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CRIMINAL PROCEDURE
PRELIMINARY MATTERS CRIMINAL PROCEDURE It is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction (Remedial Law IV, Herrera). It is concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the release of the offender. CRIMINAL JURISDICTION It is the authority to hear and try a particular offense and impose the punishment for it (People v. Marinao, 71 SCRA 600, 604). REQUISITES FOR VALID EXERCISE OF CRIMINAL JURISDICTION: 1. Jurisdiction over the subject matter is the power to hear and determine cases of the general class to which the proceedings in question belong (Reyes v. Diaz, 73 Phil 484); by virtue of the imposable penalty or its nature, is one which the court is by law authorized to take cognizance of; conferred by law. 2. Jurisdiction over the territory where the offense was committed the offense must have been committed within the territorial jurisdiction of the court; jurisdiction over the territory; cannot be waived 3. Jurisdiction over the person of the accused QuickTime and a the person charged with the offense must TIFF (Uncompressed) decompressor are needed to see this picture. have been brought to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court. The question of jurisdiction may be raised at any stage of the proceedings. The exception to this rule is when there is estoppel and laches on the party who raised the question of jurisdiction.
JURISDICTION OVER THE SUBJECT MATTER Conferred by law. It cannot be acquired by the consent of the accused. Objection that the court has no jurisdiction over the subject matter may be made at any stage of the proceeding and the right to make such objection is never waived.
JURISDICTION OVER THE PERSON OF THE ACCUSED May be acquired by consent of the accused or by waiver of objections. If the accused fails to make his objection in time, he will be deemed to have waived it.
JURISDICTION What determines jurisdiction Jurisdiction is determined by the extent of the penalty which the law imposes, on the basis of the facts as recited in the complaint or information constitutive of the offense charged Jurisdiction is not determined by: what may be meted out to the offender after trial the result of the evidence that would be presented during the trial Jurisdiction is retained regardless of: whether the evidence proves a lesser offense than that charged in the information, the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance. GENERAL RULE: Jurisdiction of a court to try criminal action is to be determined by the law at the time of the institution of the action. EXCEPTION: Where the statute expressly provides, or is construed that it is intended to operate to actions pending before its enactment, in which case, the court where the criminal action is pending is ousted of jurisdiction and the pending action will have to be transferred to the other tribunal which will continue the proceeding.
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G. Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
ONCE VESTED, JURISDICTION CANNOT BE WITHDRAWN BY: 1. Subsequent valid amendment of the Information; or 2. Subsequent statutory amendment of the rules of jurisdiction, unless the amendatory law provides otherwise. Venue is jurisdictional Thus: Action must be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof took place. GENERAL RULE: The question of jurisdiction may be raised at any stage of the proceedings. EXCEPTION: It may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question. Criminal jurisdiction of MTCs GENERAL RULE: MTC has jurisdiction over all offenses, the maximum penalty of which as provided by law does not exceed 6 years (prision correccional). EXCEPTION: In cases where the only penalty provided by law is a fine, the amount whereof shall determine the jurisdiction of the court: MetroTC, MTC, and MCTC: if fine is not more than 4000 pesos. RTC: if fine exceeds 4000 pesos, including offenses committed by public officers and employees in relation to their office, where the amount of the fine does not exceed 6000 pesos. (SC Court Circular No. 09-94). Accessory penalties and civil liabilities: no longer determinative of jurisdiction.
QuickTime and a TIFF (Uncompressed) decompressor No jurisdiction: overto see those cases which by are needed this picture. provision of special law are made triable by the RTC or the Sandiganbayan even if the maximum penalty prescribed by such special law is less than 6 years. Included in such exceptions are election offenses, libel or written defamation, and violation of Sec. 39 of the Dangerous Drugs Act of 1972 (RA 6425).
Jurisdiction over Crimes Punishable by Destierro Where the imposable penalty is destierro, the case falls within the exclusive jurisdiction of the Municipal Trial Court, considering that in the hierarchy of penalties under Article 71 of the Revised Penal Code, destierro follows arresto mayor which involves imprisonment (People v. Eduarte, 182 SCRA). Principle of Adherence of Jurisdiction Once jurisdiction is vested in the court, it is retained up to the end of litigation (Dela Cruz v. Moya, 160 SCRA 838).
RULE 110 PROSECUTION OF OFFENSES CRIMINAL ACTION It is an action by which the State prosecutes a person for an act or omission punishable by law. Section 1. Institution of Criminal Actions For offenses which require preliminary investigation: By filing the complaint with the proper officer for preliminary investigation. Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110. Preliminary investigation is required for offenses where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine (Rule 112, Sec. 1, Par. 2). For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months and 1 day without regard to the fine: Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor. In Manila and other chartered cities, the complaint QuickTime and a (Uncompressed) decompressor shall be filed withTIFF the Office of Prosecutor unless are needed to see thisthe picture. otherwise provided in their charters. NOTE: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution. DOES NOT APPLY: To offenses subject to summary procedure which are
4. It must be filed in court. PERSONS AUTHORIZED TO FILE INFORMATION 1. City or provincial prosecutor and their assistants 2. Duly appointed special prosecutors. AN
Information and Complaint distinguished COMPLAINT INFORMATION Subscribed by the Subscribed by the offended party, any prosecutor. It does not peace officer or other have to be subscribed by officer charged with the the offended party or any enforcement of the law peace officer or other violated. peace officer charged with the enforcement of the law. Filed either in the MTC or Filed in court. with the provincial/city prosecutors office NOTE: PROSECUTION IN THE RTC IS ALWAYS COMMENCED BY INFORMATION, EXCEPT: 1. In certain crimes against chastity (concubinage, adultery, seduction, abduction, acts of lasciviousness) ; and 2. Defamations imputing any of the aforesaid offenses wherein a sworn written complaint is required in accordance with Section 5 of this Rule. In case of variance between the complaint filed by the offended party and the information in crimes against chastity, the complaint controls (People v. Oso, 62 Phil 271). People v. Santiago G.R. No. 137281 (2001) A defectively crafted information, such as that alleging multiple offenses in a single complaint or information transgresses Rule 110, 13. A. However, failure to make a timely objection to such a defect is deemed to be a waiver of the said objection. Section 5. Who Must Prosecute Criminal Actions Full Discretion and Control of the Prosecutor All criminal actions commenced by complaint of information shall be prosecuted under the direction and control of the prosecutor. The institution of a criminal action depends upon the sound discretion of the prosecutor. But once the case is already filed in court, the same can no longer be withdrawn or dismissed without the tribunals
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the
INFORMATION It is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. REQUISITES OF AN INFORMATION: 1. It must be in writing; 2. It must charge a person with an offense; 3. It must be subscribed by the prosecutor; and
Private Prosecutor Participation: May a public prosecutor allow a private prosecutor to actively handle the conduct of the trial? Yes, where the civil action arising from the crime is deemed instituted in the criminal action. Public Prosecutor must be present during the proceedings and must take over the conduct of the trial from the private prosecutor at any time the cause of the prosecution may be adversely affected. Thus, where the prosecutor has turned over the active conduct of the trial to the private prosecutor who presented testimonial evidence even when the public prosecutor was absent during the trial, the evidence presented could not be considered valid evidence of the People. However: this rule applies only to courts which are provided by law with prosecutors, and not to municipal courts which have no trial prosecutors, in which case the evidence presented by the private prosecutor can be considered as evidence for the People. GENERAL RULE: In appeals, the Sol. Gen. has control. He may abandon or discontinue the prosecution of the case in the exercise of his sound discretion and may even recommend the acquittal of an accused when he believes that the evidence does not warrant his conviction. EXCEPTION: provided for in RA 8249 which states in part that in all cases elevated to the Sandiganbayan and from the SB to the SC, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to EO Nos. 1, 2, 14 and 14-A, issued in 1986. When it is said that the requirement of Art. 344 of RPC is jurisdictional, what is meant is that it is the complaint that starts the prosecutory proceeding. It is not the complaint which confers jurisdiction on the court to try the case. People v. Yparraguire, G. R. No. 124391 (2000) Even when a complaint is defective for being signed and filed by the chief of police and not by the complainant, the court may still acquire jurisdiction over the case. The complaint required in Art. 344 of the RPC is but a condition precedent to the exercise by the proper authorities of the power to prosecute the guilty parties. The complaint simply starts the
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In order to absolve the accused from liability, it is sufficient even if granted only to the offending spouse.
The SUBSEQUENT MARRIAGE between the party and the accused extinguishes the criminal liability of the latter, together with that of the co-principals, accomplices and accessories, Except: a. Where the marriage was invalid or contracted in bad faith in order to escape criminal liability.
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IMPORTANT: The new rule requires that the qualifying and aggravating circumstances be alleged in the information. PURPOSE: 1. To enable the court to pronounce a proper judgment; 2. To furnish the accused with such a description of the charge as to enable him to make a defense; 3. As a protection against further prosecution for the same cause. ( U.S. v. Karelsen). RULE ON NEGATIVE AVERMENTS: 1. Where the law alleged to have been violated: prohibits generally acts therein defined is intended to apply to all persons indiscriminately, but prescribes certain limitations or exceptions from its violation the information is sufficient if it alleges facts which the offender did as constituting a violation of law, without explicitly negating the exception, as the exception is a matter of defense which the accused has to prove. 2. Where the law alleged to have been violated applies only to specific classes of persons and special conditions the exemptions from its violation are so incorporated in the language defining the crime that the ingredients of the offense cannot be accurately and clearly set forth if the exemption is omitted, the information must show that the accused does not fall within the exemptions. NOTE: When an exception or negative allegation is not an ingredient of the offense and is a matter of defense, it need not be alleged (U.S. v. Chan Toco, 12 Phil 262). COMPLEX CRIMES Where what is alleged in the information is a complex crime and the evidence fails to support the charge as to one of the component offenses, the defendant can be convicted of the offense proven. Section 10. Place of commission of the offense GENERAL RULE: A complaint or information is sufficient if it appears from the allegation that the offense was committed or some of its essential ingredients occurred at some place, within the territorial jurisdiction of the court.
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If one or more elements of the offense have not been alleged in the information, the accused cannot be convicted of the offense charged, even if the missing elements have been proved during the trial. Even the accuseds entering a plea of guilty to such defective information will not cure the defect, nor justify his conviction of the offense charged.
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RULE 111 PROSECUTION OF CIVIL ACTION Section 1. Institution of criminal and civil actions GENERAL RULE: The institution or filing of the criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged. EXCEPTIONS: Where institution of criminal liability does not include civil liability the offended party WAIVES the civil action; he RESERVES his right to institute the civil action separately; or he INSTITUTES THE CIVIL ACTION PRIOR TO THE CRIMINAL ACTION. The employer may not be held civilly liable for quasidelict in the criminal action as ruled in Maniago v. Court of Appeals since quasi-delict is not deemed instituted with the criminal. If at all, the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code. WHEN RESERVATION SHALL BE MADE: a. Before the prosecution starts to present its evidence; and b. Under circumstances affording the offended party a reasonable opportunity to make such reservation. INSTANCES WHERE NO RESERVATION SHALL BE ALLOWED 1. Criminal action for violation of BP 22 unless a separate civil action has been filed before the institution of the criminal action, no such civil action can be instituted after the criminal action has been filed as the same has been included therein.
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VENUE IS JURISDICTIONAL The court has no jurisdiction to try an offense committed outside its territorial jurisdiction. It cannot be waived or changed by the agreement of the parties or by consent of the defendant. Section 16. Intervention of the offended party in criminal action GENERAL RULE: Offended party has the right to intervene by counsel in the prosecution of the criminal action where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111. EXCEPTIONS: 1. Where from the nature of the crime and the law defining and punishing it, no civil liability arises in favor of the offended party; 2. Where the offended party has waived the right QuickTime and a decompressor TIFF (Uncompressed) to civil indemnity; or are needed to see this picture. 3. Where the offended party has already instituted an action. Where the offended party withdrew a reservation to file a separate civil action, the private prosecutor may still intervene in the prosecution of the criminal case, by conducting the examination of witnesses under the control of the prosecutor.
Primacy of Criminal Action over Civil Action After the filing of the criminal action, the civil action which has been reserved cannot be instituted until final judgment has been rendered in the criminal action If the civil action is instituted before the criminal action and the criminal action is subsequently commenced, the pending civil action shall be suspended until final judgment of the criminal action has been rendered. EXCEPTIONS: 1. In cases of independent civil actions based upon Article 32, 33, 34 and 2176 of the Civil Code; 2. In cases where the civil action presents a prejudicial question; and 3. Where the civil action is not one intended to enforce the civil liability arising from the offense. CONSOLIDATION OF CRIMINAL AND CIVIL CASES Before judgment on the merit is rendered in the civil action, the same may, upon motion of the offended party be consolidated with the criminal action in the court trying the criminal action. This is a modification on the rule on primacy of criminal action. The consolidation must be effected in the criminal court, irrespective of the nature of the offense, the amount of the civil claim or the rank of the court trying the civil case. In cases where consolidation is given due course, the QuickTime and a TIFF (Uncompressed) decompressor evidence presented and admitted in the civil case are needed to see this picture. shall be deemed automatically reproduced in the criminal action. The consolidated criminal and civil cases shall be tried and decided jointly. NOTE: Article 29 of the Civil Code merely emphasizes that a civil action for damages is not precluded by the acquittal of an accused for the same
RULE 112 PRELIMINARY INVESTIGATION Section 1. Preliminary investigation defined; when required PRELIMINARY INVESTIGATION It is an inquiry or proceeding to determine whether there exists sufficient ground to engender a wellfounded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial.
There is NO right of preliminary investigation when a person is lawfully arrested without a warrant unless there is a waiver of the provisions of Article 125 of the Revised Penal Code. HOWEVER, THE ACCUSED CAN ASK FOR PRELIMINARY INVESTIGATION IN THE FOLLOWING CASES: 1. If a person is arrested, he can ask for preliminary investigation BEFORE the filing of the complaint/ information BUT he must sign a waiver in accordance with Article 125, RPC. 2. AFTER the filing of the information/ complaint, the accused may, within 5 days from the time he learns of its filing ask for preliminary investigation. NOTE: This Rule has been partially amended by AM 05-0-8-26-SC. The amendments took effect on October 3, 2005. The amendment removed the conduct of preliminary investigation from the judges of the first level courts. Section 2. Officers authorized preliminary investigation to conduct
OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION 1. provincial or city prosecutor and their assistants 2. National and regional state prosecutors 3. Such other officers as may be authorized by law such as the COMELEC, Ombudsman and PCGG 4. Judges of RTCs No longer authorized to conduct PI: By implication, MTC judges in Manila and in chartered cities have not been granted the authority
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If subpoena is issued, respondent shall submit a counter-affidavit and other supporting documents within 10 days from receipt thereof.
Hearing (optional). It shall be held within 10 days from submission of counter-affidavits or from the expiration of the period of their submission.
Resolution of investigating prosecutor. If respondent cannot be subpoenaed, or if subpoenaed but does not submit his counter-affidavit within 10 days, investigating officer shall resolve the complaint based on the evidence presented by the complainant. RIGHTS OF RESPONDENT IN A PRELIMINARY INVESTIGATION: 1. To submit counter-affidavit. 2. To examine the evidence submitted by the complainant 3. To be present in the clarificatory hearing. NOTE: The Rules does not require the presence of the respondent in the Preliminary Investigation. What is required is that he be given the opportunity to controvert the evidence of the complainant by submitting counter-affidavits. Section 4. Resolution of investigating prosecutor and its review Resolution of investigating prosecutor and its review After having filed the information, the prosecutor is called upon to prosecute the case in court. It has
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Within 5 days from resolution, forward the record of the case to 1) provincial or city prosecutor; 2) chief state prosecutor; 3) Ombudsman or his deputy, in cases cognizable by the Sandiganbayan in the exercise of its original jurisdiction.
The abovementioned officers shall act on the resolution within10 days from receipt thereof and shall immediately inform the parties of such action.
HE SHALL CERTIFY UNDER OATH IN THE INFORMATION THAT: 1. he or an authorized officer personally examined the complainant and his witnesses; 2. there is reasonable ground a crime has been committed and the accused is probably guilty thereof; 3. the accused was informed of the complaint and the evidence against him; and 4. the accused was given an opportunity to submit controverting evidence. QuickTime and a No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or the Ombudsman or his deputy. EFFECTS OF EXCLUSION OF OTHER PERSONS FROM THE INFORMATION 1. If during the trial, evidence is shown that such persons should have been charged, the fact
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These amendments shall take effect on October 3, 2005 following their publication in a newspaper of general circulation not later than September 15, 2005. Section 6. When warrant of arrest may issue WHEN WARRANT OF ARREST MAY ISSUE If the judge finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused had already been arrested and hold him for trial. If the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of warrant of arrest. Judges of the RTCs and inferior courts need not personally examine the complainant and his witnesses in the determination of probable cause for the issuance of the warrant of arrest. He is only required to: 1. Personally evaluate the report and supporting documents submitted by the prosecutor; 2. On the basis of the report, he may: a. Dismiss b. Issue a warrant c. Require further affidavits INVALID: A warrant issued by the judge solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining the existence of probable cause by independently examining sufficient evidence submitted by the parties during the Preliminary Investigation. Effect of a finding of probable cause It merely binds over the suspect to stand trial. It is not a pronouncement of guilt. WHAT THE ACCUSED, WHO BELIEVES THAT THERE IS NO PROBABLE CAUSE TO HOLD HIM FOR TRIAL, MAY DO: 1. to file with the trial court a motion to dismiss on QuickTime and a TIFF (Uncompressed) such ground or for decompressor the determination of are needed to see this picture. probable cause. 2. if the warrant of arrest has been issued, the accused may file a motion to quash the arrest warrant or to recall the same on the ground of lack of probable cause. Where an information has already been filed in court, and the Secretary of Justice reversed the prosecutors finding of probable cause, what
RULE 113 ARREST Section 1. Definition of Arrest ARREST It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
1. When the person is engaged in the commission of an offense; or 2. Pursued immediately after its commission; or 3. Has escaped, flees; or 4. Forcibly resists before the officer has opportunity to so inform him; or 5. When giving of such information will imperil the arrest. Section 9. Method of arrest by private person When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the cause of the arrest. EXCEPTIONS: 1. The person to be arrested is engaged in the commission of an offense; or 2. Pursued immediately after its commission; or 3. Has escaped, flees; or 4. Forcibly resists before the officer has opportunity to so inform him; or 5. When giving of such information will imperil the arrest. Section 10. Officer may summon assistance Arresting officer may orally summon as many persons as he deems necessary to assist him in effecting the arrest. NOTE: This rule does not cover a private individual making an arrest. Section 11. Right of officer to break into building or enclosure REQUISITES BEFORE AN OFFICER CAN BREAK INTO A BUILDING OR ENCLOSURE TO MAKE AN ARREST: 1. That the person to be arrested is or is reasonably believed to be in the said building; 2. That he has announced his authority and purpose for entering therein; 3. That he has requested and been denied admittance. NOTE: Rule is applicable both where there is a warrant and where there is a valid arrest without a warrant. Section 12. Right to break out of the building or enclosure to effect release
Does not apply during in-custody investigation, nor can it prevail over the constitutional right of the accused to be presumed innocent. 4. The arresting officer may be held civilly liable for damages under Art. 32 of the Civil Code. The very nature of Art. 32 is that the wrong may be civil or criminal. It is not necessary that there should be malice or bad faith. 5. On Civil Procedure: Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. Section 8 Rule 15 provides that subject to the provisions of Section 1 Rule 9, a motion attacking a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that these rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings. Moreover, the omnibus motion rule applies to motions to quash. 6. Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest, lack of or irregular preliminary investigation. This is an abandonment of the Cojuangco, Jr. v. Sandiganbayan ruling.
RULE 114 BAIL Section 1. Bail defined BAIL It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of a corporate surety, property bond, cash deposit or recognizance.
REQUIRING ARRAIGNMENT BEFORE GRANT OF BAIL IS NOT VALID BECAUSE: a. The trial court could ensure the presence of the accuse at the arraignment precisely by granting bail and ordering his presence at any stage of the proceedings such as arraignment (Sec. 2[b], Rule 114); b. The accused will be placed in a position where has to choose between filing a motion to quash and thus delay his release on bail and foregoing the filing of a motion to quash so that he can be arraigned at once and thereafter be released on bail. (Lavides v. Court of Appeals, 324 SCRA 321) Section 2. Condition of the Bail; Requirements THE SURETYS LIABILITY COVERS ALL THESE 3 STAGES: a. trial b. promulgation c. the execution of the sentence. Unless the court directs otherwise, the bail bond posted by an accused remains in force at all stages of the case until its final determination. The accused shall appear before the proper court whenever required by the court or rules. Failure of the accused to appear at the trial without justification despite due notice shall be deemed a waiver of his right to be present thereat. The trial may proceed in absentia. The bondsman shall surrender the accused to court for execution of the final judgment. If the accused presents his notice of appeal, the trial court will order the accused to be taken into custody in the absence of a new bail bond on appeal duly approved by the court. If the accused does not appeal, the bondsman must produce the accused on the 15th day from promulgation of sentence for service of sentence. Yap v. CA and the People, G.R. No. 141529 (2001) The prohibition against requiring excessive bail is enshrined in the Constitution. The obvious rationale is that imposing bail in an excessive amount could render meaningless the right to bail. The court has wide latitude in fixing the amount of bail. Where it fears that the accused may jump bail, it is certainly not precluded from installing devices to ensure against the same. Options may include increasing the bail bond to an appropriate level, or requiring the
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As bail is intended to obtain or secure ones provisional liberty, the same cannot be posted before custody over him has been acquired by the court.
speedy, lest the purpose for which it is available is rendered nugatory. Right to bail may be waived. BAIL IN COURT-MARTIAL OFFENSES: The right to bail of an accused military personnel triable by courts-martial does not exist, as an exception to the general rule that an accused is entitled to bail except in a capital offense where the evidence of guilt is strong. RATIONALE: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail. The right to bail is not available to military personnel or officer charged with a violation of the Articles of War. (Aswat v. Galido, 204 SCRA 205) Notice of hearing required: Whether bail is a matter of right or of discretion, reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail, the judge is required to take into account a number of factors such as the applicants character and reputation, forfeiture of other bonds or whether he is a fugitive from justice. Hearing is not required if bail is recommended by prosecution and it is a matter of right. Summary of the evidence for the prosecution The courts order granting or refusing bail must contain a summary of the evidence for the prosecution, otherwise the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judges evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense. It would be premature, not to say incongruous, to file a petition for bail for someone whose freedom has yet to be curtailed. Section 5. Bail, when discretionary 1. Not entitled to bail: An accused who has been convicted of an offense which carries a penalty of more than 20 years is not entitled to bail during the pendency of his appeal. An accused who is convicted of a capital offense is no longer entitled to bail on
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Section 12. Qualifications of sureties in property bond QUALIFICATIONS: a. Each must be a resident owner of real property within the Philippines; b. Where there is only one surety, his real estate must be worth at least the amount of the undertaking; c. If there are two or more sureties, each may justify in an amount less than that expressed in the undertaking but the aggregate of the justified sums be equivalent to the whole amount of the bail demanded. d. Every surety must be worth the amount specified in his own undertaking over and above all just debts, obligations and properties exempt from execution. Section 13. Justification of Sureties BEFORE ACCEPTING A SURETY OR BAIL BOND, THE FOLLOWING REQUISITES MUST BE COMPLIED WITH: a. photographs of the accused; b. affidavit of justification; c. clearance from the Supreme Court; d. certificate of compliance with Circular No. 66 dated September 19, 1996; e. authority of the agent; and f. current certificate of authority issued by the Insurance Commissioner with a financial statement showing the maximum underwriting capacity of the surety company. NOTE: The purpose of requiring the affidavit of qualification by the surety before the judge is to enable the latter to determine whether or not the surety possesses the qualification to act as such, especially his financial worth as required in the previous section. Section 14. Deposit of cash as bail The accused or any person acting on his behalf may deposit cash with the nearest collector of internal revenue or provincial, city or municipal treasurer the amount of bail fixed by the court or recommended by the prosecutor who investigated or filed the case. The trial judge has no authority to strictly require that only cash bond, instead of a surety bond, be deposited for the provisional release of the accused. Section 15. Recognizance
one, in which case he may be released on his own recognizance. 3. In case of a youthful offender held for physical or mental examination, trial or appeal, if unable to furnish bail and under the circumstances provided by P.D. 603, as amended. 4. A person who has been in custody for a period equal to or more than the possible maximum imprisonment prescribed for the offense charged, without prejudice to the continuation of the trial or the proceedings on appeal. 5. A person accused of an offense with a maximum penalty of destierro shall be released after 30 days of preventive imprisonment. Reduced Bail A person in custody for a period to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the Indeterminate Sentence Law or any modifying circumstance, shall be released on a reduced bail or on his own recognizance at the discretion of the court. Section 17. Bail, where filed WHERE BAIL IS FILED: 1. May be filed with the court where the case is pending; or 2. In the absence or unavailability of the judge thereof, with the regional trial judge or any inferior court judge in the province, city or municipality; 3. If the accused was arrested in a province, city or municipality other than the case is pending, bail may be filed with the RTC of the said place or if no judge is available, with any inferior court judge therein; 4. Where bail is a matter of discretion or the accused seeks to be released on recognizance, it may only be filed in the court where the case is pending, whether on trial or appeal; 5. Any person not yet charged in court may apply for bail with any court in the province, city or municipality where he is held; 6. If the accused was convicted and the nature of the offense changed from non-bailable to bailable, the application can be made with and resolved by the appellate court. A judge presiding in one branch has no power to grant bail to an accused who is being tried in another branch presided by another judge who is not absent or unavailable, and his act of releasing him on bail
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satisfactory explanations for the nonappearance of the accused when first required by the trial court to appear. Compliance with the first requisite without meeting the second requisite will not justify non-forfeiture of a bail bond or reduction of liability. Failure to PRODUCE the body of the principal or give a reason for his nonproduction and EXPLAIN why the accused did not appear before the court when first required to do so, the court shall render a judgment against the bondsmen, jointly and severally for the amount of the bail. The period of 30 days cannot be shortened by the court but may be extended for good cause shown. Order of Forfeiture vs. Order of Confiscation ORDER OF ORDER OF FORFEITURE CONFISCATION Conditional and Not independent of the interlocutory. It is not order of forfeiture. It is a appealable judgment ultimately determining the liability of the surety thereunder and therefore final. Execution may issue at once. Section 22. Cancellation of bail BAIL IS CANCELLED: 1. Upon application of the bondsmen with due notice to the prosecutor, upon surrender of the accused or proof of his death; 2. Upon acquittal of the accused; 3. Upon dismissal of the case; or 4. Execution of judgment of conviction. Without prejudice to any liability on the bail. Section 23. Arrest of accused out on bail The bondsmen who put the bail bond for the accused become the jailers and they or the police officer to whom authority is endorsed may arrest the accused for the purpose of surrendering him to the court. The accused cannot leave the country without the permission of the bondsmen and the court. HOW SURETIES MAY BE RELIEVED FROM RESPONSIBILITY OVER THE ACCUSED: 1. Arrest the principal and deliver him to the proper authorities.
RULE 115 RIGHTS OF ACCUSED The rule enumerates the rights of a person accused of an offense, which are both constitutional as well as statutory, save the right to appeal which is purely statutory in character DUE PROCESS 1. Substantive considers the intrinsic validity of the law 2. Procedural based on the principle that a court hears before it condemns. Requirement of notice and hearing. Section 1. Rights of accused at trial A. TO BE PRESUMED INNOCENT In all criminal prosecutions, the accused is presumed innocent until the contrary is proved beyond reasonable doubt. The conviction should be based on the strength of the prosecution and not on the weakness of the defense, an accusation is not synonymous with guilt. REASONABLE DOUBT It is the doubt engendered by an investigation of the whole proof and inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense. REASON: the slightest possibility of an innocent man being convicted for an offense he has not committed for an offense he has not committed would be far more dreaded than letting a guilty person go unpunished or for a crime he may have perpetrated. EQUIPOSE RULE
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People v. Mingoa, 92 Phil 856 (1953) The legislature may enact that when certain facts have been proved, they shall be prima facie evidence of the existence of guilt of the accused and shift the burden of proof provided there be a rational connection between the facts proved and the ultimate fact presumed so that the inference of the one from proof of the other is not unreasonable and arbitrary experience. In cases of self defense, the person who invokes self defense is presumed guilty. In this case a REVERSE TRIAL will be held. B. TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM The right requires that the information should state the facts and the circumstances constituting the crime charged in such a way that a person of common understanding may easily comprehend and be informed of what it is about. People v. Ortega, 276 SCRA 166 (2003) An accused may not be convicted of an offense unless it is clearly charged in the complaint or information. To convict him of an offense other than that charged in the complaint or information would be a violation of this constitutional right. When a person is charged in a complaint with a crime and the evidence does not show that he is guilty thereof, but does show that he is guilty of some other crime or a lesser offense, the court may sentence him for the lesser offense, PROVIDED that the lesser offense is a cognate offense and is included in the complaint filed in court. The qualifying or aggravating circumstances must be ALLEGED and PROVED in order to be considered by the court. C. TO BE PRESENT AND DEFEND IN PERSON AND BY COUSEL AT EVERY STAGE OF THE PROCEEDING PRESENCE OF THE ACCUSED IS REQUIRED
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Effect of Refusal of Accused to Testify GENERAL RULE: Silence should not prejudice the accused. EXCEPTION: Unfavorable inference is drawn when: 1. the prosecution has already established a prima facie case, the accused must present proof to overturn the evidence 2. the defense of the accused is an alibi and he does not testify, the interference is that the alibi is not believable. G. RIGHT TO CONFRONT AND CROSS EXAMINE WITNESSES AGAINST HIM AT TRIAL (RIGHT OF CONFRONTATION)
The right to a speedy trial is intended to avoid oppression and to prevent delay by imposing on the courts and on the prosecution an obligation to proceed with reasonable dispatch. FACTS CONSIDERED TO DETERMINE IF RIGHT TO SPEEDY TRIAL HAS BEEN VIOLATED 1. length of the delay
1. 2. 3. 4.
plea bargaining stipulation of facts marking and identification of evidence waiver of objections to admissibility of evidence 5. such other matters as will promote a fair and expeditious trial Time Limit for Trial in Criminal Cases Shall not exceed 180 days from the first day of trial, however the rule is not absolute. The EXCEPTIONS: 1. those governed by the Rules on Summary Procedure 2. where the penalty prescribed by law does NOT exceed 6 months imprisonment or a fine of P1,000 or both 3. those authorized by the Chief Justice of the SC Period of Arraignment of Accused Within 30 days from the filing of the information, or from the date the accused appealed before the justice/judge/court in which the charge is pending, whichever date last occurs. When Shall Trial Commence After Arraignment Within 30 days from arraignment, HOWEVER, it may be extended BUT only: 1. for the 180 days for the first 12 calendar month period from the effectivity of the law 2. 120 days for the second 12 month period 3. 80 days for the third 12 month period
RULE 116 ARRAIGNMENT AND PLEA ARRAIGNMENT It means for bringing the accused into court and informing him of the nature and cause of the accusation against him. Section 1. Arraignment and plea; how made HOW ARRAIGNMENT IS MADE: 1. in open court where the complaint or information has been filed or assigned for trial 2. by the judge or clerk of court 3. by furnishing the accused with a copy of the complaint or information 4. reading it in a language or dialect known to the accused 5. asking accused whether he pleads guilty or not guilty When Arraignment Should be Held
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NOTE: such may no be reviewed by the CA. THE SPEEDY TRIAL ACT OF 1998 (RA 8493) DUTY OF THE COURT AFTER THE ARRAIGNMENT OF THE ACCUSED The court SHALL order a pre-trial conference to consider the following:
2. In localities where such members of the bar are not available, any resident of the province of good repute for probity and ability. Duty of the Court to Appoint Counsel During Arraignment vs During Trial During arraignment, the court has an affirmative duty to inform the accused of his right to counsel and to provide him with one in case he cannot afford it. The court must act on its own volition unless the right is waived by the accused. During trial, it is the accused who must assert his right to counsel. The court will not act unless the accused invokes his rights. Section 8. Time for counsel de oficio to prepare for arraignment What Constitutes Reasonable Time It depends on the circumstances surrounding the case such as the gravity of the offense, complexity of the allegations, whether a motion to quash or a bill of particulars has to be filed, etc. Generally, reasonable time to prepare for trial is 215 days Generally, reasonably time to arraignment is 30 mins to 1 hour prepare for
NOTE: Counsel for the accused must expressly demand the right to be given reasonable time to consult with the accused. Only when so demanded does denial thereof constitute reversible error and a ground for new trial. Section 9. Bill of Particulars Rules for Bill of Particulars Accused must move for a bill of particulars BEFORE arraignment to enable him to properly plead and prepare for trial, otherwise it is deemed waived. The motion for bill of particulars must contain (1) the alleged defects in the complaint or information and (2) details desired. Rule 12 on Bill of Particulars applies by analogy to Bill of Particulars as provided in Sec. 9 of Rule 116. The remedy against an information that fails to allege the time of the commission of the crime with sufficient definiteness is a bill of particulars, not a motion to quash.
COUNSEL DE OFICIO He is counsel appointed by the court to represent and defend the accused in case he cannot afford to employ one himself WHO MAY BE APPOINTED COUNSEL DE OFICIO: 1. Such members of the bar in good standing who can competently defend the accused
RULE 117 MOTION TO QUASH Section 1. Time to move to quash QUASHAL VS. NOLLE PROSEQUI: The quashal of the complaint or information is different from a nolle prosequi, although both have one result, which is the dismissal of the case. A nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused. A nolle prosequi is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. It partakes of the nature of a nonuser or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution. It is not an acquittal; it is not a final disposition of the case; and it does not bar a subsequent prosecution for the same offense. Time to File Motion to Quash GENERAL RULE: A motion to quash (MTQ) may be filed by the accused at any time before the accused enters his plea. Thereafter, no MTQ can be entertained by the court. EXCEPTION: Under Sec. 9, Rule 117, which adopts the omnibus motion rule. This means that a MTQ may still be filed after arraignment on the ground (1) that the facts alleged in the information charge no offense, (2) that the court has no jurisdiction over the offense charged, (3) that the offense or penalty has prescribed, or (4) that the doctrine of double jeopardy precludes the filing of the information. Right to File MTQ Belongs Only to the Accused. There is nothing in the rules which authorizes the court or judge to motu proprio initiate a MTQ by
The fact that the allegations in the complaint or information are vague or broad, is not generally a ground for a motion to quash, the remedy being to file a motion for bill of particulars. Lack of Jurisdiction over the Person The inclusion of other grounds other than lack of jurisdiction over the person of the accused in an MTQ does not amount to voluntary submission or a waiver of such ground. Officer Filing the Information Had No Authority The prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense, otherwise the information filed by him would be invalid and can be quashed on such ground Lack of authority of the officer is not cured by silence, acquiescence or express consent or even by amendment
Rules on Prescription The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws, and municipal ordinances is governed by Act No. 3326 which took effect on December 4, 1926. Where an accused has been found to have committed a lesser offense includible within the offense charged, he cannot be convicted of the lesser offense if it has already prescribed. To hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense. The rule that if the last day falls on a Sunday or a holiday, the act can still be done the following day does not apply to the computation of the period of prescription of a crime, in which the rule is that if the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning said felony cannot be filed on the next working day, as the offense has by then already prescribed. The period of a continuing crimes prescription is counted from the latest or last act constituting the series of acts continuing the single crime. The prescriptive period of offenses penalized by special laws and ordinances is interrupted only by the filing of complaint or information This is QuickTime and a in court. TIFF (Uncompressed) decompressor without distinction are as to whether the cases are needed to see this picture. covered by the Rule on Summary Procedure. The period of prescription does not run when the offender is absent from the Philippines. Rule on Contentious Motions Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or
If the alleged defect in the complaint or information may be cured by amendment, the court shall order the amendment instead of quashing the complaint or information. However, if the prosecution fails to amend the complaint or if after the amendment the defect is still not cured, the MTQ shall be granted. A good tactical move would be to have the accused first plead to the information and thereafter file a motion to quash either before or after the prosecution has presented its evidence. Pursuant to Sec. 9 of Rule 117, an accused, even after he has entered his plea, may still move to quash the information on the ground that it does not charge an offense. If the case is dismissed on such ground, the prosecution may not be permitted to correct the information because the accused has already pleaded and to allow such amendment may place the accused twice in jeopardy. Section 5. Effect of sustaining the motion to quash EFFECTS IF MOTION TO QUASH IS SUSTAINED: 1. If the ground for the motion is either: a. Facts charged do not constitute an offense b. Officer who filed the information had no authority to do so c. Information does not conform substantially to the prescribed form d. duplicitous information The court may order that another information be filed or an amendment thereof be made, as the case may be, within a definite period. If such order is not made, or if having been made, another information is not filed within the time specified in the order or within such time as the court may order, the accused, if in custody, shall be discharged therefrom, unless he is also in custody on some other charge. 2. If the motion is based on the following grounds: a. Criminal action or liability has been extinguished
or
liability
has
been
Section 7. Former conviction or acquittal; double jeopardy KINDS OF DOUBLE JEOPARDY: 1. No person shall be put twice in jeopardy for the SAME OFFENSE 2. When an act punished by a law and an ordinance, conviction or acquittal under either shall be a bar to another prosecution for the SAME ACT IDENTITY RULE There is identity between two offenses not only when the second offense is exactly the same as the first, but also when the second offense is includes or is necessarily included in the first offense or is an attempt or frustration of thereof EXCEPTIONS TO IDENTITY RULE: 1. The graver offense developed due to supervening facts arising out of the same act or omission constituting the former charge 2. The facts constituting the graver offense became known or were discovered only after a plea was entered in the former complaint or information. 3. the plea of guilty to a lesser offense was made without the consent of the prosecutor and the offended party REQUISITES TO RAISE DOUBLE JEOPARDY: 1. first jeopardy must have attached 2. first jeopardy must have been terminated 3. the second jeopardy must be for the same offense or the second offense includes or is necessarily included in the offense charged in the first information or is an attempt or frustration thereof. REQUISITES FOR 1ST JEOPARDY TO ATTACH: 1. valid complaint or information 2. court of competent jurisdiction 3. valid arraignment 4. valid plea 5. the defendant was acquitted, convicted, or the case was dismissed without his express consent or authority. NOTE: In order to raise double jeopardy for the SAME ACT, there must be an acquittal or conviction. For double jeopardy for the SAME OFFENSE it is
Section 6. Order sustaining the motion to quash not a bar to another prosecution; exception GENERAL RULE: An order sustaining a MTQ is not a bar to another prosecution for the same offense EXCEPTIONS: When the ground for the MTQ is any of the following:
by by
GENERAL RULE: When a case is reinstated there is no need to conduct a new preliminary investigation EXCEPTIONS: Original witnesses or some of them recant their testimony, are no longer available (died) or when new witnesses have emerged Other persons are charged under the new complaint Original charge has been upgraded Criminal liability of the accused has been upgraded (ex. accomplice principal) Section 9. Failure to move to quash or to allege any ground therefor ALL THE GROUNDS FOR A MTQ ARE DEEMED WAIVED IF NOT SEASONABLY RAISED, EXCEPT: 1. Facts charged do not constitute an offense 2. Court trying the case has no jurisdiction over the offense charged 3. Criminal action or liability has been extinguished 4. double jeopardy
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WHEN DISMISSAL = ACQUITTAL: 1. Demurrer to evidence 2. Dismissal due to violation of right to speedy trial (even if dismissal was upon motion of the accused or with his express consent) Rules Regarding Without Express Consent If dismissal was upon motion of the accused or counsel, such is deemed to be with defendants express consent. Silence of the accused does not mean consent. Statement of no objection is express consent. Rules Regarding State Witnesses
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The sanctions may be in the form of reprimand, fine, or imprisonment. Inasmuch as this is similar to indirect contempt of court, the penalty for indirect contempt of court may be imposed. He court may only impose sanctions for nonappearance on counsel or the prosecutor, not on the accused. The reason why the accused is not required to appear is that to include him among the mandatory parties might violate his constitutional right to remain silent. Section 4. Pre-trial order PRE-TRIAL ORDER It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked during the pre-trial conference. Such order binds the parties and limits the trial to those matters not disposed of.
proper
hearing, unless for meritorious reasons an extension is permitted. The non-appearance of the prosecution at the trial, despite due notice, justified a provisional dismissal or an absolute dismissal depending upon the circumstances CASES WHERE TIME LIMITATION IS INAPPLICABLE: 1. Criminal cases covered by the Rule on Summary Procedure or those where the penalty does not exceed 6 months imprisonment or a fine of P1,000 as governed by the Rules on Summary Procedure 2. When the offended party is about to depart with no definite date of return 3. Child abuse cases 4. Violations of Dangerous Drugs Law 5. Kidnapping, robbing in a band, robbery against banking or financial institution, Violation of Carnapping Act and other heinous crimes REQUISITES BEFORE A TRIAL CAN BE PUT ON ACCOUNT OF THE ABSENCE OF WITNESS: 1. That the witness is material and appears to the court to be so; 2. that the party who applies has been guilty of no neglect; 3. that the witnesses can be had at the time to which the trial is deferred and incidentally that no similar evidence could be obtained; 4. that an affidavit showing the existence of the above circumstances must be filed. REMEDIES OF ACCUSED WHERE A PROSECUTING OFFICER WITHOUT GOOD CAUSE SECURES POSTPONEMENTS OF THE TRIAL OF A DEFENDANT AGAINST HIS PROTEST BEYOND A REASONABLE PERIOD OF TIME: 1. Mandamus to compel 2. if he is restrained of his liberty, by habeas corpus to obtain his freedom DUTIES OF PRESIDING JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM: 1. Adhere faithfully to the session hours prescribed by laws; 2. maintain full control of the proceedings; 3. efficiently allocate and use time and court resources to avoid court delays Section 3. Exclusions
The SC adopted the continuous trial system as a mode of judicial fact-finding and adjudication conducted with speed and dispatch so that trials are held on the scheduled dates without postponement, the factual issues for trial well-defined at pre-trial and the whole proceedings terminated and ready for judgment within 90 days from the date of initial
Accused may have his witness examined conditionally in his behalf BEFORE trial upon motion with notice to all other parties: SUCH MOTION MUST STATE: 1. Name and residence of the witness; 2. substance of testimony; 3. witness is so sick to afford reasonable ground to believe that he will not be able to attend the trial OR resides more than 100km and has no means to attend the same or other similar circumstances Section 13. Examination of defense witness; how made DEPOSITION It is the testimony of a witness taken upon oral questions or written interrogatories, in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution.
PURPOSE OF TAKING DEPOSITIONS: 1. Greater assistance to the parties in ascertaining the truth and checking and preventing perjury 2. Provide an effective means of detecting and exposing false, fraudulent claims and defenses 3. Make available in a simple, convenient and inexpensive way, facts which otherwise could not be proved except with greater difficulty 4. Educate the parties in advance of trial as to the real value of their claims and defenses thereby encouraging settlements 5. Expedite litigation 6. Prevent delay 7. Simplify and narrow the issues 8. Expedite and facilitate both preparation and trial WHO SHOULD MAKE THE EXAMINATION? 1. judge; 2. a member of the Bar in good standing so designated by the judge; 3. before an inferior court designated in the order of a superior court Section 14. Bail to secure appearance of material witness
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Conducted before any judge, member of the bar in good standing or before any inferior court No right to crossexamine QuickTime and a be made even if May be made if the Cannot TIFF (Uncompressed) decompressor are n eeded to s ee this picture. witness resides more the witness resides more than 100km from the than 100km from the place of trial place of trial Section 16. Trial of several accused When two or more defendants are jointly charged with any offense, they shall be tried jointly, unless the
trial court may be challenged in a petition for certiorari and prohibition. A discharge under the original information is just as binding upon the subsequent amended information, since the amended information is just a continuation of the original. The subsequent amendment of the information does not affect the discharge of an accused as a state witness because the amended information is not anew information but is a continuation of the original proceeding. GENERAL RULE: A co-conspirator may testify against the other coconspirator even if not done clandestinely PROVIDED it must be received by court with caution and must be substantially corroborated in its material points. The EXCEPTION to this rule is even if uncorroborated but the testimony was given in a straightforward manner and it contains details which could not have been the result of deliberate afterthought. It is not necessary that there be a hearing of the motion to discharge as long as the court is able to receive evidence for and against the discharge of an accused to become a witness. (People v Sunga) GENERAL RULE: The discharge of an accused to be a state witness amounts to an acquittal and is a bar to future prosecution for the same offense. Where an accused has been discharged to be utilized as state witness and he thus testified, the fact that the discharge was erroneous as the conditions for discharge were not complied with did not thereby nullify his being precluded from re-inclusion in the information or from being charged anew for the same offense or for an attempt or frustration thereof, or for crimes necessarily included in or necessarily including those offense. EXCEPTIONS: a. If accused fails or refuses to testify against the co-accused; b. If he was granted immunity and fails to keep his part of the agreement, his confession of his participation in the commission of the offense is admissible in evidence against him.
Any question against the order of the court to discharge an accused to be used as state witness must be raised in the trial court; it cannot be considered on appeal. Where there is, however, a showing of grave abuse of discretion, the order of the
RULE 120 JUDGMENT Section 1. Judgment; definition and form JUDGMENT It is an adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and is regarded as the sentence of the law pronounced by the court on the action or question before it. REQUISITES OF A JUDGMENT: QuickTime and a TIFF (Uncompressed) decompressor 1. Written in official language are needed to see this picture. 2. Personally and directly prepared by the judge 3. Signed by him 4. Contains clearly and distinctly a statement of the facts and the law upon which it is based. A verbal order does not meet the requisites. As such, it can be rescinded without prejudicing the rights of the accused. It has no legal force and effect.
It is the reading of the judgment or sentence in the presence of the accused and the judge of the court who rendered it. Rules on Promulgation of Judgment Judgment must be rendered and promulgated during the incumbency of the judge who signed it The judgment must be read in its entirety for double jeopardy to attach The presence of counsel during promulgation is not necessary Generally, the accused must be present during promulgation of judgment. (but see the following exceptions to this general rule) INSTANCES OF PROMULGATION IN ABSENCIA 1. Judgment is for a light offense, in which case judgment may be promulgated in he presence of counsel for the accused or a representative. 2. Accused fails to attend the promulgation despite due notice or if he jumped bail or escaped form prison. Notice must be given to the bondsmen, warden, accuseds bailor and counsel. How Promulgation In Absencia is Conducted Promulgation shall be made by recording the judgment in the criminal docket and serving the accused a copy thereof at his last known address or through his counsel. If judgment is one of conviction and the accused is absent without justifiable cause, the court shall order his arrest and he shall lose the remedies available in the Rules against the judgment. However, the accused may surrender and file a motion for leave of court to avail of these remedies within 15 days from promulgation of judgment. If such motion is granted, he may avail of these remedies within 15 days from notice of such order granting the motion. Section 7. Modification of judgment Upon motion of the accused, a judgment of conviction may be modified or set aside before it becomes final or before appeal is perfected. NOTE: The prosecutor cannot ask for the modification of the judgment, because the rules are clear that modification is only upon motion of the accused
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An offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form part of those constituting the latter. Section 6. Promulgation of judgment PROMULGATION OF JUDGMENT IN CRIMINAL CASES
PROBATION The period to file an application for probation is after the accused shall have been convicted by the trial court and within the period for perfecting an appeal. Probation is a mere privilege and is revocable before final discharge of the probationer by the court. The basis of the coverage of the Probation Law is gravity of the offense. Fixing the cut-off at a maximum term of 6 years imprisonment is based on the assumption that those sentenced to higher penalties pose too great a risk to society, not just because of their demonstrated capability for serious wrongdoing but because of the gravity of serious consequences of the offense they might further commit. OFFENDERS DISQUALIFIED FROM PROBATION 1. Those sentenced to serve a maximum term of imprisonment of more than 6 years 2. Those charged with subversion or any crime against national security or public order 3. Those previously convicted by final judgment of an offense punished by imprisonment not less than 1 month and 1 day and/or a fine not less than P200 4. Those who have been once on probation 5. Those who are already serving sentence at the time the Probation Law of 1976 became applicable WHEN THE COURT SHOULD DENY PROBATION 1. Offender is in need of treatment that can be provided most effectively by his commitment to an institution 2. There is an undue risk that offender will commit another crime during the period of probation 3. When probation will depreciate the seriousness of the crime SENTENCE IMPOSED Not more than 1year More than 1 year Fine only, but offender serves subsidiary imprisonment PERIOD OF PROBATION Not more than 2 years Not more than 6 years At least equal to the number of days of subsidiary imprisonment but not more than twice such period
Proper only AFTER rendition or promulgatio n of judgment (15 days from promulgatio n of judgment)
Once the appeal is perfected, the trial court steps out of the case and the appellate court steps in. When new material evidence has been discovered, the accused may file a motion for new trial with the appellate court. TRIAL COURT LOSES JURISDICTION OVER ITS SENTENCE EVEN BEFORE THE LAPSE OF 15 DAYS 1. when the defendant voluntarily submits to the execution of the sentence 2. when the defendant perfects his appeal.
The moment the appeal is perfected the court a quo loses jurisdiction over it, except for the purpose of correcting clerical errors Section 2. Grounds for new trial GROUNDS FOR A NEW TRIAL IN CRIMINAL CASES 1. errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial (errors of law or irregularities) 2. new and material evidence discovered which the accused could not with reasonable diligence have been discovered and produced at the trial and which if introduced and admitted would probably change the judgment (newly discovered evidence) 3. other grounds which the court may determine in the exercise of its discretion REQUISITES BEFORE A NEW TRIAL MAY BE GRANTED ON THE GROUND OF NEWLY DISCOVERED EVIDENCE 1. that the evidence was discovered after trial 2. that such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence
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made at the instance of the accused or upon the initiative of the court but with the consent of the accused
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may be made at the instance of either party who can thereafter present additional evidence
grant by the court of reconsideration should require no further proceedings, such as taking of additional proof. Section 4. Form of motion and notice to the prosecutor. FORM OF MOTION RECONSIDERATION 1. 2. 3. 4. FOR NEW TRIAL OR
in writing filed in court state the grounds on which it is based if based on newly discovered evidence (for new trial), must be supported by affidavits of witnesses by whom such evidence is expected to be given or authenticated copies of documents to be introduced in evidence
Notice of the motion for new trial or reconsideration should be given to the prosecutor. Upon receipt of the motion for new trial/reconsideration, the court should conduct a hearing regarding the motion in order to determine the merits of the motion. While the rule requires that an affidavit of merits be attached to support a motion for new trial based on newly discovered evidence, the defect or lack of it may be cured by testimony under oath of the defendant at the hearing of the motion (Paredes v Borja, 3 SCRA 495). Section 5. Hearing on motion The purpose of hearing is to determine whether the new trial is requested should be granted or not. Section 6. Effects of granting a new trial or reconsideration EFFECTS OF GRANTING A NEW TRIAL OR RECONSIDERATION a. When a new trial is granted on the ground of errors of law or irregularities committed during the trial, all proceedings and evidence affected thereby shall be set aside and taken anew. The court may, in the interest of justice, allow the introduction of additional evidence. b. When a new trial is granted on the ground of newly-discovered evidence, the evidence already adduced shall stand and the newlydiscovered and such other evidence as the court may, in the interest of justice, allow to be introduced shall be taken and considered
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RECANTATION
Section 3. Ground for reconsideration GROUNDS FOR RECONSIDERATION 1. errors of law 2. errors of fact in judgment The principle underlying this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from being taken. The
RULE 122 APPEAL Section 1. Who may appeal. APPEAL A proceeding for review by which the whole case is transferred on the higher court Appeal is not a part of due process except when provided by law or by the Constitution. It is statutory and must be exercised in accordance with the procedure laid down by law. It is compellable by mandamus. GENERAL RULE: An appeal by the prosecution from the order of dismissal is not allowed because it will violate the rule on double jeopardy. EXCEPTIONS: 1. The dismissal is made upon the motion or with the express consent of the defendants QuickTime and a TIFF (Uncompressed) decompressor 2. The dismissal is not an acquittal or based upon are needed to see this picture. consideration of the evidence or the merits of the case 3. Question to be passed upon by the appellate court is purely legal so that should the dismissal be found incorrect, the case would be remanded to the court of origin for further proceedings
Section 2. Where to appeal Section 3. How appeal taken FROM DECISION OF MTC, from a case decided in its original jurisdiction APPEAL TO CA HOW File a notice of appeal with the MTC and serve a copy of the notice to the adverse party File a notice of appeal with the RTC and serve a copy of the notice to the adverse party
RTC in the exercise of its original jurisdiction for an imposed penalty less than reclusion perpetua, life imprisonment (and death) RTC in the exercise of its appellate jurisdiction RTC where the penalty imposed is reclusion perpetua of life imprisonment, OR where a lesser penalty is imposed for offenses committed on the same occasion or which arose out of the same occurrence
CA
CA
CA
File a petition for review with the CA under Rule 42 Automatic review
Sandiganbayan
SC
Sandiganbayan in its original jurisdiction where penalty imposed is (death) reclusion perpetua Sandiganbayan in its appellate jurisdiction where penalty imposed is (death), reclusion perpetua, or life imprisonment
SC
SC
FROM A JUDGMENT CONVICTING THE ACCUSED, TWO APPEALS MAY ACCORDINGLY BE TAKEN: 1. The accused may seek a review of said judgment as regards both civil and criminal actions 2. The complainant may appeal only with respect to the civil action either because the lower court has refused or failed to award damages or because the award made is unsatisfactory to him A judgment of acquittal becomes final immediately after promulgation. It cannot even be the subject of certiorari. The reason for this rule is that an appeal would place the accused in double jeopardy. However, the offended party may appeal the civil aspect of the case. GENERAL RULE: are needed to see this picture. A private prosecutor in a criminal case has NO authority to act for the People of the Philippines before a court on appeal; it is the governments counsel, the Solicitor General who appears in criminal cases or their incidents before the Supreme Court. At the very least, the Provincial Fiscal himself, with the conformity of the Solicitor General shall act for the People of the Philippines.
QuickTime and a TIFF (Uncompressed) decompressor
RULE 123 PROCEDURE IN MUNICIPAL TRIAL COURTS Section 1. Uniform procedure GENERAL RULE The procedure in the Regional Trial Court shall be applicable to the procedure in Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Court. EXCEPTIONS 1. Particular provision is made applicable only to either of such courts 2. In cases governed by the Rule on Summary Procedure
RULE 124 PROCEDURE IN THE COURT OF APPEALS COURT OF APPEALS The Court of Appeals has no jurisdiction without judgment of conviction. The Court of Appeals shall give precedence in the disposition of appeals of accused who is under detention. It shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties.
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GROUNDS FOR DISMISSAL OF APPEAL 1. Failure on the part of the appellant to file his brief within the reglementary period, except when he is represented by counsel de oficio 2. Escape of the appellant from prison 3. Appellant jumps bail 4. Flight of the appellant to a foreign country during the pendency of the appeal NOTE: Ground (1) is deemed abandonment of appeal, grounds (2) (3) (4) are deemed failure to prosecute EFFECT OF FAILURE TO PROSECUTE APPEAL 1. judgment of the court below becomes final 2. accused cannot be afforded the right to appeal unless a. he voluntarily submits to the jurisdiction of the court or b. he is otherwise arrested within 15 days from notice of judgment against him Section 9. Prompt disposition of appeals It is discretionary on the appellate court whether it will order a hearing of the case or decide the appeal solely on the evidence submitted to the trial court. If the CA chooses not to conduct a hearing, the justices composing the division deliberate on the case, evaluate the evidence and then decide. Section 10. Judgment not to be reversed or modified except for substantial error Judgment of the lower courts shall be reversed or modified only when the Court of Appeals is of the opinion that error was committed which injuriously affected the substantial rights of the appellant after it examined the record and evidence adduced by the parties. Although not often done in the judicial system, the case of People v. Calayca states that the appellate
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RULE 125 PROCEDURE IN THE SUPREME COURT Section 1. Uniform procedure Procedure in the SC in appealed cases is the same as in the CA, unless otherwise provided by the Constitution or law. Appeal the SC is not a matter of right, but a matter of sound judicial discretion A direct appeal to the SC on questions of law in cases where the penalty imposed is not reclusion perpetua or death precludes a review of the facts. Section 2. Review of decisions of the Court of Appeals
RULE 126 SEARCH AND SEIZURE Section 1. Search warrant defined SEARCH WARRANT An order in writing signed by judge in the name of the People of the Philippines commanding a peace officer to search for personal property and bring it before the court. ELEMENTS OF A SEARCH WARRANT 1. order in writing 2. signed by judge in the name of the People of the Philippines QuickTime officer and a 3. commanding a peace to search for TIFF (Uncompressed) decompressor to see this picture. are needed personal property 4. to bring the property before the court NATURE OF A SEARCH WARRANT a. It is in the nature of a criminal process and may be invoked only in furtherance of public prosecutions. It has no relation to civil processes or trials b. It is not available to individuals in the course of civil proceedings;
SEARCH WARRANT
WARRANT OF ARREST
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Valid only for 10 days May be served on any day and at any time of day or night
The judge need not conduct a personal examination of the applicant and his witnesses. He may rely on the affidavits of the witnesses and the recommendation of the prosecutor. Does not become stale To be served only during the daytime, unless affidavit alleges that the property is on the person or in the place to be searched
In general, the requirements for the issuance of a search warrant is more stringent than the requirements for the issuance of a warrant of arrest. The violation of the right to privacy produces a humiliating effect which cannot be rectified anymore. This is why there is no other justification for a search, except a warrant. On the other hand, in a warrant of arrest, the person to be arrested can always post bail to prevent the deprivation of liberty. SEARCH It is an examination of a mans house, buildings or other premises, or of his person, with a view to the discovery of some evidence of guilt to be used in the prosecution of a criminal action for some offense with which he is charged. SEIZURE It is the physical taking of a into custody; QuickTime and thing a TIFF (Uncompressed) decompressor contemplates a forcible disposition of the owner are needed to see this picture. Note: A search warrant to be valid requires strict compliance with the Constitution. Section 2 Article III of the 1987 Constitution is the constitutional basis of the rule on search and seizure Section 2. Court where application for search warrant shall be filed
The examination must be probing and exhaustive, not merely routinary or pro forma The questions must not merely be answerable by yes or no. Answers given cannot be based merely on reliable information. Application for a search warrant is heard ex-parte, there is neither a trial nor a part of the trial. Test to determine if an affidavit or testimony of the witness is based on personal knowledge is whether perjury could be charged against the witness. Probable Cause Must be in Connection with One Specific Offense The purpose of this rule is to outlaw general warrants. Otherwise, this would place the sanctity of the domicile and the privacy of communication and correspondence at the mercy of the whims, caprice or passion of peace officers. A warrant issued for the seizure of drugs connected with violation of the Dangerous Drugs Law is valid. Although there are many ways of violating the Dangerous Drugs Law, it is not a scatter shot warrant since it is in connection with only one penal law. SCATTER SHOT WARRANT It is a warrant that is issued for more than one offense. It is void, since the law requires that a warrant should only be issued in connection with one specific offense. Particularity of Description The warrant must particularly describe the place to be searched and the persons or things to be seized; The constitution requires that it be a description which particularly points to a definitely ascertainable place, so as to exclude all others. The description must be so particular that the officer charged with the execution of the warrant will be left with no discretion respecting the property to be taken. It may be said that the person to be searched is particularly described in the search warrant when his name is stated in the search warrant, or if the name is unknown, he is designated by words sufficient to enable the officer to identify him without difficulty.
REQUISITES OF PERSONAL EXAMINATION BY THE JUDGE 1. The judge must examine the witnesses personally 2. It must be under oath 3. Examination must be reduced to writing in the form of probing and searching questions. Probing and Searching Questions
Constitutional prohibition against unlawful searches and seizure applies as a restraint directed only against the government and its agencies tasked with the enforcement of the law. It could thus only be invoked against the State. Who May Question the Validity of a Search The legality of a seizure can be contested only by the party whose rights have been impaired thereby. The objection to an unlawful search and seizure is purely personal and cannot be availed by third parties. The remedy for questioning the validity of a search warrant can only be sought in the court that issued it, not in the sala of another judge of concurrent jurisdiction.
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Purpose of Provisional Remedies Provisional remedies are applied pending litigation, to secure the judgment or preserve the status quo If provisional remedies are applied for after judgment, it is in order to preserve or dispose of the subject matter. Although civil action is suspended until final judgment in the criminal case, the court is not deprived of its authority to issue preliminary and auxiliary writs which do not go into the merits of the case. Preliminary writs and auxiliary writs referred to are those such as the ff: Preliminary injunction Attachment Appointment of receiver Fixing amounts of bonds Section 2. Attachment ATTACHMENT It is a remedy afforded to the offended party to have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused CASES WHERE ATTACHMENT IS AVAILABLE: 1. When action for recovery is on a cause of action arising from law, contract, quasicontract, delict, or quasi-delict and accused is about to abscond from the Philippines; 2. When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, or any officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any person in a fiduciary capacity, or for a willful violation of duty; 3. When the accused has concealed, removed or disposed of his property or is about to do so; 4. When action is against a party guilty of fraud in contracting the debt upon which action is brought, or in the performance of incurred obligation; 5. When action is against a party who removed or disposed of his property or is about to do so, with intent to defraud his creditors; and
Section 1. Availability of provisional remedies PROVISIONAL REMEDY It is one provided for present need or one that is adopted to meet a particular exigency. PROVISIONAL REMEDIES UNDER THE RULES OF COURT: 1. Attachment (Rule 57)
Mindanao Savings, etc. vs CA, 172 SCRA 480 (1989) No notice to the adverse party or hearing on the application is necessary before a writ of preliminary attachment may issue. This may be filed at the commencement of a criminal action or at any time before entry of judgment as security for the satisfaction of any judgment that may be recovered in the aforementioned cases. Public prosecutor has the authority to apply for preliminary attachment as may be necessary to protect the interest of the offended party.
QuickTime and a TIFF (Uncompressed) decompressor are needed to see this picture.