CLE Criminal Procedure and Evidence Review (Rules 110–134)

CLE Criminal Procedure and Evidence Review (Rules 110–134)

In PRC's current CLE program, Criminal Law and Jurisprudence is one subject worth 20% of your weighted rating. This post covers its procedural half: how criminal cases move through the Philippine justice system, from arrest through trial and appeal. The substantive half is in the Criminal Law review.

For BS Criminology graduates, this subject overlaps with daily classroom coverage in Criminal Procedure courses. The trap is treating it as memorization instead of recognizing the procedural logic.

This post is the topic-by-topic plan that the CLE pillar guide hands off to.

Suggested study split

PRC doesn't publish item counts per topic, so this is our suggested split of your study time, not an official breakdown:

Rule 113 — Arrest (most-tested)

Warrantless arrest scenarios (memorize verbatim):

Section 5 — when warrantless arrest is lawful:

1. In flagrante delicto: when the person to be arrested has committed, is actually committing, or is attempting to commit an offense in the presence of the arresting officer
2. Hot pursuit: when an offense has just been committed, and there is probable cause to believe based on personal knowledge that the person to be arrested has committed it
3. Escapee: when the person to be arrested is a prisoner who has escaped

Expect scenario questions that ask whether a warrantless arrest was valid. Know the requirements for each ground.

Stop-and-frisk (Terry stop) — distinct from arrest, requires reasonable suspicion (lower than probable cause).

Rule 126 — Search and Seizure

Drill list:

Requirements for valid search warrant:

• Probable cause based on personal examination of complainant under oath
• Particular description of place and items
• Issued by competent court
• One specific offense

Warrantless searches (exceptions):

1. Search incident to lawful arrest
2. Plain view doctrine
3. Search of moving vehicle (Carroll doctrine)
4. Customs search
5. Stop-and-frisk
6. Consented search
7. Searches in airports/ports (administrative searches)
8. Exigent circumstances
9. Inspection of dangerous facilities

Plain view doctrine requirements:

• Lawful presence at place where evidence seen
• Inadvertent discovery
• Immediately apparent illegality

Rule 112 — Preliminary investigation

• Definition: inquiry to determine probable cause for prosecution
• Who conducts: prosecutor, judge (in some cases), Ombudsman
• When required: offenses with penalty of at least 4 years, 2 months, 1 day
• Procedure: complaint affidavit → counter-affidavit → resolution
• Inquest proceedings: when person arrested without warrant
• Right to counsel during preliminary investigation

Rule 114 — Bail

• When bail is a matter of right vs matter of discretion
• Capital offenses and non-bailable offenses when evidence of guilt strong
• Bail bond amounts (per DOJ Bail Bond Guide)
• Forfeiture of bail
• Cancellation of bail

Rule 115 — Rights of the accused

The constitutional + procedural rights:

• Presumption of innocence
• Right to be informed of nature and cause of accusation
• Right to be present and defend in person and by counsel
• Right to testify or remain silent
• Right to confront and cross-examine witnesses
• Right to compulsory process
• Right to speedy, impartial, public trial
• Right against self-incrimination
• Right against double jeopardy

Rule 116-117 — Arraignment, plea, motion to quash

• Arraignment procedure
• Plea bargaining (especially under RA 9165 framework)
• Plea of not guilty
• Plea of guilty to lesser offense
• Plea of guilty to capital offense (need for additional evidence)
• Motion to quash grounds (jurisdiction, prescription, double jeopardy, etc.)

Rules 119-120 — Trial and judgment

• Order of trial: prosecution → defense
• Presentation of evidence
• Demurrer to evidence
• Judgment of conviction or acquittal
• Promulgation of judgment

Rule 122 — Appeal

• Periods for appeal
• Modes of appeal: notice of appeal, petition for review, petition for review on certiorari
• Effect of appeal on bail
• Withdrawal of appeal

Rules 128-134 — Evidence

Drill list:

• Admissibility: relevance + competence
• Real evidence, documentary evidence, testimonial evidence
• Best evidence rule (now Original Document Rule)
• Parol evidence rule
• Hearsay rule and exceptions
• Privileged communications (marital, attorney-client, physician-patient, priest-penitent)
• Burden of proof and burden of evidence
• Presumptions: conclusive vs disputable
• Quantum of proof: proof beyond reasonable doubt (criminal), preponderance of evidence (civil), substantial evidence (administrative)

A 6-week criminal procedure plan

Remember the CLE floor: no subject below 60%. Criminal Law and Jurisprudence is one subject, so weak procedure can drag down strong substantive law.

Where Super Tutor fits

A CLE reviewer is coming soon to Super Tutor. If you're also aiming for the PNP, we have a reviewer for the NAPOLCOM PNP Entrance Exam. See every exam Super Tutor covers.

What to read next

The CLE pillar guide covers the full review. Other CLE deep dives: Criminal Law, Forensic Science, Crime Detection and Investigation.