Criminal Procedure

Introduction:

Etymology:    Krimea [Greek]: meaning, “to charge a wrongdoing”

Criminal Procedure
The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offens
and their punishment, in case of conviction.

It is concerned with the procedural steps through which a criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender.

It is a generic term used to describe the network of laws and rules which govern the procedural administration
criminal justice.

Criminal Jurisdiction
The authority to hear and decide a particular offense and impose punishment for it. It has three requisites, nam

Subject matter – cases of the general class where the proceedings in question belong as determined by the natu
the offense and  by the penalty imposed by law;
Territory – the geographical limits of the territory over which the court presides and where the offense was
committed; and
Person of the accused – acquired thru: a) arrest [with warrant or warrantless] or b) voluntary surrender.

I. Prosecution of Offenses

How instituted?
By filing the:    1) Complaint, or 2) Information.

Complaint
A sworn written statement charging a person with an offense
Executed and Subscribed by the O.P.A.O. [Offended Party, Any peace officer, or Other public officer charged
the enforcement of the law violated].
May be filed in the prosecutors office or directly to the court

Information
1.An accusation in writing
2. Subscribed by the Prosecutor
3.Filed with the court

Both are:   
1. In writing
2. In the name of the People of the Philippines
3. Directed against all persons who appear to be responsible for the offense involved.

Elements of a complaint or information:

1. Formal elements, and
2. Substantive elements.

It must be:  
1. Sufficient in form, and
2. Sufficient in substance

Thus, under Section 14, of Rule 110, a complaint or information may be amended, in form and in substance .

A complaint or information is sufficient in form if it states: [N.D.A.N.A.P.]

1. The Name of the accused
2. The Designation of the offense given by the statute
3. The Acts or omissions complained of as constituting the offense
4.The Name of the offended party
5. The Approximate date of the commission of the offense
6. The Place where the offense was committed.

A complaint or information is sufficient in substance if it doesn’t contain any of the defects which is a ground
motion to quash. (Section 3, Rule 117)

Note:    A motion to quash, once granted, is equivalent to dismissal (but not acquittal).

Remedy if a complaint or information is defective:

I. If defective in form
   a) court may dismiss the complaint or information motu propio or upon motion, or
   b) accused may move for a BILL OF PARTICULARS
II. If defective in substance – No obligation is imposed on the judge to point out the duplicitousness or other d
in the indictment on which an accused is being arraigned. It is for the accused to move for a motion to quash o
ground that the complaint or information charges more than one offense, under sanction of waiver and loss of
ground of objection (Concurring opinion of CJ Narvasa, People v. Bartulay, 192 SCRA 632)

Note:    For certain classes of Actions, it is the tribunal having jurisdiction which automatically determines wh
or not the papers are in order before giving it due course, meaning, it satisfies itself if the complaint or informa
is sufficient in form and in substance.

Examples:
Articles of Impeachment in an impeachment proceedings
Presidential Election Protest

This is not so in criminal proceedings. It is incumbent upon the accused to object on substantive defects (Peop
Bartulay, supra).

Query:

JP was charged for indiscriminate firing. He claimed that he has to fire his gun in self-defense because there w
actual threat on his person and the firing of warning shots was reasonably necessary in order to prevent or repe
unlawful aggression directed against him. Despite this, the fiscal went on to file the information in court. May
claim that the information, though sufficient in form, is defective in substance? Why?

No. JP cannot claim that the information is defective in substance. This is so because “self-defense” is not a gr
for a motion to quash but a matter of defense. If proven, self-defense is a basis for acquittal, not dismissal.

Any explanation or defense which the defendant may want to invoke can be properly raised during trial (Galve
CA, 237 SCRA 685).

Distinction between Acquittal and Dismissal:

1. Acquittal is based on MERITS of the case (substantive) ex: accused A was found innocent of killing B.
2. Dismissal is based on TECHNICALITY (procedural) ex: the crime has already prescribed.

Notes:
1. There are certain classes of offenses that cannot be prosecuted de officio – 1private offenses, i.e. adultery,
concubinage, etc. and 2private libels, i.e. defamation imputing private offenses.
2.     For some offenses, there are conditions precedents before plaintiff can repair to the courts for redress [i.e.
those requiring mediation at the “lupong tagapamayapa”]. However, non-compliance of this rule is not
jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Sec. 40 under the Loc
Government Code of 1991 does not affect the Court’s jurisdiction if no timely objection is made [San Miguel
Village School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566].
3.     All criminal actions, whether commenced by filing of complaint or information, are under the direct contr
the prosecutor.

Queries:

I. A, B, C, D were charged with homicide. Preliminary investigation was conducted by the fiscal who found
sufficient evidence against all, but, according to his determination, D was the least guilty. So the fiscal filed th
information only against A, B, and C leaving out D whom he would utilize as state witness. Is the fiscal correc

Under the Rules of Court, the fiscal cannot exclude D without court approval. It would be a grave abuse of
discretion on the part of the court in not including D in the information because of the prosecutors finding that
there is sufficient evidence against all. There was no more necessity to utilize D as a state witness.

Exeption:
Under the Witness Protection Act, the prosecutor has the discretion of discharging an accused as a state witnes
and no court approval is necessary.

II. Is designation of the offense an essential element of the complaint or information? Why? Give the exception
any.

No. Because in case of conflict between the designation of the offense and the allegations, the allegation preva

The exception is when the allegation is so ambiguous that it may be interpreted to mean either one or another
offense, then the designation of the offense is controlling (Case of US v. Dixon, where the designation is for
trespassing but the allegations indicates either trespassing or a possible attempted rape).
II. Prosecution of Civil Action

Basis:
Art. 100, RPC - Every person criminally liable is also civilly liable

Generally, when a person commits a crime, he offends two entities, namely:    
1) The State [whose laws he violated]; and                                
2) The individual [whose person, right, honor, chastity, or property was actually or directly injured or damaged
the same acts or omissions].

Exception:
When the infraction falls under the class of offenses called victimless crimes like gambling, betting on illegal c
fights, drug addiction, prostitution, etc. etc. under the theory that “the offender himself is his own victim”.

Sec. 1, Rule 111 - When a criminal action is instituted, the civil action for the recovery of civil liability is deem
instituted with the criminal action unless the offended party:
Waives the civil action;
Reserves the right to institute it separately; or
Institutes the civil action prior to the criminal action

Principle of proferrence of criminal action over civil action:

After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted
final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended
whatever stage it may be found before judgments on the merits xxx.

Reason for the rule:

Criminal action is based on an offense committed against the laws of the State while civil action is based on an
injury to individual rights. Public interest is superior over private one.

Exception to the rule of proferrence of criminal action over civil action

When the independent Civil Action is based on Articles 32, 33, 34 and 2176 of the Civil Code.
When there is a prejudicial question in the civil case that must be decided first before the criminal action can
proceed because the decision in the civil action is vital to the judgment of the criminal case.

Elements of Prejudicial Question:

The previously instituted civil action involves an issue similar or intimately related to the issue raised in the
subsequent criminal action, and
The resolution of such issue determines whether or not the criminal action may proceed.

Queries:

1. Nobern married Armie on 2005. On 2006, Nobern married X. On 2007, Armie filed a criminal case for biga
against Nobern. On 2008, X filed a civil case for annulment against Nobern on the ground that their marriage w
void ab initio for having been contracted during the subsistence of Nobern’s prior marriage to Armie without X
knowing it.

Is there a prejudicial question? Why?

2. Nobern married Armie on 2005. On 2006, Nobern married X because X threatened to kill him unless he ma
X. On 2007, Nobern filed an annulment against X on the ground of threat and intimidation. On 2008, Armie fi
criminal case for bigamy against Nobern upon learning of Nobern’s marriage to X.

Is there a prejudicial question? Why?

Note:
Prejudicial question is subject to the principle that he who comes into court must come with clean hands. The
accused cannot be permitted to use the law in order to frustrate the ends of justice. Good faith or bad faith is
important.

III. Preliminary Investigation

Defined
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belie
a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

When required?
Before the filing of complaint or information for an offense where the penalty prescribed by law is imprisonme
of at least 4 years, 2 months and 1 day, without regard to fine.

When NOT REQUIRED:

In cases where the penalty imposed by law is NOT at least 4 years, 2 month, & 1 day
In case of a valid warantless arrest [shall proceed in inquest]

Officers authorized to conduct PI

Provincial or City Prosecutors and their assistants;
National and Regional State Prosecutors; and
Other officers as may be authorized by law [COMELEC during Election Period, Ombudsman, etc.]

Note: Effective 2004, judges of the lower court canno longer conduct Preliminary Investigations.

Rules:
1. The complaint must be sufficient in form [See notes in Prosecution of Offenses, supra]
2. Supported by affidavits of the complainant and his witnesses
3. Numbers of copies are proportionate to the number of respondents plus 2 official copies

1. Within 10 days after the filing, fiscal determines if there is prima facie case. If no – dismiss. If yes – issue
subpoenas.
2. Within 10 days after receipt of subpoena with the complaint and supporting affidavits and documents –
respondent submits counter affidavits.
3. In case respondent cannot be subpoenaed or does not submit counter affidavit within 10 days – investigating
officer resolves the complaint on the basis of evidence presented by complainant.

Clarificatory hearing – if there are facts and issues to be clarified from a party or witness - within 10 days after
submission of counter affidavit. No direct examinations. Questions must be addressed to the fiscal.

Resolution – within 10 days after the investigation.

Forwarding of fiscals’ resolution to superiors – within 5 days
Superiors shall act on the resolution – within 10 days

IV. Arrest

Defined:
1. [Based on Rules of Court] The taking of a person in custody in order that he may be bound to answer for the
commission of an offense (Sec. 1, RRC)

2. [Based on Jurisprudence] A restraint on person, depriving one of his own will and liberty, binding him to
become obedient to the will of the law (Larrañaga v. CA, 92 SCAD 605)

How made:

As to the manner of enforcement, by:

    1) Actual restraint, or
    2) Submission to the custody of the person making arrest

As to the presence or absence of judicial order:

    1) By virtue of a warrant, or
    2) Warrantless arrest, in cases allowed by the Rules

As to the person arresting:

    1) Arrest by peace officer, or
    2) Citizens arrest

When warrantless arrests allowed:

1. Inflagrante Delicto arrest – when in his presence, the person to be arrested has:

Committed
Is actually committing    an offense
Is attempting to commit

Translation: In flagrante delicto [latin] – Literally, “caught in the act of wrong”.

2. Hot Pursuit arrest – when an offense has Ajust been committed and Bhe has probable cause to believe based
personal knowledge of facts or circumstances that the person arrested has committed it.

Tests in determining probable cause based on personal knowledge:

Must be based on the senses, i.e.    1) Sight

                            2) Hearing
                            3) Smell

Notes:
A. The arresting officer must have personal knowledge of the commission of the crime through his senses.  He
cannot “fish” for evidence first and afterward make the arrest.
B. The term “personal knowledge” excludes hearsay as a basis for probable cause.
C. There must first be a lawful arrest before any search may be conducted. The process cannot be reversed (Di
of Chief Justice A. Narvasa, People v. Malmstedt). Exception: in case of valid warantless searches (Majority
opinion, People v. Malmstedt, 198 SCRA 401).
D. For purposes of arrest – Officer may break into any building or enclosure where the person to be arrested is
reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose (Sec.
RRC).
E. For purposes of search and seizure – he cannot break into any building or enclosure without violating the rig
of privacy. Exceptions: 1) When there is consent (Dissent of Justice I. Cruz, People v. Evaristo, 216 SCRA 43
When there is a warrant.

3. Arrest of fugitives from justice – persons who has escaped from a penal establishment, place of confinemen
while serving sentence, temporarily confined, or case is still pending – may be arrested under the theory that “h
engaged in the commission of a continuing offense” (Parulan v. Director of Prisons, 22 SCRA 639).

Methods of Arrest:

I. With warrant, by officer:

The officer shall inform the person of:    1) the cause of the arrest
                                2) fact that warrant exist

Exception:    1) When he flees or forcibly resist before 1 & 2 is completed

        2) When the giving of info will imperil the arrest

II. Without warrant, by an officer and  by private persons:

Inform the person of    1) authority and cause of arrest [if person arresting is police officer] or 2) intent to arres
and cause [if person arresting is private person]

Unless when the person to be arrested is either:

        1) Engaged in the commission of the offense
        2) Is pursued immediately after its commission
3) Has escaped, flees or forcibly resist before the officer or the        private person making the arrest has the
opportunity to inform him of 1 & 2, or
4) When the giving of info would imperil the arrest

Tests in determining lawfulness of USE OF LETHAL FORCE by the arresting officer:

1) Test of reasonability – conduct of the arresting officer is examined.

Where the precipitate action of the arresting officer resulted in the loss of a human life and there exists no
circumstances whatsoever justifying the shooting of a person who is asleep, even if he is a notorious criminal –
condemnation, and not condonation should be the rule (People v. Oanis, 74 Phil. 257).

2) Test of necessity – conduct of the person arrested is examined.

Where the arrested person attempts to flee, struck a policeman with his fists, draw a mess knife and attacked
another policeman, the arresting officer is not required to afford him a fair opportunity for equal struggle. A po
officer, in the performance of his duty, must stand his ground and cannot, like private individual, take refuge in
flight. His duty requires him to overcome the offender (US v. Mojica, 42 Phil 784).

V. Bail

Kinds of bail bonds:

1. cash bond
2. property bond
3. surety bond
4. recognizance

Defined:
The security given for the release of a person in custody of the law, furnished by him or a bondsman, to guaran
his appearance before any court as required under the conditions of law.

Generally:
The right to bail only accrues when a person is under custody. Court must have jurisdiction over the person of
accused either thru: 1) arrest, with or without warrant, or 2) voluntary surrender.

Exception:
When the person under investigation cannot personally appear because he is hospitalized but applies for bail
through his counsel, he is deemed to be under the constructive custody of the law (Dinapol v. Baldado, 225 SC
110, Paderanga v. CA, 247 SCRA 741).

Where to apply?
In the court where the case is pending (if not yet filed, may be filed before any court).

Conditions for bail:

See Sec. 2, Rule 114

Bail, a matter of right:

1. Before or after conviction by MTC, MTCC or MCTC
2. Before conviction by RTC of an offense not punishable by death, reclusion temporal, or life imprisonment
Bail, a matter of discretion:
1. Upon conviction of RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.
2. Before conviction for capital offenses [punishable by death], or an offense punishable by reclusion perpetua
life imprisonment, when evidence of guilt is not strong. (Bail is neither a matter of right nor a matter of discret
only in cases where the evidence of guilt is strong).

Bail granted in capital offenses despite findings that evidence of guilt is strong (Cited in Cruz, Constitutional L
2003 Ed.):
De la Rama v. Peoples Court, 77 Phil. 461 – accused was granted bail due to tuberculosis that requires confine
to the hospital.
People v. Sison, GR 398, September 19, 1946 – humanitarian reasons considered by SC.

Notes:

1. The right to bail flows from the presumption of innocence. This is so because accusation is not synonymous
guilt.

2. In deportation proceedings, bail is not a matter of right but of discretion on the part of the Commissioner of
Immigration and Deportation (Harvey v. Defensor-Santiago, 162 SCRA 398).

3. Bail is not available to military facing court martial proceedings (Commendador v. De Villa, 200 SCRA 80)

4. I extradition proceedings, bail may be granted provided the accused undertake to submit himself to the
jurisdiction of the court and provided further that he is not a flight risk (Govt. of Hong Kong v. Judge Olalia, 2

VI. Rights of the accused

Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good custom
prejudicial to a third person with a right recognized by law (Art. 6, NCC).

In all criminal prosecutions, the accused shall be entitled to the following rights:

Key:    [PIPTEC CoSpA]

P – resumed innocent
I – nformed of the nature of the cause and accusation
P – resent in person and by counsel
T – estify in his own behalf
E – xempt from being compelled to be a witness against himself
C – onfront witnesses
C – ompulsory process to secure attendance of witnesses and production of other evidence
S – peedy, impartial and public trial
A – ppeal
1) To be presumed innocent until the contrary is proved beyond reasonable doubt.

Hierarchy of proof [according to degree of persuasiveness]:

Absolute certainty – ultimate truth [not required in any legal proceeding]
Moral certainty – passed the test of human experience [i.e., guilt beyond reasonable doubt, conclusive
presumptions]
Relative certainty – so called because a higher degree of proof exists [i.e., preponderance of evidence, probabl
cause, substantial evidence, disputable or prima facie presumptions]

Notes:
The starting point is the presumption of innocence (See: Section 3, Par. (a), Rule 131, RRC)
It is incumbent upon the prosecution to demonstrate culpability. The burden of proof lies in the prosecution. U
guilt beyond reasonable doubt is established, the accused need not prove his innocence.
Burden of proof – the duty of the affirmative to prove what it alleges. (Africa, The Art of Argumentation and
Debate).
Absolute certainty is not demanded by the law to convict but only moral certainty.

2) To be informed of the nature and cause of the accusation against him.

Essential to avoid surprise and to afford him the opportunity to prepare his defense accordingly.
Arraignment serves this purpose by informing him why the prosecuting arm of the state is mobilized against h
An accused cannot be convicted of an offense unless it is clearly charged in the compliant or information. Basi
rule – you cannot prove what you did not allege.

3) To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to
promulgation of judgment.

Express or Implied waiver is renunciation to be present on that particular date only.

Escape of the accused is waiver by implication to be present on said date and all subsequent trial dates. [Fact o
escape made his failure unjustified because he has, by escaping, placed himself beyond the pale and protection
the law (People v. Salas 143 SCRA 163, cited in Cruz, Constitutional Law, 2003 Ed.)].
Right to counsel is right to effective counsel. It is not enough to simply appoint a counsel de officio. Counsel m
have no conflict of interest. Thus, a fiscal cannot be appointed as counsel de officio.
When an accused is represented by a fake lawyer who pretended to be a member of the bar, his right to counse
violated, unless the accused voluntarily chose him knowing him to be a non-lawyer.

4) To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct
examination. His silence shall not in any manner prejudice him.

5) To be exempt from being compelled to be a witness against himself.

Right to testify in his own behalf:

Once exercised, the accused is subject to limited cross-examination.
If not exercised, no inference of guilt can be derived from his silence alone.
Right against self incrimination:
Intended to shield the guilty & imprudent as well as the innocent & farsighted.
Based on public policy and humanity, otherwise, the accused will be placed on the strongest temptation to com
perjury.

Notes:
A. Prohibition covers 1testimonial compulsion and 2the production of the accused of incriminating documents
articles demanded from him.
B. Does not include compulsion to 1submit fingerprints, 2photograph, 3blood or urine samples, and 4others
requiring a mere mechanical act on the part of the accused [Villaflor v. Summers, 41 Phil. 64, US v. Tan Teng
Phil. 145, Schemerber v. California, US L.Ed. 2d 908, 89 S CT No. 658].

6) To confront and cross-examine the witnesses against him at the trial.

Reasons:
To meet the witness face to face (Bill of Rights, 1987 Constitution)
To enable the court to judge the truthfulness, deportment, and the appearance of the witness while testifying (U
Javier, 37 Phil 449).

Effect of absence of right to cross examine:

When there is express or implied waiver – no effect
In the absence of waiver – testimony of the witness cannot be considered as complete and therefore cannot for
part of the evidence against the accused.

Effect when witness dies:

Before he could take witness stand – inadmissible
After giving his direct testimony but before cross examination – Gen. rule: inadmissible. Exception: where the
adverse party was given adequate opportunity but failed to cross examine due to his own fault
After the defense conducted cross examination – admissible

7) To have compulsory process issued to secure the attendance of witnesses and production of other evidence i
behalf.

“Compulsory process” refers to the issuance of the court of:

Sub-poena – for the attendance of witnesses
Sub-poena duces tecum – for the production of documents

Notes:
A. If a sub-poena or sub-poena duces tecum is issued and the person named in the sub-poena refuses to appear
refuses to produce the required documents without justifiable reasons – court has the power to declare that per
in contempt and may order his arrest. [People v. Montejo, 21 SCRA 722].

B. The coercive powers of the court must be employed in order to give meaning to this right.

8) To have speedy, impartial and public trial.

Speed:
Justice delayed is justice as denied

Impartiality:
Every party litigant is entitled to nothing less than the cold neutrality of an impartial court (Macalintal v. Judge
Teh, 280 SCRA 623).

Public trial:
So that the public may see that he is fairly dealt with and not unjustly condemned in case of conviction.
So the public may know of the fact or the basis of his innocence in case of acquittal.

Note: “Public trial” and “Trial by publicity” are two different things. They are not the same. There should be a
public trial, not trial by publicity.

9) To appeal in all cases allowed and in the manner prescribed by law.

The right to appeal is a statutory right but withdrawal of this right, in the absence of a valid waiver, constitutes
denial of due process guaranteed by the Constitution (Cruz, Constitutional Law, 2003 Ed.).
It is not a natural right or inherent one. The party who seeks to avail of the said right must comply with the
requirements of the Rules. Otherwise, the right to appeal is lost (People v. Sabellano, 198 SCRA 196)

VII. Arraignment and Plea

Arraignment:    The initial step in a criminal prosecution whereby the defendant is brought before the court to
the charges and to enter a plea (Black’s Law Dictionary).

Venue for Arraignment and Plea:

Before the court where the complaint or information was filed or is assigned for trial.

Purpose of arraignment [Key: FIG] (14 Am. Jur., p. 939, GV Jacinto, Crim. Proc.)

1) To fix the identity of the accused

2) To inform him of the charge
3) To give the accused an opportunity to plead

Note:
In order for the Court to “acquire” complete jurisdiction over the person of the accused, arraignment is essentia
Unless this procedure is completed, the court cannot commence trial in absentia.

Procedure:
Arraignment must be made in open court by the judge or the clerk
Accused must be furnished with a copy of the complaint or information
Complaint or Information must be read in a language or dialect known to him
Accused must be present
Accused must personally enter his plea

I. If under preventive detention

Raffle of case and transmittal of records – within 3 days
Arraignment – within 10 days from the date of raffle
Pre trial conference – within 10 days after arraignment

II. If not under preventive detention

General rule – within 30 days from the date the court acquires jurisdiction
Exception – a shorter period is provided by special law or SC Circular

Rules in entering a plea:

If accused refuses to plead or makes a conditional plea – a plea of not guilty shall be entered
If accused enters a plea but presents exculpatory evidence – plea of guilty is withdrawn and a plea of not guilty
shall be entered for him. Burden of proof shifts.
If accused enters a plea to a capital offense – court shall conduct a searching inquiry into the voluntariness and
comprehension of the consequences of his plea and shall require the prosecution to prove his guilt and the prec
degree of culpability.

Pre-trial Conference:
Private offended party shall be required to appear for purposes of:   
1)    Plea-bargaining
2)    Determination of civil liability
3)    Other matters requiring his presence

In case of failure of the offended party to appear despite due notice – conformity of prosecutor is sufficient for
purposes of pleading guilty to a lesser offense which is necessarily included in the offense charged.

Bill of particulars:
The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and prepar
trial. The motion shall specify the alleged defects of the complaint or information and the details desired.

Scope of the Bill of Particular:

Bill of Particulars is a remedy for formal defects and not substantive defects.

The remedy against an indictment that fails to allege the time of the commission of the offense with sufficient
definition is a Motion for Bill of Particulars and not a Motion to Quash (Rocaberte v. People, 192 SCRA 152).

[See discussion in: Elements of Complaint and Information, remedy in case complaint or information is defect
supra]

Modes of discovery:
Accused has a right against the suppression of evidence favorable to an accused which is material as to 1) guil
2) as to punishment (Webb v. De Leon, 247 SCRA 653).

Suppressed evidence must be of such nature as to affect the outcome of the trial (US v. Agurs, US v. Bagley)

Notes:
 1) Arraignment is important for notifying the accused of the cause he is required to meet. The accused has the
to be informed of the nature and cause of the accusation against him (Borja v. Mendoza, 77 SCRA 422).

2) The existence of a plea is an essential requisite to double jeopardy (People v. Balicas)

Criminal Jurisprudence Definition of Terms
Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an
excessive period.

Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasona
doubt of the crime charged.

Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection
right.

Actus reus - proof that a criminal act has occurred.

Adjudicated - settled in a court of law.

Adjudicated father - man determined by the court to be the father usually through a court action and genetic
testing.

Adjudication - giving or pronouncing a judgment or decree;also the judgment given.Decision made by a cour
administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts, description of

evidence packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for consistency  with
laboratory policies, editorial correctness and compliance with the submission request.

Admissible - evidence that can be legally and properly introduced  in a civil or criminal trial.

Adoption - legal proceeding in which an adult takes  as his/her lawful child an individual usually a minor who
not the adoptive parents or natural offspring.

Adversary system - trial methods in which opposing parties  are given full opportunity to present and establis
their evidence and to test by cross-examination the evidence presented by their adversaries under established r
of procedures before an impartial judge.

Affidavit - a sworn statement by a witness.

Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance su
insanity, self-defense, or entrapment to avoid civil or criminal responsibility.

Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared va
and will stand as rendered in the lower court.

Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to
court on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce
evidence, arguments or authority to protect one's interest.

Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court.Request to
higher court to change the decision of a trial court, usually appeals are made and decided on questions of law
only.Issues of fact are left to the trial judge discretion.

Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear
charges filed against him or her and to enter a plea of guilty or not guilty.

Arrest - process of taking a person into custody.

Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm

Attest - to bear witness; to affirm as true or genuine.

Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.

Bail - money or security given to secure a person's release from custody which is at risk  should he/she
subsequently fail to appear before the court.

Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose b
not properly appearing for trial.

Bailiff - a court attendant who keeps order in the court room.

Bar - the term means the whole body of lawyer's.Historically, the partition separating the general public from
space occupied by the judge's, lawyer's, and other participants in a trial.

Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolon
and extensive abuse from their spouses.

Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certaint
that every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the m
of the ordinary person.
Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investig
in trial and to limit the course of evidence to the particular scope of the inquiry.An amplification of the pleadin

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following
arrest.

Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a cas
and the applicable law.

Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending
message that it is acceptable to kill those who have wronged us.
Capital crime - a crime punishable by death.

Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished
from statutory law.

Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated perta
to a particular case.

Caveat - a warning; a note of caution.

Certification - procedure by which a certifying body formally recognizes that a body or person complies with
given qualifications.

Chambers - a judge's private office.

Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or
mental health or welfare.

Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the ch
basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention , or
supervision.Child neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests an association with a past occurrence.Any evidenc
a case for which an inference is needed to relate it to the crime.Not observed by an eyewitness.Fact from whic
another fact can be reasonably inferred.

Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is
involuntarily committed to a psychiatric hospital.

Closing argument - also known as final argument, attorney's final statement to the court summing up the case
the points points proven as well as those points not proven by opposing counsel.

Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived f
justice, reason and common sense rather than legislative enactments.
Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath;
personal qualification of the witness to give testimony which differs from the witness ability to tell the truth.

Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the
plaintiff.

Concur - to agree with the judgment of another.When one court concurs with another, it agrees with or follow
precedent set by that court's decision.

Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that
after the other.

Confession - an oral or written statement acknowledging guilt.

Consent search - exception to the requirement for a search warrant; written or oral permission is required from
person with authority to give it.

Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to
commit a lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.

Continuance - court order that postpones legal action, such as a court hearing until later time.

Conviction - a judgment of guilt against a criminal defendant.

Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each elemen
the crime be satisfied 2. that someone is responsible for inflicting the injury  or loss sustained.
                      - Body of the crime.

Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the
member is engaged.Military status is not sufficient,the crime must be service connected.

Court order - directive issued by the court, and is enforceable as law; written command or directive given by
judge.

Court of Appeals - a court that hears an appeal after a trial court has made a judgment.

Criminal prosecution - process that begins with the filing of charges against a person who has allegedly viola
criminal law and includes the arraignment and trial of the defendant.Criminal prosecution may result in fine,
restitution, imprisonment, or probation.

Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine who has the right
Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.
Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted
many jurisdictions.Five factors are utilized to assess the scientific theory or technique testing of theory, use of
standards and control, peer review, error rate, and acceptability in the relevant scientific community.

Decision - the judgment reached or given by a court of law.

Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's
action.

Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deposition - oral  or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to
meaningfully premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence.Information offered by witnesses who testify about their own knowledge of
facts.

Direct examination - the first questioning of witnesses by the party in whose behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address t
topic in a forthright manner.

Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case
assist in preparation for the trial.The purpose of discovery is to make for a fair trial and to allow each party to k
what document and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial proces
the condition that the accused undergo some sort of rehabilitation or make restitution for damages.Diversion m
take place before the trial  or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.

Dying declaration - a statement made just prior to death with the knowledge of impending death.Also called a
Morten statement.
Element of a crime - specific factors that define a crime, every element of which the prosecution must prove
beyond a reasonable doubt in order to obtain a conviction.
Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise
contemplated for the purpose of prosecuting him/her.

Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally colle
and whether it is factual  and legally proves or is relevant to the case being heard.

Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible  in a trial.

Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warr
and failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape o
suspect.

Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts,
science, profession, or technical area.Experts educate the court by assisting it in understanding the evidence or
determining an issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve
court action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person accused or convicted of a cri
in the other state.
Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary
more than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right
otherwise do them harm.

Frye standard - a set of standards set by the the court of appeals of the district of Columbia in 1923 in  the U.
Frye vs. the United states.The standards in general define when a new scientific test should be admissible as
evidence in the court system.

Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally
accepted explanatory theory.
Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due
process rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-
examine a witness, the right to remain silent, and the right to subpoena witnesses in defense.
Habeas corpus - a writ that commands that a person be brought before a judge.A writ of habeas corpus is a leg
document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify h
or her detention.

Hearing - judicial or legal examination of the issues of law and fact between the parties.

Hearsay - a statement made during a trial or hearing that is not based on the personal, first hand knowledge of
witness.Statement made out of court and offered in court to support the truth of the facts asserted in the statem

Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowled
unless it falls within certain exceptions.

Holographic document - any document completely written and signed by one person.A holographic may be
probated without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.
Immunity - grant by the court in which someone will not face prosecution in return for providing criminal
evidence.

Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disre

Incompetency - lacking the physical, intellectual,or moral capacity or qualification to perform a required duty

Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time,
specifically authorized by statute, subject to termination by a parole board or or other authorized agency after t
prisoner has served the minimum term.

Infraction - a violation of law not punishable by imprisonment.Minor traffic offenses are generally considered
infractions.

Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act.A
preliminary injunction is granted provisionally until a full hearing can be held to determine if it should be mad
permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested informatio
their respective clients relevant to the case. 
Judgement - the final disposition of a case.

Judgement,default - default judgment is rendered because of the defendant's failure to answer or appear.

Judgement,summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presente
for the record without any need for a trial.It is used when there is no dispute as to the facts of the case and one
party is entitled to judgement as a matter of law.

Judicial review - authority of a court to review the official actions of other branches of government, also the
authority to declare unconstitutional the actions of other branches.
Jurisdiction - the nature and scope of a court's authority to hear or decide a case.Inherent power and authority
particular court to hear and determine cases.

Justice - fairness, providing outcomes to  each party in line with what they deserve.

Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children under 18 years of age.

Leading question - a question that suggest the answer desired of a witness.A party generally may not ask one'
own witness leading questions, leading questions may be ask only of hostile witnesses and on cross-examinatio

Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a
child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or
interferes with the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or official position.

Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively sho
period of time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right befo
they questions him.Result of the Miranda vs. Arizona ruling.Law enforcement procedure that forewarns suspec
their right to remain silent when in police custody.Violation of this right makes the suspect's confession
inadmissible in evidence.

Misdemeanor - criminal offenses considered  less serious than felonies.Misdemeanor are generally punishable
fine or a limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degre
guilt in a criminal offense and thus the nature of the punishment.

M'naghten rule - the test applied for the defense of insanity.Under this test, an accused is not criminally
responsible if suffering from a mental disease or defect at the time of committing the act and not understanding
nature and quality of the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended
controversy that has not yet actually arisen or has already passed.

Motion - an application for a rule or order, made to a court or judge.An application to the court requesting an o
or a rule in favor of the applicant.

Objection - the process by which one party takes exception to some statement or procedure.An objection is eit
sustained or overruled by the judge.If the judge overrules the objection, the witness may answer the question.I
judge sustain the objection, the witness may not answer the question.

Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is
admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances

Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overv
of the evidence that will be presented during the trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should not be execu

Overrule -  judge's decision not to allow an objection.Decision by a higher court finding that a lower court  
Pardon - a form of executive clemency removing or extinguishing criminal convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in question.

Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in pl
view by a person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not
guilty.The defendant's answer to the charges made in the information.

Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfac
disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a  judge determines whether there is sufficient
evidence against a person charged with a crime to warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs t
of the other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rul
action to be established in the action.
Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues
the suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.

Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fa
a chain of facts making up a party's claim or defense.If such evidence is unexplained or uncontradicted, it is
sufficient to obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to just
the issuance of a search warrant or to make an arrest.Reasonable ground for believing that a crime has been
committed or that the person committed the crime.

Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement with the objective
preventing an assault or other crimes against him/her.

Public defender - (ex.PAO)government lawyer who provides free legal defense services to a poor person accu
of crime.

Putative father - a man accused but not proven to be the biological father of an offspring.
Quid pro Quo -  something for something, as in making a deal (ex.plea bargaining)
Rape - sexual intercourse between a man and a woman without the women's consent.

Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable
prudent person.Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for stopping  and frisking a person.A m
hunch is not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party

Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the tria
there is going to be a substantial delay, it is called continuance.A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or results achieved.

Recross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cr
examination.

Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examina

Release on recognizance - a court order releasing a defendant from custody on the defendant's written promis
appear in court when the defendant's case is scheduled for hearing, trial or other proceeding.A defendant who i
released on recognizance is not required to deposit money or other property with the court in order to be releas
Res gestae - all of the things done or words spoken in the course of the transaction or event;A record of what w
said or done in the first moments of an investigation.

Rest - a party is said o have rest its case when it has presented all of the evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate presence and against his will b
means of force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.
Search and seizure - the body of law that covers the issue of examining a persons property with the intention
finding evidence not in plain view (search) and taking possession of that property against the will of its owner
possessor (seizure)

Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to
restitution, or granted a conditional release from custody.

Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by
testimony of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought ot the time within which evidence mu
analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to
so.

Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court  based on written documentation submitted before any tr
occur.

Summons - a notice to the defendant that he/she has been sued and is required to appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence sh
not be admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be he

Testimony - evidence given by a witness under oath. does not include evidence from documents and other
physical evidence.
Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.

Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that the particular requirements
a specific intended use are fulfilled.

Venue - synonymous with the place of trial. 

Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.

Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of
compelling a person to do something.