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CPRO Ateneo Remedial Law Reviewer 2007 PDF
CPRO Ateneo Remedial Law Reviewer 2007 PDF
Remedial Law
SUMMER REVIEWER
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.
JURISDICTION OVER
THE SUBJECT
MATTER
Conferred by law. It
cannot be acquired by
the consent of the
accused.
JURISDICTION OVER
THE PERSON OF THE
ACCUSED
May be acquired by
consent of the accused
or by waiver of
objections.
JURISDICTION
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
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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.
Advisers: Atty. Tranquil Salvador III; Head: Mary Elizabeth M. Belmonte, Renee Lynn C. Miciano, Ma. Cecillia G.
Natividad; Understudies: Neliza Macapayag, Benjamin C. Yan
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
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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
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
AN
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REVIEW BY:
the Secretary of Justice who exercises
supervision and control over his actions and
who may sustain, modify or set aside his
resolution on the matter
in appropriate cases, by the courts when he
acts with grave abuse of discretion amounting
to lack of jurisdiction.
CONSENT
Refers to future acts
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GENERAL RULE:
After arraignment, the prosecutor may no longer
amend the information which changes the nature of
the crime, as it will prejudice the substantial rights of
the accused.
EXCEPTION: When a fact supervenes which
changes the nature of the crime charged in the
information or upgrades it to a higher crime, the
prosecutor, with leave of court, may amend the
information to allege such supervening fact and
upgrade the crime charged to the higher crime
brought about by such supervening fact.
HOWEVER: if the supervening event which changes
the nature of the crime to a more serious one
occurred after the accused has been convicted,
which makes the amendment of the information no
longer the remedy of the prosecution, the prosecution
can and should charge the accused for such more
serious crime, without placing the accused in double
jeopardy, there being no identity of the offense
charged in the first information and in the second
one.
Section 14 applied only to original case and not
to appealed case.
Gabionza v. CA, G.R. No. 140311 (2001)
When amendments to informations may be
allowed:
a. it does not deprive the accused of the right to
invoke prescription
Page 179 of 289
4.
5.
6.
7.
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
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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.
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.
When
separate
civil
action
is
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.
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
Page 185 of 289
Section 3. Procedure
PROCEDURE
1. By reason of the abbreviated nature of
Preliminary Investigation, a dismissal of the
charges as a result thereof is not equivalent to
a judicial pronouncement of acquittal.
2. The accused or respondent in a criminal
prosecution may avail himself of discovery
remedies
either
during
preliminary
investigation or when the information has
already been filed in court.
3. A motion to dismiss is now a prohibited
pleading during preliminary investigation.
4. The respondent is now required to submit
counter-affidavits
and
other
supporting
documents relied upon by him for his defense.
5. The respondent now has the right to examine
the evidence submitted by the complainant of
which he may not have been furnished and to
obtain copies thereof at his expense.
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.
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If no
probable
cause
exists,
dismiss the
case
the
Section 8. Records
An information or complaint filed in court shall be
supported by the affidavits and counter-affidavits of
the parties and their witnesses, together with the
other supporting evidence and the resolution on the
case.
Records of the preliminary investigation shall NOT
automatically form part of the records of the case.
Courts are not compelled to take judicial notice
thereof. It must be introduced as evidence.
Section 9. Cases not requiring preliminary
investigation nor covered by the Rule on
Summary Procedure
Cases where the punishment does not exceed 4
years 2 months and 1 day.
PROCEDURE TO BE FOLLOWED:
a. Evaluate the evidence presented;
b. Conduct searching questions or answers;
c. Require the submission of additional evidence.
For cases under the Revised Rules on Summary
Procedure, no warrant shall be issued except where
the accused fails to appear after being summoned.
CONDITIONS FOR THE ISSUANCE OF WARRANT
OF ARREST:
1. Must examine in writing and under oath the
complainant and his witnesses by searching
questions and answers.
2. Be satisfied that a probable cause exists.
3. That there is a need to place respondent under
immediate custody in order not to frustrate the
ends of justice.
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.
EXCEPTIONS:
Page 192 of 289
Does
not
apply
during
in-custody
investigation, nor can it prevail over the
constitutional right of the accused to be
presumed innocent.
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.
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People v. Singh, et.
No.
129782 (2001)
In hearing the petition for bail, the prosecution
has the burden of showing that the evidence of guilt
is strong pursuant to 8 Rule 114. In bail
proceedings, the prosecution must be given ample
opportunity to show that the evidence of guilt is
strong. While the proceeding is conducted as a
regular trial, it must be limited to the determination of
the bailability of the accused. It should be brief and
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.
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.
TO
THE
PRESUMPTION
OF
stricter
requirement, it requires the presence of
competent and independent counsel who is
preferably the choice of the accused. Since a
custodial investigation is not done in public
there is a danger that confessions can be
exacted against the will of the accused.
USE IMMUNITY
Witness compelled
testimony and the fruits
thereof cannot be used
in subsequent
prosecution of a crime
against him
Witness can still be
prosecuted but the
compelled testimony
cannot be used against
him.
TRANSACTIONAL
IMMUNITY
Witness immune from
prosecution of a crime to
which his compelled
testimony relates.
witness cannot be
prosecuted at all
AND
Impartial Trial
Due process requires a hearing before an impartial
and disinterested tribunal and that every litigant is
entitled to nothing less that the cold neutrality of an
impartial judge. (Mateo, Jr. v. VIllaluz, 50 SCRA 180)
Like Caesars wife, a judge must not be only pure
but beyond suspicion. (Palang v. Zosa, 58 SCRA
776)
Public Trial
One held open or publicly; anyone interested in
observing the way the judge conducts his
proceedings in a courtroom may do so (Garcia v.
Domingo, 52 SCRA 143) it is sufficient that relatives
and friends who want to watch the proceedings are
given the opportunity to witness the proceedings. It is
done in public to prevent abuses that may be
committed by the court and the accused is entitled to
moral support from his friends and relatives. If it is
done in the judges chambers, it is still valid because
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
Page 205 of 289
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
prepare
for
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
Section 3. Grounds
GROUNDS FOR MOTION TO QUASH
1. Facts charged do not constitute an offense
2. Court trying the case has no jurisdiction over
the offense charged
3. Court trying the case has no jurisdiction over
the person of the accused
4. Officer who filed the information had no
authority to do so
5. Information does not conform substantially to
the prescribed form
6. That more than one offense is charged
(duplicitous information)
7. Criminal action or liability has been
extinguished
8. Information contains averments which, if true,
would constitute a legal excuse or
justification
9. double jeopardy
NOTE: the grounds enumerated in this section are
the EXCLUSIVE grounds for a MTQ.
Facts Alleged Do Not Constitute
an Offense
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an offense is to determine WON all the essential
elements of the crime have been alleged.
The trial court should limit its inquiry to:
the averments in the information (these are
deemed hypothetically admitted);
facts admitted by the prosecution; and
Indubitable facts.
PARDON
Given for common
crimes
Given to an individual
Concurrence of
congress not needed
Distinct acts of
Page 210 of 289
acceptance needed if
pardon is conditional
Courts do not take
judicial notice of
pardon (must be
proved in court)
Relieves the offender
of liability (looks
forward)
Granted only after
conviction
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
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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
Amendment
of
complaint
or
1. Criminal action
extinguished
2. double jeopardy
or
liability
has
been
ACQUITTAL
Always based on the
merits. Defendant is
acquitted bec. guilt
wasnt proven beyond
reasonable doubt
Double Jeopardy always
attaches
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
Page 213 of 289
RULE 119
TRIAL
Section 1. Time to prepare for trial
TRIAL
It is the examination before a competent tribunal
according to the laws of the land, of the facts put in
issue in a case for the purpose of determining such
issue
HEARING
It is not confined to trial but embraces the several
stages of litigation, including the pre-trial stage.
Republic v. Sandiganbayan, 416 SCRA 133 (2003)
A hearing does not necessarily imply the
presentation of oral or documentary evidence in open
court but that the parties are afforded an opportunity
to be heard.
After a plea of guilty is entered, the accused shall
have at least 15 days to prepare for trial.
The trial shall commence within 30 days from receipt
of the pre-trial order
The trial judge does not lose jurisdiction to try the
case after the 180-day limit. He may, however, be
penalized with disciplinary sanctions for failure to
Page 214 of 289
proper
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
REVERSE TRIAL
When the accused admits the act or omission
charged in the complaint/information but interposes a
lawful defense, the trial court may allow the accused
to present his defense first and thereafter give the
prosecution the opportunity to present his rebuttal
evidence.
A departure from the order of the trial is NOT
reversible error as where it was agreed upon or not
seasonably objected to, but not where the change in
the order of the trial was timely objected by the
defense.
Where the order of the trial set forth under this
section was not followed by the court to the extent of
denying the prosecution an opportunity to present its
evidence, the judgment is a NULLITY.
Prosecution begins because it has the burden of
proving the guilt of the accused, relying on the
strength of its own evidence and NOT on the
weakness of the defense.
If there is not enough evidence to prove the
accuseds guilt beyond reasonable doubt, then the
defense should file Demurrer to Evidence
People v. Gutierrez, 302 SCRA 643 (1999)
Refusal of the trial court to reverse the order of
trial upon demand of the accused who pleads selfdefense as a defense is not a reversible error
NEGATIVE DEFENSE
AFFIRMATIVE
DEFENSE
Requires the prosecution The accused admits the
to prove the guilt of the
act or omission charged,
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reasonable doubt are needed to see
which
if proven, would
exculpate him
Accused claims that one
of the elements of the
offense charged is not
present. It is incumbent
upon the prosecution to
prove the existence of
this element
of
EXAMINATION OF
PROSECUTION
WITNESS
Conducted ONLY before
the judge or the court
where the case is
pending
Right to cross-examine
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:
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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.
Alternative Penalties
A judge cannot impose alternative penalties
(reclusion perpetua or P10,000 fine) because this
would allow the accused to choose which penalty to
serve, giving the accused discretion properly
belonging to the court.
CONTENTS OF A JUDGMENT OF ACQUITTAL:
1. Whether the evidence absolutely failed to
prove the guilt of the accused or merely failed
to prove it beyond reasonable doubt
2. If the act or omission from which civil liability
may arise did not exist
REASONABLE DOUBT state of the case which,
after full consideration of all the evidence, leaves the
mind of the judge in such a condition that he cannot
say that he feels an abiding conviction, to a moral
certainty, of the truth of the charge.
Barbers vs Laguio, Jr., 351 SCRA 606 (2001)
It is well settled that acquittal, in a criminal case is
immediately final and executory upon its
promulgation, and that accordingly, the State may not
seek its review without placing the accused in double
jeopardy.
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EXCEPTIONS FOR
SUSPENSION
OF SENTENCE
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OF YOUTHFUL OFFENDERS
1. offender has enjoyed previous suspension of
sentence
2. offender is convicted of crime punishable by
death or life imprisonment
3. offender is convicted by a military tribunal
4. offender is already of age at the time of
sentencing even if he was a minor at the time
of the commission of the crime
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
RULE 121
NEW TRIAL OR RECONSIDERATION
Page 224 of 289
Proper only
AFTER
rendition or
promulgatio
n of
judgment
(15 days
from
promulgatio
n of
judgment)
requires
consent of
the accused
made at the
instance of
the accused
or upon the
initiative of
the court but
with the
consent of
the accused
Interrupts
the period
for
perfecting
an appeal
from the
RECONSI
DERATIO
N
may be
filed in
order to
correct
errors of
law or fact
in
judgment;
does not
require
any further
proceedin
g.
Judgment
will be
based on
the
pleadings
submitted
by the
parties
REOPENI
NG OF
TRIAL
may be
properly
presented
only after
either both
parties
have
formally
offered
and closed
their
evidence
BUT
BEFORE
judgment
possible to
have trials
or
hearings
or
reception
of justice
in order to
avoid
miscarriag
e of justice
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interrupts
the period
for
perfecting
an appeal
from the
REOPENI
NG OF
CASE
made by
the court
before
judgment
is
rendered
in the
exercise of
sound
discretion
time of its
filing until
notice of the
order
overruling
the motion
shall have
been served
upon the
accused or
his counsel.
time of its
filing until
notice of
the order
overruling
the motion
shall have
been
served
upon the
accused or
his
counsel.
does not
require the
consent of
the
accused
may be
made at
the
instance of
either
party who
can
thereafter
present
additional
evidence
AFFIDAVIT OF
DESISTANCE
A witness who
The complainant
previously gave a
states that he did not
testimony subsequently
really intend to
declares that his
institute the case and
statements were not true that he is no longer
interested in testifying
or prosecuting
It is a ground for
dismissing the case
only if the prosecution
can no longer prove
the guilt of the
accused beyond
reasonable doubt
without the testimony
of
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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
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
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2. The dismissal
is
not
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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
APPEAL OF AN
ORDER
Must be perfected
within 15 days from
notice of the final
order
APPEAL
TO
CA
CA
CA
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
SC
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
Petition for
review on
certiorari under
Rule 45
Petition for
review on
certiorari under
Rule 45
Automatic
review
File a notice of
appeal
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.
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MODES OF REVIEW
The Rules of court recognizes 4 modes by which the
decision of the final order of the court may be
reviewed by a higher tribunal
1. ordinary appeal
2. petition for review
3. petition for review on certiorari
4. automatic appeal
Section 4. Publication of notice of appeal
SERVICE OF NOTICE OF APPEAL
SERVICE BY SUBSTITUTED PUBLICATION
REGISTERED
SERVICE
OF NOTICE
MAIL
OF APPEAL
delivering the
made in a
By depositing
newspaper of
the copy in the copy to the
clerk of court
general
post office
-in a sealed
with proof of
circulation in
envelope
failure of both
the vicinity
-plainly
personal
once a week
addressed to
service and
for a period not
the party or
service by mail exceeding 30
his counsel at
days
his office, if
known,
otherwise at
his residence
if known
-with postage
fully pre-paid
-and with
instructions to
the post
master to
return the mail
to the sender
after 10 days
if undelivered
Section 5. Waiver of notice
The appellee may waive his right to notice of appeal.
However, the appellate court may, in its discretion,
entertain an appeal notwithstanding failure to give
such notice if the interests of justice so require
(Llamas vs. Muscoso, 95 Phil. 735).
Section 6. When appeal to be taken
RULE 123
PROCEDURE IN MUNICIPAL TRIAL COURTS
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.
Page 229 of 289
SCOPE OF JUDGMENT OF CA
1. reverse, affirm or modify the judgment
2. increase or reduce the penalty imposed
3. remand the case to the trial court for new trial
or retrial
4. dismiss the case
The appellant may move for a new trial any time after
the appeal from the lower court has been perfected
and before the judgment of the Court of Appeals
convicting him becomes final.
Modify vs Revise
In modifying the decision, the CA bases its
modification on errors of law or fact. In revision, the
court merely changes manner the decision is written.
RULE 125
PROCEDURE IN THE SUPREME COURT
Section 1. Uniform procedure
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
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3. commanding
a peace
to search for
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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
Page 232 of 289
GENERAL RULE:
It should be filed with the court within whose territorial
jurisdiction the crime was committed.
EXCEPTIONS:
1. for compelling reasons, it can be filed with the
court within whose judicial region the offense
was committed or where the warrant is to be
served.
2. But if the criminal action has already been
filed, the application for a search warrant can
only be made in the court where the criminal
action is pending.
Section 3. Personal property to be seized
KINDS OF PERSONAL PROPERTY TO BE
SEIZED:
1. Subject of the offense;
2. Proceeds or fruits of the offense; and
3. The means used or intended to be used for
committing an offense
SEARCH WARRANTS HAVE BEEN ALLOWED TO
SEARCH FOR THE FF:
1. Stolen goods
2. Those supposed to have been smuggled into
the country in violation of the revenue laws
3. Implements of gaming and counterfeiting
4. Lottery tickets
5. Prohibited liquors kept for sale contrary to law
6. Obscene books and papers kept for sale or
circulation
7. Powder and other explosive and dangerous
materials so kept as to endanger public safety
8. Slot machines, being gambling devices
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 aand thing
into custody;
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home
are
RULE 127
PROVISIONAL REMEDIES
IN CRIMINAL CASES
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2.
3.
4.
5.
accused
resides
outside
the
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