Law Summary
Form of Complaint or Information
- The complaint or information must be formally titled as "The People of the Philippine Islands against [Defendant's Name]."
- It must specify the court, date, and legal designation of the crime (e.g., murder, arson).
- The complaint must describe the acts or omissions constituting the offense.
Trial Procedure Following a Not Guilty Plea
- Upon a plea of not guilty, the trial proceeds in a structured order:
- The Fiscal (prosecutor) presents evidence supporting the charges.
- The defendant or counsel can present evidence for the defense.
- Parties may offer rebutting testimony only, unless the court allows new or additional evidence in the interest of justice.
- Arguments follow the evidence, opening with the Fiscal, then defense counsel, and concluding with the Fiscal.
- Arguments may be oral, written, or both, but only written arguments are preserved in the case record.
Right of Appeal
- Either party may appeal a final judgment or an order affecting substantial rights after judgment.
- The People of the Philippine Islands may appeal judgments in favor of the defendant based on demurrers or dismissal of complaints or information.
Bail Bond Requirements
- Personal bail bonds must be executed by at least two sufficient sureties with or without the defendant.
- The bond must be a written undertaking acknowledged in a prescribed form, pledging:
- The defendant's appearance and compliance with court orders.
- Payment of the specified bail sum if conditions are breached.
Search Warrants
- A search warrant is a written order issued in the name of the People of the Philippine Islands.
- It must be signed by a judge or justice of the peace and directed to a peace officer.
- It commands the search for personal property and the delivery of such property to the court.
Issuance of Search Warrants
- A judge or justice must be satisfied of the existence or probable cause of facts based on affidavits before issuing the warrant.
- The warrant must specify:
- The person or place to be searched with reasonable particularity.
- The property to be searched for and seized.
- The time and conditions of the search.
- The warrant must be in a prescribed form and signed.
Amendment of Existing Acts
- All acts or parts of acts inconsistent with this law regarding criminal prosecutions are amended to conform to prosecution in the name of the People of the Philippine Islands.
Effectivity
- The Act takes effect upon approval.