Professional Documents
Culture Documents
CRIMINAL PROCEDURE
HDO or WLO upon submission of the following NOTE: The time of the pendency of a motion to
requirements: quash or for a bill of particulars or other causes
justifying suspension of the arraignment shall be
1. Affidavit of Denial; excluded in computing the period.
2. Photocopy of the page of the passport bearing
the personal details; XPNs:
3. Latest clearance from the National Bureau of
Investigation; and 1. When an accused is under preventive
4. Clearance from the court or appropriate detention, his case should be raffled within 3
government agency when applicable. days from filing and accused shall be arraigned
within 10 days from receipt by the judge of the
records of the case (R.A. No. 8493, Speedy Trial
G. ARRAIGNMENT AND PLEA Act);
(RULE 116)
3. Where the complainant is about to depart from
the Philippines with no definite date of return,
ARRAIGNMENT the accused should be arraigned without delay;
It is the formal mode of implementing the 4. Cases under R.A. No. 7610 (Child Abuse Act), the
constitutional right of the accused to be informed of trial shall be commenced within 3 days from
the nature of the accusation against him. (People v. arraignment;
Pangilinan, G.R. No. 171020, 14 Mar. 2007)
5. Cases under R.A. No. 9165 (Dangerous Drugs
Arraignment is a proceeding in a criminal case, the Act); and
object of which is to fix the identity of the accused,
to inform him of the charge and to give him an 6. Cases under SC AO 104-96 i.e., heinous crimes,
opportunity to plead, or to obtain from the accused violations of the Intellectual Property Rights
his answer, in other words, his plea to the law, these cases must be tried continuously
information. until terminated within 60 days from
commencement of the trial and to be decided
NOTE: Arraignment is an indispensable within 30 days from the submission of the case.
requirement of due process.
Procedure of Arraignment
How Arraignment is Made
1. It must be in open court where the complaint or
The arraignment is made in open court by the judge information has been filed or assigned for trial;
or clerk by furnishing the accused with a copy of the
complaint or information, reading the same in the 2. By the judge or clerk of court;
language or dialect known to him, and asking him
whether he pleads guilty or not guilty. (Sec. 1(a), 3. By furnishing the accused with a copy of the
Rule 116, ROC, as amended) complaint or information;
GR: Judgment is void if accused has not been validly Right to Counsel de officio
arraigned.
While the right to be represented by counsel is
XPN: If accused went into trial without being immutable, the option to secure the services of
arraigned, the procedural defect was cured. The counsel de parte, however, is not. The court may
active participation in hearing is a clear indication restrict the accused’s option to retain a counsel de
that the accused is fully aware of the charges against parte if the accused insists on an attorney he cannot
him. (People v. Pangilinan, G.R. No. 171020, 14 Mar. afford or chooses a counsel who is not a member of
2007) In such case, an arraignment may be made the bar, or when the attorney declines to represent
after the case has been submitted for decision. the accused for a valid reason, such as conflict of
interests. (People v. Servo, G.R. No. 119217, 19 Jan.
2000)
2. There exists a valid prejudicial question; 1. Submission to the court’s jurisdiction; and
2. It cures the defect in his arrest.
3. A petition for review of the resolution of the
prosecutor is pending at the Department of Requisites of a Voluntary Plea of Guilty
Justice or the Office of the President (Sec. 11,
Rule 116, ROC, as amended); and 1. Spontaneous confession of guilt;
2. It is made in open court;
4. There are pending incidents such as:
Reception of Evidence in case the Accused When may Accused Enter a Plea of Guilty to a
Pleads Guilty Lesser Offense
The plea of guilty does not dispense with the The accused, with the consent of the offended party
presentation of evidence as it is merely a secondary and the prosecutor, may plead guilty to a lesser
basis of the guilt of the accused. offense which is necessarily included in the offense
charged. (Sec. 2, Rule 116, ROC, as amended)
1. For non-capital offenses – the reception of
evidence is merely discretionary on the part of Requisites for a Plea of Guilty to a Lesser Offense
the court. (Sec. 4, Rule 116, ROC, as amended) If Made at the Arraignment
the information or complaint is sufficient for
the judge to render judgment on a non-capital 1. The lesser offense is necessarily included in the
offense, he may do so. offense charged; and
2. For capital offense – the reception of evidence NOTE: It is necessarily included when some of
to prove the guilt and degree of culpability of the essential elements or ingredients of the
the accused is mandatory in which case, the crime charge constitute the lesser offense and
accused may present evidence in his behalf and vice versa.
the court shall conduct a searching inquiry into
the voluntariness and full comprehension of the 2. The plea must be with the consent of both the
consequences of his plea. (Sec. 3, Rule 116, ROC, offended party and the prosecutor. (Sec. 2, Rule
as amended) 116, ROC, as amended) Consent of the offended
A plea of not guilty shall be entered: party will not be required if said party, despite
due notice, fails to appear during arraignment.
1. When the accused so pleaded; (Riano, 2019)
2. When he refuses to plead; (Sec. 1(c), Rule 116,
ROC, as amended) or NOTE: The rule uses the word may in Sec. 2,
3. When he enters a conditional plea of guilty; Rule 116, denoting an exercise of discretion
(Sec. 1(c), Rule 116, ROC, as amended) upon the trial court on whether to allow the
accused to make such plea. (Daan v.
NOTE: A plea of guilt subject to a proviso that a Sandiganybayan, G.R. Nos. 163972-77, 28 Mar.
certain penalty be imposed upon the accused is 2008)
equivalent to a plea of not guilty and would,
therefore require a full-blown trial. (People v. Effect of Plea of Guilty without Consent of
Magat, G.R. No. 130026, 31 May 2000) Offended Party and Prosecutor
4. Where after a plea of guilty but presents If accused was convicted, the accused’s subsequent
exculpatory circumstances, his plea shall be conviction of the crime charged would not place him
deemed withdrawn and a plea of not guilt shall in double jeopardy. (Sec. 7(c), Rule 117, ROC, as
be entered for him; (Sec. 1(d), Rule 116, ROC, as amended)
amended) or
Q: Private respondent was charged with
5. When the plea is indefinite or ambiguous. violations of “Comprehensive Drug Act of 2002,”
NOTE: It is to be noted that the decision to accept or This procedure is mandatory, and a judge who fails
reject a plea-bargaining agreement is within the to observe it commits grave abuse of discretion. The
sound discretion of the court subject to certain reason for this strictness is to assure that the State
requirements of statutes or rules. (Amante- makes no mistake in taking life except the life of the
Descallar v. Judge Ramas, A.M. No. RTJ-08-2142 (OCA- guilty. (People v. Diaz, G.R. No. 119073, 13 Mar. 1996)
IPI No. 08-2779-RTJ), 20 Mar. 2009)
Purpose of the Presentation of Evidence after
A plea of guilty to a lesser offense to which he was the Plea of guilty
convicted of which was made without the consent of
the prosecution makes the plea bargaining is void, To preclude any room for reasonable doubt in the
rendering the judgment by the court void ab initio mind of either the trial court or of the Supreme
and cannot be considered to have attained finality Court, on review, as to the possibility that there
for the simple reason that a void judgment has no might have been misunderstanding on the part of
legality from its inception. (People v. Reafor, G.R. No. the accused as to the nature of the charges to which
247575, 16 Nov. 2020) he pleaded guilty; and to ascertain the
circumstances attendant to the commission of the
The DOJ Circular No. 27 provision pertaining to crime which justify or require the exercise of
acceptable plea bargain for Section 5 of R.A. No. greater or lesser degree of severity in the imposition
9165 did not violate the rule-making authority of of prescribed penalties. (People v. Busa, G.R. No. L-
the Court. DOJ Circular No. 27 merely serves as an 32047, 25 June 1973)
internal guideline for prosecutors to observe before
they may give their consent to proposed plea No Collateral Attack on Plea of guilty
bargains. (Sayre v. Xenos, G.R. Nos. 244413 & 244415-
16, 18 Feb. 2020) A plea of guilty entered by one who is fully aware of
the direct consequences, including the actual value
Duty of the Court after the Accused pleads guilty of any commitments made to him by the court, the
to a Capital Offense prosecutor, or his own counsel, must stand.
When the accused pleads guilty to a capital offense, NOTE: It is only when the consensual character of
the court shall: the plea is called into question that the validity of a
guilty plea may be impaired.
1. Conduct a searching inquiry into the:
a. Voluntariness of the plea; and
b. Full comprehension of the consequences of
the plea;
To determine whether the plea of guilty was made f. All questions posed to the accused should
voluntarily and whether the accused understood be in a language known and understood by
fully the consequence of his plea. the latter; and
Duty of the Judge in Conducting Searching g. The trial judge must satisfy himself that the
accused is truly guilty. (Riano, 2019 citing
Inquiry
People v. Pastor, 379 SCRA 181, 189-190;
The judge must convince himself that: People v. Mira. 535 SCRA 543, 551-552)
1. The accused is entering the plea voluntarily and NOTE: Conduct of a searching inquiry remains the
duty of judges, as they are mandated by the rules to
intelligently;
satisfy themselves that the accused had not been
2. There exists a rational basis for finding of guilt
based on accused’s testimony; and under coercion or duress; mistaken impressions; or
a misunderstanding of the significance, effects, and
3. Inform the accused of the exact length of
imprisonment and the certainty that he will consequences of their guilty plea. (People v.
serve it in a national penitentiary. Jandalani, et al., G.R. No. 188314, 10 Jan. 2011)
Further, a searching inquiry must not only comply It is a plea without information as to all the
with the requirements of Sec. 1, par. (a), of Rule 116 circumstances affecting it. It is based upon a
but must also expound on the events that actually mistaken assumption or misleading information or
took place during the arraignment, the words advice. (Black’s Law Dictionary)
spoken and the warnings given, with special
attention to the age of the accused, his educational Instances of Improvident Plea
attainment and socio-economic status as well as the
manner of his arrest and detention, the provision of 1. Plea of guilty was compelled by violence or
counsel in his behalf during the custodial and intimidation;
preliminary investigations, and the opportunity of 2. The accused did not fully understand the
his defense counsel to confer with him. These meaning and consequences of his plea;
matters are relevant since they serve as trustworthy 3. Insufficient information to sustain conviction of
indices of his capacity to give a free and informed the offense charged;
plea of guilt. Lastly, the trial court must explain the 4. Information does not charge an offense; or
essential elements of the crime he was charged with 5. Court has no jurisdiction.
and its respective penalties and civil liabilities, and
also direct a series of questions to defense counsel Period to Withdraw an Improvident Plea
to determine whether he has conferred with the
accused and has completely explained to him the The court may permit an improvident plea of guilty
meaning of a plea of guilty. This formula is to be withdrawn, at any time before the judgment of
mandatory and absent any showing that it was conviction becomes final and be substituted by a plea
followed, a searching inquiry cannot be said to have of not guilty. (Sec. 5, Rule 116, ROC, as amended)
been undertaken.
NOTE: The withdrawal of a plea of guilty at any time
Simply, the requirement ensures that the plea of before judgment is not a matter of strict right to the
guilty was voluntarily made and that the accused accused but of sound discretion to the trial court.
comprehends the severe consequences of his plea. (Sec. 5, Rule 116, ROC, as amended; People v.
This means asking a myriad of questions which Lambino, G.R. No. L-10875, 28 Apr. 1958) The reason
would solicit any indication of coercion, for this is that trial has already begun and the
misunderstanding, error, or fraud that may have withdrawal of the plea will change the theory of the
influenced the decision of the accused to plead case and put all past proceedings to waste.
guilty to a capital offense. Moreover, at this point, there is a presumption that
the plea was made voluntarily.
Thus, in every case where the accused enters a plea
of guilty to a capital offense, especially when he is Effect of Withdrawal of Improvident Plea
ignorant with little or no education, the proper and
prudent course to follow is to take such evidence as The court shall set aside the judgment of conviction
are available and necessary in support of the and re-open the case for new trial.
material allegations of the information, including
the aggravating circumstances therein enumerated, NOTE: Convictions based on an improvident plea of
not only to satisfy the trial judge himself but also to guilt are set aside only if such plea is the sole basis
1. In writing;
Purpose of Motion to Quash 2. Signed by the accused or his counsel; and
3. Specify distinctly the factual and legal grounds
The designated purpose of a motion to quash is to on which it is based. (Sec. 2, Rule 117, ROC, as
assail the validity of the criminal information for amended)
defects or defenses apparent on the face of the
information. (Galzole y Soriaga v. Briones and Thus, there can be no oral motion to quash.
People, G.R. No. 164682, 14 Sept. 2001)
NOTE: The court shall not consider any other
NOTE: A motion to quash based on double jeopardy ground other than those specifically stated in the
or extinction of the criminal action or liability, may, motion to quash except lack of jurisdiction over the
by their nature, be based on matters outside of the offense charged and when the information does not
allegations of the information or complaint. (Riano, charge an offense. (Omnibus Motion Rule, Sec. 2, Rule
2019) 117, ROC, as amended)
Double jeopardy, as a criminal law concept, refers to NOTE: This prohibits double jeopardy of
jeopardy of punishment for the same offense, punishment for the same offense.
suggesting that double jeopardy presupposes two
criminal prosecutions. (Riano, 2019 citing Garcia v. 2. When the act punished by a law and an
Sandiganbayan, 603 SCRA 348, 361) ordinance, conviction or acquittal under either
shall be a bar to another prosecution for the
A person who has been convicted, acquitted or the same act. (Sec. 21, Art. III, 1987 Constitution)
case against him dismissed or otherwise terminated
without his express consent cannot again be charged NOTE: This kind prohibits double jeopardy of
with the same or identical offense. punishment for the same act.
The Philippine Constitution does not prohibit Q: Manuel was charged with violation of a city
placing a person in jeopardy. What it prohibits is ordinance prohibiting the use of unauthorized
putting the accused in double jeopardy in which he installations of electric wirings. The case was
is put in danger of conviction and punishment for dismissed on the ground of prescription.
the same offense for more than once. (Riano, 2019) Subsequently, an information for theft of
electric power was filed against Manuel. May
Purpose of the Right against Double Jeopardy Manuel properly invoke the principle of double
jeopardy?
The purpose is to set the effects of the first
prosecution forever at rest, assuring the accused A: YES. The immediate physical effect of the
that he shall not thereafter be subjected to the unauthorized installation was the inward flow of
danger and anxiety of a second charge against him electric current into Manuel’s ice plant without the
for the same offense. (Caes v. Intermediate Appellate corresponding recording thereof in his electric
Court, G.R. Nos. 74989-90, 06 Nov. 1989) meter. In other words, the “taking” of electric
current was integral with the unauthorized
installation of electric wiring and devices. The
NOTE: In any of the foregoing cases, where the 5. The dismissal by a competent court motu
accused satisfies or serves in whole or in part the proprio of a valid information, after the accused
judgment, he shall be credited with the same in the has pleaded not guilty, does not bar further
event of conviction for the graver offense. (Sec. 7, prosecution for the same offense, if such
Rule 117, ROC, as amended) dismissal was made without prejudice to the
refiling of the case in the proper court. (People
The rule of identity does not also apply when the v. Manlapas, G.R. No. L-17993, 24 Aug. 1962)
second offense was not in existence at the time of
the first prosecution for the simple reason that in 6. The rule on double jeopardy does not apply to a
such case, there is no possibility for the accused, controversy where one is an administrative
during the first prosecution, to be convicted for an case, and the other is criminal in nature. (Riano,
offense that was then inexistent. (Melo v. People, G.R. 2019, citing Icasiano v. Sandiganbayan, G.R. No.
No. L–3580, 22 Mar. 1950) 95642, 28 May 1992)
Doctrine of Supervening Fact Q: Can the public prosecutor appeal the civil
aspect of a criminal case?
Where after the first prosecution a new fact
supervenes for which the defendant is responsible, A: NO. A public prosecutor cannot appeal the civil
which changes the character of the offense and, aspect of a decision in a criminal case. The acquittal
together with the facts existing at the time, of accused ends his work and the case is terminated
constitutes a new and distinct offense, the accused as far as the prosecutor is concerned. (Cruz v. CA,
cannot be said to be in second jeopardy, if indicted G.R. No. 123340, 29 Aug. 2002; Salazar v. People, G.R.
for the new offense. (People v. City Court of Manila, No. 151931, 23 Sept. 2003)
G.R. No. L-36342, 27 Apr. 1983)
Double Jeopardy in Quasi-Offenses
Q: Accused was charged with and convicted of
less serious physical injuries. The accused had Q: As a result of vehicular mishap, petitioner
already begun serving his sentence when it was was charged before the MTC of two separate
found out that the complainant’s injuries did not offenses in two information for:
heal within the period formerly estimated, and
so the provincial fiscal filed another information a. Reckless Imprudence Resulting in Slight
for serious physical injuries. The accused moved Physical Injuries; and
Petitioner pleaded guilty to the first information It contemplates that the dismissal of the action is
and was punished only by public censure. not permanent and can be revived within the period
Invoking such conviction, petitioner now moves set by the Rules of Court. (Riano, 2019)
for the quashal of the other information on the
ground of double jeopardy. Does double Period when Provisional Dismissal becomes
jeopardy apply to quasi-offenses? permanent
A: YES. The two charges arose from the same facts 1. Offenses punishable by imprisonment not
and were prosecuted under the same provision of exceeding 6 years or a fine of any amount, or
the RPC, namely Art. 365. The doctrine is that both – shall become permanent 1 year after
Reckless Imprudence under Art. 365 is a single issuance of the order without the case having
quasi-offense by itself and not merely a means to been revived.
commit other crimes. Hence, conviction or acquittal 2. Offenses punishable by imprisonment of
of such quasi-offense bars subsequent prosecution more than 6 years – shall become permanent 2
for the same quasi offense, regardless of its various years after issuance of the order without the
resulting acts. (Ivler v. Modesto- San Pedro, G.R. No. case having been revived. (Sec. 8, Rule 117, ROC,
172716, 17 Nov. 2010) as amended)
The one- or two-year period allowed for reviving a Under the Revised Guidelines for Continuous Trial
criminal case that has been provisionally dismissed of Criminal Cases, the arraignment and pre-
shall be reckoned from the issuance of the order of trial/preliminary conference are scheduled on the
dismissal. The dismissal shall become automatically same day.
permanent if the case is not revived within the
required period. Such permanent dismissal shall Furthermore, the Pre-Trial Order shall immediately
amount to an adjudication of the case on the merits. be served upon the parties and counsel on the same
(Sec. 14, A.M. No. 12-11-2-SC) day after its termination. (A.M. No. 15-06-10-SC)
NOTE: Although the rule states that the order of Court in which Pre-Trial is Mandatory
dismissal shall become permanent one year after
the issuance thereof without the case having been Pre-trial is mandatory in all criminal cases
revived, the provision should be construed to mean cognizable by the:
that the order of dismissal shall become permanent
one year after service of the order of dismissal on 1. Sandiganbayan;
the public prosecutor who has control of the 2. RTC;
prosecution without the criminal case having been 3. Metropolitan Trial Court;
revived. The public prosecutor cannot be expected 4. Municipal Trial Court in Cities;
to comply with the timeline unless he is served with 5. Municipal Trial Court; and
a copy of the order of dismissal. (Co v. New 6. Municipal Circuit Trial Court (Sec. 1, Rule 118,
Prosperity Plastic Products, G.R. No. 183994, 30 June ROC, as amended)
2014)
The holding of a pre-trial conference is mandatory
and failure to do so is inexcusable. When the law or
I. PRE-TRIAL procedure is so elementary, such as the provisions
(RULE 118) of the Rules of Court, not to know it or to act as if one
does not know it constitutes gross ignorance of the
law. Such ignorance of a basic rule in court
Pre-trial is a procedural device intended to clarify procedure, as failing to conduct a pre-trial, sadly
and limit the basic issues between the parties and to amounts to gross ignorance and warrants a
take the trial of cases out of the realm of surprise corresponding penalty. (National Power
and maneuvering. It thus paves the way for a less Corporations. Adiong (A.M. No. RTJ-072060
cluttered trial and resolution of the case. (LCK [Formerly OCA IPI No. 06-2498-RTJ]), 27 Jul. 2011)
Industries v. Planters Development Bank, G.R. No.
170606, 23 Nov. 2007) Matters to be Considered during Pre-Trial
NOTE: No evidence shall be allowed to be Duty of the Judge when Plea Bargaining is
presented and offered during the trial other agreed upon
than those identified and marked during the
pre-trial except when allowed by the court for During the pre-trial, the trial judge shall consider
good cause shown. (I-B (2), AM No. 03-1-09-SC) plea-bargaining arrangements, except in cases for
violations of the Comprehensive Dangerous Drugs
4. Waiver of objections to admissibility of Act regardless of the imposable penalty. (Sec. 23,
evidence; R.A. No. 9165)
5. Modification of the order of the trial if one of the
accused admits the charge but interposes a Duty of the Judge when Plea Bargaining fails
lawful defense (reverse trial); and
6. Such matters as will promote a fair and 1. Adopt the minutes of preliminary conference as
expeditious trial of the criminal and civil part of the pre-trial proceedings, confirm
aspects of the case. (Sec. 1, Rule 118, ROC, as markings of exhibits or substituted photocopies
amended) and admissions on the genuineness and due
execution of documents and list object and
NOTE: If the accused has pleaded not guilty to the testimonial evidence;
crime charged, he may state whether he interposes
a negative or affirmative defense. A negative 2. Scrutinize every allegation of the information
defense shall require the prosecution to prove the and the statements in the affidavits and other
guilt of the accused beyond reasonable doubt, while documents which form part of the record of the
an affirmative defense may modify the order of preliminary investigation and other documents
trial and require the accused to prove such defense identified and marked as exhibits in
by clear and convincing evidence. (Sec. 3, R.A. No. determining further admissions of facts,
8493, Speedy Trial Act) documents and in particular as to the following:
5. Require the parties to submit to the Branch COC 1. Requiring the private offended party to appear
the names, addresses and contact numbers of thereat for purposes of plea-bargaining and for
witnesses that need to be summoned by other matters requiring his presence;
subpoena; and
2. Referring the case to the branch clerk of court, if
6. Consider modification of order of trial if the warranted, for a preliminary conference to be
accused admits the charge but interposes a set at least 3 days prior to the pre-trial to mark
lawful defense. (A.M. No. 03-1-09-SC) the documents or exhibits to be presented by
the parties and copies thereof to be attached to
Duty of the Judge before Pre-trial Conference the records after comparison and to consider
other matters as may aid in its prompt
The judge before pre-trial conference must study disposition; and
the following:
3. Informing the parties that no evidence shall be
1. Allegations of the information; allowed to be presented and offered during the
2. Statements in the affidavits of witnesses; and trial other than those identified and marked
3. Other documents which form part of the record during the pre-trial except when allowed by the
of the preliminary investigation. (A.M. No. 03-1- court for good cause shown. In mediatable
09-SC) cases, the judge shall refer the parties and their
counsel to the Philippine Mediation Center unit
Duty of the Branch Clerk of Court during the for purposes of mediation if available. (A.M. No.
Preliminary Conference 03-1-09-SC)
During the preliminary conference, the branch clerk What the Court should do when Prosecution and
of court shall: Offended Party agree to the Plea offered by the
Accused
1. Assist the parties in reaching a settlement of the
civil aspect of the case; The court shall:
2. Mark the documents to be presented as exhibits
and copies thereof attached to the records after 1. Issue an order which contains the plea
comparison; bargaining arrived at;
3. Ascertain from the parties the undisputed facts 2. Proceed to receive evidence on the civil aspect
and admissions on the genuineness and due of the case; and
execution of documents marked as exhibits; 3. Render and promulgate judgment of conviction,
and including the civil liability or damages duly
4. Consider such other matters as may aid in the established by the evidence. (A.M. No. 03-1-09-
prompt disposition of the case. (A.M. No. 03-1- SC)
09-SC)
1. PRE-TRIAL AGREEMENT admitted given that the defense failed to object to its
admission. (People v. Likiran, G.R. No. 201858, 04
All agreements or admissions made or entered into June 2014)
during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel; Amendment of Pre-Trial Agreement
otherwise, the same cannot be used against the
accused. (Sec. 2, Rule 118, ROC, as amended) (2004 Pre-trial may be amended on the grounds of:
BAR)
1. Agreement; or
NOTE: The court shall approve the agreements 2. Palpable mistake.
covering the matters in the pre-trial conference.
2. NON-APPEARANCE DURING PRE-TRIAL
Pre-Trial Agreement as Evidence
Effect of Non-appearance of Counsel for the
Requisites before a pre-trial agreement may be used Accused or the Prosecutor during the Pre-Trial
as evidence: without Valid Justification
1. It is reduced in writing; and The court may impose proper sanctions or penalties
2. Signed by the accused and his counsel. in the form of reprimand, fines or imprisonment, if
the counsel does not offer an acceptable excuse for
The agreements in relation to matters referred to in his lack of cooperation. (Sec. 3, Rule 118, ROC, as
Sec. 1, Rule 118 are subject to the approval of the amended; Sec. 5, R.A. No. 8493, Speedy Trial Act)
court. (Sec. 2, Rule 118, ROC, as amended) Provided,
that the agreement on the plea of the accused to a Rationale of the Exclusion of the Accused in the
lesser offense may only be revised, modified, or Mandatory Appearance during Pre-trial
annulled by the court when the same is contrary to
law, public morals, or public policy. (Sec. 3, R.A. No. The principal reason why the accused is not
8493, Speedy Trial Act) included in the mandatory appearance is the fear
that to include him is to violate his constitutional
NOTE: The requirement of Sec. 2, Rule 118 of the right to remain silent. (Sec. 12(1), Art. III, 1987
Revised Rules on Criminal Procedure is intended to Constitution)
further safeguard the rights of the accused against
improvident or unauthorized agreements or NOTE: Unless otherwise required by the court,
admissions which his counsel may have entered personal appearance of the accused at the
into, or which any person may have ascribed to the conference is not indispensable. This is aside from
accused without his knowledge, as he may have the consideration that the accused may waive his
waived his presence at the pre-trial conference. presence at all stages of the criminal action, except
(People v. Uy, G.R. No. 128046, 07 Mar. 2000) at the arraignment, promulgation of judgment or
when required to appear for identification.
Stipulation of facts during pre-trial is allowed by (Regalado, 2008)
Rule 118 of the Revised Rules of on Criminal
Procedure. Sec. 2 of Rule 118, meanwhile, prescribes 3. PRE-TRIAL ORDER
that all agreements or admissions made or entered
during the pre-trial conference shall be reduced in Pre-Trial Order
writing and signed by the accused and counsel,
otherwise, they cannot be used against the accused. It is an order issued by the court reciting the actions
In this case, while it appears that the pre-trial taken, the facts stipulated, and the evidence marked
agreement was signed only by the prosecution and
defense counsel, the same may nevertheless be
Summary of Periods
Arraignment
a. Within 30 days from the date the court
acquires jurisdiction over the accused, unless
a shorter period is provided by special law or
Supreme Court circular. (Sec. 1(g), Rule 116,
ROC, as amended)
Commencement of trial may be extended based on c. If the information is dismissed upon motion of
the following conditions: the prosecution and thereafter a charge is filed
against the accused for the same offense, any
1. For the 180 days, for the first 12 calendar period of delay from the date the charge was
month period from the effectivity of the law; dismissed to the date the time limitation would
2. 120 days for the second 12-month period; and commence to run as to the subsequent charge
3. 80 days for the third 12-month period. (Sec. 9, had there been no previous charge;
R.A. No. 8493)
d. A reasonable period of delay when the accused
Exclusions in Computation of Time within which is joined for trial with a co-accused over whom
Trial must Commence the court has not acquired jurisdiction, or, as to
whom the time for trial has not run and no
1. Any periods of delay resulting from other motion for separate trial has been granted; and
proceedings concerning the accused, including
but not limited to the following: e. Any period of delay resulting from a
continuance granted by any court motu proprio,
a. Examination of the physical and mental or on motion of either the accused or his
condition of the accused; counsel, or the prosecution, if the court granted
b. Proceedings with respect to other criminal the continuance on the basis of its findings set
charges against the accused; forth in the order that the ends of justice served
c. Extraordinary remedies against by taking such action outweigh the best interest
interlocutory orders; of the public and the accused in a speedy trial.
d. Pre-trial proceedings; provided, that the (Sec. 3, Rule 119, ROC, as amended)
delay does not exceed 30 days;
e. Orders of inhibition, or proceedings Q: In a petition assailing the validity of the order
relating to change of venue of cases or of the trial court, the petitioner insists that the
transfer from other courts; judge acted with grave abuse of discretion when
f. A finding of the existence of a prejudicial it dismissed the criminal case against the
question; or accused on the ground that that the 30-day time
g. Those delays reasonably attributable to limit set by Rule 119 had been breached. It is
any period, not to exceed 30 days, during further claimed by the petitioner that their
which any proceeding concerning the pending petition for transfer of venue should
accused is actually under advisement. interrupt proceedings and, therefore, halt the
running of the 30-day time limit. Is the petition
meritorious?
Remedies of the Accused when a Prosecuting 3. The prosecution may present rebuttal evidence
Officer without just cause secures unless the court, in furtherance of justice,
postponements of the trial against his protest permits them to present additional evidence
beyond a reasonable period of time: bearing upon the main issue.
In criminal cases, the trial shall proceed in the Q: What is reverse trial and when may it be
following order: resorted to? Explain briefly. (2012 BAR)
1. The prosecution shall present evidence to A: When the accused admits the act or omission
prove the charge and, in the proper case, the charged in the complaint or information but
civil liability. interposes a lawful defense, the trial court may
GR: When it becomes manifest at any time before 1. At arraignment and plea, whether of innocence
judgment that a mistake has been made in charging or of guilt; (Sec. 1(b), Rule 116, ROC, as amended)
the proper offense, the accused cannot be convicted 2. During trial whenever necessary for
of the offense charged or any other offense identification purposes; (Sec. 1(c), Rule 115,
necessarily included therein. ROC, as amended) and
3. At the promulgation of sentence, unless it is for
XPN: The accused shall not be discharged if there a light offense, in which case, the accused may
appears to be a good cause to detain him. In such appear by counsel or representative. (Sec. 6,
case, the court shall commit the accused to answer Rule 120, ROC, as amended)
for the proper offense and dismiss the case upon
filing of the proper information. (Sec. 19, Rule 119, Waiver of Right
ROC, as amended)
GR: The accused may waive his presence at the trial
NOTE: This rule is predicated on the fact that an pursuant to the stipulations set forth in his bail.
accused has the right to be informed of the nature (Sec. 1(c), Rule 115, ROC, as amended)
and cause of the accusation against him.
XPN: Unless his presence is specifically ordered by
Reopening of the Proceedings the court for purposes of identification. (Sec. 1(c),
Rule 115, ROC, as amended)
At anytime before finality of judgment of conviction,
the judge may motu proprio or upon motion, with Duty of the Public Attorney when Accused is
hearing in either case, reopen the proceedings to imprisoned
avoid a miscarriage of justice. The proceedings shall
It shall be his duty to do the following:
c. Upon receipt of such notice, the public attorney 2. His absence is brought by either of the
shall promptly seek to obtain the presence of following:
the prisoner for trial.
a. His whereabouts are unknown; or
d. When the custodian of the prisoner receives b. His whereabouts cannot be determined by
from the public attorney a properly supported due diligence.
request for the availability of the prisoner for
purposes of trial, the prisoner shall be made NOTE: A witness shall be considered unavailable
available accordingly. (Sec. 7, Rule 119, ROC, as even if his whereabouts are known but his presence
amended) for the trial cannot be obtained by due diligence.
(Sec. 3(b), Rule 119, ROC, as amended)
Conduct of Trial for Several Accused
Effect of Absence of Witness
GR: When two or more persons are jointly charged
with an offense, they shall be tried jointly. This rule Any period of delay resulting from the absence or
is so designed as to preclude a wasteful expenditure unavailability of an essential witness shall be
of judicial resources and to promote an orderly and excluded in computing the time within which trial
expeditious disposition of criminal prosecutions. must commence. (Sec. 3, Rule 119, ROC, as amended)
XPN: The court, in its discretion and upon motion of Appearance of Material Witness
the prosecutor or any of the defendants, may order
a separate trial for one or more accused. (Sec. 16, Either party may, upon motion, secure an order
Rule 119, ROC, as amended) from the court for a material witness to post bail for
such sum as maybe deemed proper, if the court is
NOTE: In the interest of justice, a separate trial may satisfied upon either proof or oath that a material
be granted even after the prosecution has finished witness will not testify when required. (Sec. 14, Rule
presenting its evidence in chief. (Joseph v. Villaluz, 119, ROC, as amended)
G.R. No. L-45911, 11 Apr. 1979)
If the witness refuses to post bail, the court shall
If a separate trial is granted, the testimony of one commit him to prison until he compiles or is legally
accused imputing the crime to his co-accused is not discharged after his testimony has been taken.
admissible against the latter. In joint trial, it would (Ibid.)
be admissible if the latter had an opportunity for
cross-examination.
A: NO. The holding of trial in absentia is authorized When it satisfactorily appears that a witness for the
by law. Under Sec. 14 (2), Art. III of the 1987 prosecution is too sick or infirm to appear at the
Constitution, “after arraignment, trial may proceed trial as directed by the court, or has to leave the
notwithstanding the absence of the accused Philippines with no definite date of returning, he
provided that he has been duly notified and his may forthwith be conditionally examined before the
failure to appear is unjustifiable.” The failure of the court where the case is pending. Such examination,
accused to appear before the court in spite of notice in the presence of the accused, or in his absence
has been considered a waiver of their right to be after reasonable notice to attend the examination
present at their trial, and the inability of the court to has been served on him, shall be conducted in the
notify them of the subsequent hearings did not same manner as an examination at the trial. Failure
prevent it from continuing with their trial. They or refusal of the accused to attend the examination
were deemed to have received notice. Thereafter, after notice shall be considered a waiver. The
the trial court had the duty to rule on the evidence statement taken may be admitted in behalf of or
presented by the prosecution against all the accused against the accused. (Sec. 15, Rule 119, ROC, as
and to render its judgment accordingly. (Bernardo v. amended)
People, G.R. No. 166980, 04 Apr. 2007)
In order for the testimony of the prosecution
Remedy when Accused is not brought to Trial witness be taken before the court where the case is
within the Prescribed Period being heard, it must be shown that the said
prosecution witness is either: (a) too sick or infirm
If the accused is not brought to trial within the time to appear at the trial as directed by the order of the
limit required by Sec. 1(g), Rule 116, and Sec. 1, as court, or; (b) has to leave the Philippines with no
extended by Sec. 6, Rule 119, the information may be definite date of returning. (People v. Sergio, G.R. No.
dismissed on motion of the accused on the ground 240053, 09 Oct. 2019, J. Hernando)
of denial of his right to speedy trial. (Sec. 9, Rule 119,
ROC, as amended) PEOPLE v. SERGIO
G.R. No. 240053, 09 Oct. 2019
NOTE: The dismissal shall be subject to the rules on
double jeopardy. (Ibid.) Q: In October 2010, the Supreme Court of
Indonesia affirmed the conviction of Mary Jane
Burden of proving the Motion for drug trafficking and sentenced her to death
by firing squad. Meanwhile, in the Philippines,
The accused has the burden of proving the motion, Cristina and Julius were arrested by the
but the prosecution shall have the burden of going operatives of the Anti-Human Trafficking
forward with the evidence to establish the exclusion Division of the NBI, and were charged with
of time under Sec. 3, Rule 117, ROC, as amended. qualified trafficking in person and with the
(Ibid.) crime of illegal recruitment. Upon arraignment,
Cristina and Julius entered a plea of “not guilty”
on all charges.
Q: Petitioner claims that the public respondent 1. When the accused fails or refuses to testify
judge erred when it ordered the discharge of against his co-accused in accordance with his
private respondents as state witnesses when the sworn statement constituting the basis of his
latter were already charged along with the other discharge; (Sec. 18, Rule 119, ROC, as amended)
accused, including him, before they were 2. Failure to testify refers exclusively to
admitted to the Witness Protection under R.A. defendant’s will or fault; and
No. 6981. Petitioner argues that if this were to be 3. Where an accused who turns into a state
allowed, the same is tantamount to permitting witness on a promise of immunity but later
NOTE: Both require that there is absolute necessity For the writ to issue, the trial court must be shown
for the testimony and that there is no other direct to have acted with grave abuse of discretion
evidence available for the prosecution of the offense amounting to lack or excess of jurisdiction such as
committed. where the prosecution was denied the opportunity
to present its case or where the trial was a sham
thus rendering the assailed judgment void. The
5. DEMURRER TO EVIDENCE
burden is on the petitioner to clearly demonstrate
that the trial court blatantly abused its authority to
It is an objection by one of the parties in an action to
a point so grave as to deprive it of its very power to
the effect that the evidence which his adversary
dispense justice. (People v. Sandiganbayan, G.R. No.
produced is insufficient in point of law to make out
174504, 21 Mar. 2011)
a case or sustain the issue. (Nicolas v.
Sandiganbayan, G.R. Nos. 175930-31, 11 Feb. 2008)
Effect of filing a Demurrer with Leave of Court vs.
Filing a Demurrer without Leave
NOTE: A demurrer to evidence is actually a motion
to dismiss that is filed by the accused after the
DEMURRER WITH DEMURRER
prosecution has rested its case.
LEAVE OF COURT WITHOUT LEAVE
OF COURT
To be considered sufficient, the evidence must
prove: Denial of Demurrer
It is tantamount to a
1. The commission of the crime; and waiver of the accused’s
2. The precise degree of participation therein by right to present
The accused may
the accused. (Singian, Jr. v. Sandiganbayan, G.R. evidence and as a
proceed with the
No. 195011-19, 30 Sept. 2013) consequence the case
presentation of his
will be submitted for
evidence.
RULES ON DEMURRER TO EVIDENCE judgment on the basis
of the evidence for the
How made 1. Court on its own initiative; or
prosecution.
2. Upon filing of the accused for
demurrer of evidence: Grant of Demurrer
a. With leave of court; or The case is dismissed, and the effect is an
b. Without leave of court. acquittal.
When made After the prosecution rests its Motion for Leave of Court
case. The motion for leave of
Ground Insufficiency of evidence court to file a demurrer
to evidence shall
e. Motion for Bill of particulars that does not f. Motion to discharge accused as a state
conform to Sec. 9, Rule 116 of the Rules of witness; (Sec. 17, Rule 119, ROC, as
Court. amended)
f. Motion to Suspend the arraignment based g. Motion to quash search warrant under (Sec.
on grounds not stated under Sec. 11, Rule 14, Rule 126, ROC, as amended) or motion to
116 of the Rules of Court. suppress evidence; and
g. Petition to Suspend the criminal action on h. Motion to dismiss on the ground that the
the ground of prejudicial question, when no criminal case is a Strategic Lawsuit Against
civil case has been filed, pursuant to Sec. 7, Public Participation (SLAPP) under Rule 6
Rule 111 of the Rules of Court. of the Rules of Procedure for
Environmental Cases.
h. Motion for Postponement, except if it is
based on acts of God, force majeure or Rules on Motion for Postponement
physical inability of the witness to appear
and testify. 1. A motion for postponement may be written or
oral;
3. Meritorious Motions – Motions that allege 2. It shall be at all times accompanied by the
plausible grounds supported by relevant original receipt from the Office of the Clerk of
documents and/ or competent evidence, except Court evidencing payment of the postponement
those that are already covered by the Revised fee under Sec. 21(b), Rule 141 of the Rules of
Guidelines, are meritorious motions, such as: Court;
3. The original receipt of payment shall be
a. Motion to withdraw information, or to submitted to either at the time of the filing of
downgrade the charge in the original said motion or not later than the next hearing
information, or to exclude an accused date; and
originally charged therein, filed by the 4. The Clerk of Court shall not accept the motion
prosecution as a result of a reinvestigation, unless accompanied by the original receipt.
reconsideration, and review;
Free Legal Assistance The above mandate is founded on the theory that a
crime is a breach of the security and peace of the
If a party fails to qualify to avail of the services of the people at large, an outrage against the very
Public Attorney's Office:- sovereignty of the state. It follows that a
representative of the State shall direct and control
1. The Integrated Bar of the Philippines Local the prosecution of the offense. (Tan v. Gallardo, G.R.
Chapter shall provide free legal assistance to No. L-41213-14, 05 Oct. 1976)
said party;
2. The IBP Local Chapter shall submit to the Consolidations
Executive Judges a list of IBP-local lawyers who
may be appointed by the courts to act as counsel 1. Newly filed Cases – When newly filed criminal
de officio in such cases; and cases involving offenses based on the same facts
3. The lists shall be disseminated among all the or forming part of a series of offenses of similar
trial courts in the station. (Par. 3, A.M. No. 15-06- character, are accompanied by a motion for
10-SC) consolidation filed by the Office of the
Prosecutor, the Executive Judge shall cause the
NOTE: The IBP Local Chapter is also duty-bound to raffle to only one court which shall then resolve
submit the names of local lawyers to the Executive said motion for consolidation, preferably on the
Judge who may be appointed as counsel de officio. date of the arraignment and in the presence of
(Moya, 2018) the accused and counsel.
With this authority on record, the court may set the The subsequent case shall be assigned directly
trial in the case and in other cases tried by private by the Executive Judge to the court where the
prosecutors with delegated authority on separate earlier case is pending. If the earlier case is
days when the presence of the public prosecutor already at the trial stage and witnesses have
been presented, the parties may be allowed to
In multiple cases, the court, upon personal b. Plea of Guilty to the Crime Charged in the
examination of the accused, may allow a waiver Information – If the accused pleads guilty
of the reading of the information upon the full to the crime charged in the information,
understanding and express consent of the judgment shall be immediately rendered,
accused and his/her counsel, which consent except in those cases involving capital
shall be expressly stated in both the minutes/ punishment.
certificate of arraignment and the order of
arraignment. The court shall explain the waiver c. Where No Plea Bargaining or Plea of
to the accused in the language or dialect known Guilty Takes Place – If the accused does
to him/her, and ensure the accused's full not enter a plea of guilty, whether to a
understanding of the consequences of the lesser offense or to the offense charged in
waiver before approving the same. the information, the court shall
immediately proceed with the arraignment
In multiple cases, the court, upon personal and the pre-trial, in accordance with the
examination of the accused, may allow a waiver succeeding provisions on pre-trial.
of the reading of the information upon the full
understanding and express consent of the The schedule of the trial dates, for both the
accused and his/her counsel, which consent prosecution and the accused, shall be
shall be expressly stated in both the minutes/ continuous and within the periods
certificate of arraign1nent and the order of provided in the Regular Rules/ Special
arraignment. The court shall explain the waiver Rules. The trial dates may be shortened
to the accused in the language or dialect known depending on the number of witnesses to
to him/her, and ensure the accused's full be presented. In this regard, a flowchart
understanding of the consequences of the shall be prepared by the court which shall
waiver before approving the same. serve as the final schedule of hearings.
In all other cases where the culpability or the 1. For the accused – Secs. 12 and 13, Rule 119
innocence of the accused is based on the of the Rules of Court on the application for
testimonies of the alleged eyewitnesses, the examination of witness for accused before
testimonies of these witnesses shall be in oral trial and how it is made; and
form. 2. For the prosecution – Sec. 15, Rule 119 of the
Rules of Court on the conditional
NOTE: Mere relationship of the witness with the examination of witness for the prosecution.
victim does not necessarily tarnish the witness’
testimony. When there is no showing of improper b. Absence of counsel de parte – In the absence of
motive on the part of the witness in testifying the counsel de parte, the hearing shall proceed
against the accused, her relationship with the victim upon appointment by the court of a counsel de
does not render her testimony less worthy of officio.
credence. In fact, relationship itself could even