Rule 118 Before an arraignment, court should have at least acquired juris.

. By arrest or voluntary surrender; if arrested, info in court already, he is brought to the nearest police station extension of city jail; the person will be detained as a rule except if there is BAIL; once info is in court and arrested, brought to police station, will be there until applies for bail; but there are also offenses that are non-bailable; arrest or voluntary surrender period of 30 days runs; arraignemnt should be within 30 days apply for bail, go to court, court grants bail, court sets arraignment immediately; Pre trial should be scheduled no later than 30 days just like arraignment (?) from the time court acquired jurisdiction After arraignment but within 30 days, so from time person is arrested until pre trial is concluded Pre-trial 30 days unless after arraignment; period of 30 days: both arraignment and pre-trial 30 days from the time acquires court gets jurisdiction, set it for arraignment, then set for pre-trial no objection on both patties put that in writing can arraignment be for a shorter period? YES. pd of 10 days if person is detained pre-trial is mandatory! Is there a prelim conference! YES! before the clerk of court. will form part of the records of the pre-trial Plea bargaining last opportunity to plead guilty to a lesser offense; Garcia: during trial alredy You could change your plea even during trial! Can you compromise a criminal case? NO! rule 130 (rule in evidence, section 26 or 27) * RULE: if accuse offers to compromise in criminal case, IMPLIED ADMISSION OF LIABILITY * civil cases can be compromised at any stage, even circuralized * could be subject to a compromise, but only on the civil aspect * judicial dispute resolution 2006 only ont eh CIVIL aspect, even without circular, recognized in Evidence * homicide cannot be compromised * how can you compromise dismissal of civil aspect of criminal case referred to a mediator 1.) clerk of court

once reach the court, mediatable case, referred to a mediator, if not settled, returned to the judge, thenw ill proceed on pre-trial proper; if case is settled, case is settled there in court, there was a settlement before the mediator, tapos na ang civil, but the criminal is not yet terminated but that is the concern of the state. Civil aspect is only for the offended party; why will comrpmise civil aspect of criminal case if criminal case will not be settled? Unwritten law! They will enter into compromise, compromise agreement submitted to court, offended party no longer interested, wirntess of the state is offended party, complaining witness is witnesss of the state course of compromise, desistance na affidavit of desistance! breaking down the elements of the crime; if there is an affidavit of desistance of complaining witness, make sure he sits on the witness stand; that affidavit is true as to its contents; have the accused arraigned first so that double deopady willla ttach! Without arraignment not attached. If move for dismissal, make sure accuse dis arraigned before prosecution moves for dismissal, so sdoublt will attach, because if dismissed without arraignment or plea, can be revived. * eye witness: saw victim is stabbed not so sure because not well lighted or not wearing glasses affidavit of desistance, show after arraignment jurisprudence frowns upon affidavit of desistance; upon duress or force affidavit of desistance, if it was, court could easily turn around GR: juris frons upon an affidavit of desistance, usually court thinks it is for a consideration r under duress Judicial dispute resolution more focused application of the guidelines of 2004; when a case is raffled goes to judge, based on JVR, judge first assigned will have opportunity to mediate, independent conciliator, but this jduge already has a mindset judge who is the mediator will be JDR judge once process is completed, raffled to a new judge, trial judge, address problems of judges having mindset (p. 532 riano) JDR judge: mediator/ conciliaor, then will be raffled to a new judge trial judge * complainant absent wont cause dismissal of case accused is absent it is the counsel that shouldnt be absent cancelled for the time being if accused is absent, lawyers that have sanctions! If complainant is absent, case wont be dismissed because he is only a witness! Its the state who is the plaintiff. UNLESS speedy trial if accused absent, court will require bondsman to explain absence and to bring the body; court require bondsmand and explain within 30 days to bring body: this is theoretical. In court, judge wont look for bondsman, judge whats your pleasure> will movie to forfeit in favor of state, so that they dont wait for 30 days

admission of accused can be taken against him when he puts it into writing and signed by the counsel and the accused requirement in criminal cases admission to be taken against the accused should be assigned by the accused and the counsel what form of writing? IN PUBLIC INSTRUMENT. Courts have ways: 1.) in the transcript 2.) common way: pre-trial order! This is a narrative of what transpired during pre-trial conference; judges would require consel of accused and accused himself to sign trial who wil present first? 1.) Prosecution brief, evidence will be presented through the witnesses, must present most important witness in court, prioritize who to present; one-day examination of witness witnesses are presented when the prosecution is asked to present; generally, only a witness could identify objects or documents, so you need witnesses! 2.) defense periof for court to commence trial: trial should commence within 30 days from receipt of the pre trial order -> are you mandated to proceed? Some: will not go to trial without pre-trial order motion for cancellation of hearing bec. no pre-trial order yet; some: not antagonize judge and will appear but will tell judge, pre trial order has not been given; PTO: dictates conduct of trial! Cannot present documents that were not presented during the pre trial or witnesses; but if it is not a faithful reproduction of what parties dicussed during pre trial, can be amended, will go back to transcript of stenographic notes if amendment is consistent, assuming amenment is not consistent with the PT conference; transcript will form part of the records, it wil be elevated some if cant win in the trial, will go for the transcript! What I say today can be forgotten, transcript, cannot! Guard your transcript!!! PERIODS are IMPT! preparation for trial: period from arraignment to trial: trial is concluded within a period of 180 days, arraignment to trial is PERIODS: * 15 days from accuseds plea of guilty * arraignment to trial 8- days: section 6, rule 119 * trial within 180 days * ampatuan case running for 2 years excusion! thats why there is section 3 extraordinary remedy: CERTIORARI not ordinary in a criminal case; rule in criminal case: should not be interrupted until judgment; why is this the rule: instances wherein there are legitimate certioari issues; GR: procedures in criminal case will not be interrupted unless there is a C amounting to GADALEJ; ex: Webb case, should further depositions be legtimiate

where depositions could be taken; there could be legitimate that could be elevated to the court, will not violate right to speedy trial; 1 case decided by the court: 20 postponeents, included or excluded? ALL EXCLUDED! So not in violation of the right to speedy trial cannot use any matter that was tajen up in mediation 15 days for preparation for trial: 119: after a plea of NOT guilty, party could be given 15 days to prepare for trial only guarantees the 15 days so long after its a plea of NOT guity YOU CANNOT DISPENSE WITH PRE-TRIAL. 15 days only a guaranteed period for pre trial. Only means after a plea of not guilty could you prepare for 15 days counted from a plea of not guilty. Still go to pre-trial if there is a plea of guilty? NO. if there is a plea og guilty, unless it is a capital offense, wala nay an! Penalty lang pinaguusapan. Inamin mo na eh. Only instance for mandatory: capital offense; kahit umamin! All other offenses, wala na, no need for pre trial; What are the other exclusions? Unavailable whereabouts are known Absence whereabouts are not known When will the court grant a continuance? in the discretion of the court lack of preparation not a ground section 4: not grounds for continuance: congestion, lack of preparation, failure to obtain witnesses on the part of the prosecutor what is the consequence if the lawyer tells the court he is available but not, false reason for cancellation of hearing: fined! Speedy trial: Rules of court: WHEN? At any time before trial. Speedy trial under ruels of court is invoked at any time before trial section 9n Constitution: speedy disposition of cases. For as long as the action is pending, cannot be at any time before trial, but as long as action is pending Effect of grant of motion: ACQUITTAL; speedy disposition CONDITIONAL EXAMINATION OF WITNESSES: Reverse trial would depend on courts discretion CONDITIONAL EXAMINATION OF WITNESSES: PROSECUTION can present its witness and also the accused; but there are times when their witnesses are known but not available Ground when a prosecution can a conditional examination vs. regular examination?

1.) conditional: court where the action is pending because the conditional examination could be before the trial; usually only before the trial; but in conditional, witness is about to depart and not yet trial rule 23 cannot apply deposition would like to use deposition in criminal cases but would apply rule 23 in a criminal case, so court resolves this problem: cannot apply rukle 23, because there is a specific provision o the matter, equivalent of deposition in criminal cases is conditional examination in sections 12-14 of rule 120 rule rules of civil procedure has suppletory action to criminal btu when there is specific rule on the matter, the spcieif rule will apply STATE WITNESS - WITNESS: a person who is able to proceed, and pr, rule 130, section 20. who can perceive, and perceiving, can make known their perception to others, may be witnesses - Testify if the person actually talked (?) - Should have personal knowledge of the facts - He should not be the most guilty - If 5 accused, there can be 2 state witnesses - moral turpitude: perjury, falsification, BP 22 - no direct evidence: no other witness as could testify to the fact, mostly state witnesses are the lookouts, the accomplices, not the principals; direct evidence: no one to positively point to the commission of the offense - corroborate: other evidence that could support the testimony they are evidence but would not directly point to its commission would only support! If not such testminoy, it would fail - are state witnesses freed from criminal liability? - Not admissible! Only admissible once accepted as state witness - When can you apply to be a state witness: before resting its case, if accused is presenting its evidence, accuse cannot anymore! Submit an affidavit too! - Not automatic state witness! You should be arraigned; on WPP, you were not charged! Excludede from information, so never will charged; downside: NO DOUBLE JEOPARDY ATTAHCES; at some future time, you could prosecuted; state witness also under a WPP? YES. state witness under the WPP are different from rules of court, but requisites are the same. *YU vs. _______ DEMURRER TO EVIDENCE Rule 33 and Rule 119 when they submit a formal offer of evidence marked, but not yet evidence, so need formal offer of evidence at the end criminal cases: judges allow orally, prosecutor: they will put their evidence at the back potion of folder, promissory notes, receipts your honr donw tih e 3 witnesses, can I make a formal offer exhibitsyou could file after that could you file demurrer to evidence even without leave of court leave of court: asking court for permission leave for presentment of evidence, if denied, judgment is rendered

 conseuqcen is serious if leave is not asked! can you file demurrer without leave of court? YES! but consequences are serious leave of court, but demurrer denied, can still present evidence ADVERSE JUDGMENT - available remedies - if acquittal no MR or appeal - options if for accused and adverse judgment: file a MR, motion for new trial, appeal - how is a judgment rendered/ promulgated in a criminal case? - Judge should be preparing his own decision and sign it - Judge who has just been promoted can render a judgment? - Judge can render a judgment as long as he - Can he continue to render a decision after he has been promoted? Can still decide cases pending in his sala? Not because he penned the decision or heard the case doesnt mean that judge who heard the case should render the decision. No such thing! FOR AS LONG AS THERE IS AHTORITY! RESIGNED, REMOVED, PROMTOTED has your appointment been finalized? Could be heard by the other judge, new appointed judge could render the decision JUDGMENTS THAT HAVE ATTAINED FINALITY ARE IMMUTABLE AND UNALTERABLE Judgment is final and executory if period for you to do something like motion for MR has already lapsed There will only be an entry of judgment once jdumnet has attained fainlity or become final and executory, if wala yung latter, no entry, entryonly comes in when final and executory, what if file enty before lapse, there will be entryafter lapse of 15 day period PROMULGATION the accused should be presnent! MR, MNT, Appeal

* there are instances when trial

* congestion of court dockets is not an excuse (119); 116 arraignment within 30 days