Criminal Procedure - Overview

Question 1

How is a criminal action instituted?

Answer 1

There are two ways:
1.) If it requires preliminary investigation, then it is instituted upon the filing of the complaint before the prosecutor’s office.

2.) If it does not require preliminary investigation, then it is instituted upon the filing of the complaint before the court (in province) or before the prosecutor’s office (in chartered cities).

Question 2

What are those cases that requires preliminary investigation?

Answer 2

Offenses where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day.

Question 3

What is the effect of the institution of criminal action on prescriptive period?

Answer 3

It interrupts the prescriptive period.

Except:
(1) Violations of ordinance
(2) Cases covered by the rules of summary proceedings

Question 4

What are the rules on prescription for violations of municipal ordinances and special laws?

Answer 4

In so far as violation of ordinances, interrupted by the filing of an information in Court.

Question 5

How are private crimes prosecuted?

Answer 5

Private crimes can only be prosecuted by the filing of the case by the offended party.

Question 6

What are the requirements for the sufficiency of the complaint or information?

Answer 6

The information must contain:
(1) Name of the accused
(2) Designation of the offense given by law
(3) Acts or omission complained
(4) Name of the offended party
(5) Approximate date of the commission of the offense
(6) Place where the offense was committed

Question 7

What is the purpose that the information or complaint must be sufficient?

Answer 7

To inform the accused of the nature and cause of the offense charged.

Question 8

What is the remedy if the information is insufficient?

Answer 8

File a motion to quash on the following grounds:
(1) Facts charged do not constitute an offense
(2) Information does not conform substantially to the prescribed form
(3) Officer who filed the information does not have the authority to file the same
(4) Lack of jurisdiction of the court over the subject matter or person of the accused

Question 9

If the information do not appear that it is approved by the city/provincial/chief prosecutor, is the information defective?

Answer 9

This is a formal defect and may be valid as long as the resolution of the investigating prosecutor recommending the filing of the same bears the signature of the city/provincial/chief prosecutor.

A motion to quash may be filed, and can be waived if the same is not filed.

Question 10

What are the requirements for the designation of the offense in the information?

Answer 10

Qualifying and aggravating circumstance must be alleged therein, specifically describing the facts constituting such circumstances. It must not allege conclusions of law, but rather facts. However, this defect is waivable if the accused do not raise any objection.

Question 11

What if the qualifying or aggravating circumstances is not alleged in the information and the prosecution presents evidence without objection from the accused?

Answer 11

Even if proven during trial, Courts cannot appreciate the qualifying and aggravating circumstances as this violates the constitutional right of the accused to be informed of the nature and cause of the offense charged against him.

Question 12

What are the remedies if the information in so far as the qualifying or aggravating circumstances therein do not state the ultimate facts relative to such circumstances?

Answer 12

You may:
(1) File a motion to quash the information on the ground that it do not conform substantially to the prescribed form.

(2) File a motion for a bill of particulars to specify the alleged defects of the information or complaint.

Question 13

When can we say that the information charges an offense?

Answer 13

The facts alleged establish the essential elements of the offense.

Question 14

Where should action for criminal cases be instituted?

Answer 14

Generally, where the crime or any of its essential elements is committed.

Question 15

What is the rule regarding amendment or substitution of the information?

Answer 15

General Rule: Prior to arraignment, the prosecution may amend the information as to form or substance.

Exception: If the amendment is to downgrade the offense or exclude one of the accused, it must be done in leave of court and with notice to the accused.

After arraignment, only formal amendments can be made as long as this does not prejudice the rights of the accused, does not change the nature of the offense, and does not deprive the accused of a defense that was otherwise available to him on the original information.

Question 16

What are the elements of a prejudicial question?

Answer 16

The elements of a prejudicial question are:
(1) The previously instituted civil action involves an issue similar or intimately related to the issue raised in the criminal action. In other words, the civil action is filed before the criminal action.

(2) Resolution of such issue determines whether or not the criminal action may proceed. If the civil action do not determine the guilt or innocence of the accused, the motion for suspension of arraignment on the ground of prejudicial question must not be granted.

Question 17

What is an in flagrante delicto arrest? What are its requisites?

Answer 17

In flagrante delicto arrest is when in the presence of the arresting officer, the person to be arrested is about to commit, is actually committing, or is attempting to commit a crime.

It’s requisites are:
(1) The accused must have committed an overt act that has some relation to the crime for which the accused was arrested.
(2) The overt act is done within the view of the arresting officer.

Question 18

What is a hot pursuit arrest? What are its requisites?

Answer 18

A hot pursuit arrest is when a crime has just been committed, and the arresting officer has personal knowledge based on the facts and circumstances that the person to be arrested has committed the crime.

It’s elements are:
(1) An offense has just been committed, and there is no considerable lapse of time in making the arrest.
(2) The arresting officer has personal knowledge based on the facts and circumstances that the person to be arrested is the one who committed the offense.

Question 19

What is the effect of illegal arrest on the jurisdiction of the court?

Answer 19

There is a defect on the jurisdiction of the court over the person of the accused. The illegality of the arrest cannot be the basis of acquittal. It will not negate the validity of the conviction of the accused.

Question 20

What is the effect of admission to bail on objection to illegal arrest?

Answer 20

The accused can still challenge the validity of the arrest even if he posted bail provided that he raises his objection before arraignment.

Question 21

What is the effect if the accused enters his plea without questioning the illegality of the arrest?

Answer 21

This is a waiver of the illegality of the arrest. But in so far as the admissibility of evidence obtained in the illegal arrest is concerned, the waiver do not extend to it.

Question 22

When is bail a matter of right?

Answer 22

Bail is a matter of right when:
(1) Before or after the conviction by the first level courts.
(2) Before the conviction of the Regional Trial Court of an offense not punishable by reclusion perpetua or life imprisonment.

Question 23

When is bail a matter of discretion?

Answer 23

Upon conviction by the Regional Trial Court of an offense not punishable by reclusion perpetua or life imprisonment. This application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Question 24

If bail is a matter of discretion, what is the procedure?

Answer 24

The accused must file a motion for bail, and summary hearing will be held, where the prosecuting officer will present evidence that the guilt of the accused is strong.

Question 25

Where should a motion to post bail be filed after conviction of the Regional Trial Court?

Answer 25

The application for bail may be:
(1) Filed in the Regional Trial Court as long as the records are still in the RTC.
(2) Filed before the Appellate Court if the Regional Trial Court convicts a non-bailable to bailable offense.

Question 26

Where is bail filed?

Answer 26

Bail may be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with any court therein.

If accused is arrested on another place other than where the case is pending, he may file bail on any court therein. Even if he not yet charged in court.

If bail is granted as a matter of discretion or recognizance, bail may only be filed where the case is pending.

Question 27

What is the rule with regards to the application for bail in recognizance?

Answer 27

Release on recognizance means that any person in custody who cannot post bail due to poverty may be given temporary liberty by placing them under the custody of a qualified member of the barangay, city or municipality where the accused resides.

Question 28

What are the rights of the accused?

Answer 28

(1) Presumption of innocence until proven beyond reasonable doubt.
(2) To be informed of the nature and cause of the accusation against him.
(3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
(4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination.
(5) To be exempt from being compelled to be a witness against himself.
(6) To confront and cross-examine the witnesses against him at the trial.
(7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
(8) To have speedy, impartial and public trial.
(9) To appeal in all cases allowed and in the manner prescribed by law.

Question 29

What is custodial investigation? What is the rule?

Answer 29

It is any questioning initiated by law enforcement officers after a person has been taken into custody, or otherwise deprived of his freedom of action in some significant way. It starts when the investigation is no longer a general inquiry, and has begun to focus on a particular suspect taken into custody. The interrogation propounds questions to the person to elicit incriminating statements.

If accused is under custodial investigation, Miranda rights only apply. Any admission of the accused during custodial investigation, and there is violation of the Miranda rights (such as not being assisted by counsel), such admission cannot be used against the accused. This also applies to certain pre-trail proceedings such as preliminary investigation or inquest proceedings where the accused is subjected to the State’s processes, which could be intimidating and relentless.

If not under custodial investigation, any admission may be admitted against the accused.

Question 30

Is a police line up a custodial investigation?

Answer 30

A police line up is not a part of custodial investigation, since the accused is not yet being investigated. If the accused has already been pointed, the investigation ceases to be a general inquiry.

Question 31

What are the options of the accused before arraignment?

Answer 31

Before arraignment, the accused may:

(1) File a motion for bill of particulars
(2) File a motion for suspension of arraignment
(3) File a motion to quash
(4) Challenge the absence of preliminary investigation

Question 32

What is the purpose of a motion for bill of particulars?

Answer 32

The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and to prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired.

Question 33

What are the grounds for motion to quash?

Answer 33

(1) That the facts charged do not constitute an offense (Not waivable, can still filed even after arraignment, or for the first time on appeal)
(2) That the court trying the case has no jurisdiction over the offense charged (pertains to the subject matter, not waivable)
(3) That the court trying the case has no jurisdiction over the person of the accused (Waivable)
(4) That the officer who filed the information had no authority to do so (Waivable)
(5) The information does not conform substantially to the prescribed form (Waivable)
(6) That more than one offense is charged except when a single punishment for various offenses is prescribed by law (Waivable)
(7) That the criminal action or liability has been extinguished (Not waivable)
(8) That it contains averments which, if true, would constitute excuse or justification (Not waivable)
(9) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent (Not waivable)

Question 34

What are the requisites of plea of guilty to a lesser offense?

Answer 34

At arraignment, the accused may enter a plea of guilty to a lesser offense. It’s requisites are:
(1) The lesser offense is necessarily included in the offense charged.
(2) The plea must be with the consent of both the offended party and the prosecutor.

Question 35

May a plea of guilty to a lesser offense be made after the prosecution rested its case?

Answer 35

It may also be considered during trial proper or even after the prosecution has finished presenting its evidence and rested its case, even if plea bargaining was not made during pre-trial.

Question 36

What is the guideline concerning a plea of guilty to a capital offense?

Answer 36

The court must afford the prosecution an opportunity to present evidence as to the guilty of the accused and the precise degree of his culpability.

At the trial stage, if the plea of guilty to a capital offense is supported by proof beyond reasonable doubt, the trial court shall enter a judgement of conviction. Otherwise, a judgement of acquittal shall be entered. The same goes if the prosecution fails to present any evidence.

At the appeal stage, when accused is convicted of a capital offense on the basis of his plea of guilty, whether improvident or not, and proof beyond reasonable doubt was established, the judgement of conviction shall be sustained.

Question 37

What are the requisites for double jeopardy?

Answer 37

(1) Valid complaint or information
(2) Competent court
(3) Valid plea entered by him
(4) Acquittal or conviction of the accused, or the dismissal or termination of the case against him without his expressed consent.

Question 38

What are the rules of dismissal of criminal action with regards to double jeopardy?

Answer 38

(1) Provisional Dismissal - No double jeopardy since the dismissal is with the consent of the accused.
(2) Dismissal for insufficiency of evidence - Double jeopardy
(3) Dismissal for violation of speedy trial - Double jeopardy
(4) Dismissal because information was quashed - No double jeopardy, since there was no arraignment yet, unless the motion to quash was on the ground of double jeopardy
(5) Withdrawal of information - If withdrawn before arraignment, no double jeopardy. If withdrawn after arraignment, it depends if the withdrawal is with the consent of the accused or not.

Question 39

What are the grounds that you can file for the dismissal of the criminal action?

Answer 39

(1) Demurrer to evidence
(2) Right to a speedy trial
(3) Dismissal as state witness

Question 40

What is demurrer to evidence? How is it filed?

Answer 40

After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court.

If filed with leave of court, the accused may present adduce evidence in his defense. If without leave of court, he waives this right and presents the case for judgement.

Question 41

What are additional rules wherein there is no double jeopardy?

Answer 41

(1) The offense developed into a much graver offense due to supervening facts arising from the same act or omission constituting the former charge.

(2) The facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information.

(3) The plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party.

Question 42

What is the rule regarding the application for examination of witness for the accused before trial?

Answer 42

If the witness is either (1) sick or infirm to attend the trial, (2) resides 100 kilometers from the place of trial, with notice to the other parties, take the testimony of the witness before the court where the trial is pending.

Question 43

What is the rule regarding the application for examination of defense witness?

Answer 43

The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein.

Question 44

What if a material witness refuses to testify?

Answer 44

When a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken.

Question 45

What is the rule regarding the application for examination of witness for the prosecution?

Answer 45

If the witness is too sick or infirm or has to leave the Philippines with no definite date of returning. In the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial.

Question 46

Can civil liability be awarded despite acquittal?

Answer 46

Yes. In case the judgement is acquittal, it shall state whether the evidence of the prosecution absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt. In either case, the judgement shall determine if the act or omission from which the civil liability might arise did not exist.

Question 47

What are the instances where acquittal does not exempt the accused from civil liability?

Answer 47

(1) The acquittal is based beyond reasonable doubt.
(2) Where the court declared that the liability of the accused is only civil.
(3) Where the civil liability of the accused does not arise from or is not based upon the crime of the accused was acquitted.

Question 48

What if there is a variance between the allegation and proof?

Answer 48

When there is variance between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessary includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved.