Rule 119-TRIAL Trial defined as the examination before a competent tribunal of the facts put in issue for

the purpose of determining such issue. Time to prepare for trial After entering a not guilty plea, the
accused has at least fifteen (15) days to prepare for the trial. The trial must begin within thirty (30) days
of the pre-trial order being received.

Once a trial has begun, it must be continued as much as possible from day to day until it is completed. 2.
For good reason, it may be postponed for a fair amount of time. 3. Except as specifically ordered by the
Supreme Court, the whole trial duration should not exceed one hundred eighty (180) days from the first
day of trial.

Then after that Trial courts must provide their judgment within 90 days of the cases being presented for
decision or settlement.

 then If the accused is not brought to trial within the time limit, the information may be dismissed on the
accused's motion because his right to a timely trial has been violated. 2. The accused's failure to petition
for dismissal before trial constitutes a waiver of his or her right to dismiss 

In trial we defined Witness- as a person who gives testimonial evidence before the court/ judicial
tribunal

In Trial there is called ABSENT WITNESS and UNAVAILABLE WITNESS

When a witness' whereabouts are unknown or cannot be located with due diligence, he is considered
absent.

When a witness' whereabouts are known but his appearance for trial cannot be acquired with
reasonable diligence, he is unavailable.

When the TRIAL OF have SEVERAL ACCUSED So When two or more people are charged with the same
crime, they must be tried together unless the court, in its discretion and on the prosecutor's or any
accused's request, authorizes a separate trial for one or more of them.

STATE WITNESS- Some of them were “particeps criminis” meaning participants in the crime.

STATE WITNESS is When there are several persons who are allegedly involved in and prosecuted in a
certain crime, and one or more would like to be discharged as a state witness but with the court
imposed condition like

(A)The testimony of the accused whose release is sought is absolutely necessary;

(b) Other than the accused's testimony, there is no other direct evidence available for the appropriate
prosecution of the offense committed;

(c) The accused's evidence on material areas can be substantially corroborated;

(d) Said defendant does not appear to be the most culpable; and

(e) Said defendant has never been convicted of a crime involving moral turpitude.
So in appointing prosecutor When a prosecutor, his assistant, or deputy prosecutor is disqualified to
function for any of the reasons listed in section 1 of Rule 137 (disqualification) or for any other reason
(inhibition), the court or prosecutor must notify the Secretary of Justice, who will designate an acting
prosecutor.

During trial there is possible of EXCLUSION OF PUBLIC IN COURTROOM If the evidence to be presented
during the trial is offensive to decency or public morals, the judge may exclude the public from the
courtroom motu proprio. On the accused's motion, he may also exclude the public from the trial, with
the exception of court employees and the parties' attorneys

RULE 120 JUDGEMENT

After the trial the judge should give the judgement but first lets defined Judgment is the adjudication by
the court that the accused is either guilty or not guilty of the offense as charged and the imposition of
criminal and civil liabilities if applicable.It must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly and distinctly a statement of the facts
and the law upon which it is based

CONTENTS OF JUDGMENT

If the judgment is of conviction, it shall state:

(1) the legal qualification of the offense constituted by the acts committed by the accused and the
aggravating or mitigating circumstances which attended its commission;

(2) the participation of the accused in the offense, whether as principal, accomplice, or accessory after
the fact;

(3) the penalty imposed upon the accused; and

(4) the civil liability or damages caused by his wrongful act or omission to be recovered from the
accused by the offended party, if there is any.

In case the judgment is of acquittal, it shall state whether the evidence of the prosecution absolutely
failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt

So after having the judgement next is PROMULGATION OF JUDGMENT which defined It is the reading
of the decision of the court in criminal cases in the presence of the accused.

The judgment is promulgated by reading it in the presence of the accused and any judge of the court
in which it was rendered. However, if the conviction is for a light offense, the judgment may be
pronounced in the presence of his counsel or representative. When the judge is absent or outside the
province or city, the judgment may be promulgated by the clerk of court.

RULE 121 NEW TRIAL OR RECONSIDERATION WHERE IN FOCUS ON IF THE JUDGEMENT IS GIVEN BUT
YOU WANT TO HAVE NEW TRIAL BECAUSE OF NEW FOUND EVIDENCE OR WITNESS WHILE IN MOTION
TO RECONSIDERATION BEACUASE OF -modification OR errors of law.

RULE 122 APPEAL

Appeal, defined- a proceeding for review by which the whole case is transferred to a higher court for
final determination. It must be file within 15 days from promulgation of judgment or from notice of
the final order appealed from.

WHERE TO APPEAL

The appeal may be taken as follows:

(a) To the Regional Trial Court, in cases decided by the Metropolitan Trial Court, Municipal Trial Court
in Cities, Municipal Trial Court, or Municipal Circuit Trial Court;

(b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in cases
decided by the Regional Trial Court; and

(c) To the Supreme Court, in cases decided by the Court of Appeals

If personal service of the copy of the notice of appeal can not be made upon the adverse party or his
counsel, service may be done by registered mail or by substituted service

• Registered Mail – done by depositing letter in post office in sealed envelope with registry return
card.

• Substituted Service – If the opposing counsel and party’s address are not known then file the
letter/ pleading to the clerk of court

124 PROCEDURE IN THE COURT OF APPEALS

In all criminal cases appealed to the Court of Appeals, the party appealing the case is referred to as the
"appellant," and the opposing party is referred to as the "appellee," but the case's title remains the
same as it was in the original court.

In APPELLANT’S BRIEF The appellant or his counsel must file seven (7) copies of his brief with the clerk
of court within thirty (30) days of receiving notice from the clerk of court of the Court of Appeals that
the evidence, oral and documentary, is already attached to the record. This must be accompanied by
proof of service of two (2) copies of the brief upon the appellee.

FORM OF BRIEFS

Briefs shall either be printed, encoded or typewritten in double space on the legal size good quality
unglazed paper, 330 mm. in length by 216 mm. in width

No judgment shall be reversed or amended unless the Court of Appeals finds, after reviewing the
record and the information presented by the parties, that an error was made that adversely affected
the appellant's substantial rights.

The Court of Appeals has the power to reverse, confirm, or amend the decision, as well as to enhance
or decrease the punishment imposed by the trial court, return the matter to the Regional Trial Court
for a new trial or retrial, or dismiss the case.
The Court of Appeals will be able to try cases, hold hearings, and hear evidence. Unless the Chief
Justice grants an extension, the trial in California must be finished within three months.

RULE 125 PROCEDURE IN SUPREME COURT

When the Supreme Court en banc is evenly divided in opinion or cannot reach the required majority
on whether to acquit the appellant, the case is re-deliberated, and if no decision is reached after the
re-deliberation, the lower court's judgment of conviction is reversed and the accused is acquitted.

RULE 126 SEARCH AND SEIZURE

SEARCH WARRANT DEFINED- A search warrant is an order in writing issued in the name of the
People of the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court

PROPERTY THAT MAY BE SEIZED

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense

BREAK IN- After providing notice of his intention and authority, the officer may break open any exterior
or inner door or window of a home, or any section of a house, or anything within, to execute the
warrant and free himself or any person lawfully assisting him who is wrongfully confined therein.

WITNESSES IN SEARCH No search of a house, room, or any other premises shall be made except in the
presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality

Criminal procedure- the method prescribed by law for the apprehension and prosecution of persons
accused of any criminal offense and for their punishment in case of conviction

JURISDICTION

• it is the power given by the law to a court or tribunal to hear, and determine controversies.

• It is the authority of a court to hear and determine a cause

• CRIMINAL JURISDICTION- the power of a tribunal to hear and try an offense and impose the
appropriate punishment.

• Metropolitan Trial Courts, Municipal trial Courts and Municipal Circuit Courts:

• Regional Trial Courts

• FAMILY COURTS

• COURT OF APPEALS

• SANDIGANBAYAN

• SUPREME COURT