PRACTICE COURT

i.

a)
b)

PLEA BARGAINING
c)

Plea Bargaining in criminal cases is a process

whereby the accused and the prosecution work a
mutually satisfactory disposition of the case subject
to court approval.

Issue an order to that effect;

Proceed to receive evidence on the civil
aspect of the case; and
Render and promulgate judgment of
conviction, including the civil liability or
damages duly established by the
evidence

Duty of the judge when PB fails

It usually involves the defendants pleading guilty to
a lesser offense or to only one or some of the
counts of a multi-count indictment in return for a
lighter sentence than that for the graver charge.
Sec. 2 of Rule 116 of ROC provides that at the
arraignment, the accused may plead guilty to a
lesser offense. The court shall allow the plea
provided the ff requisites concur:
a)
b)

The lesser offense is necessarily included

in the offense charged; and
The plea must be with the consent of both
the offended party and the prosecutor

The acceptance of an offer to plead guilty to a lesser

offense is not demandable by the accused as a
matter of right but is a matter addressed entirely to
the sound discretion of the trial court. Hence, the
use of the word may in the rules.
Also, the rules allow the plea of guilty to a lesser
offense after arraignment but before trial after the
accused had withdrawn his prior plea. Furthermore,
the rule on the provisions on Pre-Trial in Rule 118
indicates that plea bargaining is one of the matters
to be considered during the pre-trial stage.
However, it has been held that it may also be
considered during the trial proper and even after the
prosecution has finished presenting its evidence and
rested its case. It is immaterial that plea bargaining
was not made during the pre-trial stage or that it
was made only after the prosecution already
presented several witnesses.
It is incumbent upon a trial judge to ascertain and be
fully convinced that the plea of guilty was voluntarily
made and its consequences fully comprehended by
the accused.
Duty of the judge when PB is agreed upon
If plea bargaining is agreed upon, the court shall

When PB fails, the judge shall adopt the minutes of

the preliminary conference as part of the pre-trial
proceedings, confirm the markings of exhibits,
admissions of genuineness and due execution of
documents, list object and testimonial evidence,
scrutinize every allegation in the information,
scrutinize affidavits and documents forming parts of
the records of the preliminary investigation, define
factual issues, ask parties to agree on specific dates
for the trial, require the parties to submit the names,
addresses and contact numbers of witnesses to be
summoned, consider modification of the trial if the
accused admits the charge but interposes a lawful
defense.
No
need
for
information/complaint

amendment

ii.

IMPEACHMENT OF WITNESS

Impeachment is a technique employed usually as

part of the cross-examination to discredit a witness
by attacking his credibility. The impeachment of a
witness is to be done by the party against whom the
witness is called.
The party producing the witness is barred from
impeaching his own witness. By way of exception, if
the witness is unwilling or hostile, the party calling
him may be allowed by the court to impeach the
witness. But WON the witness is hostile is
addressed to judicial evaluation and the declaration
shall be made only if the court is satisfied that
a)
b)
c)

the witness possesses an interest

adverse to the party calling him or
there is adequate showing that the
reluctance of the witness is unjustified or
that he misled the party calling him as a
witness.

Sec. 11 of Rule 132 of ROC specifies the manner of

impeaching the witness of the adverse party

of

When there is a plea of guilty to a lesser offense

and the same was allowed by the court, there is no
need to amend the information or complaint.
A conviction under this plea shall be equivalent to a
conviction of the offense charged for purposes of
double jeopardy.
When plea of guilty to a lesser offense is not
mitigating
A plea of guilty made after arraignment and after
trial had begun does not entitle the accused to have
such plea considered as mitigating.
CASE:
An offer to enter a plea of guilty to a
lesser offense cannot be considered as an
attenuating circumstance under the provision of Art.
13 of RPC because to be voluntary, the plea of
guilty must be to the offense charged.

A witness may be impeached by the party against

whom he was called by contradictory evidence, by
evidence that his general reputation for truth,
honesty or integrity is bad, or by evidence that he
had made at other times statements inconsistent
with his present testimony, but not by evidence of
particular wrongful acts, except that it may be shown
by the examination of the witness, or the record of
the judgment, that he has been convicted of an
offense.
Impeachment by Contradictory Evidence
Normally the basis of this mode of impeachment is a
declaration made by the witness in his direct
testimony. The cross-examiners intention is to show
to the court that there were allegations made by the
witness that do not correspond to the real facts of
the case.
This mode of impeachment may also be used to
contradict conclusions made by expert witnesses
during their testimonies. Usually the adverse party
may also call another expert to testify to a contrary
conclusion.

Impeachment by Prior Inconsistent Statements

Before a witness can be impeached by evidence
that he has made at other times statements
inconsistent with his present testimony, there is a
need for laying the predicate. The elements of this
foundation is found under Sec. 13 of Rule 132 of
ROC: that the statements must be related to him,
with the circumstances of the times and places and
the persons present, and he must be asked whether
he made such statements, and if so, allowed to
explain them. If the statements be in writing, they
must be shown to the witness before any question is
put to him concerning them.

Specific Objections Objections which point out

the specific ground of the objection, and if it does
not do so, no error is committed in overruling it.

Extent of Waiver for Failure to Object

Formal Objection One directed against the
alleged defect in the formulation of the question
(ambiguous, leading, misleading, repetitious,
multiple, argumentative questions)
Substantive Objection Objection made and
directed against the very nature of the evidence
(parol, not the best evidence, hearsay privileged
communication not authenticated, opinion, res inter
alios acta)

Impeachment by showing bad reputation

Objections must be Timely

One way to impair a witness credibility is by

showing a not so pleasing reputation. However, not
every aspect of a persons reputation may be the
subject of impeachment. Evidence of bad reputation
for the purpose of impeachment should refer only to
the ff specific aspects: for truth, for honesty, or for
integrity

In order to be timely, the objection must be made at

the earliest opportunity. What the earliest
opportunity depends upon the manner the evidence
is offered.

iii.

REBUTTAL EVIDENCE

Kind of evidence which is given to explain, repel,

counteract or disprove facts given in evidence by
the adverse party. It is evidence in denial of some
affirmative case or fact which the adverse party has
attempted to prove.
Sur-rebuttal evidence
A reply to rebuttal evidence. When the plaintiff in
rebuttal is permitted to introduce new matter,
defendants should be permitted to introduce
evidence in sur-rebuttal, and to decline to permit him
to do so is error, especially when the evidence in
sur-rebuttal is for the first time made competent by
the evidence introduced by the plaintiff in rebuttal,
but defendant should ask for the right to meet the
new matter.

iv.

OBJECTIONS

General Objections Do not clearly indicate to the

judge the ground upon which the objections are
predicated. They assign no grounds to the objection.
A general objection, in including everything, actually
specifies nothing.

the witness on the very matters subject of the

prohibition.

Under Sec. 36, par. 1 of Rule 132 of the ROC, if

the evidence is offered orally, objection to the
evidence must be made immediately after the offer
is made.
Under Sec. 36, par. 2 of Rule 132 of the ROC, an
objection to a question propounded in the course of
the oral examination of the witness shall be made as
soon as the grounds therefore shall become
reasonably apparent.
Under Sec. 36, par. 3 of Rule 132 of the ROC, an
offer of evidence in writing shall be objected to
within 3 days after notice of the offer unless a
different period is allowed by the court.
Waiver of Objections
There is waiver when there is failure to point out
some defect, irregularity or wrong in the admission
or exclusion of evidence.
Failure to assert an objection promptly and
specifically is a waiver.
Evidence not objected may be deemed admitted
and may be validly considered by the court in
arriving at its judgment.
Where a continuing objection had been interposed
on prohibited testimony, the objection is deemed
waived where the objecting counsel cross-examined

When an objection to evidence is deemed waived,

the non-objecting party waives objections to its
admissibility. Hence, the evidence becomes
admissible but the waiver involves no admission that
the evidence possesses the weight attributed to it by
the offering party.
Ruling on Objections
The ruling of the court must be given immediately
after the objection is made except when the court
desires to take a reasonable time to inform itself on
the question presented. However, the court must
give its ruling during the trial and at such time as will
give a party an opportunity to meet the situation
presented by the ruling. (Sec. 38, Rule 132)
If the court fails to rule on the objection, the same
should be brought to the attention of the court.
When an objection to a question is SUSTAINED, the
judge considers the question as improper and the
witness will not be allowed to answer the question.
This means the exclusion of a testimonial evidence.
When the objection is OVERRULED, this means
that for the court, the question is proper and the
witness will be allowed to answer.

v.

MOTIONS

Motions are applications by any party for a court or

judge to give an order or ruling in favor of the
applicant. All motions are in writing except for those
motions for continuance made in the presence of
the adverse party, or those made in the course of a
hearing or trial. Notices of a motion are required to
be served by the applicant to all parties concerned
at least 3 days before the hearing thereof, together
with affidavits and other supporting papers.
Classification of Motions
Litigated Motions those made on notice to the
adverse party where he is afforded an opportunity to
resist the application

Ex parte Motions applications made to the court

on behalf of one or the other of the parties to action,
in the absence of and usually without the knowledge
of the other party/s
Special Motion one directed to the discretion of
the court and usually involves an investigation of the
facts on which the application is predicated
Motion Of Course motion for relief to which the
moving party is entitled as a matter of right and not
of discretion on the part of the court and which
requires no investigation of the truth of any
allegation or suggestion on which it is founded

his responsive pleading or to prepare for trial.

Motion must point out defects complained of
and details desired.

1.
2.
3.
4.
5.
6.
7.
8.
9.

MOTION TO DISMISS move by defendant,

filed within 15 days from receipt of summons,
to dismiss the suit filed against him based on
any of the ff grounds:
Court has no jurisdiction over the defendant or
over the SM of lawsuit
Venue is improperly laid
Plaintiff has no legal capacity to sue
There is another lawsuit pending between the
same parties for the same cause
COA is barred by a prior judgment or by the
Statute of Limitations
Complaint states no COA
Claim or demand made in complaint has been
paid, waived, abandoned or otherwise
extinguished
Claim on which lawsuit is founded is
unenforceable under provisions of Statute of
Frauds
Suit is between members of same family and
no earnest efforts towards compromised or no
prior recourse to barangay conciliation have
been made

If the requesting party is the defendant, he must file

an answer within the remaining time, but not less
than 5 days, from the date of service of the
amended complaint.
If plaintiff does not amend complaint within 10 days
after notice, Court may strike out his pleading or
make such orders as it deems just.

c)

MOTION FOR INTERVENTION made by or

on behalf of a person who has a legal interest
in a lawsuit to do one of 3 things:

1.
2.
3.

Join the plaintiff in pursuing his claim

Unite with the defendant in his defense, or
Make demands adverse to both the plaintiff
and defendant

g)

d)

MOTION FOR JUDGMENT ON THE

PLEADINGS made by the plaintiff for the
court to render a decision based solely on the
pleadings because the defendants answer
does not deny the allegations in the complaint

e)

MOTION FOR SUMMARY JUDGMENT

made by any party for the court to render a
decision based on the affidavits, stipulations,
admissions and the facts set forth in the
pleadings.
Motions That May Be Filed
During the Trial Period

f)

MOTION FOR POSTPONEMENT may be

filed by any party and must be accompanied by
an affidavit. Grounds for filing this motion:

Absence of material witness (if ill, must be

supported by a sworn medical certificate
or evidence)
Absence of party or counsel due to illness
and other causes
Withdrawal of counsel

MOTION TO DISCHARGE ACCUSED TO

BECOME A STATE WITNESS may be filed
by prosecution before resting its case.

When 2 or more persons are jointly charged with an

offense, the Court may direct one or more of the
accused to be discharged with their consent so that
they may become witnesses for the State. Grounds
for granting this motion:

The admission of a third party to the legal

proceedings is done with the permission of the
court.

IF DENIED defendant can either proceed to file an

answer or file a petition for certiorari or prohibition
on the grounds of

Grave abuse of discretion or

Courts lack or excess of jurisdiction

MOTION FOR BILL OF PARTICULARS
request by a party for a clearer and more
specific statement of allegations made by the
opposing party, to enable the former to prepare

IF DENIED defendant files answer within the

remaining time but not less than 5 days from notice
of denial

IF GRANTED complaint is dismissed

b)

IF GRANTED opposing party must file amended

pleading, citing required specific details and must
provide a copy to the requesting party.

Kinds of Motions
a)

There is absolute necessity for the

testimony of the accused whose
discharge is requested
There is no other direct evidence
available for the proper prosecution of the
crime committed except the testimony of
the accused.
Testimony of said accused can be
substantially corroborated in its material
points
Accused does not appear to be the most
guilty
Accused has not at any time been
convicted of an offense involving moral
turpitude

The discharge of the accused to become a state

witness is in effect an acquittal and bars future
prosecution. Only if a state witness refuses to testify
against his co-defendants, in accordance with his
sworn statement which was the basis of his
discharge, can he be prosecuted again for the same
offense.
h)

MOTION TO SECURE APPEARANCE OF

MATERIAL WITNESS either party may file
this motion if a material witness fails to appear

i)

MOTION TO DISMISS OR DEMURRER TO

EVIDENCE may be filed by the defense with
leave of court after prosecution rests its
case.This is a plea for the dismissal of the
case, based on insufficiency of evidence
presented.

If the motion is granted, the accused is in effect

acquitted.

If the court denies the motion for dismissal, the

accused may present evidence in his defense.
When such motion is filed without express leave of
court, the accused waives his right to present
evidence and submits the case for judgment on the
basis of prosecutions evidence.

Motions That May Be Filed

After Judgment of Conviction
n)

MOTION FOR NEW TRIAL Under the ROC,

a new trial shall be granted on any of the ff
grounds:
1.

j)

EXCLUSION OF THE PUBLIC Upon oral

motion by either side, the court may exclude
the public from the courtroom if the evidence to
be produced during the trial is of such
character as to be offensive to decency or
public morals.

When the accused moves for the exclusion of the

public, the court may grant the motion. The accused
is merely waiving his right to a public trial.
k)

l)

3.
o)

EXCLUSION OF OTHER WITNESSES An

opposing counsel may orally move for the
exclusion from the courtroom of other
witnesses of the other party while the latters
witness is testifying. This is to prevent or foil
any plans of collusion among witnesses
regarding their testimonies.
RELIEF IN CASE OF UNREASONABLE
POSTPONEMENT The accused may file a
motion for the provisional dismissal of the case
by invoking his right to a speedy trial.

If unreasonable postponements of the case result in

his detention beyond a reasonable length of time, he
is entitled to relief by a proceeding in mandamus to
compel the dismissal of the complaint or
information. The accused or others acting on his
behalf may also apply for habeas corpus to obtain
his freedom.
m)

2.

MOTION TO STRIKE A motion to strike may

be availed in the ff instances:
1.
2.
3.
4.
5.

When the answer is premature

When the answer of the witness is
irrelevant, incompetent or otherwise
improper
When the answer is unresponsive
When the witness becomes unavailable
for cross-examination through no fault of
the cross-examining party
When the testimony was allowed
conditionally and the condition for its
admissibility was not fulfilled

That errors of law have been committed

during the trial
That irregularities prejudicial to the
substantial rights of the accused have
been committed during the trial
That new and material evidence has been
discovered

STAGES
OF
WITNESSES

EXAMINATION

Section 8. Re-cross-examination. Upon the

conclusion of the re-direct examination, the adverse
party may re-cross-examine the witness on matters
stated in his re-direct examination, and also on such
other matters as may be allowed by the court in its
discretion

vii.

MOTION FOR RECONSIDERATION - A

reconsideration of the judgment shall be
granted on any of the ff grounds:
1. Errors of law in the judgment which
requires no further proceedings
2. Errors of fact which also requires no
further proceedings

vi.

supplement his answers given during the crossexamination. On re-direct-examination, questions on

matters not dealt with during the cross-examination,
may be allowed by the court in its discretion. (12)

Under Sec. 1 of Rule 113 of ROC, an arrest is the

taking of a person into custody in order that he may
be bound to answer for the commission of an
offense, or by his submission to the custody of the
person making the arrest. It has no expiry date and
remains valid until arrest is effected or warrant is
lifted.
OF

The order in which n individual witness may be

examined is as follows:

Essential requisites of a Valid WOA

1.
2.
3.

1.
2.
3.
4.

ARREST

Direct examination by the proponent

Cross-examination by the opponent
Re-direct examination by the proponent
Re-cross examination by the opponent

4.
5.

Section 5. Direct examination. Direct

examination is the examination-in-chief of a witness
by the party presenting him on the facts relevant to
the issue.
Section 6. Cross-examination; its purpose and
extent. Upon the termination of the direct
examination, the witness may be cross-examined by
the adverse party as to many matters stated in the
direct examination, or connected therewith, with
sufficient fullness and freedom to test his accuracy
and truthfulness and freedom from interest or bias,
or the reverse, and to elicit all important facts
bearing upon the issue. (8a)
Section 7. Re-direct examination; its purpose
and extent. After the cross-examination of the
witness has been concluded, he may be reexamined by the party calling him, to explain or

Issued upon probable cause

which must be determined personally by a
judge
after examination under oath or affirmation of
the complainant and the witnesses he may
produce
Warrant must particularly describe the person
to be arrested
In connection with a specific offense or crime

GR: No peace officer or person has the power or

authority to arrest anyone without a warrant except
in those cases expressly authorized by law.
EXCEPTIONS:
1.

2.

3.

When in his presence, the person to be

arrested has committed, is actually
committing or is attempting to commit an
offense in flagrante delicto arrest
When an offense has in fact just been
committed, and he has probable cause to
believe based on personal knowledge of
fact and circumstance that the person to
be arrested has committed it doctrine
of hot pursuit
When the person to be arrested is a
prisoner who has escaped from a penal

establishment or place where he is

serving final judgment or temporarily
confined while his case is pending or has
escaped while being transfereed from one
confinement to another