Professional Documents
Culture Documents
IN CRIMINAL
PROCEDURE
Submitted by:
Marivir Abata
John Elland Gaba
Cecille Diane Mangaser
Anna Gabrielle Sunga
Block 3D
Feb. 27, 2018
Sample of Application for Search Warrant
-versus- FOR:
x------------------------------------------x
That relative to the said information, at around ________, the informer and
_________ together with the undersigned conducted investigation and surveillance
operation at ___________________, located at _____________________________,
__________. The undersigned together with ____________ and _____________
inquires to the said office about _______________.
That on the said occasions, SUBJECT OF S.W, disclosed that they are (illegal
activities). (See photos & sketch and See Attached Calling Card, List of
Requirements, Studio Romano Job Order Form & MTC Job Information as
Annexes “B” - “C”)
(modus operandi).
The properties, articles, objects and items which are used and/or intended to be
used in the commission of the afore-stated offense in the possession of the SUBJECT
OF S.W includes the following:
a. Leads
b. ....
The undersigned has personally verified the report thru surveillance and
investigation activities together with _________________ and _______________, to
ascertain the veracity thereof and found the same to be true and correct;
PRAYER
WHEREFORE, the Undersigned respectfully prays:
a. that the Honorable Court include in the Search Warrant and express authority
to conduct the raid of the above-mentioned premises at any time of the day
or night including SATURDAYS and SUNDAYS considering that these are
the days when the customer traffic are at its peak and to break open the
premises to be searched should the owner thereof refuse entry in the
premises or is absent therein.
b. that this Honorable Court cause the immediate issuance of a Search Warrant
commanding any Peace Officer to conduct a search on the above-described
premises and to seize the above-described items to be dealt with as the law
directs;
(Date), (Place).
________________
Applicant
______________________
Presiding Judge
3. I further certify that (a) I have not therefore commenced or filed any
application for a Search Warrant involving the same issues in any court,
tribunal or quasi-judicial agency and to the best of my knowledge, no such
other application for Search Warrant is pending therein; (b) If there is such
other pending Application for Search Warrant, I will therefore inform this
Honorable Court of the present status thereof; (c) If I should thereafter
learn that the same and similar application for Search Warrant has been
filed or its pending , I shall report that fact within five (5) days there from to
this Honorable Court, wherein the aforesaid application for Search
Warrant has been filed.
____________________
Applicant
Date: ___________________
Republic of the Philippines
REGIONAL TRIAL COURT
Region III
Branch 16, City of San Fernando
MUH MARIL,
Accused.
X --------------------------------------x
SEARCH WARRANT
(Sgd.)
JUSTITIA VERITAS
Judge
Republic of the Philippines
REGIONAL TRIAL COURT
Region III
Branch 16, City of San Fernando
HANNAH PIHN,
Accused.
X -----------------------------------------x
PUMA TAY,
Accused.
X --------------------------------------x
ORDER OF ARREST
You are hereby commanded to arrest PUMA TAY with address at 6236
Manalac Street, Poblacion, Makati, who is charged before me with the crime
of MURDER as defined under Article 248 of the Revised Penal Code and to
bring him before me to be dealt with according to law.
(Sgd.)
JUSTITIA VERITAS
Judge
REPUBLIC OF THE PHILIPPINES
OFFICE OF THE CITY PROSECUTOR
Makati City
BRET MONSANTO
Complainant,
COMPLAINT-AFFIDAVIT
5. That, the incident was referred to the barangay for conciliation but no
settlement had been reached because Gaba refused to obey the summons
served upon him. Hence, a certificate to file action was issued by the
barangay.
BRET MONSANTO
Affiant
SUBSCRIBED AND SWORN to BEFORE ME this 22nd day of FEBRUARY
2018 in the City of Makati, Philippines. FURTHER CERTIFIES that I have
personally examined the herein affiant and was fully convinced that he
freely executed and understood the contents of this Complaint-Affidavit.
5. If I should hereafter learn that a similar action or proceeding has been filed
or is pending before the regular courts, Supreme Court, the Court of
Appeals, or the different divisions thereof, or any other tribunal or agency, I
undertake to promptly inform this Honorable Court of that fact within five
(5) days from such notice.
BRET MONSANTO
Affiant
BRET MONSANTO
Complainant,
COUNTER-AFFIDAVIT
3. The following day, I was informed that Monsanto fell down a flight of
stairs in the apartment as a consequence of which he sustained physical
injuries.
Copy furnished:
BRET MONSANTO
Complainant
Republic of the Philippines
REGIONAL TRIAL COURT
National Capital Judicial Region
Branch #
Makati City
INFORMATION
CONTRARY TO LAW.
Makati City, 3 March 2018
PEOPLE OF THE
PHILIPPINES,
Plaintiff,
SOLENN ABU-HEUSAFF,
Accused.
X--------------------------------------------X
PRAYER
NOTICE OF HEARING
COPY FURNISHED:
YO GABA
Affiant
HAN SOLO,
Accused
x------------------------------------x
Respectfully submitted.
By:
Anakin Skywalker
Roll Number. 12345
IBP Lifetime Member No. 7742
IBP Makati Chapter
MCLE Compliance No. IV-0018154/4-16-17
PTR No. 14359/1-15-17
NOTICE OF HEARING
GREETINGS:
ANAKIN SKYWALKER
Counsel for the Accused
Copy Furnished:
LEIA ORGANA
Assistant City Prosecutor
Office of the City Prosecutor
Makati City
SALACIOUS CRUMB
Counsel for the Private Complainant
HAN SOLO,
Respondents
x------------------------------------x
NOTICE OF APPEAL
Respectfully submitted.
Anakin Skywalker
Roll Number. 12345
IBP Lifetime Member No. 7742
IBP Makati Chapter
MCLE Compliance No. IV-0018154/4-16-17
PTR No. 14359/1-15-17
Copy furnished:
LEIA ORGANA
Assistant City Prosecutor
Office of the City Prosecutor
Makati City
SALACIOUS CRUMB
Counsel for the Private Complainant
CA GR SP No. 122593
-versus- RTC Makati B-58
Appealed Crim. Case
No. 18-242-23 (04-891-111)
MeTC Makati B-62 Crim. Case
No. 18-14343
HAN SOLO
Accused-appellant
x------------------------------------x
THE PARTIES
3. Petitioner (the accused in the court a quo) is of legal age, married,
and is a resident of 4230 Dumas St., Makati City, represented in
this case by his counsel of records, Atty. Anakin Skywalker, with
office address at 30th Floor SSL Building, Ayala Avenue, Makati
City;
4. Private respondent, Jabba Desilijic Tiure (complainant in the
court a quo) is likewise of legal age, with postal and office
address at 5290 Novaliches St., Makati City, represented in this
case by Atty. Salacious Crumb, with office address at 5/F R&L
Building, Baler St., Makati City.
5. Public respondent, Office of the Solicitor General impleaded
being the government office handling appealed criminal cases at
this level, with office address at 134 Amorsolo St., Legaspi
Village, Makati.
ASSIGNMENT OF ISSUE/S
ISSUE NO. 1
BOTH COURTS IGNORED THE RECEIPT PRESENTED BY THE
DEFENSE WHICH SHOWS PAYMENT OF THE LOAN
OBLIGATION AFTER THE CHECK BOUNCED.
ISSUE NO 2
THE CHECK PRESENTED DURING TRIAL DID NOT BEAR THE
SAME NUMBER AS THE ONES ALLEGEDLY ISSUED TO THE
PRIVATE RESPONDENT BY THE DEFENDANT.
DISCUSSION OF ISSUES
ISSUE NO. 1
BOTH COURTS IGNORED THE RECEIPT PRESENTED BY THE
DEFENSE WHICH SHOWS PAYMENT OF THE LOAN
OBLIGATION AFTER THE CHECK BOUNCED.
18. Attached to the Formal Offer of Exhibits (Exhibit 8) is the receipt
signed by the private respondent evidencing the payment of the
loan obligation already after it was returned to the accused after
it was refused to be deposited by the bank.
19. With the tender of payment by the accused, the checks should
not have been the basis of a violation of Batas Pambansa Blg. 22
as the same was not issued with the intent to deceive the private
respondent.
ISSUE NO 2
THE CHECK PRESENTED DURING TRIAL DID NOT BEAR THE
SAME NUMBER AS THE ONES ALLEGEDLY ISSUED TO THE
PRIVATE RESPONDENT BY THE DEFENDANT.
20. As clearly shown in the complaint of the private respondent, the
check issued to him during the perfection of the loan was 11111
but the check presented in evidence was numbered 11112.
21. Since the check itself is the best evidence to prove the worthless
check, its identity to the one which is the basis of the action
should be properly shown.
22. In other words, the action must fail for the failure to present the
actual check allegedly issued even if the defendant knew it was
worthless.
PRAYERS
By:
Anakin Skywalker
Roll Number. 12345
IBP Lifetime Member No. 7742
IBP Makati Chapter
MCLE Compliance No. IV-0018154/4-16-17
PTR No. 14359/1-15-17
Copy furnished:
SALACIOUS CRUMB
Counsel for the Private Complainant
HAN SOLO
Affiant
LUKE SKYWALKER
Notary Public
Second Division
HAN SOLO
Petitioner,
THE PARTIES
2. Petitioner (the accused in the court a quo) is of legal age, married,
and is a resident of 4230 Dumas St., Makati City, represented in
this case by his counsel of records, Atty. Anakin Skywalker, with
office address at 30th Floor SSL Building, Ayala Avenue, Makati
City;
3. Private respondent, Jabba Desilijic Tiure (complainant in the
court a quo) is likewise of legal age, with postal and office
address at 5290 Novaliches St., Makati City, represented in this
case by Atty. Salacious Crumb, with office address at 5/F R&L
Building, Baler St., Makati City.
4. Public respondent, Office of the Solicitor General impleaded
being the government office handling appealed criminal cases at
this level, with office address at 134 Amorsolo St., Legaspi
Village, Makati.
ASSIGNMENT OF ISSUE/S
ISSUE NO. 1
BOTH COURTS IGNORED THE RECEIPT PRESENTED BY THE
DEFENSE WHICH SHOWS PAYMENT OF THE LOAN
OBLIGATION AFTER THE CHECK BOUNCED.
ISSUE NO 2
THE CHECK PRESENTED DURING TRIAL DID NOT BEAR THE
SAME NUMBER AS THE ONES ALLEGEDLY ISSUED TO THE
PRIVATE RESPONDENT BY THE DEFENDANT.
DISCUSSION OF ISSUES
ISSUE NO. 1
BOTH COURTS IGNORED THE RECEIPT PRESENTED BY THE
DEFENSE WHICH SHOWS PAYMENT OF THE LOAN
OBLIGATION AFTER THE CHECK BOUNCED.
18. Attached to the Formal Offer of Exhibits (Exhibit 8) is the receipt
signed by the private respondent evidencing the payment of the
loan obligation already after it was returned to the accused after
it was refused to be deposited by the bank.
19. With the tender of payment by the accused, the checks should
not have been the basis of a violation of Batas Pambansa Blg. 22
as the same was not issued with the intent to deceive the private
respondent.
ISSUE NO 2
THE CHECK PRESENTED DURING TRIAL DID NOT BEAR THE
SAME NUMBER AS THE ONES ALLEGEDLY ISSUED TO THE
PRIVATE RESPONDENT BY THE DEFENDANT.
20. As clearly shown in the complaint of the private respondent, the
check issued to him during the perfection of the loan was 11111
but the check presented in evidence was numbered 11112.
21. Since the check itself is the best evidence to prove the worthless
check, its identity to the one which is the basis of the action
should be properly shown.
22. In other words, the action must fail for the failure to present the
actual check allegedly issued even if the defendant knew it was
worthless.
PRAYERS
By:
Anakin Skywalker
Roll Number. 12345
IBP Lifetime Member No. 7742
IBP Makati Chapter
MCLE Compliance No. IV-0018154/4-16-17
PTR No. 14359/1-15-17
Copy furnished:
SALACIOUS CRUMB
Counsel for the Private Complainant
COURT OF APPEALS
(thru the Presiding Justice)
Manila
HAN SOLO
Affiant
LUKE SKYWALKER
Notary Public
PRAYER
By:
Copy furnished:
COURT OF APPEALS (by personal service)
(16th Division), City of Manila
EXPLANATION
(Pursuant to Section 11, Rule 13 of the 1997 Rules of Civil Procedure)
CRISTINA B. BUENDIA
SECOND MOTION FOR EXTENSION OF TIME TO FILE PETITION
People v. Juan dela Cruz
G.R. No. 123456
x ----------------------------------------------------------------- x
AFFIDAVIT OF SERVICE
JUAN A. TAMAD
Affiant
■ Where to file:
– GR: Territorial jurisdiction where the crime was committed
■ Validity of Warrant
– 10 days
■ Time of Making Search
– GR: Daytime
WARRANT OF ARREST
Search Warrant v. Warrant of Arrest
Search Warrant Warrant of Arrest
Probable Cause That an offense had been That an offense had been
committed and that the committed by the person
objects sought in connection sought to be arrested
with the offense are in the
place sought to be searched
Personal Determination of Necessary Not necessary (Soliven v.
Complainant and Witnesses by Makasiar)
the Judge
Validity 10 days ONLY Does not become stale
Time of Service of Warrant GR: Daytime Any day; Any time of day or
EX: Positively alleged in the night
affidavit that the property is on
the person or in the place to be
searched
COMPLAINT-AFFIDAVIT
Complaint
■ Complaint is a “sworn written statement charging a person with an
offense, subscribed by the offended party, any peace officer or other
public officer charged with the enforcement of the law violated.” (Rule
110, Section 3)
■ When required:
– Offense is one which cannot be prosecuted de officio, or is private in
nature, or where it pertains to those cases which need to be endorsed
by specific public officers.
– Adultery, concubinage, seduction, abduction, acts of lasciviousness,
defamation consisting in the imputation of any of the previous crimes.
Complaint: Where to File
■ Where preliminary investigation is required:
– Penalty is at least 4 years, 2 months, 1 day without regard to fine
(Rule 112, Section 1)
■ Officers authorized to conduct preliminary investigation:
– Provincial or City Prosecutors and their assistants
– National and Regional State Prosecutors
– Other officers as may be authorized by law
■ All other offenses:
– MTC, MTCC, Office of the Prosecutor
– Manila and Other Chartered Cities: Office of the Prosecutor unless
otherwise provided in their charters
Place where Action is to be Instituted
■ Court of the municipality or territory where the offense was committed
or where any of its essential ingredients occurred.
■ On Train, Aircraft, or Other Vehicle
– Court of any municipality or territory where said train, aircraft, or
other vehicle passed during its trip, including the place of departure
and arrival
■ On Board a Vessel in the course of its Voyage
– Court of the first port of entry or of any municipality or territory where
the vessel passed during such voyage, subject to the general
principles of international law
■ Outside the Philippines but punishable under Article 2 of the RPC
– Court where the criminal action is first filed
COUNTER-AFFIDAVIT
Counter-Affidavit
■ Filed within 10 days from receipt of the subpoena with the
complaint and supporting affidavits and documents
■ Subscribed and sworn to
■ Certified
■ Copies furnished to the complainant
Counter-Affidavit
1. Identity of affiant and other personal circumstances
2. Statement of venue
3. Factual allegations to show violation or defense
4. Signature of affiant
5. Verification
6. Certification as to Personal Examination of Affiant
7. Supporting Documents/Affidavits
INFORMATION
Information
■ An accusation in writing charging a person with an offense subscribed
by the prosecutor and filed with the court (Rule 110, Section 4)
■ States the following:
1. Parties
2. Designation of offense by statute
3. Acts or omissions complained of as constituting the offense
4. Approximate time of the commission of the offense
5. Place of commission
6. Signature of prosecutor
7. Verification
8. Certification of PI or Inquest
Information
Sufficiency (Rule 110, Section 6; People v. Canares)
1. Name of all the accused
2. Designation of the offense given by the statute
3. Acts or omissions complained of as constituting the offense
4. Name of the offended party
5. Approximate date of the commission of the offense
6. Place where the offense was committed
■ Test for Sufficiency: Whether the crime is described in intelligible terms with such
particularity as to apprise the accused, with reasonable certainty, of the offense
charged (Lazarte Jr. v. Sandiganbayan)
■ Basis: To enable the accused to suitably prepare for his defense (People v. Cinco)
Information
Name of all the accused
■ If known: Name and Surname OR any appellation or nickname – has been or is known
■ If unknown: Described under a fictitious name with statement that the true name is
unknown
Designation of the offense given by the statute
■ Designation given by the statute (not mandatory)
■ Sufficient if describes the crime defined by law
Acts or omissions complained of as constituting the offense
■ Acts or omissions complained of
■ Qualifying and aggravating circumstances
■ Ordinary and concise
■ Enable the person of common understanding to know what offense is being charged as
well as its qualifying and aggravating circumstances and for the court to pronounce a
judgment
Information
Name of the offended party
■ If known: Name and Surname OR any appellation or nickname – has been or is known
■ If unknown: Described under a fictitious name; Offenses against property – property must be
identified with such particularity as to the identify the offense charged
■ Juridical Person: Name/any name or designation by which it is known or may be identified
Approximate date of the commission of the offense
■ Precise date not necessary. Except when it is a material ingredient of the offense (i.e. Infanticide –
killing of a child less than 3 days old)
■ Approximate date is sufficient (i.e. on or about Feb. 2018)
Place where the offense was committed
■ Allegation of specific place not required. Requirement is satisfied if it is alleged that the offense
was committed, or some of the essential ingredients occurred at some place within the jurisdiction
of the court
■ EX: If the place of the commission constitutes an essential element of the offense (i.e. carrying a
deadly weapon within 30-m range of a polling place or a violation of a zoning ordinance)
PETITION FOR BAIL
Bail
■ No person under detention by legal process shall be released or
transferred except upon order of the court or when he is admitted to
bail.
■ A security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before
any court
■ It may be a corporate surety, property bond, cash deposit, or
recognizance
Bail: Where to File
■ The court where the case is pending, or
■ In the absence or unavailability of the judge thereof, with any RTC, or MTC judge in
the province, city, or municipality.
■ If the accused is arrested in a province, city or municipality other than where the
case is pending:
– Any RTC of said place, or if no judge thereof is available, with any MTC judge
therein.
■ Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance:
– Only in the court where the case is pending, whether on preliminary investigation,
trial, or on appeal.
■ Any person in custody who is not yet charged in court:
– Any court in the province, city, or municipality where he is held.
Bail: Conditions of the Bail
All kinds of bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless
cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required
by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification
and despite due notice shall be deemed a waiver of his right to be
present thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution
of the final judgment
Bail
■ When bail is a matter of right: All persons in custody shall be admitted
to bail as a matter of right, with sufficient sureties, or released on
recognize as prescribed by law or this Rule: (a) before or after
conviction by the MTC, (b) before conviction by the RTC of an offense
not punishable by death, reclusion perpetua, or life imprisonment
■ When bail is discretionary: Upon conviction by the Regional Trial Court
of an offense not punishable by death, reclusion perpetua, or life
imprisonment, admission to bail is discretionary.
Bail
■ If the penalty imposed by the trial court is imprisonment exceeding six (6) years: the
accused shall be denied bail, or his bail shall be cancelled upon a showing by the
prosecution, with notice to the accused, of the following or other similar
circumstances:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the
crime aggravated by the circumstance of reiteration;
(b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on
bail; or
(e) That there is undue risk that he may commit another crime during the pendency of
the appeal
Bail
■ When bail is not available: Person charged with a capital offense, or
an offense punishable by reclusion perpetua or life imprisonment
when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
■ When bail is not required: When the law or these Rules so provide OR
When a person has been in custody for a period equal to or more than
the possible maximum imprisonment prescribe for the offense
charged without application of the Indeterminate Sentence Law or any
modifying circumstance shall be released on a reduced bail or on his
own recognizance, at the discretion of the court.
Guidelines for Amount of Bail
■ REASONABLE AMOUNT of bail considering primarily, but not limited to, the following
factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
■ Excessive bail shall not be required
Bail
■ No bail shall be allowed after the judgment of conviction has become final.
■ Except: If before such finality, accused applied for probation, he may be allowed
temporary liberty under his bail.
■ When no bail was filed or the accused is incapable of filing one, the court may allow
his release on recognizance to the custody of a responsible member of the
community.
■ In no case shall bail be allowed after the accused has commenced to serve
sentence.
■ An application for or admission to bail shall not bar the accused from challenging:
the validity of his arrest; or the legality of the warrant issued therefor; or the
regularity or questioning the absence of a preliminary investigation, provided that
he raises them before entering his plea.
■ The court shall resolve the matter as early as practicable but not later than the start
of the trial of the case.
Bail: Contents
1. Full name and address of the accused
2. Amount of the undertaking
3. Conditions required
4. Photographs – passport size, taken within the last six (6) months,
showing the face, left and right profiles of the accused.
POST-JUDGMENT
REMEDIES
MOTION FOR
RECONSIDERATION/
MOTION FOR NEW TRIAL
Motion for Reconsideration/Motion for New Trial
■ Before the judgment of conviction becomes final:
Ø MR
■ Errors of law in the judgment which requires no further proceedings
■ Errors of fact in the judgment which requires no further proceedings
Ø MNT
■ Errors of law have been committed during the trial
■ Irregularities prejudicial to the substantial rights of the accused have been committed
■ New and material evidence has been discovered