Crim Pro Reviewer by Lawagan Mary-Ann D.

reclusion perpetua, reclusion

perpetua, death, and life perpetua,
Rule 114: Bail death, and life imprisonment death, and life
Definition and Concept imprisonment imprisonment
-Bail is the security given for the release of a Before Before
person who is in custody of the law, to guarantee his judgement of judgement of
appearance in court whenever required by the court conviction by conviction by
or the Rules of Court. – RTC of an RTC of an
offense offense
Sec 1, Rule 114 punishable by punishable by
-Custody of the law means actual custody of reclusion reclusion
the person accused, i.e., detention. perpetua, perpetua,
death, and life death, and life
When is a person under the custody of law? imprisonment imprisonment
-valid arrest of the person when the when the
-voluntary appearance in court by filing a motion evidence of evidence of
seeking affirmative relief from the court guilt is not guilt is strong
strong
Forms of Bail After judgment
Corporate surety - surety company pays for the bond of conviction by
Property bond - surrendering property with assessed the RTC of an
value equal to the amount of bail offense
Cash deposit- The accused or any person on his penalized by
behalf posts bail in cash. After depositing the amount imprisonment
required in court, a receipt will be issued. exceeding 6
Recognizance- It is a written undertaking to appear in years and with
court. bail negating
As A matter of As a matter of Neither a circumstances
Rights discretion matter of right/ After judgment
discretion of conviction
- without - when the - non bailable becomes final
discretion of court is duty- offenses (either by MTC
the court, bound to DISCLAIMER: or RTC)
accused can determine You can still
post bail whether the attempt to Amount of bail
accused can request for bail. -The judge who issued the warrant or granted the
post bail application shall fix a reasonable amount of bail
After/Before considering primarily, but not limited to, the following
judgment of factors:
conviction by (a) Financial ability of the accused to give bail;
MTC Even (b) Nature and circumstances of the offense;
when the case (c) Penalty for the offense charged;
is appealed to (d) Character and reputation of the accused;
RTC. (e) Age and health of the accused;
Before After judgment After (f) Weight of the evidence against the accused;
judgement of of conviction judgement of (g) Probability of the accused appearing at the trial;
conviction by by RTC of an conviction by (h) Forfeiture of other bail;
RTC of an offense NOT RTC of an (i) The fact that accused was a fugitive from justice
offense NOT punishable by offense when arrested; and
punishable by reclusion punishable by
(j) Pendency of other cases where the accused is on 3. The accused should've been already
bail. - Excessive bail shall not be required. --Sec 9, arraigned.
Rule 114 4. The court must give notice about the
application by the accused to the Sanggunian
Where to File Bail of the city or municipality where the accused
1. Where bail is a matter of Right actually resides. Such notice will be taken up
GR: Only post bail in the court, RTC, where in a regular or special session, and must be
the case is pending approved in the form of a Resolution. - Note: If
Where the accused is arrested in a place other you are a millionaire, you cannot file for
than where the case is pending, in the place of Recognizance.
his arrest. He has an option to: 1. File for bail How can bail be cancelled?
in the the court where he was arrested 2. Go
As a review, bail may be furnished by the
to the court where the case is pending, and
accused of his bondsmen.
file for bail there
A bondsmen is a person other than the
accused in whose name the bail is under. So
When the judge in such court is absent, in any when the bail is cancelled (if not forfeited), the
RTC in the judicial region where the case is return there of, goes to the bondsmen
pending
1. By application
Motion for application for cancellation of bail
2. Where bail is a matter of discretion shall be subject to a summary hearing
GR: Only post bail in the court, RTC, where (a) upon surrender of the accused to the court
the case is pending or the bondsmen will file an application for
If the accused intends to post bail after cancellation
judgment of conviction by RTC, post bail in the (b) upon proof of death
RTC which ruled on the case REGARDLESS
IF A NOTICE OF APPEAL HAS BEEN FILED, 2. Automatic
PROVIDED THAT THE RECORDS OF THE (a) accused is acquitted
CASE IS STILL WITH RTC. **if the records of (b) dismissal of the case
the case is no longer with RTC, then CA (c) execution of a final judgment of conviction
3. Motu proprio by the court
(1) If and when the accused is on bail and fails
3. Where after judgment of conviction, the non- to appear in court as required by law and
bailable offense becomes a bailable offense rules. And if his non-appearance is unjustified,
GR: Only file in the appellate court (CA) the court shall issue an ORDER OF
FORFEITURE of bail
Recognizance (2) Within 30 days upon notice of the order,
the accused or bondsmen shall
Recognizance is a matter of right in all offenses not
punishable by reclusion perpetua, death, or life Present the accused in court
imprisonment. And explain the reason of his non-appearance
in court
Accused should meet the qualifications and should (3) If the court finds the reason unjustified, a
not possess any of the disqualifications second order shall be issued - ORDER OF
CANCELLATION of bail
Qualifications (SCAN)
Effect: The government will forfeit the bail.
1. He must execute a sworn declaration that
And the court shall issue a bench warrant or a
he is an indigent.
warrant of arrest — the accused shall be put
2. There must be a certification issued by the in the custody (arrest)
head of a local social welfare agency of the
city or municipality where the accused actually
resides, that the accused is an indigent.
(4) If the court finds the reason justified, the Part of the right of the accused against
court shall revoke the ORDER OF self-incrimination (constitutional right)
FORFEITURE When the accused exercises his right to
testify as witness in his own behalf, he can
Rule 115: Rights of the Accused no longer invoke his right against self-
incrimination when being cross-examined
A person accused of a crime has so many
thereafter.
rights, but a victim has none, except the right
to become part of the statistic. (e) To be exempt from being compelled to
be a witness against himself.
-Part of the right against self-incrimination
In all criminal prosecutions, the accused shall May an accused be compelled to be a
be entitled to the following rights: witness against himself? - No, he/she
(a) To be presumed innocent until the cannot be compelled, but if he/she wants
contrary is proved beyond to, he/she can testify as his/her own
reasonable doubt witness, subject to cross-examination on
- Starts the moment a person is accused of matters covered by direct examination.
committing a crime - In criminal prosecution, silence does not
Lasts even when appeal is still pending mean yes. The silence of an accused
(b) To be informed of the nature and should not prejudice him.
cause of the accusation against him How about a witness? - If the witness is
not the accused, he/she may be
- How is this fulfilled? questioned on all matters relevant to the
Rule 116 — when the accused will be issue.
arraigned, the accusations against him are (f) To confront and cross-examine the
fully explained witnesses against him at the trial.
(c) To be present and defend in person (g) To have compulsory process issued to
and by counsel at every stage of the secure the attendance of the witnesses
proceedings, from arraignment to and production of other evidence on his
promulgation of the judgment behalf.
-Procedural right, can be waived Right to subpoena:
-Trial in absentia Subpoena duces tecum - order to submit
-Only happens when the absence of the an object or documentary evidence in
accused is without justification. court
-There can be no trial in absentia when Subpoena ad testificandum - order to
law and the rules of court require the appear personally in court to testify
presence of the accused. In: Subpoena duces tecum ad testificandum -
-Arraignment order to bring an object or documentary
-Witness identification evidence, and such object or documentary
-Promulgation of decision evidence shall be the subject of the
-Upon motion, accused may be allowed to person’s testimony
defend himself if Court finds him able to (h) To have speedy, impartial, and public
do so trial
-If the court finds that the accused cannot These three are separate constitutional
defend himself, judge shall assign him a rights
lawyer The right to speedy trial should not be
(d) To testify as a witness in his own imputable to judicial processes. When
behalf but subject to cross-examination on delay is malicious, then it becomes a
matters covered by direct examination. His violation against this right
silence shall not in any manner prejudice The impartiality of a judge is presumed
him.
Evidence of partiality must not be based call at the trial witnesses other than those
on imagination, there is a need to prove named in the complaint or information.”
All criminal cases are subject to public
trial. But in cases like rape, RA 9262, or May the reading of the complaint or
offenses involving minors, the court may information be waived?
exercise its discretion to exempt audience G.R: No
Public trial means that those *Except in the following circumstances:
persons/individuals who are parties to the 1. In multiple cases (charges), the accused
case have the right to be present may waive the reading, but the waiver must be
(i) To appeal in all cases allowed and in express, in writing, and with the consent of the
the manner prescribed by law accused and his/her counsel.
The right to appeal is a statutory right • The court must satisfy itself that the
If not exercised, then this right is deemed accused understands the consequences of his
waived. waiver. • AM No. 15-06-10-SC (2017) requires
that such waiver must be recorded in the
When the accused is notified of the trial minutes of the case, and in the Certificate of
date but despite notice, he fails to appear Arraignment and Order of Arraignment.
on that day, may he be tried in absentia? - 2. In criminal cases involving violations of an
Yes. The absence of the accused without environmental law, if the accused will post
justifiable cause at the trial, when he had bail:
been given notice, shall be considered a - Before granting the application for bail, the
waiver of his or her right to be present. judge will read the complaint/information to
him/her in a language he/she knows and
Rule 116: Arraignment and Plea understands, and require the accused to sign
Definition of Arraignment an undertaking to appear in court for
arraignment, and that if he fails to appear
- Arraignment is the formal mode of
without justification, he waives the reading of
implementing the constitutional right of the
the complaint/information, and authorizes the
accused to be informed of the nature and
court to enter a plea of not guilty for him and
cause of the accusation against him or her
to set the case for trial. -
- Both arraignment and plea shall be made
of record but failure to do so will not affect
the validity of the proceedings. May the accused be arraigned in absentia?
 No, except in a criminal case involving
What are the two components of
a violation of an environmental law
arraignment? (e.g., PD 705) and covered by AM No.
1. The reading of the complaint or 09-6-8-SC 23 .
information; and 2. The enter of plea by  “Before granting the application for
the accused. At this stage, the accused is bail, the judge must read the
a passive subject. information in a language known to
and understood by the accused and
Reading of the complaint or information require the accused to sign a written
- The complaint or information must be undertaking, as follows:
read to the accused in a language or a. To appear before the court that issued
dialect he or she understands. the warrant of arrest for arraignment
- How should arraignment be made? “xxx purposes on the date scheduled xxx ;
by furnishing the accused with a copy of b. To appear whenever required by the
the complaint or information, reading the court where the case is pending; and
same in the language or dialect known to c. To waive the right of the accused to be
him, and asking him whether he pleads present at the trial , and upon failure of
guilty or not guilty. The prosecution may the accused to appear without
 justification and despite due notice, 1. In open court where the complaint or
the trial may proceed in absentia. -- information has been filed or assigned for
Sec 2, Rule 14, Rule of Procedure for trial;
Environmental Cases 2. by the judge or the clerk of court;
Enter of Plea 3. the judge or clerk furnishes the accused with
 The accused will personally plead “guilty” or a copy of the complaint or information;
“not guilty” to the charge. 4. the judge or clerk of court reads the
 In the US, they also say “no contest” but that complaint or information in a language or
doesn't apply here. dialect the accused knows and understands;
 The accused must be present at the and
arraignment and must personally enter his 5. the accused is asked whether he pleads
plea guilty or nor guilty
Are there instances where the court will be the When is arraignment made/held?
one to enter a plea of not guilty for the - Arraignment shall be held within 30 days
accused? from the date the court acquires jurisdiction over
 Yes. The accused must personally the person of the accused, unless a shorter
make his plea, but the court may enter period is provided by special law or Supreme
a plea for him it in the following Court circular, like in the following instances:
instances: 1. when the accused is under
1. If the accused refuses to enter a plea, preventive detention, he shall be arraigned within
a plea of not guilty shall be entered for 10 days from receipt by the judge of the records
him. --Sec 1(c) Rule 116 of the case --Sec 1(e), Rule 116;
This refusal doesn't necessarily mean lack of 2. when the offended party in a
respect for the court or the law. The accused criminal case is about to depart from the
may be doing this in order to preserve a right Philippines with no definite date of return, the
to question a certain procedure (e.g., lack of case should take precedence over all other cases
preliminary investigation) or pursue a remedy (except election and habeas corpus cases), the
which he cannot use if he pleads. accused must be arraigned without delay --RA
2. If the accused enters a conditional 4908;
plea of guilty, a plea of not guilty shall 3. cases under the Child Abuse Act
be entered for him. --Sec 1(c), Rule --RA 7610;
116 4. drug-related cases --RA 9165;
A conditional plea of guilty is void. If the and
accused insists, the court will enter a plea of 5. cases under SC AO 104-96 or
not guilty for him. those involving heinous crimes, violations of the
3. If the accused pleads guilty but Intellectual Property Rights Law, and libel cases.
presents exculpatory evidence, the
plea of guilty is deemed withdrawn. -- For what purposes is the private offended
Sec 1(d), Rule 116 party required to appear at the arraignment?
For instance, when the accused invokes the - The Rules of Court require a private
mitigating circumstance of incomplete self- offended party to appear for the following
defense to reduce his penalty, the court will purposes:
consider his plea of guilty withdrawn and enter 1. plea bargaining;
a plea of not guilty for him. 2. determination of civil liability; and
other matters requiring his/her
4. In criminal cases involving violation of
presence.
an environmental law if the accused
Plea Bargaining
applies for bail and does not appear
 To plea bargain means to plead guilty to a
during arraignment.
lesser offense which is necessarily included
How is arraignment done/made?
in the crime charged. (there is a similarity )
  In one case, it has been held that it could or information, and the details desired. --Sec
also mean to plead guilty to one or some of 9, Rule 116
the counts in a multi-count charge. (as long 2. When the court has appointed a Counsel de
as it involves the same act of the offender; if oficio to defend him/her, said counsel must
you have multiple counts but are not the be given reasonable time to consult with the
same offenses you cannot ask for plea accused and discuss his/her plea, before
bargain) (it is a matter of discretion of the proceeding with arraignment. --Sec 8, Rule
court) 116
When may an accused be allowed to plead  Before arraignment, the court has
guilty to a lesser offense? the duty to inform the accused of
 If the offended party fails to make an his/her right to counsel and ask
appearance during arraignment despite due him/her if he/she desires to have
notice, the court may allow the accused to one. Unless the accused is allowed
plead to a lesser offense necessarily to defend himself/herself in person
included in the charge with the consent of or has employed a counsel of
the prosecution alone. --Sec 1(f), Rule 116 his/her choice, the court must
 If the offended party is present at the assign a counsel de oficio to defend
arraignment, the accused, with the consent him/her. --Sec 6, Rule 116
of the offended party and the prosecutor,  Who can be appointed as counsel
may be allowed by the trial court to plead de oficio? Considering the gravity of
guilty to a lesser offense which is necessarily the offense and the difficulty of the
included in the offense charged. --Sec 2, questions that may arise, the court
Rule 116 shall appoint as counsel de oficio
 After arraignment but before trial, the only such members of the bar in
accused may still be allowed to plead guilty good standing who, by reason of
to said lesser offense after withdrawing his their experience and ability, can
plea of not guilty. No amendment of the competently defend the accused.
complaint or information is necessary. --Sec But in localities where such
2, Rule 116 members of the bar are not
-the court may allow plea bargaining during trial as available, the court may appoint
long as it is within the bounds of the law. any person, resident of the province
What are the rules in plea bargaining? and of good repute for probity and
1. It must be done with the consent of both the ability, to defend the accused. --Sec
offended party and the prosecution. But 7, Rule 116
when the offended party fails to appear in Suspension of the arraignment may be allowed in the
court despite due notice to him, the court following cases, and upon the motion by the proper
may allow plea bargaining with the consent party --Sec 11, Rule 116:
of the prosecution alone. a. when the accused appears to be suffering
2. It must be done at the arraignment. from unsound mental condition which
3. It may also be allowed after arraignment but effectively renders him unable to fully
before trial. The accused must withdraw his understand the charge against him and
plea of not guilty. plead intelligently thereto; (if may lucid
4. No amendment of the complaint or interval pwede siya ma-arraign)
information is necessary. b. when a prejudicial question exists; (criminal
Before arraignment, what are the action will be suspended, ask for the
options of the accused? suspension of the arraignment in order to
1. The accused may file a Motion for a Bill of wait for the civil action will have its finality)
Particulars, to enable him/her to properly c. when a petition for review of the resolution of
plead and prepare for trial. The motion shall the prosecutor is pending before the DOJ or
specify the alleged defects of the complaint the Office of the President, but the
suspension must not exceed 60 days from
 the filing of the petition with the reviewing prosecution is not automatically
office. (to question the prosecutor about the relieved of this burden.)
determination of probable cause) 3. Allow the accused to present
evidence in his/her behalf, if he/she
4. The accused may challenge the validity of so desires.
the arrest or the legality of the warrant  the court is duty bound to find our whether if
issued, or assail the regularity of the he really is liable for the action done, so
preliminary investigation. Otherwise, he is even if the accused admitted to the crime,
deemed to have waived these objections the court can still acquit him.
after entering a plea. What about in non-capital offenses?
5. The accused may file a Motion to Quash at  When the accused pleads guilty to a non-
any time before the enter of plea. capital offense, the court may receive
Plea of Guilty evidence from the parties to determine the
 It is an unconditional admission of guilt, penalty to be imposed. (the accused will be
made: sentenced) --Sec 4, Rule 116
1. freely;  The accused can present evidences on the
2. voluntarily; civil action.
3. with full knowledge of the consequences of  Discretionary
his admission; and  The presence of the offended party is
4. with a clear understanding of the precise mandatory if and when the accuse will plea
nature of the crime charged in the complaint bargain, presenting evidence on the civil
or information. liability and other instances when the
 It must be of such nature as to foreclose the presence of the offended party is needed.
defendant's right to defend himself from said (general rule: not mandatory)
charge, leaving the court no alternative but
to impose the penalty filed by law. Rule 117: Motion to Quash
Improvident plea of guilty A motion to quash is a special pleading filed by
 It is a plea of guilty based upon a mistaken the accused before entering his plea, which
assumption or misleading information or hypothetically admits the truth of the facts in the
advice. (voluntary) (need niya patunayan na complaint or information, and sets up a matter
may improvident plea talaga para which, if proven, would preclude further
mapayagan siya) proceedings.
 At any time before the judgment becomes When may a motion to quash be filed?
final, the court may permit an improvident  The accused may move to quash the
plea to be withdrawn and be substituted with complaint or information at any time before
a plea of not guilty. --Sec 5, Rule 116 entering his plea. --Sec 1, Rule 117
(motion to withdraw)  Non filling of a motion to quash will constitute
 Judgment becomes final 15 days after as a waiver of your right to file that motion.
promulgation.  -Generally, it is not allowed in cases covered
In capital offenses, where the accused by the Rules on Summary Procedure
pleads guilty, what should the court do?  Exceptions:
 The court has the following duties --Sec 3, 1. Lack of Jurisdiction over
Rule 116: the subject matter
1. Conduct a searching inquiry into the 2. Failure to comply with the
voluntariness and full barangay conciliation
comprehension of the proceedings (special
consequences of his/her plea of ground) (premature )
guilty.
2. Require the prosecution to prove Requisites of a Valid Motion to Quash
his/her guilt and the precise degree
-must be in writing
of his/her culpability. (The
-must be signed by the accused or his counsel (this will not be waived even if the accused will enter a
-distinctly specify the factual and legal grounds plea)
Grounds (Sec 3) Double Jeopardy
Grounds for motion to quash are exclusive 1. Previous case must have been filed and:
FJJOCMELD Complaint or information was sufficient in form and
1. The facts charged do not constitute substance to sustain a conviction
an offense court had jurisdiction over the person of the accused
2. Court trying the case has no There was a valid arraignment and the accused
jurisdiction over the offense entered a plea
charged There was a final judgment of acquittal or conviction,
3. Court trying the case has no or dismissal without the consent of the accused
jurisdiction over the person of the 2. Subsequent complaint or information was filed
accused containing a charge of
4. The officer who filed the information the same offense
had no authority attempt or frustration of the first offense
5. Information does not conform an offense which necessarily includes the fir
substantially to the prescribed form Provisional Dismissal
6. That more than one offense is temporary, still has the character to be revived within
charged, except when a single the required period
punishment for various offenses is Requisites:
prescribed by law Upon motion of the accused, prosecutor, or both
7. The criminal action or liability has jointly
been extinguished With consent of and notice to the offended party and
8. Contains averments, which if true, prosecutor
would constitute a legal excuse or With notice to and consent of the court
justification Motion to Quash v. Provisional Remedy
9. Double jeopardy Motion to Provisional
If the ground relied upon in the motion to Quash Remedy
quash is not among grounds mentioned above, Who The accused Accused,
the court shall automatically dismiss the Institutes prosecutor, or
motion. both jointly
Form In writing In writing or
What is the effect of a failure to move to quash or oral, partially in
writing or
allege any ground?
partially oral.
 If the accused fails to assert the ground
Grounds Sui generis, Any reason or
before plea, either by failing to file a motion
only those no reason at all
to quash or failing to allege any of the
enumerated in
grounds, such failure shall be deemed a
Sec. 3, Rule
waiver of such grounds. --Sec 9, Rule 117
117
-The accused did not file a motion to quash; or
-the accused filed a motion to quash but failed to When to File Before plea Any time
allege the ground in the said motion. Effect of Case will be Dismissal is
Grant dismissed without
either with prejudice (can
What are the exceptions? May a motion to quash
prejudice or still be revived
still be filed after plea? without subject to
 Yes, but only on the following grounds: FJED
prejudice, rules)
-the facts charged do not constitute an offense; depending on
-lack of jurisdiction over the offense charged; the case.
-the action or liability has been extinguished; and
-double jeopardy.
When does it become permanent? “TIME BAR order-basically lay down all the matters
RULE” during the pre-trial- should be signed by the
Offenses punishable by imprisonment not exceeding accused, prosecution and the other counsel.
6 years or a fine of any amount, or both *if it was not signed by one or two it will not be
ONE YEAR after the issuance of the order without the allowed to be a valid admission.
case being revived *the proceedings will be limited on what happened
Offenses punishable by imprisonment exceeding 6 during the pre-trial.
years *nonappearance during pre-trial upon motion will be
TWO YEARS after the issuance of the order without subject to stipulation.
the case having been revived Accused- contempt of court? Bench warrant
May the court initiate a motion to quash? JUDICIAL AFFIDAVIT RULE
No, unless the ground is lack of jurisdiction over the The affidavit constitutes as direct testimony of the
offense charged/subject matter witness
Rules state that it is only the accused who may In the first level courts (MTC), judicial affidavits are
initiate or file a motion to quash mandatory
If does not fall under the judicial affidavit rule,
testimony will be taken up during trial
Rule 118: Pre- Trial In criminal cases, if penalty does not exceed 6 years,
it is not mandatory
Purpose of Pre-Trial In civil cases, judicial affidavit is mandatory
1. Plea bargaining - Remedies available
2. Stipulation of facts- facts that could lead to Can avail of the modes of discovery - deposition
the determination of guilt or innocence of File a motion to suppress evidence
the accused. this is in relation to the marking of identification of
3. Marking for identification of evidence of the evidence
parties- the prosecution will always mark the illegality/legality of the arrest may be raised here
their evidence in letters. For the defense or the ground that evidence was secured in violation
numbers. of existing laws such as data privacy, wire tapping or
*any evidence not marked during the pre- trial will not bank security law
be considered during trial unless the evidence is only
CAM & JDR
made available at that time and when that evidence is
Court Annexed Mediation and Judicial Dispute
very important in the case to avoid injustice.
Resolution happens at pre-trial
*a document cannot talk by itself it needs testimonial
CAM if subject for settlement, JDR if failed at CAM
sponsor
(another judge will handle the case)
4. Waiver of objections to the admissibility of
Judge cannot refer the case to CAM and JDR after
evidence - for the purpose of expediency
pre-trial and during trial
(appropriateness).
Pre-trial agreement (Sec 2)
*if you're not ready for pre-trial you can deny
everything because it all boils down to what will All agreements or admissions made or entered
happen in the trial itself. during the pre-trial conference shall be
5. Modification of the order of trial if the reduced in writing and signed by the accused
accused admits to the charge but interposes and counsel, otherwise they cannot be used
a lawful defense - the rebuttal evidence against the accused. The agreement covering
should be based on the evidence presented. the matters referred to in Section 1 of this
If they present new evidence without the Rule shall be approved by the court.
court allowing the same then it will not be
considered as evidence. Agreements and admissions to be admitted must be:
6. Such matters as will promote a fair and in writing
expeditious trial of the criminal and civil signed by the accused and counsel
aspects of the case - after the termination of
the pre-trial the court will issue a pre-trial Non-Appearance at Pre trial Conference
 Civil Actions Criminal
(rules on Actions Rule 119: Trial
summary Periods mentioned in the rules are only ideal, actual
procedure) periods depend upon the docket of the court and
non-appearance of Dismissal of does not nature of the case
plaintiff/prosecution Case happen, but The right of the accused to speedy trial — Delay must
court may be malicious and imputable to the accused in order to
impose
raise this right
sanction
like
contempt of Order of trial
court 1. The prosecution will be the first to present
non-appearance of Ex parte no such evidence. It will call witnesses to testify. It is up to the
respondent/accuse presentatio thing as ex prosecution to decide on the number of witnesses.
d n of parte 2. The accused may or may not present evidence.
evidence presentation • Note: The prosecution must present evidence in
of evidence order to fulfill its duty to prove the accused’s guilt
if the beyond reasonable doubt. The accused is not
accused required to present evidence.
does not 3. If the accused presents evidence, the prosecution
offer an may present rebuttal evidence.
acceptable The accused then may or may not present
reason, court surrebuttal. These are optional.
will impose 4. The court may also order for the submission of
sanction ex.if memorandum or hear oral arguments, in the proper
accused is cases.
on bail and 5. Upon admission of evidence, the case shall be
the presence deemed submitted for decision.
of the 6. Then, there shall be promulgation of judgment.
accused is
required - *If accused interposes a lawful defense, order of trial
non will be reversed. Defendant will be the first one to
appearance present evidence
may result to *The burden of evidence is shifted to the accused
issuing an (that he acted lawfully). BUT the burden of proof stays
order of with the prosecution. (BURDEN OF PROOF: PROOF
forfeiture BEYOND REASONABLE DOUBT)
which would
lead to arrest Rule when the witness is not able to testify:
Suppose the prosecution or the defense has a
Pre- Trial order witness but the witness is about to depart the
-After pretrial, the court will issue a pretrial order Philippines without a fixed date of return, or lives
containing: more than 100km from the place of trial, or is
 The actions taken otherwise unable to testify due to infirmities. What is
 The facts stipulated the remedy of the prosecution/defense?
 The evidence marked o There are two ways to take a deposition:
Effects: 1. By means of an oral examination; or
Bind the parties 2. By means of written interrogatories.
Limit the trial to matters not disposed pf ● In criminal cases, the remedy is to take his
control the course of action conditional examination. This applies whether W is a
Includes the pre-trial agreement. defense or prosecution witness.
 Witness is for the defense/accused - testimony
Filling of a Demurer to Evidence may be taken before any:
*Remedy available to the accused.  judge
*Filed by the accused after the prosecution rested its  member of the bar in good standing as
case on the ground that evidence of the prosecution long as he is not a the counsel of the
is insufficient accused
prosecution has rested its case when prosecution The conditional examination is subject to
presents all its pieces of evidence, presents all cross-examination since both parties are
witnesses, and makes their formal offer of evidence required to be present in such
*the attack would be on whether or not the Witness cannot be recalled anymore once
prosecution satisfied their burden went through with conditional examination
(2) Raising accused’s right to speedy trial when
Remedy available to the accused. violated
Filed by the accused after the prosecution rested its Note the exclusions under Rule 119 (Section 3)
case on the ground that evidence of the prosecution (3) Substitution
is insufficient
prosecution has rested its case when prosecution
Discharge of the Accused to be a State
presents all its pieces of evidence, presents all Witness
witnesses, and makes their formal offer of evidence -operates as an acquittal
the attack would be on whether or not the prosecution -must be upon motion of the prosecution supported by
satisfied their burden a sworn affidavit of the accused to be discharged,
detailing his participation and the others’ participation
Effect on Civil Liability? in the crime
-If filed with LOC and denied, the accused will be -there must be 2 or more accused in such case
given the opportunity to present evidence to counter -filed before the prosecution rests its case
the civil liability. Requirements:
Can the court moto propio at its own instance,  no other direct evidence available
dismiss the case based on the Insufficiency of  there is absolute necessity to include the
testimony or sworn statement of the accused
Evidence?
-No  testimony can be substantially corroborated
in its material points
Other Remedies During Trial
 accused does not appear to be the most
1. Mode of discovery; Disposition
guilty
“Conditional examination”  accused should not have been convicted for
Remedy filed with leave of court for taking
a crime of moral turpitude
testimony of a witness a who is:
 The sworn statement will be the basis of the
 About to depart from the Philippines
judge to grant or deny the motion to
without any fixed date of return
discharge
 More than 100 km away from the place
Rule 119: State RA 6982: WPP
of trial
witness
 Unable to testify by reason of illness multiple accused No requirement as to
or other infirmities how many are accused
 Other analogous reasons May involve any felony Must involve a grave
… at a time when such witness is available or offense felony
WHERE IT IS DONE DEPENDS ON WHO THE There must absolutely No need for a case filed
WITNESS IS FOR be an existing or filed
Witness is for the prosecution - testimony may case
be taken before the court where the case is None Should extend threats of
pending life or bodily harm to
witness or members of
 the family within the 2nd ● Yes, when the judge is absent or outside the
degree of consanguinity/ province or city.
affinity. When does a judge cease to be the incumbent
None Prerogative with respect judge?
to application is In many cases including:
dependent upon whether a. If he dies;
the witness/accused b. If he is dismissed;
must not be a member of c. If he gets promoted to a higher office; or
the law enforcement d. If he resigns.
No benefit Involve a benefit of cost Promulgation of Judgment
of living allowance The promulgation to be valid, the judgment must be
Under the discretion of Under ultimate discretion prepared and signed by the judge who will promulgate
the courts of the Secretary of DOJ such.
Operates as an Does not operate as an “Judicial Continuity”
acquittal acquittal

Is it possible to be under Witness Protection Program How is promulgation done? (Sec 6)

and at the same time be discharged as a State Promulgation is the reading of the judgment in the
witness? presence of the accused and any judge of the court in
: YES, these two are not mutually exclusive. which it was rendered.
While remedy of an accused of discharged is Absence during promulgation
available, prosecution can still call the accused to Court may still promulgate the judgment in absentia
testify without discharging him. by:
Recording the judgment in the criminal docket (no
Rule 120: Judgment need to read the judgment in court), and
a written adjudication of the court declaring whether Serving judgment to the last known addressed of the
the accused is guilty or not guilty and the imposition of accused by the judge/clerk of court
the proper penalty and civil liability, if any. How will the judgment be promulgated in
Requisites for a valid Judgment (WPS-JC) absentia?
1. in writing and in the official Two things are done:
language 1) The judgment 33 is recorded in the criminal docket;
2. personally and directly prepared by and 2) The accused is served a copy of the judgment
the judge through his counsel or his last known address.
3. contain clearly and distinctly a Effect:
statement of facts and law upon -accused losses all legal remedies available to him in
which it is based the course of law like:
4. signed by him  Appeal
5. filed with the clerk of court-  Motion for reconsideration
rendition of judgment  New Trial
If the statement of facts and law upon which it is  Reopening of Trial
based is incomplete, then it is sin perjucio = VOID  Certiorari
JUDGEMENT What if there’s justifiable cause for non-
Remedy: Appeal the judgement appearance and was convicted?
*If the judge who wrote and signed the judgment
becomes incapacitated before promulgation, the new
WITHIN 15 days from the service of the
incumbent judge should not promulgate, but rather judgment:
write a new decision  surrender himself
May the judgment be promulgated by the clerk of  file a motion for leave of court to avail
court? for remedies
 offer the excuse in the motion
Failure to surrender himself and file a motion ● Reopening of trial is a remedy under Ruel 119,
for leave of court to avail for remedies within Section 24.
15 days, will render the judgment as final and There is only one ground, and that is to avoid a
executory. miscarriage of justice
What is the effect of the order granting new trial?
The 15-day period to perfect an appeal starts ● It vacates the judgment. The case will stand for trial
upon promulgation of judgment. de novo. The evidence at the former trial not affected
Appeal - 15-day mandatory and non-extentible by the error of law or irregularity shall be deemed
Motion for Reconsideration - within 15 days reproduced at the new trial without the need to retake
Payment of appeal docket fees is mandatory them. The court will render another judgment.
in criminal cases. What is the ground for a motion for
Private lawyer (counsel de parte) - mandatory reconsideration?
Public attorney - exempted ● In a criminal case, there’s just one ground: an error
Private lawyer but was appointed as counsel of law or fact was committed in the judgment.
de oficio or doing a pro bono - exempted
Rule 122: Appeal
Rule 121: New Trial or Appeal is a post-judgment remedy. It is available
Reconsideration when there is already judgment
Right to appeal is subject to right against double
Who files? jeopardy
-the accused Appeal means giving the appellate court the
May the court grant new trial or reconsideration of a opportunity to review the records of the case
judgment even if the accused did not file a motion? Who may file?
May it be done at the court’s own initiative?  The State, provided that it will not place the
● Yes but it should be done with the consent of the accused in double jeopardy
accused.  Accused in a judgment of conviction
● When? He may file within the time for perfecting an  Offended party but only as to the civil aspect
appeal, that is, 15 days from promulgation.
*you can file it in the court that trialed the case.  Modes of Appeal
May the accused appeal from the judgment  Ordinary Appeal
without first filing a motion for new  also known as Appeal by Writ of Error
trial/reconsideration?  done by filing a notice of appeal with
● Yes but he may also file his motion. And if he does, the court that rendered the decision in
and it is denied, then the Neypes rule also applies— its original and exclusive jurisdiction
he will have another 15 days from notice of denial. so that the case is elevated to the
(fresh period rule) appellate court
Grounds for New Trial  Petition for Review- 15 days
1) That errors of law or irregularities prejudicial to the  Petition for Review on Certiorari- an
substantial rights of the accused were committed at appeal on matter of discretion hence
the trial; or they can only review on question of
2) That there is newly-discovered evidence, that is, law.
evidence that:
a. couldn’t have been discovered during the trial even
with the use of ordinary diligence by the accused;
Appeal in the Regular
b. discovered only after trial; Courts
c. and if presented and admitted, would probably Ordinary Appeal is done by filing a notice of
change the result of trial; appeal with the court that rendered the
d. provided that there is no final judgment yet. decision so that the case is elevated to the
New Trial vs Reopening appellate court
● New trial is governed by Rule 121 and the grounds Appellant’s Brief
are specified therein,
Different from Notice of Appeal specifically describe the place to be searched
Notice of Appeal will be filed in the court and the things to be seized (Sec 4)
where the judgment was promulgated, and the Example: If the search warrant specified that
appellant will file an appellant’s brief within 30 the place to be searched is the house of A and
days?? (not sure with number of days) the garage unattached from the house was
If appellant’s brief is not submitted to RTC (or searched and unlicensed firearms were found
any appellate court), RTC will decide on it there, the search was illegal. Therefore the
based on the available records firearms seized will not be admissible to
Filing a Notice of Appeal is non-extendible — evidence.
cannot file a motion to extend. But in filing an personal property must be subject of a crime
appellant’s brief, can ask for extension. (Sec 3)
A search warrant may be issued for the search
Appeal in Sandiganbayan and seizure of personal property:
*you cannot appeal as matter of right, (a) subject of the offense;
especially if the SB is exercising its appellate (b) stolen or embezzled and other proceeds,
jurisdiction. or fruits of the offense; or
Effect of an Appeal (c) used or intended to be used as the means
When an accused files an appeal, the case will of committing an offense
be open for review by the appellate court *Search is unlawful without the existence or
If appealed to SC through a Petition for when made without the presence of 2
Review on Certiorari, then SC concentrates on witnesses of sufficient age and discretion
questions of law residing in the same locality
MULTIPLE ACCUSED- must be related Can a search warrant be valid if it charges two
GR: The appeal of the accused who appealed or more offenses? - No, a scattershot warrant
has no effect to the one/s who did not file for is not valid.
one. When or in what court should it be filed?
1)It should be filed with the court within whose
XPN: Unless the judgment in the appeal will territory the crime is committed.
be favorable to the one who did not file an Note: There must be a crime. Otherwise, there
appeal will be no basis. It is the territory, not the
If the judgment rendered a higher punishment jurisdiction, because this is not a criminal
it will only apply to the one who appealed to action. It is a separate proceeding.
be reviewed. 2) If there is a compelling reason, the
JUDGMENT WILL BE STAYED application may be filed with the court within
The running of the 15-day period will be the juridical region where the crime is
suspended/stayed committed, if the place of commission is
Judgement being appealed will not become known, or with the court where the search
final and executory warrant is to be enforced.
Read: G.R. No. 205275. June 28, 2022 3) If the criminal action has already been
instituted, the application may be filed only
with that court.
Rule126: Search and Seizure What is the lifetime of a search warrant?
Search Warrant- A search warrant is an order - The lifetime of a search warrant is 10 days
in writing issued in the name of the People of from the date it was issued. After that, it
the Philippines, signed by the judge and automatically becomes void and may no longer
directed to a peace officer, commanding him be extended
to search for personal property described What is the remedy against a search warrant?
therein and bring it before the court. (Sec 1) 10Motion to quash the search warrant;
-This can happen in the following instances:
REQUISITES warrant was not signed
place to search was not specified Important factor: Probable cause must first be
court which issued the order does not have satisfied before a warrantless search and
territorial jurisdiction seizure may be lawfully conducted. Without
or probable causes the articles seized cannot be
2) Motion to suppress illegally-obtained admitted in evidence against the person
evidence. arrested.
- The remedies are in the alternate. If you file Examples of presence of probable cause:
a motion to quash and the court denies it, a when there was a distinctive odor of
motion to suppress is no longer available. This marijuana, prior confidential reports and
is because you will be litigating the same informants, etc.
issues.
RULES ON WHERE TO FILE
If no case has been filed yet (original)
*The court which has territorial jurisdiction
over the case (where the crime has been
committed or any of its essential elements has
been committed)
If in case the law enforcement officer wants to
make the search discrete
If there is a case filed
The court where the case is pending
When there is an extraordinary need or if in
the interest of substantial justice
Any court, even without territorial jurisdiction
or not the court where the case is pending

General Search Warrant- place to be searched

is specifically stated in the search warrant
Illegal search and violation of domicile- if the
2 witness rule shall not be followed by the
enforcement officer and if there was no search
warrant was presented upon the search.
*the search is preferably to be implemented
during the day.
Review of principles :
● General rule - The right to be secure in their
persons and properties against unreasonable
searches and seizures is inviolable.
● Exceptions –
1. Warrantless search incidental to a
lawful arrest under Rule 126, sec 12
2. Seizure of evidence in plain view
3. Search of moving vehicles
4. Consented warrantless search
5. Customs search
6. Stop and frisk situations or Terry
search
7. Exigency and emergency
circumstances