THE REVISED RULES
THE REVISED RULES OF CRIMINAL PROCEDUREOF CRIMINAL PROCEDURE
(Rules 110 - 127, Rules of Court) (Rules 110 - 127, Rules of Court)
RULE 110 - PROSECUTION OF OFFENSES
RULE 110 - PROSECUTION OF OFFENSES
Section 1.
Section 1. Institution of criminal actions.Institution of criminal actions. – Criminal a – Criminal actions shall be ictions shall be instituted as follnstituted as followsows (a)
(a) !or offe!or offenses whenses where a "relimire a "reliminar# in$nar# in$esti%esti%atioation is re&uired "urn is re&uired "ursuantsuant to Section 1 of Rule 112, b# filin% the com"laint with the "ro"er to Section 1 of Rule 112, b# filin% the com"laint with the "ro"er off
officeicer r for for the the "ur"ur"os"ose e of of conconducductintin% % the the rere&ui&uisitsite e "re"relilimiminarnar## in$esti%ation.
in$esti%ation. (b)
(b) !or all oth!or all other offener offenses, b# filises, b# filin% the com"ln% the com"laint or infoaint or informatirmation direcon directl#tl# with the 'unici"al rial Courts and 'unici"al Circuit rial Courts, with the 'unici"al rial Courts and 'unici"al Circuit rial Courts, or the com"laint with the office of the "rosecutor. n 'anila and or the com"laint with the office of the "rosecutor. n 'anila and other chartered cities, the com"laints shall be filed with the office of other chartered cities, the com"laints shall be filed with the office of the "rosecutor unless otherwise "ro$ided in their
the "rosecutor unless otherwise "ro$ided in their charters.charters.
he institution of the criminal action shall interru"t the runnin% of the he institution of the criminal action shall interru"t the runnin% of the "eriod of "rescri"tion of the offense char%ed unless otherwise "ro$ided in "eriod of "rescri"tion of the offense char%ed unless otherwise "ro$ided in s"ecial laws.
s"ecial laws. Section 2.
Section 2. The complThe complaint or informaaint or informationtion – – he he com"laint com"laint or or information information shall shall be be inin writin%, in the name of the
writin%, in the name of the *eo"le of the *hili""ines and a%ainst all "ersons*eo"le of the *hili""ines and a%ainst all "ersons who a""ear to be res"onsible for
who a""ear to be res"onsible for the offense in$ol$ed.the offense in$ol$ed. Section +.
Section +. Complaint defined Complaint defined . – com"laint is a sworn written statement char%in% a. – com"laint is a sworn written statement char%in% a "er
"erson son wiwith th an an offoffensense, e, subsubscrscribibed ed b# b# the the offoffendended ed "ar"art#t#, , an# an# "ea"eacece officer, or other "ublic officer char%ed with the enforcement of the law officer, or other "ublic officer char%ed with the enforcement of the law $iolated.
$iolated. Section .
Section . Information defined.Information defined. - n information is an accusation in writin% char%in% a - n information is an accusation in writin% char%in% a "erson with an offense, subscribed b# the "rosecutor and
"erson with an offense, subscribed b# the "rosecutor and filed with the court.filed with the court. Section .
Section . Who must prosecute criminal actions.Who must prosecute criminal actions. – ll criminal actions commenced b# – ll criminal actions commenced b# a com"laint or information shall be "rosecuted under the direction and a com"laint or information shall be "rosecuted under the direction and control of the "rosecutor. /owe$er, in 'unici"al rial Courts or 'unici"al control of the "rosecutor. /owe$er, in 'unici"al rial Courts or 'unici"al Circuit rial Courts when the "rosecutor assi%ned thereto or to the case is Circuit rial Courts when the "rosecutor assi%ned thereto or to the case is no
not t a$aa$aililablable, e, the the offoffenended ded "ar"art#t#, , an# an# "e"eace ace offofficicerer, , or or "u"ubliblic c offofficeicer r char%ed with the enforcement of the law $iolated ma# "rosecute the case. char%ed with the enforcement of the law $iolated ma# "rosecute the case. his authorit# shall cease u"on actual inter$ention of the "rosecutor or his authorit# shall cease u"on actual inter$ention of the "rosecutor or u"on ele$ation of the
02-2-0-!C "#ffecti$e Ma% 0&' 2002
2-0-!C "#ffecti$e Ma% 0&' 2002 )atest Amendments to !ection *' Rule )atest Amendments to !ection *' Rule &&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides
&&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides SectionSection .
. Who Who mumust st proprosecsecute ute cricrimiminal nal actactionion.. -- ll ll criminal criminal actions actions either either commenced b# com"laint or b# information shall be "rosecuted under the commenced b# com"laint or b# information shall be "rosecuted under the direction and control of a "ublic "rosecutor. n case of hea$#
direction and control of a "ublic "rosecutor. n case of hea$# wor schedulewor schedule of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the "r
"ri$i$atate e "r"rososecuecutotor r mama# # be be auauththororiied ed in in wrwrititinin% % b# b# ththe e ChChieief f of of ththee *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case u" to end of
u" to end of the trial e$en in the absence the trial e$en in the absence of a "ublic "rosecutor, unless theof a "ublic "rosecutor, unless the authorit# is re$oed or otherwise withdrawn.4 4 4 5
authorit# is re$oed or otherwise withdrawn.4 4 4 5 /. /. he
he cricrimes mes of of aduadultelter# r# and and conconcubcubinaina%e %e shashall ll nonot t be be "ro"rosecsecuteutedd e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# cannot institute criminal "rosecution without includin% the %uilt# "arties, if cannot institute criminal "rosecution without includin% the %uilt# "arties, if both are ali$e, nor, in an# case, if the offended "art# has consented to the both are ali$e, nor, in an# case, if the offended "art# has consented to the offense or "ardoned the
offense or "ardoned the offenderoffenders.s.
he offenses of seduction, abduction and acts
he offenses of seduction, abduction and acts of lasci$iousness shallof lasci$iousness shall not be "rosecuted u"on a com"laint filed b# the offended "art# of her not be "rosecuted u"on a com"laint filed b# the offended "art# of her "arents, %rand"arents or %uardian, nor, in an# case, if the offender has "arents, %rand"arents or %uardian, nor, in an# case, if the offender has been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or becomes inca"acitated before she can file the com"laint, and she has no becomes inca"acitated before she can file the com"laint, and she has no no
nown wn "ar"arentents, s, %ra%rand"nd"arearents nts or or %ua%uardirdianan, , the the StaState te shashall ll iniinitiatiate te ththee criminal action in her behalf.
criminal action in her behalf. he offen
he offended "artded "art##, , e$ee$en n if if a a miminornor, , has has the the ri%ri%ht ht to to iniinitiatiate te thethe "
"rorossececututiioon n oof f tthe he oofffefennseses s of of sesedducuctitioon, n, aabdbducuctitioon n anand d aactcts s oof f lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, unless she is incom"etent or inca"able of doin% so. 6here the offended unless she is incom"etent or inca"able of doin% so. 6here the offended "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, or
or %u%uarardidian an mama# # fifile le ththe e sasameme. . hhe e riri%h%ht t to to fifile le ththe e acactition on %r%rananteted d toto "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons and shall be e4ercised successi$el# in
and shall be e4ercised successi$el# in the order herein "ro$ided, e4ce"t asthe order herein "ro$ided, e4ce"t as stated in the "recedin% "ara%ra"h.
stated in the "recedin% "ara%ra"h.
o criminal action for defamation which consists in the im"utation of o criminal action for defamation which consists in the im"utation of an
an# # of of ththe e ofoffefensnses es mementntioionened d ababo$o$e e shshalall l be be brbrouou%h%ht t e4e4cece"t "t at at ththee instance of and
2-0-!C "#ffecti$e Ma% 0&' 2002
2-0-!C "#ffecti$e Ma% 0&' 2002 )atest Amendments to !ection *' Rule )atest Amendments to !ection *' Rule &&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides
&&0 of the Re$ised Rules of Criminal +rocedure ,hich pro$ides SectionSection .
. Who Who mumust st proprosecsecute ute cricrimiminal nal actactionion.. -- ll ll criminal criminal actions actions either either commenced b# com"laint or b# information shall be "rosecuted under the commenced b# com"laint or b# information shall be "rosecuted under the direction and control of a "ublic "rosecutor. n case of hea$#
direction and control of a "ublic "rosecutor. n case of hea$# wor schedulewor schedule of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the of the "ublic "rosecutor or in the e$ent of lac of "ublic "rosecutors, the "r
"ri$i$atate e "r"rososecuecutotor r mama# # be be auauththororiied ed in in wrwrititinin% % b# b# ththe e ChChieief f of of ththee *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case *rosecution ffice or the Re%ional State *rosecutor to "rosecute the case sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the sub3ect to the a""ro$al of the court. nce so authoried to "rosecute the criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case criminal action, the "ri$ate "rosecutor shall continue to "rosecute the case u" to end of
u" to end of the trial e$en in the absence the trial e$en in the absence of a "ublic "rosecutor, unless theof a "ublic "rosecutor, unless the authorit# is re$oed or otherwise withdrawn.4 4 4 5
authorit# is re$oed or otherwise withdrawn.4 4 4 5 /. /. he
he cricrimes mes of of aduadultelter# r# and and conconcubcubinaina%e %e shashall ll nonot t be be "ro"rosecsecuteutedd e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# e4ce"t u"on a com"laint filed b# the offended s"ouse. he offended "art# cannot institute criminal "rosecution without includin% the %uilt# "arties, if cannot institute criminal "rosecution without includin% the %uilt# "arties, if both are ali$e, nor, in an# case, if the offended "art# has consented to the both are ali$e, nor, in an# case, if the offended "art# has consented to the offense or "ardoned the
offense or "ardoned the offenderoffenders.s.
he offenses of seduction, abduction and acts
he offenses of seduction, abduction and acts of lasci$iousness shallof lasci$iousness shall not be "rosecuted u"on a com"laint filed b# the offended "art# of her not be "rosecuted u"on a com"laint filed b# the offended "art# of her "arents, %rand"arents or %uardian, nor, in an# case, if the offender has "arents, %rand"arents or %uardian, nor, in an# case, if the offender has been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or been e4"ressl# "ardoned b# an# of them. f the offended "art# dies or becomes inca"acitated before she can file the com"laint, and she has no becomes inca"acitated before she can file the com"laint, and she has no no
nown wn "ar"arentents, s, %ra%rand"nd"arearents nts or or %ua%uardirdianan, , the the StaState te shashall ll iniinitiatiate te ththee criminal action in her behalf.
criminal action in her behalf. he offen
he offended "artded "art##, , e$ee$en n if if a a miminornor, , has has the the ri%ri%ht ht to to iniinitiatiate te thethe "
"rorossececututiioon n oof f tthe he oofffefennseses s of of sesedducuctitioon, n, aabdbducuctitioon n anand d aactcts s oof f lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, lasci$iousness inde"endentl# of her "arents, %rand"arents, or %uardian, unless she is incom"etent or inca"able of doin% so. 6here the offended unless she is incom"etent or inca"able of doin% so. 6here the offended "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, "art#, who is a minor, fails to file the com"laint, her "arents, %rand"arents, or
or %u%uarardidian an mama# # fifile le ththe e sasameme. . hhe e riri%h%ht t to to fifile le ththe e acactition on %r%rananteted d toto "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons "arents, %rand"arents, or %uardian shall be e4clusi$e of all other "ersons and shall be e4ercised successi$el# in
and shall be e4ercised successi$el# in the order herein "ro$ided, e4ce"t asthe order herein "ro$ided, e4ce"t as stated in the "recedin% "ara%ra"h.
stated in the "recedin% "ara%ra"h.
o criminal action for defamation which consists in the im"utation of o criminal action for defamation which consists in the im"utation of an
an# # of of ththe e ofoffefensnses es mementntioionened d ababo$o$e e shshalall l be be brbrouou%h%ht t e4e4cece"t "t at at ththee instance of and
he "rosecution for $iolation of s"ecial laws shall be %o$erned b# the he "rosecution for $iolation of s"ecial laws shall be %o$erned b# the "ro$ision thereof.
"ro$ision thereof. Section 8.
Section 8. !uff!ufficieicienc% nc% of of comcomplaiplaint nt or or infoinformarmation.tion. – com"laint or information is – com"laint or information is sufficient if it states the name of
sufficient if it states the name of the accused9 the desi%nation of the offensethe accused9 the desi%nation of the offense %i$en b# the statute9 the acts or omissions com"lained of as constitutin% %i$en b# the statute9 the acts or omissions com"lained of as constitutin% the offense9 the name of the offended "art#9 the a""ro4imate date of the the offense9 the name of the offended "art#9 the a""ro4imate date of the co
commmmisissision on of of ththe e ofoffefensnse9 e9 anand d ththe e "l"lacace e wwhehere re ththe e ofoffefensnse e wwasas committed.
committed.
6hen an offense is committed b# more than one "erson, all of them 6hen an offense is committed b# more than one "erson, all of them shall be included in the com"laint or information.
shall be included in the com"laint or information. Section 7.
Section 7. Name of the accused.Name of the accused. – he com"laint or information must state the name – he com"laint or information must state the name and surname of the accused or an# a""ellation or nicname b# which he and surname of the accused or an# a""ellation or nicname b# which he has been or is nown. f his name cannot be ascertained, he must be has been or is nown. f his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name is described under a fictitious name with a statement that his true name is unnown.
unnown.
f the true name of the accused is thereafter disclosed b# him or f the true name of the accused is thereafter disclosed b# him or a"
a""e"earars s in in sosome me ototheher r mamannnner er to to ththe e cocoururt, t, susuch ch trtrue ue naname me shshalall l bebe inserted in the com"laint or information and record.
inserted in the com"laint or information and record. Section :.
Section :. esi1nation of the offenseesi1nation of the offense. – he com"laint or information shall state the. – he com"laint or information shall state the desi%nation of the offense %i$en b# the statute, a$er the acts or omissions desi%nation of the offense %i$en b# the statute, a$er the acts or omissions co
consnstititututitin% n% ththe e ofoffefensnse, e, anand d s"s"ececifif# # itits s &u&ualalifif#i#in% n% anand d a%a%%r%ra$a$atatinin%% circumstances. f there is no desi%nation of the offense, reference shall be circumstances. f there is no desi%nation of the offense, reference shall be made to the section;subsection of the statute "unishin% it.
made to the section;subsection of the statute "unishin% it. Section <.
Section <. CauCause se of of the the accaccusausatiotion.n. – – hhe e acacts ts or or omomisissisionons s cocom"m"lalainined ed of of asas constitutin% the offense and the &ualif#in% and a%%ra$atin% circumstances constitutin% the offense and the &ualif#in% and a%%ra$atin% circumstances must be stated in ordinar# and concise lan%ua%e and not necessaril# in the must be stated in ordinar# and concise lan%ua%e and not necessaril# in the lan%ua%e used in the statute but in terms sufficient to enable a "erson of lan%ua%e used in the statute but in terms sufficient to enable a "erson of common understandin% to now what offense is bein% char%ed as well as common understandin% to now what offense is bein% char%ed as well as its &ualif#in% and a%%ra$atin% circumstance and for the court to "ronounce its &ualif#in% and a%%ra$atin% circumstance and for the court to "ronounce 3ud%ment.
3ud%ment. Section 10.
Section 10. +lace of commission of the offense+lace of commission of the offense. – he com"laint or information is. – he com"laint or information is sufficient if it can be understood from its alle%ations that the offense was sufficient if it can be understood from its alle%ations that the offense was committed or some of its essential in%redients occurred at some "lace committed or some of its essential in%redients occurred at some "lace within the 3urisdiction of the court, unless the "articular "lace where it was within the 3urisdiction of the court, unless the "articular "lace where it was
committed constitutes an essential element of the offense char%ed or is necessar# for its identification.
Section 11. ate of commission of the offense. - t is not necessar# to state in the com"laint or information the "recise date the offense was committed e4ce"t when it is a material in%redient of the offense. he offense ma# be alle%ed to ha$e been committed on a date as near as "ossible to the actual date of its commission.
Section 12. Name of the offended part% . – he com"laint or information must state the name and surname of the "erson a%ainst whom or a%ainst whose "ro"ert# the offense was committed, or an# a""ellation or nicname b# which such "erson has been or is nown. f there is no better wa# of identif#in% him, he must be described under a fictitious name.
(a) n offenses a%ainst "ro"ert#, if the name of the offended "art# is unnown, the "ro"ert# must be described with such "articularit# as to "ro"erl# identif# the offense char%ed.
(b) f the true name of the "erson a%ainst whom or a%ainst whose "ro"ert# the offense was committed is thereafter disclosed or ascertained, the court must cause such true name to be inserted in the com"laint or information and the record.
(c) f the offended "art# is a 3uridical "erson, it is sufficient to state its name, or an# name or desi%nation b# which it is nown or b# which it ma# be identified, without need of a$errin% that it is a 3uridical "erson or that it is or%anied in accordance with law.
Section 1+. uplicit% of the offense. – com"laint or information must char%e onl# one offense, e4ce"t when the law "rescribes a sin%le "unishment for $arious offenses.
Section 1. Amendment or sustitution. – com"laint or information ma# be amended, in form or in substance, without lea$e of court and when it can be done without causin% "re3udice to the ri%hts of the accused.
/owe$er, an# amendment before "lea, which down%rades the nature of the offense char%ed in or e4cludes an# accused from the com"laint or information, can be made onl# u"on motion b# the "rosecutor, with notice to the offended "art# and with lea$e of court. he court shall state its
reasons in resol$in% the motion and co"ies of its order shall be furnished all "arties, es"eciall# the offended "art#.
f it a""ears at an#time before 3ud%ment that a mistae has been made in char%in% the "ro"er offense, the court shall dismiss the ori%inal com"laint or information u"on the filin% of a new one char%in% the "ro"er offense in accordance with Section 1<, Rule 11<, "ro$ided the accused shall not be "laced in double 3eo"ard#. he court ma# re&uire the witnesses to %i$e bail for their a""earance at the trial.
Section 1. +lace ,here action is to e instituted. - (a) Sub3ect to e4istin% laws, the criminal action shall be instituted and tried in the court of the munici"alit# or territor# where the offense was committed or where an# of its essential in%redients occurred.
(b) 6here an offense is committed in a train, aircraft, or other "ublic or "ri$ate $ehicle in the course of its tri", the criminal action shall be instituted and tried in the court of an# munici"alit# or territor# where such train, aircraft, or other $ehicle "assed durin% its tri", includin% the "lace of its de"arture and arri$al.
(c) 6here an offense is committed on board a $essel in the course of its $o#a%e, the criminal action shall be instituted and tried in the court of the first "ort of entr# or of an# munici"alit# or territor# where the $essel "assed durin% such $o#a%e, sub3ect to the %enerall# acce"ted "rinci"les of international law.
(d) Crimes committed outside the *hili""ines but "unishable under rticle 2 of the Re$ised *enal Code shall be co%niable b# the court where
the criminal action is first filed.
Section 18. Inter$ention of the offended part% in criminal action. – 6here the ci$il action for reco$er# of ci$il liabilit# is instituted in the criminal action "ursuant to Rule 111, the offended "art# ma# inter$ene b# counsel in the "rosecution of the offense.
RULE 111 - PROSECUTION OF CIVIL ACTION
Section 1. Institution of criminal and ci$il actions. – (a) 6hen a criminal action is instituted, the ci$il action for the reco$er# of ci$il liabilit# arisin% from the
offense char%ed shall be deemed instituted with the criminal action unless the offended "art# wai$es the ci$il action, reser$es the ri%ht to institute it se"aratel# or institutes the ci$il action "rior to the criminal action.
he reser$ation of the ri%ht to institute se"aratel# the ci$il action shall be made before the "rosecution starts "resentin% its e$idence and under circumstances affordin% the offended "art# a reasonable o""ortunit# to mae such reser$ation.
6hen the offended "art# sees to enforce ci$il liabilit# a%ainst the accused b# wa# of moral, nominal, tem"erate, or e4em"lar# dama%es without s"ecif#in% the amount thereof in the com"laint or information, the filin% fees therefore shall constitute a first lien on the 3ud%ment awardin% such dama%es.
6here the amount of dama%es, other than actual, is s"ecified in the com"laint or information, the corres"ondin% filin% fees shall be "aid b# the offended "art# u"on the filin% thereof in court.
=4ce"t as otherwise "ro$ided in these Rules, no filin% fees shall be re&uired for actual dama%es.
o counterclaim, cross-claim or third-"art# com"laint ma# be filed b# the accused in the criminal case, but an# cause of action which could ha$e been the sub3ect thereof ma# be liti%ated in a se"arate ci$il action.
(b) he criminal action for $iolation of >atas *ambansa >l%. 22 shall be deemed to include the corres"ondin% ci$il action. o reser$ation to file such ci$il action se"aratel# shall be allowed.
?"on filin% of the aforesaid 3oint criminal and ci$il actions, the offended "art# shall "a# in full the filin% fees based on the amount of the chec in$ol$ed, which shall be considered as the actual dama%es claimed. 6here the com"laint or information also sees to reco$er li&uidated, moral, nominal, tem"erate or e4em"lar# dama%es, the offended "art# shall "a# additional filin% fees based on the amounts alle%ed therein. f the amounts are not so alle%ed but an# of these dama%es are subse&uentl# awarded b# the court, the filin% fees based on the amount awarded shall constitute a first lien on the 3ud%ment.
6here the ci$il action has been filed se"aratel# and trial thereof has not #et commenced, it ma# be consolidated with the criminal action u"on
a""lication with the court tr#in% the latter case. f the a""lication is %ranted, the trial of both actions shall "roceed in accordance with Section 2 of this Rule %o$ernin% consolidation of the ci$il and criminal actions.
Section 2. When separate ci$il action is suspended . – fter the criminal action has been commenced, the se"arate ci$il action arisin% therefrom cannot be instituted until final 3ud%ment has been entered in the criminal action.
f the criminal action is filed after the said ci$il action has alread# been instituted, the latter shall be sus"ended in whate$er state it ma# be found before 3ud%ment on the merits. he sus"ension shall last until final 3ud%ment is rendered in the criminal action. e$ertheless, before 3ud%ment
on the merits rendered in the ci$il action, the same ma#, u"on motion of the offended "art#, be consolidated with the criminal action in the court tr#in% the criminal action. n case of consolidation, the e$idence alread# adduced in the ci$il action shall be deemed automaticall# re"roduced in the criminal action without "re3udice to the ri%ht of the "rosecution to cross-e4amine the witness "resented b# the offended "art# in the criminal case and of the "arties to "resent additional e$idence. he consolidated criminal and ci$il actions shall be tried and decided 3ointl#.
@urin% the "endenc# of the criminal action, the runnin% "eriod of "rescri"tion of the ci$il action which cannot be instituted se"aratel# or whose "roceedin% has been sus"ended shall be tolled.
he e4tinction of the "enal action does not carr# with it e4tinction of the ci$il action. /owe$er, the ci$il action based on delict shall be deemed e4tin%uished if there is a findin% in a final 3ud%ment in the criminal action that the act or omission from which the ci$il liabilit# ma# arise did not e4ist. Section +. When ci$il action ma% proceed independentl% . – n the cases "ro$ided in
rticles +2, ++, + and 2178 of the Ci$il Code of the *hili""ines, the inde"endent ci$il action ma# be brou%ht b# the offended "art#. t shall "roceed inde"endentl# of the criminal action and shall re&uire onl# a "re"onderance of e$idence. n no case, howe$er, ma# the offended "art# reco$er dama%es twice for the same act or omission char%ed in the criminal action.
Section . #ffect of death on ci$il actions. – he death of the accused after arrai%nment and durin% the "endenc# of the criminal action shall e4tin%uish the ci$il liabilit# arisin% from the delict. /owe$er, the inde"endent ci$il action instituted under Section + of this Rule or which thereafter is
instituted to enforce liabilit# arisin% from other sources of obli%ation ma# be continued a%ainst the estate or le%al re"resentati$e of the accused after "ro"er substitution or a%ainst said estate, as the c ase ma# be. he heirs of the accused ma# be substituted for the deceased without re&uirin% the a""ointment of an e4ecutor or administrator and the court ma# a""oint a %uardian ad litem for the minor heirs.
he court shall forthwith order said le%al re"resentati$e or re"resentati$es to a""ear and be substituted within a "eriod of thirt# (+0) da#s from notice.
final 3ud%ment entered in fa$or of the offended "art# shall be enforced in the manner es"eciall# "ro$ided in these rules for "rosecutin% claims a%ainst the estate of the deceased.
f the accused dies before arrai%nment, the case shall be dismissed without "re3udice to an# ci$il action the offended "art# ma# file a%ainst the estate of the deceased.
Section . 3ud1ment in ci$il action not a ar. – final 3ud%ment rendered in a ci$il action absol$in% the defendant from ci$il liabilit# is not a bar to a criminal action a%ainst the defendant for the same act or omission sub3ect of the ci$il action.
Section 8. !uspension % reason of pre4udicial 5uestion. – "etition for sus"ension of the criminal action based u"on the "endenc# of a "re3udicial &uestion in a ci$il action ma# be filed in the office of the "rosecutor or the court conductin% the "reliminar# in$esti%ation. 6hen the criminal action has been filed in court for trial, the "etition to sus"end shall be filed in the same criminal action at an# time before the "rosecution rests.
Section 7. #lements of pre4udicial 5uestion . – he elements of a "re3udicial &uestion are (a) the "re$iousl# instituted ci$il action in$ol$es an issue similar or intimatel# related to the issue raised in the subse&uent criminal action, and (b) the resolution of such issue determines whether or not the criminal action ma# "roceed.
RULE 112 - PRELIMINARY INVESTIGATION
Section 1. +reliminar% in$esti1ation defined6 ,hen re5uired. – *reliminar# in$esti%ation is an in&uir# or "roceedin% to determine whether there is sufficient %round to en%ender a well-founded belief that a crime has been committed and the res"ondent is "robabl# %uilt# thereof, and should be held for trial.
=4ce"t as "ro$ided in Section 7 of this Rule, a "reliminar# in$esti%ation is re&uired to be conducted before the filin% of a com"liant or information for an offense where the "enalt# "rescribed b# law is at least four () #ears, two (2) months and one (1) da# without re%ard to the fine. Section 2. Officers authori7ed to conduct preliminar% in$esti1ations. – he followin%
ma# conduct "reliminar# in$esti%ations
(a) *ro$incial or Cit# *rosecutors and their assistants9
(b) Aud%es of the 'unici"al rial Courts B 'unici"al Circuit rial Courts9
(c) ational and Re%ional State *rosecutors9 and (d) ther officers as ma# be authoried b# law.
heir authorit# to conduct "reliminar# in$esti%ations shall include all crimes co%niable b# the "ro"er court in their res"ecti$e territorial 3urisdictions.
Section +. +rocedure.– he "reliminar# in$esti%ation shall be conducted in the followin% manner
(a) he com"laint shall state the address of the res"ondent and shall be accom"anied b# the affida$its of the com"lainant and his witnesses, as well as other su""ortin% documents to establish "robable cause. he# shall be in such number of co"ies as there are res"ondents, "lus two (2) co"ies for the official file. he affida$its shall be subscribed and sworn to before an# "rosecutor or %o$ernment official authoried to administer oath, or, in their absence or una$ailabilit#, before a notar# "ublic, each of whom must certif# that he "ersonall# e4amined the affiants and that he is
satisfied that the# $oluntaril# e4ecuted and understood their affida$its.
(b) 6ithin ten (10) da#s after the filin% of the com"laint, the in$esti%atin% officer shall either dismiss it if he finds no %round to continue with the in$esti%ation, or issue a sub"oena to the res"ondent attachin% to it a co"# of the com"laint and its su""ortin% affida$its and documents.
he res"ondent shall ha$e the ri%ht to e4amine the e$idence submitted b# the com"lainant which he ma# not ha$e been furnished and to co"# them at his e4"ense. f the e$idence is $oluminous, the com"lainant ma# be re&uired to s"ecif# those which he intends to "resent a%ainst the res"ondent, and these shall be made a$ailable for e4amination or co"#in% b# the res"ondent at his e4"ense.
b3ects as e$idence need not be furnished a "art# but shall be made a$ailable for e4amination, co"#in%, or "hoto%ra"hin% at the e4"ense of the re&uestin% "art#.
(c) 6ithin ten (10) da#s from recei"t of the sub"oena with the com"laint and su""ortin% affida$its and documents, the res"ondent shall submit his counter-affida$it and that of his witnesses and other su""ortin% documents relied u"on for his defense. he counter-affida$its shall be subscribed and sworn to and certified as "ro$ided in "ara%ra"h (a) of this Section, with co"ies thereof furnished b# him to the com"lainant. he res"ondent shall not be allowed to file a motion to dismiss in lieu of a counter-affida$it.
(d) f the res"ondent cannot be sub"oenaed, or if sub"oenaed, does not submit counter-affida$its within the ten (10) da# "eriod, the in$esti%atin% office shall resol$e the com"laint based on the e$idence "resented b# the com"lainant.
(e) he in$esti%atin% officer ma# set a hearin% if there are facts and issues to be clarified from a "art# or a witness. he "arties can be "resent at the hearin% but without the ri%ht to e4amine or cross-e4amine. he# ma#, howe$er, submit to the in$esti%atin% officer &uestions which ma# be ased to the "art# or witness concerned.
he hearin% shall be held within ten (10) da#s from submission of the counter-affida$its and other documents or from the e4"iration of the "eriod for their submission. t shall be terminated within fi$e () da#s.
(f) 6ithin ten (10) da#s after the in$esti%ation, the in$esti%atin% officer shall determine whether or not there is sufficient %round to hold the res"ondent for trial.
Section . Resolution of in$esti1atin1 prosecutor and its re$ie, . – f the in$esti%atin% "rosecutor finds cause to hold the res"ondent for trial, he shall "re"are the resolution and information. /e shall certif# under oath in the information that he, or as shown b# the record, an authoried officer, has "ersonall# e4amined the com"lainant and his witnesses9 that there is reasonable %round to belie$e that a crime has been committed and that the accused is "robabl# %uilt# thereof9 that the accused was informed of the com"laint and of the e$idence submitted a%ainst him9 and that he was %i$en an o""ortunit# to submit contro$ertin% e$idence. therwise, he shall recommend the dismissal of the com"laint.
6ithin fi$e () da#s from his resolution, he shall forward the record of the case to the "ro$incial or cit# "rosecutor or chief state "rosecutor, or to the mbudsman or his de"ut# in cases of offenses co%niable b# the Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction. he# shall act on the resolution within ten (10) da#s from their recei"t thereof and shall immediatel# inform the "arties of such action.
o com"laint or information ma# be filed or dismissed b# an in$esti%atin% "rosecutor without the "rior written authorit# or a""ro$al of the "ro$incial or cit# "rosecutor or chief state "rosecutor or the mbudsman or his de"ut#.
6here the in$esti%atin% "rosecutor recommends the dismissal of the com"laint but his recommendation is disa""ro$ed b# the "ro$incial or cit# "rosecutor or chief state "rosecutor or the mbudsman or his de"ut# on the %round that a "robable cause e4ists, the latter ma#, b# himself, file the information a%ainst the res"ondent, or direct another assistant "rosecutor or state "rosecutor to do so without conductin% another "reliminar# in$esti%ation.
f u"on "etition b# a "ro"er "art# under such rules as the @e"artment of Austice ma# "rescribe or motu proprio, the Secretar# of Austice re$erses
or modifies the resolution of the "ro$incial or cit# "rosecutor or chief state "rosecutor, he shall direct the "rosecutor concerned either to file the corres"ondin% information without conductin% anther "reliminar# in$esti%ation, or to dismiss or mo$e for dismissal of the com"laint or information with notice to the "arties. he same rule shall a""l# in "reliminar# in$esti%ations conducted b# the officers of the ffice of the mbudsman.
Section . Resolution of in$esti1atin1 4ud1e and its re$ie, . – 6ithin ten (10) da#s after the "reliminar# in$esti%ation, the in$esti%atin% 3ud%e shall transmit the resolution of the case to the "ro$incial or cit# "rosecutor, or to the mbudsman or his de"ut# in cases of offenses co%niable b# the Sandi%anba#an in the e4ercise of its ori%inal 3urisdiction, for a""ro"riate action. he resolution shall state the findin%s of facts and the law su""ortin% his action, to%ether with the record of the case which shall include (a) the warrant, if the arrest is b# $irtue of a warrant9 (b) the affida$its, counter-affida$its and other su""ortin% e$idence of the "arties9 (c) the undertain% or bail of the accused and the order for his release9 (d) the transcri"ts of the "roceedin%s durin% the "reliminar# in$esti%ation9 and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the com"laint.
6ithin thirt# (+0) da#s from recei"t of the records, the "ro$incial or cit# "rosecutor, or the mbudsman or his de"ut#, as the case ma# be, shall re$iew the resolution of the in$esti%atin% 3ud%e on the e4istence of "robable cause. heir rulin% shall e4"ressl# and clearl# state the facts and the law on which it is based and the "arties shall be furnished with co"ies thereof. he# shall order the release of an accused who is detained if no "robable cause is found a%ainst him.
Section 8. When ,arrant of arrest ma% issue. – (a) 8% the Re1ional Trial Court . – 6ithin ten (10) da#s from the filin% of the com"laint or information, the 3ud%e shall "ersonall# e$aluate the resolution of the "rosecutor and its
su""ortin% e$idence. /e ma# immediatel# dismiss the case if the e$idence on record clearl# fails to establish "robable cause. f he finds "robable cause, he shall issue a warrant of arrest, or a commitment order if the accused has alread# been arrested "ursuant to a warrant issued b# the 3ud%e who conducted the "reliminar# in$esti%ation or when the com"laint or information was filed "ursuant to Section 7 of this Rule. n case of doubt on the e4istence of "robable cause, the 3ud%e ma# order the "rosecutor to "resent additional e$idence within fi$e () da#s from notice and the issue must be resol$ed b# the court within thirt# (+0) da#s from the filin% of the com"laint of information.
(b) 8% the Municipal Trial Court . – 6hen re&uired "ursuant to the second "ara%ra"h of Section of this Rule, the "reliminar# in$esti%ation of cases fallin% under the ori%inal 3urisdiction of the 'etro"olitan rial Court, 'unici"al rial Court in Cities, 'unici"al rial Court, or 'unici"al Circuit rial Court ma# be conducted b# either the 3ud%e or the "rosecutor. 6hen conducted b# the "rosecutor, the "rocedure for the issuance of a warrant of arrest b# the 3ud%e shall be %o$erned b# "ara%ra"h (a) of this Section. 6hen the in$esti%ation is conducted b# the 3ud%e himself, he shall follow the "rocedure "ro$ided in Section + of this Rule. f his findin%s and recommendations are affirmed b# the "ro$incial or cit# "rosecutor, or b# the mbudsman or his de"ut#, and the corres"ondin% information is filed, he shall issue a warrant of arrest. /owe$er, without waitin% for the conclusion of the in$esti%ation, the 3ud%e ma# issue a warrant of arrest if he finds after an e4amination in writin% and under oath of the com"lainant and his witnesses in the form of searchin% &uestions and answers, that a "robable cause e4ists and that there is a necessit# of "lacin% the res"ondent under immediate custod# in order not to frustrate the ends of 3ustice.
(c) When ,arrant of arrest not necessar% . – warrant of arrest shall not issue if the accused is alread# under detention "ursuant to a warrant issued b# the munici"al trial court in accordance with "ara%ra"h (b) of this Section, or if the com"laint or information was filed "ursuant to Section 7 of this Rule or is for an offense "enalied b# fine onl#. he court shall them "roceed in the e4ercise of its ori%inal 3urisdiction.
Section 7. When accused la,full% arrested ,ithout ,arrant. – 6hen a "erson is lawfull# arrested without a warrant in$ol$in% an offense which re&uires a "reliminar# in$esti%ation, the com"laint or information ma# be filed b# a "rosecutor without need of such in$esti%ation "ro$ided an in&uest has been conducted in accordance with e4istin% rules. n the absence or una$ailabilit# of an in&uest "rosecutor, the com"laint ma# be filed b# the offended "art# or a "eace officer directl# with the "ro"er court on the basis of the affida$it of the offended "art# or arrestin% officer or "erson.
>efore the com"laint or information is filed, the "erson arrested ma# as for a "reliminar# in$esti%ation in accordance with this Rule, but he must si%n a wai$er of the "ro$ision of rticle 12 of the Re$ised *enal Code, as amended, in the "resence of his counsel. otwithstandin% the wai$er, he ma# a""l# for bail and the in$esti%ation must be terminated within fifteen (1) da#s from its ince"tion.
fter the filin% of the com"laint or information in court without a "reliminar# in$esti%ation, the accused ma#, within fi$e () da#s from the time he learns of its filin%, as for a "reliminar# in$esti%ation with the same ri%ht to adduce e$idence in his defense as "ro$ided in this Rule.
Section :. Records. – (a) Records supportin1 the information or complaint . – n information or com"laint filed in court shall be su""orted b# the affida$its and counter-affida$its of the "arties and their witnesses, to%ether with the other su""ortin% e$idence and the resolution on the case.
(b) Record of preliminar% in$esti1ation. 9 he record of the "reliminar# in$esti%ation, whether conducted b# a 3ud%e or a "rosecutor, shall not form "art of the record of the case. /owe$er, the court, on its own initiati$e or on motion of an# "art#, ma# order the "roduction of the record or an# of its "art when necessar# in the resolution of the case or an# incident therein, or when it is to be introduced as an e$idence in the case b# the re&uestin% "art#.
Section <. Cases not re5uirin1 a preliminar% in$esti1ation nor co$ered % the Rule on !ummar% +rocedure. – (a/ If filed ,ith the prosecutor. – f the com"laint is filed directl# with the "rosecutor in$ol$in% an offense "unishable b# im"risonment of less than four () #ears, two (2) months and one (1) da#, the "rocedure outlined in Section +(a) of this Rule shall be obser$ed. he "rosecutor shall act on the com"laint based on the affida$its and other su""ortin% documents submitted b# the com"lainant within ten (10) da#s from its filin%.
(/ If filed ,ith the Municipal Trial Court. – f the com"laint or information is filed with the 'unici"al rial Court or 'unici"al Circuit rial Court for an offense co$ered b# this Section, the "rocedure in Section + (a) of this Rule shall be obser$ed. f within ten (10) da#s after the filin% of the com"laint or information, the 3ud%e finds no "robable cause after "ersonall# e$aluatin% the e$idence, or after "ersonall# e4aminin% in writin% and under oath the com"lainant and his witnesses in the form of searchin% &uestions and answers, he shall dismiss the same. /e ma#, howe$er, re&uire the submission of additional e$idence, within ten (10) da#s from notice, to determine further the e4istence of "robable cause. f the 3ud%e still finds no "robable cause des"ite the additional e$idence, he shall, within ten (10) da#s from its submission or e4"iration of said "eriod, dismiss the case. 6hen he finds "robable cause, he shall issue a warrant
of arrest, or a commitment order if the accused had alread# been arrested, and hold him for trial. /owe$er, if the 3ud%e is satisfied that there is no necessit# for "lacin% the accused under custod#, he ma# issue summons instead of a warrant of arrest.
RULE 113 - ARREST
Section 1. efinition of arrest. – rrest is the tain% of a "erson into custod# in order that he ma# be bound to answer for the commission of an offense.
Section 2. Arrest6 ho, made. – n arrest is made b# an actual restraint of a "erson to be arrested, or b# his submission to the custod# of the "erson main% the arrest.
o $iolence or unnecessar# force shall be used in main% an arrest. he "erson arrested shall not be sub3ect to a %reater restraint than is necessar# for his detention.
Section +. ut% of arrestin1 officer. – t shall be the dut# of the officer e4ecutin% the warrant to arrest the accused and deli$er him to the nearest "olice station or 3ail without unnecessar# dela#.
Section . #:ecution of ,arrant . – he head of the office to whom the warrant of arrest was deli$ered for e4ecution shall cause the warrant to be e4ecuted within ten (10) da#s from its recei"t. 6ithin ten (10) da#s after the e4"iration of the "eriod, the officer to whom it was assi%ned for e4ecution shall mae a re"ort to the 3ud%e who issued the warrant. n case of his failure to e4ecute the warrant, he shall state the reason therefore.
Section . Arrest ,ithout ,arrant6 ,hen la,ful . – "eace officer or a "ri$ate "erson ma#, without a warrant, arrest a "erson
(a) 6hen, in his "resence, the "erson to be arrested has committed, is actuall# committin%, or is attem"tin% to commit an offense9
(b) 6hen an offense has 3ust been committed and he has "robable cause to belie$e based on "ersonal nowled%e of facts or circumstances that the "erson to be arrested has committed it9 and (c) 6hen the "erson to be arrested is a "risoner who has esca"ed
3ud%ment or is tem"oraril# confined while his case is "endin%, or has esca"ed while bein% transferred from one confinement to another.
n cases fallin% under "ara%ra"hs (a) and (b) abo$e, the "erson arrested without a warrant shall be forthwith deli$ered to the nearest "olice station or 3ail and shall be "roceeded a%ainst in accordance with Sec. 7 of Rule 112.
Section 8. Time of ma;in1 arrest. – n arrest ma# be made on an# da# and at an# time of the da# or ni%ht.
Section 7. Method of arrest % officer % $irtue of ,arrant. – 6hen main% an arrest b# $irtue of a warrant, the officer shall inform the "erson to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest, e4ce"t when he flees or forcibl# resists before the officer has o""ortunit# to so inform him, or when the %i$in% of such information will im"eril the arrest. he officer need not ha$e the warrant in his "ossession at the time of the arrest but after the arrest, if the "erson arrested so re&uires, the warrant shall be shown to him as soon as "racticable.
Section :. Method of arrest % officer ,ithout ,arrant. – 6hen main% an arrest without a warrant, the officer shall inform the "erson to be arrested of his authorit# and the cause of the arrest, unless the latter is either en%a%ed in the commission of an offense, is "ursued immediatel# after its commission, has esca"ed, flees, or forcibl# resists before the officer has o""ortunit# to so inform him, or when the %i$in% of such information will im"eril the arrest. Section <. Method of arrest % pri$ate person. – 6hen main% an arrest, a "ri$ate
"erson shall inform the "erson to be arrested of the intention to arrest him and the case of the arrest, unless the latter is either en%a%ed in the commission of an offense, is "ursued immediatel# after its commission, or has esca"ed, flees, or forcibl# resists before the "erson main% the arrest has o""ortunit# to so inform him, or when the %i$in% of such information will im"eril the arrest.
Section 10. Officer ma% summon assistance. – n officer main% a lawful arrest ma# orall# summon as man# "ersons as he deems necessar# to assist him in effectin% the arrest. =$er# "erson so summoned b# an officer shall assist him in effectin% the arrest when he can render such assistance without detriment to himself.
Section 11. Ri1ht of officer to rea; into uildin1 or enclosure . – n officer, in order to mae an arrest either b# $irtue of a warrant, or without a warrant as "ro$ided in Section , ma# brea into an# buildin% or enclosure where the "erson to be arrested is or is reasonabl# belie$ed to be, if he is refused admittance thereto, after announcin% his authorit# and "ur"ose.
Section 12. Ri1ht to rea; out from uildin1 or enclosure. – 6hene$er an officer has entered the buildin% or enclosure in accordance with the "recedin% section, he ma# brea out therefrom when necessar# to liberate himself.
Section 1+. Arrest after escape or rescue. – f a "erson lawfull# arrested esca"es or is rescued, an# "erson ma# immediatel# "ursue or retae him without a warrant at an# time and in an# "lace within the *hili""ines.
Section 1. Ri1ht of attorne% or relati$e to $isit person arrested. – n# member of the *hili""ine >ar shall, at the re&uest of the "erson arrested or of another actin% in his behalf, ha$e the ri%ht to $isit and confer "ri$atel# with such "erson in the 3ail or an# other "lace of custod# at an# hour of the da# or ni%ht. Sub3ect to reasonable re%ulations, a relati$e of the "erson arrested can also e4ercise the same ri%ht.
RULE 114 - BAIL
Section 1. 8ail defined. – >ail is the securit# %i$en for the release of a "erson in custod# of the law, furnished b# him or a bondsman, to %uarantee his a""earance before an# court as re&uired under the conditions hereinafter s"ecified. >ail ma# be %i$en in the form of cor"orate suret#, "ro"ert# bond, cash de"osit, or reco%niance.
Section 2. Conditions of the ail6 re5uirements. – ll inds of bail are sub3ect to the followin% conditions
(a) he undertain% shall be effecti$e u"on a""ro$al, and unless cancelled, shall remain in force at all sta%es of the case until "romul%ation of the 3ud%ment of the Re%ional rial Court, irres"ecti$e of whether the case was ori%inall# filed in or a""ealed to it9
(b) he accused shall a""ear before the "ro"er court whene$er re&uired b# the court of these Rules9
(c) he failure of the accused to a""ear at the trial without 3ustification and des"ite due notice shall be deemed a wai$er of his ri%ht to be "resent thereat. n such case, the trial ma# "roceed in asentia9 and (d) he bondsman shall surrender the accused to the court for
e4ecution of the final 3ud%ment.
he ori%inal "a"ers shall state the full name and address of the accused, the amount of the undertain% and the conditions re&uired b# this section. *hoto%ra"hs ("ass"ort sie) taen within the last si4 (8) months showin% the face, left and ri%ht "rofiles of the accused must be attached to the bail.
Section +. No release or transfer e:cept on court order or ail. – o "erson under detention b# le%al "rocess shall be released or transferred e4ce"t u"on order of the court or when he is admitted to bail.
Section . 8ail' a matter of ri1ht6 e:ception. – ll "ersons in custod# shall be admitted to bail as a matter of ri%ht, with sufficient sureties, or released on reco%niance as "rescribed b# law or this Rule (a) before or after con$iction b# the 'etro"olitan rial Court, 'unici"al rial Court, 'unici"al rial Court in Cities, or 'unici"al Circuit rial Court, and (b) before con$iction b# the Re%ional rial court of an offense not "unishable b# death, reclusion perpetua, or life im"risonment.
Section . 8ail' ,hen discretionar% . – ?"on con$iction b# the Re%ional rial Court of an offense not "unishable b# death, reclusion perpetua, or life im"risonment, admission to bail is discretionar#. he a""lication for bail ma# be filed and acted u"on b# the trial court des"ite the filin% of a notice of a""eal, "ro$ided it has not transmitted the ori%inal record to the a""ellate court. /owe$er, if the decision of the trial court con$iction the accused chan%ed the nature of the offense from non-bailable to bailable, the a""lication for bail can onl# be filed with and resol$ed b# the a""ellate court.
Should the court %rant the a""lication, the accused ma# be allowed to continue on "ro$isional libert# durin% the "endenc# of the a""eal under the same bail sub3ect to the consent of the bondsman.
f the "enalt# im"osed b# the trial court is im"risonment e4ceedin% si4 (8) #ears, the accused shall be denied bail, or his bail shall be cancelled u"on a showin% b# the "rosecution, with notice to the accuse, of the followin% or other similar circumstances
(a) hat he is a recidi$ist, &uasi-recidi$ist, or habitual delin&uent, or has committed the crime a%%ra$ated b# the circumstance of reiteration9
(b) hat he has "re$iousl# esca"ed from le%al confinement, e$aded sentence, or $iolated the conditions of his bail without $alid 3ustification9
(c) hat he committed the offense while under "robation, "arole, or conditional "ardon9
(d) hat the circumstances of his case indicate the "robabilit# of fli%ht if released on bail9 or
(e) hat there is undue ris that he ma# commit another crime durin% the "endenc# of the a""eal.
he a""ellate court ma#, motu proprio or on motion of an# "art#, re$iew the resolution of the Re%ional rial Court after notice to the ad$erse "art# in either case.
Section 8. Capital offense defined. – ca"ital offense is an offense which, under the law e4istin% at the time of its commission and of the a""lication for admission to bail, ma# be "unished with death.
Section 7. Capital offense or an offense punishale % reclusion perpetua or life imprisonment' not ailale. – o "erson char%ed with a ca"ital offense, or an offense "unishable b# reclusion perpetua or life im"risonment, shall be admitted to bail when e$idence of %uilt is stron%, re%ardless of the state of the criminal "rosecution.
Section :. 8urden of proof in ail application . – t the hearin% of an a""lication for bail filed b# a "erson who is in custod# for the commission of an offense "unishable b# death, reclusion perpetua, or life im"risonment, the "rosecution has the burden of showin% that e$idence of %uilt is stron%. he e$idence "resented durin% the bail hearin% shall be considered automaticall# re"roduced at the trial but, u"on motion of either "art#, the court ma# recall an# witness for additional e4amination unless the latter is dead, outside the *hili""ines, or otherwise unable to testif#.
Section <. Amount of ail6 1uidelines. – he 3ud%e who issued the warrant or %ranted the a""lication shall fi4 a reasonable amount of bail considerin% "rimaril#, but not limited to, the followin%
(a) !inancial liabilit# of the accused to %i$e bail9 (b) ature and circumstance of the offense9 (c) *enalt# for the offense char%ed9
(d) Character and re"utation of the accused9 (e) %e and health of the accused9
(f) 6ei%ht of the e$idence a%ainst the accused9 (%) *robabilit# of the accused a""earin% at the trial9 (h) !orfeiture of other bail9
(i) he fact that the accused was a fu%iti$e from 3ustice when arrested9 and
(3) *endenc# of other cases where the accused is on bail. =4cessi$e bail shall not be re&uired.
Section 10. Corporate suret% . – n# domestic or forei%n cor"oration, licensed as a suret# in accordance with law and currentl# authoried to act as such, ma# "ro$ide bail b# a bond subscribed 3ointl# b# the accused and an officer of the cor"oration dul# authoried b# its board of directors.
Section 11. +ropert% ond' ho, posted . – "ro"ert# bond is an undertain% constituted as lien on the real "ro"ert# %i$en as securit# for the amount of the bail. 6ithin ten (10) da#s after the a""ro$al of the bond, the accused shall cause the annotation of the lien on the certificate of title on file with the Re%istr# of @eeds if the land is re%istered, or if unre%istered, in the Re%istration >oo on the s"ace "ro$ided therefore, in the Re%istr# of @eeds for the "ro$ince or cit# where the land lies, and on the corres"ondin% ta4 declaration in the office of the "ro$incial, cit# and munici"al assessor concerned.
6ithin the same "eriod, the accused shall submit to the court his com"liance and his failure to do so shall be sufficient cause for the cancellation of the "ro"ert# bond and his re-arrest and detention.
Section 12. <ualifications of sureties in propert% ond. – he &ualifications of sureties in a "ro"ert# bond shall be as follows
(a) =ach must be a resident owner of real estate within the *hili""ines9
(b) 6here there is onl# one suret#, his real estate must be worth at least the amount of undertain%9
(c) f there are two or more sureties, each ma# 3ustif# in an amount less than that e4"ressed in the undertain% but the a%%re%ate of the 3ustified sums must be e&ui$alent to the whole amount of the bail demanded.
n all cases, e$er# suret# must be worth the amount s"ecified in his own undertain% o$er and abo$e all 3ust debts, obli%ations and "ro"erties e4em"t from e4ecution.
Section 1+. 3ustification of sureties. – =$er# suret# shall 3ustif# b# affida$it taen before the 3ud%e that he "ossesses the &ualification "rescribed in the "recedin% section. /e shall describe the "ro"ert# %i$en as securit#, statin% the nature of his title, its encumbrances, the number and amount of other bails entered into b# him and still undischar%ed, and his other liabilities. he court ma# e4amine the sureties u"on oath concernin% their sufficienc# in such manner as it ma# deem "ro"er. o bail shall be a""ro$ed unless the suret# is &ualified.
Section 1. eposit of cash as ail. – he accused or an# "erson actin% in his behalf ma# de"osit in cash with the nearest collector of internal re$enue or "ro$incial, cit#, or munici"al treasurer the amount of bail fi4ed b# the court, or recommended b# the "rosecutor who in$esti%ated or filed the case. ?"on submission of a "ro"er certificate of de"osit and a written undertain% showin% com"liance with the re&uirements of Section 2 of this Rule, the accused shall be dischar%ed from custod#. he mone# de"osited shall be considered as bail and a""lied to the "a#ment of fine and costs while the e4cess, if an#, shall be returned to the accused or to whoe$er made the de"osit.
Section 1. Reco1ni7ance. – 6hene$er allowed b# law or these Rules, the court ma# release a "erson in custod# on his own reco%niance or that of a res"onsible "erson.
Section 18. 8ail' ,hen not re5uired6 reduced ail or reco1ni7ance. – o bail shall be re&uired when the law or these Rules so "ro$ide.
6hen a "erson has been in custod# for a "eriod e&ual to or more than the "ossible ma4imum im"risonment "rescribed for the offense char%ed, he shall be released immediatel#, without "re3udice to the continuation of the trial or the "roceedin%s on a""eal. f the ma4imum "enalt# to which the accused ma# be sentenced is destierro, he shall be released after thirt# (+0) da#s of "re$enti$e im"risonment.
"erson in custod# for a "eriod e&ual to or more than the minimum of the "rinci"al "enalt# "rescribed for the offense char%ed, without a""lication of the ndeterminate Sentence aw or an# modif#in% circumstance, shall be released on a reduced bail or on his own reco%niance, at the discretion of the court.
Section 17. 8ail' ,here filed. – (a) >ail in the amount fi4ed ma# be filed with the court where the case is "endin%, or in the absence or una$ailabilit# of the 3ud%e thereof, with an# re%ional trial 3ud%e, metro"olitan trial 3ud%e, munici"al trial 3ud%e, or munici"al circuit trial 3ud%e in the "ro$ince, cit# or munici"alit#. f
the accused is arrested in a "ro$ince, cit#, or munici"alit# other than where the case is "endin%, bail ma# also be filed with an# re%ional trial court of said "lace, of if no 3ud%e thereof is a$ailable, with an# metro"olitan trial 3ud%e, munici"al trial 3ud%e, or munici"al circuit trial 3ud%e therein.
(b) 6here the %rant of bail is a matter of discretion, or the accused sees to be released on reco%niance, the a""lication ma# onl# be filed in the court where the case is "endin%, whether on "reliminar# in$esti%ation, trial, or a""eal.
n# "erson in custod# who is not #et char%ed in court ma# a""l# for bail with an# court in the "ro$ince, cit#, or munici"alit# where he is held. Section 1:. Notice of application to prosecutor. – n the a""lication for bail under
Section : of this Rule, the court must %i$e reasonable notice of the hearin% to the "rosecutor or re&uire him to submit his recommendation.
Section 1<. Release on ail . – he accused must be dischar%ed u"on a""ro$al of the bail b# the 3ud%e with whom it was filed in accordance with Section 17 of this Rule.
6hen bail is filed with a court other than where the case is "endin%, the 3ud%e who acce"ted the bail shall forward it, to%ether with the order of release and other su""ortin% "a"ers, to the court where the case is "endin%, which ma#, for %ood reason, re&uire a different one to be filed.
Section 20. Increase or reduction of ail . – fter the accused is admitted to bail, the court ma#, u"on %ood cause, either increase or reduce its amount. 6hen increased, the accused ma# be committed to custod# if he does not %i$e bail in the increased amount within a reasonable "eriod. n accused held to answer a criminal char%e, who is released without bail u"on filin% of the com"laint or information, ma#, at an# subse&uent sta%e of the "roceedin%s and whene$er a stron% showin% of %uilt a""ears to the court, be re&uired to %i$e bail in the amount fi4ed, or in lieu thereof, committed to custod#.
Section 21. =orfeiture of ail. – 6hen the "resence of the accused is re&uired b# the court or these Rules, his bondsmen shall be notified to "roduce him before the court on a %i$en date and time. f the accused fails to a""ear in "erson as re&uired, his bail shall be declared forfeited and the bondsmen %i$en thirt# (+0) da#s within which to "roduce their "rinci"al and to show wh# no 3ud%ment should be rendered a%ainst them for the amount of their bail.
6ithin the said "eriod, the bondsmen must
(a) "roduce the bod# of their "rinci"al or %i$e the reason for his non-"roduction9 and
(b) e4"lain wh# the accused did not a""ear before the court when first re&uired to do so.
!ailin% in these two re&uisites, a 3ud%ment shall be rendered a%ainst the bondsmen, 3ointl# and se$erall#, for the amount of the bail. he court shall not reduce or otherwise miti%ate the liabilit# of the bondsmen, unless the accused has been surrendered or is ac&uitted.
Section 22. Cancellation of ail. – ?"on a""lication of the bondsmen, with due notice to the "rosecutor, the bail ma# be cancelled u"on surrender of the accused or "roof of his death. he bail shall be deemed automaticall# cancelled u"on ac&uittal of the accused, dismissal of the case, or e4ecution of the 3ud%ment of con$iction. n all instances, the cancellation shall be without
"re3udice to an# liabilit# on the bail.
Section 2+. Arrest of accused out on ail . – !or the "ur"ose of surrenderin% the accused, the bondsmen ma# arrest him or, u"on written authorit# endorsed on a certified co"# of the undertain%, cause him to be arrested b# a "olice officer or an# other "erson of suitable a%e and discretion.
n accused released on bail ma# be re-arrested without the necessit# of a warrant if he attem"ts to de"art from the *hili""ines without "ermission of the court where the case is "endin%.
Section 2. No ail after final 4ud1ment6 e:ception. – o bail shall be allowed after a 3ud%ment of con$iction has become final. f before such finalit#, the accused a""lies for "robation, he ma# be allowed tem"orar# libert# under his bail. 6hen no bail was filed or the accused is inca"able of filin% one, the court ma# allow his release on reco%niance to the custod# of a res"onsible member of the communit#. n no case shall bail be allowed after the accused has commenced to ser$e sentence.
Section 2. Court super$ision of detainees. – he court shall e4ercise su"er$ision o$er all "ersons in custod# for the "ur"ose of eliminatin% unnecessar# detention. he e4ecuti$e 3ud%es of the Re%ional rial Courts shall conduct monthl# "ersonal ins"ections of "ro$incial, cit#, and munici"al 3ails and the "risoners within their res"ecti$e 3urisdictions. he# shall ascertain the number of detainees, in&uire on their "ro"er accommodation and health and e4amine the condition of the 3ail facilities. he# shall order the se%re%ation of se4es and of minors from adults, ensure the obser$ance of the ri%ht of detainees to confer "ri$atel# with counsel, and stri$e to eliminate conditions inimical to the detainees.
n cities and munici"alities to be s"ecified b# the Su"reme Court, the munici"al trial 3ud%es or munici"al circuit trial 3ud%es shall conduct monthl# "ersonal ins"ections of the munici"al 3ails in their res"ecti$e munici"alities and submit a re"ort to the e4ecuti$e 3ud%e of the Re%ional rial Court ha$in% 3urisdiction therein.
monthl# re"ort of such $isitation shall be submitted b# the e4ecuti$e 3ud%es to the Court dministrator which shall state the total number of detainees, the names of those held for more than thirt# (+0) da#s, the duration of detention, the crime char%ed, the status of the case, the cause for detention, and other "ertinent information.
Section 28. 8ail not a ar to o4ections on ille1al arrest' lac; of or irre1ular preliminar% in$esti1ation. – n a""lication for or admission to bail shall not bar the accused from challen%in% the $alidit# of his arrest or the le%alit# of the warrant issued therefore, or from assailin% the re%ularit# or &uestionin% the absence of a "reliminar# in$esti%ation of the char%e a%ainst him, "ro$ided that he raises them before enterin% his "lea. he court shall resol$e the matter as earl# as "racticable but not later than the start of the trial of the case.
