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Rule 118: Pre-Trial He must study the allegations in the

information, the statements in the affidavits of
What is the nature of a pre-trial? (Rule 118, witnesses and other documents forming part of
Sec. 1) the preliminary investigation. (A.M. No. 03-1-09-
SC, 7-13-04, effective 8-16-04)
-A pre-trial, whether in a criminal or civil case is
always mandatory. It may never be dispensed What should the Court do if plea bargaining is
with. agreed upon?
-In criminal cases, it is mandatory in cases The court must:
cognizable by the Sandiganbayan, Regional Trial
Court, Metropolitan Trial Court, Municipal Trial a) issue an order to that effect;
Court in Cities, Municipal Trial Court and b) proceed to receive evidence on the
Municipal Circuit Trial Court. civil aspect; and
c) render and promulgate judgment of
Purpose of Pre-trial (Rule 118, Sec. 1) conviction including the civil liability
or damages duly established by the
Pre-trial considers the following (6):
evidence. (A.M. No. 03-1-09-SC, 7-
a) Plea bargaining 13-04, effective 8-16-04)
b) Stipulation of Facts
NOTE: If plea bargaining fails, the judge
c) Marking for Identification of evidence of
shall adopt the minutes of the
the parties
preliminary conference (before the clerk
d) Waiver of objections to admissibility of
of court) as part of the pre-trial
evidence
proceedings
e) Modification of the order of trial if the
accused admits the charge but Note: AM No. 12-8-8-SC or Judicial Affidavit
interposes a lawful defense; and Rule (JAR)
f) Such matters as will promote a fair and
expeditious trial of the criminal and civil To speed up court proceedings, the
aspects of the case. Supreme Court through its rule making power
issued the Judicial Affidavit Rule.
Note: = Plea bargaining is proper in Pre-trial.
Judicial Affidavits take the place of
=Facts stipulated upon are among those direct testimonies of the parties to a case and
that need not be proved during trial. their witnesses. Instead of a party or a witness
going to court and being asked questions by the
=Evidence that were not presented and
counsel for his testimony, their direct
marked during the pre-trial, and subsequently
testimonies are now being taken outside of the
are not included in the pre-trial order, may be
court through their judicial affidavits.
objected to when presented and offered during
trial. Contents of Judicial Affidavits:
*Waiving objections over the Section 3. Contents of Judicial Affidavit-
admissibility of the opposing party’s evidence is A judicial affidavit shall be prepared in the
probably the most useless purpose of pre-trial. language known to the witness and, if not in
Neither the prosecutor nor defense, in his right English or Filipino, accompanied by a translation
mind, would waive his objections over the in English or Filipino, and shall contain the
opposing party’s evidence. following:
When is pre-trial held? (a) The name, age, residence or
business address, and occupation of the
Pre-trial shall be held after arraignment
witness;
and within thirty (30) days from the date the
(b) The name and address of the
court acquires jurisdiction over the person of
lawyer who conducts or supervises the
the accused, unless a shorter period is provided
examination of the witness and the place where
for in special laws or circulars of the Supreme
the examination is being held;
Court.
(c) A statement that the witness is
Note: A pre-trial needs a Notice of Pre-trial. answering the questions asked of him, fully
conscious that he does so under oath, and that
Duty of the Judge before pre-trial conference:

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he may face criminal liability for false testimony (1) Where the maximum of the
or perjury; imposable penalty does not exceed six years;
(d) Questions asked of the witness (2) Where the accused agrees to
and his corresponding answers, consecutively the use of judicial affidavit irrespective of the
numbered, that: penalty involved; or
(1) Show the circumstances (3) With respect to the civil aspect
under which the witness of the actions, whatever the penalties involved
acquired the facts upon are.
which he testifies;
(2) Elicit from him those facts (b) The prosecution shall submit the
which are relevant to the judicial affidavits of its witnesses not later than
issues that the case five (5) days before pre-trial, serving copies of
presents; and the same upon the accused. The complainant or
(3) Identify the attached the public prosecutor shall attach to the
documentary and object affidavits such documentary or object evidence
evidence and establish their as he may have, marking them as Exhibits A, B,
authenticity in accordance C, and so on. No further judicial affidavit,
with the Rules Of Court; documentary, or object evidence shall be
(e) The signature of the witness admitted at the trial.
over his printed name; and
(b) If the accused desires to be heard on
(f) A jurat with the signature of the
his defense after receipt of the judicial affidavits
notary public who administers the oath or an
of the prosecution, he shall have the option to
officer who is authorized by law to administer
submit his judicial affidavits as well as those of
the same.
his witnesses to the court within ten (10) days
Attestation Clause: from receipt of such affidavits and serve a copy
of each on the public and private prosecutor,
Section 4. Sworn Attestation of the including his documentary and object evidence
Lawyer. – previously marked as Exhibits 1, 2, 3, and so on.
These affidavits shall serve as the direct
(a) The judicial affidavit shall testimonies of the accused and his witnesses
contain an attestation at the end, executed by when they appear before the court to testify.
the lawyer who conducted or supervised the
examination of the witness, to the effect that: What is the effect of non-compliance with the
(1) He faithfully recorded or Judicial Affidavit Rule?
caused to be recorded the
questions he asked and the This is answered by Section 10 of the
corresponding answers that Rule.
the witness gave; and
Sec. 10. Effect of Non-compliance with
(2) Neither he nor any other
the Judicial Affidavit Rule.
person then present or
assisting him coached the (a) A party who fails to submit the
witness regarding the required judicial affidavits and exhibits on time
latter’s answer; shall be deemed to have waived their
(b) A false attestation shall subject submission. The court, may, however, allow only
the lawyer mentioned to disciplinary action, once the late submission of the same provided,
including disbarment. the delay is for a valid reason, would not unduly
prejudice the opposing party, and the defaulting
Application of JAR in criminal proceedings:
party pays a find of not less than P 1,000.00 nor
In criminal cases the application of the Judicial more than P 5,000.00, at the discretion of the
Affidavit Rule as well as the time for its court.
submission are all provided for in Sec. 9 of the (b) The court shall not consider the
Rule or AM No. 12-8-8-SC. affidavit of any witness who fails to appear at
the scheduled hearing of the case as required.
Sec. 9. Application of the Rule to all Counsel who fails to appear without valid cause
criminal actions. – (a) This rule shall apply to all despite due notice shall be deemed to have
criminal actions: waived his client’s right to confront by cross-
examination the witnesses there present.

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The court shall not admit as evidence judicial 10am, the court may simply
affidavits that do not conform to the content take judicial notice of it.
requirements of Section 3 and attestation
requirement of Section 4 above. The court, may, W: I’m a student at UP.
however allow only once the compliant P: Is UP a market?
replacement affidavits before the hearing or *Again, instead of adducing
trial provided the delay is for a valid reason and evidence that UP is school or
would not unduly prejudice the opposing party university, the court may simply
and provided further, that public or private take judicial notice of it.
counsel responsible for their preparation and
submission pays a fine of not less than P Doctrine of Processual Presumption/ Presumed
1,000.00 nor more than P 5,000.00, at the Identity Approach
discretion of the court.
May courts take judicial notice of foreign laws?
Pre-trial Agreement (Rule 118, Sec. 2)
No. Foreign laws are never the subject
All agreements or admissions made or of judicial notice. They must be properly alleged
entered during pre-trial conference shall be in a pleading and duly proved. In case a foreign
reduced in writing and signed by the accused law is not alleged or it is not duly proven, it is
and counsel, otherwise, they cannot be used presumed to be identical with the local law.
against the accused. The agreements covering
How are foreign laws proven? (Rule 132 Sec.
the matters referred to in section 1 of this Rule
24)
shall be approved by the court.
Foreign laws may be evidenced by an
What are the requisites of a valid pre-trial
official publication thereof or by a copy attested
agreement?
by the officer having the legal custody of the
The following are the requisites of a record, or by his deputy, and accompanied, if
valid pre-trial agreement. the record is not kept in the Philippines, with a
certificate that such officer has the custody. If
a) It must be in writing. the office in which the record is kept is in a
b) It must be signed by the accused and foreign country, the certificate may be made by
counsel. a secretary of the embassy or legation, consul-
general, consul, vice-consul, or consular agent
Note: Absent any of the above requisites, any or by any officer in the foreign service of the
admission made by the accused during pre-trial, Philippines stationed in the foreign country in
may not be used against him. which the record is kept, and authenticated by
the seal of his office.
General Rule: Allegations must be proven.
Exception/ (What need not be proven): Alternative Dispute Resolution (ADR)
1) Judicial admission entered at the What are the modes of alternative dispute
pre-trial signed by the accused and resolution?
counsel.
2) Matters that can be taken judicial The following are the modes of
notice of. alternative dispute resolution.
*Judicial Notice connotes that a
matter is considered as fact without a) Mediation
any proof. Judicial notice may be b) Conciliation
mandatory or discretionary but c) Mini trial
these are better taken in the subject d) Early Neutral Evaluation
of evidence. e) Arbitration
Eg of Judicial Notice. f) Proceedings before the Philippine
Mediation Center
Witness (W): I saw the accused at g) Any combination of the foregoing
10 am in the morning.
Proceedings before the Philippine Mediation
Prosecutor (P): Is the sun up when
Center (PMC) / Court Annexed Mediation
you saw him?
(CAM)
 Instead of asking whether the
sun is up or is it daytime during

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c) Violation of BP 22 Purpose: Possibility of Plea d) Theft Amicable bargaining. excuse for his allowed for these offenses. been served and within What crimes may be the subject of and filed. NOTE: while violations of traffic defendant conference rules & regulations. violations dispute objections to of municipal or city ordinances resolution admissibility because compromise is prohibited) of evidence. The does not exceeding 1. compromise is not the plaintiff. 2. e) Malicious Mischief Settlement or stipulation of f) Slander or Libel submission to facts. jurisdiction over the a) Estafa person of the b) Civil aspect of quasi-offenses accused.000. other g) Quasi-offenses except those that matters that result to physical injuries or death will promote a fair and Additionally. dismissal of his prosecutor exceed 6 months or a fine not trial: action. (It is the 4 . Summary Procedure (EXCEPT: modes of waiver of violations of traffic rules. ex-parte. by the pre-trial 3. Katarungang Pambarangay Law who is the court may (offenses punishable by not more sanctioned) impose than 1 year or fine of not more than proper 5. Civil Case Criminal Case The purpose of CAM is settlement. parte motion day period which may be extended for another by the plaintiff 30-day period.000) sanctions or penalties. offenses whose penalty do not during Pre. the case is brought back to the Courts for pleadings have arraignment Judicial Dispute Resolution. thirty (30) mediation(PMC)/JDR? days from the date the court 1. If no settlement will be arrived When held: After all After at. of trial. Before pre-trial and trial. nonappearance appear during 2. Those covered by the Rule on the alternative of evidence. Violation of Rental Law. The civil aspect of the following acquires crimes may be the subject of mediation. It lasts for a 30. lack of b) Offenses covered by the (It is the party cooperation. criminal cases Pre-trial in Civil Cases Compared to Pre-trial in that may be the subject of mediation are Criminal Cases brought before the PMC for CAM. How The Court The court initiated: moto proprio moto proprio Proceedings before the CAM are or upon an ex- unrecorded and confidential. Cases cognizable by the Lupong modification Tagapamayapa under the of the order Katarungang Pambarangay Law. Failure to of the plaintiff accused or to wit: Appear warrants the the 1. marking 1. the following are also expeditious covered: trial a) Those covered by the Rules on Imposition of The If the counsel Summary Procedure (except those Sanctions for nonappearance for the where compromise is prohibited). and warrants the and does not municipal or city ordinances presentation of offer an are covered by the Summary evidence by acceptable Rules.

such rule requirement trial. the rules. The trial briefs. they cannot be used against him. and his counsel. accused’s counsel or prosecutor who is sanctioned) Necessity of The parties are Pre-trial briefs Pre-trial Brief required to file are not and serve their mandated by respective pre. Rule 119: Trial Over-all Diagram of Mediation and Court Trial Must Be Continuous (Rule 119 Sec. It may be postponed for a reasonable period of time for good cause. the accused shall have at least fifteen (15) days to prepare for trial. When is a case set for trial? (Rule 119 Sec. requiring that that all admissions or agreements agreements be and in writing and admissions signed by the made by the parties accused be in otherwise they writing and cannot be used signed by him against them. after consultation with the prosecutor and defense counsel. 2) Proceedings Trial once commenced. shall continue from day to day as far as practicable until terminated. Record There is no There is strict During Pre. except as otherwise authorized by the Supreme Court. The court shall. otherwise. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. 1) After a plea of not guilty is entered. set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. rules are silent as to its necessity. The trial shall commence 5 . In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial.

or proceedings relating upon the court. The Court considers the following in granting continuance or postponement. 10) If the information is dismissed upon *Note: Reasonable delays are allowed by the motion of the prosecution and Constitution and the Rules. 3 enumerates these delays. period of delay from the date the What types of delays are excluded from charge was dismissed to the date the computing the period for commencement of time limitation would commence to run the trial? as to the subsequent charge had there been no previous charge. if the court granted the with respect to other criminal continuance on the basis of its findings charges against the accused. of the right to dismiss under this section. More specifically. due diligence. 9) Any period of delay resulting from the mental incompetence or Failure of the accused to move for physical inability of the accused to stand dismissal prior to trial shall constitute a waiver trial. to change of venue of cases or What are the factors to be considered in transfer from other courts. and the accused in a speedy trial. Any period of delay accused over whom the court has not resulting from other proceedings concerning the acquired jurisdiction. not to exceed thirty (30) days. during which any proceeding What is the remedy of the accused that is not concerning the accused is actually brought to trial within the prescribed period? under advisement. an Rule 116 and section 1. accused or his counsel. as extended by section 6 essential witness shall be considered of this Rule. or. For purposes of this subparagraph. thereafter a charge is filed against the Rule 119 Sec. This accused for the same offense. 5) Delay resulting from orders of Note: Granting a postponement is discretionary inhibition.within thirty (30) days from receipt of the pre. including but not limited to the time for trial has not run and no motion following: for separate trial has been granted. The dismissal shall be subject to the rules on double jeopardy. 4) Delay resulting from pre-trial proceedings. the information may be dismissed absent when his whereabouts are on motion of the accused on the ground of unknown or his whereabouts cannot be denial of his right to speedy trial. (Rule 119 Sec 9) 8) Any period of delay resulting from the absence or unavailability of an If the accused is not brought to trial essential witness. He shall shall have the burden of proving the motion but be considered unavailable whenever his the prosecution shall have the burden of going whereabouts are known but his forward with the evidence to establish the presence for trial cannot be obtained by exclusion of time under section 3 of this Rule. as to whom the accused. 4) days. or on motion of either the of the accused. The following periods of delay shall be 11) A reasonable period of delay when the excluded in computing the time within which accused is joined for trial with a co- trial must commence. within the time limit required by section 1 (g). 12) Any period of delay resulting from a 1) Delay resulting from an examination continuance granted by any court motu of the physical and mental condition proprio. any list though is not exclusive. provided that the Factors in Granting Postponements or delay does not exceed thirty (30) Continuance (Rule 119 Sec. set forth in the order that the ends of 3) Delay resulting from extraordinary justice served by taking such action remedies against interlocutory outweigh the best interest of the public orders. 7) Delay reasonably attributable to any trial order. granting continuance or a postponement? 6) Delay resulting from a finding of the existence of a prejudicial question. period. or the 2) Delay resulting from proceedings prosecution. The accused determined by due diligence. 6 .

interposes a lawful defense. etc. due to the number of accused or the nature of the prosecution. (In a strict sense) the provisional remedy in the case. Order of Trial (Rule 119 Sec. A killed B. availability of witnesses. the case shall be deemed submitted for decision unless the court In the normal order of trial. It will Diagram now be A who needs to prove that the killing is not unlawful. omission charged in the complaint or b) The accused may present evidence to information but interposes a lawful defense. 11) Trial shall proceed in the following order: Reverse Order of Trial. upon the main issue. 1) B was killed. e) When the accused admits the act or 2) It was A. unusual and complex. information but interposes a lawful defense. What are not valid grounds for continuance? No continuance shall be granted because of congestion of the court’s calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. if any. the directs them to argue orally or to prosecution needs to prove that: submit written memoranda. and b) Whether or not the case taken as a whole is so novel. Trial in Absentia 7 . but modified. in the proper When the accused admits the act or case. who killed B. the prove his defense and damages. present rebuttal and sur- rebuttal evidence unless the court. omission charged in the complaint or 3) The killing was unlawful. a) The prosecution shall present evidence to prove the charge and. that order. arising from the issuance of a In such case. burden of evidence (not the burden of proof) c) The prosecution and the defense may in will switch to the accused. a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice. the prosecution does not need to prove the list above. Ampatuan trials – consider the sheer number of all the accused. the civil liability. Eg. permits them to burden of evidence are better taken in present additional evidence bearing evidence. the order of trial may be Now. if A admits the killing. or that it is unreasonable to expect adequate preparation within the periods of time established therein. parties. d) Upon admission of the evidence of the Eg. in *The distinctions between burden of proof and furtherance of justice. evidence against them. order of trial may be modified.

The testimony of the said accused absentia? can be substantially corroborated in its material points. The accused has been validly 6) After the court is satisfied of the above arraigned. cannot be convicted of the offense charged or any other offense necessarily included therein. Thus the accused must file a motion for the discharge of cannot be re-included in the same complaint or one or more accused to be a state information. a. State Witness: Effect of Becoming a State Witness 1) Two or more persons are jointly charged with the same offense in the complaint Note: An order granting the discharge of an or information. 18 and 19) It is the prosecution who files the motion. his 5) The court is satisfied that: sworn statement shall be inadmissible in a. it issues an order granting b. There is no other direct evidence When it becomes manifest at any time available for the proper prosecution before judgment that a mistake has been made of the offense committed. The prosecution may move/file a motion for the discharge of one or more Q: When must the motion be filed? accused as state witness or witnesses. The prosecution must file the motion Procedure for the Discharge of an Accused as a before resting its case. testimony of the accused whose discharge is requested. The accused has been duly notified the motion for discharge of the accused of the trial or hearings. except in charging the proper offense and the accused the testimony of the said accused. he may be prosecuted again/re- It is in this hearing that the prosecution included in the same offense. witness or witnesses. Mistake made in charging the proper offense. The absence of the accused or his failure to appear is unjustified. 17. There is absolute necessity for the evidence. If the court denies the motion for co-accused’s participation. b. c. Said accused has not at anytime valid trial in absentia. discharge of the accused as state witness. At the said hearing. The following are the requisites of a d. Q: Who may file the motion for the discharge of an accused to be a state witness? Discharge of an Accused as a State Witness (Rule 119 Sec. his sworn statement constituting the basis for 4) There must be a hearing on the motion.What are the requisites of a valid trial in c. What remedy may the prosecution resort to if it wants to A court order granting the motion of an come up with evidence to secure conviction? accused asking for his discharge to be a state witness is void. must prove the requisites for one to be a state witness. 8 . But if the accused fails or refuses to 3) The motion for discharge must be with testify against his co-accused in accordance with the consent of the accused. been convicted of any offense involving moral turpitude. the Admissibility of the Sworn Statement by the prosecution must present evidence Accused whose Discharge as a State Witness is along with the sworn statement of the being sought accused whose discharge as a state witness is sought. Q: There are several accused jointly tried for an offense arising from a single complaint or Q: What is the nature of a court order granting information. it acquittal for the accused. The sworn statement Note: Evidence adduced in support of the of the accused must show how the discharge shall automatically form part of the crime was committed and his and his trial. to be a state witness. The prosecution cannot locate the motion of an accused asking for his witnesses and cannot obtain pieces of discharge to be a state witness? evidence to secure a conviction. accused to be a state witness operates as an 2) Before the prosecution rests its case. his discharge. requisites.

discharged as a state witness? Witness Protection Program under RA 6981 In order for one to be a state witness. immunity statute. accused against his co- Q: Is it necessary that the accused. and Tariff and Customs Code. discharge as a state witness is being sought. for the proper offense and dismiss the original case upon the filing of the proper information. prosecution for the offense or offenses in which his testimony will be given or used and all the Q: What are the requisites for one to be rights and benefits provided. whose himself may accused. be substantially corroborated in its the RPC or material points. Some other forms of the court shall commit the accused to answer immunity statues are the following. (WPP) Witness b) There is no other direct evidence Offense The offense Applies to all available for the proper prosecution Charged: charged must offenses of the offense committed. a) Republic Act No. In such case. The witness is the most guilty. No. A. as may be given to informants for certain it felt that it may secure a conviction even crimes punished by the RPC. Even if A was available code). 14 – Authority is Q: The court issued an order granting the given to the PCGG to grant immunity in prosecutor’s motion for the discharge of one of cases involving ill-gotten wealth the accused. and the Witness whether a one or more e) Said accused has not at any time being an plain witness accused been convicted of any offense Accused: or the testifying involving moral turpitude. 9165 or the Dangerous been discharged as a state witness may be Drugs Act – Authority is given to the prosecuted if the proper offense has been filed. NIRC (tax without his testimony. 6700 or the Ombudsman Law – Authority is granted Note: In case a mistake has been made in to the Ombudsman to grant immunity charging the proper offense and there can be no in cases involving Government Officials conviction on any offense necessarily included and employees in the offense charged. There is no rule requiring that the Necessity of The witness The witness is accused be the least guilty before he may be being charged need not be necessarily discharged as a state witness. The accused will not be reincluded in the same Admission into the Program shall entitle complaint or information since it was not his such witness to immunity from criminal fault that he could not testify. the testimony of the accused. to testify. The e) Republic Act No. to be the most guilty. felony less grave. to qualify in 9 . d) Said accused does not appear to be Necessity of Any witness. the accused that has b) Republic Act No.the accused shall not be discharged if there Note: Being a State Witness is a form of appears good cause to detain him. to be a state witness. 6981 or the Witness prosecution then moved to reinclude A’s name Protection Program. DOJ to grant immunity in drug cases c) Executive Order No. special laws. The d) Presidential Decree 749 – Immunity prosecution though no longer presented A. 17 the court must be satisfied of the following: Witness Discharge of a) There is absolute necessity for the Protection an Accused to testimony of the accused whose Program be State discharge is requested. distinguished from Rule 119 Sec. May A be prosecuted? Effect of Admission into the Witness Protection Program Suggested Answer: Not anymore. All that the rules in court: charged in charged in require is that the said accused does not appear court in order court. except be a grave whether light. he was never called to do it. or c) The testimony of the accused can punishable by grave. be be qualified the least guilty in the offense charged? under the WPP. among those currently prosecuted.

the court has two the witness and his requirement options – (1) dismiss the case on its own or receiving relatives by exists. upon demurer to evidence filed by the accused threats: affinity or or (2) allow the case to proceed. the accused with or without leave of court. 10 . the ground for filing a insufficiency of evidence (1) on its own initiative demurrer to evidence is insufficiency of after giving the prosecution a chance to be evidence. such benefits. *Note: even if the grounds for filing a demurrer Note: If the court dismisses the criminal action to evidence in a civil or criminal case are on its own. What then constitutes thing. Note: After the prosecution has presented its Necessity of The witness No such evidence in chief and rests. 119 Sec. Benefits The witness The accused Demurrer to Evidence. immunity: the DOJ. “opportunity to be heard for the prosecution”? Procedure for filing a demurer to evidence: Before the court dismisses a criminal action on its own after the prosecution rests its 1. the court may dismiss the action on the ground of In a criminal case. identity. evidence in chief and rests. the accused has two Authority The immunity The immunity options – (1) File a demurrer to evidence or (2) granting the is granted by is granted by present its evidence. WPP. Prosecution rests case. the ground for filing a heard or (2) upon demurrer to evidence filed by demurrer to evidence is lack of cause of action. they actually mean the same chance to be heard. the courts. witness must not be a member of a law enforcement agency. Received: receives who has been certain discharged as What is the nature of a demurrer to evidence? benefits such a state as relocation witness A demurrer to evidence has the nature and change of receives no of a motion to dismiss. Witness being In order to No such a law qualify under requirement enforcer: the WPP. 23) What is the ground of a demurrer to evidence? After the prosecution rests its case. When is a demurrer to evidence filed? A demurrer to evidence is filed after the Dismissal due to Insufficiency of Evidence (Rule prosecution rests. it must afford the prosecution a worded differently. consanguinity within the second degree is being threatened with bodily harm. the exists. in order for the witness to qualify under Note: After the prosecution has presented its WPP. evidence. In a civil case. the court must issue an order directing 2. Accused files a motion for leave of court the prosecution to explain why the case must to file demurrer to evidence within five not be dismissed on ground of insufficiency of (5) days after the prosecution rests.

The accused files his demurrer to evidence without first filing a motion for evidence either with leave or without leave of court. Additional notes: Granting a demurrer to evidence Demurrer to Evidence and the Civil Aspect of operates as an acquittal of the accused. the court is called evidence and submits the case for judgment on upon to decide the case including its civil the basis of the evidence for the prosecution. whose demurrer to evidence filed with leave of court In case of acquittal. (b) the The accused must now present his court declares that the liability of the accused is evidence. The answer should be qualified as Demurrer to evidence filed with Leave of follows: Court. leave of court. the accused waives the right to present evidence. the accused may was denied? still be adjudged civilly liable where: (a) the acquittal is based on reasonable doubt. the accused files a demurrer to evidence. 1. the evidence is sufficient. the accused has ten evidence notwithstanding that his (10) days from notice of the order earlier filed motion for leave of court within which. or has instituted the civil action prior to the criminal action. (the motion for leave evidence. the accused submitted for judgment on the basis of the may adduce evidence in his defense. A demurrer to evidence is filed with leave of court if the earlier-filed motion for In case of conviction. or (c) the civil liability of the accused does not arise from or is not based upon the Demurer to Evidence Filed without Leave of crime of which the accused is acquitted. If the motion for leave 2. in its mind. or has reserved his right to of court? institute it separately. There is no prior leave of court to file 4. When the evidence for the prosecution as the accused is demurrer to evidence is filed without leave of deemed to have waived his right to present court. a) If the demurrer to evidence is filed What is the significance of obtaining prior without leave of court: leave of court in filing a demurer to evidence? If the demurrer to evidence is filed If the court denies the demurrer to without leave of court. In resolving the demurrer to evidence. or When is a demurrer to evidence filed without comment to the motion for leave within leave of court? five (5) days from its receipt of the motion for leave. The accused files a demurrer to 5. What is the remedy of the accused. Court But if the accused is acquitted and there is a finding in the final judgment in the criminal 11 . The prosecution files its opposition. the Criminal Action A court denies a demurrer to evidence if Case: After the prosecution has rested its case. only civil. The accused filed a demurrer to has been granted. the whole case is evidence filed with leave of court. aspect. 3. the trial court leave to file demurrer to evidence is granted by should state in its judgment the civil liability or the court. damages to be recovered by the offended party from the accused. should the Note: The order denying the motion for leave or trial court likewise decide the civil aspect of the demurrer to evidence itself is not the case and determine the civil liability of the reviewable by appeal or certiorari before accused? judgment. to file his demurrer to has been denied. has been denied but the accused still 6. In this situation. unless the offended party has waived When is demurrer to evidence filed with leave the civil action. The court either issues an order filed a demurrer to evidence) granting or denying the demurrer to evidence. The court issues an order granting or demurrer to evidence in the following instances: denying the motion for leave.

or any establish a preponderance of evidence. How will RTC. adequate. 139 (2002) In such instance. the accused may What is the prosecution’s remedy against an present evidence regarding both the criminal order granting a demurrer to evidence? and civil aspect of the case. except if the trial court finds that the act or omission Depriving the Prosecution an Opportunity to from which the civil liability may arise did not Prove the Identity of the Accused Upon Grant exist. Feb. and it operates as an acquittal of the No. The denial of a demurrer to accused. the accused. the court ordered A acted with grave abuse of discretion when it 12 . and speedy remedy in the court grants the demurrer. People. 441 Phil. Without any evidence to prove his identity as the perpetrator of the crime. the civil aspect of the case shall proceed. The order granting a Q: Is denial of a demurrer to evidence without demurrer to evidence is an adjudication by prior leave of court equivalent to conviction? merits. the court failed to resolve the civil aspect of May the prosecution appeal the order of the the case? court granting the demurrer to evidence? (Sanvicente v. It does not even aside the court’s order. of a Demurrer to Evidence Constitutes Grave No. the court may not order him to present evidence. When an accused waives his right to present evidence by b) If the demurrer to evidence is filed filing a demurrer to evidence without leave of with leave of court: court. A filed a What if in granting the demurrer to evidence. Thus. warrant an automatic conviction. he failed to court may require the prosecution to prove the appear. the remedy by the offended party is to appeal the civil aspect of No. case? who happens to be the one to prove the identity of A as the author of the crime. the day of A’s giving of testimony. if other plain. The prosecution has already presented 3 the court proceed as to the civil aspect of the witnesses. it does not follow due process or lack or excess of jurisdiction and that the same evidence is insufficient to upon showing that there is no appeal. but a If the court grants the demurrer to petition for certiorari under Rule 65 on the evidence because the evidence so far presented ground of grave abuse of discretion amounting by the prosecution is insufficient as proof to lack or excess of jurisdiction or a denial of beyond reasonable doubt.action that the act or omission from which the to present his evidence. demurrer to evidence. Nonetheless. The prosecution cannot appeal the case. The court will Q: What is the remedy of the prosecution still determine whether the evidence when the court dismissed the criminal action presented by the prosecution can sustain a on its own on the ground of insufficiency of conviction beyond reasonable doubt.R. (Hun Hyung Park v. If it does evidence. The remedy of the prosecution is to evidence filed without prior leave of court is file a petition for certiorari under rule 65 to set not equivalent to conviction. G. 165496. proceedings on the ordinary course of law. The prosecution moved for a accused’s civil liability by preponderance of postponement but the trial court denied it. but without first affording an not. evidence. opportunity for the prosecution to be heard? Q: A. 12. Eung Won Choi. then the issuing such order? civil action based on the delict is deemed extinguished. It petition for certiorari under Rule 65. The court granted it. such order without violating the accused’s right against double jeopardy. evidence because the evidence presented by the prosecution is sufficient. filed a demurrer to evidence The prosecution’s remedy is to file a without first obtaining prior leave of court. It has one more remaining witness. 2007) Abuse of Discretion Scenario: A filed a demurrer to evidence with Scenario: A was charged for murder before the leave of court. The court granted it. On the As to the civil aspect of the case. The court is not correct. The remedy is not appeal. then the case will be dismissed. The court was denied. Doing so constitutes grave abuse of If the court denies the demurrer to discretion. Is the court correct in civil liability may arise did not exist.

briefs. nangopya lang ng What is judgment? (Rule 120. July 23. a memorandum demurrer to evidence itself pursuant to Rule 15. based? It is a one page resolution that has nothing attached to explain why the said judgment was The parties to a litigation should be arrived at. 1) even decisions adopting the parties’ position papers. 2012) based is precisely prejudicial to the losing party. By its very nature.did not afford the prosecution an opportunity A memorandum decision is a decision to be heard. It must be personally and directly What is a minute resolution? prepared by the judge. in the shortest possible way. 2.. Sec. and pleadings are also 1. distinctly state the facts and law upon which it is Araneta Inc. Sec. not the the offense charged and the imposition on him references. motions. is Neither the Clerk of Court nor his assistants take called a sin perjuicio judgment. RULE 120: JUDGMENT (In other words. It must be written and in the official called memorandum decisions. It must contain clearly and distinctly a Simply put. decision may be rendered only by an appellate tribunal. While they are the results of the September 7. dated ______ Why must the judgment state clearly and and reads as follows: The petition is denied for distinctly the facts and law upon which it is lack of merit. It is void. a minute resolution is a statement of the facts and the law upon resolution denying petitions for review. v. Requisites of a valid judgment (Rule 120.) language. informed of how it was decided. It is valid losing party is entitled to know why he lost. 2010) deliberations by the Justices of the Court. etc. with an explanation of the factual and legal reasons that Is a minute resolution valid? led to the conclusions of the trial court. issued a resolution in this case. it is the decision of court that the accused is guilty or not guilty of the lower court that is adopted. prompt dispatch of the actions of the (Lumanog. They Memorandum Decision and Minute Resolution merely transmit the Court’s action in the form prescribed by its Internal Rules. 182555. CA GR No. et. 196358. part in the deliberations of the case. adjudication by merit which becomes final. “Please take notice that the Court it and filed with the Clerk of Court. position papers. or arguments on points of facts and of the proper penalty and civil liability. which it is based.” No further explanation is added. In the broad sense though.. 1) decision ang appellate court. memoranda. GR No. 4. if any. Note that in Judgment is the adjudication by the a memorandum decision. As the Court What is a Memorandum decision? explained in Borromeo v. A motion for leave of an inferior tribunal. distinctly the facts upon which it is based. appeal. Hehe. no 13 . (Oil and Natural Gas to file a pleading or motion shall be Commission v. GR No. 3. Court of Appeals. A decision that does not clearly and Rationale: (As quoted from Jandy J. 1998) accompanied by the pleading or motion sought to be admitted. should he believe that the decision should be reversed. Section 9. who is unable to pinpoint to possible errors of Minute resolutions are issued for the the court for review by a higher tribunal. memoranda. so for dismissing a petition for review. 114323. It is an he may appeal to the higher court. The Its validity must be qualified. Agoy v. It must be signed by the judge preparing Eg. People. which adopts by reference the findings of fact and conclusions of law contained in the decision *Note: Rule 15. Court. It is allowed and is not violative of the Constitutional provision that a decision shall The motion for leave to file demurrer to contain the facts and the law upon which it is evidence must then be accompanied by the based. al. they are promulgated by the Clerk of Court or his What is a SIN PERJUICIO JUDGMENT? assistants whose duty is to inform the parties of the action taken on their cases by quoting Note: A judgment that fails to state clearly and verbatim the resolutions adopted by the Court. if permitted. etc. law made by the parties through their pleadings. March 21.

Ombudsman had a change of mind. for supplemental reconsideration was filed. It held that the dismissal of the denying due course to a petition for review. With nothing to offended party. A once again went to the course to the subject actions and these already Supreme Court alleging that the Sandiganbayan state the required legal basis for such denial. When the Court does not find any to comply with the requisites of a valid reversible error in the decision of the CA and judgment. there is no need for the which is a petition for certiorari under Rule 65. It attained finality and res judicata may set in. On motion for reconsideration. and for his failure to file a the enforcement of the civil liability by a comment. in otherwise. CA G. To acted with grave abuse of discretion. Contents of a Judgment of Conviction (Rule 119 Sec. A argued require the Justices to sign all its resolutions that the validity of the information filed against respecting its action on new cases would be him could not be ruled upon by the courts in a unreasonable and unnecessary. Such judgment is valid subject of appeal. on review. unless support his argument. if any.. The dismissal of his previous petition was due to his failure to file a comment. since it already An error of judgment arises when the means that it agrees with and adopts the wrong and inapplicable set of facts and law was findings and conclusions of the CA. be Ruled Upon in a Minute Resolution These cases shall be discussed later in the topics of appeal and promulgation of judgment) Jose B. During the pre- resolutions that deny due course to actions filed trial. the remedy for denies the petition. 143419. the Ombudsman did not find probable cause to indict A for violation of the The judgment of conviction shall state graft and corrupt practices act. (People v. The Court has repeatedly said that barring a relitigation on the same issue. It is a void judgment. GR No. 144332. correct. V People of the Phil. A filed a motion to quash but 4) The penalty imposed upon the accused. or accessory. 2006. 2004. after three 3) The participation of the accused in the resolutions finding no probable cause for A’s offense whether as principal. The used. Another motion the accused. the criminal information was valid. The notices quote was valid as per the minute resolution by the the Court’s actual resolutions denying due Supreme Court. Sandiganbayan. Del Rosario Jr. They are the result of thorough deliberation among the members of the Error of jurisdiction arises from failure Court. and their ruling that the merely to state the legal basis for such denial. the same was denied. indictment. In other words. Court to fully explain its denial. the commission of the offense. A did not comply. information is valid is an adjudication by merits. previous petition. the Supreme Court denied his separate civil action has been reserved petition in a minute resolution and ruled that or waived. When he was required to recovered from the accused by the comment. and 2) The aggravating and mitigating this time. June 10. A filed a petition for 5) The civil liability or damages caused by certiorari to question the validity of the his wrongful act or omission to be information. court to state in its decision clearly and distinctly the fact and the law on which it is The Supreme Court simply resolved based. the Ombudsman found probable circumstances which attended the cause to indict A.R. 2) Facts: At first. the Constitution requires the court. No. minute resolution. minute resolutions dismissing the actions filed before it constitute actual adjudications on the Error of Judgment and Error of Jurisdiction merits. A again questioned the validity of the before it or the Chief Justice to enter his information. It held this view the following. June 22. The information was filed in the accomplice. The Sandiganbayan ruled that it certification on the same. it 1) The legal qualification of the offense again reiterated its finding that no probable constituted by the acts committed by cause exists for A’s indictment.law or rule requires its members to sign minute The case prospered. 14 . While the Constitution requires every and not some other grounds. It is a valid judgment though it may be decision sought to be reviewed and set aside is wrong. Even the Validity of a Criminal Information may 431 SCRA 610 as cited in Almuete v People. if there is any.

People. from which the civil liability might arise Robbery with Force Upon things is did not exist. she noticed B’s presence. nangiinsulto ka lang”. or of the Supreme Court held that B is liable for unjust offense charged which is included in the offense vexation. With his intent unkown. different from and does not include or is Duplicity of Complaint or Information (Rule necessarily included in Robbery with Violence. Sec. which is unlawful. Murder. an offense necessarily included in the proved. GR No. as (Lesson – The gist of the decision can be alleged in the complaint or information. the accused though. a penalty for each offense. Hehe) When is the offense charged necessarily From this Supreme Court decision. B failed. etc. 15 . Sec. January 30. the offense proved when some of the essential elements or ingredients of the former. The crime charged provided it is duly proved. opened it. a. Fortunately. 4 of Rule 120 is known as the Rule B intended nothing else but to rape A just by on Variance. mangrape. 120. B. the judgment of conviction for shall be convicted of the offense proved which is attempted rape was overturned. before A could inhale any of the fumes. 138033. Instead. the Court ruled question as to what offense may an accused be that B could have had other things in his mind convicted of in case of variance. climbed up to her window. following. Sec. The Court ruled that there is doubt as to the true intention of B. it is a fact that A was severely offense proved? (Rule 120. the V. and impose on him the dormitory room located at the third floor. setting out separately man. The information alleged The accused may be convicted of the that B committed preparatory acts for rape. Whether or not the evidence of the prosecution absolutely failed to prove Murder or parricide necessarily includes the guilt of the accused. it included in the offense proved? (Rule 120. in case of variance between the When the case reached the Supreme Court offense charged and that proved. Note: Robbery necessarily includes theft. Rape necessarily includes Acts of b. stealthily the findings of fact and law in each offense. The proper thing to do then is to hold B liable for An offense charged necessarily includes unjust vexation. – Eg. or merely failed homicide and physical injuries. 2007) court may convict him of as many offenses as Facts: A. B could not be held liable for attempted rape or When does the offense charged include the other crimes. 2) included in the offense proved. Seduction. to prove his guilt beyond reasonable doubt.“kapag palpak ka na constitute the latter. a lady is sleeping at her are charged and proved. trial court arrived at a judgment of conviction. and was about to place a *Note: Refer to earlier discussions regarding this handkerchief laden with knockout gas on A’s matter. translated in this phrase . 3) or Intimidation against Persons. Still. Determination if the act or omission Lasciviousness. accused fails to object to it before trial. When two or more offenses are charged Attempted Rape Necessarily Includes Light in a single complaint or information but the Coercion or Unjust Vexation (Renato Baleros Jr. aside from raping A. Sec.Contents of a Judgment of Acquittal (Rule 119 An offense charged is necessarily Sec. may be inferred that other crimes that bring 5) about unjustified insults necessary include unjust vexation as well. 5) annoyed by B’s acts. face. when the essential ingredients of the former constitute or The judgment of acquittal shall state the form part of the latter. 4) inhale the fumes. charge of attempted rape. What is the rule of variance? Although a reasonable man would presume that Note: Sec. This rule also answers the looking at the facts of the case. B hastily For what offense may the accused be convicted went on top of A and tried his best to make A of? (Rule 120. the included in the offense charged. However. A was later charged for attempted rape.

the judgment may be pronounced in the presence of his counsel or representative. Section permanently absent – dismissed. decision. Nonetheless. or Accused’s absence during promulgation. trial was conducted in La Union. if the conviction is for a light offense. December 15. the records of the case. court sits. 2010) In case the accused fails to appear at the scheduled date of promulgation of Promulgation must be made where the court judgment despite notice. Is the promulgation valid? Case: Judge X prepared and signed a judgment Yes. the judgment may be promulgated by the it. The accused judgment must be promulgated where the received the notice of promulgation on July 1. does not render the judgment erroneous. relied on the provision of the rules stating that The proper clerk of court shall give “when the judge is absent or outside the notice to the accused personally or through his province or city. at his last known address or thru his counsel. The absence referred to in the said known address. Judge X died on July 10. always the occasion to observe the demeanor of the note that the topics primarily refer to criminal witnesses. the judgment may be bondsman or warden and counsel. an earlier penned decision may not be promulgated after the In case the accused fails to appear at judge who prepared and signed it becomes the scheduled date of promulgation of 16 . the promulgation shall sits be made by recording the judgment in the criminal docket and serving him a copy thereof Case: The criminal action is filed in Baguio City. the promulgation was Union. The said judgment may never be promulgated. but merely relied on cases. Is the him to be present at the decision. incumbency of the judge who penned the the notice to him shall be served at his last decision. The date of the incumbency of the judge who penned the promulgation though. falls on a Baguio holiday. signed. or Counsel is Notice to the Accused. The which was dated on June 1. and However. In this case. or promoted. during trial. set the promulgation. The fact that the trial judge who Note: Promulgation of judgment in a civil case is rendered judgment was not the one who had different. (People v. the absence is permanent and the judge ceases to be the judge of the court. especially where the How is judgment promulgated if the accused is evidence on records is sufficient to support its absent during the date of promulgation? conclusion. and not in Baguio. Before the promulgation. promulgation proceeded as the Clerk of Court Warden. In case of a judge’s death. 6) resigned. In the said notice. promulgate it. When Is a judgment void due to the reason that the the judge is absent or outside the province or judge who prepared. dead. 2011. the Notice of the Promulgation to the Bondsman. 188560. Nonetheless. decision. the judgment is void. and promulgated city. dismissal. For purposes of this subject. is not the one who heard the case? clerk of court. requiring promulgated by the Clerk of Court”. 2011. resignation. How is judgment in a criminal case What then will happen in such instances? promulgated? The court and the accused has no The judgment is promulgated by choice but to wait for the next judge to review reading it in the presence of the accused and the records of the case. the promulgation is valid. GR No. No. 2011. Alfredo. The judgment was Promulgation must be made during the promulgated in La Union. the court sits in La 2011. set on July 16. promotion. rule refers to temporary absence. prepare and sign the any judge of the court in which it was rendered. after a change of venue. If the accused was tried in absentia Promulgation must be made during the because he jumped bail or escaped from prison. judgment valid? Notice in case of Trial in Absentia No. What is the effect of the accused’s absence during promulgation? Note: Always remember.Promulgation of Judgment (Rule 119.

R. The presence of counsel for the accused is not indispensable for promulgation. May the court act upon Are there instances when the accused does not his motion? appear during the promulgation yet he does Yes. Note: The accused needs to surrender. A situation may 1) Motion for Reconsideration. it will be the 3) Motion for New Trial authorities arresting him. *Note: It is for this reason that some authors state that the presence of the accused is The court shall decide whether the needed during promulgation. G. it issues an order granting the motion proceedings. unlike in arraignment and in. state the reasons for his absence at the as an incident to his appeal – the filing of a scheduled promulgation and if he proves that separate petition via a special civil action or 17 . remedies within 15 days from notice of the order. accused was absent. 2012) Yes. The word surrender is Yes.judgment despite notice. the court may still grant his motion. instead of surrendering. Absence of the Accused During Promulgation Diagram May a judgment be promulgated in a criminal case even in the absence of the counsel for the accused? (Icdang v. If the court finds the reasons promulgation will not invalidate the justified. cancelled and a warrant of arrest may be issued as against the accused. What then is the remedy of the accused who failed to attend the promulgation of judgment? Q: What is the remedy of the accused against the court’s order cancelling his bond? Within fifteen (15) days from the promulgation of judgment. the judgment may be pronounced in arrest. If the conviction is for a light synonymous with or includes the concept of offense. conviction remedies. he shall one of conviction. he does not lose his right Thus. if he can show that his absence during to avail of the post-conviction remedies. It will only be after the promulgation of The post-conviction remedies of the the judgment that the bail will be ordered accused are the following. the accused may be on bail. the court must still act upon his not lose his right to appeal or to avail of his motion. He shall order in the same regular appeal proceedings. 185960. and ordering the accused to avail of the court identification. fifteen (15) days from notice. the promulgation despite due notice is justifiable. In such instance. even if the proper authority have custody over his person. The rules must be construed in favor post-conviction remedies? of the accused. If the court finds the reasons unjustified. What are the post-conviction remedies of the accused? Note: Prior to conviction. Jan. the Note: In the above list. Sandiganbayan. the remedies of Habeas accused was arrested. Nonetheless. and the judgment is his absence was for a justifiable cause. now arise where instead of the accused 2) Appeal surrendering before the court. the accused must The proper remedy is to file with the surrender and file a motion for leave of court to Court of Appeals a motion to review the said avail of the post-conviction remedies. 25. 4) Motion to Reopen Trial Q: What if. and not just file the motion for leave. conviction remedies provided his absence was without justification. Even if he did not surrender. No. he still Corpus and reliance upon DNA Testing may also filed a motion for leave to avail of the post- be added. the accused shall lose his be allowed to avail of the said remedies within right to appeal or avail of any of the post. the Court and the representative. but he was the presence of the accused’s counsel or his arrested just the same. Just remember reason for the absence of the accused is that absence of the accused during justified or not. Other discussions/notes: it denies the motion.

C. The judgment the accused now filed a motion for clarification simply lapses into finality. etc. the appellate court denied his appeal. B. he is deemed to have waived his trial court’s judgment. claimed that A. and C were ill while D was not notified of the promulgation. He was convicted. Appeals where promulgation is effected by filing the signed copy of the judgment with the A motion for Repromulgation or Petition for Clerk of Court who causes true copies thereof Certiorari under Rule 65 are not the proper to be served upon the parties. The judgment has right to appeal. the accused’s right to appeal has take a rest. they argued that the accused’s application for the said remedies. he was advised to Ruling: A) No. By the accused’s absence during the ruled in favor of the State and reinstated the promulgation. When B) No. It is not the proper appealed the CA’s decision to the SC. Petition for Certiorari under Rule 65. 179611. before the SC asking whether they may still appeal the trial court’s judgment of conviction. Case: In a case for Homicide. On appeal. is the wrong before the trial court that convicted them. The Director of 18 . People GR No. The judgment has long promulgation. in criminal cases. decision by the appellate court in the trial court He claimed to be ill alleging that he was before the said decision becomes valid? suffering from severe stress and upon consultation with a doctor. a repromulgation of either the the records of the case were brought to the affirmed or modified judgment of conviction by trial court for execution. He did take a rest on the day of the already prescribed. It was denied. he filed promulgation of the judgment. 520 SCRA 729. consequence of this distinction was reiterated March 12. differs from that prescribed for the Supreme Court and the Court of  Look into the succeeding case. September 9. It remedy. Note: Availing of any of the post-conviction Without any resolution on their motion. Vs. Erroneous appeal. Resolve promulgation of judgments in the trial courts the case. Prescription of Right to Appeal. 2007) Supreme Court or other appellate courts. a) The court may deny the motion for The State through the Solicitor General reconsideration. how promulgation of judgment is done by the (Chua v CA. B. trial court ought to have repromulgated the and the judgment becomes final. he now claims the the trial court is not necessary. The procedural remedies (Almuete v. The SC remedy. 16-93. entry of judgments. The trial court stay the judgment? denied their motion. In fact. April 12. become final and has been entered into the conviction remedies. All of the accused still filed a 2nd and 3rd motion for reconsideration which c) The motion for reconsideration were still denied by the Supreme Court. outright. and avail of the other post. the promulgation. there has already been court a motion for reconsideration questioning an entry of judgment. By this reason their right to appeal still Remedies of Motion for Repromulgation and exists. This case explains order before the appellate court is proscribed. issued on be promulgated as well by the trial court. Under appellate court’s decision of conviction must Administrative Circular No. 1993. He filed before the RTC or trial become final. All of will not stay the judgment. Issue: A) May the accused still appeal? Q: A was absent during the promulgation of B) Is there a need to promulgate a judgment by the trial court. Their lawyer a motion for reconsideration. They were absent during the Within 15 days from the promulgation. Thus. judgment of conviction by the Supreme Court in order for them not to lose their right to Promulgation by Appellate Courts.special proceeding questioning such adverse This is another peculiar case. All the accused filed a petition for certiorari before the CA asking for a Answer: repromulgation. all remedies without first filing a motion for leave accused filed a motion for repromulgation to avail of the said remedies. 2013) in Jesus Alvarado. All the accused a) What must the trial court do? filed a motion for reconsideration questioning b) Will the motion for reconsideration the legality of the promulgation. The procedure for the he filed a motion for repromulgation. and D were convicted of violation to attend the promulgation despite due notice. of PD 705. the accused failed Facts: A. The CA granted their petition. On appeal. The court may simply deny the was denied.

the their conviction in case Ludong records are remanded to the court below accepts his conviction for homicide? including a certified copy of the judgment for execution. Delgado. the motion of Ludong downgrading his c) When the accused has waived in writing conviction from murder to homicide but denied his right to appeal the motion as regards Balatong and Labong.. other co-accused if the judgment is favorable and applicable to them. notified thereof in accordance with sections 7 They are deemed to have waived their right to and 8. The sections 9 and 10 of Rule 51). to wit: By sections 8 and 9 of Rule 53 a) Was the court correct in taking (now Sections 10 and 11 of Rule 51) in relation cognizance on the Joint Motion for to section 17 of Rule 120 (now Section 17 of Reconsideration? Rule 124). but only as to Ludong. (This part their clients and failed to satisfactorily explain is better discussed in the subject matter of their absence when queried by the court. (Rule 120. be an accused who appealed. the judge ordered that the judgment be a) After the lapse of the period for entered in the criminal docket and copies be perfecting an appeal without an appeal furnished to their lawyers. 19 . The rules do not Remedial Law provide for a similar effect of rendering a Ludong. such judgment in Ludong’s favor appear before the trial court for will not benefit Balatong and Labong. in the situation above. will benefit his other immediately discontinued. this is not the case for a Question No. Labong. 2009) defendant. After trial. Any resolution made by Rule 53. Ludong and his lawyer appeared. of the same Rules 53 (now appeal and other post conviction remedies. the Court A judgment of acquittal is immediately issued the notices of promulgation of judgment final and executory. the court Finality of Judgment. the court was correct in taking (44 Off. Sumilang Answer: a) Yes. necessary to promulgate or read it to the (People v.” it “not being right to avail of post conviction remedies. which were duly received. Subsequently. The judgment is sent by the clerk of the appellate court should treat the motion as if it has been court to the lower court under section 9 of filed only by Ludong. charged with murder. because it is to be presumed that b) No. The lawyers of A judgment imposing the death penalty Balatong and Labong appeared but without is always subject to automatic review.” and that the judgment simply lapses into finality. thereof to the defendant. 881. it was cognizance on the Joint Motion for explained that “the certified copy of the Reconsideration. appeal) the judge ordered the Clerk of Court to proceed with the reading of the judgment convicting all A judgment of conviction becomes final the accused. this question executed when in their nature the intervention was asked. Ludong. Thus. as amended. filed within the b) When the sentence has been partially reglementary period a Joint Motion for or totally satisfied/ Total or partial Reconsideration. and Labong? The practice of requiring the convict to No. With respect to Balatong and upon the following instances. not for the promulgation or reading the court on the motion will only affect Ludong. Will the judgment downgrading the of the court of first instance is necessary to offense committed by Ludong benefit Balatong that end. On promulgation day. and Labong were favorable judgment. 883. therefore. and 10 days thereafter. and Labong. The lawyers of having been perfected. Section 7) announced that the case was considered submitted for decision. 1 for the 2014 Bar Examination in motion for reconsideration.Prisons. Balatong. Although “promulgation” of the judgment of the the rules provide that a favorable judgment for appellate court should. duty of the court of first instance in respect to such judgment is merely to see that it is duly Suppose. Balatong and Labong can no accused or his attorney had already been longer appeal their judgment of conviction. 77 Phil. a judgment is entered 15 days after b) Can Balatong and Labong appeal its promulgation. Balatong. but for the execution Balatong and Labong have already lost their of the judgment against him. In the case of People vs. 764). Gaz. d) When the accused has applied for a probation. The court favorably granted service of sentence.

He was meted the penalty of from 2 years and 4 POST CONVICTION REMEDIES months of prision correccional. to 2 years and 4 months of judgment. After a judgment has become final. irregularities attempted homicide. Colinares raised the issue of the judgment of conviction becomes final. or life imprisonment. may grant His penalty is modified to 4 months of arresto or cause new trial or reconsideration of its mayor. and not At any time before a judgment of Frustrated Homicide. as New Trial or Reconsideration (Rule 121) maximum. on argument on appeal and at the same time motion of the accused or at its own instance but claimed that he is entitled to probation. appeal was ever perfected. right to appeal. Eg. there is no automatic suspension of sentence. committed during the trial. In a way. 2011) the accused is not entitled to automatic suspension of sentence. on its own initiative. Case: A was convicted of Frustrated Homicide. the SC’s finding that Colinares was of the following grounds: guilty. Section 7) Eg. The Court also If the accused wants to avail of new trial pronounced that A is qualified for probation. In a The court shall grant a new trial on any real sense. Applying for probation excludes the of sentence. A insisted that he is liable for Attempted Homicide. may entitle one for after application of the Indeterminate Sentence Probation. Thus. Note: The court. the accused is existing provisions in the laws governing deemed to have accepted the correctness of the suspension of sentence. judgment is The said accused is entitled to an stayed and does not become final. which is now allowed for probation. 182748. as minimum. be modified or set aside after the lapse of the period for perfecting an before it becomes final or before appeal is appeal. but conviction for a crime. prision correccional. 20 . it held trial or reconsideration. The accused calls for a witness but the court disallowed it. (Colinares v. the judgment needs to become final. no perfected. upon that a judgment of conviction becomes final motion of the accused. During the trial. but over 15 years of age at the commission excludes one from applying for probation. that A is indeed liable for Attempted Homicide. is an original conviction prejudicial to the substantial rights that for the first time imposes on him a of the accused have been probationable penalty. People. to 6 years and 1 day of prision mayor. GR No. he sought from the beginning to Grounds for New Trial (Rule 121 Section 2) bring down the penalty to the level where the law would allow him to apply for probation. it is understood that in such instance. 16-17 years old) Resorting to appeal is a waiver of the privilege to apply for probation. the court may. or parole. In or reconsideration. Section 8) Application for probation must be filed within the same period for perfecting an appeal. grant a new the case reached the Supreme Court. In appeal. as minimum. he must file a motion before appealing his case. judgment of conviction against him. The former is a waiver of the Nothing in this Rule shall affect any latter. reclusion perpetua. as maximum. not of frustrated homicide. probation and parole. Cases of an accused that is below 18 years of In the opposite side. therefore. In applying for probation. the penalty imposed is Reclusion Temporal. Law. (*In other words. it shall be entered into the book or entry of Probation and appeal are two exclusive judgments. appealing the case age. To apply for probation. Jurisprudence dictates that they are mutually exclusive Applicability of the Rules governing suspension remedies. When with the consent of the accused. The accused automatic suspension of sentence. and incompatible remedies. but only of a) Errors of law. of the crime. Modification of Judgment (Rule 120. But if the does not accept the correctness of the imposable penalty for the offense is death. probation.Note: Even though the Rules of Court mention A judgment of conviction may. He reiterated this conviction becomes final. correctness of the penalty imposed on him. judgment and throws the whole case for review. Entry of Judgment (Rule 120. if But appealing the penalty alone and not the the imposable penalty is reclusion perpetua. December 13.

judgment of conviction. In the said affidavit. then it will not be a ground for “Sec. is bereft of any evidence to prove it. No. unless The original testimony should be given more continued detention is justified for a lawful credence. 10. witness pertains to new and material evidence. and capriciously What about DNA Evidence? denies demurrer to evidence (Gacayan v Pamintuan) DNA Testing as a Post-Conviction Remedy b) New and material evidence has What is the rule regarding Post-Conviction DNA been discovered which the accused Testing? could not with reasonable diligence have discovered and produced at The rule on post-conviction DNA testing the trial and which if introduced is expressed in A. to the forgotten evidence. prosecution or any person convicted by final Newly Discovered Evidence and executory judgment provided that (a) a biological sample exists. it is believed that it is. trial court. 15. 6. A. investigation. now a newly discovered evidence? The judge/court is the one conducting the preliminary In that case.” executed by the witness/es. In case the court. 2007) then it is. Remedy if the Results Are Favorable to the Convict. Note: While this is the way to answer in A similar petition may be filed either in the classroom discussions or the bar exam. or with opposite is a prevailing practice in real life. coupled with an Affidavit of Desistance orders. The court forces a witness to subsequent recantation of the sole witness. discovered evidence and not without need of prior court order.M. Post-conviction DNA Testing – new trial. which may conduct motion to dismiss. Reopening of trial (Rule 119. Effective and admitted would probably Oct. If not. whether in the preliminary a hearing thereon or remand the petition to the investigation. No. motu which was later discovered to be false. with hearing in either 21 . the judge may. 06-11-5-SC. allowed. the witness/es recant their previous Ground for Reconsideration (Rule 121 Section testimonies. 15. 2007. and (c) the testing would new trial? probably result in the reversal or modification of the judgment of conviction. or appellate court is court of origin and issue the appropriate filed. after due hearing. it shall formal or public withdrawal of a prior statement reverse or modify the judgment of conviction of a witness. as follows: change the judgment. cause. the Court of Appeals or the Supreme Court. Section 24) But what if the sole evidence for the At any time before finality of the prosecution is a lone witness’s testimony. is the proprio or upon motion. This is frowned upon by the courts. reasonable doubt the guilt of the accused. conducts trial without notice to parties. as it which requires no further proceedings. 06-11-5-SC.” (Rule on DNA It depends. “Sec. and order the release of the convict.M. A recantation is the renunciation in a finds the petition to be meritorious. testify against himself. Recantation of testimonies is not convict. Effective Oct. – Post- Note: The rule speaks of newly conviction DNA testing may be available. and asks for the dismissal of the case on the ground of The court shall grant reconsideration on inability of the prosecutor to prove beyond the ground of errors of law or fact in judgment. A any member of said courts. – The convict or the prosecution may How about a witness retracting his testimony? file a petition for a writ of habeas corpus in the Is it a newly discovered evidence? court of origin if the results of the post- conviction DNA testing are favorable to the No. The motion to dismiss bears the 3) consent of the public prosecutor. Post-conviction DNA Testing. (b) such sample is Is the discovery of new witness/es a ground for relevant to the case. If the testimony of the Evidence.

Hon. It is not a continuance of the similar yet phrased differently. When Anytime before Anytime before Filed: judgment of finality of RULE 122 (APPEAL) conviction judgment of becomes final. a mode of appeal. acquittal rendered with grave abuse of discretion by the court. G. warrant b) The Accused. Maquilan. 126170. new Judgment of Acquittal trial. that the rule against double jeopardy cannot be properly invoked in c) the imposed penalty is excessive. they are action. No. habeas corpus may also be resorted to as post. A petition for Certiorari under Rule 65 is not. conviction. or lack or excess of jurisdiction. similar terms) a Judgment of Acquittal. proceedings of the lower court. resorting to c) The Private Offended Party with Reopening of respect to the civil aspect of the Trial in case the case. 228 Phil. G. the more proper term are not is “The State Questioning/Assailing/ (other available. in Ysidoro v. examination is favorable to the accused. mentioned in justice. as it is never.R. Who may appeal? Grounds: Limited only to To avoid those miscarriage of The following may appeal. the writ of habeas corpus was This case has something to do with the held available where an accused was deprived Aquino-Galman double murder case. New Bilibid Prisons. 2012.. It will Jeopardy. Just to of his right against self-incrimination. Rule 121.case.R. New Trial distinguished from Reopening of Trial But habeas corpus is not available as post-conviction remedy where the appeal is still New Trial Reopening of pending. (People v. prosecution had been deprived of due process. The remedy is a resorted to as post-conviction remedy? petition for certiorari under Rule 65 on the The writ of habeas corpus may be ground of grave abuse of discretion amounting resorted to as post-conviction remedy in any of to lack or excess of jurisdiction or denial of due the following exceptional circumstances: process. 171513. deprivation of a constitutional right resulting in the restraint of a person. (cited in appease the public’s hunger for speedy disposition of the case. or reconsideration *In this particular topic. 6. 158802. thus voiding the sentence a Rule 65 petition. It must clearly be shown that the State was a) there has been a deprived of due process. Nov. namely: in a judgment of as to such excess. A petition for Note: Remember the language of the rules. conviction remedy where the result of the DNA Exceptional case of Galman v. The Supreme Court ruled. Feb. Sandiganbayan. G. 27. 2 *Note: This is a a) The State – Any appeal made by the very broad State must yield to Double ground. No. b) the court had no jurisdiction to impose the sentence. The Director. miscarriage of justice. Trial Aug. 2004). Sec. Habeas Corpus as a Post-conviction Remedy Note: The state may assail a judgment of In what instances may habeas corpus be acquittal only upon the ground that it was deprived of due process. In certiorari is an independent and a special civil the period to file the above remedies. and where the Under the Rule on DNA Evidence. grounds for The State Questioning or Appealing a appeal.R. 17. 1998). No. the case was fast 22 . reopen the proceedings to avoid a de Villa v. Leonardo-de Castro et al. 42 1986 Thus. predicated on two exceptional grounds.

everything seemed to employee is convicted and damages are be framed. Philippines. And if 2014. 2013. he was driving resulting to loss of lives and damage to properties. D was charged with A was convicted. The Promulgation was on Reckless Imprudence resulting to multiple October 1. D was present. D was filing an appeal. 141524. he filed. for which he was convicted. because of his indifference or inaction the 23 . However. Note: The accused has 15 days from the date of Grave Abuse of Discretion in Granting a promulgation to appeal. The court to complain. If a motion for In another case. The motion was denied. A has until October 16. 160355. 2005) discretion in preventing the prosecution from establishing the due execution and authenticity This doctrine provides that the 15 day of a certain letter marked as Exh. A’s 15-day prosper? (Philippine Rabbit Bus Lines v. reversed and set aside an order of acquittal by the movant has another “fresh period” within the CA. 14. 2014. such denial is deemed as the final Almuete v People. 2004. He does not have the criminal action. homicide.R. Thus. It is received the order of denial on November 15. On the 2014 to perfect an appeal. It entertained the case despite the otherwise. 441 Phil. May 16. 2014. he cannot later be heard out to be a sham or mock trial. and the trial was later ruled awarded against him. 2005) 2014. 139 judgment to perfect his appeal. Demurrer to Evidence Deprives the State or Prosecution of its Due Process Note: The private offended party has 15 days from actual or constructive notice of the In Sanvicente v. In this case though. No. “LL” which period to perfect an appeal is counted not only positively identified the accused as the within 15 days from the notice of the judgment perpetrator of the crime charged. it his appeal? will be the bus company which is likely to shoulder and pay the award.tracked. the decision becomes final and wrong mode of appeal resorted to. In the process. the Supreme Court order. who perfected an 2014. instead of date of promulgation. executory after the lapse of the original appeal period from notice of the judgment. scripted. With D missing. holding the fresh period rule. The employer’s just one day left. the CA acted with which to appeal. say a motion for ordered to pay a substantial amount to the reconsideration or a motion for new trial on victims. The judgment of acquittal was appealed. or accused upon a demurrer to evidence. reconsideration or a motion for new trial is 144332. May the appeal Applying the Neypes ruling. Heirs period to appeal is to be counted from of Eduardo Mangawang and the People of the November 15. 2014. People v CA G. The new 15-day period may grave abuse of discretion in issuing the be availed of only if either motion is filed. of discretion by the courts leading to a denial or Period for Perfection of the Appeal deprivation of the State’s due process. People. Case: ABC is a bus company. employees with adequate legal defense. the Supreme Court upheld the decision of the CA which reversed the acquittal of the What is the fresh 15-day period doctrine. D in one occasion rammed the bus Illustration. which is the remaining day of participation is limited to providing its the 15-day period counted from October 1. present its evidence and witnesses. The prosecutors enforcement of his subsidiary liability. Sept. it from? How many days does A have to perfect has an interest over the case. and not from October 1. It contended that as an employer. 2014. or the Neypes doctrine? that the trial court committed grave abuse of (Neypes v CA. From receipt of such notice of denial. No. now ABC Bus Company. GR No. A still has 15 days from to be counted from November 15. if brought to court for the acquitted all the accused. ABC Bus Company is not a party to 2014 to perfect his appeal. A the 15-day period to perfect his appeal. 431 SCRA 610 as cited in denied. (2002). judgment. D is one of its employees. or until November 30. that he though were never given a decent chance to was not given his day in court. Upon Note: The subsidiary liability of the employer review. GR No. June 10. the SC ruled that the judgment of may be enforced in the same action by way of acquittal came about as a result of grave abuse a motion. When will the 15-day period be reckoned appeal. He was nowhere to be located during October 15. but also within 15 days from the notice of the final order appealed from.

The RTC found them guilty beyond reasonable doubt. the appellate court on B? a) Should C’s appeal be dismissed on the As a rule.A. (3) when constitutional issue raised 24 . Exception: When the death penalty is imposed. C and L. as to A. who were charged as co-conspirators. etc. cannot be appreciated in A duly perfected appeal stays the favor of the other co-accused. if the penalty imposed is death. applicable to the latter. in the following which is insanity. death of the accused pending appeal the criminal aspect of the judgment will result to the dismissal of his appeal. any judgment rendered by the ground that his death has rendered his appeal appellate court has no effect as to the accused moot and academic as his death has already who did not appeal. in this and the CA appreciated his defense of insanity. B claimed insanity. has to ascertain the merits of C’s thus he obtained a judgment of acquittal. Effect of appeal by any of several accused. the twelve years and one month. if two or more co- c) Upon perfection of the appeal. They filed accused who did not appeal. Both are present during the promulgation. It is not instances: (1) there is a grave violation of the applicable to A. Thus.Effect of Appeal Note: Personal circumstances – imbecility. as to the appealing party. instance. The trial court found both of them necessarily signify the injustice of carrying out guilty beyond reasonable doubt. The exoneration of C will defense. No. (Anti-Graft and Corrupt Practices Act) in a What becomes of the judgment rendered in A judgment rendered by the Sandiganbayan. Automatic review is still conducted a) An appeal taken by one or more of by the Supreme Court even if the accused several accused shall not affect absconds or jumps bail during the pendency of those who did not appeal. L’s appeal was dismissed on technicality. C died. (2) the exceptional character of the situation and the paramount public interest is involved. is a personal one. No. the judgment is filing their respective petitions for review on stayed. The two petitions are so intertwined that the Case: A and B are charged with murder. 3019 duly perfected an appeal. insofar as the judgment of the Automatic review affords a second chance to appellate court is favorable and life. the accused appealed separately. death of one will execution of the judgment or final not necessarily result in the dismissal of his order appealed from shall be stayed appeal. Additional discussions/notes: Case: A and B are charged for murder. However. except his appeal. and B? imposing upon each of them the penalty of imprisonment from six years and one month to The judgment becomes final as to B. A were convicted of violation of R. separate appeals to the Supreme Court by the accused who appealed. bail during the pendency of appeal results to abandonment of the appeal. No. certain instances though. b) The appeal of the offended party Note: Death extinguishes a criminal obligation. B appealed. A raised another the absolution of L. the SC. However. certiorari. while B did not. otherwise moot and academic. insanity. minority. it will be applied to him. 11 of Rule 122. the penalty imposed on L. Constitution. The defense of B. During absolution of C is ultimately determinative of the trial. A. from the civil aspect shall not affect As a rule. C’s appeal should not be dismissed. While the judgment is favorable to Courts must still decide cases. During the pendency of the What is the effect of the judgment rendered by appeal. if the judgment is extinguished his criminal liability? favorable and applicable to the accused who did not appeal. judgment Note: General Rule: Absconding or jumping Note: Sec. In or order appealed from. it is not applicable to him. Will appeal to prevent a developing miscarriage of the judgment rendered by the CA applied to A? justice against L.

2004. as well as the higher appealed by way of ordinary appeal under Rule interest of justice.R. Sandiganbayan. Sept. accused. It was granted. shall not affect those who did not appeal. b) Does the reversal of the decision of the The only way to appeal a decision Sandiganbayan as against C benefit L whose rendered by the CA to the SC is through a appeal was dismissed on technicality? petition for review under Rule 45 on pure questions of law. grave abuse of discretion on the part of the CA. 2007. (4) the perfected by filing a notice of appeal with the case is capable of repetition yet evading review. Even the correct penalty may be judgment of conviction by the RTC. Alleging grave abuse of discretion attention of the trial court ordinarily will not be amounting to lack or excess of jurisdiction in the considered by a reviewing court as they cannot conduct of the promulgation and in the denial be raised for the first time on appeal because of their motion for reconsideration. Rule 122 of the Revised though. Thus. People. requires that the Court 40. failed to appear in the technicality. B. failed to file has ever been filed or perfected. issues denied. No.R. adequate and speedy remedy in the Always remember: ordinary course of law. against them.R. In doing so. the bar. to the filing or non-filing of an appeal by a co- People v CA. C. they this would be offensive to the basic rules of fair resorted to a petition for certiorari under Rule play.requires formulation of controlling principles to Ordinary appeal under rule 41 is guide the bench. validity of the promulgation. They appealed the decision of the RTC and arguments not adequately brought to the to the CA. 140656. No. Lindong v.. June 10. 2007. RTC that rendered the judgment. G. (Constantino v. Once more. it an appellant’s brief. a Higher Penalty may be Imposed been ordinary appeal. The Supreme Court has at various times miscarriage of justice that the court may relax applied the foregoing provision without regard the rules on technicality of appeals. It is perfected by filing a notice of appeal determine the merits of C’s petition and not with the MTC that rendered the judgment. and dismiss it outright on the ground of mootness. 13. and the public. resorting to the wrong mode court is favorable and applicable to the latter. G. In the problem presented. points of law. and never with the appellate court. or filed a notice of appeal is only for exceptional and compelling reasons in with the trial court but eventually withdrew the the interest of substantial justice or to avoid same. except insofar as the judgment of the appellate As a rule. 154482. The The phrase “did not appeal” applies also to a co. The SC subsequently reversed the An appeal throws the entire case open CA’s judgment of acquittal and reinstated the for review.. increased if it is proper. such as in cases of automatic review. theories. the SC ruled that a petition for certiorari is only available when there is no appeal or any other Modes of Appeal plain. It is only for 65. et promulgation of the judgment of conviction al. judgment simply becomes final as if no appeal accused who withdrew his appeal. and the CA’s decision exceptional and compelling reasons in the reversed the trial court’s judgment of interest of substantial justice or to avoid conviction. The State through the Solicitor miscarriage of justice that the court may relax General appealed the case to the SC alleging and entertain new issues on appeal. They alleged that they were ill. In the case of the accused. justice and due process. 13. the foregoing provision should be applied to L whose appeal was dismissed on A. Sept. There are certain exceptions Section 11(a). the exceptional character of the appeal of C and L in The decision of the MTC is always relation to each other.) They never filed any motion for leave to avail of post conviction remedies. never with the appellate court. so long as the judgment was favorable 431 SCRA 610 to him. Instead they filed a Change of Theory or Raising New Issues on motion for reconsideration questioning the Appeal for the First time is not allowed. the judgment of conviction was not 25 . Their motion was As a rule.” of appeal will not stay the judgment. and D. G. Rules of Criminal Procedure provides: “An appeal taken by one or more of several accused Resorting to Wrong Mode of Appeal. and not a petition for certiorari. The proper remedy of the accused should have On Appeal. No. et al. 144332.

the decision of the RTC exercising its original jurisdiction is not appealed via a rule 42 petition. writ of error – it is another term for ordinary appeal. A Rule 42 petition supposedly is the one resorted to in appealing cases decided by the RTC in its appellate jurisdiction. or life imprisonment *Note: This is a peculiar appeal. The proper remedy is appeal. it never passes through the Court of Appeals (CA). 2) The Sandiganbayan in the exercise of its original jurisdiction imposes the 26 . 3) The Sandiganbayan in the exercise of its original jurisdiction imposes the death penalty 4) The Sandiganbayan in the exercise of its appellate jurisdiction affirms the penalty of death.tainted with grave abuse of discretion. reclusion perpetua. As a rule. or life imprisonment. life imprisonment. cases from the SB are never appealed to the CA. Ordinarily. It was a penalty of either reclusion perpetua or valid judgment. Note: this case used the phrase. reclusion perpetua. Modes of Appeal in Sandiganbayan Cases 1) The Sandiganbayan imposes (SB exercising original jurisdiction) or affirms (SB exercising appellate jurisdiction) a penalty lesser than death. In appealing cases from the Sandiganbayan (SB).

Appeal for Regular Courts. 27 . or life understood that the RTC in its imprisonment. 2) The RTC in its original jurisdiction 1) Appealing decision of the MTC/ imposes a penalty less than death.) 3) The RTC in its original jurisdiction imposes the penalty of either reclusion perpetua or life imprisonment. Appellate jurisdiction of the RTC (It is reclusion perpetua. reclusion perpetua or life imprisonment. appellate jurisdiction can only impose penalties less than death.

Note personally endorsed by the Heads of the said uniformity of procedure. 99-20-09 SC may be served Note: This topic is a better scope for Political outside the territorial jurisdiction of the RTC of law. signed by a judge and directed to a peace officer. illegal gambling. pass criminal law 1 and 2 and Constitutional law 1 and 2. (The simplified of Court. if the criminal action has already been filed. For Criminal Procedure. and their particularly described therein. The applications shall be Rules 123 . which may be served in places outside criminal cases are shown in the preceding the territorial jurisdiction of said courts. for the search of places to be promulgated in the appellate courts. or any court within the judicial region where the warrant shall be enforced.125. the application may be filed with the Regional Trial Courts of Manila and Quezon City if the application is filed by the Philippine National Police (PNP). (AM topics. 99-20-09 SC SEARCH AND SEIZURE (RULE 126) Note: Search and Arrest warrants issued pursuant to AM No. The requisites as to probable cause. instances of lawful warrantless searches. and the remedies for denial of a motion to quash. Section 2) 4) The RTC in its original jurisdiction imposes the death penalty. and the seizure mode of appeals as amended by relevant of property or things as described in the Rules Supreme Court Circulars. commanding him to search for personal property described therein and bring it before the court. if diagrams showing the modes of appeal in justified. The presumption for students taking Manila or Quezon City. the Presidential Anti-Organized Crime Task Force (PAOC-TF). and to issue the warrants of arrest. the focus is on the remedies such as motion to quash. c) However. What is a search warrant? (Rule 126 Section 1) A search warrant is an order in writing issued in the name of the People of the Philippines. criminal procedure is that they were able to 28 . An application for search warrant shall be filed with the following: a) Any court within whose territorial jurisdiction a crime was committed. the application shall only be made in the court where the criminal action is pending. the National Bureau of National Investigation (NBI). Just read these rules. and the Reaction Against Crime Task Force (REACT-TF). dangerous drugs and illegal possession of firearms. examination of witnesses. Where is the application for a search warrant filed? (Rule 126. and others are better covered by the subjects on Political law. any court within the judicial region where the crime was committed if the place of the commission of the crime is known. how judgment is agencies. b) For compelling reasons stated in the application.) No. d) In cases involving heinous crimes.

. or any of a criminal prosecution even if it is entitled like other item that may be confiscated will easily be a criminal action. Therefore. (Chemise Lacoste.A. 332. personal property will be seized – i. As a consequence. carnapper. G. application was quashed by the court. Chapter 6. No. v. ones to personally endorse the application for (Worldwide Web Corporation et al.R. not real property. S. illegal 110 does not apply because an application for gambling. suspected killer. People of the Philippines et al. his offense.e. 161106. 13. It is a special and peculiar remedy. the search warrant itself due to the fact that it A search warrant may be issued not only for the does not bear the conformity of the public search but also for the seizure of the following. drug No. To justify its ruling. 99-20-09 SC be the question an order quashing the search warrant. or fruits of the Case: The applicant for a search warrant filed offense. October 16. *Therefore. and the court may not The property subject of a search quash the application for a search warrant or warrant is personal property. Great bureau may perform such duties as may be reliance has to be accorded by the judge to the specified by their superior or head. the proceedings for the application What property may be seized? (Rule 126. who acts upon the providing that “All criminal actions commenced application? by a complaint or information shall be prosecuted under the direction and control of The Executive Judge and Vice Executive the prosecutor. v. there is no rule requiring that it (United Laboratories.” Is the court correct? Judges of Regional Trial Courts in Manila and Quezon City act upon all applications for search No. is not a criminal action. Rule warrants involving heinous crimes. it cited Rule 110. dangerous drugs and illegal search warrant. 2014) b) Personal property stolen or embezzled and other proceeds. a) Personal property subject of the offense 161106. All the weapons. robber. People of search warrants? the Philippines et al. Action on these applications must assistant head or other subordinate in every be expedited for time is of the essence. 165122. action nor does it represent a commencement etc. It to have a certification of non-forum shopping? resembles in some respects with what is commonly known as John Doe proceedings. an of the trial. A search warrant is not a criminal dealer. Isip. Jan. 214 Phil. (Worldwide Web Corporation et al. An application for a search warrant Besides. supra) No.. for a search warrant need not be initiated by Section 3) the state prosecutor. No. 2007) Does an application for a search warrant partake a criminal action or at least in the (Just imagine the consequences if prior notice nature of a criminal action? must be given to the person against whom. Santos v Pryce Gases. November 23. and Does an application for a search warrant need made necessary because of public necessity. Sec. although it is a criminal process. Marimla v the witnesses. or his application before the court. the conformity of the public prosecutor is not Is it necessary that the heads of the offices necessary to give the applicant a personality to mentioned under AM No. Inc. Book IV is heard ex-parte. 2009) Fernandez. 5. His application c) Personal property used or intended to does not bear the approval or any conformity be used as a means of committing an of the state prosecutor. 5 29 . V. No. thief. 158467. nothing in AM No. under Section 31.Under AM No. No. 99-20-09 SC. G.. It is not a proceeding against a concealed and the application will definitely be person but is solely for the discovery and to get opposed) possession of personal property. as long as it testimonies under oath of the complainant and is not inconsistent with law. drug paraphernalia. v People GR No. 99-10-09-SC Is it necessary to furnish a notice or copy of the prohibits the head of NBI and of other law application for a search warrant to the party enforcement agencies mentioned from against whom properties will be seized? delegating their ministerial duty of endorsing the application to their assistant heads. (Sps. 461 SCRA 574) bears a certification of non-forum shopping. the court is not correct. Sec. It is neither a trial nor a part of the Administrative Code of 1987.R. GR No. possession of firearms. drastic in nature. prosecutor. Inc.

(Nasiad v. being the owner of the items Are witnesses needed during the conduct of seized is also a real party-in-interest who may the search and seizure? (Rule 126 Section) question the search warrant. searched is the establishment he is managing. must be made after an examination under oath or affirmation of the What is the issue in a motion to quash a search complainant and the witnesses he warrant? may produce. together with the affidavits respondent and the place or premises to be submitted. two witnesses of sufficient before arraignment and entry of plea. it shall be void. want to question a search warrant? b) The presence of probable cause is to be determined by the judge The accused must file a motion to quash personally. if he is named as the statements. at least two witnesses are needed. GR No. the complainant. Santos v Pryce Gases. 2007) warrant personally examine in the form of searching questions and answers. unless the affidavit asserts that the property is on the person or in The following are the requisites for a the place ordered to be searched. participating in trial. and that the objection to an unlawful search What must a judge do before issuing a search and seizure is purely personal and cannot be warrant? (Rule 126 Sec.What are the requisites for a search warrant The warrant must direct that it be under the Rules of Court? (Rule 126. When must one file a motion to quash the room. Guillermo. November 23. Inc. supra) Yes. and the witnesses party-in-interest to seek the quashal of the he may produce on facts personally known to search warrant. a) There must be probable cause in connection with one specific What is the remedy of an accused should he offense. CTA. The manner of serving the warrant and the things to be seized which and of effecting the search are not an issue to may be anywhere in the Philippines. search warrant by failing to move to quash the Secti. A corporation. The judge must. The Rules provide that no search of a house. Pryce Gases. be resolved in said motion. the search warrant on the ground that it is c) The determination by the judge improperly issued or that it is void. or any other premises shall be made search warrant? except in the presence of the lawful occupant thereof or any member of his family or in the The motion to quash must be filed absence of the latter. 291 SCRA 761 [1998]) What time must the search be made? (Rule 126 Section 9) 30 . in writing and Note: The manager of an establishment is a real under oath. (People v CFI of *Note: Roving or scattershot warrants are void. In a motion to quash a search warrant. An age and discretion residing in the same locality. 61 SCRA 238 [1974]. a direction may be inserted that it be served at any time of the day or night. 101 SCRA 86. party whose rights have been impaired thereby. 4) availed by third parties. Thereafter. (Santos v. before issuing the 165122. Section 4) served in the day time. for the obvious reasons that the them and attaché to the record their sworn search warrant. Who may question a search warrant? Adherence to the above requisites is Any party whose interests may be necessary to prevent a fishing expedition. A search warrant shall be valid for ten (10) search warrant or by entering a plea and days from its date. in which case search warrant under the Rules of Court. (People v. d) The warrant must specifically what is assailed is the validity of the issuance of describe the place to be searched the warrant. (Dean Agra) It is settled rule that the appropriate subjects of Constitutional Law or legality of a seizure can be contested only by the Political Law. Rizal. adversely affected may question the search *Note: The topics under this section are warrant. accused may be estopped from questioning the defects in the issuance or enforcement of the How long is a search warrant valid? (Rule 126. [1980]) They are issued for more than one offense.

What then is the remedy of an accused whose Where must one file his motion to quash a motion to quash the search warrant has been search warrant or to suppress evidence? (Rule denied? 126. 1) Motion to suppress illegally Case: A search warrant was obtained leading to obtained or seized evidence. which has already been duly tackled in jurisdiction. a criminal case has The following are the remedies available been filed. v. (Worldwide Web Corporation et al. In such criminal case is subsequently filed in another instance. motion. G. People of the Philippines et al. 2014) be answered this way. and subsequently. of the search warrant. what is assailed is the validity denying the motion to quash. Again..What is the remedy available as against the c) But if the motion to quash a search items seized by virtue of an illegal or void warrant filed with a court that issued the warrant? search warrant has not yet been resolved. search and seizure of some items under X’s 2) Replevin custody. A and/or to suppress evidence obtained by virtue petition for certiorari is the remedy when the of the warrant may be filed and acted upon only application for a search warrant is filed by the court where the action has been incidental to a criminal action. Otherwise stated. appeal. When is an application for a search warrant The motion to quash a search warrant filed incidental to a criminal action? When is it or to suppress evidence may be filed as follows: filed independently from/of a criminal action? a) In the court where the criminal case has An application for search warrant may been filed. or in anticipation instituted. which was subsequently denied. application for a search warrant is filed if such court failed to resolve the motion and a independently from/of a criminal action. b) If no case has yet been filed. It will Replevin is a remedy to regain or take simply be a rehash of the issues in the earlier possession over personal properties. such an application been filed. In order to Petition for Certiorari under Rule 65 is resolve X’s motion to suppress. the court where the criminal in relation to the items that were seized by case has been filed will resolve the virtue of an illegal or void search warrant. the denial of the motion to quash the search warrant is If no criminal action has been instituted merely an interlocutory order. which is the proper subject of an court. In this case. Section 14) It depends. is filed with the court that issued the Supra) search warrant. filed motion to quash the warrant. of a criminal action. the application for search warrant and the court where the warrant is instituted as a principal proceeding information was filed are different. It is either a petition for A motion to quash a search warrant certiorari under Rule 65 or an ordinary appeal. X filed a motion to quash the search 3) Petition for Certiorari warrant. the preceding question may Jan. v. be filed as an incident in a main criminal case *This presupposes that a criminal case has already filed in court. People. the court will available only in the instance of grave abuse of dwell once more on the issue of legality of the discretion amounting to lack or excess of search. Appeal is the remedy when the court that issued the search warrant. the motion shall be resolved by the latter final order. prior to the filing of the criminal action). May X still file a motion to suppress illegally *Note: Motion to suppress illegally obtained or obtained evidence? seized evidence will prevent the presentation of these pieces of evidence before the court.R. However. It also contemplates a situation may be filed in court in anticipation of one yet where the court that issued the search to be filed (here. which cannot be the motion may be filed in and resolved by the appealed. 31 . X may no longer file a motion to suppress illegally obtained evidence. No. 161106. and nothing else. 13. No. Or. the denial of the motion to quash is a court. the motion (Wordlwide Web Corporation et al.

insofar as they are applicable. there may also be of looking for unlicensed firearms in the house another reason why Ass-asin’s objection may be of Ass-asin. In an Nipa hut. (by analogy. evidence claiming that it was illegally seized. and the search party does type question but suppose it is converted into not have any authority to search for places not an MCQ with the following choices. chests and containers in which Yes. to allow the officers to search a place not described in the warrant because the place not a) Preliminary attachment described is what the officers had in mind. Rule 127 is made in general terms. . b. So if I were to answer the above question in an asin. how would included in it. When the sustained. thirty (30) meters away from the house of Ass. validly searched. under the facts of the you answer it?) case. d. The actions. the search warrant is for the house. It is true that a search When the civil action is properly warrant for weapons authorizes the searching instituted in the criminal action as provided in 32 . Ass-asin’s objection is valid. 2014 Bar Essay Type Question in Remedial Law. Yes. No. chests and circumstances mentioned above. I will do it this way. they also sought the of the place described in the warrant. Yes. the search was done pursuant to a PROVISIONAL REMEDIES (RULE 127) validly issued warrant. While the problem dwelt on the issue police served the warrant. No. At any rate.A search warrant was issued for the purpose *Under the facts of the case. validly searched. and not the nipa hut. Where the liability. the search does not extend to the apartment units located at the back of the store What then are these provisional remedies? even if the sketch submitted to the judge The following are the provisional include the apartments. e) Support Pendent elite Letter A is not applicable. A search in plain view The reference to provisional remedies in needs a lawful warrantless arrest. This includes the cases? authority to search to open closets. Further. it never assistance of the barangay tanods who were mentioned anything about compliance with the assigned to look at other portions of the two witness rule. drawers. and not the nipa hut. It is neither fair nor licit remedies available in a criminal action. warrant. it is said to be containers that may harbor weapons. may be structures annexed to the place availed of in connection with the civil action described to be searched may also be deemed instituted with the criminal action. When is preliminary attachment available? Letter C is incorrect. it must be one with a corresponding civil liability. the place described in the d) Replevin warrant is controlling. Ass-asin objected to the introduction of such Foremost. the provisional remedies in civil the weapons might be found. Is and not the nipa hut. a baranggay tanod came upon a kilo of essay form. criminal action. if it is not incidental thereto. Letter B is irrelevant. The when the place described in the warrant is a application is independent from/of a criminal land that the structures annexed to it may be action. the search warrant authorizes the Are provisional remedies available in criminal search for weapons. drawers. b) Preliminary injunction c) Receivership *In other words. The place described in the the objection valid? (This is originally an essay warrant is controlling. If the application is filed not within the party to open closets. No. witness rule. there was no compliance with the two- a. c. premises around the house. It is only independent from/of a criminal action. letter c may not be Hehe) the answer since the warrant is only for the house. the civil action must be one arising from warrant is unambiguous and limited only to a the offense charged and which action must be particular place like a store described in the one arising from the action. a notorious gun for hire. If there is civil The correct answer is letter D. marijuana that was wrapped in news print. the search was done in plain view. the search warrant was for the *Note: To avail of a provisional remedy in a house.

4) When the acts of the officer are without or in excess of authority. Pena. property of the accused attached as security for v. courts will not issue writs of prohibition or injunction. The exceptions are the following. 3) When there is a prejudicial question which is sub judice. 10) When there is clearly no prima facie case against the accused and a motion to quash 33 . removed. 143591. 8) When it is a case of persecution rather than prosecution. or is about to do so. 23. However. in the course of his employment as such. and d) When the accused resides outside the Philippines. or disposed of his property. No. factor. G. 2007). ordinance or regulation. et al. officer of a corporation.Rule 111. 6) When double jeopardy is clearly apparent. broker. 5) When the prosecution is under an invalid law. preliminary or final. agent or clerk. 1) When the injunction is necessary to afford adequate protection to the constitutional rights of the accused. Nov. prohibition or injunction may be availed of to restrain the criminal action from proceeding. c) When the accused has concealed. May an Accused avail of the Writs of Preliminary or Final Injunction. or Prohibition to restrain the criminal action from proceeding? As a general rule. the offended party may have the on that ground has been denied. attorney. or for a wilful violation of a duty. 7) When the court has no jurisdiction over the offense. or by any other person in a fiduciary capacity. there are exceptions. (Borlongan Jr.R. to enjoin or restrain criminal prosecution. 9) When the charges are manifestly false and motivated by the lust for vengeance. the satisfaction of any judgment that may be recovered from the accused in the following cases: a) When the accused is about to abscond from the Philippines. In these instances. b) 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. 2) When it is necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions.