when judgment is final

a. After the lapse of the period for perfecting an appeal; (15 days after the judgment)

b. When the sentence has been partially/totally satisfied or served;

c. The accused has waived in writing his right to appeal;

d. When the accused has applied for probation; and

e. Judgment also becomes final when judgment is an acquittal.

Exception: where the death penalty is imposed

grounds for new trial

The errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the
trial;

The new and material evidence has been discovered which the accused could not with reasonable diligence have
discovered and produced at the trial and which if introduced and admitted would probably change the judgment. (2a)

1. petition for certiorari

elements of double jeopardy

A court of competent jurisdiction

Valid complaint or information

Arraignment

Valid plea

Defendant was acquitted or convicted, or the case was dismissed or otherwise terminate without the express consent of
accused.

grounds for suspension of arraignment

The accused appears to be suffering from an unsound mental condition which effective renders him unable to fully
understand the charge against him and to plead intelligently thereto. In such case, the court shall order his mental
examination and, if necessary, his confinement for such purpose;

There exists a prejudicial question; and

A petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of
the President; provided, that the period of suspension shall not exceed sixty (60) days counted from the filing of the
petition with the reviewing office.

elements of prejudicial question

(a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action; and

(b) the resolution of such issue determines whether or not the criminal action may proceed.

discharge of accused as state witness

(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.

motion to quash -grounds

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information had no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by
law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his express consent

bail- matter of right/discretion

All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognize as
prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court,
Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an
offense not punishable by death, reclusion perpetua, or life imprisonment.

Bail, when discretionary. — Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by
the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate
court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-
bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be
admitted to bail when evidence of guilt is strong, if not strong bail is discretionary