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In trial, the defense tries
1. 2. 3. To assail the admissibility of evidence which prove the elements of the offense charged To assail the credibility of such evidence To prove another version, possibly admitting certain evidence of the prosecution and adding other evidence to cast reasonable doubt
à Even in summary procedure, the judge cannot base his decision simply on affidavits; he must give the defendant the chance to cross-examine (Combate vs. San Jose) 2. Procedure a. Parties notified of date of trial 2 days before trial date (R119, §1) à HOWEVER, under SC Circular 38-98, accused must be given at least 15 days to prepare for trial, which shall commence within 30 days from receipt of Pre-Trial Order.
1. 2. 3. 4. 5. Accused may move that his witnesses be examined Defense witnesses examined by any judge or lawyer Prosecution witnesses, if they would be unable to attend trial, may be examined by the judge handling the case Trial continues from day to day, unless postponed for a just cause Prosecution presents evidence
à Presentation à Testimonies: direct examination à Cross-examination à Re-cross à Offer
1. 2. 3. 4. 5. 6. 7. 8. Accused may move for discharge Prosecution rests Defense may, with or without leave of court, file a demurrer to evidence Defense presents evidence Defense rests Prosecution presents rebuttal evidence Defense presents rebuttal evidence Trial is closed; case is submitted for judgment
3. When mistake made in charging proper offense
1. 2. 3. If Accused cannot be convicted of offense charged or offense necessarily included therein Accused detained, not discharged Original case dismissed upon filing of proper information
à Example: Charged with theft. At trial, appears that offense is estafa. The prosecution can ask for the dismissal of the info in order to file a new one for estafa. No Double Jeopardy because no valid info in the first case. 4. Application for examination of witnesses for accused before trial
1. 2. Sick or infirm; unable to attend trial Resides more than 100 km. from means of trial; no means to attend
Aninon) 8. 2. Witness is really material and appears to the court to be so Party who applies for postponement has not been guilty of neglect Witness can be had at the time to which the trial has been deferred No similar evidence could be obtained 7. when not all the requisites were met. Application (prosecution) 1. Remedies a. 4.5. Motion to exclude public à Excluding parties. Testimony of accused absolutely needed No other direct evidence available EXCEPT his testimony Testimony can be corroborated on material points Accused does not appear to be most guilty Accused has never been convicted of offense involving moral turpitude à Discharge of accused. counsels and court personnel à May also be ordered by court motu proprio e. 2. Motion for discharge à Filed before the prosecution rests à Hearing to determine existence of requisites for discharge à Prosecution will present evidence and the sworn statement of the proposed state witness . Requisites to discharge of an accused as State Witness 1. Motion to consolidate à Upon the court’s discretion. Motion for separate trials à Filed by the fiscal to try several accused separately à Granted at the court’s discretion à May also be ordered by the court motu proprio b. 5. 3. 3. 2. David) c. cannot be revoked as long as he testified according to what was expected of him (People vs. 4. Motion for continuance – filed to postpone trial for just cause d. separate charges may be tried in one single case if the offenses charged arise form the same fac ts or form part of a series of similar offenses à Court allowed consolidation of rape cases substantially committed in the same manner ( People vs. Sick or infirm Has to leave the RP with indefinite date of returning 6. Requisites for postponement due to absence of a witness 1.
resulting from other proceedings concerning the accused. 1. during which any proceeding concerning the accused is actually under advisement. Cruz) TRIAL (RULE 119) After a plea of not guilty is entered. 6. his sworn statement shall be inadmissible in evidence. however. 4.g. 3. not to exceed 30 days. 2. The trial shall commence within thirty (30) days from receipt of the pre-trial order. 5. finding of existence of a prejudicial question. 9. Motion to reopen à Filed after the case is submitted for judgment but before judgment is actually rendered à To allow either side to present additional evidence. Demurrer to evidence à May be made after the prosecution rests its case à If the court finds the prosecution’s evidence insufficient. if court denies motion for discharge. If the demurrer was made with leave of court. Periods of delay excluded in computing the time within which trial must commence 1. pre-trial proceedings.à Evidence adduced in this said hearing automatically form part of trial. and reasonably attributable to any period. à Discharge of the accused has the effect of acquittal. if such could not be found before à Granted on discretion of the judge à The accused cannot move to reopen the case to allow him to adduce evidence in his behalf when his failure to adduce them during the trial was his own fault (People vs. the accused shall have at least fifteen (15) days to prepare for trial. 7. orders of inhibition proceedings relating to change of venue of cases or transfer from other courts. e. resulting from an essential witness’ . if demurrer denied 1. examination of the physical and mental condition of the accused. unless accused fails or refuses to testify against his co-accused in accordance with his statement (which formed the basis for his discharge) f. the case will be dismissed à Otherwise. proceedings with respect to other criminal charges against the accused. 8. that the delay does not exceed 30 days. 2. defense is deemed to have waived the right to present evidence and the case is submitted for judgment à Case may also be dismissed motu proprio g. provided. extraordinary remedies against interlocutory orders. defense gets to present evidence If the demurrer was made without leave of court.
In no case shall the entire trial period exceed 180 days from the first day of trial. motu proprio. after consultation with the prosecutor and defense counsel. from the issuance of a provisional remedy in the case. the court shall set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. It may be postponed for a reasonable period of time for good cause. except as otherwise authorized by the Supreme Court. prosecution shall present evidence to prove the charge and. in the proper case. . 2. from the date the charge was dismissed upon motion of the prosecution. 3. 3. on motion of either the accused or his counsel. 3. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of such ground to dismiss. if any. the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial accused shall have the burden of proving the motion the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time 4. 2. or the prosecution Trial schedule 1.1) 2) 1. arising. resulting from a continuance granted by any court on the ground that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial 1. over whom the court has not acquired jurisdiction. Trial once commenced shall continue from day to day as far as practicable until terminated. the order of trial may be modified) 1. unavailability – his whereabouts are known but his presence for trial cannot be obtained by due diligence. or 1) 2) 2. 3. 2. resulting from the mental incompetence or physical inability of the accused to stand trial. to the date the time limitation would commence to run as to a subsequent charge had there been no previous charge 4. 4. absence his whereabouts are unknown or his whereabouts cannot be determined by due diligence 1. A reasonable period of delay when the accused is joined for trial with a co-accused 1. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. 2. If the accused is not brought to trial within the time limit 1. Order of trial (When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. accused may present evidence to prove his defense and damages. 2. the civil liability. or as to whom the time for trial has not run and no motion for separate trial has been granted. The dismissal shall be subject to the rules on double jeopardy.
Demurrer to Evidence in Criminal Cases Demurrer to Evidence in Civil Cases ground is: Insufficient evidence On motion or motu proprio Ground is: Facts and law shown by plaintiff no right to relief On motion When motion is filed without leave of court – waiver of right to If denied – he has right to present evidence. 2. prosecution and the defense may. 4. absolute necessity for the testimony no other direct evidence available the testimony can be substantially corroborated in its material points. 3. in that order.3. present rebuttal and sur-rebuttal evidence unless the court. If with leave of court. permits them to present additional evidence bearing upon the main issue. the accused may adduce court required evidence in his defense If granted but reversed on appeal – it is a waiver of the right to present evidence . the said accused does not appear to be the most guilty. Upon admission of evidence of the parties. 4. in furtherance of justice. the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. 5. no prior leave of present evidence. Requisites for state witness 1. and the said accused has not at any time been convicted of any offense involving moral turpitude.