REVISED RULES OF CRIMINALPROCEDURE
Prosecution of Offenses
Section 1. Institution of criminal actions . Criminal actions shall be instituted asfollows:
(a) For offenses where a preliminaryinvestigation is required pursuant to section 1 of Rule 112, by filing thecomplaint with the proper officer for the purpose of conducting the requisitepreliminary investigation.
(b) For all other offenses, by filing thecomplaint or information directly with the Municipal Trial Courts and MunicipalCircuit Trial Courts, or the complaint with the office of the prosecutor. InManila and other chartered cities, the complaint shall be filed with the officeof the prosecutor unless otherwise provided in their charters.
The institution of the criminal action shallinterrupt the running period of prescription of the offense charged unlessotherwise provided in special laws. (1a)
Section 2. The Complaint or information . The complaint or information shall be inwriting, in the name of the People of the Philippines and against all personswho appear to be responsible for the offense involved. (2a)
Section 3. Complaint defined . A complaint is a sworn written statementcharging a person with an offense, subscribed by the offended party, any peaceofficer, or other public officer charged with the enforcement of the lawviolated. (3)
Section 4. Information defined . An information is an accusation in writingcharging a person with an offense, subscribed by the prosecutor and filed withthe court. (4a)
Section 5. Who must prosecute criminal actions . All criminal actions either commenced by acomplaint or information shall be prosecuted under the direction and control ofa public prosecutor. In case of heavy work schedule of the public prosecutor orin the event of lack of public prosecutors, the private prosecutor may beauthorized in writing by the Chief of the Prosecution Office or the RegionalState Prosecutor to prosecute the case subject to the approval of the court.Once so authorized to prosecute the criminal action, the private prosecutorshall continue to prosecute the case up to the end of the trial even in theabsence of a public prosecutor, unless the authority is revoked or otherwisewithdrawn.
Section 6. Sufficiency of complaint or information . A complaint or information is sufficient ifit states the name of the accused; the designation of the offense given by thestatute; the acts or omissions complained of as constituting the offense; thename of the offended party; the approximate date of the commission of theoffense; and the place where the offense was committed.
When an offense is committed by more than oneperson, all of them shall be included in the complaint or information. (6a)
Section 7. Name of the accused . The complaint or information must state thename and surname of the accused or any appellation or nickname by which he hasbeen or is known. If his name cannot be ascertained, he must be described undera fictitious name with a statement that his true name is unknown.
If the true name of the accused is thereafterdisclosed by him or appears in some other manner to the court, such true nameshall be inserted in the complaint or information and record. (7a)
Section 8. Designation of the offense . The complaint or information shall state thedesignation of the offense given by the statute, aver the acts or omissionsconstituting the offense, and specify its qualifying and aggravatingcircumstances. If there is no designation of the offense, reference shall bemade to the section or subsection of the statute punishing it. (8a)
Section 9. Cause of the accusation . The acts or omissions complained of asconstituting the offense and the qualifying and aggravating circumstances mustbe stated in ordinary and concise language and not necessarily in the languageused in the statute but in terms sufficient to enable a person of commonunderstanding to know what offense is being charged as well as its qualifyingand aggravating circumstances and for the court to pronounce judgment. (9a)
Section 10. Place of commission of the offense . The complaint or information is sufficientif it can be understood from its allegations that the offense was committed orsome of the essential ingredients occurred at some place within thejurisdiction of the court, unless the particular place where it was committedconstitutes an essential element of the offense or is necessary for itsidentification. (10a)
Section 11. Date of commission of the offense . It is not necessary to state in thecomplaint or information the precise date the offense was committed except whenit is a material ingredient of the offense. The offense may be alleged to havebeen committed on a date as near as possible to the actual date of itscommission. (11a)
Section 12. Name of the offended party . The complaint or information must state thename and surname of the person against whom or against whose property theoffense was committed, or any appellation or nickname by which such person hasbeen or is known. If there is no better way of identifying him, he must bedescribed under a fictitious name.
(a) In offenses against property, if the name ofthe offended party is unknown, the property must be described with suchparticularity as to properly identify the offense charged.
(b) If the true name of the of the personagainst whom or against whose properly the offense was committed is thereafterdisclosed or ascertained, the court must cause the true name to be inserted inthe complaint or information and the record.
(c) If the offended party is a juridical person,it is sufficient to state its name, or any name or designation by which it isknown or by which it may be identified, without need of averring that it is ajuridical person or that it is organized in accordance with law. (12a)
Section 13. Duplicity of the offense . A complaint or information must charge butone offense, except when the law prescribes a single punishment for variousoffenses. (13a)
Section 14. Amendment or substitution . A complaint or information may be amended,in form or in substance, without leave of court, at any time before the accusedenters his plea. After the plea and during the trial, a formal amendment mayonly be made with leave of court and when it can be done without causing prejudiceto the rights of the accused.
However, any amendment before plea, whichdowngrades the nature of the offense charged in or excludes any accused fromthe complaint or information, can be made only upon motion by the prosecutor,with notice to the offended party and with leave of court. The court shallstate its reasons in resolving the motion and copies of its order shall befurnished all parties, especially the offended party. (n)
If it appears at any time before judgment that amistake has been made in charging the proper offense, the court shall dismissthe original complaint or information upon the filing of a new one charging theproper offense in accordance with section 19, Rule 119, provided the accusedshall not be placed in double jeopardy. The court may require the witnesses togive bail for their appearance at the trial. (14a)
Section 15. Place where action is to be instituted .
(a) Subject to existing laws, the criminalaction shall be instituted and tried in the court of the municipality orterritory where the offense was committed or where any of its essentialingredients occurred.
(b) Where an offense is committed in a train,aircraft, or other public or private vehicle while in the course of its trip,the criminal action shall be instituted and tried in the court of anymunicipality or territory where such train, aircraft or other vehicle passedduring such its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board avessel in the course of its voyage, the criminal action shall be instituted andtried in the court of the first port of entry or of any municipality orterritory where the vessel passed during such voyage, subject to the generallyaccepted principles of international law.
(d) Crimes committed outside the Philippines butpunishable under Article 2 of the Revised Penal Code shall be cognizable by thecourt where the criminal action is first filed. (15a)
Section 16. Intervention of the offended party in criminalaction . Where the civil actionfor recovery of civil liability is instituted in the criminal action pursuantto Rule 111, the offended party may intervene by counsel in the prosecution ofthe offense. (16a)
Prosecution of Civil Action
Section 1. Institution of criminal and civil actions . (a) When a criminal action isinstituted, the civil action for the recovery of civil liability arising fromthe offense charged shall be deemed instituted with the criminal action unlessthe offended party waives the civil action, reserves the right to institute itseparately or institutes the civil action prior to the criminal action.
The reservation of the right to instituteseparately the civil action shall be made before the prosecution startspresenting its evidence and under circumstances affording the offended party areasonable opportunity to make such reservation.
When the offended party seeks to enforce civilliability against the accused by way of moral, nominal, temperate, or exemplarydamages without specifying the amount thereof in the complaint or information,the filing fees thereof shall constitute a first lien on the judgment awardingsuch damages.
Where the amount of damages, other than actual,is specified in the complaint or information, the corresponding filing feesshall be paid by the offended party upon the filing thereof in court.
Except as otherwise provided in these Rules, nofiling fees shall be required for actual damages.
No counterclaim, cross-claim or third-partycomplaint may be filed by the accused in the criminal case, but any cause ofaction which could have been the subject thereof may be litigated in a separatecivil action. (1a)
(b) The criminal action for violation of BatasPambansa Blg. 22 shall be deemed to include the corresponding civil action. Noreservation to file such civil action separately shall be allowed.
Upon filing of the aforesaid joint criminal andcivil actions, the offended party shall pay in full the filing fees based onthe amount of the check involved, which shall be considered as the actualdamages claimed. Where the complaint or information also seeks to recoverliquidated, moral, nominal, temperate or exemplary damages, the offended partyshall pay additional filing fees based on the amounts alleged therein. If theamounts are not so alleged but any of these damages are subsequently awarded bythe court, the filing fees based on the amount awarded shall constitute a firstlien on the judgment.
Where the civil action has been filed separatelyand trial thereof has not yet commenced, it may be consolidated with thecriminal action upon application with the court trying the latter case. If theapplication is granted, the trial of both actions shall proceed in accordancewith section 2 of this Rule governing consolidation of the civil and criminalactions.
Section 2. When separate civil action is suspended . After the criminal action has beencommenced, the separate civil action arising therefrom cannot be instituteduntil final judgment has been entered in the criminal action.
If the criminal action is filed after the saidcivil action has already been instituted, the latter shall be suspended inwhatever stage it may be found before judgment on the merits. The suspensionshall last until final judgment is rendered in the criminal action.Nevertheless, before judgment on the merits is rendered in the civil action,the same may, upon motion of the offended party, be consolidated with thecriminal action in the court trying the criminal action. In case of consolidation,the evidence already adduced in the civil action shall be deemed automaticallyreproduced in the criminal action without prejudice to the right of theprosecution to cross-examine the witnesses presented by the offended party inthe criminal case and of the parties to present additional evidence. Theconsolidated criminal and civil actions shall be tried and decided jointly.
During the pendency of the criminal action, therunning of the period of prescription of the civil action which cannot beinstituted separately or whose proceeding has been suspended shall be tolled.(n)
The extinction of the penal action does notcarry with it extinction of the civil action. However, the civil action basedon delict shall be deemed extinguished if there is a finding in a finaljudgment in the criminal action that the act or omission from which the civilliability may arise did not exist. (2a)
Section 3. When civil action may proceeded independently . In the cases provided for in Articles 32,33, 34 and 2176 of the Civil Code of the Philippines, the independent civilaction may be brought by the offended party. It shall proceed independently ofthe criminal action and shall require only a preponderance of evidence. In nocase, however, may the offended party recover damages twice for the same act oromission charged in the criminal action. (3a)
Section 4. Effect of death on civil actions . The death of the accused after arraignmentand during the pendency of the criminal action shall extinguish the civilliability arising from the delict. However, the independent civil actioninstituted under section 3 of this Rule or which thereafter is instituted toenforce liability arising from other sources of obligation may be continuedagainst the estate or legal representative of the accused after propersubstitution or against said estate, as the case may be. The heirs of theaccused may be substituted for the deceased without requiring the appointmentof an executor or administrator and the court may appoint a guardian adlitem for the minor heirs.
The court shall forthwith order said legalrepresentative or representatives to appear and be substituted within a periodof thirty (30) days from notice.
A final judgment entered in favor of theoffended party shall be enforced in the manner especially provided in theserules for prosecuting claims against the estate of the deceased.
If the accused dies before arraignment, the caseshall be dismissed without prejudice to any civil action the offended party mayfile against the estate of the deceased. (n)
Section 5. Judgment in civil action not a bar . A final judgment rendered in a civil actionabsolving the defendant from civil liability is not a bar to a criminal actionagainst the defendant for the same act or omission subject of the civil action.(4a)
Section 6. Suspension by reason of prejudicial question . A petition for suspension of the criminalaction based upon the pendency of a prejudicial question in a civil action maybe filed in the office of the prosecutor or the court conducting thepreliminary investigation. When the criminal action has been filed in court fortrial, the petition to suspend shall be filed in the same criminal action atany time before the prosecution rests. (6a)
Section 7. Elements of prejudicial question . The elements of a prejudicial question are:(a) the previously instituted civil action involves an issue similar orintimately related to the issue raised in the subsequent criminal action, and(b) the resolution of such issue determines whether or not the criminal actionmay proceed. (5a)
Section 1. Preliminary investigation defined ; when required . Preliminaryinvestigation is an inquiry or proceeding to determine whether there issufficient ground to engender a well-founded belief that a crime has beencommitted and the respondent is probably guilty thereof, and should be held fortrial.
Except as provided in section 7 of this Rule, apreliminary investigation is required to be conducted before the filing of acomplaint or information for an offense where the penalty prescribed by law isat least four (4) years, two (2) months and one (1) day without regard to thefine. (1a)
Section 2. Officers authorized to conduct preliminaryinvestigations .
The following may conduct preliminaryinvestigations:
(a) Provincial or City Prosecutors and theirassistants;
(b) Judges of the Municipal Trial Courts andMunicipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
Their authority to conduct preliminaryinvestigations shall include all crimes cognizable by the proper court in theirrespective territorial jurisdictions. (2a)
Section 3. Procedure . The preliminary investigation shall be conducted in thefollowing manner:
(a) The complaint shall state the address of therespondent and shall be accompanied by the affidavits of the complainant andhis witnesses, as well as other supporting documents to establish probablecause. They shall be in such number of copies as there are respondents, plustwo (2) copies for the official file. The affidavits shall be subscribed andsworn to before any prosecutor or government official authorized to administeroath, or, in their absence or unavailability, before a notary public, each ofwho must certify that he personally examined the affiants and that he issatisfied that they voluntarily executed and understood their affidavits.
(b) Within ten (10) days after the filing of thecomplaint, the investigating officer shall either dismiss it if he finds noground to continue with the investigation, or issue a subpoena to the respondentattaching to it a copy of the complaint and its supporting affidavits anddocuments.
The respondent shall have the right to examinethe evidence submitted by the complainant which he may not have been furnishedand to copy them at his expense. If the evidence is voluminous, the complainantmay be required to specify those which he intends to present against therespondent, and these shall be made available for examination or copying by therespondent at his expense.
Objects as evidence need not be furnished aparty but shall be made available for examination, copying, or photographing atthe expense of the requesting party.
(c) Within ten (10) days from receipt of thesubpoena with the complaint and supporting affidavits and documents, therespondent shall submit his counter-affidavit and that of his witnesses andother supporting documents relied upon for his defense. The counter-affidavitsshall be subscribed and sworn to and certified as provided in paragraph (a) ofthis section, with copies thereof furnished by him to the complainant. Therespondent shall not be allowed to file a motion to dismiss in lieu of acounter-affidavit.
(d) If the respondent cannot be subpoenaed, orif subpoenaed, does not submit counter-affidavits within the ten (10) dayperiod, the investigating officer shall resolve the complaint based on theevidence presented by the complainant.
(e) The investigating officer may set a hearingif there are facts and issues to be clarified from a party or a witness. Theparties can be present at the hearing but without the right to examine orcross-examine. They may, however, submit to the investigating officer questionswhich may be asked to the party or witness concerned.
The hearing shall be held within ten (10) daysfrom submission of the counter-affidavits and other documents or from theexpiration of the period for their submission. It shall be terminated withinfive (5) days.
(f) Within ten (10) days after theinvestigation, the investigating officer shall determine whether or not thereis sufficient ground to hold the respondent for trial. (3a)
Section 4. Resolution of investigating prosecutor and itsreview . If the investigatingprosecutor finds cause to hold the respondent for trial, he shall prepare theresolution and information. He shall certify under oath in the information thathe, or as shown by the record, an authorized officer, has personally examinedthe complainant and his witnesses; that there is reasonable ground to believethat a crime has been committed and that the accused is probably guiltythereof; that the accused was informed of the complaint and of the evidencesubmitted against him; and that he was given an opportunity to submitcontroverting evidence. Otherwise, he shall recommend the dismissal of thecomplaint.
Within five (5) days from his resolution, heshall forward the record of the case to the provincial or city prosecutor orchief state prosecutor, or to the Ombudsman or his deputy in cases of offensescognizable by the Sandiganbayan in the exercise of its original jurisdiction.They shall act on the resolution within ten (10) days from their receiptthereof and shall immediately inform the parties of such action.
No complaint or information may be filed ordismissed by an investigating prosecutor without the prior written authority orapproval of the provincial or city prosecutor or chief state prosecutor or theOmbudsman or his deputy.
Where the investigating prosecutor recommendsthe dismissal of the complaint but his recommendation is disapproved by theprovincial or city prosecutor or chief state prosecutor or the Ombudsman or hisdeputy on the ground that a probable cause exists, the latter may, by himself,file the information against the respondent, or direct any other assistantprosecutor or state prosecutor to do so without conducting another preliminaryinvestigation.
If upon petition by a proper party under suchrules as the Department of Justice may prescribe or motu proprio , theSecretary of Justice reverses or modifies the resolution of the provincial orcity prosecutor or chief state prosecutor, he shall direct the prosecutorconcerned either to file the corresponding information without conductinganother preliminary investigation, or to dismiss or move for dismissal of thecomplaint or information with notice to the parties. The same rule shall applyin preliminary investigations conducted by the officers of the Office of theOmbudsman. (4a)
Section 5. Resolution of investigating judge and its review . Within ten (10) days after the preliminaryinvestigation, the investigating judge shall transmit the resolution of the caseto the provincial or city prosecutor, or to the Ombudsman or his deputy incases of offenses cognizable by the Sandiganbayan in the exercise of itsoriginal jurisdiction, for appropriate action. The resolution shall state thefindings of facts and the law supporting his action, together with the recordof the case which shall include: (a) the warrant, if the arrest is by virtue ofa warrant; (b) the affidavits, counter-affidavits and other supporting evidenceof the parties; (c) the undertaking or bail of the accused and the order forhis release; (d) the transcripts of the proceedings during the preliminaryinvestigation; and (e) the order of cancellation of his bail bond, if theresolution is for the dismissal of the complaint.
Within thirty (30) days from receipt of therecords, the provincial or city prosecutor, or the Ombudsman or his deputy, asthe case may be, shall review the resolution of the investigating judge on theexistence of probable cause. Their ruling shall expressly and clearly state thefacts and the law on which it is based and the parties shall be furnished withcopies thereof. They shall order the release of an accused who is detained ifno probable cause is found against him. (5a)
Section 6. When warrant of arrest may issue . (a) By the Regional Trial Court . Within ten (10) days from the filing of the complaint or information, the judgeshall personally evaluate the resolution of the prosecutor and its supportingevidence. He may immediately dismiss the case if the evidence on record clearlyfails to establish probable cause. If he finds probable cause, he shall issue awarrant of arrest, or a commitment order if the accused has already beenarrested pursuant to a warrant issued by the judge who conducted thepreliminary investigation or when the complaint or information was filedpursuant to section 7 of this Rule. In case of doubt on the existence ofprobable cause, the judge may order the prosecutor to present additionalevidence within five (5) days from notice and the issue must be resolved by thecourt within thirty (30) days from the filing of the complaint of information.
(b) By the Municipal Trial Court . Whenrequired pursuant to the second paragraph of section 1 of this Rule, thepreliminary investigation of cases falling under the original jurisdiction ofthe Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal TrialCourt, or Municipal Circuit Trial Court may be conducted by either the judge orthe prosecutor. When conducted by the prosecutor, the procedure for theissuance of a warrant or arrest by the judge shall be governed by paragraph (a)of this section. When the investigation is conducted by the judge himself, heshall follow the procedure provided in section 3 of this Rule. If the findingsand recommendations are affirmed by the provincial or city prosecutor, or bythe Ombudsman or his deputy, and the corresponding information is filed, heshall issue a warrant of arrest. However, without waiting for the conclusion ofthe investigation, the judge may issue a warrant of arrest if he finds after anexamination in writing and under oath of the complainant and his witnesses inthe form of searching question and answers, that a probable cause exists andthat there is a necessity of placing the respondent under immediate custody inorder not to frustrate the ends of justice.
(c) When warrant of arrest not necessary . A warrant of arrest shall not issue if the accused is already under detentionpursuant to a warrant issued by the municipal trial court in accordance withparagraph (b) of this section, or if the complaint or information was filedpursuant to section 7 of this Rule or is for an offense penalized by fine only.The court shall then proceed in the exercise of its original jurisdiction. (6a)
Section 7. When accused lawfully arrested without warrant . When a person is lawfully arrested without awarrant involving an offense which requires a preliminary investigation, thecomplaint or information may be filed by a prosecutor without need of suchinvestigation provided an inquest has been conducted in accordance withexisting rules. In the absence or unavailability of an inquest prosecutor, thecomplaint may be filed by the offended party or a peace office directly withthe proper court on the basis of the affidavit of the offended party orarresting officer or person.
Before the complaint or information is filed,the person arrested may ask for a preliminary investigation in accordance withthis Rule, but he must sign a waiver of the provisions of Article 125 of theRevised Penal Code, as amended, in the presence of his counsel. Notwithstandingthe waiver, he may apply for bail and the investigation must be terminatedwithin fifteen (15) days from its inception.
After the filing of the complaint or informationin court without a preliminary investigation, the accused may, within five (5)days from the time he learns of its filing, ask for a preliminary investigationwith the same right to adduce evidence in his defense as provided in this Rule.(7a; sec. 2, R.A. No. 7438)
Section 8. Records . (a) Records supporting the information or complaint . An information or complaint filed in court shall be supported by the affidavitsand counter-affidavits of the parties and their witnesses, together with theother supporting evidence and the resolution on the case.
(b) Record of preliminary investigation . The record of the preliminary investigation, whether conducted by a judge ora fiscal, shall not form part of the record of the case. However, the court, onits own initiative or on motion of any party, may order the production of therecord or any its part when necessary in the resolution of the case or anyincident therein, or when it is to be introduced as an evidence in the case bythe requesting party. (8a)
Section 9. Cases not requiring a preliminary investigationnor covered by the Rule on Summary Procedure .
(a) If filed with the prosecutor . Ifthe complaint is filed directly with the prosecutor involving an offensepunishable by imprisonment of less four (4) years, two (2) months and one (1)day, the procedure outlined in section 3(a) of this Rule shall be observed. Theprosecutor shall act on the complaint based on the affidavits and othersupporting documents submitted by the complainant within ten (10) days from itsfiling.
(b) If filed with the Municipal Trial Court . If the complaint or information is filed directly with the Municipal TrialCourt or Municipal Circuit Trial Court for an offense covered by this section,the procedure in section 3(a) of this Rule shall be observed. If within ten(10) days after the filing of the complaint or information, the judge finds noprobable cause after personally evaluating the evidence, or after personallyexamining in writing and under oath the complainant and his witnesses in theform of searching question and answers, he shall dismiss the same. He may,however, require the submission of additional evidence, within ten (10) daysfrom notice, to determine further the existence of probable cause. If the judgestill finds no probable cause despite the additional evidence, he shall, withinten (10) days from its submission or expiration of said period, dismiss thecase. When he finds probable cause, he shall issue a warrant of arrest, or acommitment order if the accused had already been arrested, and hold him fortrial. However, if the judge is satisfied that there is no necessity forplacing the accused under custody, he may issue summons instead of a warrant ofarrest. (9a)
Section 1. Definition of arrest . Arrest is the taking of a person intocustody in order that he may be bound to answer for the commission of anoffense. (1)
Section 2. Arrest ; how made . An arrest is made by an actual restraint of aperson to be arrested, or by his submission to the custody of the person makingthe arrest.
No violence or unnecessary force shall be usedin making an arrest. The person arrested shall not be subject to a greaterrestraint than is necessary for his detention. (2a)
Section 3. Duty of arresting officer . It shall be the duty of the officerexecuting the warrant to arrest the accused and to deliver him to the nearestpolice station or jail without unnecessary delay. (3a)
Section 4. Execution of warrant . The head of the office to whom the warrantof arrest was delivered for execution shall cause the warrant to be executedwithin ten (10) days from its receipt. Within ten (10) days after theexpiration of the period, the officer to whom it was assigned for executionshall make a report to the judge who issued the warrant. In case of his failureto execute the warrant, he shall state the reasons therefor. (4a)
Section 5. Arrest without warrant ; when lawful . A peace officer or aprivate person may, without a warrant, arrest a person:
(a) When, in his presence, the person to bearrested has committed, is actually committing, or is attempting to commit anoffense;
(b) When an offense has just been committed, andhe has probable cause to believe based on personal knowledge of facts orcircumstances that the person to be arrested has committed it; and
(c) When the person to be arrested is a prisonerwho has escaped from a penal establishment or place where he is serving finaljudgment or is temporarily confined while his case is pending, or has escapedwhile being transferred from one confinement to another.
In cases falling under paragraph (a) and (b)above, the person arrested without a warrant shall be forthwith delivered tothe nearest police station or jail and shall be proceeded against in accordancewith section 7 of Rule 112. (5a)
Section 6. Time of making arrest . An arrest may be made on any day and at anytime of the day or night. (6)
Section 7. Method of arrest by officer by virtue of warrant . When making an arrest by virtue of awarrant, the officer shall inform the person to be arrested of the cause of thearrest and of the fact that a warrant has been issued for his arrest, exceptwhen he flees or forcibly resists before the officer has opportunity to soinform him, or when the giving of such information will imperil the arrest. Theofficer need not have the warrant in his possession at the time of the arrestbut after the arrest, if the person arrested so requires, the warrant shall beshown to him as soon as practicable. (7a)
Section 8. Method of arrest by officer without warrant . When making an arrest without a warrant, theofficer shall inform the person to be arrested of his authority and the causeof the arrest, unless the latter is either engaged in the commission of anoffense, is pursued immediately after its commission, has escaped, flees orforcibly resists before the officer has opportunity so to inform him, or whenthe giving of such information will imperil the arrest. (8a)
Section 9. Method of arrest by private person . When making an arrest, a private personshall inform the person to be arrested of the intention to arrest him and causeof the arrest, unless the latter is either engaged in the commission of anoffense, is pursued immediately after its commission, or has escaped, flees, orforcibly resists before the person making the arrest has opportunity to soinform him, or when the giving of such information will imperil the arrest.(9a)
Section 10. Officer may summon assistance . An officer making a lawful arrest may orallysummon as many persons as he deems necessary to assist him in effecting thearrest. Every person so summoned by an officer shall assist him in effectingthe arrest when he can render such assistance without detriment to himself.(10a)
Section 11. Right of officer to break into building orenclosure . An officer, in order tomake an arrest either by virtue of a warrant, or without a warrant as providedin section 5, may break into any building or enclosure where the person to bearrested is or is reasonably believed to be, if he is refused admittancethereto, after announcing his authority and purpose. (11a)
Section 12. Right to break out from building or enclosure . Whenever an officer has entered thebuilding or enclosure in accordance with the preceding section, he may breakout therefrom when necessary to liberate himself. (12a)
Section 13. Arrest after escape or rescue . If a person lawfully arrested escapes or isrescued, any person may immediately pursue or retake him without a warrant at anytime and in any place within the Philippines. (13)
Section 14. Right of attorney or relative to visit personarrested . Any member of thePhilippine Bar shall, at the request of the person arrested or of anotheracting in his behalf, have the right to visit and confer privately with suchperson in the jail or any other place of custody at any hour of the day ornight. Subject to reasonable regulations, a relative of the person arrested canalso exercise the same right. (14a)
Section 1. Bail defined . Bail is the security given for the release of a person incustody of the law, furnished by him or a bondsman, to guarantee his appearancebefore any court as required under the conditions hereinafter specified. Bailmay be given in the form of corporate surety, property bond, cash deposit, orrecognizance. (1a)
Section 2. Conditions of the bail ; requirements . All kinds of bail aresubject to the following conditions:
(a) The undertaking shall be effective uponapproval, and unless cancelled, shall remain in force at all stages of the caseuntil promulgation of the judgment of the Regional Trial Court, irrespective ofwhether the case was originally filed in or appealed to it;
(b) The accused shall appear before the propercourt whenever required by the court of these Rules;
(c) The failure of the accused to appear at thetrial without justification and despite due notice shall be deemed a waiver ofhis right to be present thereat. In such case, the trial may proceed in absentia ;and
(d) The bondsman shall surrender the accused tothe court for execution of the final judgment.
The original papers shall state the full nameand address of the accused, the amount of the undertaking and the conditionsherein required. Photographs (passport size) taken within the last six (6)months showing the face, left and right profiles of the accused must beattached to the bail. (2a)
Section 3. No release or transfer except on court order orbail . No person underdetention by legal process shall be released or transferred except upon orderof the court or when he is admitted to bail. (3a)
Section 4. Bail, a matter of right ; exception . All persons in custodyshall be admitted to bail as a matter of right, with sufficient sureties, orreleased on recognize as prescribed by law or this Rule (a) before or afterconviction by the Metropolitan Trial Court, Municipal Trial Court, MunicipalTrial Court in Cities, or Municipal Circuit Trial Court, and (b) beforeconviction by the Regional Trial Court of an offense not punishable by death, reclusionperpetua , or life imprisonment. (4a)
Section 5. Bail , when discretionary . Upon conviction by the RegionalTrial Court of an offense not punishable by death, reclusion perpetua ,or life imprisonment, admission to bail is discretionary. The application forbail may be filed and acted upon by the trial court despite the filing of anotice of appeal, provided it has not transmitted the original record to theappellate court. However, if the decision of the trial court convicting theaccused changed the nature of the offense from non-bailable to bailable, theapplication for bail can only be filed with and resolved by the appellatecourt.
Should the court grant the application, theaccused may be allowed to continue on provisional liberty during the pendencyof the appeal under the same bail subject to the consent of the bondsman.
If the penalty imposed by the trial court isimprisonment exceeding six (6) years, the accused shall be denied bail, or hisbail shall be cancelled upon a showing by the prosecution, with notice to theaccused, of the following or other similar circumstances:
(a) That he is a recidivist, quasi-recidivist,or habitual delinquent, or has committed the crime aggravated by thecircumstance of reiteration;
(b) That he has previously escaped from legalconfinement, evaded sentence, or violated the conditions of his bail withoutvalid justification;
(c) That he committed the offense while underprobation, parole, or conditional pardon;
(d) That the circumstances of his case indicatethe probability of flight if released on bail; or
(e) That there is undue risk that he may commitanother crime during the pendency of the appeal.
The appellate court may, motu proprio oron motion of any party, review the resolution of the Regional Trial Court afternotice to the adverse party in either case. (5a)
Section 6. Capital offense defined . A capital offense is an offense which, underthe law existing at the time of its commission and of the application foradmission to bail, may be punished with death. (6a)
Section 7. Capital offense of an offense punishable byreclusion perpetua or life imprisonment, not bailable . No person charged with a capital offense, oran offense punishable by reclusion perpetua or life imprisonment, shallbe admitted to bail when evidence of guilt is strong, regardless of the stageof the criminal prosecution. (7a)
Section 8. Burden of proof in bail application . At the hearing of an application for bailfiled by a person who is in custody for the commission of an offense punishableby death, reclusion perpetua , or life imprisonment, the prosecution hasthe burden of showing that evidence of guilt is strong. The evidence presentedduring the bail hearing shall be considered automatically reproduced at thetrial, but upon motion of either party, the court may recall any witness foradditional examination unless the latter is dead, outside the Philippines, or otherwiseunable to testify. (8a)
Section 9. Amount of bail ; guidelines . The judge who issued the warrant or grantedthe application shall fix a reasonable amount of bail considering primarily,but not limited to, the following factors:
(a) Financial ability of the accused to givebail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at thetrial;
(h) Forfeiture of other bail;
(i) The fact that accused was a fugitive fromjustice when arrested; and
(j) Pendency of other cases where the accused ison bail.
Excessive bail shall not be required. (9a)
Section 10. Corporate surety . Any domestic or foreign corporation,licensed as a surety in accordance with law and currently authorized to act assuch, may provide bail by a bond subscribed jointly by the accused and anofficer of the corporation duly authorized by its board of directors. (10a)
Section 11. Property bond , how posted . A property bond is an undertakingconstituted as lien on the real property given as security for the amount ofthe bail. Within ten (10) days after the approval of the bond, the accusedshall cause the annotation of the lien on the certificate of title on file withthe Register of Deeds if the land is registered, or if unregistered, in theRegistration Book on the space provided therefor, in the Registry of Deeds forthe province or city where the land lies, and on the corresponding taxdeclaration in the office of the provincial, city and municipal assessorconcerned.
Within the same period, the accused shall submitto the court his compliance and his failure to do so shall be sufficient causefor the cancellation of the property bond and his re-arrest and detention.(11a)
Section 12. Qualifications of sureties in property bond . The qualification of sureties in a propertybond shall be as follows:
(a) Each must be a resident owner of real estatewithin the Philippines;
(b) Where there is only one surety, his realestate must be worth at least the amount of the undertaking;
(c) If there are two or more sureties, each mayjustify in an amount less than that expressed in the undertaking but theaggregate of the justified sums must be equivalent to the whole amount of baildemanded.
In all cases, every surety must be worth theamount specified in his own undertaking over and above all just debts,obligations and properties exempt from execution. (12a)
Section 13. Justification of sureties . Every surety shall justify by affidavittaken before the judge that he possesses the qualifications prescribed in thepreceding section. He shall describe the property given as security, statingthe nature of his title, its encumbrances, the number and amount of other bailsentered into by him and still undischarged, and his other liabilities. Thecourt may examine the sureties upon oath concerning their sufficiency in suchmanner as it may deem proper. No bail shall be approved unless the surety isqualified. (13a)
Section 14. Deposit of cash as bail . The accused or any person acting in hisbehalf may deposit in cash with the nearest collector or internal revenue orprovincial, city, or municipal treasurer the amount of bail fixed by the court,or recommended by the prosecutor who investigated or filed the case. Uponsubmission of a proper certificate of deposit and a written undertaking showingcompliance with the requirements of section 2 of this Rule, the accused shallbe discharged from custody. The money deposited shall be considered as bail andapplied to the payment of fine and costs while the excess, if any, shall bereturned to the accused or to whoever made the deposit. (14a)
Section 15. Recognizance . Whenever allowed by law or these Rules, the court may releasea person in custody to his own recognizance or that of a responsible person.(15a)
Section 16. Bail , when not required ; reduced bail or recognizance . No bail shall be required when the law or these Rules so provide.
When a person has been in custody for a periodequal to or more than the possible maximum imprisonment prescribe for theoffense charged, he shall be released immediately, without prejudice to thecontinuation of the trial or the proceedings on appeal. If the maximum penaltyto which the accused may be sentenced is destierro , he shall be releasedafter thirty (30) days of preventive imprisonment.
A person in custody for a period equal to or morethan the minimum of the principal penalty prescribed for the offense charged,without application of the Indeterminate Sentence Law or any modifyingcircumstance, shall be released on a reduced bail or on his own recognizance,at the discretion of the court. (16a)
Section 17. Bail , where filed . (a) Bail in the amount fixed may be filedwith the court where the case is pending, or in the absence or unavailabilityof the judge thereof, with any regional trial judge, metropolitan trial judge,municipal trial judge, or municipal circuit trial judge in the province, city,or municipality. If the accused is arrested in a province, city, ormunicipality other than where the case is pending, bail may also be filed withany regional trial court of said place, or if no judge thereof is available,with any metropolitan trial judge, municipal trial judge, or municipal circuittrial judge therein.
(b) Where the grant of bail is a matter ofdiscretion, or the accused seeks to be released on recognizance, the applicationmay only be filed in the court where the case is pending, whether onpreliminary investigation, trial, or on appeal.
(c) Any person in custody who is not yet chargedin court may apply for bail with any court in the province, city, ormunicipality where he is held. (17a)
Section 18. Notice of application to prosecutor . In the application for bail under section 8of this Rule, the court must give reasonable notice of the hearing to theprosecutor or require him to submit his recommendation. (18a)
Section 19. Release on bail . The accused must be discharged upon approvalof the bail by the judge with whom it was filed in accordance with section 17of this Rule.
Whenever bail is filed with a court other thanwhere the case is pending, the judge who accepted the bail shall forward it,together with the order of release and other supporting papers, to the courtwhere the case is pending, which may, for good reason, require a different oneto be filed. (19a)
Section 20. Increase or reduction of bail . After the accused is admitted to bail, thecourt may, upon good cause, either increase or reduce its amount. Whenincreased, the accused may be committed to custody if he does not give bail inthe increased amount within a reasonable period. An accused held to answer acriminal charge, who is released without bail upon filing of the complaint orinformation, may, at any subsequent stage of the proceedings and whenever astrong showing of guilt appears to the court, be required to give bail in theamount fixed, or in lieu thereof, committed to custody. (20a)
Section 21. Forfeiture of bond . When the presence of the accused is requiredby the court or these Rules, his bondsmen shall be notified to produce himbefore the court on a given date and time. If the accused fails to appear inperson as required, his bail shall be declared forfeited and the bondsmen giventhirty (30) days within which to produce their principal and to show cause whyno judgment should be rendered against them for the amount of their bail.Within the said period, the bondsmen must:
(a) produce the body of their principal or givethe reason for his non-production; and
(b) explain why the accused did not appearbefore the court when first required to do so.
Failing in these two requisites, a judgmentshall be rendered against the bondsmen, jointly and severally, for the amountof the bail. The court shall not reduce or otherwise mitigate the liability ofthe bondsmen, unless the accused has been surrendered or is acquitted. (21a)
Section 22. Cancellation of bail . Upon application of the bondsmen, with duenotice to the prosecutor, the bail may be cancelled upon surrender of theaccused or proof of his death.
The bail shall be deemed automatically cancelledupon acquittal of the accused, dismissal of the case, or execution of thejudgment of conviction.
In all instances, the cancellation shall bewithout prejudice to any liability on the bond. (22a)
Section 23. Arrest of accused out on bail . For the purpose of surrendering the accused,the bondsmen may arrest him or, upon written authority endorsed on a certifiedcopy of the undertaking, cause him to be arrested by a police officer or anyother person of suitable age and discretion.
An accused released on bail may be re-arrested withoutthe necessity of a warrant if he attempts to depart from the Philippineswithout permission of the court where the case is pending. (23a)
Section 24. No bail after final judgment ; exception . No bail shall be allowedafter the judgment of conviction has become final. If before such finality, theaccused has applies for probation, he may be allowed temporary liberty underhis bail. When no bail was filed or the accused is incapable of filing one, thecourt may allow his release on recognizance to the custody of a responsiblemember of the community. In no case shall bail be allowed after the accused hascommenced to serve sentence. (24a)
Section 25. Court supervision of detainees . The court shall exercise supervision overall persons in custody for the purpose of eliminating unnecessary detention.The executive judges of the Regional Trial Courts shall conduct monthlypersonal inspections of provincial, city, and municipal jails and theirprisoners within their respective jurisdictions. They shall ascertain thenumber of detainees, inquire on their proper accommodation and health andexamine the condition of the jail facilities. They shall order the segregationof sexes and of minors from adults, ensure the observance of the right ofdetainees to confer privately with counsel, and strive to eliminate conditionsinimical to the detainees.
In cities and municipalities to be specified bythe Supreme Court, the municipal trial judges or municipal circuit trial judgesshall conduct monthly personal inspections of the municipal jails in theirrespective municipalities and submit a report to the executive judge of theRegional Trial Court having jurisdiction therein.
A monthly report of such visitation shall besubmitted by the executive judges to the Court Administrator which shall statethe total number of detainees, the names of those held for more than thirty(30) days, the duration of detention, the crime charged, the status of thecase, the cause for detention, and other pertinent information. (25a)
Section 26. Bail not a bar to objections on illegal arrest , lack of or irregular preliminaryinvestigation . An application for or admission to bail shall not bar theaccused from challenging the validity of his arrest or the legality of thewarrant issued therefor, or from assailing the regularity or questioning theabsence of a preliminary investigation of the charge against him, provided thathe raises them before entering his plea. The court shall resolve the matter asearly as practicable but not later than the start of the trial of the case. (n)
Rights of Accused
Section 1. Rights of accused at the trial . In all criminal prosecutions, the accusedshall be entitled to the following rights:
(a) To be presumed innocent until the contraryis proved beyond reasonable doubt.
(b) To be informed of the nature and cause ofthe accusation against him.
(c) To be present and defend in person and bycounsel at every stage of the proceedings, from arraignment to promulgation ofthe judgment. The accused may, however, waive his presence at the trialpursuant to the stipulations set forth in his bail, unless his presence isspecifically ordered by the court for purposes of identification. The absenceof the accused without justifiable cause at the trial of which he had noticeshall be considered a waiver of his right to be present thereat. When anaccused under custody escapes, he shall be deemed to have waived his right tobe present on all subsequent trial dates until custody over him is regained. Uponmotion, the accused may be allowed to defend himself in person when itsufficiently appears to the court that he can properly protect his rightwithout the assistance of counsel.
(d) To testify as a witness in his own behalfbut subject to cross-examination on matters covered by direct examination. Hissilence shall not in any manner prejudice him.
(e) To be exempt from being compelled to be awitness against himself.
(f) To confront and cross-examine the witnessesagainst him at the trial. Either party may utilize as part of its evidence thetestimony of a witness who is deceased, out of or can not with due diligence befound in the Philippines, unavailable or otherwise unable to testify, given inanother case or proceeding, judicial or administrative, involving the sameparties and subject matter, the adverse party having the opportunity tocross-examine him.
(g) To have compulsory process issued to securethe attendance of witnesses and production of other evidence in his behalf.
(h) To have speedy, impartial and public trial.
(i) To appeal in all cases allowed and in themanner prescribed by law. (1a)
Arraignment and Plea
Section 1. Arraignment and plea ; how made .
(a) The accused must be arraigned before thecourt where the complaint or information was filed or assigned for trial. Thearraignment shall be made in open court by the judge or clerk by furnishing theaccused with a copy of the complaint or information, reading the same in thelanguage or dialect known to him, and asking him whether he pleads guilty ornot guilty. The prosecution may call at the trial witnesses other than thosenamed in the complaint or information.
(b) The accused must be present at thearraignment and must personally enter his plea. Both arraignment and plea shallbe made of record, but failure to do so shall not affect the validity of theproceedings.
(c) When the accused refuses to plead or makes aconditional plea, a plea of not guilty shall be entered for him. (1a)
(d) When the accused pleads guilty but presentsexculpatory evidence, his plea shall be deemed withdrawn and a plea of notguilty shall be entered for him. (n)
(e) When the accused is under preventive detention,his case shall be raffled and its records transmitted to the judge to whom thecase was raffled within three (3) days from the filing of the information orcomplaint. The accused shall be arraigned within ten (10) days from the date ofthe raffle. The pre-trial conference of his case shall be held within ten (10)days after arraignment. (n)
(f) The private offended party shall be requiredto appear at the arraignment for purposes of plea bargaining, determination ofcivil liability, and other matters requiring his presence. In case of failureof the offended party to appear despite due notice, the court may allow theaccused to enter a plea of guilty to a lesser offense which is necessarilyincluded in the offense charged with the conformity of the trial prosecutoralone.
(g) Unless a shorter period is provided byspecial law or Supreme Court circular, the arraignment shall be held withinthirty (30) days from the date the court acquires jurisdiction over the personof the accused. The time of the pendency of a motion to quash or for a bill ofparticulars or other causes justifying suspension of the arraignment shall beexcluded in computing the period.
Section 2. Plea of guilty to a lesser offense . At arraignment, the accused, with theconsent of the offended party and the prosecutor, may be allowed by the trialcourt to plead guilty to a lesser offense which is necessarily included in theoffense charged. After arraignment but before trial, the accused may still beallowed to plead guilty to said lesser offense after withdrawing his plea ofnot guilty. No amendment of the complaint or information is necessary.
Section 3. Plea of guilty to capital offense ; reception of evidence . When theaccused pleads guilty to a capital offense, the court shall conduct a searchinginquiry into the voluntariness and full comprehension of the consequences ofhis plea and require the prosecution to prove his guilt and the precise degreeof culpability. The accused may present evidence in his behalf. (3a)
Section 4. Plea of guilty to non-capital offense ; reception of evidence , discretionary . When the accused pleads guilty to a non-capital offense, the court mayreceive evidence from the parties to determine the penalty to be imposed. (4)
Section 5. Withdrawal of improvident plea of guilty . At any time before the judgment ofconviction becomes final, the court may permit an improvident plea of guilty tobe withdrawn and be substituted by a plea of not guilty. (5)
Section 6. Duty of court to inform accused of his right tocounsel . Before arraignment, thecourt shall inform the accused of his right to counsel and ask him if hedesires to have one. Unless the accused is allowed to defend himself in personor has employed a counsel of his choice, the court must assign a counsel deoficio to defend him. (6a)
Section 7. Appointment of counsel de oficio . The court, considering the gravity of theoffense and the difficulty of the questions that may arise, shall appoint ascounsel de oficio only such members of the bar in good standing who, byreason of their experience and ability, can competently defend the accused. Butin localities where such members of the bar are not available, the court mayappoint any person, resident of the province and of good repute for probity andability, to defend the accused. (7a)
Section 8. Time for counsel de oficio to prepare forarraignment . Whenever a counsel deoficio is appointed by the court to defend the accused at the arraignment,he shall be given a reasonable time to consult with the accused as to his pleabefore proceeding with the arraignment. (8)
Section 9. Bill of particulars . The accused may, before arraignment, movefor a bill of particulars to enable him properly to plead and to prepare fortrial. The motion shall specify the alleged defects of the complaint orinformation and the details desired. (10a)
Section 10. Production or inspection of material evidence inpossession of prosecution . Uponmotion of the accused showing good cause and with notice to the parties, thecourt, in order to prevent surprise, suppression, or alteration, may order theprosecution to produce and permit the inspection and copying or photographingof any written statement given by the complainant and other witnesses in anyinvestigation of the offense conducted by the prosecution or otherinvestigating officers, as well as any designated documents, papers, books,accounts, letters, photographs, objects or tangible things not otherwiseprivileged, which constitute or contain evidence material to any matterinvolved in the case and which are in the possession or under the control ofthe prosecution, police, or other law investigating agencies. (11a)
Section 11. Suspension of arraignment . Upon motion by the proper party, thearraignment shall be suspended in the following cases:
(a) The accused appears to be suffering from anunsound mental condition which effective renders him unable to fully understandthe charge against him and to plead intelligently thereto. In such case, thecourt shall order his mental examination and, if necessary, his confinement forsuch purpose;
(b) There exists a prejudicial question; and
(c) A petition for review of the resolution ofthe prosecutor is pending at either the Department of Justice, or the Office ofthe President; provided , that the period of suspension shall not exceedsixty (60) days counted from the filing of the petition with the reviewingoffice. (12a)
Motion to Quash
Section 1. Time to move to quash . At any time before entering his plea, theaccused may move to quash the complaint or information. (1)
Section 2. Form and contents . The motion to quash shall be in writing,signed by the accused or his counsel and shall distinctly specify its factualand legal grounds. The court shall consider no ground other than those statedin the motion, except lack of jurisdiction over the offense charged. (2a)
Section 3. Grounds . The accused may move to quash the complaint or information onany of the following grounds:
(a) That the facts charged do not constitute anoffense;
(b) That the court trying the case has nojurisdiction over the offense charged;
(c) That the court trying the case has nojurisdiction over the person of the accused;
(d) That the officer who filed the informationhad no authority to do so;
(e) That it does not conform substantially tothe prescribed form;
(f) That more than one offense is charged exceptwhen a single punishment for various offenses is prescribed by law;
(g) That the criminal action or liability hasbeen extinguished;
(h) That it contains averments which, if true,would constitute a legal excuse or justification; and
(i) That the accused has been previouslyconvicted or acquitted of the offense charged, or the case against him wasdismissed or otherwise terminated without his express consent. (3a)
Section 4. Amendment of the complaint or information . If the motion to quash is based on analleged defect of the complaint or information which can be cured by amendment,the court shall order that an amendment be made. (4a)
If it is based on the ground that the factscharged do not constitute an offense, the prosecution shall be given by thecourt an opportunity to correct the defect by amendment. The motion shall begranted if the prosecution fails to make the amendment, or the complaint orinformation still suffers from the same defect despite the amendment. (n)
Section 5. Effect of sustaining the motion to quash . If the motion to quash is sustained, thecourt may order that another complaint or information be filed except asprovided in section 6 of this rule. If the order is made, the accused, if incustody, shall not be discharged unless admitted to bail. If no order is madeor if having been made, no new information is filed within the time specifiedin the order or within such further time as the court may allow for good cause,the accused, if in custody, shall be discharged unless he is also in custodyfor another charge. (5a)
Section 6. Order sustaining the motion to quash not a barto another prosecution ; exception . An order sustaining the motion to quash is not a bar to another prosecutionfor the same offense unless the motion was based on the grounds specified insection 3 (g) and (i) of this Rule. (6a)
Section 7. Former conviction or acquittal ; double jeopardy . When an accused hasbeen convicted or acquitted, or the case against him dismissed or otherwiseterminated without his express consent by a court of competent jurisdiction,upon a valid complaint or information or other formal charge sufficient in formand substance to sustain a conviction and after the accused had pleaded to thecharge, the conviction or acquittal of the accused or the dismissal of the caseshall be a bar to another prosecution for the offense charged, or for anyattempt to commit the same or frustration thereof, or for any offense whichnecessarily includes or is necessarily included in the offense charged in theformer complaint or information.
However, the conviction of the accused shall notbe a bar to another prosecution for an offense which necessarily includes theoffense charged in the former complaint or information under any of thefollowing instances:
(a) the graver offense developed due tosupervening facts arising from the same act or omission constituting the formercharge;
(b) the facts constituting the graver chargebecame known or were discovered only after a plea was entered in the formercomplaint or information; or
(c) the plea of guilty to the lesser offense wasmade without the consent of the prosecutor and of the offended party except asprovided in section 1 (f) of Rule 116.
In any of the foregoing cases, where the accusedsatisfies or serves in whole or in part the judgment, he shall be credited withthe same in the event of conviction for the graver offense. (7a)
Section 8. Provisional dismissal . A case shall not be provisionally dismissedexcept with the express consent of the accused and with notice to the offendedparty.
The provisional dismissal of offenses punishableby imprisonment not exceeding six (6) years or a fine of any amount, or both,shall become permanent one (1) year after issuance of the order without thecase having been revived. With respect to offenses punishable by imprisonmentof more than six (6) years, their provisional dismissal shall become permanenttwo (2) years after issuance of the order without the case having been revived.(n)
Section 9. Failure to move to quash or to allege any groundtherefor . The failure of theaccused to assert any ground of a motion to quash before he pleads to thecomplaint or information, either because he did not file a motion to quash orfailed to allege the same in said motion, shall be deemed a waiver of anyobjections based on the grounds provided for in paragraphs (a), (b), (g), and(i) of section 3 of this Rule. (8)
Section 1. Pre-trial ; mandatory in criminal cases . In all criminal casescognizable by the Sandiganbayan, Regional Trial Court, Metropolitan TrialCourt, Municipal Trial Court in Cities, Municipal Trial Court and MunicipalCircuit Trial Court, the court shall after arraignment and within thirty (30)days from the date the court acquires jurisdiction over the person of theaccused, unless a shorter period is provided for in special laws or circularsof the Supreme Court, order a pre-trial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence ofthe parties;
(d) waiver of objections to admissibility ofevidence;
(e) modification of the order of trial if theaccused admits the charge but interposes a lawful defense; and
(f) such other matters as will promote a fairand expeditious trial of the criminal and civil aspects of the case.
Section 2. Pre-trial agreement . All agreements or admissions made or enteredduring the pre-trial conference shall be reduced in writing and signed by theaccused and counsel, otherwise, they cannot be used against the accused. Theagreements covering the matters referred to in section 1 of this Rule shall be approvedby the court.
Section 3. Non-appearance at pre-trial conference . If the counsel for the accused or theprosecutor does not appear at the pre-trial conference and does not offer anacceptable excuse for his lack of cooperation, the court may impose propersanctions or penalties.
Section 4. Pre-trial order . After the pre-trial conference, the courtshall issue an order reciting the actions taken, the facts stipulated, andevidence marked. Such order shall bind the parties, limit the trial to mattersnot disposed of, and control the course of the action during the trial, unlessmodified by the court to prevent manifest injustice. (3)
Section 1. Time to prepare for trial . After a plea of not guilty is entered, theaccused shall have at least fifteen (15) days to prepare for trial. The trialshall commence within thirty (30) days from receipt of the pre-trial order.
Section 2. Continuous trial until terminated ; postponements . Trial once commencedshall continue from day to day as far as practicable until terminated. It maybe postponed for a reasonable period of time for good cause. (2a)
The court shall, after consultation with theprosecutor and defense counsel, set the case for continuous trial on a weeklyor other short-term trial calendar at the earliest possible time so as toensure speedy trial. In no case shall the entire trial period exceed onehundred eighty (180) days from the first day of trial, except as otherwiseauthorized by the Supreme Court.
The time limitations provided under this sectionand the preceding section shall not apply where special laws or circulars ofthe Supreme Court provide for a shorter period of trial. (n)
Section 3. Exclusions . The following periods of delay shall be excluded in computingthe time within which trial must commence:
(a) Any period of delay resulting from otherproceedings concerning the accused, including but not limited to the following:
(1) Delay resulting from an examination of thephysical and mental condition of the accused;
(2) Delay resulting from proceedings withrespect to other criminal charges against the accused;
(3) Delay resulting from extraordinary remediesagainst interlocutory orders;
(4) Delay resulting from pre-trial proceedings;provided, that the delay does not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition,or proceedings relating to change of venue of cases or transfer from othercourts;
(6) Delay resulting from a finding of theexistence of a prejudicial question; and
(7) Delay reasonably attributable to any period,not exceed thirty (30) days, during which any proceeding which any proceedingconcerning the accused is actually under advisement.
(b) Any period of delay resulting from theabsence or unavailability of an essential witness.
For purposes of this subparagraph, an essentialwitness shall be considered absent when his whereabouts are unknown or hiswhereabouts cannot be determined by due diligence. He shall be consideredunavailable whenever his whereabouts are known but his presence for trialcannot be obtained by due diligence.
(c) Any period of delay resulting from themental incompetence or physical inability of the accused to stand trial.
(d) If the information is dismissed upon motionof the prosecution and thereafter a charge is filed against the accused for thesame offense, any period of delay from the date the charge was dismissed to thedate the time limitation would commence to run as to the subsequent charge hadthere been no previous charge.
(e) A reasonable period of delay when theaccused is joined for trial with a co-accused over whom the court has notacquired jurisdiction, or, as to whom the time for trial has not run and nomotion for separate trial has been granted.
(f) Any period of delay resulting from acontinuance granted by any court motu proprio , or on motion of eitherthe accused or his counsel, or the prosecution, if the court granted thecontinuance on the basis of its findings set forth in the order that the endsof justice served by taking such action outweigh the best interest of thepublic and the accused in a speedy trial.
Section 4. Factors for granting continuance . The following factors, among others, shallbe considered by a court in determining whether to grant a continuance undersection 3(f) of this Rule.
(a) Whether or not the failure to grant acontinuance in the proceeding would likely make a continuation of suchproceeding impossible or result in a miscarriage of justice; and
(b) Whether or not the case taken as a whole isso novel, unusual and complex, due to the number of accused or the nature ofthe prosecution, or that it is unreasonable to expect adequate preparationwithin the periods of time established therein.
In addition, no continuance under section 3(f)of this Rule shall be granted because of congestion of the court's calendar orlack of diligent preparation or failure to obtain available witnesses on thepart of the prosecutor.
Section 5. Time limit following an order for new trial . If the accused is to be tried again pursuantto an order for a new trial, the trial shall commence within thirty (30) daysfrom notice of the order, provided that if the period becomes impractical dueto unavailability of witnesses and other factors, the court may extend it butnot to exceed one hundred eighty (180) days from notice of said order for a newtrial.
Section 6. Extended time limit . Notwithstanding the provisions of section1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-monthperiod following its effectivity on September 15, 1998, the time limit withrespect to the period from arraignment to trial imposed by said provision shallbe one hundred eighty (180) days. For the second twelve-month period, the limitshall be one hundred twenty (120) days, and for the third twelve-month period,the time limit shall be eighty (80) days.
Section 7. Public attorney 's duties where accused is imprisoned . If the public attorney assigned to defend a person charged with a crime knowsthat the latter is preventively detained, either because he is charged with abailable crime but has no means to post bail, or, is charged with anon-bailable crime, or, is serving a term of imprisonment in any penalinstitution, it shall be his duty to do the following:
(a) Shall promptly undertake to obtain thepresence of the prisoner for trial or cause a notice to be served on the personhaving custody of the prisoner requiring such person to so advise the prisonerof his right to demand trial.
(b) Upon receipt of that notice, the custodianof the prisoner shall promptly advise the prisoner of the charge and of hisright to demand trial. If at anytime thereafter the prisoner informs hiscustodian that he demands such trial, the latter shall cause notice to thateffect to sent promptly to the public attorney.
(c) Upon receipt of such notice, the publicattorney shall promptly seek to obtain the presence of the prisoner for trial.
(d) When the custodian of the prisoner receivesfrom the public attorney a properly supported request for the availability ofthe prisoner for purposes of trial, the prisoner shall be made availableaccordingly.
Section 8. Sanctions . In any case in which private counsel for the accused, thepublic attorney, or the prosecutor.
(a) Knowingly allows the case to be set fortrial without disclosing that a necessary witness would be unavailable fortrial;
(b) Files a motion solely for delay which heknows is totally frivolous and without merit;
(c) Makes a statement for the purpose ofobtaining continuance which he knows to be false and which is material to thegranting of a continuance; or
(d) Willfully fails to proceed to trial withoutjustification consistent with the provisions hereof, the court may punish suchcounsel, attorney, or prosecution, as follows:
(1) By imposing on a counsel privately retainedin connection with the defense of an accused, a fine not exceeding twentythousand pesos (P20,000.00);
(2) By imposing on any appointed counsel deoficio , public attorney, or prosecutor a fine not exceeding five thousandpesos (P5,000.00); and (3) By denying any defense counsel or prosecutor theright to practice before the court trying the case for a period not exceedingthirty (30) days. The punishment provided for by this section shall be withoutprejudice to any appropriate criminal action or other sanction authorized underthese rules.
Section 9. Remedy where accused is not brought to trialwithin the time limit . If the accused is notbrought to trial within the time limit required by Section 1(g), Rule 116 andSection 1, as extended by Section 6 of this rule, the information may bedismissed on motion of the accused on the ground of denial of his right ofspeedy trial. The accused shall have the burden of proving the motion but the prosecutionshall have the burden of going forward with the evidence to establish theexclusion of time under section 3 of this rule. The dismissal shall be subjectto the rules on double jeopardy.
Failure of the accused to move for dismissalprior to trial shall constitute a waiver of the right to dismiss under thissection.
Section 10. Law on speedy trial not a bar to provision onspeedy trial in the Constitution . No provision of law on speedy trial and no rule implementingthe same shall be interpreted as a bar to any charge of denial of the right tospeedy trial guaranteed by section 14(2), article III, of the 1987Constitution.
Section 11. Order of trial . The trial shall proceed in the following order:
(a) The prosecution shall present evidence toprove the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to provehis defense, and damages, if any, arising from the issuance of a provisionalremedy in the case.
(c) The prosecution and the defense may, in thatorder, present rebuttal and sur-rebuttal evidence unless the court, infurtherance of justice, permits them to present additional evidence bearingupon the main issue.
(d) Upon admission of the evidence of theparties, the case shall be deemed submitted for decision unless the courtdirects them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omissioncharged in the complaint or information but interposes a lawful defense, theorder of trial may be modified. (3a)
Section 12. Application for examination of witness foraccused before trial . When the accused hasbeen held to answer for an offense, he may, upon motion with notice to theother parties, have witnesses conditionally examined in his behalf. The motionshall state: (a) the name and residence of the witness; (b) the substance ofhis testimony; and (c) that the witness is sick or infirm as to affordreasonable ground for believing that he will not be able to attend the trial,or resides more than one hundred (100) kilometers from the place of trial andhas no means to attend the same, or that other similar circumstances exist thatwould make him unavailable or prevent him from attending the trial. The motionshall be supported by an affidavit of the accused and such other evidence asthe court may require. (4a)
Section 13. Examination of defense witness ; how made . If the court is satisfiedthat the examination of a witness for the accused is necessary, an order willbe made directing that the witness be examined at a specified date, time andplace and that a copy of the order be served on the prosecutor at least three(3) days before the scheduled examination. The examination shall be takenbefore a judge, or, if not practicable, a member of the Bar in good standing sodesignated by the judge in the order, or if the order be made by a court ofsuperior jurisdiction, before an inferior court to be designated therein. Theexamination shall proceed notwithstanding the absence of the prosecutorprovided he was duly notified of the hearing. A written record of the testimonyshall be taken. (5a)
Section 14. Bail to secure appearance of material witness . When the court is satisfied, upon proof oroath, that a material witness will not testify when required, it may, uponmotion of either party, order the witness to post bail in such sum as may bedeemed proper. Upon refusal to post bail, the court shall commit him to prisonuntil he complies or is legally discharged after his testimony has been taken.(6a)
Section 15. Examination of witness for the prosecution . When it satisfactorily appears that awitness for the prosecution is too sick or infirm to appear at the trial asdirected by the order of the court, or has to leave the Philippines with nodefinite date of returning, he may forthwith be conditionally examined beforethe court where the case is pending. Such examination, in the presence of theaccused, or in his absence after reasonable notice to attend the examinationhas been served on him, shall be conducted in the same manner as an examinationat the trial. Failure or refusal of the accused to attend the examination afternotice shall be considered a waiver. The statement taken may be admitted inbehalf of or against the accused. (7a)
Section 16. Trial of several accused . When two or more accused are jointly chargedwith any offense, they shall be tried jointly unless the court, in itsdiscretion and upon motion of the prosecutor or any accused, orders separatetrial for one or more accused. (8a)
Section 17. Discharge of accused to be state witness . When two or more persons are jointly chargedwith the commission of any offense, upon motion of the prosecution beforeresting its case, the court may direct one or more of the accused to be dischargedwith their consent so that they may be witnesses for the state when, afterrequiring the prosecution to present evidence and the sworn statement of eachproposed state witness at a hearing in support of the discharge, the court issatisfied that:
(a) There is absolutenecessity for the testimony of the accused whose discharge is requested;
(b) The is no other direct evidence availablefor the proper prosecution of the offense committed, except the testimony ofsaid accused;
(c) The testimony of said accused can besubstantially corroborated in its material points;
(d) Said accused does not appear to be the mostguilty; and
(e) Said accused has not at any time beenconvicted of any offense involving moral turpitude.
Evidence adduced in support of the dischargeshall automatically form part of the trial. If the court denies the motion fordischarge of the accused as state witness, his sworn statement shall beinadmissible in evidence. (9a)
Section 18. Discharge of accused operates as acquittal . The order indicated in the preceding sectionshall amount to an acquittal of the discharged accused and shall be a bar tofuture prosecution for the same offense, unless the accused fails or refuses totestify against his co-accused in accordance with his sworn statementconstituting the basis for the discharge. (10a)
Section 19. When mistake has been made in charging theproper offense . When it becomesmanifest at any time before judgment that a mistake has been made in chargingthe proper offense and the accused cannot be convicted of the offense chargedor any other offense necessarily included therein, the accused shall not bedischarged if there appears good cause to detain him. In such case, the courtshall commit the accused to answer for the proper offense and dismiss theoriginal case upon the filing of the proper information. (11a)
Section 20. Appointment of acting prosecutor . When a prosecutor, his assistant or deputyis disqualified to act due to any of the grounds stated in section 1 of Rule 137or for any other reasons, the judge or the prosecutor shall communicate withthe Secretary of Justice in order that the latter may appoint an actingprosecutor. (12a)
Section 21. Exclusion of the public . The judge may, motu proprio , excludethe public from the courtroom if the evidence to be produced during the trialis offensive to decency or public morals. He may also, on motion of theaccused, exclude the public from the trial, except court personnel and thecounsel of the parties. (13a)
Section 22. Consolidation of trials of related offenses . Charges for offenses founded on the samefacts or forming part of a series of offenses of similar character may be triedjointly at the discretion of the court. (14a)
Section 23. Demurrer to evidence . After the prosecution rests its case, thecourt may dismiss the action on the ground of insufficiency of evidence (1) onits own initiative after giving the prosecution the opportunity to be heard or(2) upon demurrer to evidence filed by the accused with or without leave ofcourt.
If the court denies the demurrer to evidencefiled with leave of court, the accused may adduce evidence in his defense. Whenthe demurrer to evidence is filed without leave of court, the accused waivesthe right to present evidence and submits the case for judgment on the basis ofthe evidence for the prosecution. (15a)
The motion for leave of court to file demurrerto evidence shall specifically state its grounds and shall be filed within anon-extendible period of five (5) days after the prosecution rests its case.The prosecution may oppose the motion within a non-extendible period of five(5) days from its receipt.
If leave of court is granted, the accused shallfile the demurrer to evidence within a non-extendible period of ten (10) daysfrom notice. The prosecution may oppose the demurrer to evidence within asimilar period from its receipt.
The order denying the motion for leave of courtto file demurrer to evidence or the demurrer itself shall not be reviewable byappeal or by certiorari before judgment. (n)
Section 24. Reopening . At any time before finality of the judgment of conviction, thejudge may, motu proprio or upon motion, with hearing in either case,reopen the proceedings to avoid a miscarriage of justice. The proceedings shallbe terminated within thirty (30) days from the order grating it. (n)
Section 1. Judgment definition and form . Judgment is the adjudication by the courtthat the accused is guilty or not guilty of the offense charged and theimposition on him of the proper penalty and civil liability, if any. It must bewritten in the official language, personally and directly prepared by the judgeand signed by him and shall contain clearly and distinctly a statement of thefacts and the law upon which it is based. (1a)
Section 2. Contents of the judgment . If the judgment is of conviction, it shallstate (1) the legal qualification of the offense constituted by the actscommitted by the accused and the aggravating or mitigating circumstances whichattended its commission; (2) the participation of the accused in the offense,whether as principal, accomplice, or accessory after the fact; (3) the penaltyimposed upon the accused; and (4) the civil liability or damages caused by hiswrongful act or omission to be recovered from the accused by the offendedparty, if there is any, unless the enforcement of the civil liability by a separatecivil action has been reserved or waived.
In case the judgment is of acquittal, it shallstate whether the evidence of the prosecution absolutely failed to prove theguilt of the accused or merely failed to prove his guilt beyond reasonabledoubt. In either case, the judgment shall determine if the act or omission fromwhich the civil liability might arise did not exist. (2a)
Section 3. Judgment for two or more offenses . When two or more offenses are charged in asingle complaint or information but the accused fails to object to it beforetrial, the court may convict him of as many offenses as are charged and proved,and impose on him the penalty for each offense, setting out separately thefindings of fact and law in each offense. (3a)
Section 4. Judgment in case of variance between allegationand proof. When there is variancebetween the offense charged in the complaint or information and that proved,and the offense as charged is included in or necessarily includes the offenseproved, the accused shall be convicted of the offense proved which is includedin the offense charged, or of the offense charged which is included in theoffense proved. (4a)
Section 5. When an offense includes or is included inanother . An offense chargednecessarily includes the offense proved when some of the essential elements oringredients of the former, as alleged in the complaint or information,constitute the latter. And an offense charged is necessarily included in theoffense proved, when the essential ingredients of the former constitute or forma part of those constituting the latter. (5a)
Section 6. Promulgation of judgment . The judgment is promulgated by reading it inthe presence of the accused and any judge of the court in which it wasrendered. However, if the conviction is for a light offense, the judgment maybe pronounced in the presence of his counsel or representative. When the judgeis absent or outside of the province or city, the judgment may be promulgatedby the clerk of court.
If the accused is confined or detained inanother province or city, the judgment may be promulgated by the executivejudge of the Regional Trial Court having jurisdiction over the place ofconfinement or detention upon request of the court which rendered the judgment.The court promulgating the judgment shall have authority to accept the noticeof appeal and to approve the bail bond pending appeal; provided , that ifthe decision of the trial court convicting the accused changed the nature ofthe offense from non-bailable to bailable, the application for bail can only befiled and resolved by the appellate court.
The proper clerk of court shall give notice tothe accused personally or through his bondsman or warden and counsel, requiringhim to be present at the promulgation of the decision. If the accused tried inabsentia because he jumped bail or escaped from prison, the notice to himshall be served at his last known address.
In case the accused fails to appear at thescheduled date of promulgation of judgment despite notice, the promulgationshall be made by recording the judgment in the criminal docket and serving hima copy thereof at his last known address or thru his counsel.
If the judgment is for conviction and thefailure of the accused to appear was without justifiable cause, he shall losethe remedies available in these rules against the judgment and the court shallorder his arrest. Within fifteen (15) days from promulgation of judgment,however, the accused may surrender and file a motion for leave of court toavail of these remedies. He shall state the reasons for his absence at thescheduled promulgation and if he proves that his absence was for a justifiablecause, he shall be allowed to avail of said remedies within fifteen (15) daysfrom notice. (6a)
Section 7. Modification of judgment . A judgment of conviction may, upon motion ofthe accused, be modified or set aside before it becomes final or before appealis perfected. Except where the death penalty is imposed, a judgment becomesfinal after the lapse of the period for perfecting an appeal, or when thesentence has been partially or totally satisfied or served, or when the accusedhas waived in writing his right to appeal, or has applied for probation. (7a)
Section 8. Entry of judgment . After a judgment has become final, it shallbe entered in accordance with Rule 36. (8)
Section 9. Existing provisions governing suspension ofsentence , probation and parolenot affected by this Rule . Nothing in this Rule shall affect any existingprovisions in the laws governing suspension of sentence, probation or parole.(9a)
New Trial orReconsideration
Section 1. New trial or reconsideration . At any time before a judgment of convictionbecomes final, the court may, on motion of the accused or at its own instancebut with the consent of the accused, grant a new trial or reconsideration. (1a)
Section 2. Grounds for a new trial . The court shall grant a new trial on any ofthe following grounds:
(a) The errors of law or irregularitiesprejudicial to the substantial rights of the accused have been committed duringthe trial;
(b) The new and material evidence has beendiscovered which the accused could not with reasonable diligence havediscovered and produced at the trial and which if introduced and admitted wouldprobably change the judgment. (2a)
Section 3. Ground for reconsideration . The court shall grant reconsideration on theground of errors of law or fact in the judgment, which requires no furtherproceedings. (3a)
Section 4. Form of motion and notice to the prosecutor . The motion for a new trial orreconsideration shall be in writing and shall state the grounds on which it isbased. If based on a newly-discovered evidence, the motion must be supported byaffidavits of witnesses by whom such evidence is expected to be given or byduly authenticated copies of documents which are proposed to be introduced inevidence. Notice of the motion for new trial or reconsideration shall be givento the prosecutor. (4a)
Section 5. Hearing on motion . Where a motion for a new trial calls forresolution of any question of fact, the court may hear evidence thereon byaffidavits or otherwise. (5a)
Section 6. Effects of granting a new trial orreconsideration . The effects of grantinga new trial or reconsideration are the following:
(a) When a new trial is granted on the ground oferrors of law or irregularities committed during the trial, all proceedings andevidence affected thereby shall be set aside and taken anew. The court may, inthe interest of justice, allow the introduction of additional evidence.
(b) When a new trial is granted on the ground ofnewly-discovered evidence, the evidence already adduced shall stand and thenewly-discovered and such other evidence as the court may, in the interest ofjustice, allow to be introduced shall be taken and considered together with theevidence already in the record.
(c) In all cases, when the court grants newtrial or reconsideration, the original judgment shall be set aside or vacatedand a new judgment rendered accordingly. (6a)
Section 1. Who may appeal . Any party may appeal from a judgment or final order, unlessthe accused will be placed in double jeopardy. (2a)
Section 2. Where to appeal . The appeal may be taken as follows:
(a) To the Regional Trial Court, in casesdecided by the Metropolitan Trial Court, Municipal Trial Court in Cities,Municipal Trial Court, or Municipal Circuit Trial Court;
(b) To the Court of Appeals or to the SupremeCourt in the proper cases provided by law, in cases decided by the RegionalTrial Court; and
(c) To the Supreme Court, in cases decided bythe Court of Appeals. (1a)
Section 3. How appeal taken .
(a) The appeal to the Regional Trial Court, orto the Court of Appeals in cases decided by the Regional Trial Court in the exerciseof its original jurisdiction, shall be taken by filing a notice of appeal withthe court which rendered the judgment or final order appealed from and byserving a copy thereof upon the adverse party.
(b) The appeal to the Court of Appeals in cases decidedby the Regional Trial Court in the exercise of its appellate jurisdiction shallbe by petition for review under Rule 42.
(c) The appeal to the Supreme Court in caseswhere the penalty imposed by the Regional Trial Court is death, reclusionperpetua , or life imprisonment, or where a lesser penalty is imposed butfor offenses committed on the same occasion or which arose out of the sameoccurrence that gave rise to the more serious offense for which the penalty ofdeath, reclusion perpetua , or life imprisonment is imposed, shall be byfiling a notice of appeal in accordance with paragraph (a) of this section.
(d) No notice of appeal is necessary in caseswhere the death penalty is imposed by the Regional Trial Court. The same shallbe automatically reviewed by the Supreme Court as provided in section 10 ofthis Rule.
(e) Except as provided in the last paragraph ofsection 13, Rule 124, all other appeals to the Supreme Court shall be bypetition for review on certiorari under Rules 45. (3a)
Section 4. Publication of notice of appeal . If personal service of the copy of thenotice of appeal can not be made upon the adverse party or his counsel, servicemay be done by registered mail or by substituted service pursuant to sections 7and 8 of Rule 13. (4a)
Section 5. Waiver of notice . The appellee may waive his right to a noticethat an appeal has been taken. The appellate court may, in its discretion,entertain an appeal notwithstanding failure to give such notice if theinterests of justice so require. (5a)
Section 6. When appeal to be taken . An appeal must be taken within fifteen (15)days from promulgation of the judgment or from notice of the final orderappealed from. This period for perfecting an appeal shall be suspended from thetime a motion for new trial or reconsideration is filed until notice of theorder overruling the motion shall have been served upon the accused or hiscounsel at which time the balance of the period begins to run. (6a)
Section 7. Transcribing and filing notes of stenographicreporter upon appeal . When notice of appealis filed by the accused, the trial court shall direct the stenographic reporterto transcribe his notes of the proceedings. When filed by the People of thePhilippines, the trial court shall direct the stenographic reporter totranscribe such portion of his notes of the proceedings as the court, uponmotion, shall specify in writing. The stenographic reporter shall certify tothe correctness of the notes and the transcript thereof, which shall consist ofthe original and four copies, and shall file the original and four copies withthe clerk without unnecessary delay.
If death penalty is imposed, the stenographicreporter shall, within thirty (30) days from promulgation of the sentence, filewith the clerk original and four copies of the duly certified transcript of hisnotes of the proceedings. No extension of time for filing of said transcript ofstenographic notes shall be granted except by the Supreme Court and only uponjustifiable grounds. (7a)
Section 8. Transmission of papers to appellate court uponappeal . Within five (5) daysfrom the filing of the notice of appeal, the clerk of the court with whom thenotice of appeal was filed must transmit to the clerk of court of the appellatecourt the complete record of the case, together with said notice. The originaland three copies of the transcript of stenographic notes, together with therecords, shall also be transmitted to the clerk of the appellate court withoutundue delay. The other copy of the transcript shall remain in the lower court.(8a)
Section 9. Appeal to the Regional Trial Courts .
(a) Within five (5) days from perfection of theappeal, the clerk of court shall transmit the original record to theappropriate Regional Trial Court.
(b) Upon receipt of the complete record of thecase, transcripts and exhibits, the clerk of court of the Regional Trial Courtshall notify the parties of such fact.
(c) Within fifteen (15) days from receipt of thesaid notice, the parties may submit memoranda or briefs, or may be required bythe Regional Trial Court to do so. After the submission of such memoranda orbriefs, or upon the expiration of the period to file the same, the RegionalTrial Court shall decide the case on the basis of the entire record of the caseand of such memoranda or briefs as may have been filed. (9a)
Section 10. Transmission of records in case of death penalty . In all cases where the death penalty isimposed by the trial court, the records shall be forwarded to the Supreme Courtfor automatic review and judgment within five (5) days after the fifteenth (15)day following the promulgation of the judgment or notice of denial of a motion fornew trial or reconsideration. The transcript shall also be forwarded within ten(10) days after the filing thereof by the stenographic reporter. (10a)
Section 11. Effect of appeal by any of several accused .
(a) An appeal taken by one or more of severalaccused shall not affect those who did not appeal, except insofar as thejudgment of the appellate court is favorable and applicable to the latter;
(b) The appeal of the offended party from thecivil aspect shall not affect the criminal aspect of the judgment or orderappealed from.
(c) Upon perfection of the appeal, the executionof the judgment or final order appealed from shall be stayed as to theappealing party. (11a)
Section 12. Withdrawal of appeal . Notwithstanding the perfection of the appeal,the Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court inCities, Municipal Trial Court, or Municipal Circuit Trial Court, as the casemay be, may allow the appellant to withdraw his appeal before the record hasbeen forwarded by the clerk of court to the proper appellate court as providedin section 8, in which case the judgment shall become final. The Regional TrialCourt may also, in its discretion, allow the appellant from the judgment of aMetropolitan Trial Court, Municipal Trial Court in Cities, Municipal TrialCourt, or Municipal Circuit Trial Court to withdraw his appeal, provided amotion to that effect is filed before rendition of the judgment in the case onappeal, in which case the judgment of the court of origin shall become finaland the case shall be remanded to the latter court for execution of thejudgment. (12a)
Section 13. Appointment of counsel de oficio for accused onappeal . It shall be the duty ofthe clerk of the trial court, upon filing of a notice of appeal, to ascertainfrom the appellant, if confined in prison, whether he desires the RegionalTrial Court, Court of Appeals or the Supreme Court to appoint a counsel deoficio to defend him and to transmit with the record on a form to beprepared by the clerk of court of the appellate court, a certificate ofcompliance with this duty and of the response of the appellant to his inquiry.(13a)
Procedure in the MunicipalTrial Courts
Section 1. Uniform Procedure . The procedure to be observed in the MetropolitanTrial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts shallbe the same as in the Regional Trial Courts, except where a particularprovision applies only to either of said courts and in criminal cases governedby the Revised Rule on Summary Procedure.
Procedure in the Court ofAppeals
Section 1. Title of the case . In all criminal cases appealed to the Courtof Appeals, the party appealing the case shall be called the"appellant" and the adverse party the "appellee," but thetitle of the case shall remain as it was in the court of origin. (1a)
Section 2. Appointment of counsel de oficio for the accused . If it appears from the record of the case astransmitted that (a) the accused is confined in prison, (b) is without counsel departe on appeal, or (c) has signed the notice of appeal himself, the clerkof court of the Court of Appeals shall designate a counsel de oficio .
An appellant who is not confined in prison may,upon request, be assigned a counsel de oficio within ten (10) days fromreceipt of the notice to file brief and he establishes his right thereto. (2a)
Section 3. When brief for appellant to be filed . Within thirty (30) days from receipt by theappellant or his counsel of the notice from the clerk of court of the Court ofAppeals that the evidence, oral and documentary, is already attached to therecord, the appellant shall file seven (7) copies of his brief with the clerkof court which shall be accompanied by proof of service of two (2) copiesthereof upon the appellee. (3a)
Section 4. When brief for appellee to be filed ; reply brief of the appellant . Withinthirty (30) days from the receipt of the brief of the appellant, the appelleeshall file seven (7) copies of the brief of the appellee with the clerk ofcourt which shall be accompanied by proof of service of two (2) copies thereofupon the appellant.
Within twenty (20) days from receipt of thebrief of the appellee, the appellant may file a reply brief traversing mattersraised in the former but not covered in the brief of the appellant. (4a)
Section 5. Extension of time for filing briefs . Extension of time for the filing of briefswill not be allowed except for good and sufficient cause and only if the motionfor extension is filed before the expiration of the time sought to be extended.(5a)
Section 6. Form of briefs . Briefs shall either be printed, encoded or typewritten indouble space on the legal size good quality unglazed paper, 330 mm. in lengthby 216 mm. in width. (6a)
Section 7. Contents of brief. The briefs in criminal cases shall have thesame contents as provided in sections 13 and 14 of Rule 44. A certified truecopy of the decision or final order appealed from shall be appended to thebrief of appellant. (7a)
Section 8. Dismissal of appeal for abandonment or failureto prosecute . The Court of Appealsmay, upon motion of the appellee or motu proprio and with notice to theappellant in either case, dismiss the appeal if the appellant fails to file hisbrief within the time prescribed by this Rule, except where the appellant isrepresented by a counsel de oficio .
The Court of Appeals may also, upon motion ofthe appellee or motu proprio , dismiss the appeal if the appellantescapes from prison or confinement, jumps bail or flees to a foreign countryduring the pendency of the appeal. (8a)
Section 9. Prompt disposition of appeals . Appeals of accused who are under detentionshall be given precedence in their disposition over other appeals. The Court ofAppeals shall hear and decide the appeal at the earliest practicable time withdue regard to the rights of the parties. The accused need not be present incourt during the hearing of the appeal. (9a)
Section 10. Judgment not to be reversed or modified exceptfor substantial error . No judgment shall bereversed or modified unless the Court of Appeals, after an examination of therecord and of the evidence adduced by the parties, is of the opinion that errorwas committed which injuriously affected the substantial rights of theappellant. (10a)
Section 11. Scope of judgment . The Court of Appeals may reverse, affirm, ormodify the judgment and increase or reduce the penalty imposed by the trialcourt, remand the case to the Regional Trial Court for new trial or retrial, ordismiss the case. (11a)
Section 12. Power to receive evidence The Court of Appeals shall have the power totry cases and conduct hearings, receive evidence and perform any and all actsnecessary to resolve factual issues raised in cases (a) falling within itsoriginal jurisdiction, (b) involving claims for damages arising fromprovisional remedies, or (c) where the court grants a new trial based only onthe ground of newly-discovered evidence. (12a)
Section 13. Quorum of the court ; certification or appeal of cases to SupremeCourt . Three (3) Justices of the Court of Appeals shall constitute a quorum for the sessions of a division. The unanimous vote of the three (3) Justicesof a division shall be necessary for the pronouncement of a judgment or finalresolution, which shall be reached in consultation before the writing of theopinion by a member of the division. In the event that the three (3) Justicescan not reach a unanimous vote, the Presiding Justice shall direct the rafflecommittee of the Court to designate two (2) additional Justices to sittemporarily with them, forming a special division of five (5) members and theconcurrence of a majority of such division shall be necessary for thepronouncement of a judgment or final resolution. The designation of suchadditional Justices shall be made strictly by raffle and rotation among allother Justices of the Court of Appeals.
Whenever the Court of Appeals finds that thepenalty of death, reclusion perpetua , or life imprisonment should beimposed in a case, the court, after discussion of the evidence and the lawinvolved, shall render judgment imposing the penalty of death, reclusionperpetua , or life imprisonment as the circumstances warrant. However, itshall refrain from entering the judgment and forthwith certify the case andelevate the entire record thereof to the Supreme Court for review. (13a)
Section 14. Motion for new trial . At any time after the appeal from the lowercourt has been perfected and before the judgment of the Court of Appealsconvicting the appellant becomes final, the latter may move for a new trial onthe ground of newly-discovered evidence material to his defense. The motionshall conform with the provisions of section 4, Rule 121. (14a)
Section 15. Where new trial conducted . When a new trial is granted, the Court ofAppeals may conduct the hearing and receive evidence as provided in section 12of this Rule or refer the trial to the court of origin. (15a)
Section 16. Reconsideration . A motion for reconsideration shall be filedwithin fifteen (15) days after from notice of the decision or final order ofthe Court of Appeals, with copies served upon the adverse party, setting forththe grounds in support thereof. The mittimus shall be stayed during thependency of the motion for reconsideration. No party shall be allowed a secondmotion for reconsideration of a judgment or final order. (16a)
Section 17. Judgment transmitted and filed in trial court . When the entry of judgment of the Court ofAppeals is issued, a certified true copy of the judgment shall be attached tothe original record which shall be remanded to the clerk of the court fromwhich the appeal was taken. (17a)
Section 18. Application of certain rules in civil tocriminal cases . The provisions of Rules42, 44 to 46 and 48 to 56 relating to procedure in the Court of Appeals and inthe Supreme Court in original and appealed civil cases shall be applied tocriminal cases insofar as they are applicable and not inconsistent with theprovisions of this Rule. (18a)
Procedure in the SupremeCourt
Section 1. Uniform procedure . Unless otherwise provided by theConstitution or by law, the procedure in the Supreme Court in original and inappealed cases shall be the same as in the Court of Appeals. (1a)
Section 2. Review of decisions of the Court of Appeals . The procedure for the review by the SupremeCourt of decisions in criminal cases rendered by the Court of Appeals shall bethe same as in civil cases. (2a)
Section 3. Decision if opinion is equally divided . When the Supreme Court en banc isequally divided in opinion or the necessary majority cannot be had on whetherto acquit the appellant, the case shall again be deliberated upon and if nodecision is reached after re-deliberation, the judgment of conviction of thelower court shall be reversed and the accused acquitted. (3a)
Search and Seizure
Section 1. Search warrant defined . A search warrant is an order in writingissued in the name of the People of the Philippines, signed by a judge anddirected to a peace officer, commanding him to search for personal propertydescribed therein and bring it before the court. (1)
Section 2. Court where application for search warrant shallbe filed . An application forsearch warrant shall be filed with the following:
a) Any court within whose territorialjurisdiction a crime was committed.
b) For compelling reasons stated in theapplication, any court within the judicial region where the crime was committedif the place of the commission of the crime is known, or any court within thejudicial region where the warrant shall be enforced.
However, if the criminal action has already beenfiled, the application shall only be made in the court where the criminalaction is pending. (n)
Section 3. Personal property to be seized . A search warrant may be issued for thesearch and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, orfruits of the offense; or
(c) Used or intended to be used as the means ofcommitting an offense. (2a)
Section 4. Requisites for issuing search warrant . A search warrant shall not issue except uponprobable cause in connection with one specific offense to be determinedpersonally by the judge after examination under oath or affirmation of thecomplainant and the witnesses he may produce, and particularly describing theplace to be searched and the things to be seized which may be anywhere in thePhilippines. (3a)
Section 5. Examination of complainant ; record . The judge must, beforeissuing the warrant, personally examine in the form of searching questions andanswers, in writing and under oath, the complainant and the witnesses he mayproduce on facts personally known to them and attach to the record their swornstatements, together with the affidavits submitted. (4a)
Section 6. Issuance and form of search warrant . If the judge is satisfied of the existenceof facts upon which the application is based or that there is probable cause tobelieve that they exist, he shall issue the warrant, which must besubstantially in the form prescribed by these Rules. (5a)
Section 7. Right to break door or window to effect search . The officer, if refused admittance to theplace of directed search after giving notice of his purpose and authority, maybreak open any outer or inner door or window of a house or any part of a houseor anything therein to execute the warrant or liberate himself or any personlawfully aiding him when unlawfully detained therein. (6)
Section 8. Search of house , room , or premise to be made inpresence of two witnesses . No search of a house, room, or any otherpremise shall be made except in the presence of the lawful occupant thereof orany member of his family or in the absence of the latter, two witnesses ofsufficient age and discretion residing in the same locality. (7a)
Section 9. Time of making search . The warrant must direct that it be served inthe day time, unless the affidavit asserts that the property is on the personor in the place ordered to be searched, in which case a direction may beinserted that it be served at any time of the day or night. (8)
Section 10. Validity of search warrant . A search warrant shall be valid for ten (10)days from its date. Thereafter it shall be void. (9a)
Section 11. Receipt for the property seized . The officer seizing property under thewarrant must give a detailed receipt for the same to the lawful occupant of thepremises in whose presence the search and seizure were made, or in the absenceof such occupant, must, in the presence of at least two witnesses of sufficientage and discretion residing in the same locality, leave a receipt in the placein which he found the seized property. (10a)
Section 12. Delivery of property and inventory thereof tocourt ; return and proceedingsthereon . (a) The officer must forthwith deliver the property seized tothe judge who issued the warrant, together with a true inventory thereof dulyverified under oath.
(b) Ten (10) days after issuance of the searchwarrant, the issuing judge shall ascertain if the return has been made, and ifnone, shall summon the person to whom the warrant was issued and require him toexplain why no return was made. If the return has been made, the judge shallascertain whether section 11 of this Rule has been complained with and shallrequire that the property seized be delivered to him. The judge shall see to itthat subsection (a) hereof has been complied with.
(c) The return on the search warrant shall befiled and kept by the custodian of the log book on search warrants who shallenter therein the date of the return, the result, and other actions of thejudge.
A violation of thissection shall constitute contempt of court.(11a)
Section 13. Search incident to lawful arrest . A person lawfully arrested may be searchedfor dangerous weapons or anything which may have been used or constitute proofin the commission of an offense without a search warrant. (12a)
Section 14. Motion to quash a search warrant or to suppressevidence ; where to file . Amotion to quash a search warrant and/or to suppress evidence obtained therebymay be filed in and acted upon only by the court where the action has beeninstituted. If no criminal action has been instituted, the motion may be filed inand resolved by the court that issued the search warrant. However, if suchcourt failed to resolve the motion and a criminal case is subsequent filed inanother court, the motion shall be resolved by the latter court. (n)
Provisional Remedies inCriminal Cases
Section 1. Availability of provisional remedies . The provisional remedies in civil actions,insofar as they are applicable, may be availed of in connection with the civilaction deemed instituted with the criminal action. (1a)
Section 2. Attachment . When the civil action is properly instituted in the criminalaction as provided in Rule 111, the offended party may have the property of theaccused attached as security for the satisfaction of any judgment that may berecovered from the accused in the following cases:
(a) When the accused is about to abscond fromthe Philippines;
(b) When the criminal action is based on a claimfor money or property embezzled or fraudulently misapplied or converted to theuse of the accused who is a public officer, officer of a corporation, attorney,factor, broker, agent, or clerk, in the course of his employment as such, or byany other person in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, ordisposed of his property, or is about to do so; and
a) Whenthe accused resides outside the Philippines. (2a)
RULES OF EVIDENCE
SECTION 1 . Evidence defined . Evidence is the means, sanctionedby these rules, of ascertaining in a judicial proceeding the truth respecting amatter of fact. (1)
Sec. 2 . Scope . The rules of evidence shall be the same in allcourts and in all trials and hearings, except as otherwise provided by law orthese rules. (2a)
Sec. 3 . Admissibility of evidence . Evidence is admissible whenit is relevant to the issue and is not excluded by the law of these rules. (3a)
Sec. 4 . Relevancy ; collateral matters . Evidence musthave such a relation to the fact in issue as to induce belief in its existenceor non-existence. Evidence on collateral matters shall not be allowed, exceptwhen it tends in any reasonable degree to establish the probability orimprobability of the fact in issue. (4a)
What Need Not Be Proved
SECTION 1 . Judicial notice, when mandatory . A court shall takejudicial notice, without the introduction of evidence, of the existence andterritorial extent of states, their political history, forms of government andsymbols of nationality, the law of nations, the admiralty and maritime courtsof the world and their seals, the political constitution and history of thePhilippines, the official acts of legislative, executive and judicialdepartments of the Philippines, the laws of nature, the measure of time, andthe geographical divisions. (1a)
Sec. 2 . Judicial notice, when discretionary . A court may takejudicial notice of matters which are of public knowledge, or are capable tounquestionable demonstration, or ought to be known to judges because of theirjudicial functions. (1a)
Sec. 3 . Judicial notice, when hearing necessary . During thetrial, the court, on its own initiative, or on request of a party, may announceits intention to take judicial notice of any matter and allow the parties to beheard thereon.
After the trial, and before judgment or on appeal, the proper court, on itsown initiative or on request of a party, may take judicial notice of any matterand allow the parties to be heard thereon if such matter is decisive of amaterial issue in the case. (n)
Sec. 4 . Judicial admissions . An admission, verbal or written, madeby the party in the course of the proceedings in the same case, does notrequire proof. The admission may be contradicted only by showing that it wasmade through palpable mistake or that no such admission was made. (2a)
Rules of Admissibility
A. Object (Real)Evidence
SECTION 1 . Object as evidence . Objects as evidence are thoseaddressed to the senses of the court. When an object is relevant to the fact inissue, it may be exhibited to, examined or viewed by the court. (1a)
Sec. 2 . Documentary evidence . Documents as evidence consist ofwriting or any material containing letters, words, numbers, figures, symbols orother modes of written expression offered as proof of their contents. (n)
1. Best EvidenceRule
Sec. 3 . Original document must be produced ; exceptions . When the subject of inquiry is the contents of a document, no evidence shall beadmissible other than the original document itself, except in the followingcases:
(a)When the original has been lost or destroyed, or cannot be produced incourt, without bad faith on the part of the offeror;
(b)When the original is in the custody or under the control of the partyagainst whom the evidence is offered, and the latter fails to produce it afterreasonable notice;
(c)When the original consists of numerous accounts or other documentswhich cannot be examined in court without great loss of time and the factsought to be established from them is only the general result of the whole; and
(d)When the original is a public record in the custody of a publicofficer or is recorded in a public office. (2a)
Sec. 4 . Original of document .
(a)The original of the document is one the contents of which are thesubject of inquiry.
(b)When a document is in two or more copies executed at or about the sametime, with identical contents, all such copies are equally regarded asoriginals.
(c)When an entry is repeated in the regular course of business, one beingcopied from another at or near the time of the transaction, all the entries arelikewise equally regarded as originals. (3a)
Sec. 5 . When original document is unavailable . When theoriginal document has been lost or destroyed, or cannot be produced in court,the offeror, upon proof of its execution or existence and the cause of itsunavailability without bad faith on his part, may prove its contents by a copy,or by a recital of its contents in some authentic document, or by the testimonyof witnesses in the order stated. (4a)
Sec. 6 . When original document is in adverse party's custody orcontrol . If the document is in the custody or under the control ofadverse party, he must have reasonable notice to produce it. If after suchnotice and after satisfactory proof of its existence, he fails to produce thedocument, secondary evidence may be presented as in the case of its loss. (5a)
Sec. 7 . Evidence admissible when original document is a public record . When the original of document is in the custody of public officer or isrecorded in a public office, its contents may be proved by a certified copyissued by the public officer in custody thereof. (2a)
Sec. 8 . Party who calls for document not bound to offer it . Aparty who calls for the production of a document and inspects the same is notobliged to offer it as evidence. (6a)
3. Parol EvidenceRule
Sec. 9 .Evidence of written agreements. When the terms of an agreementhave been reduced to writing, it is considered as containing all the terms agreedupon and there can be, between the parties and their successors in interest, noevidence of such terms other than the contents of the written agreement.
However, a party may present evidence to modify, explain or add to theterms of written agreement if he puts in issue in his pleading:
(a)An intrinsic ambiguity, mistake or imperfection in the writtenagreement;
(b)The failure of the written agreement to express the true intent andagreement of the parties thereto;
(c)The validity of the written agreement; or
(d)The existence of other terms agreed to by the parties or theirsuccessors in interest after the execution of the written agreement.
The term "agreement" includes wills. (7a)
4. InterpretationOf Documents
Sec. 10 . Interpretation of a writing according to its legal meaning . The language of a writing is to be interpreted according to the legal meaningit bears in the place of its execution, unless the parties intended otherwise.(8)
Sec. 11 . Instrument construed so as to give effect to all provisions . In the construction of an instrument, where there are several provisions orparticulars, such a construction is, if possible, to be adopted as will giveeffect to all. (9)
Sec. 12 . Interpretation according to intention ; general and particularprovisions . In the construction of an instrument, the intention of theparties is to be pursued; and when a general and a particular provision areinconsistent, the latter is paramount to the former. So a particular intentwill control a general one that is inconsistent with it. (10)
Sec. 13 . Interpretation according to circumstances . For theproper construction of an instrument, the circumstances under which it wasmade, including the situation of the subject thereof and of the parties to it,may be shown, so that the judge may be placed in the position of those wholanguage he is to interpret. (11)
Sec. 14 . Peculiar signification of terms . The terms of awriting are presumed to have been used in their primary and generalacceptation, but evidence is admissible to show that they have a local,technical, or otherwise peculiar signification, and were so used and understoodin the particular instance, in which case the agreement must be construedaccordingly. (12)
Sec. 15 . Written words control printed . When an instrumentconsists partly of written words and partly of a printed form, and the two areinconsistent, the former controls the latter. (13)
Sec. 16 . Experts and interpreters to be used in explaining certainwritings . When the characters in which an instrument is written aredifficult to be deciphered, or the language is not understood by the court, theevidence of persons skilled in deciphering the characters, or who understandthe language, is admissible to declare the characters or the meaning of thelanguage. (14)
Sec. 17 . Of Two constructions, which preferred . When the termsof an agreement have been intended in a different sense by the differentparties to it, that sense is to prevail against either party in which he supposedthe other understood it, and when different constructions of a provision areotherwise equally proper, that is to be taken which is the most favorable tothe party in whose favor the provision was made. (15)
Sec. 18 . Construction in favor of natural right . When aninstrument is equally susceptible of two interpretations, one in favor ofnatural right and the other against it, the former is to be adopted. (16)
Sec. 19 . Interpretation according to usage . An instrument may beconstrued according to usage, in order to determine its true character. (17)
1. QualificationOf Witnesses
Sec. 20 . Witnesses ; their qualifications . Except asprovided in the next succeeding section, all persons who can perceive, andperceiving, can make their known perception to others, may be witnesses.
Religious or political belief, interest in the outcome of the case, orconviction of a crime unless otherwise provided by law, shall not be ground fordisqualification. (18a)
Sec. 21 . Disqualification by reason of mental incapacity orimmaturity . The following persons cannot be witnesses:
(a)Those whose mental condition, at the time of their production forexamination, is such that they are incapable of intelligently making knowntheir perception to others;
(b)Children whose mental maturity is such as to render them incapable ofperceiving the facts respecting which they are examined and of relating themtruthfully. (19a)
Sec. 22 . Disqualification by reason of marriage . During their marriage, neither the husband nor the wife may testify for oragainst the other without the consent of the affected spouse, except in a civilcase by one against the other, or in a criminal case for a crime committed byone against the other or the latter's direct descendants or ascendants. (20a)
Sec. 23 . Disqualification by reason of death or insanity of adverseparty . Parties or assignor of parties to a case, or persons in whosebehalf a case is prosecuted, against an executor or administrator or otherrepresentative of a deceased person, or against a person of unsound mind, upona claim or demand against the estate of such deceased person or against such personof unsound mind, cannot testify as to any matter of fact occurring before thedeath of such deceased person or before such person became of unsound mind.(20a)
Sec. 24 . Disqualification by reason of privileged communication . The following persons cannot testify as to matters learned in confidence inthe following cases:
(a)The husband or the wife, during or after the marriage, cannot beexamined without the consent of the other as to any communication received inconfidence by one from the other during the marriage except in a civil case byone against the other, or in a criminal case for a crime committed by oneagainst the other or the latter's direct descendants or ascendants;
(b)An attorney cannot, without the consent of his client, be examined asto any communication made by the client to him, or his advice given thereon inthe course of, or with a view to, professional employment, nor can anattorney's secretary, stenographer, or clerk be examined, without the consentof the client and his employer, concerning any fact the knowledge of which hasbeen acquired in such capacity;
(c)A person authorized to practice medicine, surgery or obstetrics cannotin a civil case, without the consent of the patient, be examined as to anyadvice or treatment given by him or any information which he may have acquiredin attending such patient in a professional capacity, which information wasnecessary to enable him to act in capacity, and which would blacken thereputation of the patient;
(d)A minister or priest cannot, without the consent of the person makingthe confession, be examined as to any confession made to or any advice given byhim in his professional character in the course of discipline enjoined by thechurch to which the minister or priest belongs;
(e)A public officer cannot be examined during his term of office orafterwards, as to communications made to him in official confidence, when thecourt finds that the public interest would suffer by the disclosure. (21a)
Sec. 25 . Parental and filial privilege . No person may becompelled to testify against his parents, other direct ascendants, children orother direct descendants. (20a)
3. Admissions AndConfessions
Sec. 26 . Admission of a party . The act, declaration or omissionof a party as to a relevant fact may be given in evidence against him. (22)
Sec. 27 . Offer of compromise not admissible . In civil cases, anoffer of compromise is not an admission of any liability, and is not admissiblein evidence against the offeror.
In criminal cases, except those involving quasi-offenses (criminalnegligence) or those allowed by law to be compromised, an offer of compromisedby the accused may be received in evidence as an implied admission of guilt.
A plea of guilty later withdrawn, or an unaccepted offer of a plea ofguilty to lesser offense, is not admissible in evidence against the accused whomade the plea or offer.
An offer to pay or the payment of medical, hospital or other expensesoccasioned by an injury is not admissible in evidence as proof of civil orcriminal liability for the injury. (24a)
Sec. 28 . Admission by third party . The rights of a party cannotbe prejudiced by an act, declaration, or omission of another, except as hereinafterprovided. (25a)
Sec. 29 . Admission by co-partner or agent . The act ordeclaration of a partner or agent of the party within the scope of hisauthority and during the existence of the partnership or agency, may be givenin evidence against such party after the partnership or agency is shown byevidence other than such act or declaration. The same rule applies to the actor declaration of a joint owner, joint debtor, or other person jointlyinterested with the party. (26a)
Sec. 30 . Admission by conspirator . The act or declaration of aconspirator relating to the conspiracy and during its existence, may be givenin evidence against the co-conspirator after the conspiracy is shown byevidence other than such act of declaration. (27)
Sec. 31 . Admission by privies . Where one derives title toproperty from another, the act, declaration, or omission of the latter, whileholding the title, in relation to the property, is evidence against the former.(28)
Sec. 32 . Admission by silence . An act or declaration made inthe presence and within the hearing or observation of a party who does or saysnothing when the act or declaration is such as naturally to call for action orcomment if not true, and when proper and possible for him to do so, may be givenin evidence against him. (23a)
Sec. 33 . Confession . The declaration of an accusedacknowledging his guilt of the offense charged, or of any offense necessarilyincluded therein, may be given in evidence against him. (29a)
4. PreviousConduct As Evidence
Sec. 34 . Similar acts as evidence . Evidence that one did or didnot do a certain thing at one time is not admissible to prove that he did ordid not do the same or similar thing at another time; but it may be received toprove a specific intent or knowledge; identity, plan, system, scheme, habit,custom or usage, and the like. (48a)
Sec. 35 . Unaccepted offer . An offer in writing to pay aparticular sum of money or to deliver a written instrument or specific personalproperty is, if rejected without valid cause, equivalent to the actualproduction and tender of the money, instrument, or property. (49a)
Sec. 36 . Testimony generally confined to personal knowledge ; hearsayexcluded . A witness can testify only to those facts which he knows of hispersonal knowledge; that is, which are derived from his own perception, exceptas otherwise provided in these rules. (30a)
6. Exceptions ToThe Hearsay Rule
Sec. 37 . Dying declaration . The declaration of a dying person,made under
the consciousness of an impending death, may be received in any casewherein his death is the subject of inquiry, as evidence of the cause andsurrounding circumstances of such death. (31a)
Sec. 38 . Declaration against interest . The declaration made bya person deceased, or unable to testify, against the interest of the declarant,if the fact is asserted in the declaration was at the time it was made so farcontrary to declarant's own interest, that a reasonable man in his positionwould not have made the declaration unless he believed it to be true, may bereceived in evidence against himself or his successors in interest and againstthird persons. (32a)
Sec. 39 . Act or declaration about pedigree . The act ordeclaration of a person deceased, or unable to testify, in respect to thepedigree of another person related to him by birth or marriage, may be receivedin evidence where it occurred before the controversy, and the relationshipbetween the two persons is shown by evidence other than such act ordeclaration. The word "pedigree" includes relationship, familygenealogy, birth, marriage, death, the dates when and the places where thesefast occurred, and the names of the relatives. It embraces also facts of familyhistory intimately connected with pedigree. (33a)
Sec. 40 . Family reputation or tradition regarding pedigree . Thereputation or tradition existing in a family previous to the controversy, inrespect to the pedigree of any one of its members, may be received in evidenceif the witness testifying thereon be also a member of the family, either byconsanguinity or affinity. Entries in family bibles or other family books orcharts, engravings on rings, family portraits and the like, may be received asevidence of pedigree. (34a)
Sec. 41 . Common reputation . Common reputation existing previousto the controversy, respecting facts of public or general interest more thanthirty years old, or respecting marriage or moral character, may be given inevidence. Monuments and inscriptions in public places may be received as evidenceof common reputation. (35)
Sec. 42 . Part of res gestae . Statements made by a person whilea starting occurrence is taking place or immediately prior or subsequentthereto with respect to the circumstances thereof, may be given in evidence aspart of res gestae . So, also, statements accompanying an equivocal actmaterial to the issue, and giving it a legal significance, may be received aspart of the res gestae . (36a)
Sec. 43 . Entries in the course of business . Entries made at, ornear the time of transactions to which they refer, by a person deceased, orunable to testify, who was in a position to know the facts therein stated, maybe received as prima facie evidence, if such person made the entries inhis professional capacity or in the performance of duty and in the ordinary orregular course of business or duty. (37a)
Sec. 44 . Entries in official records . Entries in officialrecords made in the performance of his duty by a public officer of thePhilippines, or by a person in the performance of a duty specially enjoined bylaw, are prima facie evidence of the facts therein stated. (38)
Sec. 45 . Commercial lists and the like . Evidence of statementsof matters of interest to persons engaged in an occupation contained in a list,register, periodical, or other published compilation is admissible as tendingto prove the truth of any relevant matter so stated if that compilation ispublished for use by persons engaged in that occupation and is generally usedand relied upon by them therein. (39)
Sec. 46 . Learned treatises . A published treatise, periodical orpamphlet on a subject of history, law, science, or art is admissible as tendingto prove the truth of a matter stated therein if the court takes judicialnotice, or a witness expert in the subject testifies, that the writer of thestatement in the treatise, periodical or pamphlet is recognized in hisprofession or calling as expert in the subject. (40a)
Sec. 47 . Testimony or deposition at a former proceeding . Thetestimony or deposition of a witness deceased or unable to testify, given in aformer case or proceeding, judicial or administrative, involving the sameparties and subject matter, may be given in evidence against the adverse partywho had the opportunity to cross-examine him. (41a)
7. Opinion Rule
Sec. 48 . General rule . The opinion of witness is notadmissible, except as indicated in the following sections. (42)
Sec. 49 . Opinion of expert witness . The opinion of a witness ona matter requiring special knowledge, skill, experience or training which heshown to possess, may be received in evidence. (43a)
Sec. 50 . Opinion of ordinary witnesses . The opinion of awitness for which proper basis is given, may be received in evidence regarding
(a)the identity of a person about whom he has adequate knowledge;
(b)A handwriting with which he has sufficient familiarity; and
(c)The mental sanity of a person with whom he is sufficiently acquainted.
The witness may also testify on his impressions of the emotion, behavior,condition or appearance of a person. (44a)
Sec. 51 . Character evidence not generally admissible ; exceptions :
(a)In Criminal Cases:
(1)The accused may prove his good moral character which is pertinent tothe moral trait involved in the offense charged.
(2)Unless in rebuttal, the prosecution may not prove his bad moralcharacter which is pertinent to the moral trait involved in the offensecharged.
(3)The good or bad moral character of the offended party may be proved ifit tends to establish in any reasonable degree the probability or improbabilityof the offense charged.
(b)In Civil Cases:
Evidence of the moral character of a party in civil case is admissibleonly when pertinent to the issue of character involved in the case.
(c)In the case provided for in Rule 132, Section 14, (46a, 47a)
Burden of Proof andPresumptions
SECTION 1 . Burden of proof. Burden of proof is the duty of aparty to present evidence on the facts in issue necessary to establish hisclaim or defense by the amount of evidence required by law. (1a, 2a)
Sec. 2 . Conclusive presumptions . The following are instances ofconclusive presumptions:
(a)Whenever a party has, by his own declaration, act, or omission,intentionally and deliberately led to another to believe a particular thingtrue, and to act upon such belief, he cannot, in any litigation arising out ofsuch declaration, act or omission, be permitted to falsify it:
(b)The tenant is not permitted to deny the title of his landlord at thetime of commencement of the relation of landlord and tenant between them. (3a)
Sec. 3 . Disputable presumptions . The following presumptions aresatisfactory if uncontradicted, but may be contradicted and overcome by otherevidence:
(a)That a person is innocent of crime or wrong;
(b)That an unlawful act was done with an unlawful intent;
(c)That a person intends the ordinary consequences of his voluntary act;
(d)That a person takes ordinary care of his concerns;
(e)That evidence willfully suppressed would be adverse if produced;
(f)That money paid by one to another was due to the latter;
(g)That a thing delivered by one to another belonged to the latter;
(h)That an obligation delivered up to the debtor has been paid;
(i)That prior rents or installments had been paid when a receipt for thelater one is produced;
(j)That a person found in possession of a thing taken in the doing of arecent wrongful act is the taker and the doer of the whole act; otherwise, thatthings which a person possess, or exercises acts of ownership over, are ownedby him;
(k)That a person in possession of an order on himself for the payment ofthe money, or the delivery of anything, has paid the money or delivered thething accordingly;
(l)That a person acting in a public office was regularly appointed orelected to it;
(m)That official duty has been regularly performed;
(n)That a court, or judge acting as such, whether in the Philippines orelsewhere, was acting in the lawful exercise of jurisdiction;
(o)That all the matters within an issue raised in a case were laid beforethe court and passed upon by it; and in like manner that all matters within anissue raised in a dispute submitted for arbitration were laid before thearbitrators and passed upon by them;
(p)That private transactions have been fair and regular;
(q)That the ordinary course of business has been followed;
(r)That there was a sufficient consideration for a contract;
(s)That a negotiable instrument was given or indorsed for a sufficientconsideration;
(t)That an endorsement of negotiable instrument was made before theinstrument was overdue and at the place where the instrument is dated;
(u)That a writing is truly dated;
(v)That a letter duly directed and mailed was received in the regularcourse of the mail;
(w)That after an absence of seven years, it being unknown whether or notthe absentee still lives, he is considered dead for all purposes, except forthose of succession.
The absentee shall not be considered dead for the purpose of opening hissuccession till after an absence of ten years. If he disappeared after the ageof seventy-five years, an absence of five years shall be sufficient in orderthat his succession may be opened.
The following shall be considered dead for all purposes including thedivision of the estate among the heirs:
(1)A person on board a vessel lost during a seavoyage, or an aircraft with is missing, who has not been heard of for fouryears since the loss of the vessel or aircraft;
(2)A member of the armed forces who has taken partin armed hostilities, and has been missing for four years;
(3)A person who has been in danger of death underother circumstances and whose existence has not been known for four years;
(4)If a married person has been absent for fourconsecutive years, the spouse present may contract a subsequent marriage if heor she has well-founded belief that the absent spouse is already death. In caseof disappearance, where there is a danger of death the circumstanceshereinabove provided, an absence of only two years shall be sufficient for thepurpose of contracting a subsequent marriage. However, in any case, beforemarrying again, the spouse present must institute a summary proceedings asprovided in the Family Code andin the rules for declaration of presumptive death of the absentee, withoutprejudice to the effect of reappearance of the absent spouse.
(x)That acquiescence resulted from a belief that the thing acquiesced inwas conformable to the law or fact;
(y)That things have happened according to the ordinary course of natureand ordinary nature habits of life;
(z)That persons acting as copartners have entered into a contract ofcopartnership;
(aa)That a man and woman deporting themselves ashusband and wife have entered into a lawful contract of marriage;
(bb)That property acquired by a man and a woman whoare capacitated to marry each other and who live exclusively with each other ashusband and wife without the benefit of marriage or under void marriage, hasbeen obtained by their joint efforts, work or industry.
(cc)That in cases of cohabitation by a man and awoman who are not capacitated to marry each other and who have acquire properlythrough their actual joint contribution of money, property or industry, suchcontributions and their corresponding shares including joint deposits of moneyand evidences of credit are equal.
(dd)That if the marriage is terminated and themother contracted another marriage within three hundred days after suchtermination of the former marriage, these rules shall govern in the absence ofproof to the contrary:
(1)A child born before one hundred eighty days afterthe solemnization of the subsequent marriage is considered to have beenconceived during such marriage, even though it be born within the three hundreddays after the termination of the former marriage.
(2)A child born after one hundred eighty days followingthe celebration of the subsequent marriage is considered to have been conceivedduring such marriage, even though it be born within the three hundred daysafter the termination of the former marriage.
(ee)That a thing once proved to exist continues aslong as is usual with things of the nature;
(ff)That the law has been obeyed;
(gg)That a printed or published book, purporting tobe printed or published by public authority, was so printed or published;
(hh)That a printed or published book, purportingcontain reports of cases adjudged in tribunals of the country where the book ispublished, contains correct reports of such cases;
(ii)That a trustee or other person whose duty it wasto convey real property to a particular person has actually conveyed it to himwhen such presumption is necessary to perfect the title of such person or hissuccessor in interest;
(jj)That except for purposes of succession, when twopersons perish in the same calamity, such as wreck, battle, or conflagration,and it is not shown who died first, and there are no particular circumstancesfrom which it can be inferred, the survivorship is determined from theprobabilities resulting from the strength and the age of the sexes, accordingto the following rules:
1.If both were under the age of fifteen years, theolder is deemed to have survived;
2.If both were above the age sixty, the younger isdeemed to have survived;
3.If one is under fifteen and the other above sixty,the former is deemed to have survived;
4.If both be over fifteen and under sixty, and thesex be different, the male is deemed to have survived, if the sex be the same,the older;
5.If one be under fifteen or over sixty, and theother between those ages, the latter is deemed to have survived.
(kk)That if there is a doubt, as between two or morepersons who are called to succeed each other, as to which of them died first,whoever alleges the death of one prior to the other, shall prove the same; inthe absence of proof, they shall be considered to have died at the same time.(5a)
Sec. 4 . No presumption of legitimacy or illegitimacy . There isno presumption of legitimacy of a child born after three hundred days followingthe dissolution of the marriage or the separation of the spouses. Whoeveralleges the legitimacy or illegitimacy of such child must prove his allegation.(6)
Presentation of Evidence
A. Examination Of Witnesses
SECTION 1 . Examination to be done in open court . Theexamination of witnesses presented in a trial or hearing shall be done in opencourt, and under oath or affirmation. Unless the witness is incapacitated tospeak, or the questions calls for a different mode of answer, the answers ofthe witness shall be given orally. (1a)
Sec.2 . Proceedings to be recorded . The entire proceedings of atrial or hearing, including the questions propounded to a witness and hisanswers thereto, the statements made by the judge or any of the parties,counsel, or witnesses with reference to the case, shall be recorded by means ofshorthand or stenotype or by other means of recording found suitable by thecourt.
A transcript of the record of the proceedings made by the officialstenographer, stenotypist or recorder and certified as correct by him shall bedeemed prima facie a correct statement of such proceedings. (2a)
Sec. 3 . Rights and obligations of a witness . A witness mustanswer questions, although his answer may tend to establish a claim againsthim. However, it is the right of a witness:
1) To be protected from irrelevant, improper, or insulting questions, andfrom harsh or insulting demeanor;
2) Not to be detained longer than the interests of justice require;
3) Not to be examined except only as to matters pertinent to the issue;
4) Not to give an answer which will tend to subject him to a penalty for anoffense unless otherwise provided by law; or
5) Not to give an answer which will tend to degrade his reputation, unlessit to be the very fact at issue or to a fact from which the fact in issue wouldbe presumed. But a witness must answer to the fact of his previous finalconviction for an offense.
Sec. 4 . Order in the examination of an individual witness . Theorder in which the individual witness may be examined is as follows;
(a) Direct examination by the proponent;
(b) Cross-examinationby the opponent;
(c) Re-directexamination by the proponent;
(d) Re-cross-examinationby the opponent.
Sec. 5 . Direct examination . Direct examination is theexamination-in-chief of a witness by the party presenting him on the factsrelevant to the issue. (5a)
Sec. 6 . Cross-examination; its purpose and extent . Upon thetermination of the direct examination, the witness may be cross-examined by theadverse party as to many matters stated in the direct examination, or connectedtherewith, with sufficient fullness and freedom to test his accuracy andtruthfulness and freedom from interest or bias, or the reverse, and to elicitall important facts bearing upon the issue. (8a)
Sec. 7 . Re-direct examination; its purpose and extent . Afterthe cross-examination of the witness has been concluded, he may be re-examinedby the party calling him, to explain or supplement his answers given during thecross-examination. On re-direct-examination, questions on matters not dealtwith during the cross-examination, may be allowed by the court in itsdiscretion. (12)
Sec. 8 . Re-cross-examination . Upon the conclusion of there-direct examination, the adverse party may re-cross-examine the witness onmatters stated in his re-direct examination, and also on such other matters asmay be allowed by the court in its discretion. (13)
Sec. 9 . Recalling witness . After the examination of awitness by both sides has been concluded, the witness cannot be recalledwithout leave of the court. The court will grant or withhold leave in itsdiscretion, as the interests of justice may require. (14)
Sec. 10 . Leading and misleading questions . A question whichsuggests to the witness the answer which the examining party desires is aleading question. It is not allowed, except:
(a)On cross examination;
(b)On preliminary matters;
(c)When there is a difficulty is getting direct and intelligible answersfrom a witness who is ignorant, or a child of tender years, or is of feeblemind, or a deaf-mute;
(d)Of an unwilling or hostile witness; or
(e)Of a witness who is an adverse party or an officer, director, ormanaging agent of a public or private corporation or of a partnership orassociation which is an adverse party.
A misleading question is one which assumes as true a fact not yettestified to by the witness, or contrary to that which he has previouslystated. It is not allowed. (5a, 6a, and 8a)
Sec. 11 . Impeachment of adverse party's witness . Awitness may be impeached by the party against whom he was called, bycontradictory evidence, by evidence that his general reputation for truth,honestly, or integrity is bad, or by evidence that he has made at other timesstatements inconsistent with his present, testimony, but not by evidence ofparticular wrongful acts, except that it may be shown by the examination of thewitness, or the record of the judgment, that he has been convicted of anoffense. (15)
Sec. 12 . Party may not impeach his own witness . Exceptwith respect to witnesses referred to in paragraphs (d) and (e) of Section 10,the party producing a witness is not allowed to impeach his credibility.
A witness may be considered as unwilling or hostile only if so declaredby the court upon adequate showing of his adverse interest, unjustifiedreluctance to testify, or his having misled the party into calling him to thewitness stand.
The unwilling or hostile witness so declared, or the witness who is anadverse party, may be impeached by the party presenting him in all respects asif he had been called by the adverse party, except by evidence of his badcharacter. He may also be impeached and cross-examined by the adverse party,but such cross-examination must only be on the subject matter of hisexamination-in-chief. (6a, 7a)
Sec. 13 . How witness impeached by evidence of inconsistent statements . Before a witness can be impeached by evidence that he has made atother times statements inconsistent with his present testimony, the statementsmust be related to him, with the circumstances of the times and places and thepersons present, and he must be asked whether he made such statements, and ifso, allowed to explain them. If the statements be in writing they must be shownto the witness before any question is put to him concerning them. (16)
Sec. 14 . Evidence of good character of witness . Evidenceof the good character of a witness is not admissible until such character hasbeen impeached. (17)
Sec. 15 . Exclusion and separation of witnesses . On anytrial or hearing, the judge may exclude from the court any witness not at thetime under examination, so that he may not hear the testimony of otherwitnesses. The judge may also cause witnesses to be kept separate and to beprevented from conversing with one another until all shall have been examined.(18)
Sec. 16 . When witness may refer to memorandum . A witnessmay be allowed to refresh his memory respecting a fact, by anything written orrecorded by himself or under his direction at the time when the fact occurred,or immediately thereafter, or at any other time when the fact was fresh in hismemory and knew that the same was correctly written or recorded; but in suchcase the writing or record must be produced and may be inspected by the adverseparty, who may, if he chooses, cross examine the witness upon it, and may readit in evidence. So, also, a witness may testify from such writing or record,though he retain no recollection of the particular facts, if he is able toswear that the writing or record correctly stated the transaction when made;but such evidence must be received with caution. (10a)
Sec. 17 . When part of transaction, writing or record given inevidence, the remainder, the remainder admissible . When part of anact, declaration, conversation, writing or record is given in evidence by oneparty, the whole of the same subject may be inquired into by the other, andwhen a detached act, declaration, conversation, writing or record is given inevidence, any other act, declaration, conversation, writing or record necessaryto its understanding may also be given in evidence. (11a)
Sec. 18 . Right to respect writing shown to witness . Whenevera writing is shown to a witness, it may be inspected by the adverse party. (9a)
B. AuthenticationAnd Proof Of Documents
Sec. 19 . Classes of Documents . For the purpose of theirpresentation evidence, documents are either public or private.
Public documents are:
(a)The written official acts, or records of the official acts of thesovereign authority, official bodies and tribunals, and public officers,whether of the Philippines, or of a foreign country;
(b)Documents acknowledge before a notary public except last wills andtestaments; and
(c)Public records, kept in the Philippines, of private documents requiredby law to the entered therein.
All other writings are private. (20a)
Sec. 20 . Proof of private document . Before any privatedocument offered as authentic is received in evidence, its due execution andauthenticity must be proved either:
(a)By anyone who saw the document executed or written; or
(b)By evidence of the genuineness of the signature or handwriting of themaker.
Any other private document need only be identified as that which it isclaimed to be. (21a)
Sec. 21 . When evidence of authenticity of private document notnecessary . Where a private document is more than thirty years old,is produced from the custody in which it would naturally be found if genuine,and is unblemished by any alterations or circumstances of suspicion, no otherevidence of its authenticity need be given. (22a)
Sec. 22 . How genuineness of handwriting proved . The handwritingof a person may be proved by any witness who believes it to be the handwritingof such person because he has seen the person write, or has seen writingpurporting to be his upon which the witness has acted or been charged, and hasthus acquired knowledge of the handwriting of such person. Evidence respectingthe handwriting may also be given by a comparison, made by the witness or thecourt, with writings admitted or treated as genuine by the party against whomthe evidence is offered, or proved to be genuine to the satisfaction of thejudge. (23a)
Sec. 23 . Public documents as evidence . Documentsconsisting of entries in public records made in the performance of a duty by apublic officer are prima facie evidence of the facts therein stated. Allother public documents are evidence, even against a third person, of the factwhich gave rise to their execution and of the date of the latter. (24a)
Sec. 24 . Proof of official record . The record of publicdocuments referred to in paragraph (a) of Section 19, when admissible for anypurpose, may be evidenced by an official publication thereof or by a copyattested by the officer having the legal custody of the record, or by hisdeputy, and accompanied, if the record is not kept in the Philippines, with acertificate that such officer has the custody. If the office in which therecord is kept is in foreign country, the certificate may be made by asecretary of the embassy or legation, consul general, consul, vice consul, orconsular agent or by any officer in the foreign service of the Philippines stationedin the foreign country in which the record is kept, and authenticated by theseal of his office. (25a)
Sec. 25 . What attestation of copy must state . Whenever acopy of a document or record is attested for the purpose of evidence, theattestation must state, in substance, that the copy is a correct copy of theoriginal, or a specific part thereof, as the case may be. The attestation mustbe under the official seal of the attesting officer, if there be any, or if hebe the clerk of a court having a seal, under the seal of such court. (26a)
Sec. 26 . Irremovability of public record . Any publicrecord, an official copy of which is admissible in evidence, must not beremoved from the office in which it is kept, except upon order of a court wherethe inspection of the record is essential to the just determination of apending case. (27a)
Sec. 27 . Public record of a private document . Anauthorized public record of a private document may be proved by the originalrecord, or by a copy thereof, attested by the legal custodian of the record,with an appropriate certificate that such officer has the custody. (28a)
Sec. 28 . Proof of lack of record . A written statementsigned by an officer having the custody of an official record or by his deputythat after diligent search no record or entry of a specified tenor is found toexist in the records of his office, accompanied by a certificate as aboveprovided, is admissible as evidence that the records of his office contain nosuch record or entry. (29)
Sec. 29 . How judicial record impeached . Any judicialrecord may be impeached by evidence of: (a) want of jurisdiction in the courtor judicial officer, (b) collusion between the parties, or (c) fraud in theparty offering the record, in respect to the proceedings. (30a)
Sec. 30 . Proof of notarial documents . Every instrumentduly acknowledged or proved and certified as provided by law, may be presentedin evidence without further proof, the certificate of acknowledgment beingprima facie evidence of the execution of the instrument or documentinvolved. (31a)
Sec. 31 . Alteration in document, how to explain . Theparty producing a document as genuine which has been altered and appears tohave been altered after its execution, in a part material to the question indispute, must account for the alteration. He may show that the alteration wasmade by another, without his concurrence, or was made with the consent of theparties affected by it, or was otherwise properly or innocent made, or that thealteration did not change the meaning or language of the instrument. If hefails to do that, the document shall not be admissible in evidence. (32a)
Sec. 32 . Seal . There shall be no difference betweensealed and unsealed private documents insofar as their admissibility asevidence is concerned. (33a)
Sec. 33 . Documentary evidence in an unofficial language . Documentswritten in an unofficial language shall not be admitted as evidence, unlessaccompanied with a translation into English or Filipino. To avoid interruptionof proceedings, parties or their attorneys are directed to have suchtranslation prepared before trial. (34a)
C. Offer AndObjection
Sec. 34 . Offer of evidence . The court shall consider noevidence which has not been formally offered. The purpose for which theevidence is offered must be specified. (35)
Sec. 35 . When to make offer . As regards the testimony ofa witness, the offer must be made at the time the witness is called to testify.
Documentary and object evidence shall be offered after the presentationof a party's testimonial evidence. Such offer shall be done orally unless allowedby the court to be done in writing. (n)
Sec. 36 . Objection . Objection to evidence offered orallymust be made immediately after the offer is made.
Objection to a question propounded in the course of the oral examinationof a witness shall be made as soon as the grounds therefor shall becomereasonably apparent.
An offer of evidence in writing shall be objected to within three (3)days after notice of the unless a different period is allowed by the court.
In any case, the grounds for the objections must be specified. (36a)
Sec. 37 . When repetition of objection unnecessary . Whenit becomes reasonably apparent in the course of the examination of a witnessthat the question being propounded are of the same class as those to whichobjection has been made, whether such objection was sustained or overruled, itshall not be necessary to repeat the objection, it being sufficient for theadverse party to record his continuing objection to such class of questions.(37a)
Sec. 38 . Ruling . The ruling of the court must be givenimmediately after the objection is made, unless the court desires to take areasonable time to inform itself on the question presented; but the rulingshall always be made during the trial and at such time as will give the partyagainst whom it is made an opportunity to meet the situation presented by theruling.
The reason for sustaining or overruling an objection need not be stated.However, if the objection is based on two or more grounds, a ruling sustainingthe objection on one or some of them must specify the ground or grounds reliedupon. (38a)
Sec. 39 . Striking out answer . Should a witness answerthe question before the adverse party had the opportunity to voice fully itsobjection to the same, and such objection is found to be meritorious, the courtshall sustain the objection and order the answer given to be stricken off therecord.
On proper motion, the court may also order the striking out of answerswhich are incompetent, irrelevant, or otherwise improper. (n)
Sec. 40 . Tender of excluded evidence . If documents orthings offered in evidence are excluded by the court, the offeror may have thesame attached to or made part of the record. If the evidence excluded is oral,the offeror may state for the record the name and other personal circumstancesof the witness and the substance of the proposed testimony. (n)
Weight and Sufficiency ofEvidence
SECTION 1 . Preponderance of evidence, how determined . Incivil cases, the party having burden of proof must establish his case by apreponderance of evidence. In determining where the preponderance or superiorweight of evidence on the issues involved lies, the court may consider all thefacts and circumstances of the case, the witnesses' manner of testifying, theirintelligence, their means and opportunity of knowing the facts to which thereare testifying, the nature of the facts to which they testify, the probabilityor improbability of their testimony, their interest or want of interest, andalso their personal credibility so far as the same may legitimately appear uponthe trial. The court may also consider the number of witnesses, though thepreponderance is not necessarily with the greater number. (1a)
Sec. 2 . Proof beyond reasonable doubt . In a criminalcase, the accused is entitled to an acquittal, unless his guilt is shown beyondreasonable doubt. Proof beyond reasonable doubt does not mean such a degree ofproof, excluding possibility of error, produces absolute certainly. Moralcertainly only is required, or that degree of proof which produces convictionin an unprejudiced mind. (2a)
Sec. 3 . Extrajudicial confession, not sufficient ground forconviction . An extrajudicial confession made by an accused, shallnot be sufficient ground for conviction, unless corroborated by evidence of corpusdelicti . (3)
Sec. 4 . Circumstantial evidence, when sufficient . Circumstantialevidence is sufficient for conviction if:
(a)There is more than one circumstances;
(b)The facts from which the inferences are derived are proven; and
(c)The combination of all the circumstances is such as to produce aconviction beyond reasonable doubt. (5)
Sec. 5 . Substantial evidence . In cases filed beforeadministrative or quasi-judicial bodies, a fact may be deemed established if itis supported by substantial evidence, or that amount of relevant evidence whicha reasonable mind might accept as adequate to justify a conclusion. (n)
Sec. 6 . Power of the court to stop further evidence . Thecourt may stop the introduction of further testimony upon any particular pointwhen the evidence upon it is already so full that more witnesses to the samepoint cannot be reasonably expected to be additionally persuasive. But thispower should be exercised with caution. (6)
Sec. 7 . Evidence on motion . When a motion is based onfacts not appearing of record the court may hear the matter on affidavits ordepositions presented by the respective parties, but the court may direct thatthe matter be heard wholly or partly on oral testimony or depositions. (7)
RULE 134 Perpetuation of Testimony
SECTION 1 . Petition . A person who desires to perpetuatehis own testimony or that of another person regarding any matter that may becognizable in any court of the Philippines, any file a verified petition in thecourt of the province of the residence of any expected adverse party.
Sec. 2 . Contents of petition . The petition shall beentitled in the name of the petitioner and shall show: (a) that the petitionerexpects to be a party to an action in a court of the Philippines by ispresently unable to bring it or cause it to be brought; (b) the subject matterof the expected action and his interest therein; (c) the facts which he desiresto establish by the proposed testimony and his reasons for desiring toperpetuate it; (d) the names of a description of the persons he expects will beadverse parties and their addresses so far as known; and (e) the names andaddresses of the persons to be examined and the substance of the testimonywhich he expects to elicit from each, and shall ask for an order authorizingthe petitioner to take the depositions of the persons to be examined named inthe petition for the purpose of perpetuating their testimony.
Sec. 3 . Notice and service . The petitioner shall thereafterserve a notice upon each person named in the petition as an expected adverseparty, together with a copy of a petition, stating that the petitioner willapply to the court, at a time and place named therein, for the order describedin the petition. At least twenty (20) days before the date of hearing thenotice shall be served in the manner provided for service of summons.
Sec. 4 . Order of examination . If the court is satisfied thatthe perpetuation of the testimony may prevent a failure or delay of justice, itshall make an order designating or describing the persons whose deposition maybe taken and specifying the subject matter of the examination, and whether thedepositions shall be taken upon oral examination or written interrogatories.The depositions may then be taken in accordance with Rule 24 before thehearing.
Sec. 5 . Reference to court . For the purpose of applying Rule 24to depositions for perpetuating testimony, each reference therein to the courtin which the action is pending shall be deemed to refer to the court in whichthe petition for such deposition was filed.
Sec. 6 . Use of deposition . If a deposition to perpetuatetestimony is taken under this rule, or if, although not so taken, it would beadmissible in evidence, it may be used in any action involving the same subjectmatter subsequently brought in accordance with the provisions of Sections 4 and5 of Rule 24.
Sec. 7 . Depositions pending appeal . If an appeal has been takenfrom a judgment of the Regional Trial Court or before the taking of an appealif the time therefor has not expired, the Regional Trial Court in which thejudgment was rendered may allow the taking of depositions of witnesses toperpetuate their testimony for use in the event of further proceedings in thesaid court. In such case the party who desires to perpetuate the testimony maymake a motion in the said Regional Trial Court for leave to take thedepositions, upon the same notice and service thereof as if the action waspending therein. The motion shall show (a) the name and the addresses of thepersons to be examined and the substance of the testimony which he expects toelicit from each; and (b) the reason for perpetuating their testimony. If thecourt finds that the perpetuation of the testimony is proper to avoid a failureor delay of justice, it may make an order allowing the depositions to be taken,and thereupon the depositions may be taken and used in the same manner andunder the same conditions as are prescribed in these rules for depositionstaken in actions pending in the Regional Trial Court. (7a)