more than thepossible maximum imprisonment of the offense charged to which hemay be sentenced;3) At the discretion of the court, if the accusedhas been in custody for a period equal to or more than the minimumof the principal penalty prescribed for the offense charged,without applying the Indeterminate Sentence Law or any modifyingcirc*mstances and4) At the discretion of the court, and upon therecommendation of the DSWD or other agency/ies, if the accused is ayouthful offender (Over 9 but under 18) at the time of thecommission of the offense charged, in whch case, the accused may bereleased on his own recognizance or to the custody of his parentsor of a suitable person who shall be punishable for the appearanceof the accused.115: Rights of the Accused [at trial]1.Right to bepresumed innocent Constitutional presumption Prosecution mustovercome with contrary proof beyond reasonable doubt Presumptionmust prevail unless overturned by competent and credible proof
2.Right to be informed of the nature and cause of accusationagainst him Constitutional Right Accused should be given thenecessary date as to why he is being proceeded against An accusedcannot be convicted of a crime higher than he is charged at thecomplaint or information and tried BUT he may be convicted of alower offense that charged in the complaint or information underthe Rule on Variance between allegation and proof The complaint orinformation must be in writing charging a person with an offense(Sec 4 of 110). It cannot charge more than 1 offense except whereexisting laws prescribe a single punishment for various offenses,otherwise the accused may move to quash the information (Sec 13 of110). If the information is vague the accused is entitled to movefor bill of particulars (Sec 9 of 116), so that he may be fullyinformed of the charge against hi,.3.Right to be PRESENT, toDEFEND, and to COUNSEL Substantive right; may be waived Exercisedat every stage of the proceeding (from arraignment to promulgationof the sentence
Right to be Present An accused may waive his presence at trialexcept when his presence is specifically required by the court ofby the Rules of Court for the purpose of his identification by thewitnesses except when he stipulations and admit his identity duringthe pretrial that he is the person named as the accused in the caseon trial The presence of the accused becomes an obligation or aduty and therefore indispensable during: arraignment, at the trialfor the purpose of identification, and at the promulgation ofjudgement 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 followingrequisites are present:1. The accused was duly notified;2. Theaccused had been arraigned; and 3. His failure to appear therein isunjustified- the court has the duty to rule upon the evidencepresented in court and need not to wait for the accused to appearor be in custody- after the trial in absentia, the court can renderjudgement in the case and promulgation may be made by simplyrecording the judgement in the criminal docket with a copy thereofserved upon his counsel, PROVIDED that the notice requiring him tobe present at the promulgation is served through his bondsman orwarden and counsel- for an accused NOT IN CUSTODY of the law, hisnon-appearance constitutes waiver to be right to be present onlyfor the trial set on the particular date- for an accused who is INCUSTODY and later on ESCAPES, waives his right on all subsequenttrial dates until his custody is regained.
Right to Counsel (Rule 115; Section 12 (1), Art III of 1987Consti) An accused has the right to competent counsel of his ownchoice at the trial from the arraignment to promulgation ofjudgment The right to counsel does not cover the police line-up forit is not part of custodial investigation and the suspect is notyet held to answer criminal offense It is the duty of the court togive counsel de officio as counsel of an accused who cannot affordduring arraignment. The counsel de officio shall be given anopportunity to study the case to enable him to effectivelyrepresent the accused
4.Right to testify as a witness in his own An accused person hasthe right to testify as a witness in his own behalf but subject tocross-examination on matters covered by direct examination Hissilence and refusal to testify shall not prejudice him and cannotbe construed as an admission of guilt
5.Right against self-incrimination (Right to exempt fromtestimonial compulsion) No person shall be compelled to be awitness against himself The prosecution must prove its case withoutthe help of the accused Prohibition against oral examination ortestimonial self-incrimination Not on MECHANICAL ACTS (Bloodsample, photographing, etc) and where evidence sought is an OBJECTEVIDENCE Substantial right; may be waived voluntarily,intelligently and claimed6.Right to confront and cross-examinewitnesses against him at the trial Substantial Right(Cross-examine) Purposes: The chief purpose of confrontation is tosecure the opportunity for cross-examination Second, to allow toobserve the deportment and appearance of the witness whiletestifying Affidavits, med certs, sworn statements are inadmissiblein evidence unless the person who prepared the documents ispresented as witness to be confronted and cross-examinedTestimonies without cross-examination are considered hearsays andinadmissible in evidence. In trial in absentia of the accused, itmeans the accused has waived his right to meet the witnesses faceto face.
7.Right to have compulsory process to secure attendance ofwitnesses and production of evidence in his behalf Courts have theinherent power to compel the attendance of persons to testify in acase pending therein through SUBPOENA If a witness failed to appearin court despite duly served subpoena, the court cite him forcontempt of court or arrested, if necessary. VIATORY RIGHT - whereone is excused from appearance before the court if he residesmorethan 100km from the place of trial; can only be exercised at aCIVIL CASE!
8.Right to have a SPEEDY, IMPARTIAL, and PUBLIC TRIALRight toSpeedy a trial that can be had as soon as possible, after a personis indicted and within such time as the prosecution with reasonablediligence, could prepare for it. The trial should be free fromvexation, capricious and oppressive delay. Starts from the time theinformation is filed No deprivation when delay in trial was due tohis motion for postponement Purpose: To assure an innocent personmay be freed from anxiety and expense of court litigation or if,otherwise, of having his guilt determined within the shortestpossible time compatible with the presentation and consideration ofwhatever legitimate defense he may interpose Remedies: HABEASCORPUS under Rule 102 of Rules of Court. If the accused wasretrained of his liberty, CERTIORARY (Rule 65), PROHIBITION orMANDAMUS. Dismissal of the case Factors to be considered todetermine the right to speedy is violated: Length of delay Reasonof delay Assertion of the right of the accused Prejudicial to theaccused
Right to Impartial the trial implies an absence of actual biason the part of the judge. The judge must act in a manner completelyfree from suspicion as to its fairness and as to integrity
Right to Public Trial every person who wanted to may be inclinedto watch, in all cases, as permitted to attend the trial The courtmay exclude the public from the court room if the evidence to bepresented during the trial is of such character as to be offensiveto the decency or public morals
9.Right to appeal Statutory right; may be waived May beexercised in the manner and in accordance with the provision of thelaw
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