COURSE UNIT

13
THE COURT
LITIGATION
PROCESS

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE

CLAW112 SYSTEM
TOPICS

• Arraignment
• Plea
• Motion to quash
• Pre-trial
• Judgement
ARRAIGNMENT

ARRAIGNMENT
 It is the stage where the issues are joined
in criminal action and without which the
proceedings cannot advance further.
 It is the stage of the proceedings whereby
the accused shall be informed of his/her
constitutional right to be (officially)
informed of the nature and the cause of
the accusation against him and to ask him
of his plea.
PLEA

PLEA
 A plea is the formal reaction or
response required of the accused
after the complaint or information
has been read to him. It is his brief
answer to the accusation by
declaring in open court either the
words, “guilty’’ or “not guilty”. The
issues at the trial are joined by a plea
of not guilty.
How arraignment and plea is made?
 The accused must be arraigned before the
court where the complaint or information
has been assigned for trial. The arraignment
must be made in open court by the judge or
clerk by furnishing the accused a copy of
the complaint or information with the list of
witnesses, reading the same in language or
dialect known to him and asking him
whether he pleads guilty or not guilty. The
prosecution may, however, call at the trial
witnesses other than those named in the
complaint or information.
 The accused must be present at
the arraignment and must
personally enter his plea. Both
arraignment and plea shall be
made or record, but a failure to
enter or record shall not affect
the validity of the proceedings.
 If the accused refuses to plea, or
makes a conditional plea of
guilty, a plea of not guilty shall
be entered for him.
MOTION TO QUASH
A formal motion filed by the accused
before arraignment seeking the
dismissal of the complaint or
information based on the grounds
provided by law. It is also define as
the mode by which an accused
assails the validity of a criminal
complaint or information filed
against him for insufficiency on its
face in point of law or for defects
which are apparent in the face of the
information.
When must the accused or the lawyer
file a motion to quash?
At anytime before entering his plea,
the accused may move to quash the
complaint or information.
 
Forms and Contents of a motion to
quash.
The motion to quash shall be in
writing signed by the accused or his
counsel and shall distinctly specify its
factual and legal grounds. The court shall
consider no ground other than those stated
in the motion, except lack of jurisdiction
over the offense charged.
Grounds for filing a motion to quash
 1. That the facts charged do not constitute an offense.
 2. That the court trying the case has no jurisdiction over the offense
charged.
 3. That the court trying the case has no jurisdiction over the person
accused.
 4. That the officer who filed the information had no authority to do
so
 5. That it does not conform substantially to that prescribed form.
 6. That the criminal action or liability has been extinguished.
Pre-Trial
Is an overview of what will happen
to the actual trial. It has been defined
as a conference between the court
and the counsels to consider the
simplification of issues, the necessity
or desirability of amendments to the
pleadings; the possibility of
obtaining admissions to avoid
unnecessary proofs and such other
matters as may aid in the disposition
of the case.
To expedite the trial where the accused and
counsel agree, the court shall conduct a pre trial
conference on the matters enumerated below,
without impairing the rights of the accused.
Pre trial conference consider the
following:
1. Plea Bargaining
2. Stipulation of Facts
3. Marking for identification of evidence
of the parties;
4. Waiver of objections to admissibility of
evidence;and
5. Such other matter as will promote a fair
expeditious trial.
Pre-Trial
Plea bargaining
As defined it is the process
whereby the accused and
the prosecutor of the
criminal case workout a
mutually satisfactory
disposition of the case
subject to court approval.
It usually involves the
dependents pleading guilty
to a Iesser offense.
Pre trial order
After the pre trial conference the court shall
issue an order reciting the actions taken, the
facts stipulated, and evidence marked. Such
order shall bind the parties; limit the trial matters
not disposed of and control the course of the
action during the trial, unless modified by the
court to prevent manifest injustice.
Pre-trial agreements must be signed
No agreement or admission made or entered
during the pre-trial conference shall be used in
evidence against the accused unless reduced to
writing and signed by him or his counsel.
Admission Vs. Confession
Admission Defined
It is a self-incriminatory statement by
the subject falling short of an
acknowledgement of guilt, it is an
acknowledgement of facts or circumstances
from which guilt may be inferred.
Admission by silence
Known as an act or declaration made in the
presence and within the hearing or
observation of a party who or says nothing
when the act or declaration is such as
naturally to call for action or comment if
not true and when proper and possible for
him to do away a given evidence against
him.
Confession defined
It is a declaration of an accused acknowledging his
guilt of the offense charge, or any offense necessarily
included therein may be given in evidence against
him.
Confession or admission
In the legal parlance, confession or admission Will
only be admissible if the accused voluntarily
executed it and not under duress, coercion, or
psychological restraint.
Judicial admissions
It is an admission, verbal or written made by a party
in the course of the proceedings in the same case,
which does not require a proof. The admission
maybe contradicted only by showing that it was
made through palpable mistake or that no such
admission was made.
Deposition

Deposition
 As defined it is the testimony of a witness reduced

into writing under oath or affirmation, before a

person empowered to administer oaths in answer
to interrogatory questions and cross-interrogation
submitted by the party desiring the deposition and
the opposite party.
Trial

Trial
 The examination before a competent tribunal of the facts put in issue in a
cause for the purpose of determining such issue.
 The parties shall be notified of the date of trial at least two (2) days before
such date.

 How much time is given to the accused to prepare for trial?

 After a plea of not guilty is entered, the accused shall have atleast 15 days
to prepare for trial. The trial shall commence within 30 days from receipt of
the pre-trial.
Order of the Trial

 The trial shall proceed in the

following order
 a.) The prosecution shall present evidence to prove the
charge and, in the proper casei the civil liability.
 b.) The accused may present evidence to prove his
defense, and damage, if any, arising from the issuance of
any provisional remedy in the case.
 c.) The parties may then respectively present rebutting
evidence only, unless the court, in furtherance of justice,
permits them to present additional evidence bearing
upon the main issue.
d.) Upon the admission of the evidence, the
case shall be deemed submitted for
decision unless the court directs the parties
to argue orally or to submit memoranda.
e.) However, when the accused admits the
act or omission charge in the complaint or
information but interposes a lawful
defense, the order of trial may be modified
accordingly (such as self-defense, insanity,
etc.) (reversed order/trial)
ORDER IN THE EXAMINATION OF AN INDIVIDUAL
WITNESS:
 1. Direct Examination – the examination
of witness by the party presenting him on
the facts relevant to the issue.
 2. Cross-examination its purpose and
extent -
 Upon the termination of the direct
examination, the witness may be cross
examined by the adverse party as to any
matters stated in the direct examination, or
connected therewith with sufficient fullness
and freedom to test his accuracy and
truthfulness and freedom from interest or
bias, or the reversal and to elicit all
important facts bearing upon the issue.
3. Re-direct examination; its purpose and
extent- after cross-examination of the witness
has been concluded, he may be re-examined by
the party calling him, to explain or supplement
his answer given during the cross-examination.
On re-direct examination, questions on matters
not dealt with during the cross-examination,
may be allowed by the court in its discretion.
4. Re-cross examination-upon the conclusion
of the redirect examination, the adverse party
may re-cross examine the witness on matters
stated in his Re-direct examination, and also
such other matters as may be showed by the
court in its discretion.
Discharge of Accused to be State Witness
 When two or more person are jointly charge with the commission of an offense, upon motion of the
prosecution before resting its case, the court may direct one or more of the accused to be discharged
with their case so that they may become witness for the state after requiring the prosecution to present
evidence and the sworn statement of each proposed state witness at a hearing in support of the
discharge-the court is satisfied that
 a.) There is absolute necessity for the testimony of the accused whose discharge is requested.
 b.) There is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of the said accused.
 c.) The testimony of said accused can be substantially corroborated in its material points.
 d.) Said accused does not appear to be most guilty.
 e.) Said accused has not at any time been convicted of any offense involving moral turpitude.

 Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the
motion for discharge of the accused as state witness, his sworn statement shall be inadmissible as evidence.
Rights and Obligation of a witness
 A witness must answer questions, although
his answer may tend to establish a claim
against him. However, it is the right of a
witness:
 (1.) To be protected against irrelevant,
improper, or insulting question, and from
harsh or insulting demeanor;
 (2.) Not to be detained longer than the interest
of justice requires
 (3) Not to be examined except only as to
matters pertinent to the issue
 (4.) Not to give an answer which will
tend to subject him to a penalty for an
• offense unless otherwise provided by
Iaw; or
 (5.) Not to give an answer which will
tend to degrade reputation, unless it
will be related to the very fact at issue
or to a fact from the issue would be
presumed. But the witness must
answer to the fact of his previous or
final conviction for an offense.
Judgment
 As used in the rule, the term judgment means the adjudication by the
court that the accused is guilty or is not guilty of the offense charge
and the imposition of the proper penalty and civil liability provided
by the Iaw on the accused.
 It is the adjudication by the court that the accused is guilty or not of
the offense charged and the imposition on him of the proper penalty
and civil liability, if any. It must be written in the official language,
personally and directly prepared by the judge and signed by him and
shall contain clearly and distinctly a statement of the facts and the
law upon which is based.
PROMULGATION OF JUDGMENT
 PROMULGATION OF JUDGMENT
 The judgment is promulgated by reading it in the presence of the accused and
any judge of the court in which it was rendered. However, if the conviction is for a
light offense, the judgment may be pronounced in the presence of his counsel or
representative. When the judge is absent or outside the province or city, the
judgment may be promulgated by the clerk of court.

 WEIGHT OF THE EVIDENCE REQUIRED IN ORDER TO CONVICT THE

ACCUSED
 The weight of the evidence required in order to convict an accused is “Proof
beyond reasonable doubt”
Definition of Terms
Decision
It is the judgment rendered by a court of justice
or competent tribunal after presentation of the
respective positions of the parties in an ordinary
or criminal case or upon a stipulation of the facts
upon which the disposition of the case is based.
Conviction
The judgment of a court based on the verdict of
judicial officer or judge, that the accused is guilty
of the offense in which he/she was charge.
Sentence
It is the penalty imposed by the court upon
person convicted of a crime.
Acquittal
It is known as the judgment of a court based on
the verdict or decision of the judge, that the
defendant is not guilty of the charge against him.
Punishment
It is the redress, that the state takes against an
offender where it signifies pain, suffering, or
curtailment of its freedom.
Penalty
It is the suffering Mt is inflicted by the state for
the transgression of law.
Indeterminate Sentence
It is a type of sentence of imprisonment where
the confinement is not specified to a fixed period.
Right against Double Jeopardy
 The right against double jeopardy means that when a
person is charged with an offense and the case is
terminated either by acquittal or conviction in any other
manner without the express consent of the accused, the
latter cannot again be charged with the same identical
offense.

 The guarantee protects against the peril of a second

punishment as well as a second trial for the same offense.
Requisites for existence of Double Jeopardy
Under the present law or jurisprudence, the accused is placed in
double jeopardy if the following conditions are present:
1.) He had been previously brought to trial;
2.) In a court of competent jurisdiction;
3.) Under a valid complaint or information (I. e., sufficient in form and substance
to sustain a conviction)
4.) He has been convicted or acquitted of the case against him and has been
dismissed or otherwise terminated without his express consent; and
5.) He is being charged again for the same offense.
Ex Post Facto Law
An ex post facto law is one, which is operating retrospectively on
the following perspective;
1.) Makes an act before the passage of a law innocent when done which also
makes the act criminal and punishes such act; or
2.) Aggravates a crime or make it greater than when it was committed; or
3.) Changes the punishment and inflicts a greater punishment that what the law
annexed to the crime, when committed; or
4.) Alters the legal rules of evidence, and receives less testimony than or different
testimony from what the law required at the time of the commission of the offense,
in order to convict the offender.
Characteristics of Ex post facto law
 1.) Ex post facto law relate to penal or criminal matters only (civil
interest are protected by the non-impairment clauses)
 2.) They are retroactive in their operation; and 
 3.) They deprive persons accused of crime of some protection or
defense previously available, to their disadvantage. Ex post facto
laws are absolutely prohibited unless they are favorable to the
accused.
 An example of an ex post facto law is statue declaring usurious a
rate of interest provided in a contract, which was not usurious under
the laws in force at the time of the execution of the contract.
Bill of Attainder
 A bill of attainder is a legislative act,
which inflicts punishment without a
judicial trial.
 If the punishment is less than death,
the act is called a bill of pains and
penalties. It is included within the
meaning of bill of attainder as used in
the constitution.
 Purpose of Prohibition against Bill of
Attainder
 The prohibition against the enactment of bills
of attainder designed as a general safeguard
against legislative exercise of the judicial
functions or simply trial by legislative. 
 Example:
 A law was passed declaring members of an
association guilty of subdivision and
subjecting them to imprisonment. The law is
considered unconstitutional because it
convicts and penalized an individual without
the benefit of judicial trial.
WHO HAS THE RIGHT TO APPEAL?
 APPEAL
 Appeal is a statutory
right granted to the accused
or even the government in
proper cases to seek remedy
before an Appellate Court
for the annulment or
reversal of an adverse
decision or conviction
rendered by the Trial Court.
WHO HAS THE RIGHT TO
APPEAL?
 As a rule, this right is only
granted to the convicted offender.
However, the Supreme Court in
one of its landmark decision held
that the right to appeal shall not be
denied to the government
prosecutor when proper.