The Philippine criminal justice system is governed primarily by the 2000 Revised Rules of Criminal Procedure (Rules 110 to 127 of the Rules of Court). Navigating this system requires a strict adherence to due process, ensuring that the state's power to prosecute is balanced against the constitutional rights of the accused.
I. The Commencement: Prosecution of Offenses
Criminal actions begin either by a Complaint or an Information.
- Complaint: 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.
- Information: An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
For offenses where the penalty prescribed by law is at least four years, two months, and one day, a Preliminary Investigation is mandatory to determine if there is "probable cause"—meaning a well-founded belief that a crime has been committed and the respondent is probably guilty thereof.
II. Deprivation of Liberty: Arrest
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
1. Arrest with a Warrant
Generally, no person may be arrested without a warrant issued by a judge upon a finding of probable cause.
2. Warrantless Arrests (Rule 113, Sec. 5)
A peace officer or a private person may, without a warrant, arrest a person:
- In Flagrante Delicto: When the person has committed, is actually committing, or is attempting to commit an offense in the presence of the person making the arrest.
- Hot Pursuit: When an offense has just been committed, and the arrestor has personal knowledge of facts indicating that the person to be arrested has committed it.
- Escaped Prisoner: When the person to be arrested is a prisoner who has escaped from a penal establishment or a place where he is serving sentence or is temporarily confined.
III. The Right to Liberty: Bail
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court.
- As a Matter of Right: All persons in custody shall be admitted to bail as a matter of right before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, or before conviction by the Regional Trial Court (RTC) of an offense not punishable by death, reclusion perpetua, or life imprisonment.
- As a Matter of Discretion: Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary.
- When Denied: Bail is denied if the person is charged with a capital offense (punishable by reclusion perpetua) and the evidence of guilt is strong.
IV. Arraignment and Plea
Arraignment is the stage where the accused is informed of the nature and cause of the accusation against him. It must be made in open court by the judge or clerk, and the accused must enter a plea of "guilty" or "not guilty."
If the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him.
V. Pre-Trial and Trial
Pre-trial is mandatory in criminal cases. Its purpose is to consider plea bargaining, stipulation of facts, marking of evidence, and other matters that will promote a fair and expeditious trial.
The Trial follows the order prescribed in Rule 119:
- Prosecution: Presents evidence to prove the guilt of the accused beyond reasonable doubt.
- Defense: Presents evidence to refute the prosecution's claims or establish an affirmative defense.
- Rebuttal/Sur-rebuttal: Optional stages for both parties to address new matters raised.
| Stage | Burden of Proof | Standard |
|---|---|---|
| Preliminary Investigation | Prosecution | Probable Cause |
| Trial | Prosecution | Proof Beyond Reasonable Doubt |
VI. Judgment
The judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.
A judgment of Acquittal is immediately final and cannot be appealed by the prosecution as it would violate the constitutional right against Double Jeopardy.
VII. Post-Judgment Remedies and Appeal
If the accused is convicted, several remedies are available:
1. Motion for New Trial or Reconsideration
Filed within 15 days from the promulgation of judgment.
- New Trial: Based on errors of law or irregularities, or newly discovered evidence.
- Reconsideration: Based on errors of law or fact in the judgment.
2. Appeal
The period for perfecting an appeal is 15 days from the promulgation of the judgment or from notice of the final order.
- From RTC to Court of Appeals: By filing a Notice of Appeal.
- From Court of Appeals to Supreme Court: By filing a Petition for Review on Certiorari under Rule 45 (limited to questions of law).
In the Philippine context, an appeal in a criminal case "throws the whole case open for review," meaning the appellate court can examine the records, revise the penalty, or even reverse the conviction or acquittal (provided it doesn't violate double jeopardy) to serve the ends of justice.
How does the distinction between a "question of law" and a "question of fact" affect the strategy for a final appeal to the Supreme Court?