RULE 110
PROSECUTION OF OFFENSES

Section 1. How instituted. - For offenses not subject to the rule on summary procedure in cases, the institution of criminal actions shall be as follows:

Section 2. The complaint or information. - The complaint or information shall be in writing in name of the People of the Philippines against all persons who appear to be responsible for offense involved. (1a)

Section 3. Complaint defined. - 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. (2a)

Section 4. Information defined. - An information is accusation in writing charging a person with offense subscribed by the fiscal and filed with the court. (3)

Section 5. Who must prosecute criminal actions. - All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of the fiscal. However, in the Municipal Trial Courts or Municipal Circuit Trial Courts when there is no fiscal available, the offended party, any peace officer or public charged with the enforcement of the law violated may prosecute the case. This authority ceases upon actual intervention of the fiscal or upon elevation of the case to the Regional Trial Court. The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including both the guilty parties, if they are both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. The offenses of seduction, abduction, rape or acts of Lasciviousness, shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents, or guardian, nor, in any case, if the offender has been expressly pardoned by the above-named persons, as the case may be. In case the offended party dies or becomes incapacitated before she could file the complaint and has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf. The offended party, even if she were & minor, has the right to institute the prosecution for the above offenses, independently of her parents, grandparents or guardian, unless she is incompetent or incapable of doing so upon grounds other than her minority. Where the offended party who is a minor fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to the parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the immediately preceding paragraph. No criminal action for defamation which consists in the imputation of an offense mentioned above, shall be brought except at the instance of and upon complaint filed by the offended party. (4a)

Section 6. Sufficiency of complaint or information. -A complaint or information is sufficient if it states the name of the accused; the designation of the offense by the statute; the acts or omissions complained of as constituting the of offense; the name of the offended party; the approximate time of the commission of the offense, and the place wherein the offense was committed. When an offense is committed by more than one person, all of them shall be included in the complaint or information. (5a)

Section 7. Name of accused. - A complaint or information must state the name and surname of the accused or any appellation or nickname by which he has been or is known, or if his name cannot he discovered he must be described under a fictitious name with a statement that his true name is unknown. If in the course of the proceeding the true name of the accused is disclosed by him, or appears in some other manner to the court, the true name of the accused shall be inserted in the complaint or information and record. (6a)

Section 8. Designation of the offense. - Whenever possible, a complaint or information should state the designation given to the offense by the statute, besides the statement of the acts or omissions constituting the same, and if there is no such designation, reference should be made to the section or subsection of the statute punishing it. (7)

Section 9. Cause of accusation. - The acts or omissions complained of as constituting the offense must be stated in ordinary and concise language without repetition, not necessarily in the terms of the statute defining the offense, but in such form as is sufficient to enable a person of common understanding to know what offense is intended to be charged, and enable the court to pronounce proper judgment. (8)

Section 10. Place of the commission of the offense. -The complaint or information is sufficient if it can be understood there from that the offense was committed or some of the essential ingredients thereof occurred at some place within the jurisdiction of the court, unless the particular place wherein it was committed constitutes an essential element of the offense or is necessary for identifying the offense charged. (9)

Section 11. Time of the commission of the offense. -It is not necessary to state in the complaint or information the precise time at which the offense was committed except when time is a material ingredient of the offense, but the act may be alleged to have been committed at any time as near to the actual date at which the offense was committed as the information or complaint will permit. (10)

Section 12. Name of the offended party. - A complaint or information must state the name and surname of the person against whom or against whose property the offense was committed, or any appellation or nickname by which such person has been or is known, and if there is no better way of identifying him, he must be described under a fictitious name.

Section 13. Duplicity of offense. – A complaint or information must charge but one offense, except only in those cases in which existing laws prescribe a single punishment for various offenses. (12)

Section 14. Amendment. - The information or complaint may be amended, in substance or form, without leave of court, at any time before the accused pleads; and thereafter and during trial as to all matters of form, by leave at the discretion of the court, when the same can be done without prejudice to the rights of the accused. If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of one charging the proper offense in accordance with Rule 119. Section 11, provided the accused would not be placed thereby in double jeopardy, and may also require the witnesses to give bail for their appearance at the trial. (13a)

Section 15. Place where action is to instituted. –

Section 16. Intervention of the offended party in criminal action. - Unless the offended party has waived the civil action or expressly reserved the right to institute it separately from the criminal action, and subject to the provision of Section 5 hereof, he may intervene by counsel in the prosecution of the offense. (15a)

Rule 111
PROSECUTION OF CIVIL ACTION

Section 1. Institution of criminal and civil actions. - When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged is impliedly instituted with the criminal action, unless the offended party expressly waives the civil action or reserves his right to institute it separately. However, after criminal action has been commenced, the civil action cannot be instituted until final judgment has been rendered in the criminal action. When the offended party seeks to enforce civil liability against the accused by way of actual, moral, nominal, temperate or exemplary damages, the filing fees for such civil action as provided in these Rules shall first be paid to the Clerk of Court of the court where the criminal case is filed. In all other cases, the filing fees corresponding to the civil liability awarded by the court shall constitute a first lien on the judgment award and no payment by execution or otherwise may be made to the offended party without his first paying the amount of such filing fees to the Clerk of Court. (1a)

Section 2. Independent civil action. - In the cases provided for in Articles 32, 33 and 34 of the Civil Code of the Philippines, an independent civil action entirely separate and distinct from the criminal action, may be brought by the injured party during the pendency of the criminal case. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance evidence. (2a)

Section 3. Other civil actions arising from offenses. – Whenever the offended party shall have instituted the civil action to enforce the civil liability arising from the offense, as contemplated in the first paragraph of Section 1 hereof, the following rules shall be observed:

Section 4. Judgment in civil action not a bar. - A final judgment rendered in a civil action absolving the defendant from civil liability is no bar to a criminal action. (4)

Section 5. Elements of prejudicial question. - The two (2) essential elements of a prejudicial question are: (a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. (n)

Section 6. Suspension by reason of prejudicial question. - (a) A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be presented in the fiscal's office during the preliminary investigation. When the criminal action has been filed in court either for preliminary investigation or for trial, the petition to suspend shall be filed in the same criminal action at any time before the prosecution rests. (b) The pendency of a petition for suspension of the criminal action still undergoing preliminary investigation in the fiscal's office shall interrupt the prescriptive period for filing the corresponding complaint or information. (5a)

Rule 112
PRELIMINARY INVESTIGATION

Section 1. Definition. - Preliminary investigation is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and should be held for trial, (1a)

Section 2. Officers authorized to conduct preliminary investigation. - The following may conduct a preliminary investigation :

Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. (2a)

Section 3. Procedure. - Except as provided for in Section 7 hereof, no complaint or information for an offense cognizable by the Regional Trial Court shall be filed without a preliminary investigation having been first conducted in the following manner:

Section 4. Duty of investigating fiscal. - If they investigating fiscal finds cause to hold the respondent for trial, he shall prepare the resolution and corresponding information. He shall certify under oath that he has examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend dismissal of the complaint. In either case, he shall forward the records of the case to the provincial or city fiscal or chief state prosecutor within five (5) days from his resolution. The latter shall take appropriate action thereon within ten (10) days from receipt thereof, immediately informing the parties of said action. No complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal or chief state prosecutor. Where the investigating assistant fiscal recommends the dismissal of the case but his findings are reversed by the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the latter may, by himself, file the corresponding information against the respondent or direct any other assistant fiscal or state prosecutor to do so, without conducting another preliminary investigation. If upon petition by a proper party, the Minister of Justice reverses the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information. (5a)'

Section 5. Duty of investigating judge. - Within ten (10) days after the conclusion of the preliminary investigation, the investigating judge shall transmit to the provincial or city fiscal, for appropriate action, the resolution of the case, stating briefly the findings of facts and the law supporting his action, together with the entire records of case, which shall include:

Should the provincial or city fiscal disagree with the findings of the investigating judge, the fiscal must explain his action in writing furnishing the parties with copies of his resolution, not later than thirty (30) days from receipt of the records from the judge. (12a)

Section 6. When warrant of arrest may issue. —

Section 7. When accused lawfully arrested without warrant. - When a person is lawfully arrested without a warrant for an offense cognizable by the Trial Court the complaint or information may be filed by the offended party, peace officer or fiscal without a preliminary investigation having been first conducted, on the basis of the affidavit of the offended party or arresting officer or person. However, before the filing of such complaint or information, the person arrested may ask for a preliminary investigation by a proper officer in accordance with this Rule, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, with the assistance of a lawyer and in case of non-availability of a lawyer, responsible person of his choice. Notwithstanding such waiver, he may apply for bail as provided in the corresponding rule and the investigation must be terminated within fifteen (15) days from its inception. If case has been filed in court without a preliminary investigation having been first conducted, the accused may within five (5) days from the time he learns of the filing of the information, ask for a preliminary investigation with the same right to adduce evidence in his favor in the manner prescribed in this Rules. (15a)

Section 8. Record of preliminary investigation. - The record of the preliminary investigation whether conducted by a judge or a fiscal, shall not form part the record of the case in the Regional Trial Court. However, the said court, on its own initiative or that of any party, may order the production of the record or any part thereof whenever the same shall be necessary in the resolution of the case or any incident therein, or shall be introduced as evidence by the party requesting for its production. (n)

Section 9. Cases not falling under the original jurisdiction of the Regional Trial Courts nor covered by the Rule on Summary Procedure. -

Rule 113
ARREST

Section 1. Definition of arrest. - Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense, (1a)

Section 2. Arrest; how made. - An arrest is made by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be subject to any greater restraint than is necessary for his detention. (2a)

Section 3. Duty of arresting officer. - It shall be the duty of the officer executing the warrant without unnecessary delay to arrest the accused and to deliver him to the nearest police station or jail. (3a)

Section 4. Execution of warrant. - The head of the office to whom the warrant of arrest has been delivered for execution shall cause the warrant to be executed within ten (10) days from receipt thereof. Within ten (10) days after the expiration of such period, the officer to whom it was assigned for execution, shall make a return to the judge who issued the warrant and, in case of his failure to execute the same, shall state the reasons therefor, (n).

Section 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:

In cases falling under paragraphs (a) and (b) hereof, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail, and he shall be proceeded against in accordance with Rule 112, Section 7. (6a, 17a)

Section 6. Time of making arrest. - An arrest may be made on any day and at any time of the day or night. (7)

Section 7. Method of arrest by officer by virtue of warrant. - When making an arrest by virtue of a warrant the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer has opportunity so to inform him or when the giving of such information will imperil the arrest. The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable. (8)

Section 8. Method of arrest by officer without warrant. - When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (9)

Section 9. Method of arrest by private person. - A private person when making an arrest shall inform the person to be arrested of the intention to arrest him and cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense, or is pursued immediately after its commission or after an escape, or flees or forcibly resists before the person making the arrest has opportunity so to inform him, or when the giving of such information will imperil the arrest. (10)

Section 10. Officer may summon assistance. - An officer making a lawful arrest may orally summon as many persons as he deems necessary to aid him in making the arrest. Every person so summoned by an officer shall aid him in the making of such arrest, when he can render such aid without detriment to himself. (11)

Section 11. Right of officer to break into building or enclosure. - An officer in order to make an arrest either by virtue of a warrant, or When authorized to make such arrest for an offense without a warrant, as provided in Section 5, may break into any building or enclosure in which the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after he has announced his authority and purpose. (12a)

Section 12. Right to break out of building or enclosure to effect release. - Whenever an office entered the building or enclosure in accord with the provisions of the preceding section, he may break out therefrom when necessary for the purpose of liberating himself. (13a)

Section 13. Arrest after escape or rescue. – If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines. (15a)

Section 14. Right of attorney or relative person to visit person arrested. - Any member of the bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person, in the jail or any other place of custody at any hour of the day or, in urgent cases, of the night. The right shall also be exercised by any relative of the person arrested subject to reasonable regulation. (18a)

Rule 114
BAIL

Section 1. Bail defined. - Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. (1a)

Section 2. Conditions of the bail; requirements. – All kinds of bail are subject to the following conditions:

The original papers shall state the full name and address of the accused, the amount of the undertaking and the conditions herein required. Photographs (passport size) taken recently showing the face, left and right profiles of the accused must be attached thereto. (2a)

Section 3. Bail, a matter of right; except in capital. – All persons in custody shall be entitled to bail as a matter of right, except those charged with a capital offense when the evidence of guilt thereof is strong. (n)

Section 4. Capital offense, defined. - A capital offense, as the term is used in this Rule, is an offense which, under the law existing at the time of its commission and at the time of the application to be admitted to bail, may be punished with death.

Section 5. Capital offense, burden of proof.- On the hearing of all application for admission to bail filed by any person who is in custody for the commission of a capital offense, the prosecution has the burden of showing that evidence of guilt is strong. The evidence presented during the bail hearings shall be considered automatically reproduced at the trial, but, upon motion of either party, the court may recall any witness for additional examination unless the witness is dead, outside of the Philippines or otherwise unable to testify. (7a)

Section 6. Notice of application to fiscal. - When admission to bail is a matter of discretion, the court must give reasonable notice of the hearing to the fiscal or require him to submit his recommendation. (8a)

Section 7. Bond, where filed. - A person in custody for a bailable offense may file such bail fixed by the court where the case is pending or may apply for bail with any Regional Trial Court sitting in the province or city where he is held. In the absence of the regional trial judges or municipal circuit trial judge of said place may accept bonds filed therein or hear and decide application for bail. (n)

Section 8. Court supervision of detainees. - The court shall exercise supervision over all persons in custody for the purpose of eliminating all unnecessary detention. The executive judges of the Regional Trial Courts shall conduct monthly personal inspections of provincial, city and municipal jails and their prisoners within their respective jurisdictions, to inquire into their proper accommodation and health, the number of detainees, the condition of the jail facilities, the segregation of sexes and minors from the adults, the observance of the right of detainees to confer privately with counsel, and the elimination of conditions disadvantageous to the detainees. In cities and municipalities to be specified by the Supreme Court, the municipal trial judges or municipal circuit trial judges shall conduct monthly personal inspections of municipal jails of their respective municipalities, and submit a report to the executive judge of the Regional Trial Court having jurisdiction therein. A monthly report of such visitation shall be submitted by the executive judges to the Court Administrator, stating the total number of detainees, at least the names of those held for more than thirty (30) days, the duration of detention, the crime charged, the status of the case, the cause for detention, and other pertinent Information. (n)

Section 9. Bail, when not required; reduced bail or recognizance. -No bail shall be required when the law or these Rules so provide. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced, he shall be released immediately, without prejudice to the continuation of the trial thereof or the proceedings on appeal. In case the maximum penalty to which the accused may be sentenced is destierro, he shall be released after thirty (30) days of preventive imprisonment. A person in custody for a period equal to or more than the minimum of the principal penalty prescribed 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. (n)

Section 10. Amount of bail; guidelines. - The judge who issued the warrant or granted the application shall fix a reasonable amount of bail considering primarily, but not limited to the following guidelines:

Section 11. Qualification of sureties in property bail bond. - The necessary qualification of sureties to a property bail bond shall be as follows:

In all cases, every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and property exempt from execution. (9a)

Section 12. Justification of sureties. - Every surety shall justify by affidavit taken before the judge, that each possesses the qualifications named in the preceding section, and shall be required to describe the property given as security, stating the nature of his title thereto, the encumbrances thereon, the number and amount of other bonds entered into by him and remaining undischarged, and his other liabilities. The court may further examine the sureties upon oath concerning their sufficiency in such manner as it may deem proper. No bond shall be approved unless the surety is qualified. (10a)

Section 13. Corporate surety. - Any domestic or foreign corporation licensed as a surety in accordance with law and currently authorized to act as such may provide bail by a bond subscribed jointly by the accused and an officer duly authorized by its board of directors. (n).

Section 14. Property bond, how posted. — A property bond is an undertaking constituted as lien on the real property given as security for the amount of the bail. Upon approval of the bond, the court shall within ten (10) days order the accused to cause, the annotation of the lien on the original torrens title on file with the Register of Deeds, if the land is registered, or if unregistered, in the Registration Book on the space provided therefor, in the office of the Register of Deeds for the province or city where the land lies, and on the corresponding tax declaration in the office of the provincial and municipal assessor concerned. Non-compliance with the order shall be sufficient cause for cancellation of the property bond. (n)

Section 15. Release on bail or recognizance. - The accused must be discharged upon approval of the bail by any judge. The judge accepting the bail shall forward the release papers to the court where the case is pending. Whenever allowed, pursuant to Section 9 hereof, the court may release the accused on his own recognizance or that of a responsible person. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending. (11a)

Section 16. Increase or reduction of bail. - After the accused shall have been admitted to bail, the court may, upon good cause shown, either increase or reduce the amount of the same. If increased, the accused may be committed to custody unless he gives bail in the increased amount thereof within a reasonable period. An accused held to answer a criminal charge but who is released without bail on the filing of a complaint or information, may, at any subsequent stage of the proceedings whenever a strong showing of guilt appears to the court be required to give bail in the amount fixed, or in lieu thereof may be commited to custody. (12a)

Section 17. Deposit of cash as bail. - The accused or any person acting; in his behalf may deposit in cash with the nearest collector of internal revenue, or provincial, city or municipal treasurer the amount of bail fixed by the court or recommended by the fiscal who investigated or filed the case, and upon submission of a proper certificate of deposit and of a written undertaking showing compliance with the requirements of Section 2 hereof, the court must discharge him from custody. Money thus deposit shall be considered as bail and applied to the payment of any fine and costs and the excess, if any shall be returned to the accused or to whoever made the deposit. (14a),

Section 18. Forfeiture of bail bond. - When the presence of the accused is specifically required by the court, or these Rules, his bondsmen shall be notified to produce him before the court on a given date. If the accused fails to appear in persons as required, the bond shall be declared forfeited and the bondsmen are given thirty (30) days within which to produce their principal and to show cause why a judgment should not be rendered against them for the amount of their bond. Within the said period, the bondsmen:

Falling in these two requisites, a judgment shall be rendered against the bondsmen, jointly and severally, for the amount of the bond, and the court shall not reduce or otherwise mitigate the liability of the bondsmen, except when the accused has been surrendered or is acquitted. (15a)

Section 19. Cancellation of bail bond. - Upon application filed with the court and after due notice to the fiscal, the bail bond may be cancelled upon surrender of the accused or proof of his death. The bail bond shall be deemed automatically cancelled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. In all instances, the cancellation shall be without prejudice to any liability on the bond. (16a)

Section 20. Sureties may arrest accused. - For the purpose of surrendering the accused, the bondsmen may arrest him, or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion. (17a)

Section 21. No bail after judgment; exception. - No bail shall be allowed after the judgment has become final. However, in case the accused has applied for probation, he may be allowed temporary liberty under his bail bond, but if 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. (18a)

Rule 115
RIGHTS OF ACCUSED

Section 1. Rights of accused at the trial. - In all criminal prosecutions, the accused shall be entitled:

Rule 116
ARRAIGNMENT AND PLEA

Section 1. Arraignment and plea; how made. -

Section 2. Plea of guilty to a lesser offense. - The accused, with the consent of the offended party and the fiscal, may be allowed by the trial court to plead guilty to a lesser offense, regardless of whether or not it is necessarily included in the crime charged, or is cognizable by a court of lesser jurisdiction than the trial court. No amendment of the complaint or information is necessary. (4a, R-118)

Section 3. Plea of guilty to capital offense; reception of evidence. - When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may also present evidence in his behalf. (5a, R-118)

Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary. - When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. (5a, R-118)

Section 5. Withdrawal of improvident plea of guilty. -At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. (6a, R-118)

Section 6. Duty of court to inform accused of his right to counsel. - Before arraignment, the court shall inform the accused of his right to counsel and shall ask him if he desires to have one. Unless the accused is allowed to defend himself in person, or he has employed counsel of his choice, the court must assign a counsel de oficio to defend him. (3a, R-116)

Section 7. Appointment of counsel de oficio. - The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of the bar in good standing who, by reason of their experience and ability may adequately defend the accused. But in localities where such members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. (4a, R-116).

Section 8. Time for counsel de oficio to prepare for arraignment. - Whenever a counsel de oficio is assigned by the court to defend the accused at the arraignment, he shall be given at least one hour to consult with the accused as to his plea before proceeding with the arraignment. (5a, R-116)

Section 9. Time to prepare for trial. - After a plea of not guilty, the accused is entitled to two (2) days to prepare for trial unless the court for good cause grants him further time. (5a, R-116; 7a, R-118)

Section 10. Bill of particulars. - Accused may, at or 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 and the details desired. (6a. R-116)

Section 11. Production or inspection of material evidence in possession of prosecution. - On motion of the accused showing good cause and with notice to all parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing, of any written statements given by the complainant and other witnesses in any, investigation of the offense conducted by the prosecution or any other investigating officers, as well as of any designated documents, papers, books, accounts, letters, photographs, objects or tangible things, not otherwise privileged, which constitute or contain evidence material to any matter Involved in the case, and which are In the possession or under the control of the prosecution, the police, or any other law investigating agencies. (8a, R-118)

Section 12. Suspension of arraignment. – The arraignment. – The arraignment shall be suspended, If at the time thereof:

Rule 117
MOTION TO QUASH

Section 1. Time to move to quash. - At any time before entering his plea, the accused may move to quash the complaint or information. (1a)

Section 2. Form and contents. - The motion to quash shall be in writing signed by the accused or his counsel. It shall specify distinctly has the factual and legal grounds therefor and the court shall consider no grounds other than those stated therein except lack of jurisdiction over the offense charged. (3a, 4a, 5a.)

Section 3. Grounds. - The accused may move to quash the complaint or information on any of the following grounds:

Section 4. Amendment of complaint or information. - If the motion to quash is based on an alleged defect in the complaint or information which can be cured by amendment, the court shall order the amendment to be made. (2a)

Section 5. Effect of sustaining the motion to quash. - If the motion to quash is sustained the court may order that another information be file. If such order is made the accused, if in custody, shall remain so unless he shall be admitted to bail. If such order is not made or if having been made another information is not filed within a time to be specified in the order, or within such further the court may allow for good cause shown the accused, if in custody, shall be discharged there from, unless he is also in custody on some other charge. (7a)

Section 6. Order sustaining the motion to quash not a bar to another prosecution; exception. – An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in Section 3, sub-sections (f) and (h) of this Rule. (8a)

Section 7. Former conviction or acquittal; double jeopardy. - When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another persecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessary includes the offense charged in the former complaint or information under any of the following instances:

In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. (9a)

Section 8. Failure to move to quash or to allege any ground therefor. - The failure of the accused to assert any ground of a motion to quash before he pleads the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of the grounds of a motion to quash, except the grounds of no offense charged, lack of jurisdiction, extinction of the offense or penalty and jeopardy, as provided for in paragraphs (a), (b), (f) and (h) of Section 3 of this Rule. (10a)

Rule 118
PRE-TRIAL

Section 1. Pre-trial; when proper. - To expedite the trial, where the accused and counsel agree, the court shall conduct a pre-trial conference on the matters enumerated in Section 2 hereof, without impairing the rights of the accused, (n)

Section 2. Pre-trial conference; subjects. - The pre-trial conference shall consider the following:

Rule 119
TRIAL

Section 1. Notice of trial. - The parties shall be notified of the date of trial at least two (2) days before such date. (1a)

Section 2. Continuous trial until terminated; postponements. - Trial once commenced shall continue from day to day as far as practicable until terminated; but for good cause, it may be postponed for a reasonable period of time. (2a)

Section 3. Order of trial. - The trial shall proceed in the following order:

Section 4. Application for examination of witness for accused before trial. - When the accused has been held to answer for an offense, he may, upon motion with notice to all other parties, have witnesses conditionally examined in his behalf in the manner hereinafter provided, but not otherwise. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony; and (c) that the witness is so sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than 100 kilometers from the place of trial and has no means to attend the same, or that, apart from the foregoing, other similar circumstances exist that would make him unavailable or prevent him from attending the trial. The accused and such other evidence as the court may require. (4a)

Section 5. Examination of defense witness; how made. -If the court is satisfied that the examination of witness for the accused is necessary, an order will be made directing that the witness be examined at a specified time and place, and that a copy of the order be served on the fiscal within a given time prior to that fixed for the examination. The examination will be taken before any judge or if not practicable, any member of the Bar in good standing so designated by the judge in the order, or, if the order be granted by a court of superior jurisdiction, before an inferior court to be designated in the order. The examination shall proceed notwithstanding the absence of the fiscal, if it appeals that he was duly notified of the hearing. A written record of the testimony shall be taken. (5a)

Section 6. Bail to secure appearance of material witness. - When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may upon the motion of either party order the witness to post bail in such sum as may be deemed proper. 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. (6a)

Section 7. Examination of witness for the prosecution. - Where it shall satisfactorily appear that the witness for the prosecution is too sick or infirm to appear at the trial as directed by the order of the court, or has to leave the Philippines with no definite date of returning thereto, he may forthwith be conditionally examined before the judge or the court where the case is pending. Such examination in the presence of the accused, or after reasonable notice to attend the examination has been served on him, will be conducted in the same manner as an examination at the trial. Failure or refusal on the part of the accused to attend the examination after notice hereinbefore provided, shall be considered a waiver. The statement thus taken may be admitted in behalf of or against the accused. (7a)

Section 8. Trial of several accused. - When two or more accused are jointly charged with any offense, they shall be tried jointly, unless the court in its discretion upon motion of the fiscal or any accused orders separate trials for one or more accused. (8a)

Section 9. Discharge of accused to be state witness. - When two or more persons are jointly charge with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:

Evidence adduced in support of the discharge shall automatically form part of the trial. If the Court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence, (9a)

Section 10. Discharge of accused operates as acquittal. - The order indicated in the preceding section shall amount to an acquittal of the accused discharged and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. (11a)

Section 11. When mistake has been made in charging the proper offense. - When it becomes manifest at any time before judgment, that a mistake has been made in charging the proper offense, and the accused cannot be convicted of the offense charge, or of any other offense necessarily included therein the accused shall not be discharged, if there to be good cause to detain him. In each the court shall commit the accused to answer for the proper offense and dismiss the original upon the filing of the proper information.

Section 12. Appointment of acting fiscal. - When a fiscal, his assistant or deputy shall be disqualified to act, for any of the reasons stated in Section 1 Rule 137, or any other reasons, the judge or the fiscal shall communicate with the Minister of Justice in order that the latter may appoint an acting fiscal. (13a)

Section 13. Exclusion of the public. - The court may, motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is of such a character as to be offensive to decency or public morals. The court may also, on motion of the accused exclude the public from the trial except court personnel and the counsel of the parties. (14a)

Section 14. Consolidation of trials of related offenses.– Charges for offenses founded on the same facts, or forming part of a series of offenses of similar character may be tried jointly at the court's discretion. (15a)

Section 15. Demurrer to evidence. - When after the prosecution has rested its case, the accused files a motion to dismiss the case on the ground of in sufficiency of evidence, he waives the right to present evidence and submits the case for judgment basis of the evidence for the prosecution. (n)

Rule 120
JUDGMENT

Section 1. Judgment defined. - The term judgment as used in this Rule means the adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. (1a)

Section 2. Form and contents of judgment. — The judgment must be written in the official language, personally and directly prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts proved or admitted by the accused and the law upon which the judgment is based. If it is of conviction, the judgment shall state (a) the legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission thereof, if there are any; (b) the participation of the accused in the commission of the offense, whether as principal, accomplice, or accessory after the fact; (c) the penalty imposed upon the accused; and (d) the civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate action has been reserved or waived. In case of acquittal, unless there is a clear showing that the act from which the civil liability might arise did not exist, the judgment shall make a finding on the civil liability of the accused in favor of the offended party. (2a)

Section 3. Judgment for two or more offenses. - When two or more offenses are charged in a single complaint or information, and the accused fails to object to it before trial, the court may convict the accused of as many offenses as are charged and proved, and impose on him the penalty for each and every one of them setting out separately the findings of fact and law in each case. (3a)

Section 4. Judgment in case of variance between allegation and proof. - When there is variance between the offense charged in the complaint or information, and that proved or established by the evidence, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved included in that which is charged or of the offense charged included in that which is proved. (4a)

Section 5. When an offense includes or is included in another. - An offense charged necessarily includes that which is proved, when some of the essential elements or ingredients of the former, as this is alleged in the complaint or information, constitute the latter. And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter. (5)

Section 6. Promulgation of judgment. - The judgment is promulgated by reading the same in the presence of the accused and any judge of the court in which it was rendered. However, if the conviction is for a light offense, the judgment may be pronounced in the presence of his counsel or representative. When the judge is absent or outside of the province or city, the judgment may be promulgated by the clerk of court. If the accused is confined or detained in another province or city, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court that rendered the judgment. The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal. The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. In case the accused fails to appear thereat the promulgation shall consist in the recording of the judgment in the criminal docket and a copy thereof shall be served upon the accused or counsel. If the judgment is for conviction, and the accused's failure to appear was without justifiable cause, the court shall further order the arrest of the accused, who may appeal within fifteen (15) days from notice of the decision to him or his counsel, (6a)

Section 7. Modification of judgment. - A judgment of conviction may, upon motion of the accused, be modified or set aside by the court rendering it before the judgment has become final or appeal has been perfected. A judgment in a criminal case becomes final after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or the accused has expressly waived in writing his right to appeal, or the accused has applied for probation. (7a)

Section 8. Entry of judgment. - After a judgment has become final it shall be entered in accordance with Rule 36. (8)

Section 9. Existing provisions governing suspension of sentence, probation and parole, not affected by this Rule. - Nothing in this Rule shall be construed as affecting any existing provision in the law governing suspension of sentence, probation or parole. (9)

Rule 121
NEW TRIAL OR RECONSIDERATION

Section 1. New trial or reconsideration. - At any time before a judgment of conviction becomes final, the court may on motion of the accused, or on its own instance with the consent of the accused, grant a new trial or reconsideration. (1a)

Section 2. Grounds for a new trial. - The court grant a new trial on any of the following grounds:

Section 3. Ground for reconsideration. - The court shall grant reconsideration on the ground of errors of law or fact in the judgment, which require no further proceedings. (n)

Section 4. Form of motion and notice to the fiscal. - The motion for a new trial or reconsideration shall be in writing and filed with the court. It shall state the grounds on which it is based. If the motion for a new trial is based on a newly discovered evidence, it must be supported by the affidavits of the witnesses by whom such evidence is expected to be given, or by duly authenticated copies of documents which it is proposed to introduce in evidence. Notice of the motion for new trial or reconsideration shall be given to the fiscal. (3a)

Section 5. Hearing on motion. - Where a motion for a new trial calls for the decision of any question of fact the court may hear evidence of such motion by affidavits or otherwise. (4)

Section 6. Effects of granting a new trial or reconsideration. - The effects of granting a new trial or reconsideration are the following:

Rule 122
APPEAL

Section 1. Where to appeal. - An appeal may be taken as hereinafter prescribed, from all final judgments and orders:

Rule 123
PROCEDURE IN THE MUNICIPAL TRIAL COURTS

Section 1. Uniform Procedure. - The procedure to be observed in the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shall be the same as in the Regional Trial Courts, except in criminal cases governed by the Rule on Summary Procedure in Special Cases adopted on August 1, 1983, namely, (1) Violations of traffic laws, rules and regulations; (2) Violations of the rental law; (3) Violations of municipal or city ordinances; and (4) All other criminal cases where the penalty prescribed by law for the offense charged does not exceed six months imprisonment, or a fine of one thousand pesos (P1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, said Rule shall govern where the imposable fine does not exceed ten thousand pesos (P10,000.00). (n)

Rule 124
PROCEDURE IN THE INTERMEDIATJ APPELLATE COURT

Section 1. Title of the case. - In all criminal cases brought to the Intermediate Appellate Court, the party bringing the case to the appellate court shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was below, (1a)

Section 2. Appointment of counsel de oficio for the accused. - If it appears from the record of the case as transmitted: (a) that the accused is confined in prison, (b) without counsel de parte on appeal, and (c) signed the notice of appeal himself, then the clerk of the Intermediate Appellate Court shall designate a member of the bar to defend him, such designation to be made by rotation, unless otherwise directed by order of the court. An accused-appellant not confined in prison shall not be entitled to a counsel de oficio, unless the appointment of such counsel is requested in the appellate court within ten (10) days from receipts is established by affidavit. (2a)

Section 3. When brief for appellant to be filed. - Within thirty (30) days from receipt by appellant or his counsel of the notice from the clerk of the appellate court that the evidence, oral and documentary, is already attached to the record, the appellant shall file seven (7) copies of his brief with the clerk which shall be accompanied by proof of service of two (2) copies thereof upon the appellee. (3a).

Section 4. When brief for appellee to be filed. - Within thirty (30) days from the receipt of the brief of the appellant, the appellee shall file seven copies of his brief with the clerk which shall be accompanied by proof of service of two (2) copies thereof upon the appellant. (4a)

Section 5. Extension of time for filing briefs. - Extension of time for the filing of briefs will not be allowed, except for good and sufficient cause, and only if the motion for extension is filed before the expiration of the time sought to be extended. (5)

Section 6. Form of briefs. - Briefs shall either be typewritten on good quality unglazed paper, or mimeographed or printed on newsprint or brown mimeograph paper, 280 mm. in length by 216 mm. in width (commonly known as letter size). (6a)

Section 7. Contents of briefs. - The briefs in criminal cases shall have the same contents as provided in Sections 16 and 17 of Rule 46. The decision or order appealed from shall be copied as an appendix to the appellant's brief. (7)

Section 8. Dismissal of appeal for abandonment or failure to prosecute. - The appellate court may, upon motion of the appellee or on its own motion and notice to the appellant, dismiss the appeal if the appellant fails to file his brief within the time prescribed by this Rule, except in case the appellant is presented by a counsel de oficio. The court may also, upon motion of the appellee or on its own motion, dismiss the appeal if the appellant escapes from prison or confinement or jumps bail or flees to a foreign country during the pendency of the appeal. (8a)

Section 9. Prompt disposition of cases. - All appeals were the accused is under detention shall have precedence over other appeals. The appellate court shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. The accused need not be present in court during the hearing of the appeal. (9a)

Section 10. Judgment not to be reversed or modified except for substantial error. - No judgment shall be reversed or modified unless the appellate court after an examination of all the appeal papers is of the opinion that error was committed which injuriously affected the substantial rights of the appellant. (10)

Section 11. Power of appellate court on appeal. - Upon appeal from a judgment of the Regional Trial Court, the appellate court may reverse, affirm, or modify the judgment and increase or reduce the penalty imposed by the trial court, remand the case to the Regional Trial Court for new trial or retrial, or dismiss the case. (11a)

Section 12. Power to receive evidence. - The Intermediate Appellate Court shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct news trials or further proceedings. (n)

Section 13. Quorum of the court. - The concurrence of three (3) Justices of a division shall be necessary for the pronouncement of a judgment or resolution. Whenever the Division is composed of less than five (5) members and the necessary concurrence of three (3) Justices cannot be obtained for a decision or resolution, the Chairman of the division shall request the raffle committee of the Intermediate Appellate Court for the designation of additional Justices to participate in the case. The designation of additional Justices shall be made strictly by raffle from the Justices of the other Criminal Cases Division. Whenever a Criminal Cases Division should be of the opinion that the penalty of death or life imprisonment should be imposed in a case, the said Division after discussion of the evidence and the law involved, shall render judgment imposing the penalty of either death or reclusion perpetua as the circumstances warrant, refrain from entering judgment and forthwith certify the case and elevate the entire record thereof to the Supreme Court for review. (12a)

Section 14. Motion for new trial. - At any time after the appeal from the lower court has been perfected and before the judgment of the appellate court convicting the accused becomes final, the latter may move for a new trial on the ground of newly discovered evidence material to his defense, the motion to conform to the provisions of Section 4, Rule 121. (13a)

Section 15. Where new trial conducted. - When a raw trial is granted, the Intermediate Appellate Court may refer it to the court of origin. (14a)

Section 16. Rehearing or reconsideration. - Motion for a rehearing or reconsideration shall be made within fifteen (15) days after notice of the decision of the court, with copies served upon the adverse party, setting forth the grounds on which they are made. The mittimus shall be stayed during the pendency of a motion for rehearing or reconsideration. No party shall be allowed to file a second motion for rehearing or reconsideration of a final judgment or order. (15a)

Section 17. Judgment transmitted and filed in trial court. - When the entry of judgment of the appellate court is issued, a certified true copy of the judgment shall be transmitted to the clerk of the court from which the appeal was taken, and shall be filed by him. (16a)

Section 18. Application of certain rules in civil to criminal cases. - The provisions of Rules 46 to 56 relating to procedure in the Intermediate Appellate Court and in the Supreme Court in original as well as appealed civil cases shall, insofar as they are applicable and not inconsistent with the provisions of this Rule, be applied to criminal cases. (17a)

Rule 125
PROCEDURE IN THE SUPREME COURT

Section 1. Uniform procedure. - Unless otherwise provided by the Constitution or the law, the procedure in the Supreme Court in original as well as in appealed cases shall be the same as in the Intermediate Appellate Court, (1a)

Section 2. Review of decisions of the Intermediate Appellate Court. - The procedure for the review by the Supreme Court of decisions rendered by the Intermediate Appellate Court in criminal cases shall be the same as in civil cases, (2a)

Section 3. Decision if opinion is equally divided. - When the court en banc is equally divided in opinion or the necessary majority cannot be had, the case shall be reheard, and if in rehearing no decision is reached, the judgment of conviction of the lower court shall be reversed and the accused acquitted. (3a)

Rule 126
SEARCH AND SEIZURE

Section 1. Search warrant defined. - A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. (1a)

Section 2. Personal property to be seized. - A search warrant may be issued for the search and seizure of personal property:

Section 3. Requisites for issuing search warrant. - A search warrant shall not issue but upon probable cause in connection with one specific offense to be determined by the judge or such other responsible officer authorized by law after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized. (3a)

Section 4. Examination of complainant; record. - The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath the complainant and any witnesses he may produce on facts personally known to them and attach to the record their sworn statements together with any affidavits submitted. (4a)

Section 5. Issuance and form of search warrant. - If the judge is thereupon satisfied of the existence of facts upon which the application is based, or that there is probable cause to believe that they exist, he must issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)

Section 6. Right to break door or window to effect search. - The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. (6)

Section 7. Search of house, room, or premise, to be made in presence of two witnesses. - No search a house, room, or any other premise shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, in the presence of two witnesses of sufficient age and discretion residing in the same locality. (7a)

Section 8. Time of making search. - The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8)

Section 9. Validity of search warrant. - A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9)

Section 10. Receipt for the property seized. - The officer seizing property under the warrant must give a detailed receipt for the same to the Iawful occupant of the premises in whose presence the search, and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (10a)

Section 11. Delivery of property and inventory thereof to court. - The officer must forthwith deliver the property seized to the judge who issued the warrant, together with a true inventory thereof duly verified under oath. (11a)

Section 12. Search incident to lawful arrest. - A person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant. (12a)

Rule 127
PROVISIONAL REMEDIES IN CRIMINAL CASES

Section 1. Availability of provisional remedies. - The provisional remedies in civil actions may likewise be availed of in connection with the civil action deemed instituted with the criminal action, insofar as they are applicable. (n)

Section 2. Attachment. - At the commencement of a criminal action or at any time thereafter, when action for the recovery of civil liability arising from the offense charged is not expressly waived or the right to institute such civil action separately is not reserved, the offended party may have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused, in the following cases:

Footnotes