Article 59p. 59

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

assignment of errors, and the legal basis of the

petition;

f)

in case of a finding of probable cause, that

petitioner has filed in court a motion to defer

further proceedings; and

g)

proof of service of a copy of the petition to the

adverse party or his counsel and the prosecutor

either by personal delivery or registered mail

evidenced by the registry receipts and affidavit

of mailing.

The petitioner shall append to his petition copies of the

material

and

pertinent

affidavits/sworn

statements

(including their translations, if any, duly certified by the

city/provincial prosecutor) and evidence submitted in

the preliminary investigation by both parties and the

questioned resolution.

The prosecutor concerned shall immediately inform the

Department or the Regional State Prosecutor of the

action of the court on the motion to defer further

proceedings. If the accused is arraigned during the

pendency of the petition, the prosecutor concerned

shall likewise immediately inform the Department or

the Regional State Prosecutor of such arraignment.

SEC. 4. Cases not subject to review; exceptions .- No

petition may be allowed from a resolution of the Chief

State Prosecutor/Regional State Prosecutor/Provincial

or City Prosecutor finding probable cause except upon

showing of manifest error or grave abuse of discretion.

Either

complainant/offended

party

or

respondent/accused

may

file

a

petition.

Notwithstanding the showing of manifest error or grave

abuse of discretion no petition

shall be entertained

where the accused had already been arraigned. Once

arraigned, the petition shall be dismissed motu proprio

by the Secretary of Justice.

SEC. 5. Answer .- Within a non-extendible period of

fifteen (15) days from receipt of a copy of the petition,

the respondent may file a verified answer indicating

therein the date that the copy of the petition was

received with proof of service of the answer to the

petitioner. If no answer is filed, the case shall be

resolved on the basis of the petition.

SEC. 6. Withdrawal of petition.- The petition may be

withdrawn at any time before it is finally resolved, in

which case the questioned resolution shall stand.

SEC. 7. Motion for reinvestigation .- At any time after the

filing of the petition and before its resolution, the

petitioner may, with leave of court, file a motion for

reinvestigation on the ground that new and material

evidence has been discovered which petitioner could

not, with reasonable diligence, have discovered during

the preliminary investigation and which if produced

and admitted would probably change the resolution.

The Department or the Regional State Prosecutor, as

the case may be, shall then issue a resolution directing

the reinvestigation of the case, if still legally feasible.

When reinvestigation is granted, it shall take place in

the Office of the Prosecutor from which the petition

was taken.

SEC. 8. Disposition of petition.- The Secretary of Justice

or the Regional State Prosecutor may reverse, affirm or

modify the questioned resolution. They may, motu

proprio or on motion of the petitioner, dismiss outright

the petition on any of the following grounds:

a)

that the offense has prescribed;

b)

that there is no showing of any reversible error;

c)

that

the procedure or requirements herein

prescribed have not been complied with;

d)

that the questioned resolution is interlocutory

in

nature,

except

when

it

suspends

the

proceedings based on the alleged existence of

a prejudicial question; or

e)

that other legal or factual grounds exist to

warrant a dismissal.

SEC. 9. Motion for Reconsideration .- The aggrieved

party may file a motion for reconsideration within a

non-extendible period of ten (10) days from receipt of

the resolution on the petition, furnishing the adverse

party or his counsel and the prosecutor with copies

thereof. No second motion for reconsideration shall be

entertained.

SEC. 10. Effect of filing of petition . - A petition for review,

motion

for

reconsideration/reinvestigation

from

a

resolution finding probable cause shall not hold the

filing of the information in court.

Pending

resolution

of the Petition for review, the

accused is entitled to a suspension of the proceedings,

to the holding in abeyance of the issuance of warrant of

arrest, and deferment of the arraignment.

70

PART Vڈ BAIL

71

SECTION 1. Bail defined . - Bail is the security given for

the release of a person in custody of the law, furnished

by

him

or

a

bondsman,

conditioned

upon

his

appearance before any court as required under the

conditions hereinafter specified. Bail may be given in

the form of corporate surety, property bond, cash

deposit, or recognizance.

SEC. 2. Nature of right to bad .- The right to bail is

guaranteed by the Constitution. It is the duty of the

prosecutor to recommend such amount of bail to the

courts of justice as, in his opinion, would ensure the

appearance of an accused person when so required by

the court.

72

SEC. 3. Non-bailable offense . - No person charged with a

capital offense, or an offense punishable by reclusion

perpetua or life imprisonment, when evidence of guilt

is strong, shall be admitted to bail regardless of the

stage of the criminal prosecution.

SEC. 4

Criteria in recommending amount of bail . - In

recommending the amount of bail to be granted by the

court, the prosecutor shall take into consideration the

following standards and criteria:

a)

financial ability of the respondent/accused to

post bail;

b)

nature and circumstances of the offense;

c)

penalty for the offense charged;

d)

age, state of health, character and reputation of

the respondent/accused under detention;

e)

weight

of

the

evidence

against

the

respondent/accused under detention;

f)

forfeiture of other bonds and pendency of other

cases wherein the respondent/accused under

detention is under bond;

g)

the

fact

that

respondent/accused

under

detention was a fugitive from justice when

apprehended; and

h)

other factors affecting the probability of the

70 Like a motion for reconsideration of the resolution of the

City/Provincial Prosecutor, the right to a petition for review is a part of

due process. Notwithstanding the ruling in Crespo vs. Mogul (151

SCRA 463 [1987]), the Court may not proceed with the criminal

proceedings until after the resolution of the Regional Prosecutor or of

the Secretary of Justice shall have become final, and the

corresponding motion has been filed in Court by the trial prosecutor

to withdraw or dismiss the information or to proceed with the trial as

the case may be, per findings in the petition for review. (See Roberts;

Jr. et al. vs. C.A. et al., 254 SCRA 307 [1996]).

71 Rule 114, Rules on Criminal Procedure, as amended by Supreme

Court Administrative Circular No.12-94 dated August 16, 1994.

© Compiled By RGL

59 of 98