RULE 116.
ARRAIGNMENT AND PLEA Note: prohibited when no civil case has yet been
What is arraignment?
Formal mode and manner of implementing the
constitutional right of an accused to be informed of
the nature and cause of the accusation against him.
Whats is its purpose?
Apprise the accused why he is being prosecuted by
the State.
Note: indispensable requirement of due process.
Cannot be regarded lightly or brushed aside
peremptorily. Indispensable in bringing the accused
to court ad in notifying him of the nature and cause of
the accusations against him.
Procedural due process requires that the accused be
arraigned so that he may be informed of the reason
for his indictment, the specific charges he is bound to
face, and the corresponding penalty that could be
possible meted against him.
What is the effect of the absence of arraignment?
Nullify the proceedings before the trial court. If the
accused has not been arraigned, he cannot be tried
in absentia.
What are the duties of the court before arraignment?
A. Informed the accused of his right to counsel;
B. Ask him if he desires to have one; and
C. Must assign a counsel de oficio to defend him
unless the accused:
i. Is allowed to defend himself in person; or
ii. Has employed a counsel of his choice.
Note: this duty is mandatory and the only instance
when the court can arraign without the benefit of
counsel is if the accused waived such right and the
court, finding the accused capable, allows him to
represent himself in person.
What are the options of the accused before
arraignment and plea?
A. Bill of particulars. Shall specify the alleged defects
of the complaint or information and shall specify the
details desired. Accused should file this before he
enters his plea. Failure to do so amounts to a waiver
of the defect or details desired in the information.
B. Suspension of arraignment. Only in the following
cases:
i. The accused appears to be suffering from
an unsound mental condition at the time of
the trial which effectively renders him unable
to fully understand the charge against him
and to plead intelligently thereto.
ii. There exists a prejudicial question; and
filed.
iii. There is a petition for review of the
resolution of the prosecutor which is
pending before either DOJ or the Office of
the President.
Note: with the arraignment of the accused, the
DOJ Sec wan no longer entertain the appeal or
petition for review because petitioner had waived
or abandoned the same.
Note: a motion to suspend under other grounds shall
be deemed a prohibited motion under the Revised
Guidelines of Continuous Trial of Criminal Cases.
C. Motion to quash (complaint or information). Filed
before accused enters his plea, subject to the
grounds mentioned under Sec. 3, Rule 117.
D. Challenge the validity of arrest or legality of the
warrant issued or assail the regularity or question the
absence of a preliminary investigation of the charge.
Made at or before the arraignment, otherwise,
deemed waive.
Note: the arraignment of the accused constitutes a
waiver of the right to preliminary investigation or
reinvestigation. Such waiver is tantamount to a
finding of probable cause.
Arraignment under an amended information;
substituted information.
A. Substantial amendment - Mandatory because the
accused has the constitutional right to be informed of
the accusation against him. If he is not arraigned and
is convicted under the second information, the
conviction constitutes reversible error.
B. Formal amendment - no need for another
preliminary investigation and the retaking of the plea
of the accused.
C. Substitution - another preliminary investigation is
entailed and the accused has to plead anew to the
new information.
Where is arraignment to be made?
Before the court where the complaint or information
was filed or assigned for trial.
How is arraignment made?
In open court by the judge or clerk by furnishing the
accused with the copy of the complaint or
information, reading the same in the language or
dialect known to him, and asking him whether he
pleads guilty or not guilty.
Note: reading of the information may be waived upon
full understanding and express consent of the
accused and his/her counsel. Consent shall be
expressly stated in both the minutes/certificate of
arraignment and the order of arraignment.

When is the presence of the parties required?
A. Accused - At the arraignment and must personally
enter his plea.
B. Offended party - at the arraignment for the
following purposes:
i. Plea bargaining;
ii. Determination of civil liability; and
iii. Other matters requiring his presence.
Note: in case offended party fails to appear despite
due notice, the court may allow the accused to enter
a plea of guilty to a lesser offense which is
necessarily included on the offense charged with the
conformity of the trial prosecutor alone.
When shall a plea of “not guilty” be entered?
1. Actual plea of not guilty. Accused submits himself
to the jurisdiction of the trial court, thereby curing any
defect in his arrest. The waiver did not transform an
inadmissible evidence to one that is admissible.;
2. Accused refused to plead;
3. Makes a conditional plea. Happens when the
accused pleads guilt provided he is given a lesser
penalty. It requires a full blown trial before judgment
may be rendered. A plea is not to be considered
conditional if it amounts to a plea for leniency in the
imposition of a penalty.;
4. Pleads guilty but presents exculpatory evidence, in
which case the guilty plea shall be deemed
withdrawn and a plea of not guilty shall be entered.
Trial court should require the accused to plead anew
to the charge, or that a new plea of not guilty be
entered for him. No double jeopardy since there was
no plea.; and
5. When a plea of guilty is not definite or ambiguous ,
or not absolute, the same amounts to a plea of not
guilty.
What is the effect of plea of guilty?
Effects as a judicial confession. It is an admission of
all material facts alleged in the information, including
the aggravating circumstances alleged.
XPN:
If such circumstances are disproved by the evidence.
It should be disallowed in the judgment. A plea of
guilty does not dispense with the presentation of
evidence.
What is plea bargaining?
Process whereby the accused and the prosecution
work a mutually satisfactory disposition of the case
subject to court approval. It usually involves the
defendant’s pleading guilty to a lesser offense or to
only one or some of the counts of a multi-count
indictment. May be made not only at the arraignment
but also after arraignment and after his prior plea of
not guilty is withdrawn, provided that the same be
made before trial.
Note: prohibition of application of plea bargaining to
drug cases under Sec. 23 of RA 9165 was ruled
unconstitutional because it contravenes the rule-
making authority of SC. The power to promulgate
rules of pleading, practice and procedure is the
Court’s exclusive domain and no longer shared with
the Executive or Legislative department.
Requisites:
A. The lesser offense is necessarily included in the
offense charged; and
B. The plea must be with the consent of both the
offended party and the prosecutor. Not required if
despite due notice, OP fails to appear during the
arraignment. In case of victimless crimes, presence
of arresting officer is required so he may give his/her
consent.
Note: does not mean that when the requisites are
met, it is the ministerial duty of the court to approve
the plea bargaining.
What happens if the accused pleads guilty to a
capital offense?
A. to conduct a searching inquiry
i. To ascertain the voluntariness of the plea;
and
ii. To ascertain whether or not the accused has
full comprehension of the consequences of
his plea.
B. to require the prosecution to prove the following:
i. guilt of the accused; and
ii. the precise degree of his culpability; and
C. To ask the accused if he wishes to present
evidence in his behalf and be allowed to do so, if he
desires.
What is searching inquiry means?
There is no definite and concrete rule as to how a
trial judge must conduct it. But the following are
guidelines for making such inquiry:
A. Ascertain from the accused himself
i. how he was brought into the custody of the
law;
ii. whether he had the assistance of a
competent counsel during the custodial and
preliminary investigations; and
iii. under what conditions he was detained and
interrogated during the investigations.
This is intended to rule out the possibility that the
accused has been coerced or placed under a state of
duress either by actual threats of physical harm
coming from malevolent quarters or simply because
of the judge's intimidating robes.
B. Ask the defense counsel a series of questions as
to whether he had conferred with, and completely
explained to, the accused the meaning and
consequences of a plea of guilty.
C. Elicit information about the personality profile of
the accused, such as his age, socio-economic
status, and educational background, which may
serve as a trustworthy index of his capacity to give a
free and informed plea of guilty.
D. Inform the accused the exact length of
imprisonment or nature of the penalty under the law
and the certainty that he will serve such sentence.
For not infrequently, an accused pleads guilty in the
hope of a lenient treatment or upon bad advice or
because of promises of the authorities or parties of a
lighter penalty should he admit guilt or express
remorse. It is the duty of the judge to ensure that the
accused does not labor under these mistaken
impressions because a plea of guilty carries with it
not only the admission of authorship of the crime
proper but also of the aggravating circumstances
attending it, that increase punishment.
E. Inquire if the accused knows the crime with which
he is charged and fully explain to him the elements of
the crime which is the basis of his indictment. Failure
of the court to do so would constitute a violation of
his fundamental right to be informed of the precise
nature of the accusation against him and a denial of
his right to due process.
F. All questions posed to the accused should be in a
language known and understood by the latter.
G. The trial judge must satisfy himself that the
accused, in pleading guilty, is truly guilty. The
accused must be required to narrate the tragedy or
reenact the crime or furnish its missing details.
Note: if the accused did not plead guilty to a capital
offense, he cannot invoke Sec. 3 of Rule 116
requiring the court to conduct a searching inquiry into
the voluntariness and full comprehension of the
consequences of his plea.
What happens if the accused pleads guilty to a non-
capital offense?
The court may receive evidence from the parties to
determine the penalty to be imposed. There is no
rule which provides that simply because the accused
pleaded guilty to the charge, his conviction
automatically follows. Immediate rendition of a
judgment is different from automatic rendition.
Note: additional evidence independent of the plea
may be considered to convince the judge that it was
intelligently made.
What if there is no plea bargaining or plea of guilty
which took place?
Court shall immediately proceed with the
arraignment of the accused and the pre-trial.
What are the rules in improvident plea of guilty?
(Plea involuntarily made and without consent)
1. At any time before the judgment of conviction
becomes final, the court may permit an improvident
plea of guilty to be withdrawn and be substituted by a
plea of not guilty.
2. Where the trial court failed in its duty to conduct
the prescribed "searching inquiry" into the
voluntariness of appellant's plea of guilty and full
comprehension thereof, the plea of guilty was made
improvidently and it is rendered inefficacious.
3. Convictions based on an improvident plea of guilty
are set aside only if such plea is the sole basis of the
judgment. Where the trial court receives evidence to
determine precisely whether the accused erred in
admitting his guilt, the manner in which the plea is
made loses legal significance if the conviction is,
independently of the plea, based on evidence
proving the commission by the accused of the
offense charged.
Note: a conviction based on a plea of guilty to a
capital offense had been set aside only when such
plea was the only basis of the judgment. When the
trial court relied on sufficient and credible evidence to
convict the accused, the same musts be sustained
because the conviction was not based on the guilty
plea of the accused.
What is the rule on production or inspection of
material evidence?
Under Sec. 10 of Rule 116, the court is authorized
may order the prosecution to produce and permit the
inspection and copying or photographing of any
written statement given by the complainant and other
witnesses in any investigation of the offense
conducted by the prosecution or other investigating
officers, as well as any designated documents,
papers, books, accounts, letters, photographs,
objects or tangible things not otherwise privileged,
which constitute or contain evidence material to any
matter involved in the case and which are in the
possession or under the control of the prosecution,
police, or other law investigating agencies.
Note: allowed only upon motion of the accused with
notice to the parties. The purpose of this is to prevent
surprise, suppression, or alteration of the evidence.
 RULE 117. MOTION TO QUASH Motion to Quash vs. Demurrer to Evidence
Motion to Quash Demurrer to Evidence
What is motion to quash? Filed before the accused Filed after the
Mode by which an accused assails the validity of a enters a plea. prosecution rests its
criminal complaint or information filed against him for case. Presupposes that
insufficiency on its face in point of law, or for defects the accused has already
which are apparent in the face of the information. It is entered his plea and is,
an attack on the extrinsic validity of the information or in fact, already going
complaint. It has the characteristics of an omnibus through a trial.
motion. Does not require prior Filed either with or
Note: it shall include all objections then available, leave of court before without leave of court.
and all objections not so included shall be deemed filing.
waived. This failure to assert may either be because The ground is generally Based on insufficiency of
i. The accused did not file a motion to quash; or based on the maters evidence. Necessarily be
ii. The accused filed a motion to quash but failed to found on the face of the predicated upon matters
alleged the ground in said motion. complaint or information. outside of the complaint
or information.
Why is failure to object to the defects of the If granted, a dismissal of The grant is a resolution
information before entering a plea amounts to a the case will not of the case on the merits,
waiver of such defects? necessarily follow. An and it amounts to an
Because objections as to matter of form and order sustaining the acquittal.
substance cannot be made for the first time on motion is generally not a
appeal. bar to another
Note: the following objections are not waived: prosecution.
a. That the facts charged do not constitute an
Note: after the grant of the motion to quash, the court
offense;
may even order the filling of a new complaint or
b. That the court trying the case has no jurisdiction
information.
over the offense charged;
c. That the criminal action or liability has been
What are the grounds for a motion to quash?
extinguished;
A. That the facts charged do not constitute an
d. Double jeopardy.
offense;
B. That the court trying the case has no jurisdiction
When to file the motion to quash?
over the offense charged;
Before accused enters his plea.
C. That the court trying the case has no jurisdiction
over the person of the accused;
General rule: motion not allowed in a summary
D. That the officer who filed the information had no
procedure.
authority to do so;
Exception: if such is on the ground of:
E. That it does not conform substantially to the
A. Lack of jurisdiction over the subject matter;
prescribed form;
B. Failure to comply with the barangay conciliation
F. That more than one offense is charged except
proceedings mention in Sec. 18 of 1991 Rule on
when a single punishment for various offenses is
Summary Procedure.
prescribed by law;
Note: a special ground for a motion to quash
G. That the criminal action or liability has been
applicable only to cases subject to summary
extinguished;
procedure.
H. That it contains averments which, if true, would
constitute a legal excuse or justification; and
How is a motion to quash made?
I. That the accused has been previously convicted or
1. The motion shall be in writing;
acquitted of the offense charged, or the case against
2. The motion shall be signed by the accused or his
him was dismissed or otherwise terminated without
counsel; and
his express consent.
3. The motion shall distinctly specify the factual and
legal grounds thereof.
Note: a motion to quash not based on any of the
Note: the rule does not permit an oral motion to
above grounds shall be deemed a prohibited motion.
quash. Failure to comply with the requisites may
result to denial of the motion.
What are the alternative actions the court may do
when a motion to quash is filed?
A. Order the amendment of information;
B. Sustain the motion to quash; or
Note: Another complaint or information cannot be
filed when the ground relied upon for sustaining the
motion is either:
A. Extinction of the criminal liability; or
B. Double jeopardy
C. Deny the motion to quash. Denial is interlocutory
and cannot be appealed nor can it be the subject of
a petition for certiorari. The denial means that the
criminal information remains pending with the court
which must proceed with the trial to determine
whether the accused is guilty of the crime charged
therein.
Note: a party may question the denial in a petition for
certiorari under Rule 65 if he can establish that the
denial was tainted with grave abuse of discretion.
RULE 118-119. PRE-TRIAL, TRIAL, DEMURRER
TO EVIDENCE.
PRE-TRIAL
What are the purposes of a pre-trial?
A proceeding conducted before the trial of the case
for the purpose of considering the following:
A. Plea bargaining;
B. Stipulation of facts;
C. Marking for identification of evidence of the
parties;
D. Waiver of objections to admisssibility of evidence;
E. Modification of the order of the trial if the accused
admits the charge but interposes a lawful defense;
and
F. Such matters as will promote a fair and
expeditious trial of the criminal and civil aspects of
the case.
Note: no evidence shall be allowed to be presented
and offered during the trial other than those identified
and marked during the pre-trial except when allowed
by the court for good cause shown.
Remedy: reservation of evidence provided, properly
identified.
What courts may take cognizance of pre-trial?
A. Sandiganbayan;
B. RTC;
C. MeTC, MTCC, MTC and MCTC.
Note: pre-trial is mandatory in all criminal cases
cognizable before these courts.
What is the effect if party/ies is/are absent during
pre-trial?
The court shall proceed with the pre-trial despite their
absence provided they were duly notified of the
same and the counsel for the accused, as well as the
public prosecutor, are present. If the counsel or
prosecutor does not appear and does not offer an
acceptable excuse for their lack of cooperation, the
court may impose proper sanctions or penalties.
Recording of the minutes
The proceedings during the preliminary conference
shall be recorded in the Minutes of Preliminary
Conference to be signed by both parties and
counsel. It shall be attached by the Branch Clerk of
Court to the case record.
What shall be the duty of the court if plea bargain
was agreed upon?
A. Issue an order to that effect;
B. Proceed to receive evidence on the civil aspect of
the case;
C. Render and promulgate judgment of conviction,
including the civil liability or damages duly
established by the evidence.
Who shall ask the questions during the pre-trial?
It shall be the judge who shall be the one to ask the
questions on issues raised therein and all questions
must be directed to him to avoid hostilities between
the parties.
Note: if stipulations cannot be had in full and the
adverse party does not waive the right to cross-
examination, the subject of the direct testimony of
these witnesses should be stipulated upon, without
prejudice to additional direct and cross examination
questions.
Signing of admissions made
All agreements and admissions made or entered
during the pre-trial conference shall be
A. Reduced in writing; and
B. Signed by the accused and counsel.
If this is not followed, such admissions cannot be
used against the accused.
Note: all proceedings during the pre-trial shall be
recorded, the transcripts prepared and the minutes
signed by the parties and/or their counsels.
What is the effect of a pre-trial order?
Within 10 days after the termination of the pre-trial,
the trial judge shall issue a PRE-TRIAL ORDER
setting forth the actions taken during the pre-trial
conference, the facts stipulated, the admissions
made, the evidence marked, the number of
witnesses to be presented and the schedule of the
trial. The order shall be immediately be served upon
the parties and counsel on the same day after the
termination of the pre-trial.
Note: the order shall bind the parties and shall limit ii. Crimes against property under Title 10 of the
the trial to the matters not disposed of and control Revised Penal Code (RPC), where the obligation
the course of the action during the trial. may be civil in nature, such as:
a) Theft under Art. 308, RPC, cognizable by
Pre-trial in civil cases vs. In criminal cases the first level courts;
Civil cases Criminal cases b) Estafa under Art. 315(1), RPC, except
Preceded by a motion ex Not required from the estafa under Art. 315 (2) and (3);
parte filed by the plaintiff prosecution. c) Other forms of swindling under Art. 316,
to set the case for pre- RPC;
trial. d) Swindling of a minor under Art. 317, RPC;
Set by the court after the Ordered by the court e) Other deceits under Art. 318, RPC; and
requisite motion from the after arraignment and f) Malicious mischief under Art. 327, RPC.
plaintiff after all pleadings within 30 days from the
have been served and date the court acquires iii. Crimes against honor under Title 13, RPC, where
filed. jurisdiction over the the liability may be civil in nature, such as:
person of the accused. a) Libel by means of writings or similar means
Note: the date of under Art. 355, RPC;
arraignment and pre-trial b) Threatening to publish and offer to present
shall be set on the same such publication for a compensation under
date. Art. 356, RPC;
Purpose of considering Does not consider the c) Prohibited publication of acts referred to in
the possibility of an propriety of rendering a the course of official proceedings under Art.
amicable settlement or of judgment on the 357, RPC;
a submission to pleadings or a summary d) Grave Slander (Grave Oral Defamation) of
alternative modes of judgment. An offer of serious and insulting nature under Art. 358,
dispute resolution. compromise by the par. 1, RPC;
Authorizes a compromise accused may be e) Simple Slander (Oral Defamation) – not of a
upon the civil liability received in evidence as serious and insulting nature under Art. 358,
arising from an offense, an implied admission of par. 2, RPC;
but such shall not guilt, but id foes not f) Grave Slander by Deed – of a serious
extinguish the public extinguish the criminal nature under Art. 359, par. 1, RPC;
action for the imposition liability. g) Simple Slander by Deed – not of a serious
of penalty. nature under Art. 359, par. 2, RPC;
Non-appearance is The sanction is upon the h) Incriminating innocent person under Art.
imposed upon the non- counsel or prosecutor for 363, RPC;
appearing party non-appearance in case i) Intriguing against honor under Art. 364,
of failure to offer an RPC;
acceptable excuse for
lack of cooperation. iv. Libel under R.A. 10175 (Cybercrime Prevention
Act of 2012) where the liability may be civil in nature;
Parties are required to Rule 118 does not
v. Criminal negligence under Title 14, RPC, where
file and serve their mention the submission
the liability may be civil in nature; and
respective pre-trial briefs of pre-trial briefs.
vi. Intellectual property rights cases where the liability
may be civil in nature.
What cases are subject to mediation on the civil
liability under the REVISED GUIDELINES FOR
(b) The referral of the case for mediation to the
CONTINUOUS TRIAL OF CRIMINAL CASES (A.M.
Philippine Mediation Center (PMC) Unit shall be
NO. 15-06-10-SC)?
made only after the conduct of the arraignment and
the pre-trial/preliminary conference. The court shall
i. Crimes where payment may prevent criminal
serve the Order of Referral to the PMC Unit
prosecution or may extinguish criminal liability, such
immediately after the arraignment and the pre-
as violations of:
trial/preliminary conference.
a) B.P. Blg. 22;
b) SSS Law (R.A. No. 1161, as amended by
The mediation shall be terminated within a non-
R.A No. 8282);
extendible period of thirty (30) calendar days from
c) PAG-IBIGLaw (R.A.No.9679).
the date of referral by the court to the PMC Unit.
After the lapse of the mediation period or if mediation
fails, trial shall proceed.
Except those cases mentioned above, criminal cases
subject to the Rule on Summary Procedure shall not
be referred to mediation.
When may the witnesses excused from conditional
examination?
A. That the witnesses is sick or infirm as to afford
reasonable ground to believe that he will not be able
to attend the trial;
B. That the resides more than 100 km from the place
of the trial and has no means to attend the same; or
C. That the similar circumstances exist that would
make him unavailable or prevent him from attending
the trial.
Note: the conditional examination of a witness for the
prosecution is to be done before the court where the
case is pending. Also, the conditional examination of
a prosecution witness cannot defeat the rights of the
accused to public trial and confrontation of
witnesses.
TRIAL
What is the effect of not bringing the accused to trial
within the prescribed period?
The information may be dismissed upon motion of
the accused on the ground of denial of his right to
speedy trial. The accused shall have the burden of
proving the ground for this motion. The prosecutor
shall have the burden of going forward with the
evidence to establish that the delay belongs to the
exclusion of time mentioned in Sec. 3 of Rule 119.
Motion shall be made prior to trial, otherwise,
deemed waived.
What are the delays excluded in computing the
period for commencement of a trial?
A. Delay resulting from an examination of the
physical and mental condition of the accused;
B. Delay resulting from proceedings with respect to
other criminal charges against the accused;
C. Delay resulting from extraordinary remedies
against interlocutory orders;
D. Delay resulting from pre-trial proceedings;
provided, that the delay does not exceed thirty (30)
days;
E. Delay resulting from orders of inhibition, or
proceedings relating to change of venue of cases or
transfer from other courts;
F. Delay resulting from a finding of the existence of a
prejudicial question;
G. Delay reasonably attributable to any period, not
exceed thirty (30) days, during which any proceeding
which any proceeding concerning the accused is
actually under advisement;
H. Delay resulting from the absence or unavailability
of an essential witness. Note: considered absent
when his whereabouts are unknown or his
whereabouts cannot be determined by due diligence.
Unavailable when his whereabouts are known but his
presence for trial cannot be obtained b due diligence;
I. Delay resulting from the mental incompetence or
physical inability of the accused to stand trial;
J. Delay from the date the charge was dismissed to
the date the time limitation would commence to run
as to the subsequent charge had there been no
previous charge if the information is dismissed upon
motion of the prosecution and thereafter a charge is
filed against the accused for the same offense;
K. Reasonable period of delay when the accused is
joined for trial with a co-accused over whom the
court has not acquired jurisdiction, or, as to whom
the time for trial has not run and no motion for
separate trial has been granted; and
L. Delay resulting from a continuance granted by any
court motu proprio, or on motion of either the
accused or his counsel, or the prosecution, if the
court granted the continuance on the basis of its
findings set forth in the order that the ends of justice
served by taking such action outweigh the best
interest of the public and the accused in a speedy
trial.
What is one day examination of witness rule?
Every court is required to adhere to the rule that a
witness has to be fully examined in one day.
How to secure appearance of a material witness?
1. Either party may, upon motion, secure an order
from the court for a material witness to post bail for
such sum as may be deemed proper, if the court is
satisfied upon either
a) Proof; or
b) Oath that a material witness will not testify
when required.
2. If the witness refuses to post bail, the court shall
commit him to prison until he complies or is legally
discharged after his testimony has been taken.
What are the requisites for the discharge of an
accused to be a state witness?
1. Two or more accused are jointly charged with the
commission of an offense;
2. The motion for discharge is filed by the
prosecution before it rests its case;
3. The prosecution is required to present evidence
and the sworn statement of each proposed state
witness at a hearing in support of the discharge;
4. The accused gives his consent to be a state
witness; and
5. The trial court is satisfied that:
a) There is absolute necessity for the
testimony of the accused whose discharge
is requested;
b) The is no other direct evidence available for
the proper prosecution of the offense
committed, except the testimony of said
accused;
c) The testimony of said accused can be
substantially corroborated in its material
points;
d) Said accused does not appear to be the
most guilty; and
e) Said accused has not at any time been
convicted of any offense involving moral
turpitude.
Note: a discharge of an accused to be a state
witness is not proper when the testimony of the
witness is merely corroborative. The decision to
employ the accused as a state witness must
necessarily originate from the public prosecutor.
What are the effects of mistake in charging the
proper offense?
If such become manifest at any time before judgment
and the accused cannot be convicted of the offense
charged, or nay other offense necessarily included
therein, the court shall order the filing of a new
information. Upon filing, the court shall dismiss the
original case and shall commit the accused to
answer for the proper offense.
What is the order of the trial?
The trial shall proceed in the following order:
1. The prosecution shall present evidence to prove
the charge and, in the proper case, the civil liability.
2. The accused may present evidence to prove his
defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
3. The prosecution and the defense may, in that
order, present rebuttal and sur-rebuttal evidence
unless the court, in furtherance of justice, permits
them to present additional evidence bearing upon the
main issue.
4. Upon admission of the evidence of the parties, the
case shall be deemed submitted for decision unless
the court directs them to argue orally or to submit
written memoranda.
5. When the accused admits the act or omission
charged in the complaint or information but
interposes a lawful defense, the order of trial may be
modified.
What is trial in absentia?
The accused need not always be present in every
hearing although it is his right to be present, if he so
desires, from arraignment to the rendition of the
judgment. He can only be tried in absentia when the
following requisites concur:
A. The accused has already been arraigned;
B. The accused has been duly notified of the trial or
hearings; and
C. The absence of the accused or his failure to
appear is unjustified.
What are the instances when the presence of the
accused is required?
A. At arraignment and plea, whether of innocence or
of guilt;
B. During trial, whenever necessary for identification
purposes; and
C. At the promulgation of sentence, unless it is for a
light offense, in which case, the accused may appear
by counsel or representative.
Note: at such stages of proceedings, his presence is
required and cannot be waived.
How is offer of evidence made?
The offer of evidence, the comment or objection
thereto, and the court ruling thereto shall be made
orally. Shall be made at the same day after the
presentation of his/her last witness and the opposing
party is required to immediately interpose his/her oral
comment/objection thereto.
What is the effect of lack of formal offer of evidence
during trial?
Any evidence that has not been offered shall be
excluded and rejected, even if such document has
been identified and marked as exhibits during pre-
trial or trial. It shall not be given any evidentiary
weight and value.
When is a formal offer not necessary?
If the following requisites concur:
1. The evidence was duly identified by testimony duly
recorded;
2. The evidence was incorporated in the records of
the case.
Note: the rule on formal offer has no application
where the court takes judicial notice of adjudicative
facts pursuant to Sec. 2, Rule 129 of RoC or where
the court relies on judicial admissions or draws
inferences from such JA within the context of Rule 4,
Sec 129 of RoC or where the trial court, in judging
the demeanor of witnesses, determines their
credibility even without the offer of the demeanor as
evidence.
DEMURRER TO EVIDENCE
What is a demurrer to evidence?
A motion to dismiss that is filed by the accused after
the prosecution has rested its case on the ground of
insufficiency of the evidence of the prosecution. The
accused challenges the insufficiency of the entire
evidence of the prosecution and asserts that the
prosecution failed to prove the guilt of the accused
beyond reasonable doubt.
Note: may be filed with or without leave of court.
How is evidence considered sufficient?
If the evidence will prove the commission of the
crime and the precise degree of participation therein
by the accused.
What is the effect if the demurrer is filed with leave of
court?
The motion for leave of court to file a demurrer shall
specifically state its grounds and shall be filed within
a non-extendible period of 5 days after the
prosecution rests its case. The prosecution may
oppose the motion within a non-extendible period of
5 days from its receipt. If the court grants the leave,
the accused shall file the demurrer within a non-
extendible period of 10 days from notice. The
prosecution may opposed the demurrer within the
similar period from its receipt.
What happens if the court grants the demurrer?
The case is dismissed.
Note: if denied, the accused may adduce evidence in
his defense. Appeal the case in case he is convicted.
The order denying the motion to leave of court to file
the demurrer to evidence and the demurrer itself
shall not be reviewable by appeal or certiorari before
judgment.
What happens if a demurrer is filed without leave of
court?
If the demurrer is granted, the case is dismissed and
the effect is an acquittal. If the demurrer is denied,
the accused waives the right to present evidence and
submits the case for judgment on the basis of the
evidence for the prosecution.
Note: when a demurrer is filed without leave, the
whole case is submitted for judgment on the basis of
the evidence for the prosecution as the accused is
deemed to have waived the right to present
evidence. The court shall decide including the civil
aspect.
What are the rules on demurrer to evidence under
the Revised Guidelines for Continuous Trial in
Criminal cases?
1. After the prosecution rested its case, the court
shall inquire from the accused if he/she desires to
move for leave of court to file a demurrer to
evidence, or to proceed with the presentation of
his/her evidence.
2. If the accused orally moves for leave of court, the
court shall orally resolve the same.
3. If the motion for leave is denied, the court shall
issue an order for the accused to present and
terminate his/her evidence on the dates previously
scheduled and agreed upon, and to orally offer and
rest his/her case on the day his/hr last witness is
presented. If the motion is denied, the accused may
still adduce evidence in his defense.
4. If despite the denial of the motion for leave, the
accused insists on filing the demurrer to evidence,
the previously scheduled dates for the accused to
present evidence shall be canceled.
5. The demurer to evidence shall be filed within non-
extendible period of 10 calendar days from the date
of leave of court is granted.
6. If the motion for leave of court to file demurrer to
evidence is granted, and the subsequent demurrer to
evidence is denied, the accused shall likewise
present and terminate his/her evidence (one day
apart, morning and afternoon) and shall orally offer
and rest his/her case on the day his/her last witness
is presented. The court shall rule on the oral offer of
evidence of the accused and the comment or
objection of the prosecution on the same day of the
offer. If the court denies the motion to present
rebuttal evidence because it is no longer necessary,
it shall consider the case submitted for decision.
Review of an order granting a demurrer
GR: grant of a demurrer to evidence amounts to an
acquittal and that the order of dismissal is not subject
to appeal.
XPN: reviewable through certiorari under Rule 65. It
must be filed before the CA. If the CA finds no grave
abuse of discretion in granting the demurrer, such is
reviewable by the SC through petition for review on
certiorari under Rule 45.
Note: the order denying the motion for leave of court
to file demurrer and demurrer to evidence itself is not
reviewable by certiorari.
What are the difference between demurrer to
evidence in a civil case and criminal case?
Civil case Criminal case
Anchored upon the Predicated upon
failure of the plaintiff to insufficiency of evidence.
show that, upon the facts
and the law, he is entitled 1. The legal qualification of the offense constituted by
to relief. the acts committed by the accused;
Requires no prior lave of May be filed with or 2. The aggravating and mitigating circumstances
court. without leave of court. which attended the commission of the offense;
When denied, theMay adduce his evidence 3. The participation of the accused in the offense
defendant does not lose for defense only when whether as a principal, accomplice or accessory;
his right to present his the demurrer that was 4. The penalty imposed upon the accused;
evidence. denied was filed with 5. The civil liability or damages caused by his
leave of court. When filed wrongful act or omission.
without leave of court If acquittal
and the demurrer is 1. State whether or not the evidence of the
denied, the accused prosecution
waives his right to a) Absolutely failed to prove the guilt of
present evidence and the accused; or
submits the case for b) Merely failed to prove his guilt
judgment on the basis of beyond reasonable doubt;
the evidence for the 2. Determine if the act or omission from which the
prosecution. civil liability might arise did not exist.
If granted, the plaintiff No appeal is allowed Note: a verdict of acquittal is final.
may appeal and if the because when demurrer
dismissal is reversed, the is granted, it is deemed What is the effect if the accused failed to object a
defendant is deemed to as an acquittal. duplicitous complaint or information?
have waives his right to The accused is deemed to have waived the defect
present evidence. and the court may convict him for as many offenses
It is the defendant who The court may, on its as are charged and proved, and impose on him the
invokes a demurrer by own initiative, dismiss the penalty for each offense. The objection can no longer
moving for the dismissal action after giving the be raised on appeal.
of the case. The court prosecution an Note: duplicitous complaint or information happens
does not do so on its opportunity to be heard. when there are two or more offenses in a single
own initiative. information or complaint. The complaint or
information must charge only one offense, except
when the law prescribes a single punishment for
RULE 120-125. JUDGEMENT, REMEDIES AFTER
various offenses.
JUDGMENT OF CONVICTION AND PROVISIONAL
REMEDIES
What is variance doctrine?
GR:Accused may not be convicted of an offense
JUDGMENT
unless it is clearly charged in the information and
What is judgment?
proven. If it is not charged, although proved, of it is
Adjudication by the court that the accused is guilty or
proved but not charged, the accused cannot be
not guilty of the offense charged and the imposition
convicted thereof.
on him of the proper penalty and civil liability, if any.
XPN: when there is variance between the allegation
What are the requisites of a judgment?
and proof. The variance referred to is a situation
Formal
where:
1. It must be written in the official language;
A. The offense proved is different from the offense as
2. It must be personally and directly prepared and
charged in the complaint or information; and
signed by the judge; and
B. The offense as charged is either included in the
3. It must contain clearly and distinctly a statement of
offense proved or necessarily includes the offense
a) The facts; and
proved.
b) The law upon which it is based.
When there is variance between the offense charged
Jurisdictional
in the complaint and information and that proved,
1. Jurisdiction over the subject matter;
and the offense as charged is necessarily included in
2. Jurisdiction over the territory; and
or necessarily includes the offense proved, the
3. Jurisdiction over the person of the accused.
accused shall be convicted of the of the offense
proved which is included in the offense charged or of
What are the content of a judgment of conviction?
If conviction
the offense charged which is included in the offense
proved.
When is it considered that an offense charged
necessarily includes the offense proved?
When some of the essential elements or ingredients
of the former, as alleged in the complaint or
information, constitutes the latter.
When is it considered that an offense charged is
necessarily included in the offense proved?
When the essential ingredients of the former
constitute or form part of those constituting the latter.
Is the presence of the accused necessary in the
promulgation of judgment?
GR: yes.
XPN: if the conviction is merely for a light offense,
the judgment may be pronounced in the presence of
his counsel or representative. The judgment ma be
promulgated by the clerk of court if the judge is
absent or outside the province or city.
Note: if the accused is confined or detained in
another province or city, the judgment may be
promulgated by the executive judge of the RTC
having jurisdiction over the place of confinement or
detention.
What are the rules if the if the accused fails to
appear in the promulgation of judgment?
If despite notice, then the promulgation shall not be
suspended; instead, it shall be made by:
A. Recording the judgment in the criminal docket;
and
B. Serving him a copy thereof at his last known
address or through his counsel.
If judgment was for conviction and without justifiable
cause - lose the remedy available in the RoC against
the judgment and the court shall order his arrest.
Note: the rule gives him a chance to avail of the
remedies against the judgment as long as within 15
days from the promulgation of judgment, he
surrenders and files a motion for leave of court to
avail of the remedies.
If he shall state the reason and his absence is
justified, he shall be allowed of the remedies within
15 days from notice.
Note: if the accused fails to present himself at the
promulgation of the judgment of conviction, he loses
the remedies of filing a motion for a new rial or
reconsideration and appeal from the judgment of
conviction. When the accused on bail fails to present
himself at the promulgation of a judgment of
conviction, he is considered to have lost his standing
in court.
When can a judgment of conviction be modified or
set aside?
Upon motion of the accused before the judgment
becomes final or before appeal is perfected.
When does a judgment becomes final?
A. after the lapse of the period for perfecting an
appeal;
B. when the sentence has been partially or totally
satisfied or served;
C. when the accused has waived in writing his right
to appeal; or
D. has applied for probation.
What are the remedies available before the judgment
of conviction become final?
A. Modification of the judgment;
- shall be done before the judgment becomes
final or before the appeal is perfected (15 days).
Must be upon motion of the accused and cannot be
done on the court’s own motion
B. Reopening of the proceedings;
- at any time before the finality of the
judgment or conviction, the judge, may motu propio
or upon motion, with hearing in either case, reopen
the proceedings to avoid a miscarriage of justice. It
shall be terminated within 30 days from the order
granting it.
C. Motion for new trial;
D. Motion for reconsideration;
APPLIES TO BOTH
- the court need not wait for a motion from the
accused because it may, at its own instance, grant a
new trial or a reconsideration of the judgment but
with consent of the accused. If the accused so filed,
he should file it at any before the judgment of
conviction becomes final.
- it shall be filed within the reglementary
period of 15 days from the promulgation and shall be
resolved within a non-extendible period of 10 days
from the submission of the comment of the
prosecution. With or without comment, resolution
shall be made within 10 days.
E. Appeal from the judgment.
What are the grounds for granting a new trial?
A. Errors of law have been committed during the trial;
B. Irregularities prejudicial to the substantial rights of
the accused have been committed during the trial;
C. The new and material evidence has been
discovered

What are the requisites for a newly-discovered
evidence be a justifiable ground for a new trial?
A. The evidence must have been discovered after
the trial;
B. It could not have been previously discovered and
produced at the trial even with the exercise of
reasonable diligence;
C. It is a new and material evidence; and
D. If introduced and admitted would probably change
the judgment.
What are the grounds for reconsideration of the
judgment?
A. Errors of law which requires no further
proceedings; and
B. Errors of fact in the judgment which requires no
further proceedings.
What are the formal requisites for a motion for new
trial or reconsideration?
The motion for a new trial or reconsideration shall be
in writing and shall state the grounds on which it is
based. If based on a newly-discovered evidence, the
motion must be supported by affidavits of witnesses
by whom such evidence is expected to be given or
by duly authenticated copies of documents which are
proposed to be introduced in evidence. Notice of the
motion for new trial or reconsideration shall be given
to the prosecutor.
What are the effects of granting a new trial or
reconsideration?
The original judgment shall be set aside or vacated
and a new judgment shall be entered accordingly.
What is the Neypes rule?
The period for appeal is not only within 15 days from
the notice of judgment but also within 15 days from
the notice of final order appealed from. If a motion for
reconsideration or motion for new trial is denied,
such denial is to deemed as the final order. From
receipt of such notice of denial, the movant has
another “fresh period” within which to appeal. The
new 15 day period may be availed of only if either
motion is filed; otherwise, the decision becomes final
and executory.
APPEALS
Appeal is not a natural right. The right to appeal is
neither a natural right nor it is a component of due
process. It is a mere statutory privilege ad may be
exercised only in the manner and accordance with
the provisions of law.
Note: if you fail to follow the procedures, format or
failed to pay the proper fee, the court may decide for
the outright dismissal of your motion. One must
strictly follow the rules on appeal.
Who may appeal?
Any party may appeal from a judgment or final order,
unless the accused will be placed in double jeopardy.
The subject of the appeal is a judgment or a final
order.
What are the effect of filing an appeal?
Open the entire case for review. It is the duty of the
reviewing tribunal to correct, cite and appreciate
errors in the appealed judgment whether they are
assigned or unassigned. It confers upon the
appellate court full jurisdiction over the case and
renders such court competent to examine records,
revise the judgment appealed from, increase the
penalty and cite the proper provision of the penal
law.
How are the facts of the case appreciated in an
appeal?
Factual findings of the trial court, especially
confirmed by the CA, deserve great weight and
respect. It should not be disturbed on appeal.
XPN: unless there are facts of weight and substance
that were overlooked or misinterpreted that would
materially affect the disposition of the case.
Where to file an appeal?
Decision from Appeal before
Metc, MTCC, MTC OR RTC
MCTC
RTC CA
CA SC
How to file an appeal?
1. The appeal to the Regional Trial Court shall be
taken by filing a notice of appeal with the court which
rendered the judgment or final order appealed from
and by serving a copy thereof upon the adverse
party.
2. The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of
its original jurisdiction shall be taken by filing a notice
of appeal with the court which rendered the judgment
or final order appealed from and by serving a copy
thereof upon the adverse party.
3. The appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of
its appellate jurisdiction shall be by petition for review
under Rule 42.

4. The appeal to the Supreme Court in cases where
the penalty imposed by the Regional Trial Court is
death, reclusion perpetua, or life imprisonment, or
where a lesser penalty is imposed but for offenses
committed on the same occasion or which arose out
of the same occurrence that gave rise to the more
serious offense for which the penalty of death,
reclusion perpetua, or life imprisonment is imposed,
shall be by filing a notice of appeal in accordance
with paragraph (a) of this section.
Note: since imposition of death penalty is
suspended, no automatic review, the party must file
notice.
5. When the appeal is from the decision of CA, the
appeal is generally made by filing a petition for
review on certiorari under Rule 45 with the SC.
When is an appeal to be taken?
Within 15 days from
A. Promulgation of the judgment; or
B. From notice of the final order appealed from.
This period for perfecting an appeal shall be
suspended from the time a motion for new trial or
reconsideration is filed until notice of the order
overruling the motion shall have been served upon
the accused or his counsel at which time the balance
of the period begins to run.
Note: the last part should be deemed modified by the
application of the “fresh period” rule to criminal
cases.
What is the effect of perfection of the appeal?
Stay the execution of the judgment or final order
appealed from in favor of an appealing party. This
benefit shall not be extended to those who failed to
file the same.
How long is transmission of papers to appellate court
should take place? 5 days.
When is withdrawal of an appeal allowed?
Despite perfection, the RTC or the MTC may allow
the appellant to withdraw his appeal before the
record has been forwarded by the clerk of court to
the proper appellate court.
What is the effect of appeal by any of the several
accused?
1. If adverse decision - shall not affect those who did
not appeal.
2. If favorable - the benefits extends to all accused,
regardless of whether they appealed or not.
What are the rules regarding appeal from the civil
aspect?
1. Shall not affect the criminal aspect of the judgment
or order appealed from.
2. Appeal period accorded to the accused should
also be available to the offended party who seeks
redress of the civil aspect of the decision.
What is harmless error rule?
Not all errors committed by the trial court are
grounds for reversal of the appealed judgment. If the
error is slight and insignificant, the error will be
disregarded because it has not caused prejudice to a
party.
PROVISIONAL REMEDIES IN CRIMINAL CASES
What is provisional remedy?
Pre-judgment or pre-trial court orders intended to
preserve the status quo until the court issues a final
judgment.
When is PR available?
If the criminal action be one with corresponding civil
liability. The civil liability must be one arising from the
offense charged and which is instituted in the said
criminal action.
Note: if the civil action has been waived, reserved or
instituted separately, a provisional remedy may not
be availed of in the criminal action. It may only be
applied in the separate civil action.
When is preliminary attachment available?
1. It is available in a criminal case when the civil
action is properly instituted in the criminal action as
provided in Rule 111 of the RoC and in the following
cases:
A. When the accused is about to abscond from the
Philippines;
B. When the criminal action is based on a claim for
money or property embezzled or fraudulently
misapplied or converted to the use of the accused
who is a public officer, officer of a corporation,
attorney, factor, broker, agent, or clerk, in the course
of his employment as such, or by any other person in
a fiduciary capacity, or for a willful violation of duty;
C. When the accused has concealed, removed, or
disposed of his property, or is about to do so; and
D. When the accused resides outside the Philippines