Title
Supreme Court
Prosecutions in Name of the People PH
Law
Act No. 2886
Decision Date
Feb 24, 1920
Act No. 2886 amends various sections of General Orders, Numbered Fifty-eight, regarding the prosecution of criminal offenses in the Philippines, including changes to the name of the prosecuting party, the standard form for complaints or information, the order of proceedings, the right to appeal, the execution of bail bonds, the definition and issuance of search warrants, and the consistency of Acts referring to criminal prosecutions.

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:
    1. The Fiscal (prosecutor) presents evidence supporting the charges.
    2. The defendant or counsel can present evidence for the defense.
    3. Parties may offer rebutting testimony only, unless the court allows new or additional evidence in the interest of justice.
    4. 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.

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