CRIMINAL PROCEDURESyllabus 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 necessary 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 control

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, 2002Judgment, 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 694Total number: 381 cases