CRIMINAL PROCEDURE
Aleezah Gertrude Regado
I. INTRODUCTION/PRELIMINARY
CONSIDERATIONS/JURISDICTION
JURISDICTION IN CRIMINAL CASES:
MUNICIPAL/METROPOLITAN TRIAL COURTS
a. BP 129 as amended AN ACT REORGANIZING
THE JUDICIARY, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES
Section 32. Jurisdiction of Metropolitan Trial
Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in criminal cases. – Except in
cases falling within the exclusive original
jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:
(1) Exclusive original jurisdiction over all
violations of city or municipal ordinances
committed within their respective territorial
jurisdiction; and
(2) Exclusive original jurisdiction over all offenses
punishable with imprisonment not exceeding six
(6) years irrespective of the amount of fine, and
regardless of other imposable accessory or other
penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective
of kind, nature, value, or amount thereof:
Provided, however, That in offenses involving
damage to property through criminal negligence
they shall have exclusive original jurisdiction
thereof. (as amended by R.A, No. 7691)
Section 35. Special jurisdiction in certain cases. –
In the absence of all the Regional Trial Judges in a
province or city, any Metropolitan Trial Judge,
Municipal Trial Judge, Municipal Circuit Trial
Judge may hear and decide petitions for a writ of
habeas corpus or applications for bail in criminal
cases in the province or city where the absent
Regional Trial Judges sit.
b. A. M. No. 00-11-01-SC
RE: AMENDMENT TO THE RULE ON SUMMARY
PROCEDURE OF CRIMINAL CASES TO INCLUDE
WITHIN ITS COVERAGE VIOLATIONS OF B.P. BLG.
22, OTHERWISE KNOWN AS THE BOUNCING
CHECKS LAW
RESOLUTION
Section 1 of the Revised Rule on Summary
Procedure (Resolution of the Court en Banc dated
October 15, 1991), is amended as follows:
"Section 1. Scope. This rule shall govern the
summary procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit
Trial Courts in the following cases falling within
their jurisdiction:
A.Civil Cases:
xxx
B. Criminal Cases:
xxx
4. Violations of Batas Pambansa Bilang 22
(Bouncing Checks Law);
5. All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine
not exceeding one thousand pesos (P1,000.00),
or both, irrespective of other imposable
penalties, accessory or otherwise, or of the civil
liability arising therefrom:Provided, however,
that in offenses involving damage to property
through criminal negligence, this Rule shall
govern where the imposable fine does not
exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the
plaintiff's cause of action is pleaded in the same
complaint with another cause of action subject to
the ordinary procedure; nor to a criminal case
where the offense charged is necessarily related
to another criminal case subject to the ordinary
procedure."

c. Section 1 (b), Rules on Summary Procedure
Section 1. Scope. — This rule shall govern the
summary procedure in the Metropolitan Trial
Courts, the Municipal Trial Courts in Cities, the
Municipal Trial Courts, and the Municipal Circuit
Trial Courts in
the following cases falling within their
jurisdiction:
xxx xxx xxx
B. Criminal Cases:
(1) Violations of traffic laws, rules and
regulations;
(2) Violations of the rental law;
(3) Violations of municipal or city ordinances;
(4) All other criminal cases where the
penalty prescribed by law for the offense
charged is imprisonment not exceeding six
months, or a fine not exceeding (P1,000.00), or
both, irrespective of other imposable penalties,
accessory or otherwise, or of the civil liability
arising therefrom: Provided, however, that in
offenses involving damage to property through
criminal negligence, this Rule shall
govern where the imposable fine does not
exceed ten thousand pesos (P10,000.00).
This Rule shall not apply to a civil case where the
plaintiffs cause of action is pleaded in the
same complaint with another cause of action
subject to the ordinary procedure; nor to a
criminal case
where the offense charged is necessarily
related to another criminal case subject to the
ordinary procedure.
II. Regional Trial Courts
a. BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR
CRIMINAL PROCEDURE
Aleezah Gertrude Regado
OTHER PURPOSES
Section 20. Jurisdiction in criminal cases. –
Regional Trial Courts shall exercise exclusive
original jurisdiction in all criminal cases not within
the exclusive jurisdiction of any court, tribunal or
body, except those now falling under the
exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be
exclusively taken cognizance of by the latter.
Section 22. Appellate jurisdiction. – Regional
Trial Courts shall exercise appellate jurisdiction
over all cases decided by Metropolitan Trial
Courts, Municipal Trial Courts, and Municipal
Circuit Trial Courts in their respective territorial
jurisdictions. Such cases shall be decided on the
basis of the entire record of the proceedings had
in the court of origin and such memoranda
and/or briefs as may be submitted by the parties
or required by the Regional Trial Courts. The
decision of the Regional Trial Courts in such cases
shall be appealable by petition for review to the
Court of Appeals which may give it due course
only when the petition shows prima facie that the
lower court has committed an error of fact or law
that will warrant a reversal or modification of the
decision or judgment sought to be reviewed.
Section 23. Special jurisdiction to try special
cases. – The Supreme Court may designate
certain branches of the Regional Trial Courts to
handle exclusively criminal cases, juvenile and
domestic relations cases, agrarian cases, urban
land reform cases which do not fall under the
jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme
Court may determine in the interest of a speedy
and efficient administration of justice.
b. Section 90, RA 9165 AN ACT INSTITUTING THE
COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002, REPEALING REPUBLIC ACT NO. 6425,
OTHERWISE KNOWN AS THE DANGEROUS
DRUGS ACT OF 1972, AS AMENDED, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases
Section 90. Jurisdiction. – The Supreme Court
shall designate special courts from among the
existing Regional Trial Courts in each judicial
region to exclusively try and hear cases involving
violations of this Act. The number of courts
designated in each judicial region shall be based
on the population and the number of cases
pending in their respective jurisdiction.
c. Section 5, RA 8369 AN ACT ESTABLISHING
FAMILY COURTS, GRANTING THEM EXCLUSIVE
ORIGINAL JURISDICTION OVER CHILD AND
FAMILY CASES, AMENDING BATAS PAMBANSA
BILANG 129,AS AMENDED, OTHERWISE KNOWN
AS ACT OF 1980, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER PURPOSES
Section 5. Jurisdiction of family Courts. - The
Family Courts shall have exclusive original
jurisdiction to hear and decide the following
cases:
a) Criminal cases where one or more of the
accused is below eighteen (18) years of age but
not less than nine (9) years of age but not less
than nine (9) years of age or where one or more
of the victims is a minor at the time of the
commission of the offense: Provided, That if the
minor is found guilty, the court shall promulgate
sentence and ascertain any civil liability which the
accused may have incurred.
The sentence, however, shall be suspended
without need of application pursuant to
Ptesidential Decree No. 603, otherwise known as
the "Child and Youth Welfare Code";
b) Petitions for guardianship, custody of children,
habeas corpus in relation to the latter;
c) Petitions for adoption of children and the
revocation thereof;
d) Complaints for annulment of marriage,
declaration of nullity of marriage and those
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Aleezah Gertrude Regado
relating to marital status and property relations
of husband and wife or those living together
under different status and agreements, and
petitions for dissolution of conjugal partnership
of gains;
e) Petitions for support and/or acknowledgment;
f) Summary judicial proceedings brought under
the provisions of Executive Order No. 209,
otherwise known as the "Family Code of the
Philippines";
g) Petitions for declaration of status of children as
abandoned, dependent o neglected children,
petitions for voluntary or involuntary
commitment of children; the suspension,
termination, or restoration of parental authority
and other cases cognizable under Presidential
Decree No. 603, Executive Order No. 56, (Series
of 1986), and other related laws;
h) Petitions for the constitution of the family
home;
i) Cases against minors cognizable under the
Dangerous Drugs Act, as amended;
j) Violations of Republic Act No. 7610, otherwise
known as the "Special Protection of Children
Against Child Abuse, Exploitation and
Discrimination Act," as amended by Republic Act
No. 7658; and
k) Cases of domestic violence against:
1) Women - which are acts of gender based
violence that results, or are likely to result in
physical, sexual or psychological harm or
suffering to women; and other forms of physical
abuse such as battering or threats and coercion
which violate a woman's personhood, integrity
and freedom movement; and
2) Children - which include the commission of all
forms of abuse, neglect, cruelty, exploitation,
violence, and discrimination and all other
conditions prejudicial to their development.

If an act constitutes a criminal offense, the
accused or batterer shall be subject to criminal
proceedings and the corresponding penalties.
If any question involving any of the above
matters should arise as an incident in any case
pending in the regular courts, said incident shall
be determined in that court.
d. A.M. N0. 03-03-03-SC
1. The Regional Courts previously designated as
SEC Courts through the: (a) Resolutions of this
Court dated 21 November 2000, 4 July 2001, 12
November 2002, and 9 July 2002, all issued in
A.M. No. 00-11-03-SC, (b) Resolution dated 27
August 2001 in A.M. No. 01-5-298-RTC; and (c)
Resolution dated 8 July 2002 in A.M. No. 01-12-
656-RTC are hereby DESIGNATED and shall be
CALLED as Special Commercial Courts to try and
decide cases involving violations of Intellectual
Property Rights which fall within their jurisdiction
and those cases formerly cognizable by the
Securities and Exchange Commission;
2. The designation of Intellectual Property Courts
under Administrative Order No. 113-95 dated 2
October 1995, as amended by Administrative
Order No. 104-96 dated 21 October 1996 and
Resolution dated 19 February 2002 in A.M. No.
02-1-11-SC, is hereby revoked. However, the
Regional Trial Court, Branch 24, Manila is hereby
designated as an additional Special Commercial
Court in the City of Manila;
3. Upon the effectivity of this Resolution, all IP
cases shall be transferred to the designated
Special Commercial Courts except those which
have undergone the pretrial stage in civil cases or
those where any of the accused has been
arraigned in criminal cases which shall be
retained by the court previously assigned to try
them;
4. The Special Commercial Courts shall have
jurisdiction over cases arising within their
respective territorial jurisdiction with respect to
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Aleezah Gertrude Regado
the National Capital Judicial Region and within
the respective provinces with respect to the First
to Twelfth Judicial Regions. Thus, cases shall be
filed in the Office of the Clerk of Court in the
official station of the designated Special
Commercial Court;
5. In the event of inhibition of the judge of a
designated Special Commercial Court, the
following guidelines shall be observed: (a) where
there is only one (1) Special Commercial Court,
the case shall be raffled among the other judges
in the station; (b) where there are two (2) Special
Commercial Courts in the station, the Executive
Judge shall immediately assign the case to the
other Special Commercial Court; and (c) in case of
inhibition of both judges of the Special
Commercial Courts, the Executive Judge shall
raffle the case among the judges in the station;
and
6. In order to ensure a just and equitable
distribution of cases, the designated Special
Commercial Courts shall continue to participate
in the raffles of other cases. Provided, however,
that the Executive Judge concerned shall adopt a
procedure whereby every IP and SEC case
assigned to a Special Commercial Court should be
considered a case raffled to it and duly credited
to such court.
This Resolution shall take effect on 1 July 2003
and shall be published in two (2) newspapers of
general circulation.
III. Sandiganbayan
a. Section 4, Sandiganbayan Law, as amended by
RA 10660
Section 2. Section 4 of the same decree, as
amended, is hereby further amended to read as
follows:
"SEC. 4. Jurisdiction. – The Sandiganbayan shall
exercise exclusive original jurisdiction in all cases
involving:
"a. Violations of Republic Act No. 3019, as

amended, otherwise known as the Anti-Graft and
Corrupt Practices Act, Republic Act No. 1379, and
Chapter II, Section 2, Title VII, Book II of the
Revised Penal Code, where one or more of the
accused are officials occupying the following
positions in the government, whether in a
permanent, acting or interim capacity, at the
time of the commission of the offense:
"(1) Officials of the executive branch occupying
the positions of regional director and higher,
otherwise classified as Grade ’27’ and higher, of
the Compensation and Position Classification Act
of 1989 (Republic Act No. 6758), specifically
including:
"(a) Provincial governors, vice-governors,
members of the sangguniang panlalawigan, and
provincial treasurers, assessors, engineers, and
other provincial department heads:
"(b) City mayors, vice-mayors, members of the
sangguniang panlungsod, city treasurers,
assessors, engineers, and other city department
heads;
"(c) Officials of the diplomatic service occupying
the position of consul and higher;
"(d) Philippine army and air force colonels, naval
captains, and all officers of higher rank;
"(e) Officers of the Philippine National Police
while occupying the position of provincial
director and those holding the rank of senior
superintendent and higher;
"(f) City and provincial prosecutors and their
assistants, and officials and prosecutors in the
Office of the Ombudsman and special prosecutor;
"(g) Presidents, directors or trustees, or managers
of government-owned or controlled
corporations, state universities or educational
institutions or foundations.
"(2) Members of Congress and officials thereof
classified as Grade ’27’ and higher under the
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Aleezah Gertrude Regado
Compensation and Position Classification Act of
1989;
"(3) Members of the judiciary without prejudice
to the provisions of the Constitution;
"(4) Chairmen and members of the Constitutional
Commissions, without prejudice to the provisions
of the Constitution; and
"(5) All other national and local officials classified
as Grade ’27’ and higher under the Compensation
and Position Classification Act of 1989.
"b. Other offenses or felonies whether simple or
complexed with other crimes committed by the
public officials and employees mentioned in
subsection a. of this section in relation to their
office.
"c. Civil and criminal cases filed pursuant to and
in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.
"Provided, That the Regional Trial Court shall
have exclusive original jurisdiction where the
information: (a) does not allege any damage to
the government or any bribery; or (b) alleges
damage to the government or bribery arising
from the same or closely related transactions or
acts in an amount not exceeding One million
pesos (P1,000,000.00).
"Subject to the rules promulgated by the
Supreme Court, the cases falling under the
jurisdiction of the Regional Trial Court under this
section shall be tried in a judicial region other
than where the official holds office.
"In cases where none of the accused are
occupying positions corresponding to Salary
Grade ’27’ or higher, as prescribed in the said
Republic Act No. 6758, or military and PNP
officers mentioned above, exclusive original
jurisdiction thereof shall be vested in the proper
regional trial court, metropolitan trial court,
municipal trial court, and municipal circuit trial
court, as the case may be, pursuant to their

respective jurisdictions as provided in Batas
Pambansa Blg. 129, as amended.
"The Sandiganbayan shall exercise exclusive
appellate jurisdiction over final judgments,
resolutions or orders of regional trial courts
whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction as
herein provided.
"The Sandiganbayan shall have exclusive original
jurisdiction over petitions for the issuance of the
writs of mandamus, prohibition, certiorari,
habeas corpus, injunctions, and other ancillary
writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature,
including quo warranto, arising or that may arise
in cases filed or which may be filed under
Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986: Provided, That the jurisdiction over these
petitions shall not be exclusive of the Supreme
Court.
"The procedure prescribed in Batas Pambansa
Blg. 129, as well as the implementing rules that
the Supreme Court has promulgated and may
hereafter promulgate, relative to
appeals/petitions for review to the Court of
Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases
elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office
of the Ombudsman, through its special
prosecutor, shall represent the People of the
Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in
1986.
"In case private individuals are charged as co-
principals, accomplices or accessories with the
public officers or employees, including those
employed in government-owned or controlled
corporations, they shall be tried jointly with said
public officers and employees in the proper
courts which shall exercise exclusive jurisdiction
over them.
"Any provisions of law or Rules of Court to the
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Aleezah Gertrude Regado
contrary notwithstanding, the criminal action and
the corresponding civil action for the recovery of
civil liability shall at all times be simultaneously
instituted with, and jointly determined in, the
same proceeding by the Sandiganbayan or the
appropriate courts, the filing of the criminal
action being deemed to necessarily carry with it
the filing of the civil action, and no right to
reserve the filing of such civil action separately
from the criminal action shall be recognized:
Provided, however, That where the civil action
had heretofore been filed separately but
judgment therein has not yet been rendered, and
the criminal case is hereafter filed with the
Sandiganbayan or the appropriate court, said civil
action shall be transferred to the Sandiganbayan
or the appropriate court, as the case may be, for
consolidation and joint determination with the
criminal action, otherwise the separate civil
action shall be deemed abandoned."
IV. Court of Tax Appeals
a. Section 7, Republic Act No. 9282 March
30 2004
AN ACT EXPANDING THE JURISDICTION OF THE
COURT OF TAX APPEALS (CTA), ELEVATING ITS
RANK TO THE LEVEL OF A COLLEGIATE COURT
WITH SPECIAL JURISDICTION AND ENLARGING
ITS MEMBERSHIP, AMENDING FOR THE
PURPOSE CERTAIN SECTIONS OR REPUBLIC ACT
NO. 1125, AS AMENDED, OTHERWISE KNOWN
AS THE LAW CREATING THE COURT OF TAX
APPEALS, AND FOR OTHER PURPOSES
Section 7. Section 7 of the same Act is hereby
amended to read as follows:
"Sec. 7. Jurisdiction. - The CTA shall exercise:
"a. Exclusive appellate jurisdiction to review by
appeal, as herein provided:
"1. Decisions of the Commissioner of Internal
Revenue in cases involving disputed assessments,
refunds of internal revenue taxes, fees or other
charges, penalties in relation thereto, or other
matters arising under the National Internal

Revenue or other laws administered by the
Bureau of Internal Revenue;
"2. Inaction by the Commissioner of Internal
Revenue in cases involving disputed assessments,
refunds of internal revenue taxes, fees or other
charges, penalties in relations thereto, or other
matters arising under the National Internal
Revenue Code or other laws administered by the
Bureau of Internal Revenue, where the National
Internal Revenue Code provides a specific period
of action, in which case the inaction shall be
deemed a denial;
"3. Decisions, orders or resolutions of the
Regional Trial Courts in local tax cases originally
decided or resolved by them in the exercise of
their original or appellate jurisdiction;
"4. Decisions of the Commissioner of Customs in
cases involving liability for customs duties, fees or
other money charges, seizure, detention or
release of property affected, fines, forfeitures or
other penalties in relation thereto, or other
matters arising under the Customs Law or other
laws administered by the Bureau of Customs;
"5. Decisions of the Central Board of Assessment
Appeals in the exercise of its appellate
jurisdiction over cases involving the assessment
and taxation of real property originally decided
by the provincial or city board of assessment
appeals;
"6. Decisions of the Secretary of Finance on
customs cases elevated to him automatically for
review from decisions of the Commissioner of
Customs which are adverse to the Government
under Section 2315 of the Tariff and Customs
Code;
"7. Decisions of the Secretary of Trade and
Industry, in the case of nonagricultural product,
commodity or article, and the Secretary of
Agriculture in the case of agricultural product,
commodity or article, involving dumping and
countervailing duties under Section 301 and 302,
respectively, of the Tariff and Customs Code, and
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Aleezah Gertrude Regado
safeguard measures under Republic Act No. 8800,
where either party may appeal the decision to
impose or not to impose said duties.
"b. Jurisdiction over cases involving criminal
offenses as herein provided:
"1. Exclusive original jurisdiction over all criminal
offenses arising from violations of the National
Internal Revenue Code or Tariff and Customs
Code and other laws administered by the Bureau
of Internal Revenue or the Bureau of Customs:
Provided, however, That offenses or felonies
mentioned in this paragraph where the principal
amount o taxes and fees, exclusive of charges
and penalties, claimed is less than One million
pesos (P1,000,000.00) or where there is no
specified amount claimed shall be tried by the
regular Courts and the jurisdiction of the CTA
shall be appellate. Any provision of law or the
Rules of Court to the contrary notwithstanding,
the criminal action and the corresponding civil
action for the recovery of civil liability for taxes
and penalties shall at all times be simultaneously
instituted with, and jointly determined in the
same proceeding by the CTA, the filing of the
criminal action being deemed to necessarily carry
with it the filing of the civil action, and no right to
reserve the filling of such civil action separately
from the criminal action will be recognized.
"2. Exclusive appellate jurisdiction in criminal
offenses:
"a. Over appeals from the judgments, resolutions
or orders of the Regional Trial Courts in tax cases
originally decided by them, in their respected
territorial jurisdiction.
"b. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial Courts
in the exercise of their appellate jurisdiction over
tax cases originally decided by the Metropolitan
Trial Courts, Municipal Trial Courts and Municipal
Circuit Trial Courts in their respective jurisdiction.
"c. Jurisdiction over tax collection cases as herein
provided:

"1. Exclusive original jurisdiction in tax collection
cases involving final and executory assessments
for taxes, fees, charges and penalties: Provided,
however, That collection cases where the
principal amount of taxes and fees, exclusive of
charges and penalties, claimed is less than One
million pesos (P1,000,000.00) shall be tried by the
proper Municipal Trial Court, Metropolitan Trial
Court and Regional Trial Court.
"2. Exclusive appellate jurisdiction in tax
collection cases:
"a. Over appeals from the judgments, resolutions
or orders of the Regional Trial Courts in tax
collection cases originally decided by them, in
their respective territorial jurisdiction.
"b. Over petitions for review of the judgments,
resolutions or orders of the Regional Trial Courts
in the Exercise of their appellate jurisdiction over
tax collection cases originally decided by the
Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts, in their
respective jurisdiction."
V. Court of Appeals
a. BATAS PAMBANSA Blg. 129
AN ACT REORGANIZING THE JUDICIARY,
APPROPRIATING FUNDS THEREFOR, AND FOR
OTHER PURPOSES
Section 9. Jurisdiction. – The Court of Appeals
shall Exercise:
1. Original jurisdiction to issue writs of
mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary writs or
processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for
annulment of judgements of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final
judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies,
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Aleezah Gertrude Regado
instrumentalities, boards or commission,
including the Securities and Exchange
Commission, the Social Security Commission, the
Employees Compensation Commission and the
Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme
Court in accordance with the Constitution, the
Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of
this Act, and of subparagraph (1) of the third
paragraph and subparagraph 4 of the fourth
paragraph of Section 17 of the Judiciary Act of
1948.
The court of Appeals shall have the power to try
cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve
factual issues raised in cases falling within its
original and appellate jurisdiction, including the
power to grant and conduct new trials or Appeals
must be continuous and must be completed
within three (3) months, unless extended by the
Chief Justice. (as amended by R.A. No. 7902.)
VI. Supreme Court
a. Article 8, Judicial Department , 1987
Constitution
Section 4. (1) The Supreme Court shall be
composed of a Chief Justice and fourteen
Associate Justices. It may sit en banc or in its
discretion, in division of three, five, or seven
Members. Any vacancy shall be filled within
ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a
treaty, international or executive agreement, or
law, which shall be heard by the Supreme Court
en banc, and all other cases which under the
Rules of Court are required to be heard en banc,
including those involving the constitutionality,
application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who
actually took part in the deliberations on the
issues in the case and voted thereon.
(3) Cases or matters heard by a division shall be
decided or resolved with the concurrence of a

majority of the Members who actually took part
in the deliberations on the issues in the case and
voted thereon, and in no case without the
concurrence of at least three of such Members.
When the required number is not obtained, the
case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the
court in a decision rendered en banc or in division
may be modified or reversed except by the court
sitting en banc.
Section 5. The Supreme Court shall have the
following powers:
(1) Exercise original jurisdiction over cases
affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and
habeas corpus.
(2) Review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the Rules of
Court may provide, final judgments and orders of
lower courts in:
(a) All cases in which the constitutionality or
validity of any treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax,
impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower
court is in issue.
(d) All criminal cases in which the penalty
imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of
law is involved.
(3) Assign temporarily judges of lower courts to
other stations as public interest may require.
Such temporary assignment shall not exceed six
months without the consent of the judge
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Aleezah Gertrude Regado
concerned.
(4) Order a change of venue or place of trial to
avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection
and enforcement of constitutional rights,
pleading, practice, and procedure in all courts,
the admission to the practice of law, the
integrated bar, and legal assistance to the
underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the
Judiciary in accordance with the Civil Service Law.
II. RULE 110- PROSECUTION OF OFFENSES
Section 1. Institution of criminal actions.–
Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation
is required pursuant to section 1 of Rule 112, by
filing the complaint with the proper officer for
the purpose of conducting the requisite
preliminary investigation.
(b) For all other offenses, by filing the complaint
or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaints
shall be filed with the office of the prosecutor
unless otherwise provided in their charters.
The institution of the criminal action shall
interrupt the running of the period of
prescription of the offense charged unless
otherwise provided in special laws.

Sec. 2. The complaint or information – The
complaint or information shall be in writing, in
the name of the People of the Philippines and
against all persons who appear to be responsible
for the offense involved.
Sec. 3. Complaint defined. – A complaint is a
sworn written statement charging a person with
an offense, subscribed by the offended party, any
peace officer, or other public officer charged with
the enforcement of the law violated.
Sec. 4. Information defined. – An information is
an accusation in writing charging a person with
an offense, subscribed by the prosecutor and
filed with the court.
Sec. 5. Who must prosecute criminal actions. –
All criminal actions commenced by a complaint or
information shall be prosecuted under the
direction and control of the prosecutor. However,
in Municipal Trial Courts or Municipal Circuit Trial
Courts when the prosecutor assigned thereto or
to the case is not available, the offended party,
any peace officer, or public officer charged with
the enforcement of the law violated may
prosecute the case. This authority shall cease
upon actual intervention of the prosecutor or
upon elevation of the case to the Regional Trial
Court.(Read A.M. NO. 02-2-07-SC [Effective May
01, 2002] Latest Amendments to Section 5, Rule
110 of the Revised Rules of Criminal Procedure
which provides: "Section 5. Who must prosecute
criminal action. - All criminal actions either
commenced by complaint or by information shall
be prosecuted under the direction and control of
a public prosecutor. In case of heavy work
schedule of the public prosecutor or in the event
of lack of public prosecutors, the private
prosecutor may be authorized in writing by the
Chief of the Prosecution Office or the Regional
State Prosecutor to prosecute the case subject to
the approval of the court. Once so authorized to
prosecute the criminal action, the private
prosecutor shall continue to prosecute the case
up to end of the trial even in the absence of a
public prosecutor, unless the authority is revoked
CRIMINAL PROCEDURE
Aleezah Gertrude Regado
or otherwise withdrawn. x x x .").
The crimes of adultery and concubinage shall not
be prosecuted except upon a complaint filed by
the offended spouse. The offended party cannot
institute criminal prosecution without including
the guilty parties, if both are alive, nor, in any
case, if the offended party has consented to the
offense or pardoned the offenders.
The offenses of seduction, abduction and acts of
lasciviousness shall not be prosecuted upon a
complaint filed by the offended party of her
parents, grandparents or guardian, nor, in any
case, if the offender has been expressly pardoned
by any of them. If the offended party dies or
becomes incapacitated before she can file the
complaint, and she has no known parents,
grandparents or guardian, the State shall initiate
the criminal action in her behalf.
The offended party, even if a minor, has the right
to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness
independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable
of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The
right to file the action granted to parents,
grandparents, or guardian shall be exclusive of all
other persons and shall be exercised successively
in the order herein provided, except as stated in
the preceding paragraph.
No criminal action for defamation which consists
in the imputation of any of the offenses
mentioned above shall be brought except at the
instance of and upon complaint filed by the
offended party.
The prosecution for violation of special laws shall
be governed by the provision thereof.
Sec. 6. Sufficiency of complaint or information. –
A complaint or information is sufficient if it states
the name of the accused; the designation of the
offense given by the statute; the acts or

omissions complained of as constituting the
offense; the name of the offended party; the
approximate date of the commission of the
offense; and the place where the offense was
committed.
When an offense is committed by more than one
person, all of them shall be included in the
complaint or information.
Sec. 7. Name of the accused. – The complaint or
information must state the name and surname of
the accused or any appellation or nickname by
which he has been or is known. If his name
cannot be ascertained, he must be described
under a fictitious name with a statement that his
true name is unknown.
If the true name of the accused is thereafter
disclosed by him or appears in some other
manner to the court, such true name shall be
inserted in the complaint or information and
record.
Sec. 8. Designation of the offense. – The
complaint or information shall state the
designation of the offense given by the statute,
aver the acts or omissions constituting the
offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the
offense, reference shall be made to the section or
subsection of the statute punishing it.
Sec. 9. Cause of the accusation. – The acts or
omissions complained of as constituting the
offense and the qualifying and aggravating
circumstances must be stated in ordinary and
concise language and not necessarily in the
language used in the statute but in terms
sufficient to enable a person of common
understanding to know what offense is being
charged as well as its qualifying and aggravating
circumstance and for the court to pronounce
judgment.
Sec. 10. Place of commission of the offense. – The
complaint or information is sufficient if it can be
understood from its allegations that the offense
CRIMINAL PROCEDURE
Aleezah Gertrude Regado
was committed or some of its essential
ingredients occurred at some place within the
jurisdiction of the court, unless the particular
place where it was committed constitutes an
essential element of the offense charged or is
necessary for its identification.
Sec. 11. Date of commission of the offense. - It is
not necessary to state in the complaint or
information the precise date the offense was
committed except when it is a material ingredient
of the offense. The offense may be alleged to
have been committed on a date as near as
possible to the actual date of its commission.
Sec. 12. Name of the offended party. – The
complaint or information must state the name
and surname of the person against whom or
against whose property the offense was
committed, or any appellation or nickname by
which such person has been or is known. If there
is no better way of identifying him, he must be
described under a fictitious name.
(a) In offenses against property, if the name of
the offended party is unknown, the property
must be described with such particularity as to
properly identify the offense charged.
(b) If the true name of the person against whom
or against whose property the offense was
committed is thereafter disclosed or ascertained,
the court must cause such true name to be
inserted in the 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 is known or by which it
may be identified, without need of averring that
it is a juridical person or that it is organized in
accordance with law.
Sec. 13. Duplicity of the offense. – A complaint
or information must charge only one offense,
except when the law prescribes a single
punishment for various offenses.
 CRIMINAL PROCEDURE
Aleezah Gertrude Regado

principles of international law.

Sec. 14. Amendment or substitution. – A
complaint or information may be amended, in
form or in substance, without leave of court and
when it can be done without causing prejudice to
the rights of the accused.
(d) Crimes committed outside the Philippines but
punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the
criminal action is first filed.

However, any amendment before plea, which
downgrades the nature of the offense charged in
or excludes any accused from the 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 shall state its
reasons in resolving the motion and copies of its
order shall be furnished all parties, especially the
offended party.
Sec. 16. Intervention of the offended party in
criminal action. – Where the civil action for
recovery of civil liability is instituted in the
criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the
prosecution of the offense.

If it appears at anytime before judgment that a

mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon the filing of a new
one charging the proper offense in accordance
with section 19, Rule 119, provided the accused
shall not be placed in double jeopardy. The court
may require the witnesses to give bail for their
appearance at the trial.

Sec. 15. Place where action is to be instituted. -

(a) Subject to existing laws, the criminal action
shall be instituted and tried in the court of the
municipality or territory where the offense was
committed or where any of its essential
ingredients occurred.

(b) Where an offense is committed in a train,

aircraft, or other public or private vehicle in the
course of its trip, the criminal action shall be
instituted and tried in the court of any
municipality or territory where such train,
aircraft, or other vehicle passed during its trip,
including the place of its departure and arrival.

(c) Where an offense is committed on board a

vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of
the first port of entry or of any municipality or
territory where the vessel passed during such
voyage, subject to the generally accepted