CRIMINAL PROCEDURE

Syllabus GENERAL PRINCIPLES Criminal jurisdiction, defined Pp v. Mariano, 71 SCRA 660 Lumpay v. Moscoso, 105 Phil. 568 Law that governs the application of jurisdiction over the offense or subject matter Buaya v. Polo, 169 SCRA 471 Other factors that determine the jurisdiction of the court over the subject matter Republic v. Asuncion, 231 SCRA 211 Llorente v. Sandiganbayan, January 19, 2000 Sandiganbayan: salary grade as basis of determining jurisdiction Lllorente v. Sandiganbayan, January 19, 2000 Jurisdiction over the person of the accused; concept of Santiago v. Ombudsman, 217 SCRA 633 Palma v. CA, 232 SCRA 714 Filing of bail/motion for bail not considered waiver of jurisdiction over the person of the accused Go v. CA, GR no. 101837, February 11, 1992 CRIMINAL PROCEDURE PROPER Prosecution of Offenses, Rule 110 In case of conflict between designation of offense and allegations Pp v. Banihit, August 25, 2000 Pp v. Reanzares, June 29, 2000 Reason for the rule in requiring that all elements comprising the offense be incorporated in the information or complaint Pp. v. Tao, GR no. 133872, May 5, 2000 Pp. v. Barrientos, 285 SCRA 221, 244-25 (1998) Scope of the act/omission subject of the complaint or information Pp. v. Torrecampo, GR no. 139297, February 23, 2004 Reason for the incorporation of qualifying or aggravating circumstances in the complaint/information Pp. v. Espejon, February 20, 2002 Pp. v. Lavador, February 20, 2002 Qualifying and aggravating circumstances, how alleged Pp. v. Gario Alba, January 29, 2002 Pp. v. Mauricio, February 8, 2001 Pp. v. Juan, GR no. 152289, January 14, 2004 Exact date of the commission of a crime when not necess ary for validity of information Pp. v. Rolly Espejon, February 20, 2002 Pp. v. Castillo, July 5, 2000 Pp. v. Santos, GR no. L-131103, June 29, 2009 Exact date of the commission of the offense, when essential Pp. v. Alvero, GR no. 134536, April 5, 2000

 Pp. v. Ladrillo, December 8, 1999 Rule giving control and supervision to the prosecutor Crespo v. Mogul, June 30, 1987 Instances when an injunctive writ may be issued as exception to the rule Neither an injunction, preliminary or final nor a writ of prohibition may be issued to restrain a criminal prosecution Hernandez v. Albano, 19 SCRA 95 Fortun v. Labang, 104 SCRA 607 Brocka v. Enrile, 192 SCRA 183 Sangalang v. Pp., 109 Phil. 1140 Salonga v. Puno, 134 SCRA 438 Samson v. Guingona, December 14, 2000 Tirol v. COA, August 3, 2000 When a writ of certiorari available in criminal actions Fuentes v. Sandiganbayan, GR no. 164664, July 20, 2006 Limitation on the prosecutors power of direction and co ntrol Crespo v. Mogul, June 30, 1987 Motion for reinvestigation after filing of the information Pp. v. Odilao, GR no. 155451, April 16, 2004 Velasquez v. Tuqueo, February 15, 1990 Restraint of criminal prosection; general rule; exception Pp. v. Camilon, 192 SCRA 445 Mere filing of sworn statement, when sufficient Pp. v. Sunpangco, June 30, 1988 Locus standi or legal capacity to sue; meaning of Teves v. Vamenta, December 26, 1984 Failure to sign the complaint/infoemation not a factor on the jurisdiction of the court to try the case Pp. v. Tanabe, 166 SCRA 360 Pp. v. Bugtong, 169 SCRA 797 Effect of death of offended spouse after filing of the complaint Teves v. Vamenta, December 26, 1984 Duplicitous information valid Pp. v. Honra, GR no. L-136012, September 26, 2000 Effect of failure to move to quash before plea Pp. v. Espejon, February 20, 2002 Delito continuado (continuing offenses; the rule on duplicity of offenses; meaning of) Santiago v. Garchitorena, December 2, 1993 Test whether an amendment is formal or not Gabionza v. CA, March 30, 2001 Poblete v. Sandoval, GR no. 150610, March 25, 2004 Amendment downgrading the nature of the offense or excluding an accused; requirements Dimatulac v. Villon, 297 SCRA 67 Prosecution of Civil Action, Rule 111 Offended party, when barred from intervening in the prosecution of the criminal action

 Dichavez v. Apalit, June 8, 2000 An offense causes two (2) classes of injuries; general rule DMPI v. Velez, GR no. 129282, November 29, 2001 Effect of acquittal of the accused on the civil action Sanchez v. Far East Bank, GR no. 155309, November 15, 2005 Tupaz v. CA, GR no. 145578, November 18, 2005 Award of civil liability in case of acquittal in the same proceeding Visconde v. IAC, 149 SCRA 226 Ligon v. Pp., 152 SCRA 419 Doralla v. CFI, April 26, 1991 Reservation to file a civil action; when not necessary Phil. Rabbit Lines v. Pp., GR no. 147703, April 14, 2004 Consolidation of independent civil action with the criminal action, when allowed Cojuangco v. CA, November 18, 1991 Death of the accused pending review of the case extinguishes both civil and criminal liability Bayotas v. CA, 226 SCRA 234 Mansion Biscuits Corp. v. CA, 250 SCRA 195 Death of the accused after final judgment has been rendered; enforcement of judgment Paredes v. Meya, 61 SCRA 527 Criminal action against an employee; effect on employer Meralco v. Chavez, 31 Phil. 47 Pp. c. Reyes, April 3, 2000 Franco v. IAC, October 5, 1989 Prejudicial question; nature and concept Te v. CA, November 29, 2000 First Holdings Producers, Inc. v. Luis Co, GR no. 139655, July 27, 2000 Civil action for declaration of documents and for damages do not constitute a prejudicial question Ching v. CA, April 27, 2000 Condition precedent re: prejudicial question Beltran v. Pp., June 20, 2000 Prejudicial question in a criminal case of bigamy Te v. CA, GR no. 126746, November 29, 2000 Preliminary Investigation, Rule 112 Preliminary investigation; purpose Pp. v. Cruz, June 27, 1994 Cabahug v. Pp., February 5, 2002 Duty of officials conducting preliminary investigation Cabahug v. Pp., February 5, 2002 Right to preliminary investigation; nature of Villaflor v. Gozon, January 16, 2001 Yusop v. Sandiganbayan, February 22, 2001 Doromal v. Sandiganbayan, September 7, 1989 Go v. CA, February 11, 1992 Waiver of the right to preliminary investigation Pp. v. Hubilo, 220 SCRA 389 (1993) Pp. v. Palijon, October 18, 2000, GR no. L-123545

 Toralba v. Sandiganbayan, 230 SCRA 33 When no preliminary investigation was conducted; remedy Pilapil v. Sandiganbayan, April 7, 1993 Paredez v. Sandiganbayan, 193 SCRA 464 Preliminary investigation, when may be conducted ex parte Mercado v. CA, July 5, 1995 Absence of preliminary investigation, effect on the information filed; duty of the court Sanchez v. Demetriou, November 8, 1993 Romualdez v. Sandiganbayan, May 16, 1995 Pp. v. Gomez, 117 SCRA 72 Pp. v. Deang, GR no. L-128045, August 24, 2000 Pp. v. Madraga, GR no. L-129299, November 15, 2000 Uy v. Sandiganbayan, March 20, 2001 Is the accused entitled to another P.I. in case the original information is amended? Teehankee v. Madayag, March 6, 1992 Cruz v. Sandiganbayan, February 26, 1991 Delay in the conduct of P.I.; effect of Tatad v. Sandiganbayan, March 21, 1988 Gonzales v. Sandiganbayan, July 6, 1991 Reversal of resolution by the SOJ; effect of Crespo v. Mogul, June 30, 1987 After P.I. and corresponding complaint or information; issuing of warrant of arrest Lim v. Felix, February 19, 1991 Enrile v. Salazar, 186 SCRA 217 In case of doubt on the existence of probable cause Odilao v. Pp., GR no. 155451, April 14, 2004 Arrest, Search and Seizure, Rules 113 and 126 Probable cause; nature and concept Pp. v. CA, GR no. 126005, January 21, 1999 Allado v. Diocno, 232 SCRA 192 Quintero v. NBI, 162 SCRA 467 Pp. v. Malmsted, 198 SCRA 40 Determination of probable cause Paper Industries Inc. v. Asuncion, May 19, 1999 Pp. v. Estrada, September 25, 1998 Multifactor-balancing test Pilapil v. Sandiganbayan, April 7, 1993 Determination of probable cause; nature of Pp. v. Villanueva, 110 SCRA 465 Placer v. Villanueva, 126 SCRA 463 Soliven v. Makasiar, 167 SCRA 393 Sufficiency test Prudente v. Dayrit, GR no. 82870, December 14, 1989 Warrant of arrest, lifetime Mamangon v. CFI, August 30, 1990 Arrest in flagranre delito; nature and concept of Pp. v. Chualto San, June 17, 1999

 Warrantless arrest: when valid; invalid Pp. v. Galvez, 355 SCRA 402 Pp. v. Tangliben, 184 SCRA 22 Posadas v. CA, August 2, 1990 Pp. v. Martil Jr., August 20, 1990 Pp. v. Lo Ho Wing, January 21, 1991 Pp. v. Mamsted, 198 SCRA 401 Pp. v. Amminudin Anih, 163 SCRA 402 Lapse of considerable time between alleged commission of the offense and the time of the arrest; effect of Pp. v. Del Rosario, April 14, 1999 Sanchez v. Demetriou, November 9, 1993 Pp. v. Kimura, GR no. 130805, April 27, 2004 Invalidity of an arrest, effect of; when to raise Pp. v. Copio, GR no. L-133925, November 29, 2000 Pp. v. Madraga, GR no. L-129299 Pp. v. Palijon, GR no. L-123545 Search warrant, when may be issued Nolasco v. Puno, October 8, 1985 Peudon v. CA, November 16, 1990 Columbia Pictures v. CA, June 29, 1993 Corro v. Lising, 137 SRA 54 Search warrant; nature and concept of Kenneth v. Taypin, 331 SCRA 697 Application for search warrant, where filed Malaloan v. CA, 232 SCRA 249 Search warrant; lifetime of Mustang Lumber v. CA, 257 SCRA 430 Warrantless search and seizure Pp. v. Aruta, 288 SCRA 626 Pp. v. Valdez, March 3, 1999 Stop and frisk doctrine; nature and concept of Manalili v. CA, 280 SCRA 400 Pp. v. Mengote, August 2, 1990 Aniag Jr. v. Comelec, 237 SCRA 424 Warrantless search in checkpoints; scope Valmonte v. De Villa, GR no. 83988, September 29, 1989 Miranda warning Pp. v. Naag, January 20, 2000 When constitutional procedure on custodial interrogation do not apply Dela Torre v. CA, 294 SCRA 196 Pp. v. Domantay, 307 SCRA 1 Pp. v. Bravo, November 22, 1999 Pp. v. Cayago, 312 SCRA 623 Pp. v. Cabiles, 264 SCRA 199 Pp. v. Marti, 193 SCRA 57 Bail, Rule 114 Requiring cash bond only, grave abuse of discretion Almoda v. Villaluz, 66 SCRA 38

 Theory of bail Phoenix v. Sandiganbayan, 149 SCRA 317 (1987) Person facing extradition proceedings not entitled to bail Rodriguez v. RTC Manila, 483 SCRA 290 US v. Jimenez, November 2002 When extraditee has been allowed bail, cancellation thereof requires due process Secretary v. Lantion, 322 SCRA 160 Rodriguez v. Presiding Judge, 483 SCRA 290 Burden of proof in bail applications Pp. v. Maglalang, April 19, 1991 Pp. v. Bongolan, July 26, 1999 Scope of discretion in bail applications Jinggoy Estrada v. Sandiganbayan, February 26, 2002 Determination on the strength of evidence on guilt, judge not at liberty Aurillo v. Francisco, 170 SCRA 480 Pp. v. Gako, December 15, 2000 Remedy of the prosecution when bail is granted without hearing Alvarado v. Laquindin, July 3, 1995 Manalo v. Narisma, January 31, 1996 Order in bail applications; contents of Basco v. Rapatalo, 226 SCRA 206 Fixing bail De La Camara v. Enage, GR no. L-32951-2 September 7, 1971 Liability of a cash deposit; extent of Esler v. Ledesma, 52 Phil. 114 Person in custody, where to file bail Santiago v. Jovellanos, August 1, 2000 Forfeiture of bail; cause Pp. v. Segarino, 12 SCRA 395 Pp. v. Caparas, March 9, 1988 Failure of the surety to the accused; effect of Pp. v. Pecson, October 27, 1961 Cancellation of bail; cause Pp. v. Celestino, December 23, 1964 Other causes of cancellation of bond Phoenix v. Sandiganbayan, April 19, 1987 US v. Que Ping, 40 Phil. 17 Death of the accused; effect on the liability of the bondsman Pp. v. Tuising, 61 Phil. 404 Pp. v. Cordero, 9 SCRA 691 Effect of posting a fake bail bond Pp. v. Del Rosario, 325 SCRA 603 (2000) Rights of the Accused, Rule 115 Right to be presumed innocent, anchored upon the principle of due process Pp. v. Dapitan, May 23, 1991 Burden of proof in criminal cases Pp. v. Duruganan, 193 SCRA 471 Pp. v. Lucero, 197 SCRA 717 Proof beyond reasonable doubt; meaning of

 Pp. v. Beltran, 61 SCRA 256 Pp. v. Capilitan, 182 SCRA 313 Barbacio v. DOJ, 238 SCRA 5 Pp. v. Paulino, 163 SCRA 680 In case of conflict between presumption of innocence and regularity in the performance of official functions, the former prevails Pp. v. Timtiman, 215 SCRA 364 Accusation; proper compliance with the rules Leonides v. Garcia, 64 SCRA 233 Right to present and defend in person or by counsel; nature of Carredo v. Pp., March 19, 1990 Escape of accused from custody; effect of Pp. v. Salas, 143 SCRA 163 Pp. v. Licayan, GR no. L-14422, February 28, 2002 Denial of right to counsel; effect of Pp. v. Malunsing, April 29, 1975 Pp. v. Culala, GR no. L-83466, October 13, 1999 Telan v. CA, 202 SCRA 534 Right to appeal; nature of Pp. v. Mapalao, 197 SCRA 79 Arraignment and Plea, Rule 116 Arraignment, its concept Marcos v. Ruiz, 212 SRA 177 Importance of arraignment Pp. v. Estomaca, 256 SCRA 421 Pp. v. Legaspi, GR no. L-117802, April 27, 2000 Gaspar v. Sandiganbayan, 144 SCRA 415 Amendment of the information on the previous arraignment and plea; effect of Binabay v. Pp., 37 SCRA 445 Teehankee v. Madayag, March 6, 1992 Several charges or informations filed against an accused; effect of Pp. v. Bartolay, 192 SCRA 621 Absence of a record of arraignment; effect of Pp. v. Gari, 54 SCRA 190 Pp. v. Lacson, 55 SCRA 589 Arraignment after the prosecution rested its case Pp. v. Cabale, 185 SCRA 140 Cabacungan v. Concepcion, 95 Phil. 87 Refusal of accused to plead or makes a conditional plea; effect of Pp. v. Madraga, November 15, 2000 Failure to comply with the requirements on plea of guilty; effect of Pp. v. Durango, April 5, 2000 Pp. v. Magat, May 31, 2000 Pp. v. Hermoso, October 18, 2000 Pp. v. Templo, December 1, 2000 Pp. v. Madera, 324 SCRA 490 Searching inquiry, how done Pp. v. Samontanes, 349 SCRA 837

 Effect when accused who pleads guilty presents exculpatory evidence instead of mitigating circumstances Pp. v. Pademal, September 5, 1967 Pp. v. Bandojo, July 6, 1986 Plea of guilt to a lesser offense Pp. v. De Luna, June 22, 1989 Plea to a lesser offense by the accused, when made; need for conformity of the offended party and the prosecutor Pp. v. Villarama, 210 SCRA 246 Unconditional plea of guilty; effect of; exceptions Fongao v. Fakat, 30 SCRA 866 Pp. v. Flores, November 23, 2000 Pp. v. Gaballo, October 13, 2000 Improvident plea; effect of Pp. v. Arizapa, March 15, 2000 Failure to file a timely motion for bill of particulars; effect of Pp. v. Gutierrez, 91 Phil. 876 Suspension of arraignment Roberts v. CA, 254 SCRA 307 Suspension of arraignment, within the sound discretion of the court Pp. v. Estrada, June 19, 2000 Motion to Quash, Rule 117 Motion to quash; nature and concept of Milo v. Salonga, 152 SCRA 113 Lopez v. Sandiganbayan, October 13, 1995 Time to file a motion to quash Raro v. Sandiganbayan, July 14, 2000 Quashal of information; when may be done motu proprio Pp v. Nitafan, GR no. 75954, October 22, 1992 Order denying a motion to quash; nature of Raro v. Sandiganbayan, July 14, 2000 Lavides v. CA, GR. No. 129670, February 1, 2000 Joseph v. Villaluz, 89 SCRA 324 Denied motion to quash; remedy Ramos v. Pamaran, 60 SCRA 327 Marcelo v. CA, July 5, 1993 Matters considered in a motion to quash Pp. v. Dela Rosa, 98 SCRA 191 Cruz v. CA, 194 SCRA 145 Omnibus motion rule on motions to quash; effect of Marcos v. Sandiganbayan, February 28, 2000 Double jeopardy; when may be invoked in a motion to quash Pp. v. Pineda, 219 SCRA 61 Galvez v. CA, October 24, 1994 nolle prosequi Double jeopardy; when attached Pp. v. Asuncion, 208 SCRA 231 Doctrine of supervening fact Pp. v. Yorac, 42 SCRA 230

Pre-Trial, Rule 118 Modification of trial when accused interposes a lawful defense Pp. v. Besaa, 64 SCRA 84 Sacay v. Sandiganbayan, 142 SCRA 593 Admissions/stipulations made during pre-trial conference; effect of Fule v. CA, 162 SCRA 448 Pp. v. Hernandez, July 30, 1996 Trial, Rule 119 Absence of accused or counsel during the deposition taking; effect of Cinco v. Sandiganbayan, September 5, 1989 Time to move for separate trial Pp. v. Romualdez, 57 Phil. 148 Accused having conflicting defenses, entitled to separate trial Joseph v. Villaluz, 89 SRA 324 (1979) Several accused with different degrees of participation in the commission of the crime, entitled to separate trial Vino v. Pp., October 19, 1989 Discharge of an accused (particeps criminis) Webb v. De Leon, GR no. 121234, August 23, 1995 Accused sought to be discharged, consent needed Pp. v. CA, 223 SCRA 479 What the prosecution must satisfactorily show at the hearing Pp. v. Agbulos, 222 SCRA 196 Pp. v. Valeriano, 226 SCRA 694 Refusal or failure of the discharged accused to testify; effect of Pp. V. Beberino, 79 SCRA 694 Accused does not appear to be the most guilty; meaning of Pp. v. Sandiganbayan, July 16, 1997 Accused previously convicted but appealed, qualified to be discharged Mangubat v. Sandiganbayan, August 29, 1986 Mistake in the discharge of an accused; effect of Pp. v. Tabayoyong, May 29, 1981 Rule on discharge of an accused to be sate witness, how construed Chua v. CA, August 28, 1996 Pp. v. Delos Reyes, 213 SCRA 63 Discharge of an accused, left to the discretion of the court Pp. v. Peralta, GR no. 121971, October 16, 2000 Effect of sustaining the demurrer to evidence Pp. v. Velasco, GR no. 140633, February 4, 2002 Ong v. Pp., GR no. 140904, October 9, 2000 Merciales v. CA, GR no. 124171, March 18, 2002

Judgment, Rule 120 Judgment; reason of the constitutional requirement Pp. v. Velasco, GR no. 140633, February 4, 2002 Oral order of the dismissal of a criminal action; effect of

 Rivera v. Pp., August 30, 1990 Abay v. Garcia, June 27, 1988 Pp. v. Lascuna, 225 SCRA 457 Judgment of conviction, specified US v. Avillar, 28 Phil. 131 Judgment of acquittal, reprimand or censure Pp. v. Abellera, 69 SCRA 623 Pp. v. Yatco, 80 Phil. 407 Pp. v. Meneses, 74 Phil. 119 Conviction in case of variance between the offense charged and that proved by evidence; exception Pp. v. Opemia, 98 Phil. 698 Offense, when said to include or be included in another offense Pp. v. Toling, 219 SCRA 85 Offense proved that is included in the offense charged has prescribed at the time of the criminal action; effect of Francisco v. CA, GR no. L-45674, May 30, 1988 Promulgation of judgment in absentia Pascua v. CA, GR no. 140243, December 14, 2000 Judgment rendered and promulgated not during the incumbency of the judge who signed it; effect of Pp. v. Labao, 220 SCRA 100 Nazareno v. Almario et al, GR no. 111610, February 27, 2002 Pp. v. Donesa, GR no. L-24162, January 31, 1973 Valentin v. Sta. Maria, GR no. L-30158, January 17, 1974 New Trial or Reconsideration, Rule 121 Newly discovered evidence as a ground for new trial, requisite Pp. v. Mangulabnan, 99 Phil. 992 Errors of counsel, ground for new trial/reconsideration Pp. v. Villanueva, GR no. 135330, August 13, 2000 Abrajano v. CA, GR no. 120787, October 13, 2000 Recantation of prosecution witness not a ground for new trial; exception Pp. v. Dy, GR no. 74517, February 23, 1988 Arroyo v. CA, GR no. 96602, November 19, 1992 Tan Ang Bun v. CA, GR no. 47747, February 15, 1990 Appeal, Rule 122 Appeal by the offended party on the civil aspect Rillorta v. Firme, January 28, 1988 Accused who jumps bail; appeal from final conviction Pp. v. CA, March 7, 1996 Pp. v. Esparas, August 20, 1996 Effect of filing a fake bail bond on appeal Pp. v. Del Rosario, GR no. 107297, December 19, 2000 Escape of the accused; effect on appeal Pp. v. Mamalias, GR no. 128073, March 31, 2000 Lack of notice of appeal to the adverse party; effect of Pp. v. Villanueva, May 27, 1966 Effect of appeal by any of the several accused

 Pp. v. Pacaa, November 20, 2000 Salvatierra v. CA, June 16, 2000 Procedure in the Municipal Trial Courts, Rule 123 Preliminary conference Fule v. CA, 162 SCRA 446 Provisional Remedies in Criminal Actions, Rule 127 Writ of preliminary attachment in a criminal action to over moral and exemplary damages, prohibited Mialhe v. De Lencquesaing, 142 SRA 694 Total number: 381 cases