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    Published & Distributed by REX Book Store 856 Nicanor Reyes, Sr. St. Tel. Nos. 736-05- 67 ã 735-13-64 1977 C.M. Recto Avenue Tel. Nos. 735-55- 27 ã 735-55-34 Manila, Philippines www.rexpublishing.com.ph   f- m $   CRIMINAL PROCEDURE (THE BAR LECTURES SERIES) Updated Edition BY WILLARD B. RIANO Bar Reviewer in Remedial Law, Commercial Law and Civil Law  Author: Fundamentals of Civil Procedure; Evidence, (A Restatement for the Bar); Civil Procedure (A Restatement for the Bar); Evidence (The Bar Lectures Series) Dean, College of Law, San Sebastian College Recoletos-Manila Member, Remedial Law and Commercial Law Committees, U.P. Law Center Professor and Lecturer, Philippine Judicial Academy, Supreme Court of the Philippines 2011  Philippine Copyright, 2011 by ^ul WILLARD B. RIANO ISBN 978-971-23-6158-6 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devices or in any other form, for distribution or sale, without the written permission of the author except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book without the corresponding number and the signature of the author on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED BY THE AUTHOR N? 1492 ISBN 978-971-23-6158-6 05-RL-00042 9 Printed by 05-RL-00042 9789712361586  DEDICATION Nina... Daddy... Mommy... Nonong... Neneng... iii    PREFACE After this work was submitted for publication on January 5, 2011, materials became available which contained court decisions worthy to be recommended for further readings. Foremost of these cases is that of   Judith Yu v. Samson-Tatad (G.R. No. 170979, February 9, 2011),  which ended previous speculations as to the applicability of the fresh-period rule to appeals in criminal cases. Hence, the need for an updated edition. This edition required the insertion of new case citations within the main chapters as well as the discussion of more recent Court rulings under the heading, Synopsis of Selected Cases. The cases selected were those with facts not involved in those decisions treated in the srcinal edition. The criminal procedure aspects of the Rules of Procedure in Environmental Cases were likewise added. In the process of enhancing the current material, some paragraphs which could have possibly given rise to misunderstanding were deleted. Mere matters of opinion were likewise taken out so as not to detract from the instructional purpose of this material. Also, certain portions which are matters of purely substantive law were expunged and only those necessary to explain procedural concepts were retained. Some paragraphs were likewise reworded for greater clarity in the presentation of procedural principles. In some instances, adjustments to editorial oversights in the srcinal edition were effected. It is worth reiterating that this work is written primarily for the bar reviewee and the law student who need to be adequately equipped with the core knowledge required to hurdle the bar examinations. It is based on an empirically anchored deep-seated philosophy that passing the bar V  
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