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Criminal Procedure Memory Aid
Criminal Procedure Memory Aid
CRIMINAL PROCEDURE
Remedies of the offended party if the motion to quash on that ground has
prosecutor refuses to file an been denied.
information:
1. file an action for mandamus, in Section 2. Form of the complaint or
case of grave abuse of information.
discretion;
2. lodge a new complaint before FORM
the court having jurisdiction 1. In writing;
over the offense; 2. In the name of the People of the
3. take up the matter with the Philippines; and
Secretary of Justice in 3. Against all persons who appear
accordance with the Rev. to be responsible for the offense
Administrative Code; involved.
4. institute an administrative Section 3. Complaint defined.
charges against the erring
prosecutor; and A Complaint is:
5. file criminal action against the 1. a sworn written statement;
prosecutor with the 2. charging a person with an
corresponding civil action for offense;
damages. 3. subscribed by the offended
party, any peace officer or other
May Injunction Issue to Restrain public officer charged with the
Criminal Prosecution? enforcement of the law violated.
GENERAL RULE: Criminal prosecutions
may NOT be restrained or stayed by The complaint mentioned in this section
injunction, preliminary or final. The refers to one filed in court for the
reason being, public interest requires commencement of a criminal
that criminal acts be immediately prosecution for violation of a crime,
investigated and prosecuted for the usually cognizable by municipal trial
protection of the society (Domingo vs. courts as well as to a complaint filed by
Sandiganbayan, 322 SCRA 655). an offended party in private crimes or
EXCEPTIONS: those which cannot be prosecuted de
1. To afford adequate protection to the officio.
constitutional rights of the accused;
2. When necessary for the orderly REQUISITES OF A COMPLAINT:
administration of justice or to avoid 1. it must be in writing and under
oppression or multiplicity of actions; oath;
3. When there is a prejudicial question 2. it must be in the name of the
which is subjudice; People of the Philippines;
4. When the acts of the officer are 3. it must charge a person with an
without or in excess of authority; offense; and
5. When the prosecution is under an 4. it must be subscribed by the
invalid law, ordinance or regulation; offended party, by any peace
6. When double jeopardy is clearly officer or public officer charged
apparent; with the enforcement of the law
7. When the court had no jurisdiction violated.
over the offense;
8. When it is a case of persecution PERSONS WHO CAN FILE A COMPLAINT
rather than prosecution; 1. Offended party
9. When the charges are manifestly 2. Any peace officer
false and motivated by lust for 3. Other public officer charged
vengeance; and with the enforcement of the law
10. When there is clearly no prima facie violated
case against the accused and a
ex. Internal Revenue Officer for prosecuted under the direction and
violation of the NIRC, custom control of the prosecutor.
agents with respect to violations
of the Tariff and Customs Code A PRIVATE PROSECUTOR may be
authorized to prosecute a criminal
Section 4. Information defined. action subject to the following
conditions:
An Information is: 1. the public prosecutor has a
1. an accusation in writing; heavy work schedule, or there is
2. charging a person with an no public prosecutor assigned in
offense; the province or city;
3. subscribed by the prosecutor and 2. the private prosecutor is
filed with the court. authorized IN WRITING by the
Regional State Prosecutor (RSP),
REQUISITES OF AN INFORMATION Provincial or City Prosecutor;
1. it must be in writing; 3. the authority of the private
2. it must charge a person with an prosecutor must be approved by
offense; the court;
3. it must be subscribed by the 4. the private prosecutor shall
fiscal; and continue to prosecute the case
4. it must be filed in court. until the end of the trial unless
the authority is withdrawn or
COMPLAINT INFORMATION otherwise revoked by the RSP,
Subscribed by the Subscribed by the Provincial or City Prosecutor;
offended party, any fiscal and
peace officer or other (indispensable 5. In case of the withdrawal or
officer charged with requirement) revocation of the authority of
the enforcement of the private prosecutor, the same
the law violated must be approved by court.
it may be filed either it is filed with the (Memo Circ. No. 25, April 26,
in court or in the court 2002, Regarding Amendment to
prosecutor’s office Sec. 5, Rule 110)
must be made under need not be under
oath oath In appeals before the CA and the SC, it is
only the Solicitor General that is
Prosecution in the RTC are always authorized to bring and defend actions in
commenced by information, EXCEPT: behalf of the People of the Philippines
1. in certain crimes against chastity (People vs. Nano, 205 SCRA 155).
(concubinage, adultery,
seduction, abduction, acts of In all cases elevated to the
lasciviousness); and Sandiganbayan and from the
2. defamations imputing any of the Sandiganbayan to the SC, the Office of
aforesaid offenses wherein a the Ombudsman, through its Special
sworn written complaint is Prosecutor shall represent the People of
required in accordance with the Philippines, EXCEPT in cases filed
section 5 of this Rule. pursuant to E.O. Nos. 1, 2, 14 and 14-A,
issued in 1986 (Sec. 4, RA 8249).
Section 5. Who must prosecute
criminal actions. PROSECUTION OF CRIMES AGAINST
FULL DISCRETION AND CONTROL OF CHASTITY
THE PROSECUTOR
All criminal actions commenced by a WHO MAY PROSECUTE
complaint or information shall be 1. Concubinage and adultery – only by
the offended spouse who should
have the status, capacity, and legal c) if the offended woman is of age
representation at the time of filing and not otherwise incapacitated,
of the complaint, regardless of age; only she can extend a valid
2. Seduction, Abduction and Acts of pardon.
Lasciviousness – prosecuted
exclusively and successively by the The pardon refers to pardon BEFORE
following persons in this order: filing of the criminal complaint in court.
a) by the offended woman Pardon effected after the filing of the
b) by the parents, grandparents or complaint in court does NOT prohibit the
legal/judicial guardians in that continuance of the prosecution of the
successive order offense EXCEPT in case of marriage
c) by the State in the exercise of between the offender and the offended
the right of parens patriae, party.
when the offended party dies or
becomes incapacitated before PARDON vs. CONSENT
she could file the complaint and Consent refers to future acts, while
she has no known parents, pardon refers to past acts of adultery.
grandparents or guardian. The importance of this distinction is that
3. A defamation imputing to a person consent, in order to absolve the accused
any of the foregoing crimes of from liability, is sufficient even if
concubinage, adultery, seduction, granted only to the offending spouse,
abduction, rape or acts of whereas pardon must be extended to
lasciviousness can be prosecuted both offenders
only by the party or parties defamed
(Article 360, last par., Revised Penal The SUBSEQUENT MARRIAGE between the
Code). offended party and the accused
extinguishes the criminal liability of the
If the offended party is of legal age AND latter, together with that of the co-
does not suffer from physical or mental principals, accomplices and accessories.
disability, she alone can file the EXCEPT:
complaint to the exclusion of all others. 1. where the marriage was invalid
or contracted in bad faith in
WHO CAN GIVE PARDON order to escape criminal
1. Concubinage and adultery - only liability,
the offended spouse, not otherwise 2. in “private libel”
incapacitated, can validly extend the 3. in multiple rape, insofar as the
pardon or consent contemplated other accused in the other acts
therein. of rape respectively committed
2. Seduction, abduction, and acts of by them are concerned.
lasciviousness –
a) the offended minor, if with The ACQUITTAL OR DEATH of one of
sufficient discretion, can validly the accused in the crime of adultery
pardon the accused by herself if does not bar the prosecution of the
she has no parents or where the other accused (People vs. Topiño, et al.,
accused is her own father and 35 Phil. 901). HOWEVER, the death of
her mother is dead; the offended spouse before the filing of
b) the parents, grandparents or the complaint for adultery bars further
guardian of the offended minor, prosecution, BUT if the offended spouse
in that order, CANNOT extend a died after the filing of the corresponding
valid pardon in said crimes complaint, his death will NOT prevent
WITHOUT the conformity of the the proceeding from continuing to its
offended party, even if the ultimate conclusion.
latter is a minor;
Limitation on the rule that an accused Section 10. Place of commission of the
may be convicted of a crime which is offense
more serious than that named in the
title so long as the facts alleged the PURPOSE
more serious offense: To show territorial jurisdiction.
An accused could not be convicted under Section 11. Date of commission of the
one act when he is charged with a offense
violation of another if the change from
one statute to the other involves: GENERAL RULE:
a) a change in the theory of the It is NOT required that the complaint or
trial; information state with particularity the
b) requires of the defendant a PLACE where the crime was committed
different defense; or and the DATE of the commission of the
c) surprises the accused in any way crime.
(U.S. vs. Panlilio, 28 Phil. 603) EXCEPTION:
. If the PLACE/DATE of the commission of
Section 9. Cause of the accusation. the offense constitutes an essential
element of the offense.
PURPOSE
1. to enable the court to pronounce Section 12. Name of the offended
proper judgment; party
2. to furnish the accused with such
a description of the charge as to GENERAL RULE: The offended party
enable him to make a defense; must be designated by name, nickname,
3. as a protection against further any other appellation or by fictitious
prosecution for the same cause. name.
EXCEPTION: In crimes against property,
RULE ON NEGATIVE AVERMENTS the description of the property must
GENERAL RULE: Where the statute supplement the allegation that the
penalizes generally the acts therein owner is unknown.
defined and is intended to apply to all
persons indiscriminately, the information Section 13. Duplicity of offense.
is sufficient even if does not allege that
the accused falls within the excepted There is duplicity when the complaint or
situation, for then the complete information charges 2 or more DISTINCT
definition of the offense is entirely or DIFFERENT offenses.
separable from the exceptions and can
be made without reference to the latter. GENERAL RULE:
In this case, the exception is a matter of A complaint or information must charge
defense which the accused has to prove. only one offense.
EXCEPTIONS:
EXCEPTION: Where the statute alleged 1. Complex crimes
to have been violated applies only to a 2. Special Complex crimes
specific class of persons and to special 3. Continuous crimes or delicto
conditions, the information must allege continuado
facts establishing that the accused falls 4. Crimes of which another offense
within the specific class affected and not is an ingredient
those affected from the coverage of law.
Where negative averment is an essential Should there be duplicity of offense in
element of the crime, it must be proved. the information, the accused must move
for the quashal of the same BEFORE
arraignment
where the civil action for recovery of Civil Code which can be prosecuted even
civil liability is instituted in the criminal without reservation.
action pursuant to Rule 111. In BP 22 cases, no reservation to file
the civil action separately shall be
EXCEPTIONS: allowed.
1. Where from the nature of the
crime and the law defining and RULES ON FILING FEES OF CIVIL ACTION
punishing it, NO civil liability DEEMED INSTITUTED WITH THE
arises in favor of the offended CRIMINAL ACTION
party; and 1. NO filing fees are required for
2. Where the offended party has amounts of ACTUAL DAMAGES,
waived his right to civil EXCEPT with respect to criminal
indemnity OR has expressly actions for violation of BP 22, in
reserved his right to institute a which case, the offended party
civil action OR has already shall pay in full the filing fees
instituted said action. based on the face value of the
check as the actual damages;
2. Damages other than actual
RULE 111 (moral, exemplary and other
PROSECUTION OF CIVIL ACTIONS damages) if specified in the
complaint or information, the
Section 1. Institution of criminal and corresponding filing fees shall be
civil actions. paid, otherwise the court will
not acquire jurisdiction over
GENERAL RULE: such damages;
When a criminal action is instituted, the 3. Where moral, exemplary and
civil action for the recovery of civil other damages are NOT specified
liability arising from the offense shall be in the complaint or information,
deemed instituted with the criminal the grant and amount thereof
action. are left to the sound discretion
EXCEPTIONS: of the trial court, the
1. when the offended party WAIVES corresponding filing fees need
the civil action not be paid and shall simply
2. when the offended party constitute a first lien on the
RESERVES his right to institute a judgment.
separate civil action
3. when offended party INSTITUTES Counterclaims, cross-claims, third
A CIVIL ACTION PRIOR to the party complaints are no longer allowed
criminal action. in a criminal proceeding. Any claim
which could have been the subject
WHEN RESERVATION SHALL BE MADE thereof may be litigated in a separate
1. before the prosecution starts to civil action.
present its evidence and
2. under circumstances affording Section 2. When separate civil action is
the offended party to a suspended.
reasonable opportunity to make
such reservation. PRIMACY OF CRIMINAL ACTION OVER
CIVIL ACTION
ONLY the civil liability arising from 1. After the filing of the criminal
the crime charged as a felony is now action, the civil action which has
deemed instituted. Civil liability arising been reserved CANNOT be
from other sources of obligations are no instituted until final judgment
longer deemed instituted like those has been rendered in the
under Article 32, 33, 34 and 2176 of the criminal action.
proper substitution or against said crime has been committed and that the
estate, as the case may be. respondent is probably guilty thereof,
and should be held for trial. (Sec. 1,
Section 7. Elements of prejudicial Rule 112)
question.
Preliminary Investigation is required to
Prejudicial Question - that which arises be conducted BEFORE the filing of a
in a case, the resolution of which is the complaint or information for an offense
logical antecedent of the issue involved where the penalty prescribed by law is
therein, and the cognizance of which at least 4 years, 2 months and 1 day
pertains to another tribunal. It must be without regard to the fine.
determinative of the case before the
court but the jurisdiction to try and There is NO right of preliminary
resolve the question must be lodged in investigation under Section 7, Rule 112
another court or tribunal. when a person is LAWFULLY arrested
unless there is a waiver of the provisions
Rationale: to avoid two conflicting of Article 125 of the Revised Penal Code.
decisions.
HOWEVER, the accused can ask for
ELEMENTS OF A PREJUDICIAL Preliminary Investigation in the following
QUESTION cases:
1. The civil action must be 1. if a person is arrested, he can
instituted prior to the criminal ask for preliminary investigation
action. BEFORE the filing of the
2. The civil action involves an issue complaint/information BUT he
similar or intimately related to must sign a waiver in accordance
the issue raised in the criminal with Article 125, RPC.
action. 2. AFTER the filing of the
3. The resolution of such issue information/complaint, the
determines whether or not the accused may, within 5 days from
criminal action may proceed. the time he learns of its filing
ask for preliminary investigation.
WHERE TO FILE PETITION FOR
SUSPENSION BY REASON OF PURPOSES
PREJUDICIAL QUESTION 1. to determine whether a crime
1. Office of the prosecutor; or has been committed and
2. court conducting the preliminary whether there is probable cause
investigation; or to believe that the accused is
3. court where the criminal action guilty thereof;
has been filed for trial at any 2. to preserve evidence and keep
time before the prosecution the witnesses within the control
rests. of the State;
3. to determine the amount of bail,
if the offense is bailable.
RULE 112
PRELIMINARY INVESTIGATION PRELIMINARY INVESTIGATION:
PERSONAL STATUTORY RIGHT
Section 1. Preliminary Investigation The right to preliminary investigation is
defined; when required. a personal right covered by statute and
may be waived expressly or by
Preliminary Investigation - is an inquiry implication.
or proceeding to determine whether
there exists sufficient ground to Absence of preliminary investigation
engender a well-founded belief that a does not affect the jurisdiction of the
The Rules do not require the presence of In either situation, the MTC is
the respondent in the Preliminary authorized to issue a warrant of arrest if
Investigation, what is required is that he there is necessity of placing the
be given the opportunity to controvert respondent under immediate custody, in
the evidence of the complainant by order not to frustrate the ends of
submitting counter-affidavits. justice.
INSTANCES WHEN WARRANT OF ARREST the accused until the prosecutor shall
NOT NECESSARY have conducted and made a report on
1. if the accused is already under the result of such reinvestigation.
detention;
2. if the complaint or information The right to bail pending Preliminary
was filed after the accused was Investigation under Section 7, Rule 112,
lawfully arrested without a person lawfully arrested may post bail
warrant; before the filing of the information or
3. if the offense is punishable by even after its filing without waiving his
fine only. right to preliminary investigation,
provided that he asks for a preliminary
Section 7. When accused lawfully investigation by the proper officer within
arrested without warrant. the period fixed in the said rule (People
vs. Court of Appeals, May 29, 1995).
TWO SITUATIONS CONTEMPLATED
UNDER THIS RULE: Section 8. Records
1. When a person is lawfully
arrested without a warrant for Records of the preliminary investigation
an offense requiring a shall NOT automatically form part of the
preliminary investigation (sec. 1, records of the case. Courts are not
Rule 112) and no complaint or compelled to take judicial notice
information has yet been filed, thereof. It must be introduced as an
he may ask for a preliminary evidence.
investigation by signing a waiver
of the provisions of Art. 125 of Section 9. Cases not requiring a
the RPC in the presence of his preliminary investigation nor covered
counsel. by the Rule on Summary Procedure.
2. When the complaint or
information was filed without PROCEDURE TO BE FOLLOWED IN CASES
preliminary investigation, the WHICH DO NOT REQUIRE PRELIMINARY
accused may, within 5 days from INVESTIGATION
the time he learns of the filing
of the information, ask for a 1. Evaluate the evidence presented
preliminary investigation with 2. Conduct searching questions or
the same right to adduce answers
evidence in his favor in the 3. Require the submission of
manner prescribed in this Rule. additional evidence
The 5-day period is MANDATORY, failure For cases under the Revised Rules on
to file the motion within the said period Summary Procedure, no warrant shall be
amounts to waiver of the right to ask for issued except where the accused fails to
preliminary investigation. appear after being summoned.
Where the information was amended If the complaint is filed with the
without a new preliminary investigation prosecutor involving an offense
having been conducted, the 5-day period punishable by imprisonment of less than
is computed from the time the accused 4 years, 2 months and 1 day, the
learns of the filing of said amended procedure in Rule 112, Section 3 (a) shall
information. be observed.
Where the trial court has granted a If the complaint is filed with the MTC,
motion for reinvestigation, it must hold the same procedure under Rule 112,
in abeyance the arraignment and trial of Section 3 (a) shall be observed.
the
Section 11. Right of officer to break Bail -- the security given for the release
into building or enclosure. of a person in custody of the law,
furnished by him or a bondsman,
Requisites before an officer can break conditioned upon his appearance before
into a building or enclosure to make an any court as required under the
arrest: conditions specified by the rule (Sec. 1,
1. That the person to be arrested is Rule 114).
or is reasonably believed to be in
said building;
2. That he has announced his
authority and purpose for A person is in the custody of law
entering therein; when he has been either arrested or
otherwise deprived of his freedom or
1. May be filed with the court that the accused will escape, or even if
where the case is pending, or in he had previously escaped while under
the absence or unavailability of detention, does not deprive him of his
the judge thereof, with another right to bail. The remedy is to increase
branch of the same court within the amount of the bail, provided such
the province or city. amount would not be excessive. (Sy
2. Whenever the grant of bail is a Guan vs. Amparo, 79 Phil. 670)
matter of discretion, or the
accused seeks to be released on Section 21. Forfeiture of bail.
recognizance,
3. the application therefor may be Within 30 days from the failure of the
filed only in the particular court accused to appear in person as required,
where the case is pending, the bondsmen must:
whether for preliminary A. PRODUCE the body of their
investigation, trial or appeal. principal or give the reason for
4. Any person in custody who is not his non-production; AND
yet charged in court may apply B. EXPLAIN why the accused did not
for bail with any court in the appear before the court when
province, city or municipality first required to do so.
where he is held.
The 30-day period granted to the
Section 18. Notice of application to bondsmen to comply with the two
prosecutor. requisites for the lifting of the order of
Such notice is necessary because the forfeiture cannot be shortened by the
burden of proving that the evidence of court but may be extended for good
guilt is strong is on the prosecution and cause shown.
that the discretion of the court in .
admitting the accused to bail can only ORDER OF FORFEITURE VS. ORDER OF
be exercised after the fiscal has been CONFISCATION
heard regarding the nature of the 1. an ORDER OF FORFEITURE is
evidence in his possession. (People vs. conditional and interlocutory,
Raba, 130 Phil. 384) there being something more to
be done such as the production
Section 19. Release on bail. of the accused within 30 days as
provided by the rules an order of
Once the accused has been admitted to forfeiture is not appealable
bail, h is entitled to immediate release 2. an ORDER OF CONFISCATION is
from custody. An officer who fails or not independent of the order of
refuses to release him from detention the order of forfeiture. It is a
notwithstanding the approval by the judgment ultimately determining
proper court of his bailbond, may be the liability of the surety
held liable under Article 126 of the thereunder, and therefore final
Revised Penal Code for delaying release. and execution may issue at once.
An accused released on bail may be re- Section 26. Bail not a bar to objection
arrested without a warrant if he on illegal arrest, lack of or irregular
attempts to depart from the Philippines preliminary investigation.
without prior permission of the court
where the case is pending. AN APPLICATION FOR OR ADMISSION TO
BAIL SHALL NOT BAR THE ACCUSED
Section 24. No bail after final a. from challenging the validity of
judgment; exception. his arrest OR
b. legality of the warrant issued
GENERAL RULE: The finality of the therefore, OR
judgment terminates the criminal c. from assailing the regularity or
proceeding. Bail becomes of no avail. questioning the absence of
The judgment contemplated is a preliminary investigation of the
judgment of conviction. The judgment is charge against him, PROVIDED,
final if the accused does not appeal the he raises them before entering
conviction. his plea.
The duty of the court to appoint a RIGHT OF THE ACCUSED AGAINST SELF-
counsel de oficio when the accused has INCRIMINATION VS. RIGHT OF THAT OF
no legal counsel of choice and desires to AN ORDINARY WITNESS
employ the services of one is The ordinary witness may be compelled
MANDATORY only at the time of to take the witness stand and claim the
arraignment. (Sec. 6 Rule 116) privilege as each question requiring an
incriminating answer is shot at him, an
E. TO TESTIFY AS WITNESS IN HIS OWN accused may altogether refuse to take
BEHALF the witness stand and refuse to answer
A denial of the defendant’s right to any and all questions.
testify in his behalf would constitute an
unjustifiable violation of his G. RIGHT TO CONFRONT AND CROSS-
constitutional right. (People vs. EXAMINE THE WITNESSES AGAINST HIM
Santiago, 46 Phil. 734) AT TRIAL
where death penalty is imposed, such 1. for 180 days for the first 12
right cannot be waived as the review of calendar month period from the
the judgment by the COURT OF APPEALS effectivity of the law;
is automatic and mandatory (A.M. NO. 2. 120 days for the second 12
00-5-03-SC). month period; and
3. 80 days for the third 12 month
period.
THE SPEEDY TRIAL ACT OF 1998
(RA 8493)
RULE 116
DUTY OF THE COURT AFTER ARRAIGNMENT AND PLEA
ARRAIGNMENT OF AN ACCUSED
Court SHALL order a pre-trial conference Section 1. Arraignment and plea; how
to consider the following: made.
1. plea bargaining;
2. stipulation of facts; Arraignment – the formal mode of
3. marking for identification of implementing the constitutional right of
evidence of parties; the accused to be informed of the
4. waiver of objections to nature of the accusation against him.
admissibility of evidence; and
5. such other matter as will WHERE AND HOW MADE:
promote a fair and expeditious 1. Before the court where the
trial; complaint or information has
been filed or assigned for trial;
TIME LIMIT FOR THE TRIAL OF CRIMINAL 2. in open court, by the judge or
CASES: SHALL NOT EXCEED 180 days clerk by furnishing the accused a
from the first day of trial, HOWEVER, copy of the complaint or
this rule is NOT ABSOLUTE, for the law information with the list of the
provides for the following EXCEPTIONS: witnesses, reading it in a
1. those governed by the Rules on language or dialect known to him
Summary Procedure; or and asking him of his plea;
2. where the penalty prescribed by
law DOES NOT EXCEED 6 months RULES:
imprisonment or a fine of P1,000 1. Trial in absentia is allowed only
or both; AFTER arraignment;
3. those authorized by the Chief 2. Judgment is generally void if the
Justice of the SC; accused has not been arraigned;
3. There can be no arraignment in
PERIOD FOR ARRAIGNMENT OF THE absentia (accused must
ACCUSED personally enter his plea);
Within 30 days from the filing of the 4. if the accused went to trial
information, or from the date the without arraignment, but his
accused appealed before the counsel had the opportunity to
justice/judge/court in which the charge cross-examine the witness of the
is pending, whichever date last occurs. prosecution and after the
prosecution he was arraigned the
defect was cured;
Just in civil cases, the bill of particulars GENERAL RULE: The accused may move
here should be considered an integral to quash the complaint or information at
part of the complaint or information any time BEFORE entering his plea.
which it supplements. EXCEPTION - Instances where a motion
The remedy against an indictment to quash may be filed AFTER plea:
that fails to allege the time of 1. failure to charge an offense
commission of the offense with 2. lack of jurisdiction over the
sufficient definiteness is a motion offense charged
for a bill of particulars, not a 3. extinction of the offense or
motion to quash. penalty
4. the defendant has been in
The failure to ask for Bill of Particulars former jeopardy.
amounts to a waiver of such right.
Motion to Quash Demurrer to
Section 10. Production or inspection of Evidence
material evidence in possession of filed before the filed after the
prosecution. defendant enters his prosecution has
plea rested its case
Section 11. Suspension of arraignment Does not go into the based upon the
merits of the case inadequacy of the
GROUNDS FOR SUSPENSION but is anchored on evidence adduced by
1. the accused appears to be matters not directly the prosecution in
suffering from an unsound related to the support of the
mental condition which question of guilt or accusation
effectively renders him unable innocence of the
to fully understand the charge accused
against him and to plead Governed by Rule governed by Rule 119
intelligently thereto; 117 of the Rules of of the Rules of
2. there exists a valid prejudicial Criminal Procedure Criminal Procedure
question; and
3. a petition for review of the
resolution of the prosecutor is Section 2. Form and contents.
pending at the Department of
Justice or the Office of the FORM AND CONTENTS OF A MOTION TO
President; provided that the QUASH
period of suspension shall not 1. in writing
exceed 60 days counted from the 2. signed by the accused or his
filing of the petition. counsel
3. shall specify distinctly the
factual and legal grounds
RULE 117 therefor.
MOTION TO QUASH
The court shall consider no grounds
Section 1. Time to move to quash. other than those stated in the motion,
EXCEPT lack of jurisdiction over the
Motion to Quash - this presupposes that offense charged and when the
the accused hypothetically admits the information does not charge an offense.
c) that the accused has been Section 6. Order sustaining the motion
previously convicted or to quash not a bar to another
acquitted of the offense prosecution.
charged,
the court must state, in its order A motion SUSTAINING the motion to
granting the motion, the release quash is NOT a bar to another
of the accused if he is in custody prosecution for the same offense
or the cancellation of his bond if UNLESS:
he is on bail. 1. the motion was based on the
ground that the criminal action
3. If the ground upon which the or liability has been
motion to quash was sustained is extinguished, AND
that the court has NO 2. that the accused has been
jurisdiction over the offense, the previously convicted or in
better practice is for the court jeopardy of being convicted or
to remand or forward the case to acquitted of the offense
the proper court, not to quash charged.
the complaint or information.
Section 7. Former conviction or
The prosecution may elevate to the acquittal; double jeopardy.
Higher Courts an order granting a motion
to quash. Double Jeopardy means that when a
person is charged with an offense and
PROCEDURE IF MOTION TO QUASH IS the case is terminated either by
DENIED acquittal or conviction or in any other
1. accused should plead; manner without the consent of the
2. accused should go to trial accused, the latter cannot again be
without prejudice to the special charged with the same or identical
defenses he invoked in the offense.
motion;
3. appeal from the judgment of REQUISITES FOR DOUBLE JEOPARDY
conviction, if any, and interpose UNDER SECTION 7
the denial of the motion as an It is necessary that in the first case that-
error. 1. the complaint or information or
other formal charge was
An order denying a motion to quash is sufficient in form and substance
INTERLOCUTORY and NOT APPEALABLE. to sustain a conviction;
Appeal in due time, as the proper 2. the court had jurisdiction;
remedy, implies a previous conviction as 3. the accused had been arraigned
a result of a trial on the merits of the and had pleaded; and
case and does not apply to an 4. he was convicted or acquitted or
interlocutory order denying a motion to the case was dismissed without
quash. his express consent;
When all these circumstances are
The denial by the trial court of a motion present, they constitute a BAR to a
to quash CANNOT be the subject of a second prosecution for –
petition for certiorari, prohibition or 1. the same offense, or
mandamus in another court of 2. an attempt to commit the said
coordinate rank. offense, or
The court may impose proper sanctions Section 2. Continuous trial until
and penalties for non-appearance at pre- terminated; postponements.
trial conference by the counsel for the
accused or the prosecutor without CONTINUOUS TRIAL SYSTEM
acceptable excuse. Trial once commenced shall continue
from day to day as far as practicable
The sanctions or penalty may be in the until terminated; but it may be
form of reprimand, fine or postponed for a reasonable period of
imprisonment. Inasmuch as this is similar time for good cause.
to indirect contempt of court, the
penalty for indirect contempt may be LIMITATION OF THE TRIAL PERIOD
imposed. It shall in no case exceed 180 days from
the first day of the trial, except as
PURPOSE otherwise provided by the Supreme
To enforce the mandatory requirement Court.
of pre-trial in criminal cases.
Requisites before a trial can be put-off
The accused is not the one compelled to on account of the absence of a witness:
appear, but only the counsel for the 1. that the witness is material and
accused or the prosecutor. The principal appears to the court to be so
reason why accused is not included in 2. that the party who applies has
the mandatory appearance is the fear been guilty of no neglect
that to include him is to violate his 3. that the witnesses can be had at
constitutional right to remain silent. the time to which the trial is
deferred and incidentally that no
Section 4. Pre-trial order. similar evidence could be
obtained
After the pre-trial, the court issues an 4. that an affidavit showing the
order reciting actions taken, facts existence of the above
stipulated and evidence marked, and circumstances must be filed.
thereafter the trial on the merits will
proceed on matters not disposed of Remedies of accused where a
during the pre-trial. prosecuting officer without good cause
secures postponements of the trial of a
To prevent manifest injustice, however, defendant against his protest beyond a
the pre-trial order may be modified by reasonable period of time:
the court, upon its own initiative or at 1. mandamus to compel a dismissal
the instance of any party. of the information
2. if he is restrained of his liberty,
by habeas corpus to obtain his
RULE 119 freedom.
TRIAL
The SC adopted the continuous trial
Section 1. Time to prepare for trial. system as a mode of judicial fact-finding
and adjudication conducted with speed
Trial - the examination before a and dispatch so that trials are held on
competent tribunal according to the the scheduled dates without
laws of the land, of the facts put in issue postponement, the factual issues for
in a case for the purpose of determining trial well-defined at pre-trial and the
such issue. whole proceedings terminated and ready
for judgment within 90 days from the
Where the order of the trial set forth court may commit him to prison until he
under this section was not followed by complies or is legally discharged after his
the court to the extent of denying the testimony has been taken.
prosecution an opportunity to present its
evidence, the judgment is a nullity. Section 15. Examination of witness for
(People vs. Balisacan) the prosecution.
The arrest rule allows the accused in a Section 2. Contents of the judgment.
criminal case to present evidence even
after a motion to dismiss PROVIDED the Judgment must be
demurrer was made with the express 1. in writing;
consent of the court. 2. in the official language,
3. personally and directly prepared
The filing of the motion to dismiss and signed by the judge,
WITHOUT leave of court results in the 4. with a concise statement of the
submission of the case for decision on fact and the law on which it is
the basis of the evidence on record and based.
does not lie from such order denying the
motion to dismiss. REMEDY IF JUDGMENT IS NOT PUT IN
WRITING: file a petition for mandamus
If said motion to dismiss is sustained, to compel the judge to put in writing the
such dismissal being on the merits is decision of the court.
equivalent to an acquittal, hence the
prosecution cannot appeal as it would If the judgment is one of CONVICTION,
place the accused in double jeopardy. judgment must state:
1. Legal ratification of the offense
An order denying a demurrer to evidence constituted by the admissions of
being interlocutory is NOT APPEALABLE. the accused and the aggravating
and mitigating circumstances
Section 24. Reopening. attending its commission
2. Participation of the accused,
At any time BEFORE finality of the whether as principal, accomplice
judgment of conviction, the judge may, or accessory
motu propio or upon motion, with 3. Penalty imposed upon the
hearing in either case, reopen the accused
proceedings to avoid miscarriage of 4. Civil liability or damages caused
justice. The proceedings shall be by the wrongful act, unless
terminated within 30 days from the separate civil action has been
order granting it. reserved or waived
that the evidence fails to show beyond or ingredients of the offense charged
reasonable doubt that the accused is constitute the offense proved, or when
guilty. the essential elements or ingredients of
the offense charged constitute or form
It is well-settled that acquittal, in a part of those constituting the offense
criminal case is immediately final and proved, then one offense is included in
executory upon its promulgation, and the other.
that accordingly, the State may not seek
its review without placing the accused in Section 6. Promulgation of judgment.
double jeopardy. (Barbers vs. Laguio,
Jr., 351 SCRA 606) Promulgation of judgment - official
proclamation or announcement of
An acquittal of an accused based on judgment. It consists of reading the
reasonable doubt DOES NOT bar the judgment or sentence in the presence of
offended party from filing a separate the accused and any judge of the court
civil action based on other sources of rendering the judgment.
obligation.
RULES ON THE VALIDITY OF
Section 3. Judgment for two or more PROMULGATION OF JUDGMENT:
offenses. 1. The judgment must have been
rendered and promulgated
When two or more offenses charged in during the incumbency of the
the complaint or information, and the judge who signed it.
accused fails to object to it before trial, 2. The presence of counsel during
the court may convict the accused of as the promulgation of judgment is
many offenses as charged and proved. not necessary.
Mittimus - A process issued by the court Once the appeal is perfected, the trial
after conviction to carry out the final court steps out of the case and the
judgment, such as commanding a prison appellate court steps in. Should it come
warden to hold the accused in to pass then that during the pendency of
accordance with the terms of the the appeal, new and material evidence,
judgment. for example, have been discovered, the
accused may file a motion for new trial
Section 9. Existing provisions governing with the appellate court.
suspension of sentence, probation and
parole not affected by this Rule. Cases when the trial court lose
jurisdiction over its sentence even
before the lapse of 15 days:
Section 2. Grounds for new trial. The principle underlying this rule is to
afford the trial court the opportunity to
GROUNDS FOR A NEW TRIAL IN correct its own mistakes and to avoid
CRIMINAL CASES: unnecessary appeals from being taken.
1. errors of law or irregularities The grant by the court of
committed during the trial reconsideration should require no further
prejudicial to the substantial proceedings, such as the taking of
rights of the accused. additional proof.
2. new and material evidence
discovered. Section 4. Form of motion and notice
to the prosecutor.
REQUISITES BEFORE A NEW TRIAL MAY
BE GRANTED ON THE GROUND OF Requisites for a motion for new trial or
NEWLY DISCOVERED EVIDENCE: reconsideration: The motion for a new
1. that the evidence was trial or reconsideration shall be:
discovered after trial; 1. in writing
2. that such evidence could not 2. filed with the court
have been discovered and 3. State grounds on which it is
produced at the trial even with based
the exercise of reasonable 4. If the motion for new trial is
diligence; based on a newly discovered
3. that it is material not merely evidence, it must be supported
cumulative, corroborative or by the affidavits of the witness
impeaching; and by whom such evidence is
4. the evidence is of such a weight expected to be given, or duly
that it would probably change authenticated copies of
the judgment if admitted. documents which it is proposed
to introduce in evidence.
5. Notice of the motion for new 3. In all cases, when the court grants
trial or reconsideration shall be new trial or reconsideration, the
given to the fiscal. original judgment shall be set aside
and a new judgment rendered
While the rule requires that an affidavit accordingly.
of merits be attached to support a
motion for new trial based on newly The effect of the granting of a new trial
discovered evidence, yet the defect of is not to acquit the accused of the crime
lack of it may be cured by testimony of which the judgment finds him guilty,
under oath of the defendant at the but precisely to set aside said judgment
hearing of the motion. (Paredes vs. so that the case may be tried de novo as
Borja, 3 SCRA 495) if no trial had been before.
Section 6. Effects of granting a new Any party may appeal from a judgment
trial or reconsideration. or final order, UNLESS the accused will
be placed in double jeopardy.
EFFECTS OF GRANTING A NEW TRIAL
OR RECONSIDERATION Appeal - a proceeding for review by
1. when a new trial is granted on the which the whole case is transferred to
ground of errors of law or the higher court for a final
irregularities committed during the determination
trial, all proceedings and evidence
not affected by the commission of Appeal is not an inherent right of
such errors and irregularities shall convicted person. The right of appeal is
stand, BUT those affected thereby and always has been statutory.
shall be set aside and taken anew.
The court may, in the interest of Only final judgments and orders are
justice, allow the introduction of appealable.
additional evidence.
2. When a new trial is granted on the EFFECT OF AN APPEAL
ground of newly discovered An appeal in a criminal case opens the
evidence, the evidence already whole case for review and this includes
taken shall stand, and the newly the review of the penalty, indemnity,
discovered and such other evidence and the damages involved.
as the court may, in the interest of Consequently, on appeal, the appellate
justice, allow to be introduced, shall court may increase the penalty,
be taken and considered together indemnity, or the damages awarded by
with the evidence already in the the trial court, although the offended
record. party had not appealed from said award,
and the party who sought a review of the 2. Appeal to the Court of Appeals
decision was the accused. from decision of the Regional
Trial Court in the exercise of its
Final judgment Final Order original jurisdiction: by filing a
a judgment which disposes of the whole notice of appeal with the court
would become final subject matter or which rendered the judgment or
if no appeal is taken terminates a order appealed from and serving
particular issue a copy to the adverse party
leaving nothing to be 3. Appeal to the Court of Appeals in
done but to enforce cases decided by Regional Trial
by execution what Court in the exercise of its
has been determined appellate jurisdiction: by
petition for review
From a judgment convicting the 4. Appeal to the Court of Appeals in
accused, two appeals may accordingly be cases where penalty imposed is
taken: life imprisonment or where a
1. The accused may seek a review lesser penalty is imposed but
of said judgment, as regards involving offenses committed on
both actions; or the same occasion or arising out
2. The complainant may appeal of the same occurrence that
with respect only to the civil gave rise to the more serious
action, either because the lower offense for which the penalty of
court has refused or failed to death or life imprisonment is
award damages, or because the imposed: by filing a notice of
award made is unsatisfactory to appeal with the Court of
him. Appeals.
5. Death penalty: automatic review
GENERAL RULE: A private prosecutor in by the Court of Appeals. (A.M.
a criminal case has NO authority to act No. 00-5-03-SC, October 15,
for the People of the Philippines before 2004)
a court on appeal. It is the government’s 6. Other appeals to the Supreme
counsel, the Solicitor General, who Court: by petition for review on
appears in criminal cases or their certiorari.
incidents before the Supreme Court. At
the very least, the Provincial Fiscal Error of Judgment Error of
himself, with the conformity of the Jurisdiction
Solicitor General. the court may renders an order of
EXCEPTION: The civil award in a commit in the judgment void or
criminal case may be appealed by the exercise of voidable
private prosecutor on behalf of the jurisdiction
offended party or his successors. reviewable by appeal reviewable by
certiorari
Section 2. Where to appeal.
Modes of review
Section 3. How appeal taken. The Rules of Court recognize 4 modes by
which the decision or final order of the
HOW APPEAL IS TAKEN court may be reviewed by a higher
1. Appeal to the Regional Trial tribunal, viz.:
Court: by filing a notice of 1. ordinary appeal
appeal with the court that 2. petition for review
rendered the judgment or order 3. petition for review on certiorari
appealed from and serving a 4. automatic appeal
copy to the adverse party
Section 8. Dismissal of appeal for If the Court of Appeals chose not to hear
abandonment or failure to prosecute. the case, the Justices composing the
division may just deliberate on the case,
GROUNDS FOR DISMISSAL OF APPEALS evaluate the recorded evidence on hand
1. Failure on the part of the and then decide it.
appellant to file brief within the
reglementary period, except Section 10. Judgment not to be
when he is represented by a reversed or modified except for
counsel de oficio; substantial error.
2. Escape of the appellant from
prison or confinement; GENERAL RULE:
3. When the appellant jumps bail; The findings of the judge who tried the
and case and heard the witnesses are not
4. Flight of the appellant to a disturbed on appeal.
foreign country during the EXCEPTION:
pendency of the appeal. When it is shown that the trial court has
overlooked certain facts of substance
DISMISSAL OF APPEAL; NEED OF NOTICE and value that, if considered, might
TO APPELLANT affect the result of the case. (People vs.
The Court of Appeals may dismiss motu Cabiling, 74 SCRA 285)
propio or on motion by appellee an
appeal for failure on the part of the The reversal of judgments entered in the
appellant to file his brief on time, BUT it court below is prohibited, EXCEPT for
must have a notice served upon the prejudicial error – that which tends to
appellant of the action to be taken by prejudice a substantial right of a party
said court before dismissing motu propio to the proceedings.
the appeal.
Section 11. Scope of Judgment.
Effect of Escape of Accused; The appeal confers upon the appellate
Abandonment of Appeals court full jurisdiction and renders it
1. If the convict escapes from competent to examine the records,
prison or confinement or refuses revise the judgment appealed from,
to surrender to the proper increase the penalty and cite the proper
authorities, jumps bail or flees provision of the law.
to a foreign country he is
deemed to have abandoned his An invocation of the constitutional
appeal AND the judgment of the immunity from double jeopardy will not
court below becomes final. lie in case of appeal by the accused. The
2. In that case, the accused cannot reason being that when the accused
be afforded the right to appeal appeals from the sentence of the trial
UNLESS (a) he voluntarily court, he waives the constitutional
submits to the jurisdiction of the safeguard against double jeopardy and
court or (b) is otherwise arrested throws the whole case open to the
within 15 days from notice of the review of the appellate court.
judgment against him.
Section 12. Power to receive evidence.
Section 9. Prompt disposition of cases.
PURPOSE
It is discretionary for the appellate court To speed up the disposition of court
whether to order a hearing of the case cases.
before it or decide the appeal solely on
the evidence submitted to the trial
court.
Section 13. Quorum of the court; New questions CANNOT be presented for
certtification or appeal of case to the the first time on a motion for rehearing,
SC. especially where they are inconsistent
with positions taken on the original
a. Whenever the Court of hearing, or waived on the original
Appeals finds that the submission of the case.
penalty of death should be
imposed, the court shall A second motion for rehearing or
render judgment bur reconsideration of a final judgment or
REFRAIN from making an order is NOT allowed because if parties
entry of judgment and are allowed to file as many motions for
forthwith certify the case rehearing or reconsideration as their
and elevate its entire record discretion or caprice suits, the
to the SC for review. proceedings would become
b. In cases where the Court of undeterminable and unnecessarily
Appeals imposes reclusion voluminous.
perpetua, life imprisonment
or a lesser penalty, it shall The MITTIMUS is the final process of
render and enter judgment carrying into effect the decision of the
imposing such penalty. The appellate court and the transmittal
judgment may be appealed thereof to the court of origin is
to the SC by notice of appeal predicated upon the finality of the
filed with the Court of judgment. It shall be stayed during the
Appeals. (A.M. No. 00-5-03- pendency of the motion for rehearing or
SC, Oct. 15, 2004) reconsideration.
Section 14. Motion for new trial. A motion for reconsideration of its
judgment or final resolution shall be
Motion for new trial based on Newly resolved by the Court of Appeals within
Discovered Evidence may be filed at any 90 days from the time it is submitted for
time AFTER the appeal from the lower resolution, and no 2nd motion for
court has been perfected AND BEFORE reconsideration for the same party shall
the judgment of the appellate court be entertained.
convicting the accused becomes final.
The only-one-motion-for-reconsideration
Once an appeal is perfected, the trial rule does not apply where the first
court steps out and the appellate court motion for reconsideration resulted in a
steps in. A motion for new trial must reversal or substantial modification of
then be filed with the appellate court, the original decision or final resolution.
not with the court from whose judgment The party adversely affected thereby
the appeal is taken. may file a motion for reconsideration.
The copy of the entry serves as the Cases involving both questions of law
formal notice to the court from which and fact come within the jurisdiction of
the appeal was taken of the disposition the Court of Appeals.
of the case in the appellate court, so
that the judgment may be executed Appeal to the SC is NOT A MATTER OF
and/or placed or noted in the proper RIGHT, but a matter of sound judicial
file. discretion. The prescribed mode of
appeal is by certiorari.
Sec. 18. Application of certain rules in
civil to criminal cases. Section 2. Review of decisions of the
Court of Appeals.
The corresponding amendment was
made pursuant to the changes GENERAL RULE: Findings of fact in the
introduced under the 1997 Rules of CA is conclusive upon the SC
Procedure. EXCEPTIONS:
1. when the conclusion is a finding
Rule 47 (Annulment of Judgments of grounded entirely on
Final Judgment and Resolutions) DOES speculation, surmises or
NOT APPLY TO CRIMINAL CASES. The conjectures
appropriate remedy for lack of 2. when the inference made is
jurisdiction or extrinsic fraud is manifestly absurd, mistaken or
CERTIORARI (Rule 65) or HABEAS impossible
CORPUS (Rule 102). 3. when there is grave abuse of
discretion in the appreciation of
facts
RULE 125 4. when the judgment is
PROCEDURE IN THE SUPREME COURT premised on a misapprehension
of facts
Section 1. Uniform Procedure. 5. when the findings of fact are
The procedure in the Supreme Court in conflicting
original, as well as in appealed cases, is 6. when the Court of Appeals in
the same as in the Court of appeals, making its findings went beyond
EXCEPT when otherwise provided by the the issues of the case and the
Constitution or the law. same is contrary to the
admissions of both appellant and
A case may reach the Supreme Court in appellee
the following manner: 7. when certain material facts
1. automatic review and circumstances had been
2. ordinary appeal overlooked which, if taken into
3. petitioner for review on account would after the result as
certiorari it would give rise to reasonable
doubt to acquit the accused.
7. it must not have been issued proceeding (Section 2, Article III, 1987
more than 10 days prior to the Constitution).
search made pursuant thereto.
When may a search warrant be said to
A search warrant shall not issue but upon particularly describe the thing to be
probable cause in connection with one seized:
specific offense. 1. the description therein is as
specific as the circumstances
Party who may question validity of will allow;
search and seizure: 2. when it expresses a conclusion of
Well settled is the rule that the legality fact by which the warrant may
of a seizure can be contested only by the be guided; or
party whose rights have been impaired 3. when the things described are
thereby, and that the objection to an limited to those which bear a
unlawful search and seizure is purely direct relation to the offense for
personal and cannot be availed of by which the warrant is issued.
third parties.
PROBABLE CAUSE - facts and
REMEDIES FROM AN UNLAWFUL SEARCH circumstances which could lead a
1. a motion to quash the search reasonable, discreet and prudent man to
warrant, and believe that the property subject of an
2. a motion to suppress as evidence offense is in the place sought to be
the objects illegally taken. searched.
(EXCLUSIONARY RULE – any
evidence obtained through ”MULTI FACTOR BALANCING TEST” in
unreasonable searches and determining Probable Cause:
seizures shall be inadmissible for One which requires the officer to weigh
any purpose in any proceeding) the manner and intensity of the
3. Replevin, if the objects are interference on the right of the people,
legally possessed. the gravity of the crime committed, and
the circumstances attending the
The remedies are alternative; if a incident.
motion to quash is denied, a motion to
suppress cannot be availed of Section 5. Examination of complainant;
subsequently. record.
Where the search warrant is a PATENT Manner on how a judge should examine a
NULLITY, certiorari lies to nullify the witness to determine the existence of
same. probable cause:
The illegality of the search warrant does 1. the judge must examine the
not call for the return of the things witnesses personally
seized, the possession of which is 2. the examination must be under
prohibited by law. HOWEVER, those oath
personalities seized in violation of the 3. the examination must be
constitutional immunity whose reduced to writing in the form of
possession is not of itself illegal or searching questions and answers
unlawful ought to be returned to their
rightful owner or possessor. Such personal examination is necessary
in order to enable the judge to
Any evidence obtained in violation of the determine the existence or non-
constitutional immunity against existence of a probable cause.
unreasonable searches and seizures are
inadmissible for any purpose in any
Where the civil action arising from a Attachment may be availed of ONLY
criminal offense is suspended by the when the civil action arising from the
filing of the criminal action, the court crime has not been expressly waived or
wherein said civil case is pending can not reserved and only in the following
issue the aforesaid auxiliary writs since cases:
such orders do not involve a a. when the accused is about to
determination of the merits of the case. abscond from the Philippines;
(Babala vs. Abaño, 90 Phil. 827) b. when the criminal action is based on
a claim for money or property
Kinds of provisional remedies embezzled or fraudulently
1. attachment misapplied or converted to the use
2. injunction of the accused who is a public
3. receivers officer or a corporate officer or an
4. delivery of personal property attorney, broker, or agent or clerk in
5. support pendente lite the course of employment or by a
person in a fiduciary capacity;
Section 2. Attachment c. when the accused has concealed,
removed or about to dispose of his
Who may apply for preliminary property;
attachment d. when the accused resides abroad.
-VERSUS-
CRIM. CASE NO. ___________
INFORMATION2
That on or about December 5, 2004 4, in Batute, Manila5, Philippines, within the jurisdiction
of this court, the said accused did, then and there, with malice aforethought and with
deliberate intent to take the life of RENEE JOI ZABALA 6, willfully, unlawfully, feloniously,
suddenly, unexpectedly, and treacherously attack the latter with a metal fork, first
wounding her in the back, and afterwards, when enfeebled and unable to defend herself,
again stabbed her in the neck, both wounds being necessarily mortal 7, thereby causing the
direct and immediate death of said RENEE JOI ZABALA.
CONTRARY TO LAW.
(City/Provincial Fiscal)8