Pre-trial is mandatory in criminal cases

Can you submit pre-trial brief? You are not required under the rules – subject to discretion of court
whether or not it will be allowed for the witness’ testimony

You can make reservation but subject to the discretion of court

Modes of Discovery

Application for examination of witness for trial - rule 119

Examination of defense witness – sec 13 or rule 119

Conditional examination of witnesses section 17 or rule 119 – for the prosecution – it is important that
the witness that will be contionally examined, if sick, or cant make it in court, or will leave PH with no
definite time

Examination should be made BEFORE the COURT

Motion to Suppress – remedy/ pleading available to the accused/defense – assailing pieces of evidence
in violation of rule 126

Compromise of Civil Aspect – mediatable offenses

Violation of sss law, pag-ibig law, bp 22, cimes against property, estafa, fraudulent means of false
representation, crimes against honour, incrimating against persons, grave slander, simple slander,
simple slander by deed, grave slander by deed, intellectual property cases (civil liability), criminal
negiligence – reckless imprudence resulting homicide/physical injury, case of abandonment

Affidavit of Dessistance –

Pre Trial Order – basically maps out the structure of trial, in order to prevent surprises, any untoward act
of each of the parties to delay the procedures, everything is included in pre trial

Arraignment is separated from pre-trial before – rules on summary procedure

Under rev. guidelines of continuous trial – arraignment and pre-trial should proceed as scheduled,
deriving order

RULE 117 – Motion to Quash

This pleading is a remedy available to the accused or to the defense – public prosecutor won’t FILE!

There is a compromise of approval by the head of office

Sec 3 of Rule 117 – is included in the said pleading. If not conformed as per Revised Guidelines, the
motion will be treated a prohibited pleading.
What happens if any of those allegations which pertain may be subject to amendment?

The court will order the amendment – it can be treated by amendment – the court will advise the
prosecution, as this will entail too much time on the complaining party

If subject to amendment, rather than quash, court will order amendment

Section 117 – Double Jeopardy – there must be arraignment first, disposition of the court which was not
forced by the offender

3.g) The concept of prescription – ART 89, 90 and 91 of Revised Penal Code – total extinguishment of
Criminal liability

Art 89 – death of the convict, during trial and before final judgment

Death of the accused during trial and before judgment will cause extinguishment of criminal liability

With regard to pecuniary liabilities, it is a different matter - Independent civil action

Any other source of obligation, other than delict, may be claimed after the death of the accused.

Take note People vs Bayotas

Concept of Provisional Dismissal – 6,1 6,2 rule

Rule 116 – Arraignment and Plea

Arraignment – will read the contents of the information, then to be ask how will you plead

Exact culpability of accused – on offenses punishable by capital offense

File a motion to quash before there is even arraignment

You will not go to court if there is already scheduled arraignment

When can arraignment be suspended – FILING MOTION TO QUASH CANNOT BE USED

TAKE NOTE OF THE THREE GROUNDS – unsound mind, prejudicial question, pending review with
sof/office of president (60 days)

DON’T FILE MOTION FOR RECONSIDERATION upon suspension of arraignment

Prior to subsequent criminal action, civil action must be instituted first to invoke prejudicial question

Civil action is determinative of the outcome of the criminal action.

Prosecution doesn’t provide evidence – file to contempt

Trial in absentia – arraignment

RULE 115 – RIGHTS OF THE ACCUSED

Paramount in any criminal case – take note right to cross examine

Amended rules on evidence – wide open rule/English rule – cross examination may be had on matters
even on matters not touch in direct examination as long as it will give you the opportunity to provide his
freedom from bias, determine fullness of bias in the case

Matter of testimony in cases – judicial affidavit, u may use affidavits from PI if it is in lower courts

If no affidavit submitted during PI, if you are the prosecutor, you shall submit affidavit

On RTC, if the accused agrees or consents, judicial affidavit will be utilized, for witnesses wherein
demeanor of such witness is necessary – judicial affidavit may be used, observation of demeanor
(manner of answering) is no longer necessary – RA 9165 – Expert witness

RULE 114 – bail – piyansa

Bail as a matter of right

Bail as a matter of discretion

Bail negating circumstances, when bail is discretionary

The different kinds of Bail -

The public prosecutor recommends the amount of bail.

When is bail a remedy for accused –

Unlawfully detained accused -

File for petition for writ of habeas corpus

File a case for violation for article 125 – arbitrary detention

Writ of Amparo – for desaparecidos

Writ of Habeas data – asking for all documents that can be gathered from authorized agencies just to be
produced at the approval of the court of decision

Where do you file bail – if matter of discretion, and asking for recognizance, file the application before
the court where the case is pending

If matter of right, file on RTC – the place where you are arrested

File on MTC –

There is now certification, to be transmitted to the court where case was filed

Rule 113 – arrest

Pursuant to warrant of arrest, lawful arrest

Rights and duties of a civilian doing an arrest

Person under custodial investigation

Person charged before inquest

Rights of the accused

Rule 112 – preliminary investigation

Executive determination of prob. cause (prosecutor) – judicial determination of probable cause (judge)

Cases covered by rule of summary procedure – they are way below 4 yrs 2months 1 day – interrupted if
filed in proper court

*Direct filing* case is dangerous due to prescription

2 months light offenses – prescription

Interrupted when case filed in prelim investigation – cases covered by special law, revised penal code

Rule 111 – 110 – independent civil actions, primacy of criminal actions – art 32, 33, 34, 2176 of new civil
code

Section 6 of rule 111

Section 7 of rule 111 – elements of prejudicial question – capili vs people – declaration of nullity, for
bigamy has been filed, bigamy was already consummated, jose vs suarez action for nullity of loan,
interest of bp22 – the mere issuance of a worthless check is already violative of the provisions of bp22

Administrative civil, specific performance – san Miguel vs perez

Rule 110 – prescription, case of jadewell, revised rules on summary procedure, cases pertaining to
special laws, cases violating revised penal code,

Sufficiency of complaint or information

Amendment, downgrading and exclusion of one of the accused, discharge of a person as a state witness,
discharge of a person as a witness,

If exclusion is done after arraignment, there is double jeopardy

If there is utilization of a person who is not yet accused but a witness (under WPP), who may have done
a participation, may be filed with a case since there is no arraignment yet

If there is discharge with approval of court and after arraignment, and can be double jeopardy provided
requisites that you are least guilty. No evidence can be charged
The public prosecutor is/has direct control or supervision in the prosecution of the case.