Question & AnswerQ&A (Act No. 2886)
The Act is to amend several sections of General Orders, Numbered Fifty-Eight, providing that prosecutions for criminal offenses shall be in the name of the People of the Philippine Islands.
All prosecutions for public offenses shall be in the name of the People of the Philippine Islands against the person charged with the offense.
The complaint or information shall be substantially in the form stating: The People of the Philippine Islands against the accused, naming the court, date, place, the legal appellation of the crime, the acts or omissions charged, and must be signed by the complainant.
1. The Fiscal must offer evidence in support of the charges. 2. The defendant or counsel may offer evidence in defense. 3. Rebutting testimony may be offered respectively, unless the court permits additional evidence. 4. After testimony, arguments are made: Fiscal opens, defense follows, and Fiscal concludes.
Either party may appeal from a final judgment or an order after judgment affecting substantial rights. The People of the Philippine Islands may also appeal a judgment for the defendant on a demurrer or dismissal of a complaint or information.
Personal bail bonds must be executed in writing by at least two sufficient sureties, duly acknowledged, undertaking that the defendant will appear and answer charges, comply with court orders, and pay the bond sum if failing to comply.
A search warrant is an order in writing issued in the name of the People of the Philippine Islands, signed by a judge or justice of the peace, directing a peace officer to search for personal property and bring it before the court.
The judge or justice must be satisfied of the existence of facts upon which the application is based or probable cause to believe such facts exist before issuing the search warrant.
It must state the province, be addressed in the name of the People of the Philippine Islands to a peace officer, cite the proof by affidavit, command search at specified time and place for described property, and be signed by the issuing judge or justice.
All inconsistent acts or parts of acts referring to criminal prosecutions shall be understood as amended to conform with the provision that prosecutions or proceedings are in the name of the People of the Philippine Islands.