Please enable JavaScript.
Coggle requires JavaScript to display documents.
(THE REVISED RULES OF CRIMINAL PROCEDURE (As amended, December 1, 2000),…
THE REVISED RULES OF CRIMINAL PROCEDURE (As amended, December 1, 2000)
- Rule 110: Prosecution of Offenses
- Institution of Criminal Actions
- Preliminary investigation required: File complaint with the proper officer.
- All other offenses: File complaint or information directly with Municipal Trial Courts or Municipal Circuit Trial Courts, or the complaint with the prosecutor's office.
- In Manila and other chartered cities: Complaint is filed with the prosecutor's office.
- Institution of criminal action interrupts the running period of prescription.
- The Complaint or Information
- Must be in writing, in the name of the People of the Philippines.
- Complaint Defined: A sworn written statement by the offended party, a peace officer, or another public officer charging a person with an offense.
- Information Defined: A written accusation charging a person with an offense, subscribed by the prosecutor and filed with the court.
- Who Must Prosecute Criminal Actions
- Generally prosecuted under the direction and control of the prosecutor.
- In Municipal Trial Courts, if the prosecutor is unavailable, the offended party, a peace officer, or a public officer may prosecute the case.
- Crimes like adultery, concubinage, seduction, abduction, and acts of lasciviousness have specific rules on who can file the complaint.
- Sufficiency of Complaint or Information
-
- Designation of the offense
- Acts or omissions constituting the offense
- Name of the offended party
- Approximate date and place of the offense
- Place where action is to be instituted
- Generally, where the offense was committed or where any of its essential ingredients occurred.
- Specific rules for offenses committed in a train, aircraft, vessel, or outside the Philippines.
- Rule 111: Prosecution of Civil Action
- Institution of Actions: Civil action for civil liability is generally deemed instituted with the criminal action.
- Independent Civil Actions: Can proceed independently of the criminal action in certain cases (Articles 32, 33, 34, and 2176 of the Civil Code).
- Effect of Death: Death of the accused after arraignment extinguishes the civil liability arising from the delict.
- Suspension by reason of Prejudicial Question: A petition to suspend the criminal action can be filed if a civil action involves an issue that determines whether the criminal action may proceed.
- Rule 112: Preliminary Investigation
- Definition and When Required: An inquiry to determine if there is a well-founded belief that a crime has been committed and the respondent is probably guilty. Required for offenses where the penalty is at least four years, two months, and one day.
- Authorized Officers: Provincial or City Prosecutors, Judges of Municipal Trial Courts, National and Regional State Prosecutors, and other authorized officers.
- Procedure: Involves filing a complaint with affidavits, the investigating officer issuing a subpoena to the respondent, and the respondent submitting a counter-affidavit.
- Resolution: The investigating prosecutor prepares a resolution and information if there is cause to hold the respondent for trial.
- When Warrant of Arrest May Issue: A judge evaluates the prosecutor's resolution and evidence to determine probable cause.
- Definition: Taking a person into custody to answer for the commission of an offense.
- How Made: By actual restraint or submission to custody. No unnecessary force should be used.
- Execution of Warrant: The warrant is executed within ten days from its receipt by the head of the office.
- Arrest without Warrant: Lawful under specific circumstances, such as when the person is committing an offense in the presence of the arresting party or when an offense has just been committed.
- Method of Arrest: The arresting officer or private person must inform the person of the cause of the arrest and their authority, unless it would imperil the arrest.
- Right of Attorney or Relative: The person arrested has the right to visit and confer privately with a member of the Philippine Bar.
- Definition: Security for the release of a person in custody to guarantee their appearance in court.
- Kinds of Bail: Corporate surety, property bond, cash deposit, or recognizance.
- Conditions: The accused must appear in court when required. Failure to appear without justification is a waiver of the right to be present at trial.
- Bail as a Matter of Right: A right for all persons in custody, with sufficient sureties, for offenses not punishable by death, reclusion perpetua, or life imprisonment, before conviction by the Regional Trial Court.
- Bail when Discretionary: After conviction by the Regional Trial Court for an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.
- Rule 115: Rights of Accused
- Rights at the Trial: The accused has rights including:
-
- Being informed of the accusation
- Being present and defending in person and by counsel at every stage of the proceedings
- Testifying as a witness in their own behalf
- Being exempt from being a witness against themselves
- Confronting and cross-examining witnesses
- Rule 116: Arraignment and Plea
- Arraignment: The accused is informed of the complaint or information by the court, and is asked to plead guilty or not guilty.
- Plea: The accused must plead personally, except in certain cases.
- Plea of Guilty to a Lesser Offense: Allowed with the consent of the offended party and the prosecutor.
- Suspension of Arraignment: Can be suspended if the accused has an unsound mental condition, a prejudicial question exists, or a petition for review of the prosecutor's resolution is pending.
- Rule 117: Motion to Quash
- When to File: At any time before entering a plea.
- Grounds: Include that the facts do not constitute an offense, lack of jurisdiction, or that the criminal action has been extinguished.
- When to Hold: After arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused.
- Matters to be Considered: Plea bargaining, stipulations of facts, marking of evidence, waiver of objections to evidence, and other matters.
- Speedy Trial: The trial should be held within a certain timeframe, and a violation can lead to dismissal of the case.
- Demurrer to Evidence: The accused can file a motion for leave of court to file a demurrer to evidence within a non-extendable period of five days after the prosecution rests its case.
- Reopening: The judge can reopen proceedings before the finality of the conviction judgment to avoid a miscarriage of justice.
- Definition: The adjudication by the court that the accused is guilty or not guilty.
- Contents: Must be written in the official language, personally and directly prepared by the judge, and state the facts and law upon which it is based.
- Promulgation: Done by reading the judgment in the presence of the accused and any judge of the court.
- Rule 121: New Trial or Reconsideration
- Grounds for a New Trial: Newly discovered evidence or errors of law or irregularities committed during the trial.
- Motion for Reconsideration: Filed based on errors of law or fact in the judgment.
- Where to Appeal: To the Regional Trial Court from the Municipal Trial Court, to the Court of Appeals from the Regional Trial Court, and to the Supreme Court from the Court of Appeals.
- Rule 124: Procedure in the Court of Appeals
- Appeal Dismissal: The Court of Appeals may dismiss the appeal if the appellant fails to file a brief within the prescribed time.
- Rule 125: Procedure in the Supreme Court
- Uniform Procedure: The procedure is generally the same as in the Court of Appeals.
- Review of Decisions: The procedure for reviewing criminal cases from the Court of Appeals is the same as in civil cases.
- Equally Divided Opinion: If the court is equally divided, the judgment of conviction of the lower court is reversed, and the accused is acquitted.
- Rule 126: Search and Seizure
- Search Warrant: An order in writing signed by a judge, commanding a peace officer to search for personal property and bring it before the court.
- Requisites: Must be based on probable cause determined personally by the judge after examining the applicant and witnesses under oath.
- Motion to Quash: A motion to quash a search warrant can be filed and acted upon by the court where the criminal action has been instituted or the court that issued the warrant.
- Rule 127: Provisional Remedies in Criminal Cases
- Availability: Provisional remedies in civil actions can be used in the civil action that is deemed instituted with the criminal action.
- Attachment: The offended party may have the property of the accused attached in certain cases, such as when the accused is about to abscond.
Based on the document provided, here is a mind map of the Revised Rules of Criminal Procedure.