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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. 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. 2. 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. 3. 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. 4. General Rule: the question of jurisdiction may be raised at any stage of the proceedings. Exception: may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question. RULE 110 PROSECUTION OF OFFENSES Institution of Criminal Actions 1. 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. . These offenses are those where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine. 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 shall be filed with the Office of the Prosecutor unless otherwise provided in their charters. 3. Take 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. 4. The institution of the criminal action interrupts the running of the period of prescription of the offense charged Unless: otherwise provided in special laws. Act No. 3323 governs the prescriptive periods of violations of special laws, or offenses other than those penalized under the Revised Penal Code. 5. The filing of a complaint for purposes of preliminary investigation starts the prosecution process. The complaint or information 1. Requisites: in writing in the name of the People of the Philippines Against all persons who appear to be responsible for the offense involved. 2. Who is the real offended party? The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein. Complaint 1. Definition: A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. 2. The complaint as defined under Section 3 is different from
the complaint filed with the Prosecutor s Office. 3. The complaint filed with the Prosecutor s Office, from which the latter may initiate a preliminary investigation, refers to: any written complaint filed by an offended party or not not necessarily under oath, except in 2 instances: . complaint for commission of an offense which cannot be prosecuted de officio or is private in nature . where the law requires that it is to be started by a complaint sworn to by the offended party, or when it pertains to those which need to be enforced by specified public officers. 4. Under the Rule on Summary Procedure: a complaint may be directly filed in the MTC, provided that in Metro Manila and in chartered cities, the criminal action may only be commenced by the filing of information, which means by the prosecutor, except when the offense cannot be prosecuted de officio as in private crimes.
ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) Information 1. Definition: An accusation in writing a person with an offense, subscribed by the prosecutor and filed with the court. 2. How is an Information different from a Complaint? Unlike a complaint, which requires that it be under oath and is filed either in the MTC or with the provincial/city prosecutor s office, the information does not have to be under oath and is always filed in court. All that is required is that it be subscribed or signed by the fiscal or prosecutor, which is an indispensable requirement. Who must prosecute criminal actions 1. May a criminal prosecution be restrained by injunction? General Rule: No. Reason: Public interest requires that criminal acts be immediately investigated and prosecuted for the protection of society. Exceptions: . where injunction is justified by the necessity to afford protection to the constitutional rights of the accused . when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions . when there is a prejudicial question which is sub judice . when the acts of the officer are without or in excess of authority . where the prosecution is under an invalid law, ordinance or regulation . when double jeopardy is clearly apparent . where the court has no jurisdiction over the offense . where it is a case of persecution rather than prosecution
. Prior to the filing of the information in court. 2. by the courts when he acts with grave abuse of discretion amounting to lack of jurisdiction. 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. the Secretary of Justice who exercises supervision and control over his actions and who may sustain. However: this rule applies only to courts which are provided by law with prosecutors. 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. 3. modify or set aside his resolution on the matter . where the civil action arising from the crime is deemed instituted in the criminal action. He decides who should be charged in court and who should be excluded from the information.. preliminary injunction has been issued by the Supreme Court to prevent the threatened unlawful arrest of petitioners. in which case the evidence presented by the private prosecutor can be considered as evidence for the People. in appropriate cases. the prosecutor has full control of the case. Thus. . when there is clearly no prima facie case against the accused and the motion to quash on that ground has been denied . and not to municipal courts which have no trial prosecutors. where the charges are manifestly false and motivated by the lust for vengeance . . Private Prosecutor Participation: May a public prosecutor allow a private prosecutor to actively handle the conduct of the trial? Yes. the evidence presented could not be considered valid evidence of the People. However: His decision on the matter is subject to review by: .
issued in 1986. the private prosecutor shall continue to prosecute the case up to the end even in the absence of a public prosecutor. Once the complaint is filed. Gen. under an amendment made by the SC effective May 1. except in cases filed pursuant to EO Nos. 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. Once so authorized to prosecute the criminal action.*However. It is not the complaint which confers jurisdiction on the court to try the case. 2002. The participation of the . 1. 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. what is meant is that it is the complaint that starts the prosecutory proceeding. 14 and 14-A. the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. General Rule: In appeals. When it is said that the requirement of Art. 344 of RPC is jurisdictional. has control. unless the authority is revoked or otherwise withdrawn. 6. the Office of the Ombudsman. shall represent the People of the Philippines." 4. through its special prosecutor. 5. does death of the complainant in a crime of adultery extinguish the criminal liability of the accused? No. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors. the Sol. Rule 110 Section 5 now provides that All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. 2.
Any pardon given by the complainant or her death after the filing of the complaint would not deprive the court of the jurisdiction to try the case. did he commit a crime given in the law some technical and specific name. If name cannot be ascertained: a fictitious name with a statement that his true name is unknown. The real question is not. The desistance of complainant: Does not bar the People from prosecuting the criminal action But: it does operate as a waiver of the right to pursue civil indemnity.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) offended party in private crimes is essential not for the maintenance of the criminal action but solely for the initiation thereof. along with specified and named accused. but did he perform the . Designation of the offense 1. 3. If true name thereafter disclosed: such true name shall be inserted in the complaint or information and record. Name of the accused 1. may be sued as John Does. Sufficiency of complaint or information 1. In case of a conflict between the designation of the crime and the recital of facts constituting the offense. 2. A complaint is sufficient if it states: the name of the accused the designation of the offense by a statute the acts or omission complained of as constituting the offense the name of the offended party the approximate time of the commission of the offense the place where the offense was committed. 2. 2. an information against all accused described as John Does is void. If name is known: the name and surname of the accused or any appellation or nickname by which he has been or is known. 7. and an arrest warrant against them is also void. the latter prevails over the former. Purpose: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him. While one or more persons.
even if the missing elements have been proved during the trial. provided the place of actual commission was within the jurisdiction of the court. either as a matter of procedure or of substantive right. 2. Unless: the particular place of commission is an essential element of the offense charged. 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. Cause of accusation 1.acts alleged in the body of the information. the information must show that the accused does not fall within the exemptions. how the law denominates the crime. without explicitly negating the exception. 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. Important: The new rule requires that the qualifying and aggravating circumstances be alleged in the information. Place of commission of the offense May conviction be had even if it appears that the crime was committed not at the place alleged in the information? Yes. 3. If he did. Where the law alleged to have been violated: prohibits generally acts therein defined is intended to apply to all persons indiscriminately. it is of no consequence to him. Date of the commission of the offense What is the determinative factor in the resolution of the question involving a variance between the allegation and proof in respect of the date of the crime? The element of . 4. If one or more elements of the offense have not been alleged in the information. as the exception is a matter of defense which the accused has to prove. 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. the accused cannot be convicted of the offense charged. Even the accused s entering a plea of guilty to such defective information will not cure the defect. the defendant can only be convicted of the offense proven. nor justify his conviction of the offense charged. 5.
Waiver: When the accused fails. he thereby waives the objection and may be found guilty of as many offenses as those charged and proved during the trial. malicious mischief. . 2. and indictment for such offense must name the owner and a variance in this respect between the indictment and the proof will be fatal. obtaining money by false pretenses. before arraignment. two or more modes specified therein. embezzlement.. Name of the offended party To constitute larceny.surprise on the part of the accused and his inability to defend himself properly. the property obtained must be that of another person. Duplicity of the offense 1. the indictment in the information is sufficient if the offense is alleged to have been committed in one. etc. to move for the quashal of the information which charges 2 or more offenses. Where the law with respect to an offense may be committed in any of the different modes provided by law. robbery.
but to substitution of the complaint or information by a new one. the question of double jeopardy does not arise. Exception: when a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime. 3. Technically. with . General Rule: after arraignment. the prosecutor. and whether any evidence defendant might have would be equally applicable to the information in the new form as in the other. prosecutor cannot: downgrade the offense charged · exclude from the information a co-accused without filing a motion to that effect. especially the offended party. 5.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) The various ways of committing the offense should be considered as a description of only one offense and the information cannot be dismissed on the ground of multifariousness. 2. If the substitution is made before the accused enters his plea. If the filing of new information is done after the plea and before judgment on the ground that there has been a mistake in charging the proper offense. the filing thereof may only be allowed if it will not place the accused twice in jeopardy. However. provided there is evidence thereon which has been presented during the preliminary investigation. with notice to the offended party. 4. The court shall state the reasons in resolving the motion and copies thereof furnished all parties. the prosecutor may no longer amend the information which changes the nature of the crime. Before the accused enters his plea. as it will prejudice the substantial rights of the accused. Test as to whether a defendant is prejudiced by an amendment: whether a defense under the information as it originally stood would be available after the amendment is made. paragraph 2 of Section 14 does not refer to amendment. the prosecutor may: upgrade the offense allege qualifying and aggravating circumstances or · change the offense charged without leave of court. and subject to the approval of the court. Exceptions to the rule on duplicity: continuous crimes and complex crimes Amendment or substitution 1. 3.
Those who commit any of the crimes contemplated therein can be tried by Philippine courts. 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. the private prosecutor may still intervene in the prosecution of the criminal case. Section 14 applies only to original case and not to appealed case. there being no identity of the offense charged in the first information and in the second one. the prosecution can and should charge the accused for such more serious crime. by conducting the examination of witnesses under the control of the prosecutor. Venue in criminal case is jurisdictional. being an essential element of jurisdiction. RULE 111 PROSECUTION OF CIVIL ACTION Institution of criminal and civil actions 1. may amend the information to allege such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact. can the case be revived upon motion of the offended party? No. However: once the offended party has filed a separate civil action arising from the crime. He no longer has any standing in the criminal case. Where a criminal action has been provisionally dismissed upon motion of the prosecutor. the offended party waives the civil action. Where the offended party withdrew a reservation to file a separate civil action. . 6. 2. He loses the right to intervene. Intervention of the offended party in criminal action 1. he may not withdraw such civil case in order to intervene in the criminal prosecution. Except in the following instances: . which makes the amendment of the information no longer the remedy of the prosecution. General Rule: Penal laws are territorial.leave of court. However: if the supervening event which changes the nature of the crime to a more serious one occurred after the accused has been convicted. without placing the accused in double jeopardy. Exceptions: those provided in Article 2 of the Revised Penal Code. . because the offended party or complaining witness cannot act for the prosecutor. except to be a prosecution witness. 2. hence Philippine courts have no jurisdiction over crimes committed outside the Philippines. Place where action is to be instituted 1.
2. Two instances where no reservation shall be allowed: a criminal action for violation of BP 22 . The employer may not be held civilly liable for quasi-delict in the criminal action as ruled in Maniago v.he reserves his right to institute the civil action separately. Court of Appeals since quasi-delict is not deemed instituted with the criminal. the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code. 3. he institutes the civil action prior to the criminal action. or . unless a separate civil action has been filed before the institution of the criminal action. If at all. no such civil action can be instituted after the criminal action has been filed as the same has been included therein. .
When the reservation of the right to institute the separate civil actions shall be made: before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such a reservation. Exception: criminal action for violation of BP 22 which is deemed to include the corresponding civil action. they are distinct from each other. 34 and 2176 of the Civil Code. still ask that the civil liability be fixed by the court. The rule requiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action. within the 15-day reglementary period. The offended party shall. as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability. the complainant may. upon the filing of the criminal and civil actions. 7. 4 of PD1606 as amended by RA 8249) 4. if the judgment does not adjudicate any civil liability. Rules on Filing Fees: No filing fees are required for amounts of actual damages. . namely.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) A claim arising from an offense which is cognizable by the Sandiganbayan. thereby making the judgment against him final. 5. . 32. pay in full the filing fees based on the face value of the check as the actual damages. without paying the corresponding filing fees therefor. 6. a civil action filed prior to the criminal action has to be transferred to the subsequently filed criminal action for joint hearing (Sec. 33. Although the criminal and civil actions may be joined in the criminal case. . The plaintiffs in the two actions are different. those provided in Arts. Thus: even if the accused started serving his sentence within the 15-day period from the promulgation of the judgment of conviction by the lower court. Purpose of Exception: to prevent the offended party from using the prosecutor s office and the court as vehicles for recovery of the face value of the check. .
A compromise on the civil aspect is valid even if it turns out to be unsatisfactory either to one or both of the parties. and not after final judgment. cross-claim or third-party complaint may be filed by the accused in the criminal case. exemplary and other damages are not specified in the complaint or information. Compromise on civil aspect: The offended party may compromise the civil aspect of a crime. the offended party may appeal the dismissal to the CA. the grant and amount thereof are left to the sound discretion of the trial court. the trial court should confine itself to the criminal aspect and the possible civil liability of the accused arising out of the crime. Rule 111 now expressly provides that no counterclaim. the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment. the counterclaim of the accused will unnecessarily complicate and confuse the criminal proceedings. It does not state that the remedy can be availed of only in a separate civil action. Where moral. the trial court will not acquire jurisdiction over such other damages.With respect to damages other than actual. 11. the corresponding filing fees should be paid. otherwise. but any cause of action which could have been subject thereof may be litigated in a separate civil action. However. 10. Reasons: . additional penalties cannot be imposed upon a co-accused who did not appeal. if these damages are specified in the complaint or information. The offended party in a criminal case may appeal the civil aspect despite the acquittal of the accused. Important!: Section 1. . Where the trial court convicted the accused. but modifications of the judgment beneficial to him are considered in his favor. provided that it must be entered before or during the litigation. but dismissed the civil action instituted therein. When separate civil action is suspended Take 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 criminal act or omission. . 9. The appellate court may impose additional damages or increase or decrease the amounts of damages upon the accused-appellant.
The phrase which has been reserved that has caused conflicting rulings in the past has now been deleted. 33. except that a plaintiff cannot recover damages twice for the same act or omission of the defendant. In an appeal of a criminal case: . 34 and 2176 of the Civil Code. 2.When civil action may proceed independently 1. Actions based on quasi-delict may be filed independently of the criminal action regardless of the result of the criminal action. Effect of death of the accused on civil actions 1. After arraignment and during the pendency of the criminal action: General Rule: death extinguishes the civil liability arising from delict or the offense 8. 32. Prior reservation is not necessary to file separate civil action under Arts.
4. RULE 112 PRELIMINARY INVESTIGATION Preliminary investigation defined.16 Rule 3 of the Rules of Court. when the accused died. The suspension of the criminal case due to a prejudicial question is only a procedural matter. contract. then such civil action will proceed and substitution of parties shall be ordered by the court pursuant to Sec. 3. However.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) Except: where civil liability is predicated on other sources of obligations such as law. . . 33. Before arraignment: The civil action impliedly instituted in the criminal action shall be dismissed without prejudice to the offended party s filing a civil action against the administrator of the estate of the deceased. Prior to final judgment: terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed. Pending appeal of his conviction: extinguishes his criminal liability as well as the civil liability based solely thereon. 2. if the civil action has been reserved and subsequently filed or such civil action has been instituted. Judgment in civil action not a bar The judgment in civil actions based on Arts. and is subject to a waiver by virtue of prior acts of the accused. when required . There is no prejudicial question where one case is administrative and the other is civil. 2. Prejudicial question 1. The criminal case is reduced to a civil action. If such civil action which survives is impliedly instituted in the criminal action. the legal representative or heir of the deceased shall be substituted for the deceased. 32. 34 and 2176 absolving the defendant from civil liability does not bar the criminal action. quasicontract and quasi-delict. The prejudicial question may be raised during the preliminary investigation of the offense or in court before the prosecution rests its case. 3.
Nonetheless. a personal right and may be waived expressly or by implication. Judges of RTCs 2. after their conclusion. as the officers authorized to do so are the prosecutors. nor does it affect the court s jurisdiction. Lack of PI is not a ground to quash or dismiss a complaint or information. The right of an accused to a preliminary investigation is not a constitutional but merely a statutory right. Nor is its record part of the record of the case in the RTC. subject to the requirements of both substantive and procedural due process. it is a component part of due process in criminal justice and is a substantive right. When there is no preliminary investigation. the accused must invoke it at the first opportunity and the court should hold in abeyance or suspend proceedings and remand the case to the office of the prosecutor for him to conduct PI. Two types of offenses may be filed in the MTC for preliminary investigation: a case cognizable by the RTC may be filed with the MTC for PI. The refusal of the court to remand the case for PI can be controlled by certiorari and prohibition to prevent trial. Officers authorized to conduct preliminary investigation 1.1. even if it is cognizable by the MTC because it is an offense where the penalty prescribed by law is at least 4 years 2 months and 1 day. 2. Preliminary investigation is: not part of the trial of the criminal action in court. . MTC judges in Manila and in chartered cities have not been granted the authority to conduct PI. No longer authorized to conduct PI: By implication. transmit the records and their resolutions . Regarding offenses falling within the original jurisdiction of the Sandiganbayan: Prosecutors or municipal trial court judges conducting PI of offenses falling within the original jurisdiction of the Sandiganbayan shall. . 3.
and not the personality of the offender that matters. Regarding election offenses: The exclusive jurisdiction of the Comelec to investigate and prosecute election offenses inheres even if the offender is a private individual or public officer or employee. and in the latter instance. and without prior written authority of. 4. nor can the prosecutor file an information with the Sandiganbayan without being deputized by.to the Ombudsman or his deputy for appropriate action. irrespective of whether the offense is committed in relation to his official duties or not. In other words. Regarding the Ombudsman: The power of the Ombudsman to make investigation extends to any illegal act or omission of any public . the prosecutor or judge cannot dismiss the complaint without the prior written authority of the Ombudsman or his deputy. the Ombudsman or his deputy. 5. an election offense as defined in the Omnibus Election Code and in other election laws. it is the nature of the offense. Moreover. namely.
07 disallows the filing of a motion to quash or dismiss a complaint filed with the Ombudsman. whether or not the same is committed in relation to his office. or betrayal of public trust . By reason of the abbreviated nature of PI. However. Procedure 1. The Ombudsman does not have the power: . 6. Hence. and conviction of. Effect of an incomplete PI: does not warrant the quashal of the information does not affect the court s jurisdiction or the validity of the information.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) official. a dismissal of the charges as a result thereof is not equivalent to a judicial . Section 4(d) of Administrative Order No. Preliminary investigation by the Ombudsman is limited to cases cognizable by the Sandiganbayan and must be conducted pursuant to Rule 11 of the Rules of Procedure of the Office of the Ombudsman. culpable violation of the Constitution. except on the ground of lack of jurisdiction. or any penalty service of which would amount to removal from office because by constitutional mandate. other high crimes. to prosecute public officers or employees who have committed election offenses. to prosecute before the Sandiganbayan any impeachable officers with any offense which carries with it the penalty of removal from office. they can only be removed from office on impeachment for. Which remedy may an aggrieved party avail of against resolutions of the Ombudsman in criminal or non-administrative cases? The law is silent. appeal is not available as a remedy because the right to appeal is a statutory privilege and may be availed of only if there is a statute to that effect. as he can resort to the special civil action of certiorari under Rule 65. bribery. . to file an information for an offense cognizable by the regular courts. graft and corruption. treason. an aggrieved party is not without remedy.
and they can be subsequently prosecuted. But while he may strike hard blows. 5. from entertaining a petition for review or appeal from the action of the prosecutor once the complaint or information is filed in court. It does not vitiate the validity of the information. . the prosecutor is called upon to prosecute the case in court. The accused who has been charged with the offense is not allowed to escape punishment merely because it develops in the course of the trial that there were other guilty participants in the crime. 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. the fact that they were not included in the information does not relieve them of criminal liability. 3. Effect of exclusion of other persons from the information: If during the trial. Section 4 of DOJ 223 should be construed as merely enjoining the Secretary of Justice to refrain. 3. as far as practicable. The accused s failure to assert lack of authority on the part of the prosecutor in filing the information does not constitute a waiver thereof. the latter has to file the necessary motion to dismiss the complaint or information.pronouncement of acquittal. The respondent is now required to submit counter-affidavits and other supporting documents relied upon by him for his defense. Effect if the information is filed by someone not authorized by law: The court does not acquire jurisdiction. he is not at liberty to strike foul ones. 2. 2. unlike judges who are mandated to display cold neutrality in hearing cases. Neither is the same a ground for a motion to quash. A motion to dismiss is now a prohibited pleading during preliminary investigation. Role of Secretary of Justice: The Secretary of Justice is not prevented from entertaining an appeal from the accused or from the offended party even after the information has been filed and the trial court has arraigned the accused. the prosecutors are not required to divest themselves of their personal convictions and refrain from exhibiting partiality. the grant or denial of which is subject to the discretion of the trial court. 4. 4. evidence is shown that such persons should have been charged. If the Secretary reverses the ruling of the prosecutor. It has been said that at this stage. After having filed the information. 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. Resolution of investigating prosecutor and its review 1.
The prosecutor is required to resolve the complaint based on the evidence presented by the complainant in the event that the respondent cannot be subpoenaed or the respondent. Resolution of investigating judge and its review Non-judicial function: When a municipal judge conducts PI. if subpoenaed. When warrant of arrest may issue . the findings of the investigating judge are subject to review by the provincial prosecutor whose findings in turn may also be reviewed by the Secretary of Justice in appropriate cases. Consequently. does not submit a counter-affidavit within the 10day period. he performs a non-judicial function.5.
It is not a pronouncement of guilt. any motion for reinvestigation is addressed to the sound discretion of the court. He must further find there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice. 8. without personally determining the existence of probable cause by independently examining sufficient evidence submitted by the parties during the PI 2. what should the trial court do upon the prosecutor s motion to dismiss? He must make his own assessment of the evidence and not just rely on the conclusion of the prosecutor. Effect of a finding of probable cause: merely binds over the suspect to stand trial. 5. 4. 7. Regarding reinvestigation: Once the complaint or information is filed in court. Invalid: A warrant issued by the judge solely on the basis of the report and recommendation of the investigating prosecutor. 3. on such ground alone. Where an information has already been filed in court. issue a warrant of arrest. even if the judge finds probable cause. Thus. While the trial court judge has the power to order the reinvestigation of the case by the prosecutor. Municipal judge may issue arrest warrant before conclusion of preliminary investigation if: he finds that probable cause exists and there is a necessity of placing respondent under immediate custody. he cannot. he may not. without gravely abusing his discretion. Important: The rule is now that the investigating judge s power to order the arrest of the accused is limited to instances in which there is a necessity for placing him in custody in order not to frustrate the ends of justice. The investigating judge has no power to reduce or change the crime charged in order to justify the grant of .ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 1. otherwise the court becomes a mere rubber stamp. if the warrant of arrest has been issued. What the accused who believes that there is no probable cause to hold him for trial may do: to file with the trial court a motion to dismiss on such ground or for the determination of probable cause. 6. before the prosecutor concluded the reinvestigation. the accused may file a motion to quash the arrest warrant or to recall the same on the ground of lack of probable cause. recall said order. and the Secretary of Justice reversed the prosecutor s finding of probable cause. set the case for arraignment and trial.
regardless of whether he finds a probable cause or sufficient ground to issue a warrant of arrest. Before the filing of a complaint or information. 125 of the RPC. Execution of warrant 1. In case a person is arrested without a warrant. Exception: when the accused has been lawfully arrested without warrant. 3. the person arrested without a warrant may ask for a preliminary investigation by a proper officer. 4. physical restraint or formal declaration of arrest is not required. in which case.bail to the accused. 9. Cases not requiring preliminary investigation nor covered by the Rule on Summary Procedure The respondent or accused is not entitled to preliminary investigation in the following cases: cases governed by the Rules on Summary Procedure. Provided: that in the absence or unavailability of an inquest prosecutor. The judge issues a warrant of arrest in 2 instances: . the judge has to transmit to the provincial prosecutor his resolution and entire records of the case. 125 of the RPC. If the accused allows himself to be arraigned without asking for a preliminary investigation. but he must sign a waiver of the provisions of Art. After the conclusion of his PI. General Rule: No complaint or information shall be filed for an offense which is penalized by imprisonment of not less than 4 years. an inquest must be conducted by an inquest prosecutor who will determine whether his arrest without warrant is lawful. 2 months and 1 day without PI. a complaint or information may only be filed after an inquest conducted in accordance with existing rules. Arrest includes submission to the custody of the person making the arrest. or file complaint or information within the period specified in Art. manual touching of the body. The inquest prosecutor may order the release of the arrested person if he finds no sufficient ground to hold him without prejudice to conducting further investigation. The power belongs to the prosecutor. When accused lawfully arrested without warrant 1. RULE 113 ARREST Definition of arrest Application of actual force. 2. cases where the punishment does not exceed 4 years 2 months and 1 day. he is deemed to have waived the right to such PI. the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
(1) Upon the filing of the information by the prosecutor. . In issuing this kind of warrant, the judge does not personally examine the complainant and the witnesses he may produce, but he merely evaluates personally the report and supporting documents and other evidence adduced during the preliminary investigation and submitted to him by the prosecutor, and if he finds probable
ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) cause on the basis thereof he issues the warrant for the arrest of the accused. (2) Upon application of a peace officer. . In this kind of warrant, the judge must personally examine the applicant and the witnesses he may produce, to find out whether there exists probable cause, otherwise the warrant issued is null and void. He must subject the complainant and the witnesses to searching questions. The reason for this is there is yet no evidence on record upon which he may determine the existence of probable cause. 2. A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is lifted. · However, Sec. 4 of Rule 113 requires the head of the office who applied for warrant to execute the same within 10 days from receipt thereof and for the arresting officer assigned to execute the same to submit, within 10 days from the expiration of the first 10-day period, a report to the judge who issued the warrant. Arrest without warrant; when lawful 1. In a citizen s arrest, the person may be arrested and searched of his body and of his personal effects or belongings, for dangerous weapons or anything which may be used as proof of the commission of an offense, without need of a search warrant. 2. Sec. 5(a) refers to arrest in flagrante delicto while Sec. 5(b) refers to hot pursuit. 3. Sec. 5(b) authorizes warrantless arrest when an offense has in fact just been committed. The word just implies immediacy in point of time. 4. Delivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court. Method of arrest by officer without warrant 1. Custodial investigation · Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. · It is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting
incriminating statements that the rule begins to operate. Embraced in custodial investigation: . invited for questioning . re-enactment Not embraced in custodial investigation: . police line-up . ultraviolet ray examination . normal audit examination by the COA of the accountability of a public officer 2. When the threat or promise was made by, or in the presence of, a person in authority, who has, OR is supposed by the accused to have power or authority to fulfill the threat or promise, the confession of the accused is inadmissible. 3. Presumption of regularity in the performance of duties: 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 Bail defined
1. Purpose: to honor the presumption of innocence until his guilt is proven beyond reasonable doubt to enable him to prepare his defense without being subject to punishment prior to conviction. 2. Upon assumption of the obligation of bail, the sureties become in law the jailers of their principal. 3. As bail is intended to obtain or secure one s provisional liberty, the same cannot be posted before custody over him has been acquired by the court.
exception 1. the bail bond posted by an accused remains in force at all stages of the case until its final determination. If the accused does not appeal. 3. requirements 1. Bail in court-martial offenses: . 2. Unless the court directs otherwise. 4. Bail. as an exception to the general rule that an accused is entitled to bail except in a capital offense where . 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. for all offenses punishable by lower than reclusion perpetua . reclusion perpetua or life imprisonment after conviction by the RTC of a non-capital offense . If the accused presents his notice of appeal. the bondsman must produce the accused on the 15th day from promulgation of sentence for service of sentence. prosecution is entitled to present evidence for its denial. Right to bail may be waived. When bail is a matter of discretion: before conviction. prosecution does not have the right to oppose or to present evidence for its denial. The surety s liability covers all these 3 stages: trial promulgation the execution of the sentence. in offenses punishable by death. The right to bail of an accused military personnel triable by courts-martial does not exist. without recognizing the jurisdiction of the court by his personal appearance therein and compliance with the requirements thereof. 2.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) Rationale: it discourages and prevents resort to the pernicious practice whereby an accused could just send another in his stead to post his bail. Conditions of the bail. When bail is a matter of right: before or after conviction by the MTC before conviction. as a matter of right.
the trial court may grant bail and approve the amount of the bail bond before the accused has perfected his appeal. 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. 7. the application for bail can only be filed with and resolved by the appellate court. to file a petition for bail for someone whose freedom has yet to be curtailed. otherwise the order granting or denying bail may be invalidated because the summary of the evidence for the prosecution which contains the judge s evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense. Trial court may grant bail before appeal is perfected Whether bail is a matter of right or discretion. Rationale: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail. It would be premature. if the decision of changed the nature of to bailable. Bail. forfeiture of other bonds or whether he is a fugitive from justice. . the judge is required to take into account a number of factors such as the applicant s character and reputation. 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. Even if there is no notice of the TC convicting the accused the offense from non-bailable application for bail can only appeal. 2. An accused who is convicted of a capital offense is no longer entitled to bail on appeal since his conviction imports that the evidence of guilt is strong. the be filed with and . not to say incongruous. 6. appeal being perfected upon filing of a written notice of appeal and furnishing the adverse party copy thereof. Notice of hearing required: Whether bail is a matter of right or of discretion. Summary of the evidence for the prosecution The court s order granting or refusing bail must contain a summary of the evidence for the prosecution. However if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable. 5.the evidence of guilt is strong. when discretionary 1.
Distinction between life imprisonment and reclusion perpetua. 3. Capital offense defined The capital nature of an offense is determined by the penalty prescribed by law. the grant of bail before conviction by the trial court is a matter of discretion when evidence of guilt is strong. . However. the trial court loses jurisdiction to grant bail and to approve bail bond. Capital offense or an offense punishable by reclusion perpetua or life imprisonment. is not important. Why? because in both cases. After appeal is perfected. not bailable 1. the accused may apply for bail or provisional liberty with the appellate court.resolved by the appellate court. insofar as bail is concerned. and not by the penalty that may be imposed after trial and on the basis of the evidence adduced and the presence of aggravating or mitigating circumstance.
Burden of proof in bail application 1. and the order. and can only be released when the conviction is reversed by the appellate court. The constitutional mandate makes the grant or denial of bail in capital offenses hinge on the issue of whether or not the evidence of guilt is strong. if convicted. Meaning of conviction The word conviction in Section 13. the accused convicted of a capital offense is no longer entitled to bail. 3. Regarding minors charged with a capital offense: If the person charged with a capital offense. 2. which has not become final. Corporate surety The term of the bail bond is not dependent upon faithful payment of the bond premium. It is mandatory for the judge to conduct a hearing and ask searching and clarificatory questions for the purpose of determining the existence of strong evidence against the accused. to a penalty next lower than that prescribed by law. as the accused still has the right to appeal. .ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 2. such as murder. After conviction by the trial court. 3. should make a finding that the evidence against the accused is strong. Duty of judge to conduct hearing: Where the prosecution agrees with the accused s application for bail or foregoes the introduction of evidence. which would entitle him. after such hearing. admittedly a minor. the court must nonetheless set the application for hearing. the following requisites must be complied with: photographs of the accused. Evidence of guilt in the Constitution and the Rules refers to a finding of innocence or culpability. Article III of the 1987 Constitution refers to conviction by the trial court. The reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. regardless of the modifying circumstances. Justification of sureties Before accepting a surety or bail bond. he is entitled to bail regardless of whether the evidence of guilt is strong. This reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death.
6036 where a person has been in custody for a period equal to or more than the minimum of the imposable principal penalty. The release of the accused may be on his own recognizance. Recognizance 1. 66 dated September 19.affidavit of justification. 1996. authority of the agent. without application of the Indeterminate Sentence Law or any modifying circumstance. be deposited for the provisional release of the accused. under the circumstances provided in RA No. and current certificate of authority issued by the Insurance Commissioner with a financial statement showing the maximum underwriting capacity of the surety company. certificate of compliance with Circular No. pending resolution of the case but no bail was filed or the accused is incapable of filing one in case of a youthful offender held for physical and mental examination. in its discretion. in which case the court. instead of a surety bond. In Espiritu v. may allow his release on his own recognizance where the accused has applied for probation. Jovellanos (280 SCRA 579. 2. the imposable penalty of which does not exceed 6 months imprisonment and/or P2000 fine. or a criminal offense. 1997). the Court held that the release on recognizance of any person under detention may be ordered only by a court and only in the following cases: when the offense charged is for violation of an ordinance. where filed 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. Deposit of cash as bail The trial judge has no authority to strictly require that only cash bond. trial. and his act of releasing him on bail constitutes ignorance of law which . a light. clearance from the Supreme Court. It may be to a responsible person. if he is unable to furnish bail and under circumstances envisaged in PD No. which means that he has become his own jailer. Bail. Persons charged with offenses falling under the Rule on Summary Procedure may be released either on bail or on recognizance of a responsible citizen acceptable to the court. or appeal. 603 as amended.
To justify exemption from liability on a bail bond or reduction thereof. When bail bond forfeited: only in instances where the presence of the accused is specifically required by the court or the Rules of Court and. despite due notice to the bondsmen to produce him before the court on a given date. the accused fails to appear in person as so required.subjects him to disciplinary sanction. Forfeiture of bail 1. two requisites must be satisfied: production or surrender of the person of the accused within 30 days from notice of the order of the court to produce the body of the accused or giving reasons for its non-production 11 . 2.
Consequently. . 39-97 dated June 19. Exception to the exception: the accused shall not be allowed to be released on bail after he has commenced to serve his sentence. the penalty and the offense being within the purview of the Probation Law. Bail is not a bar to objections on illegal arrest. provided that he raises them before entering his plea. RULE 115 RIGHTS OF ACCUSED . express mention implies the exclusion. 2. as what is left is for him to serve the sentence.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) satisfactory explanations for the non-appearance of the accused when first required by the trial court to appear. No bail after final judgment. Neither does he have authority to cancel one which he issued. exception General Rule: no bail shall be allowed after the judgment has become final. The court shall observe the matter as early as practicable but not later than the start of the trial of the case. 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. MTC judges have no authority to issue hold-departure orders. The accused cannot leave the country without the permission of the bondsmen and the court. 1997 limits the authority to issue hold departure orders to the RTCs in criminal cases within their exclusive jurisdiction. Regarding hold-departure orders: Supreme Court Circular No. Exception: when he has applied for probation before commencing to serve sentence. following the maxim. Arrest of accused out on bail 1. lack of or irregular preliminary investigation Important: An application for admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore. or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him. Compliance with the first requisite without meeting the second requisite will not justify nonforfeiture of a bail bond or reduction of liability.
2. 8. 9. and the accused afforded the opportunity to be heard by counsel. and the inference of one fact from proof of another shall not be so unreasonable as to be purely arbitrary. and not during custodial or preliminary investigation. Is the constitutional presumption of innocence violated by the presumption of guilt established by law arising from certain facts proved and by shifting to the accused the burden of proof to show his innocence? No. within certain defined limitations. as well as what proof shall constitute prima facie evidence of guilt. a witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. Where an accused was represented in the RTC by a person who claimed to be a lawyer and was thereafter convicted. one of which is consistent with the innocence of the accused and the other with his guilt. Requests by a party for the issuance of subpoenas do not require notice to other parties to the action. but it was later discovered that his counsel was not really a lawyer. it may still be recalled. he is entitled to have his conviction set aside and a new trial undertaken. If the judgment of conviction had become final and executory. has a right to specify what act or acts shall constitute a crime. the constitutional presumption of innocence should tilt the scales in favor of the accused and he must be acquitted. a witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution.Rights of the accused at the trial 1. 3. The right against self-incrimination is a protection only against testimonial compulsion. where the evidence of the parties in a criminal case are evenly balanced. 6. where he has been denied the right to counsel during the hearing. The accused s right to meet the witnesses face to face is limited to proceedings before the trial court. 7. Equipoise rule: If the inculpatory facts and circumstances are capable of two or more explanations. then the evidence does not fulfill the test of moral certainty and is not sufficient to support a conviction of the accused. Transactional and Use immunity distinguished: Transactional immunity is broader in the scope of its application. during trial. 5. 4. by the grant of use-and-derivative-use immunity. In contrast. Hence. By its grant. The state having the right to declare what acts are criminal. The constitutional presumption of innocence will not apply as long as there is some rational connection between the fact proved and the ultimate fact presumed. The sanctions of arrest and contempt in respect to disobedience to subpoena are not applicable to a witness who resides more than 100 kilometers from the residence to the .
10. Public trial should not be confused with trial by publicity which is proscribed. 11. Requisites for valid waiver of right: existence of right knowledge of existence thereof intention to relinquish such right.place where he is to testify. or if he is a detention prisoner no permission of the court in which his case is pending was obtained. which must be shown clearly and convincingly .
the accused should be arraigned without delay and his trial should commence within 3 days from the arraignment and that no postponement of the initial hearing should be granted except on the ground of illness on the part of the accused or other grounds beyond the control of the court. will otherwise be void. Presence of offended party required The presence of the offended party is now required at the arraignment and also to discuss the matter of accused s civil liability. 3. provides that the accused shall be arraigned within 30 days from the time a court acquires jurisdiction over his person. Accused under preventive detention While RA 8493. if held. Definition: Arraignment is the stage where the issues are joined in criminal action and without which the proceedings cannot advance further or. 2. and he cannot be arraigned without his personal appearance in court. to be valid. unless a shorter period is provided by special law or by SC Circular. Rule 116 section 1(e) provides for a shorter time within which an accused who is under preventive detention should be arraigned.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) where the law or the Constitution so provides. RA 4908 in criminal cases where the complainant is about to depart from the Philippines with no definite date of return. the trial court may allow the accused to plead guilty to a lower offense with solely the conformity of the trial prosecutor. The arraignment shall be held within 30 days from the date the court acquires jurisdiction over the person of the accused. 4. Certain laws and SC Circulars provide for a shorter time within which the accused should be arraigned: . RULE 116 ARRAIGNMENT AND PLEA Arraignment and plea. No trial in absentia can be validly held without first arraigning the accused. the waiver must be with the assistance of counsel. and the judge to whom his case is raffled shall have him arraigned within 10 days from receipt by the judge of the records of the case. In case the offended party fails to appear despite due notice. . When an accused is detained. his case should be raffled within 3 days from the filing of the information or complaint against him. 5. or the Speedy Trial Act. The pre-trial conference shall be held within 10 days after the arraignment. how made 1.
a free and intelligent plea. heinous crimes. It has been held that if the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party. RA 7610 (Child Abuse Act) the trial shall be commenced within 3 days from arraignment . Plea of guilty to capital offense. 2. however. The judge cannot on its own grant the change of plea. the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former information. The provision employs the word may. reception of evidence 1. 2. and deleted the phrase. even if the latter is not included in the offense charged. a change of plea to a lesser offense may be granted by the judge.. It is mandatory for the trial court to require the prosecution to present its evidence . with the approval of the prosecutor and the offended party and only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. i. regardless of whether or not it is necessarily included in the crime charged. Change of plea After the prosecution has rested its case. Dangerous Drugs Law . An improvident plea means a plea without proper information as to all the circumstances affecting it. Consent of offended party required: The consent of the offended party to allowing the accused to plead guilty to a lesser offense is necessary. that the amendment did not say that an accused may be allowed to plead to a lesser offense only if the same is necessarily included in the offense charged. SC AO 104-96. It should be noted. The new rule provides that the accused may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. violations of the Intellectual Property Rights Law these cases must be tried continuously until terminated within 60 days from commencement of the trial and to be decided within 30 days from the submission of the case Plea of guilty to a lesser offense 1. based upon a mistaken assumption or misleading information or advice. or is cognizable by a court of lesser jurisdiction than the trial court. 3.. Conviction in a capital offense cannot rest alone on a plea of guilty. which is permissive and implies that the court may still allow an accused to plead guilty to a lesser offense.e.
This is so even if the accused formally manifests that he waives presentation of evidence by the prosecution. qualifying and/or aggravating the crime.and. Such plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision. What a plea of guilty includes: The plea of guilty covers both the crime as well as its attendant circumstances alleged in the complaint or information. . reception of evidence. Plea of guilty to non-capital offense. discretionary 1. to allow him to submit his evidence. if the accused so desires. It leaves the court with no alternative but to impose the penalty prescribed by law.
the accused must be acquitted. . Withdrawal of improvident plea of guilty 1. or to state a cause of action or defense other than the one stated. 2. If the accused is permitted to present evidence after his plea of guilty to a non-capital offense and such shows that the accused is not guilty of the crime charged. Rule 12 of Civil Procedure on bill of particulars is applicable in criminal proceedings. The motion should be set for hearing and the prosecution heard thereon. Only when so demanded does denial thereof constitute reversible error and a ground for new trial. 2. However. Effect: change of the accused s plea from guilty to that of not guilty is the setting aside of the judgment of conviction and the re-opening of the case for new trial. 3. for there is no rule which provides that simply because the accused pleaded guilty to the charge that his conviction automatically follows. Mitigating circumstances: The trial court may allow an accused to plead guilty and at the same time allow him to prove other mitigating circumstances. Bill of particulars 1. When it may be done: at any time before the judgment of conviction becomes final. if what the accused would prove is an exempting circumstance.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 2. the trial court may not allow him to take the witness stand. It is not the office of the bill of particulars to: Supply material allegation necessary to the validity of a pleading Change a cause of action or defense stated in the pleading. which would amount to a withdrawal of his plea of not guilty. 3. The accused should state that he has a meritorious defense to the charge. Additional evidence independent of the plea may be considered to convince the judge that it was intelligently made. The withdrawal must at least have a rational basis. Time for counsel de officio to prepare Express demand: Counsel for the accused must expressly demand the right to be given reasonable time to consult with the accused.
A nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused. no MTQ can be entertained by the court. The filing of a motion for bill of particulars suspends the period to file a responsive pleading. 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. 2. RULE 117 MOTION TO QUASH Time to move to quash 1. although both have one result. the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars. Thereafter. Suspension of arraignment Tests to determine insanity: the test of cognition (which is used in this jurisdiction) or the complete deprivation of intelligence in committing the criminal act the test of volition or that there be a total deprivation of freedom of the will. and it does not bar a subsequent prosecution for the same offense.Set forth the pleader s theory of his cause of action or a rule of evidence on which he intends to rely Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded. General Rule: A MTQ may be filed by the accused at any time before the accused enters his plea. If the motion is granted. Exception: under the circumstances mentioned in . which is the dismissal of the case. he has the same period to file his responsive pleading from receipt of the order denying the motion. with the approval of the court in the exercise of its judicial discretion. 3. Quashal and nolle prosequi distinguished: The quashal of complaint or information is different from a nolle prosequi. It is not an acquittal. it is not a final disposition of the case. 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. If the motion is denied.
Sec. Rule 117. 9. which adopts the omnibus motion rule. The right to file a MTQ belongs only to the accused. There is nothing in the rules which authorizes the court or judge to motu propio initiate a MTQ by issuing an order requiring why the information may not be quashed on the ground stated in said order. or that the doctrine of double jeopardy precludes the filing of the information. that the offense or penalty has prescribed. 3. Form and contents Factual and legal grounds must be stated This provision requiring that the factual and legal grounds be stated in the motion allows that facts outside the information itself may be introduced to . This means that a MTQ may still be filed after arraignment on the ground that the facts alleged in the information charge no offense.
Desierto. and municipal ordinances is governed by Act No. the trial court should limit its inquiry to: the averments in the information. 2. discovery of the unlawful nature of the . except no offense charged. Grounds 1. is not generally a ground for a motion to quash. 7. enumerated in Sec. 6. otherwise the information filed by him would be invalid and can be quashed on such ground. as hypothetically admitted. the applicable statute requires that if the violation of the special law is not known at the time. 1926. that is. 317 SCRA 272 (1999): If the commission of the crime is known. and indubitable facts. prescription of offense or liability. the remedy being to file a motion for bill of particulars. 4. The fact that the allegations in the complaint or information are vague or broad. Where ground for MTQ is illegal arrest: If the accused believes that the arrest. Doctrine of Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. facts admitted by the prosecution. 3. For this reason. Such inquiry into outside facts may also be allowed even when the ground invoked is that the allegation in the information does not constitute the offense charged. acts made criminal by special laws are frequently not immoral or obviously immoral in themselves.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) prove any of the grounds of a MTQ. the prescriptive period begins to run only from the discovery thereof. lack of jurisdiction over the offense. he should move to quash the information on such ground. 3. The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws. with or without warrant. 3326 which took effect on December 4. The prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense. the prescriptive period shall commence to run on the day it was committed. is illegal. along with other grounds as otherwise such other grounds will be deemed waived if not included in the MTQ. otherwise on the date of its discovery. or double jeopardy. In a MTQ based on the ground that the facts alleged in the information do not constitute the offense charged. In the very nature of things.
The period of a continuing crime s prescription is counted from the latest or last act constituting the series of acts continuing the single crime. he cannot be convicted of the lesser offense if it has already prescribed. 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 the prosecutor at least 3 days before the hearing. 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. 9. The prescriptive period of offenses penalized by special laws and ordinances is interrupted only by the filing of complaint or information in court. in connection with which there should be evidence. integrity and fair dealing. 8. The pardoned offender regains his eligibility for appointment to public office which was forfeited by reason of the conviction of the offense.constitutive act or acts. he is not entitled to back wages. the act can still be done the following day does not apply to the computation of the period of prescription of a crime. Regarding pardon: Unless grounded on the person s innocence. a pardon by the President cannot bring back lost reputation for honesty. Regarding prescriptive periods: Where an accused has been found to have committed a lesser offense includible within the offense charged. the notice of hearing should be addressed to adverse counsel or the prosecutor. But since pardon does not necessarily result in automatic reinstatement because the offender has to apply for reappointment. The period of prescription does not run when the offender is absent from the Philippines. . as the proper remedy. and proof of service of the motion upon the adverse party or prosecutor at least 3 days prior to such hearing. 10. as the offense has by then already prescribed. This is mandatory. The rule that if the last day falls on a Sunday or a holiday. 11. Remedy of aggrieved party While an order granting a motion to quash. 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. This is without distinction as to whether the cases are covered by the Rule on Summary Procedure. the information concerning said felony cannot be filed on the next working day. is appealable. unlike a denial thereof.
as in the quashal of an information for incomplete preliminary investigation. as a substitute for the remedy of a lost appeal. An information does not charge an offense if one or more of its essential elements have not been alleged therein. The amendment of the information to allege the element(s) not .this rule does not preclude the aggrieved party from filing a special civil action of certiorari. capricious and whimsical exercise of discretion by a trial judge or where an appeal will not promptly relieve the aggrieved party from the injurious effect of the disputed order. Amendment of complaint or information 1. where there is a patent.
. Double jeopardy will apply. where 2 informations are filed charging the same accused with 2 different elements. A good tactical move may require that the accused should first plead to the information and thereafter file a motion to quash either before or after the prosecution has presented its evidence. when the complaint or information is dismissed by a court of competent jurisdiction after the prosecution has presented its evidence even if the dismissal is in the mistaken ground of lack of jurisdiction. as it believed that what was proved was .ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) stated in the information is a material amendment. if it is predicated on insufficiency of the prosecution evidence or denial of the right to a speedy trial. may still move to quash the information on the ground that it does not charge an offense. 9 of Rule 117. Former conviction or acquittal. 2. as in the issuance of bouncing check for estafa under the RPC and violation of BP 22. the municipal trial court dismissed the case to give way to the filing of a complaint for frustrated murder. If the case is dismissed on such ground. the dismissal has the effect of acquittal. it has been held that conviction for the crime of illegal recruitment under the Labor Code does not preclude punishment for the offense of estafa under the RPC. even after he has entered his plea. 2. while the latter is malum in se. Thus. which also constitutes an offense under the Revised Penal Code. but the same can be done because the accused has not been arraigned. double jeopardy 1. . Reason: the former is malum prohibitum. an accused. even if the dismissal is made with the express consent of the accused. nor can a dismissal of the information on such ground put the accused twice in jeopardy. Pursuant to Sec. Double jeopardy will not apply in case of a conviction of a crime under a special law. 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. or upon his own motion.. In both instances.. where after trial of a charge of serious physical injuries.
frustrated murder. where one case is administrative in nature and the other criminal. or both. In such pre-trial. the following are considered: a. Plea bargaining . provisionally dismiss the case. RULE 118 PRE-TRIAL 1. on its own. it did not place the accused twice in jeopardy for the continuation of the proceedings for serious physical injuries. nor can it dismiss it provisionally without the express consent of the prosecutor. With respect to offenses punishable by imprisonment of more than 6 years. and double jeopardy has attached. Important!: The provisional dismissal of offenses punishable by imprisonment not exceeding 6 years or a fine of any amount. Since the dismissal was null and void. the penalty or the offense has been extinguished. the trial court has no jurisdiction over the offense charged. The trial court. the petition for certiorari filed by the prosecutor to correct the penalty which should be lower than that imposed does not place the accused twice in jeopardy because it would shorten the penalty and is favorable to the accused. Provisional dismissal 1. 2. shall become permanent 1 year after issuance of the order without the case having been revived. their provisional dismissal shall become permanent 2 years after issuance of the order without the case having been revived. where the accused has been sentenced to suffer a wrong penalty by the trial court. Neither does it apply in preliminary investigations. 2. Important!: A trial court may not order a provisional dismissal of the case without the express consent of the accused and prior notice to the offended party. Pre-trial Conference is mandatory in criminal cases. Failure to move to quash or to allege any ground therefor The accused may still file a motion to dismiss the information based on the following grounds even if he has already pleaded not guilty: the information charges no offense. cannot. the dismissal was null and void because the trial court should have rendered judgment based on the charge alleged in the information and the evidence adduced during the trial.
Stipulation of facts c. Waiver of objections to admissibility of evidence e. In writing b. Modification of order of trial if accused admits the charge but interposeslawful defense f.) need to be approved by the court. Other matters which will promote afair and expeditious trial 3. What are the requisites of pre-trial agreements and admissions (stipulation of facts)? a. Identification of evidence d. The purpose of requiring the accused tosign the stipulation of facts is to furth ersafeguard his rights against improvidentor unauthorized agreement or admission which his counsel may have entered into .b. Signed by the accused and counsel The agreements covering matters referred to in section 1 of this Rule (plea bargaining. etc.
(People vs. He has been notified of the trial c. 4. he wil l be deemed to have waived. and be barred from questioning the same later. however. Landicho. 3. Suc h order binds the parties and limits the trial to thosematters not disposed of. RULE 119 TRIAL 1. From the day when the accused pleadsnot guilty upon arraignment. The trial judge does not lose jurisdiction totry the case after the 180-day l imit. hemay be penalized by the court. He may. Agbulos. there s denial of due process) a. What is a pre-trial order? It is an order issued by the court reciting the actions taken. What are the effects of trial in absentia? The accused waives the right to present evidence and cross-examine the witnesses against him. otherwise. The purpose of trial in absentia is to speed up the disposition of criminal cases. The trial may be postponed for a reasonable period of time and for good causeas may be granted by the court. The trial shall be continuous (day to day as far as practicable) and the entire trial period shall not exceed 180 days except asotherwise authorized by the Supreme Co urt. The accused has been arraigned b. 1996) The accused s waiver does not mean. 1993) 3. Trial in Absentia 1. 2.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) without his knowledge. Requisites of Trial in Absentia (if not present. he shall hav e 15days to prepare for trial which includes pretrial. 2000) 4. What if the accused believes that the pretrial order contains mistakes or matters which were not taken up during the pre-trial? He must move to correct the mistake or modifythe pre-trial order. 5. (People vs. Uy. however. that the prosecution is deprived of the right to require the presence of the accused for purposesof identification by the witness es which is vital forconviction of the accused. 6. be penalized with disciplinarysanctions for failure to observe the pres cribedlimit without proper authorization by the Supreme Court. except where he . His failure to appear is unjustified 2. (People vs. the facts stipulated and the evidence markedduring the pre-trial conference. The trial shall commence within 30 daysfrom receipt of pre-trial order. If the counsel for the accused or the prosecutor does not appear at the pre-trial and does not offer an acceptable excuse.
Delay resulting from continuance granted by the court motu propio Factors for Granting Continuance 1. e. or it is unreasonable to expect . Delay resulting from mental incompetence or physical inability of theaccused to stand trial d. Reasonable period of delay when accused is joined for trial with co-accused f. Delay resulting from absence or unavailability of an essential witness c. Whether the failure to grant continuancewould make a continuation of the proc eedingimpossible or result in a miscarriage of justice. If the information is dismissed uponmotion of the prosecution and thereafter acharge is filed against the accused for the same offense. Delay resulting from the existence of a prejudicial question vii. The following periods shall not be included in the computation of time oftrial: a. Delay resulting from pretrial proceedings provided not exceeding 30 days v. Delay resulting from extraordinary remedies against interlocutory orders iv. is novel. any period of delay fromthe date the charge was dismissed to theda te the time limitation would commence to run as to the subsequent charge hadthere been no previous charge. Exclusions in the Computation of Time 1. Delay attributable to anyperiod not exceeding 30 days and theaccused is under ad visement b. Delay resulting from other criminal proceedings against accused iii. as a whole. 2. The case. Delay resulting from other proceedings concerning the accused including but not limited to: i. Delay resulting from ordersof inhibition or proceedings for changeof venue vi.unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial. unusual and complex. Delay resulting from physical or mental examination ii.
3. Private Defense Counsel fine not exceeding P20. 4. 000 + criminal sanctions. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailable. the public attorneyshould then seek to obtain the presence ofthe prisoner for trial. Files a motion solely for delay. Public Attorney or Prosecutor fine not exceeding P5. · The Sanctions: 1. If the prisoner demands trial. The custodian will then inform the prisonerof the latter s right to demand tria l. Counsel de officio. the publicattorney has a duty to obtain the pre sence ofthe prisoner for trial or cause notice to be served on the person having custody of theprisoner requiring such person to advi se theprisoner of his right to demand trial. Upon notification. the trial commences within 30 daysfrom notice of the order. 3. Public Attorney s Duties Where Accused is Imprisoned 1. . Public Attorney or the Prosecutor · Acts which will evoke the sanctions: 1. Knowingly makes a false statement inorder to obtain continuance. if any. Sanctions Imposed on Private Counsel. knowing it to be frivolous and withoutmerit. if any. 2.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) adequate preparation within the periods of time established therein. if any. · Exception: If the 30-day period becomes impractical due to unavailability of the witnesses and other factors. If the accused is imprisoned. Defense Counsel or Prosecutor denial of the right to practice beforethe court trying the case for a period not exceeding 30 days + criminal sanctions. it may be extended by the court but in no case should itexceed 180 days from notice of sai d order fornew trial. 000 + criminal sanctions. Willfully fails to proceed to trial without justification. Time Limit Following an Order for New Trial · General Rule: After an order for new trial is issued. 2. 3. 2. the custodian shouldthen inform the public attorney of s uch demand.
the trial must becommenced. Rule 120. Arraignment must be set within 30 daysfrom the date the court acquires jurisd ictionover the person of the accused. permits them to present additional evidence. 2.The sanctions are designed to speed upthe trial and disposition of the cases and to encourage the lawyers to go to courtready for trial and not ready to postpone. 3. the case is deemed submitted forde cision. The order of the trial may be modified. theciv il liability. if the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. the court must set the casefor pre-trial. . If he is not brought totrial within the period specified . at the discretion of the judge. The order of trial is intended to safeguard theright of the accused to be presum ed innocentuntil the contrary is proved. in the proper case. The accused should be brought to trial within30 days from the date the court acq uires jurisdiction over the person of the accused (Rule 116. then the defense. Upon admission of the evidence by theparties. and withinthe same period. maypresent rebuttal and sur-rebuttal evidence unless the court. Section 1g). and within 30 days from the receipt of the pre-trial order. 2. The prosecution. Order of Trial 1. Failure to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under Section 9. if any. Order of Trial Prosecution presents evidence to provethe charge and. he may quashthe information on the ground of denial of hisright to speedy tria l. The accused presents evidence to provehis defense and damages. Speedy Trial 1. in furtherance of justice.
however. Application for Examination of Witness forAccused Before Trial The accused may have witnesses conditionally examined in his behalf. thi s does not mean that the judge must remain passive during the proceedings. The witness is sick and cannot attend trial or he resides more than 100 km from the place of trial andhas no means to attend the same The motion should be supported by affidavit of the accused and such other evidence as the court may require. but the prosecution may call witnesses other than as listed even when the latter heard the testimonies of other witnesses. Undue Interference · There is undue interference by the judge if he propounds questions to the witnesses which will have the effect of or will tend to build or bolster the case for one of the parties. · Judges must not only be impartial. Examination of Defense Witnesses Deposition . This means that it must be allowed to completely present its evidence. The accused has the right to demand from the prosecution the list of prosecution witnesses. It s the judge s prerogative and duty toask clarificatory questions to ferret out th etruth. Substance of his testimony . butmust also appear impartial. To warrant such a finding. The motion shall state: . · Pervasive and prejudicial publicity maydeprive an accused of his right to a fa irtrial.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 4. 5. the prosecution has the discretion to choose the order of its witnesses. 6. However. Due Process · The prosecution is entitled to due process. there must be allegation and proof thatthe judge has been unduly influenced. Furthermore. Name and residence of the witness .
Greater assistance to the parties in ascertaining the truth and checking and preventing perjury ii. or under a general law or court r uleon the subject. it may order the witness to post bail in such sum as maybe deemed proper. facts which otherwise could not be proved exceptwith greater difficulty iv. Simplify and narrow the issues viii. Prevent delay vii.· Definition: Deposition is the testimony of a witness taken upon oral questions or written interrogatories. fraudulent claims and defenses iii. but in pursuance of a commission to take testimony issued by acourt. Expedite and facilitate bothpreparation and trial The court shall issue an order directing that the witness for the accused be examined at a specific date. and intended to be used in preparation and upon the trial of acivil or criminal prosecution. Bail to Secure the Appearance of Material Witness · If the court is satisfied upon proof or oath that a material witness will not testify when required. time and place. convenient and inexpensiveway. The said order should be served on the prosecutor at least 3 days before the scheduled examination. the court shall imprison himuntil he complies or is legally discha . Make available in a simple. Expedite litigation vi. · Purpose: The purpose of taking depositions are to: i. Provide an effective means of detecting and exposingfalse. Who should make the examination? The examination should be taken before a judge or a member of the Bar in goodstanding so designated by the judge. and reduced to writing andduly authenticated. in open court. It may also be made before an inferior courtdesignated in the order of a superior court. If the witness refuses to post bail. Educate the parties in advance of trial as to the real value of their claims and defenses therebyencouraging settlements v.
rgedafter his testimony has been taken. Examination of Witness for the Prosecution .
When two or more defendants are jointlycharged with any offense. 3. Two or more persons are jointly chargedwith the commission of an offense b. Where the conditions are fulfilled. Requisites to be a state witness: a. Such examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him. The witness for the prosecution may be conditionally examined by the court where the case is pending if said witness is: · Too sick to appear at the trial. The application for discharge is filed by the prosecution before it rests its case c. 2. 2. without need for th e trial court to issue an order to that effect. Joint Trial 1. 2000. Examination of child witnesses is tackled under the Rule on Examination of a Child Witness which took effect on December 15. jointtrial is automatic. Absolute necessity for the testimony of the accused d. The grant of separate trial rests in the sound discretion of the court and is not a matter of right to the accused. unless the court in its discretion uponmotion of the prosecution or any of the defendants orders a separate trial. There is no other direct evidence available for the proper prosecution of theoffense e.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 1. they shall be t riedjointly. only the accused presenting evidence has to be present. especiallywhere it is sought after the presentat ion ofthe evidence of the prosecution. . 3. And the evidence to be adduced by each accused should not be considered as evidence againstthe other accused. Testimony of the accused can besubstantially corroborated in its materialpoints f. or · Has to leave the Philippines with nodefinite date of return. In such separate trial. State Witness 1.
b. Where there is. it becomes manifest that a mistake has been made in charging the proper offense and theaccused cannot be convicted of the of . or for crimes necessarily included in or necessarily including those offense. · The fact that there was conspiracydoes not preclude one from being discharged as a state witness. Mistake in Charging the Proper Offense 1.Accused does not appear to be themost guilty · Means that he does not appear tohave the highest degree of culpabilityin terms of participation in the commission of the offense and not necessarily in the severity of the penalty imposed. Any question against the order of the court to discharge an accused to be used asstate witness must be raised in the t rial court. 4. Use-And-Derivative-UseImmunity witness is only assured that his or her particular testimony and evidence derived from it will not be used against him or her in a subsequent prosecution. 3. and not merely the fact that in law thesame or equal penalty is imposable onall of them. at any time before judgment. When. a showing of grave abuse of discretion. 5. Accused has not been convicted of any offense involving moral turpitude. g. the order of the trial court maybe challenged in a petition for c ertiorari and prohibition. the fact that the discharge was erroneous asthe conditions for discharge were not complied with did not thereby nullify hisbeing precluded from re-inclusion in th einformation or from being charged anewfor the same offense or for an attempt or frustration thereof. · Where an accused has been discharged to be utilized as state witness and he thus testified. it cannot be considered on appeal. however. Transactional immunity witness can no longer be prosecuted forany offense whatsoever arising out of the act or transaction. The defense should be afforded opportunity to oppose the motion to discharge an accused to be a state witness. Two types of witness immunity a. 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. What the court takes into account is the gravity or nature of acts committed bythe accused to be dischargedcompared to th ose of his co-accused. 2.
the said accused shall not .fense charged or any other offense necessarilyincluded therein.
the court cannot convict an accused of a complex crimeconstitutive of the various crimes a lleged inthe consolidated cases. guard against oppression or abuse. 2. his assistant ordeputy is disqualified to act. and save unnecessary cost or expense. to make out a case or sustain the issue. Definition: Demurrer to evidence is an objection by one of the parties in an action. 2. inshort. Court on its own initiative can dismiss the case after giving prosecutionopportunity to be heard b. the attainment of justice with th e leastexpense and vexation to the parties litigant. 2. prevent delay. 3. simplify the work of the trial court. tothe effect that the evidence whi ch his adversary produced is insufficient in point oflaw. Demurrer to Evidence 1. . Exclusion of the Public · The public may be excluded fromthe courtroom when evidence to be producedis of fensive to decency or public morals. Appointment of Acting Prosecutor · When a prosecutor. the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. Charges for offenses founded on the same facts or forming part of a series of offenses orsimilar character may be tried j ointly at thecourt s discretion. If the demurrer is denied: With leave of court. If there appears to be good cause to detain the accused. After the prosecution shall have rested its case. whether true or not.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) be discharged if there appears to be good cause to detain him. While consolidation of cases and joint trial ofrelated offenses and the renditio n of a consolidated decision are allowed. the court shall commit the accused and dismiss the original case upon the filing of the proper information. the case may be dismissed in any of the following manner: a. Accused files demurrer with or without leave of court c. clear congesteddockets. Consolidation of Trials of Related Offenses 1. The purpose of consolidation is to avoid multiplicity of suits.
he can still present evidence · Without leave if the motion is denied. he loses the right to present evidence and the case will be deemed submitted for decision 4. accused waives right to present evidence 3. This is because demurrer is merely interlocutory. Requisites: a. Reopening of Case · At any time before finality of judgment ofconviction.accused can present his evidence Without leave of court. RULE 120 JUDGMENT Judgment 1. and is regardedas the sentence of the law pronounced by thecourt on the action or question before it. It has no legal force and effect. With or Without Leave of Court · With leave if the motion is denied. if any. Written in official language b. 2. Signed by him d. judge may. without leave of court. 5. As such. Personally and directly prepared bythe judge c. it can be rescinded without prejudicing the rights of the accused. It is a judicial act which settles the issues. Definition: 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. motu proprio or uponmotion. the trial court maydefer resolution thereof until the de cision is rendered on the other accused. Contains clearly and distinctly a statement of the facts and the law uponwhich it is based · A verbal order does not meet the requisites. If there are two or more accused and only one of them presents a demurrer to evidence. . An order denying the motion for leave of court to file a demurer shall not be reviewable by appeal or by certiorari before judgment. and determines the proceeding. fixes therights and liabilities of the pa rties. with hearing in either case reopen toavoid miscarriage of justice .
the accused is acquittedbecause the evidence does not show that his guilt is beyond reasonable doubt. if there is any. Dismissal may amount to a acquittal: a. The judge who penned the decision need not be the one who heard the case. or the complaintor information is not valid or suffic ient in form and in substance. The penalty imposed upon the accused 4. Dismissal · Acquittal is always based on the merits while in dismissal. Acquittal of an accused based on . Here the dismissal is based on a demurrer to evidence b. The rationale is that the losing party is entitled to know why helost. par. andthe aggravating or mitigating circumstancesattending the commission. that is. Civil liability or damages caused by the wrongful act to be recovered from the accused by the offended party. Where the dismissal is based on the denial of the right to a speedy trial 4. Legal qualification of the offense constitutedby the acts committed by the accus ed. 2. accomplice or accessory 3. unless the enforcement of the civil liability bya separate civil action has been reserved orwaived.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) · Article VIII. or the evidence does not show that the offense was committed within the territorial jurisdiction of the court. Contents of Judgment 1. The judge can rely on the transcript of stenographic notes taken during the trial. Section 14. Acquittal vs. there is termination not on the merits and no finding of guilt ismade either because the court is not a court of competent jurisdiction. 2. 1 of the Constitution requires thatthe decisions of the court shall contain the facts and the law on which they are based. so he may appeal to a higher court. Acquittal and Dismissal 1. Acquittal is a finding of not guilty based onthe merits. Participation of the accused in the commissionof the offense. or a dismissal of the case after the prosecution hasrested its case and upon motion o f the accused on the ground that the evidence produced fails to show beyond doubt that theaccused is guilty. whether as princip al. 3. 3.
Definition: Promulgation of judgment in criminal cases isthe reading of the judgment or sent ence inthe presence of the accused and the judge ofthe court who rendered it. Promulgation of Judgment 1. 2. Exception to the Mandatory Presence of the Accused: a. 4. 2. He may be foundguilty for as many offenses as alleged in thecomplaint or information as may have beenduly proved. However. In fact. in which case the accused may appear through counsel or representative . An offense charged necessarily includes the offense proved when some of the essential elements or ingredients of the former constitute the latter. 4. if the accused does not object to the duplicitybefore he enters his plea. when the essential ingredients of the former constituteor form part of those constituting the latter. 3. Variance Between Allegation and Proof 1. Judgment for Two or More Offenses · A complaint or information must charge only one offense. General Rule: If the prosecution provesan offense included in the offense charge d inthe information. Where the conviction is for a light offense. the court may holdan accused civilly liabl e even when it acquitshim. the accused may be validlyconvicted of such offense proved. he is deemed tohave waived the defect. Exception: The general rule does not apply where facts supervened after the filingof the information which changes th e natureof the offense. An offense charged is necessarily included in the offense proved. 3. General Rule: Promulgation should be made in the presenceof the accused and the judge of the c ourt whorendered the decision. It is the filing of thedecision or judgment with the clerk of courtwhich give s it validity and binding effect.reasonable ground does not bar the offendedparty from filing a separate civil ac tion basedon a quasi-delict.
the court shall order his arrest and he shall lose the remedies available in the Rules against the judgment. or d. the judgment may be promulgated by the clerk of court. the SC automatically reviews the decision. errors of law or irregularities committed during trial b. Grounds for New Trial 1. accused has applied for probation. 6. Filed by the accused. If judgment is one of conviction and theaccused is absent without justifiable cause. Probation 1. When the judge is absent or outside the province or city. when the accused has waived in writing his right to appeal. 2. 3. or c.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 5. Modification of Judgment 1. errors/irregula rities are prejudicial to the substantial . Probation is a mere privilege and is revocable before final discharge of the probationer by the court. 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. 2. when the sentence has been partially or totally satisfied or served. Exception: When the Death Penalty is imposed by the trial court. A judgment of conviction may be modifiedor set aside before it becomes final or before appeal is perfected. General Rule: A judgment becomes final: a. 2. after the lapse of the period for perfecting an appeal. 7. Before final judgment of conviction or duringappeal. or b. RULE 121 NEW TRIAL OR RECONSIDERATION Filing of New Trial or Reconsideration 1. Errors of law or irregularities prejudicialto the substantial rights of the accu sed a. A judgmentpromulgated at a time when the judge whorendered and signed it had ceased to hold office is null and void.
New and material evidence has been discovered a. State the grounds on which it is based c. a petition for certiorariand prohibition may be filed. the case of Navarra vs. Grant of a New Trial is not Appealable. the accused may be entitled to a new trial. Be in writing b. Grounds for Reconsideration 1. Errors of law in the judgment 2. Merely forgotten evidence. Relief · The grant of a New Trial is not appealable since it is not a final judgment. Supported by affidavits of witnesses (if based on the ground of newly discovered evidence) d. To challenge such grant.rights of the accused The following are not considered asirregularities: -Loss of records (remedy is reconstitution of missing evidence) -Loss of stenographic notes (remedyis reconstruction of the testimonyof the witn ess) 2. Be given to the prosecutor . evidence discovered after trial b. evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence c. CA states that if the negligence or mistake of counsel is so gross as to deprive the client of his right to due process of law. evidence is material and would probably change thejudgment if admitted The following are not considered asnewly discovered evidence: Affidavit of desistance/recantation. Although the Rules of Court enumeratesonly the above two as the grounds for newt rial. Errors of fact in the judgment Form of Motion and Notice to Prosecutor · The motion must: a. Proposed testimonies of witnesses.
Errors or irregularities. which do not render the proceedings a nullity. Double Jeopardy Applies · The case of People vs. 4. Serve a copy of the notice upon theadverse party When RTC exercised appellate jurisdiction: . To the RTC 1. will not defeat a plea ofantrefois acquit. When the new trial is granted on the groundof errors of law or irregularities co mmitted during trial. the lat ter shallbe taken and considered together with the evidence already in the record. all proceedings and evidence affected thereby shall be set aside and taken anew. To the CA When RTC exercised original jurisdiction: 1. Original judgment shall be set aside. file a Notice of Appeal with the court which rendered the judgment 2. 3. unless accused will be placed in double jeopardy. The court may allow introduction ofadditional evidence. Hernando states that erroneous acquittal of the accused remains as the final verdict. File a Notice of Appeal with the RTC 3. 2. Erroneous Acquittal. The case shall be tried de novo and a new judgment be rendered accordingly. RULE 122 APPEAL Who may appeal Any party may appeal. How to Appeal . When the new trial is granted on the groundof newly discovered evidence.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) Effects of Granting a New Trial or Reconsideration 1. serve a copy of the notice upon theadverse party .
where RTC imposes death penalty a. where RTC imposes reclusion perpetua or life imprisonment a. for questions of facts and law c. for questions of law (all other appeals) e. Effect of appeal by any of several accused . when RTC exercised original jurisdiction: 2. for CA decisions a. file a Notice of Appeal withthe RTC. file a Notice of Appeal with the RTC a. Serve a copy of the Noticeupon the adverse party 2. except if the judgment is favorableand applicable to the latter. follow Rule 42 on Petition for Review d. An appeal taken by one or more of severalaccused shall not affect those who did not appeal. This periodshall be suspended from the time a moti on fornew trial or reconsideration is filed until notice of overruling the motion has been served upon the accused at which time the balanceof the period begins to run. file an ordinary appeal b. . SC 1. when RTC exercised appellate jurisdiction: c. follow Rule 45 on Petition for Review on Certiorari When appeal to be taken · Appeal is taken within 15 days from promulgation of the judgment. Sandiganbayan 1. 10 of Rule122 3. automatic review of SC as provided by sec.-Follow Rule 42 on Petition for Review . b. serve a copy of the noticeupon the adverse party b. follow Rule 42 on Petition for Review .
RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS 1. Withdrawal of appeal · The courts may allow the appellant towithdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court. The appeal of the offended party from the civil aspect shall not affect the criminal aspectof the judgment. the executionof the judgment appealed from shall be stayed as to the appealing party. Upon perfection of the appeal. in which case the judgment shall be final.. . General Rule .
or dismiss the case. Municipa l Trial Courts.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) · The procedure in the Regional Trial Court shall be applicable to the procedurein Metropolitan Trial Courts. ormodify the judgment. The Court of Appeals shall give precedence in the disposition of appeals of accused who are under detention. the case of People vs. Calayca states that the appellate court may reverse the trialcourt s decision on the basis of gro unds otherthan those that the parties raised as errors. Although not often done in the judicial system. 2. remand the case for new trial or re-trial. Power of the Court of Appeals The Court of Appeals may reverse. and Municipal Circuit Trial Court. increase or red uce thepenalty imposed. affirm.000 or both B) -complaint or information filed directlyin court without need of a prior preliminary investigation or preliminary examination C) -case decided based on affidavits submitted by the parties RULE 124 PROCEDURE IN THE COURT OF APPEALS Court of Appeals The Court of Appeals has no jurisdiction without judgment of conviction. It shall have the power to try cases and . Judgment of the lower courts shall be reversed or modified only when the Court ofAppeals 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. It is discretionary on its part whether or not to seta case for oral argument. Exceptions · Particular provision is made applicableonly to such courts · In cases governed by the Rule on Summary Procedure A) -criminal case where the penalty prescribed does not exceed 6 months imprisonment or a fine of P1. It shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties.
In the event th at there is no unanimous vote. but everycircumstance in favor of the accused should be considered. Quorum and Voting of the Court of Appeals Three Justices constitute a quorum for the sessions of a division Unanimous vote of the 3 Justices of a division shall be necessary to pronounce a judgmentor a final resolution. Appointment of Counsel de Officio A counsel de officio is a court appointed lawyer to the accused. 1.conduct hearings. the criminal action is extinguished. reclusion perpetua. Should the Court of Appeals impose the penalty of death. the case is certified and immediately elevated to the Supreme Courtfor review. and the civil aspect instituted therewith for recovery of civil liability ex delicto is ipso facto extinguished. the Presiding Justice shalldirect the raffle committee of the Court to designate two additional Justices in the division hearing the case and the concurrenceof a majority of such division shal l be necessary for the pronouncement pf a judgment or final order. receive evidence and perform any and all acts necessary to resolve factual issues raised in cases: a. Upon the death of an accused pending appeal from his conviction. When the accused appeals a judgment of conviction. Accused Appellant An accused-appellant may change his theory on appeal. or c. or lifeimprisonment after discussing the e vidence and law involved. where the court grants a new trialbased only on the ground of newlydiscovered ev idence. involving claims for damages arising from provisional remedies. thus the case opens the whole action for review on any questioning includingthose not raised by the parties. He is appointed if it appears from the . falling within its original jurisdiction b. The other party may just file a separate civil case against the estate of the accused who died. he waives the constitutional safeguard against double jeopardy.
The b. or accused signed the notice of appealhimself. The of the case that: accused is confined in prison. The c. .record a. accused is without counsel de parteon appeal.
Procedure in the SC in appealed cases isthe same as in the CA. jumps bail. or flees to a foreigncountry during pendency of the app eal. Appellant fails to file his brief within thetime prescribed. upon motion of the appellee or motu propio b. Judgment of the Court of Appeals/New Trial/Reconsideration When the entry of judgment of the Court ofAppeals is issued. . The appellant may move for a new trial anytime after the appeal from the lower c ourt hasbeen perfected and before the judgment ofthe Court of Appeals convicting him becomesfinal.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) 2. Effect Appealed judgment becomes final. Dismissal of Appeal for Abandonment or Failure to Prosecute Requirement a. b. Appellant escapes from prison or confinement. A case may reach the SC for final adjudication in the following manner: Automatic review . RULE 125 PROCEDURE IN THE SUPREME COURT 1. unless otherwisep rovided by the Constitution or law 2. with notice to the appellant Grounds a. except when he i s represented by a counsel de oficio. A motion for reconsideration shall be made within 15 days after notice of the decision orfinal order of the Court of Appeal s. a certified true co py of thejudgment shall be attached to the originalrecord which shall be remande d to the clerk of court from which the appeal was taken. He may be appointed upon the request of an appellant. 10 days from receipt of the notice to file brief and the latter establishes his right to have one.
he is . case is directlyappealable to the SC by filing a noticeof appeal Petition for review on certiorari . Records shall be forwarded to the SC for automatic review and judgment Ordinary appeal . Applicable also where a lesser penalty is imposed but involving offenses committed on the same occasion or arising out of the same occurrence that gave rise to the moreserious offense for which the penaltyof dea th or life imprisonment is imposed . When a criminal case is appealed to theSC. Exception: Criminal cases where penalty imposed is life imprisonmentor reclusion perpetua 3. Questions of law and fact come within the jurisdiction of the CA 5. A direct appeal to the SC on questions ofin criminal cases in which penalty imposed is not death or life imprisonment precludes the review of the facts 4. In both cases. General Rule: judgments of RTCsmay be appealed to the SC only bypetition for rev iew on certiorari in accordance with Rule 45 of the Rules of Court . Effect of appeal on the bail of the accused: · When accused is charged with offensewhich under the existing law at the timeof its commission and time of applicationfor bail is punishable by a PENALTY LOWER THAN RECLUSION PERPETUA and is out on bail. Where penalty imposed is life imprisonment .In all cases where death penalty isimposed by the trial court . and after trial is convicted by the trial court of the offense charges orof a lesser offenses than that charg ed inthe complaint or information. the whole case is then thrown openfor review · It becomes the duty of the SC to correct errors found in the judgment appealed from · SC may correct errors whether theyare made the subject of assignments or error or not 6.
andafter trial is convicted by the trial court ofa lesser offense than that char ged in thecomplaint or info same rule set forth .allowed to remain free on his originalbail pending the resolution of appeal unless the proper court directs otherwise · When accused is charged with CAPITALOFFENSE or which under the law at the time of its commission and at the time of the application for bail is punishable byreclusion perpetua and is out on bail.
· If division of opinion or lack of required votes refers to the propriety of imposing the death penalty. to the court of origin. in criminal cases pending appeal before the SC. Then the court shall cancel the bond. 8 Rule 124 of Rules of Court as he shall be deemed to have jumped his bail REHEARING OF CRIMINAL CASE IN THE SUPREME COURT 1. ii. -bond is cancelled and accused shall be placed in confinement pending resolutionof his appeal When. the penaltynext lower in degree shall be imposed RULE 126 SEARCH AND SEIZURE 1. iii. · Signed by judge in the name of the People of the Philippines. judgment of conviction of lower court shall be reversed and accused is acquitted.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) in the preceding paragraph shall beapplied. Court shall order the bondsman to surrender the accused within 10 days from notice. his bond shallbe forfeited and an order of arrest shall be issued by this court. Bondsman shall inform this court of fact of surrender. rules are laid down: i. · When accused is charged with CAPITALOFFENSE of an offense which under the law at the time of its commission and at the time of the application for bail is punishable by reclusion perpetua and isout on bail and after trial is convicted bythe trial court of the offense charged. . A case is reheard when the court en banc is equally divided in opinion or necessary majority cannot be had. · Appeal taken by the accused shall also be dismissed under Sec. accused is still on provisional liberty. 2. Elements of a search warrant · An order in writing. the ff. RTC shall order the transmittal of the accused to the National Bureau of Prisons thru the PNP as the accused shall remain under confinement pending resolution of his appeal. If rehearing en banc no decision is reached. If accused appellant is not surrendered within the aforesaid period of ten (10) days.
Object of a search warrant to obtain the goods. Search distinguished from seizure · Search . it is an examination of a man s house. it is not for the maintenance of any private right. · No presumptions of regularity are to be invoked in aid of the process when an officer undertakes to justify under it. Ordinarily implies a request by an officer of the law · Seizure . and bring the person in whose custody they are found. either to be recognized as a witness or to be subject to such further proceedings as the ends of justice may require 4. and · Bring it before the court 2. or of his person. · It is INTERLOCUTORY in character it leaves something more to be done. Nature of a search warrant · It is in the nature of criminal processes and may be invoked only in furtherance of public prosecutions · Have no relation to civil processes or trials · It is not available to individuals in the course of civil proceedings. with a view of some evidence of guilt to be used in the prosecution of a criminal action for some offense with which he is charged .· Commanding a peace officer to search for personal property. it is VOID · The proceedings upon search warrants must be absolutely legal · It will always be construed strictly without going the full length of requiring technical accuracy. 5. in a general manner · This does not specify or describe with particularity the things searched and seized · This kind of warrant is constitutionally objectionable therefore VOID 3. it is the physical taking of a thing into custody . buildings or other premises. the determination of the guilt of the accused General warrant: · A process which authorizes the search and seizure of things. A search warrant must conform strictly to the requirements of the constitutional and statutory provisions under which it is issued · Otherwise.
Contemplates a forcible disposition of the owner ..
. Proceeds or fruits of the offense. Subject of the offense. provided that the rectification is based on sound and valid . . and the time of making the affidavit performed particular acts or committed The nearer the time at which the observation of the specific omissions violating a given provision offense is alleged to have been made. Implements of gaming and grounds counterfeiting . Diokno) reasonable the conclusion of establishment of probable cause · Probable cause is determined in the light of the conditions obtaining in given 7. PERSONAL PROPERTY TO BE SEIZED situations. Kinds of personal property to be seized: existence of probable cause. but there is no general formula or fixed rule for the determination of the A.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) · Probable cause presupposes the 6. Existence depends of a large · The means used or intended to be used degree upon the finding or of the opinio n for committing an offense of the judge conducting the examination. · Search warrants have been allowed to search for the ff: b. A good and practical rule of thumb to measure the introduction of competent proo f that the nearness of time given in the affidavit as to the date of the party against whom it is sought has alleged offense. Stolen goods himself. Which must be determined personally by the judge . the more of our criminal laws (Stonehill v . and . Those supposed to have been smuggled into the country in violation of · A judge may reverse his finding the revenue laws of probable cause. Lottery tickets · This requirement does not extend . and not by the applicant or any other person.
there is neither a trial nor a search warrant is directed part of the trial C.Prohibited liquors kept for sale to deportation proceedings (Morano vs. The fact that a thing is a corpus delicti of a crime does determine probable cause: . devices the complainant and any witness he may produce. B. dangerous materials so kept as to c. Slot machines. on facts personally known to them. in writing and under oath. Obscene books and papers kept · Immigration Commissioner has for sale or circulation authority to determine probable cause ONLY . endanger public safety personally examine in the form of searching . Powder and other explosive and for the purpose of issuing a warrant of arrest. before issuing the warrant. Property seized is not · Application for a search warrant required to be owned by the person against whom the is heard ex-parte. Vivo) contrary to law . being gambling questions and answers. It s not necessary that · Examination must be under oath there be arrest or prosecution before seizure could be and may not be in public affected · Examination of witnesses to D. The judge must.
Examination must be under oath. defined as such facts and circumstances · This is to outlaw general which would lead a reasonably discreet and warrants prudent man to believe that an offense has been committed and that the objects sought · Otherwise. this would place the in connection with the offense are in the place sanctity of the domicile and the privacy of sought to be searched. and 9. Probable cause questions and answers · It is such facts and circumstances antecedent to the issuance of the warrant. Section 2 Article III of the 1987 Constitution is the personally constitutional basis of the rule on search and seizure . should not be based on mere hearsay. or is about to commit. a mere suspicion or belief crime d. Examination must be reduced to writing in the form of searching a. Judge must examine witnesses 8. Requisites for the issuance of a valid search warrant . communication and correspondence at the . The probable cause must be in connection with one · Probable cause for a search is specific offense. · The test in determining whether that are in themselves sufficient to induce a the allegations in an application for a search cautious man to believe that the person warrant are based on personal knowledge against whom the search warrant is applied. nor had committed.not justify the seizure without a warrant .
he is not protected by the warrant and he only assumes to act without process If the officer acts within the command of his warrant. he may break open any outer or inner door or window of a house or any part of a house or anything to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. or if name is unknown. Obeying strictly the command of his warrant. · 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. The warrant issued must particularly describe the place to be searched and the persons or things to be seized. and · This requirement is sufficient if the officer to whom the warrant is directed is enabled to locate the same definitely and with certainty. he may break open outer or inner doors. but if he exceeds the command. If the officer follows the command of the warrant. so as to exclude all others. The sworn statements together with the affidavits submitted by witnesses must be attached to the record.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) mercy of the whims. 10. he is designated by words sufficient to enable the officer to identify him without difficulty f. e. he is protected even if the complaint is proven to have been unfounded. and his justification does not depend upon his discovering that for which he is to make the search If officer is refused admittance to the place of directed search after giving notice of his purpose and authority. · This does not require the true legal description to be given in a required form · The constitution requires that it be a description which particularly points to a definitely ascertainable place. · 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. Demand is necessary prior to a breaking in of the doors. he is protected. only where some person is found in charge . caprice or passion of peace officers.
12. all under oath 16. in order to find and seize the things connected with the crime as its fruits or as the means by which it was committed Search made without a warrant cannot be justified as an incident of arrest unless the arrest itself was lawful Search must be made at the place of the arrest and contemporaneous with the arrest. residing in the same locality The searching officer should also be considerate of the premises searched. or in the presence of at least 2 witnesses of sufficient age and discretion. In searching a house. he should mar the premises as little as possible. After such time. under the pretense of searches 13. 11. such shall be done in the presence of a lawful occupant or any member of his family. with the true inventory. warrant may be served anytime of the day or night. otherwise it is not an incident to the arrest. A warrant is valid for ten days from its date. it is VOID A search warrant cannot be used everyday for 10 days. 15. and should carefully replace anything he finds necessary to remove. Warrant must be direct and served in the day time Exception: if affidavit asserts that the property is on the person or in the place ordered to be searched here. Searches incident to lawful arrest This is the most important exception to the necessity for a search warrant This right includes in both instances that of searching the person who is arrested. Officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant or any member of the family or at least 2 witnesses of sufficient age and discretion residing in the same locality.of the building to be searched. Officer must also deliver the property seized to the judge who issued the warrant. room or other premises. and for a different purpose each day warrant used to seize one thing cannot be used as authority to make another search This rule is NOT APPLICABLE when the search for a property mentioned in the warrant was not completed on the day when the warrant was issued and had to be continued the next day 14. In other words. The general rule prohibits search in the night because sometimes robberies happen. a search is not incidental to the arrest unless the .
search is made at the place of arrest. Other cases where warrantless searches and seizures are valid Search of moving vehicles . contemporaneously with the arrest. Checkpoints are valid (Valmonte case) . The right is limited to the time and place of the arrest 17.
Vessel can be quickly moved out of the locality or jurisdiction in which the search warrant must be sought before such warrant could be secured When search is based on probable cause under extraordinary circumstances 18. Character of the articles procured.ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) . including the ff: . The purpose of the search . Place or thing searched . Exception: in a dwelling house . or where the conditions prescribed by the stature have not been met What constitutes a reasonable or unreasonable search or seizure in any particular case is purely a judicial question Such is determinable from a consideration of the circumstances involved. Presence or absence of probable cause . Manner in which the search and seizure was made . Unreasonable search and seizure is such where it is not authorized by statute. Warrantless search of aircrafts as well as fishing vessels breaching our fishery laws Consented search without a warrant Seizure of evidence in plain view Enforcement of custom laws . Searches and seizure inside a home are presumptively unreasonable .
Through RA No. papers and effects. It could thus only be invoked against the State. 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. 4200 was approved on 19 June 1965 It also penalizes other acts similar to wire-tapping. that illegally seized documents. tapping of phone wires of the premises of an accused. RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES 1. not the sala of another judge of concurrent jurisdiction this is done through a motion to quash warrant of arrest Objections to the legality of the search warrant and to the admissibility of the evidence obtained are deemed waived when no objection to the legality of the search warrant was raised during the trial. is already ABANDONED The exclusion of such evidence is the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures. 2.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. 19. The following are the provisional remedies under the Rules of Court: · Attachment (Rule 57) Injunction (Rule 58) . The Moncado Ruling. RA No. The Non-exclusionary rule is contrary to the letter and spirit of the prohibition against unreasonable searches and seizures 21. 4200 or the Anti-Tapping Law. by others who are not authorized by the former to record or tape. Some similar acts are taping or recording conversations of people. Provisional remedy is one provided for present need or for the occasion that is one adopted to meet a particular exigency. 20. wherein persons accused of violation criminal laws are engaged in conversation constitutes a violation of the Constitutional provision on the right of the people to secure in their persons. papers and things are admissible in evidence.
· Receivership (Rule 59) · Delivery of personal property or Replevin(Rule 60) and · Support Pendente Lite (Rule 61) 3. to secure the judgment or preserve the status quo · If provisional remedies are applied to 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. Purpose of provisional remedies · Provisional remedies are applied pending litigation. 4. . the court is not deprived of its authority to issue preliminary and auxiliary writs which do not go into the merits of the case.
or for a willful violation of duty. agent. . Attachment . . removed or disposed of his property or is about to do so. Appointment of receiver . When action for recovery is on a cause of action arising from law. factor. and . or quasidelict and accused is about to abscond from the Philippines. or clerk. Fixing amounts of bonds 5. When the accused has concealed. in the course of his employment as such. When action is against a party guilty of fraud in contracting the debt upon which action is brought. or by any person in a fiduciary capacity. or an attorney. Preliminary injunction .ZPG REMEDIAL LAW (CRIMINAL PROCEDURE) Preliminary writs and auxiliary writs referred to are those such as the ff: . 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. delict. or in the performance of incurred obligation. or any officer of a corporation. with intent to defraud his creditors. . . contract. Attachment 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 · This remedy is available in the following cases: . broker. When action is against a party who removed or disposed of his property or is about to do so. quasi-contract.
Public prosecutor has the authority to apply for preliminary attachment as may be necessary to protect the interest of the offended party . When the accused resides outside the Philippines · 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. 6..
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