Criminal Procedure - Rules of Court

Case Overview and Summary

THE REVISED RULES OF CRIMINAL PROCEDURE

Institution of Criminal Actions (Rule 110)
- Criminal actions are instituted by filing a complaint or information with the proper court or officer. (Sec. 1)
- A complaint is a sworn written statement charging a person with an offense. (Sec. 3)
- An information is an accusation in writing charging a person with an offense, filed by the prosecutor. (Sec. 4)
- The prosecutor has control over criminal actions, except in certain cases where others can prosecute. (Sec. 5)
- Requirements for a sufficient complaint or information are specified. (Sec. 6-12)

Prosecution of Civil Action (Rule 111)
- The civil action for recovery of civil liability is deemed instituted with the criminal action, unless waived or filed separately. (Sec. 1)
- Rules on when the civil action is suspended, can proceed independently, and the effects of death on civil actions are provided. (Sec. 2-4)

Preliminary Investigation (Rule 112)
- Preliminary investigation is required for offenses punishable by at least 4 years, 2 months and 1 day imprisonment, to determine probable cause. (Sec. 1)
- Procedures for conducting preliminary investigations are specified. (Sec. 3-8)

Arrest (Rule 113)
- Defines arrest and specifies procedures for making an arrest, with or without a warrant. (Sec. 1-14)

Bail (Rule 114)
- Defines bail and its conditions, including the right to bail, discretionary bail, and capital offenses not bailable if evidence is strong. (Sec. 1-7)
- Procedures for posting bail, qualifications of sureties, and forfeiture or cancellation of bail are provided. (Sec. 8-24)

Rights of Accused (Rule 115)
- Enumerates the rights of the accused at trial, including presumption of innocence, right to counsel, and right against self-incrimination. (Sec. 1)

Arraignment and Plea (Rule 116)
- Procedures for arraignment, entering a plea, and handling various plea scenarios are specified. (Sec. 1-9)

Motion to Quash (Rule 117)
- Grounds and procedures for filing a motion to quash the complaint or information are provided. (Sec. 1-9)

Pre-Trial (Rule 118)
- Pre-trial conference is mandatory in criminal cases to consider matters that promote a fair and expeditious trial. (Sec. 1-4)

Trial (Rule 119)
- Procedures for trial, including time limits, exclusions, postponements, and remedies for delays, are specified. (Sec. 1-24)

Judgment (Rule 120)
- Requirements for the form and contents of judgments, including convictions and acquittals, are provided. (Sec. 1-9)

New Trial or Reconsideration (Rule 121)
- Grounds and procedures for granting a new trial or reconsideration are specified. (Sec. 1-6)

Appeal (Rule 122)
- Procedures for appealing judgments or final orders to different courts are provided. (Sec. 1-13)

Procedure in Municipal Trial Courts (Rule 123)
- The procedure in Municipal Trial Courts shall be the same as in Regional Trial Courts, except as specified. (Sec. 1)

Procedure in the Court of Appeals (Rule 124)
- Procedures for appeals to the Court of Appeals, including appointment of counsel, filing briefs, and rendering judgments, are specified. (Sec. 1-18)

Procedure in the Supreme Court (Rule 125)
- The procedure in the Supreme Court shall be the same as in the Court of Appeals, unless otherwise provided. (Sec. 1-3)

Search and Seizure (Rule 126)
- Defines search warrants and specifies requirements for issuing them, as well as procedures for executing them. (Sec. 1-14)

Provisional Remedies in Criminal Cases (Rule 127)
- Provisional remedies in civil actions may be availed of in connection with the civil action deemed instituted with the criminal action. (Sec. 1)
- Procedures for attachment of the accused's property as security for satisfaction of any judgment are provided. (Sec. 2)