Criminal Procedure
Preliminary Matters
Rule 110
Prosecution Of Offenses
Section 1. Institution Of Criminal Actions
Section 2. The Complaint Or Information
Section 3. Complaint Defined
Section 4. Information
Section 5. Who Must Prosecute Criminal Actions
Section 6. Sufficiency Of Complaint Or Information
Section 7. Name Of The Accused
Section 8. Designation Of The Offense
Section 9. Cause Of The Accusation
Section 10. Place Of The Commission Of The Offense
Section 11. Date Of Commission Of The Offense
Section 12. Name Of The Offended Party
Section 13. Duplicity Of The Offense
Section 14. Amendment Or Substitution
Section 15. Place Where Action Is To Be Instituted
Section 16. Intervention Of The Offended Party In Criminal Action
Rule 111
Prosecution Of Civil Action
Section 1. Institution Of Criminal And Civil Actions
Section 2. When Separate Civil Action Is Suspended
Section 3. When Civil Action May Proceed Independently
Section 4. Effect Of Death On Civil Actions
Section 5. Judgment in Civil Action Not A Bar
Section 6. Suspension By Reason Of Prejudicial Question
Section 7. Elements Of Prejudicial Question
Section 8. Records
Section 9. Cases not requiring preliminary investigation
Rule 112
Preliminary Investigation
Section 1. Preliminary Investigation defined; When Required
Section 2. Officers Authorized To Conduct Preliminary Investigation
Section 3. Procedure
Section 4. Resolution Of Investigating Prosecutor And Its Review
Section 5. Resolution Of Investigating Judge And Its Review
Section 6. When Warrant Of Arrest May Issue
Section 7. When Accused Lawfully Arrested Without Warrant
Section 8. Records
Section 9. Cases Not Requiring Preliminary Investigation.......
Rule 113
Arrest
Section 1. Definition Of Arrest
Section 2. Arrest; How Made
Section 3. Duty Of Arresting Officer
Section 4. Execution Of Warrant
Section 5. Arrest Without A Warrant; When Lawful
Section 6. Time Of Making Arrest
Section 7. Method Of Arrest By Officer By Virtue Of Warrant
Section 8. Method Of Arrest By Officer Without A Warrant
Section 9. Method Of Arrest By Private Person
Section 10. Officer May Summon Assistance
Section 11. Right Of Officer To Break Into Building Or Enclosure
Section 12. Right To Break Out Of The Building Or Enclosure To Effect Release
Section 13. Arrest After Escape Or Rescue
Section 14. Right Of An Attorney Or Relative To Visit The Person Arrested
Rule 114
Bail
Section 1. Bail Defined
Section 2. Condition Of The Bail; Requirements
Section 3.No Release Or Transfer Except On Court Order Or Bail
Section 4. Bail, A Matter Of Right; Exception
Section 5. Bail, When Discretionary
Section 6. Capital Offense; Defined
Section 7. Offenses Punishable By Life Imprisonment, Not Bailable
Section 8. Burden Of Proof In Bail Application
Section 9. Amount Of Bail; Guidelines
Section 10. Corporate Surety
Section 11. Property Bond; How Posted
Section 12. Qualifications Of Sureties In Property bond
Section 13. Justification Of Sureties
Section 14. Deposit Of Cash As Bail
Section 15. Recognizance
Section 16. Bail, when not required; reduced bail or recognizance
Section 17. Bail, Where Filed
Section 18. Notice Of Application To Prosecutor
Section 19. Release On Bail
Section 20. Increase Or Reduction Of Bail
Section 21. Forfeiture Of Bail
Section 22. Cancellation Of Bail
Section 23. Arrest Of Accused Out On Bail
Section 24. No Bail After Final Judgment; Exception
Section 25. Court Supervision of Detainees
Section 26. Bail Is Not A Bar To Objection On Illegal Arrest
Rule 115
Rights Of The Accused
Section 1. Rights Of The Accused At The Trial
Rule 116
Arraignment And Plea
Section 1. Arraignment And Plea How Made
Section 2. Plea Of Guilty To A Lesser Offense
Section 3. Plea Of Guilty To Capital offense; Reception Of Evidence
Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary
Section 5. Withdrawal of improvident plea of guilty
Section 6. Duty Of Court To inform Accused Of His Right To Counsel
Section 7. Appointment Of Counsel De Oficio
Section 8. Time For Counsel De Oficio To Prepare For Arraignment
Section 9. Bill Of Particulars
Section 10. Production Or Inspection Of Material Evidence
Section 11. Suspension Of Arraignment
Rule 117
Motion To Quash
Section 1. Time To Move To Quash
Section 2. Form and Contents
Section 3. Grounds Motion To Quash
Section 4. Amendment of Complaint Or Information
Section 5. Effect Of Sustaining The Motion To Quash
Section 6. Order Sustaining The Motion To Quash Not A Bar To ....
Section 7. Former Conviction Or Acquittal; Double Jeopardy
Section 8. Provisional Remedies
Section 9. Failure To Move To Quash Or To Allege Any Ground Therefor
Rule 118
Pre-Trial
Section 1. Pre-Trial Mandatory In Criminal Cases
Section 2. Pre-Trial Agreement
Section 3. Non-Appearance at Pre-Trial Conference
Section 4. Pre-Trial Order
Rule 119
Trial
Section 1. Time To Prepare For Trial
Section 2. Continuous Trial Until Terminated; Postponements
Section 3. Exclusions
Section 4. Factors Granting Continuance
Section 5. Time limit following an order for new trial
Section 6. Extended Time Limit
Section 7. Public Attorney's Duties Where Accused Is Imprisoned
Section 8. Sanctions
Section 9. Remedy Where Accused Is Not Brought To Trial Within The Time Limit
Section 10. Law On Speedy Trial Not A Bar To Provisions In The Constitution
Section 11. Order Of Trial
Section 12. Application For Examination Of Witness For Accused Before Trial
Section 13. Examination Of Defense Witness How Made
Section 14. Bail To Secure Appearance Of Material Witness
Section 15. Examination Of Witness For The Prosecution
Section 16. Trial Of Several Accused
Section 17. Discharge Of Accused To Be State Witness
Section 18. Discharge Of Accused Operates As Acquittal
Section 19. When Mistake has Been Made In Charging The Proper Offense
Section 20. Appointment Of Acting Prosecutor
Section 21. Exclusion Of The Public
Section 22. Consolidation Of Trials Of Related Offenses
Section 23. Demurrer To Evidence
Section 24. Reopening
Rule 120
Judgment
Section 1. Judgment Definition And Form
Section 2. Contents Of Judgment
Section 3. Judgment For Two Or More Offenses
Section 4. Judgment In Case Of Variance Bet. Allegation And Proof
Section 5. When An Offense Includes Or Is Included In Another
Section 6. Promulgation of Judgment
Section 7. Modification Of Judgment
Section 8. Entry Of Judgment
Section 9. Existing Provisions Governing Suspension Of Sentence
Rule 121
New Trial Or Reconsideration
Section 1. New Trial Or Reconsideration
Section 2. Grounds For New Trial
Section 3. Grounds For Reconsideration
Section 4. Form Of Motion For New Trial Or Reconsideration
Section 5. Hearing On Motion
Section 6. Effects Of Granting A New Trial Or Reconsideration
Rule 122
Appeal
Section 1. Who May Appeal
Section 2. Where To Appeal
Section 3. How Appeal Taken
Section 4. Publication Of Notice Of Appeal
Section 5. Waiver Of Notice
Section 6. When Appeal To Be Taken
Section 7. Transcribing and Filing Notes Of Stenographic Reporter Upon Appeal
Section 8. Transmissions of Papers To Appellate Court Upon Appeal
Section 9. Appeal To The Regional Trial Courts
Section 10. Transmission Of Records In Case Of Death Penalty
Section 11. Effect Of Appeal By Any Of Several Accused
Section 12. Withdrawal Of Appeal
Section 13. Appointment Of Counsel De Oficio For Accused On Appeal
Rule 123
Procedure In The Municipal Trial Courts
Section 1. Uniform Procedure
Rule 124
Procedure In The Court Of Appeals
Section 1. Title Of The Case
Section 2. Appointment Of Counsel De Oficio For The Accused
Section 3. When Brief For Appelant To Be Filed
Section 4. When Brief For Appellee To Be Filed
Section 5. Extension Of Time For Filing Briefs
Section 6. Form Of Briefs
Section 7. Contents Of Brief
Section 8. Dismissal Of Appeal For Abandonment Or Failure To Prosecute
Section 9. Prompt Disposition Of Appeals
Section 10. Judgment Not To Be Reversed Or Modified
Section 11. Scope Of Judgment
Section 12. Power To Receive Evidence
Section 13. Certification Or Appeal Of Case To The Supreme Court
Section 14. Motion For New Trial
Section 15. Where New Trial Conducted
Section 16. Reconsideration
Section 17. Judgment Transmitted And Filed In Trial Court
Section 18. Application Of Certain Rules In Civil Procedure To Criminal Cases
Rule 125
Procedure In The Supreme Court
Section 1. Uniform Procedure
Section 2. Review Of Decisions Of The Court Of Appeals
Section 3. Decision If Opinion Equally Divided
Rule 126
Search and Seizure
Section 1. Search Warrant Defined
Section 2. Court Where Application For Search Warrant Shall Be Filed
Section 3. Personal Property To Be Seized
Section 4. Requisites For Issuing A Search Warrant
Section 5. Examination Of Complainant
Section 6. Issuance And Form Of Search Warrant
Section 7. Right To Break Door Or Window To Effect Search
Section 8. Search Of House Be Made In Presence Of Two Witnesses
Section 9. Time Of Making Search
Section 10. Validity Of Search Warrant
Section 11. Receipt For The Property Seized
Section 12. Delivery Of Property And Inventory Thereof To The Court
Section 13. Search Incident To Lawful Arrest
Section 14. Motion To Quash A Search Warrant Where To File
Rule 127
Provisional Remedies In Criminal Cases
Section 1. Availability of Provisional Remedies
Section 2. Attachment
Section 26. Bail Is Not A Bar To Objection On Illegal Arrest
Rule 115
Rights Of The Accused
Section 1. Rights Of The Accused At The Trial
Rule 116
Arraignment And Plea
Section 1. Arraignment And Plea How Made
Section 2. Plea Of Guilty To A Lesser Offense
Section 3. Plea Of Guilty To Capital offense; Reception Of Evidence
Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary
Section 5. Withdrawal of improvident plea of guilty
Section 6. Duty Of Court To inform Accused Of His Right To Counsel
Section 7. Appointment Of Counsel De Oficio
Section 8. Time For Counsel De Oficio To Prepare For Arraignment
Section 9. Bill Of Particulars
Section 10. Production Or Inspection Of Material Evidence
Section 11. Suspension Of Arraignment
Rule 117
Motion To Quash
Section 1. Time To Move To Quash
Section 2. Form and Contents
Section 3. Grounds Motion To Quash
Section 4. Amendment of Complaint Or Information
Section 5. Effect Of Sustaining The Motion To Quash
Section 6. Order Sustaining The Motion To Quash Not A Bar To ....
Section 7. Former Conviction Or Acquittal; Double Jeopardy
Section 8. Provisional Remedies
Section 9. Failure To Move To Quash Or To Allege Any Ground Therefor
Rule 118
Pre-Trial
Section 1. Pre-Trial Mandatory In Criminal Cases
Section 2. Pre-Trial Agreement
Section 3. Non-Appearance at Pre-Trial Conference
Section 4. Pre-Trial Order
Rule 119
Trial
Section 1. Time To Prepare For Trial
Section 2. Continuous Trial Until Terminated; Postponements
Section 3. Exclusions
Section 4. Factors Granting Continuance
Section 5. Time limit following an order for new trial
Section 6. Extended Time Limit
Section 7. Public Attorney's Duties Where Accused Is Imprisoned
Section 8. Sanctions
Section 9. Remedy Where Accused Is Not Brought To Trial Within The Time Limit
Section 10. Law On Speedy Trial Not A Bar To Provisions In The Constitution
Section 11. Order Of Trial
Section 12. Application For Examination Of Witness For Accused Before Trial
Section 13. Examination Of Defense Witness How Made
Section 14. Bail To Secure Appearance Of Material Witness
Section 15. Examination Of Witness For The Prosecution
Section 16. Trial Of Several Accused
Section 17. Discharge Of Accused To Be State Witness
Section 18. Discharge Of Accused Operates As Acquittal
Section 19. When Mistake has Been Made In Charging The Proper Offense
Section 20. Appointment Of Acting Prosecutor
Section 21. Exclusion Of The Public
Section 22. Consolidation Of Trials Of Related Offenses
Section 23. Demurrer To Evidence
Section 24. Reopening
Rule 120
Judgment
Section 1. Judgment Definition And Form
Section 2. Contents Of Judgment
Section 3. Judgment For Two Or More Offenses
Section 4. Judgment In Case Of Variance Bet. Allegation And Proof
Section 5. When An Offense Includes Or Is Included In Another
Section 6. Promulgation of Judgment
Section 7. Modification Of Judgment
Section 8. Entry Of Judgment
Section 9. Existing Provisions Governing Suspension Of Sentence
Rule 121
New Trial Or Reconsideration
Section 1. New Trial Or Reconsideration
Section 2. Grounds For New Trial
Section 3. Grounds For Reconsideration
Section 4. Form Of Motion For New Trial Or Reconsideration
Section 5. Hearing On Motion
Section 6. Effects Of Granting A New Trial Or Reconsideration
Rule 122
Appeal
Section 1. Who May Appeal
Section 2. Where To Appeal
Section 3. How Appeal Taken
Section 4. Publication Of Notice Of Appeal
Section 5. Waiver Of Notice
Section 6. When Appeal To Be Taken
Section 7. Transcribing and Filing Notes Of Stenographic Reporter Upon Appeal
Section 8. Transmissions of Papers To Appellate Court Upon Appeal
Section 9. Appeal To The Regional Trial Courts
Section 10. Transmission Of Records In Case Of Death Penalty
Section 11. Effect Of Appeal By Any Of Several Accused
Section 12. Withdrawal Of Appeal
Section 13. Appointment Of Counsel De Oficio For Accused On Appeal
Rule 123
Procedure In The Municipal Trial Courts
Section 1. Uniform Procedure
Rule 124
Procedure In The Court Of Appeals
Section 1. Title Of The Case
Section 2. Appointment Of Counsel De Oficio For The Accused
Section 3. When Brief For Appelant To Be Filed
Section 4. When Brief For Appellee To Be Filed
Section 5. Extension Of Time For Filing Briefs
Section 6. Form Of Briefs
Section 7. Contents Of Brief
Section 8. Dismissal Of Appeal For Abandonment Or Failure To Prosecute
Section 9. Prompt Disposition Of Appeals
Section 10. Judgment Not To Be Reversed Or Modified
Section 11. Scope Of Judgment
Section 12. Power To Receive Evidence
Section 13. Certification Or Appeal Of Case To The Supreme Court
Section 14. Motion For New Trial
Section 15. Where New Trial Conducted
Section 16. Reconsideration
Section 17. Judgment Transmitted And Filed In Trial Court
Section 18. Application Of Certain Rules In Civil Procedure To Criminal Cases
Rule 125
Procedure In The Supreme Court
Section 1. Uniform Procedure
Section 2. Review Of Decisions Of The Court Of Appeals
Section 3. Decision If Opinion Equally Divided
Rule 126
Search and Seizure
Section 1. Search Warrant Defined
Section 2. Court Where Application For Search Warrant Shall Be Filed
Section 3. Personal Property To Be Seized
Section 4. Requisites For Issuing A Search Warrant
Section 5. Examination Of Complainant
Section 6. Issuance And Form Of Search Warrant
Section 7. Right To Break Door Or Window To Effect Search
Section 8. Search Of House Be Made In Presence Of Two Witnesses
Section 9. Time Of Making Search
Section 10. Validity Of Search Warrant
Section 11. Receipt For The Property Seized
Section 12. Delivery Of Property And Inventory Thereof To The Court
Section 13. Search Incident To Lawful Arrest
Section 14. Motion To Quash A Search Warrant Where To File
Rule 127
Provisional Remedies In Criminal Cases
Section 1. Availability of Provisional Remedies
Section 2. Attachment