CrimPro Rule 117

ABASEE and Associates (AGs)
CRIMINAL PROCEDURE Summarized Notes

RULE 116 Arraignment and Plea Section 1. Arraignment and plea; how made. ARRAIGNMENT a proceeding in criminal case w/c is held in an open court and that the judge/ clerk gives the accused the copy of the complaint/ information, that is to be read to the accused in a language/ dialect known to him; asking the accused if he pleads guilty/ not guilty. SIGNIFICANCE OF ARRAIGNMENT the accused is informed of the nature and cause of the complaint against him. THREE THINGS THAT SHOULD BE DONE BY THE COURT: (a) The accused must be arraigned before the court where the complaint or information was filed or assigned for trial. The arraignment shall be (1) made in open court by the judge or clerk by furnishing the accused with a copy of the complaint or information, (2) reading the same in the language or dialect known to him, and (3) asking him whether he pleads guilty or not guilty. The prosecution may call at the trial witnesses other than those named in the complaint or information. (b) The accused must be present at the arraignment and must personally enter his plea. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings. *the plea of the accused shall be recorded. KINDS OF PLEA: UNCONDITIONAL plea - made by the accused w/out any condition or reservation - the accused voluntarily makes his plea EFFECT: convicting/ warrants the conviction of the accused w/out any further need of evidence. (b) When the accused refuses to plead or makes a conditional plea, a plea of not guilty shall be entered for him. (1a) CONDITIONAL plea - made by the accused subj. to certain conditions EFFECT: tantamounts to a plea of not guilty. It requires full blown trial, so that the trial judge may further accept evidences & promulgate judgment. Q: if the accused refuses to plea? A: a plea of not guilty shall be entered for him by the court REASON: to prevent a mockery of our criminal justice system (c) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty shall be entered for him. REVERTED plea - when the accused pleads guilty to the accused but present exculpatory evidence, a plea of not guilty shall be entered for him by the court. (d) When the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom the case was raffled within three (3) days from the filing of the information or complaint. The accused shall be arraigned within ten (10) days from the date of the raffle. The pre-trial conference of his case shall be held within ten (10) days after arraignment. (e) The private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil liability, and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. (cir. 1-89) (g) Unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within thirty (30) days from the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment shall be excluded in computing the period. (sec. 2, cir. 38-98) *it is the legal duty of the accused to enter his plea (guilty or not guilty!) *As a rule, the accused should be arraigned so that he (accused) could enter his plea that the issues are joined & the trial may now proceed. *after arraignment, pre-trial shall be set however, may be subjected to adjustments. Section 2. Plea of guilty to a lesser offense. At arraignment, the accused, with the consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to a lesser offense which is necessarily included in the offense charged. After arraignment but before trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea of not guilty. No amendment of the complaint or information is necessary. (sec. 4, circ. 38-98) PLEA BARGAINING. Section 3. Plea of guilty to capital offense; reception of evidence. When the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the voluntariness and full comprehension of

the consequences of his plea and require the prosecution to prove his guilt and the precise degree of culpability. The accused may present evidence in his behalf. (3a) Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary. When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to determine the penalty to be imposed. (4) Section 5. Withdrawal of improvident plea of guilty. At any time before the judgment of conviction becomes final, the court may permit an improvident plea of guilty to be withdrawn and be substituted by a plea of not guilty. (5) IMPROVIDENT plea - the accused a plea, unintentionally, bcoz he was merely induced to enter such plea by reason of violence, threat, intimidation etc. (absence of freedom) - kind of plea w/c the accused did not intend to declare! Section 6. Duty of court to inform accused of his right to counsel. Before arraignment, the court shall inform the accused of his right to counsel and ask him if he desires to have one. Unless the accused is allowed to defend himself in person or has employed a counsel of his choice, the court must assign a counsel de oficio to defend him. (6a) PRE-TRIAL DUTIES OF THE JUDGE: 1. shall inform the accused of his right to counsel 2. ask the accused if he needs a counsel 3. if YES, provide the accused an ample time to have his counsel (of own choice). If NO, must appoint a counsel de oficio for the accused SIGNIFICANCE OF THE PRESENCE OF COUNSEL DURING ARRAIGNMENT: - because the accused is not knowledgeable of the intricacies of the law that is why, he needs the assistance of a counsel. Section 7. Appointment of counsel de oficio. The court, considering the gravity of the offense and the difficulty of the questions that may arise, shall appoint as counsel de oficio only such members of the bar in good standing who, by reason of their experience and ability, can competently defend the accused. But in localities where such members of the bar are not available, the court may appoint any person, resident of the province and of good repute for probity and ability, to defend the accused. (7a) Section 8. Time for counsel de oficio to prepare for arraignment. Whenever a counsel de oficio is appointed by the court to defend the accused at the arraignment, he shall be given a reasonable time to consult with the accused as to his plea before proceeding with the arraignment. (8) Section 9. Bill of particulars. The accused may, before arraignment, move for a bill of particulars to enable him properly to plead and to prepare for trial. The motion shall specify the alleged defects of the complaint or information and the details desired. (10a) Section 10. Production or inspection of material evidence in possession of prosecution. Upon motion of the accused showing good cause and with notice to the parties, the court, in order to prevent surprise, suppression, or alteration, may order the prosecution to produce and permit the inspection and copying or photographing of any written statement given by the complainant and other witnesses in any investigation of the offense conducted by the prosecution or other investigating officers, as well as any designated documents, papers, books, accounts, letters, photographs, objects or tangible things not otherwise privileged, which constitute or contain evidence material to any matter involved in the case and which are in the possession or under the control of the prosecution, police, or other law investigating agencies. (11a) Section 11. Suspension of arraignment. Upon motion by the proper party, the arraignment shall be suspended in the following cases: (a) 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; (b) There exists a prejudicial question; and (c) 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. (12a) .. 1. 2. 3. the judge should conducting a searching inquiry regarding the voluntariness of the accused require prosecution to prove the guilt of the accused & precise degree of culpability of the accused inquire WON the accused desires to present evidence in his behalf. If so, allow the accused.
RULE 117 Motion to Quash Section 1. Time to move to quash. At any time before entering his plea, the accused may move to quash the complaint or information.

Nature and Characteristics of a motion to quash special pleading filed by the defendant before entering his plea, which hypothetically admits the truth of the facts spelled out in the complaint or information at the same time that it sets up a matter which, if duly approved, would preclude further proceedings. -an order denying a motion to quash is interlocutory in character (something needs to be done as far as the case is concern) and absent a clear showing that the trial judge has committed a grave abuse of discretion or acted in excess of jurisdiction, the order is not appealable. Motion to quash vs. Demurer to evidence MQ is filed before the defendant enters his plea to the complaint or information, while; DE filed after the prosecution has rested its case. Time to move the quash a motion to quash may be filed only before the accuse has entered his plea to the accusatory pleading, EXCEPT when the same does not charge an offense or where the court has no jurisdiction over the case. Section 2. Form and contents. 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. Formal and substantive requirements of a motion to quash should set out distinctly the grounds upon which the objection is based. -those grounds, except jurisdictional objections, not sharply pleaded in the motion itself may not be taken cognizance of by the court in the resolution of the motion, although they may be, at the time of the filing of the pleading, properly invocable by the defendant. Section 3. Grounds. The accused may move to quash the complaint or information on any of the following grounds: (exclusive in character. no other 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; - jurisdiction of the court to try is determined not by the law in force at the time of the commission of the crime but the INSTITUTION of the criminal action Elements of the Jurisdiction over the offense charged: a. the nature of the offense and/or the penalty attached thereto b. the fact that the offense has been committed within the territorial jurisdiction of the court. (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. Consideration of motions to quash in general a criminal complaint or information the facts alleged should be taken as they are. -Constitution guarantees that in all criminal prosecutions the accused should be informed of the nature and cause of the accusation against him. And in order to give substance to this constitutional guarantee, it is required that the acts or omissions complained of as constituting the offense must be stated in ordinary and concise language so as to enable a person of common understanding to know what offense is intended to be charged. the accused should be informed of the nature and cause of the accusation against him. -Where the facts alleged in the information do not constitute a publishable offense, the court, instead of dismissing the case, should give the prosecution an opportunity to amend the information. Lack of jurisdiction in order that the court may validly try a case, it must have jurisdiction over the subject matter and over the persons of the parties. The former is acquired by concession of the sovereign authority while the latter is acquired by their voluntary appearance in court and their submission to its authority, or by the coercive power of legal process exerted over their persons.

Jurisdiction over the person of the accused may be waived either expressly or impliedly. -Multiplicity of offenses allowed in impeachment proceedings. Grounds for extinction of criminal liability: a. by the death of the convict, as to personal penalties; and as to pecuniary penalties, liability therefor is extinguished only when the death of the offender occurs before final judgment. b. by service of the sentence c. by amnesty, which completely extinguishes the penalty and all its effects d. by absolute pardon e. by prescription of the crime f. by prescription of the penalty g. by the marriage of the offended woman, as provided in Article 344 of the RPC Interruption of period of prescription the filing of a complaint or information interrupts the running of the period of prescription but commences to run again when such proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any person not imputable to him Prescription of criminal liability or penalties: a. Death and Reclusion Perpetua 20 yrs b. Other afflictive pernalities 15 yrs c. Other afflictive penalties 10 yrs with the exception of the penalty of arresto mayor, which prescribe in 5 yrs d. Light penalties 1 yr Section 4. Amendment of complaint or information. If the motion to quash is based on an alleged defect of the complaint or information which can be cured by amendment, the court shall order that an amendment be made. If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall be given by the court an opportunity to correct the defect by amendment. The motion shall be granted if the prosecution fails to make the amendment, or the complaint or information still suffers from the same defect despite the amendment. Amendment of accusatory pleading the rule states that if the motion to quash is based on an alleged defect in the complaint or information which can be cured by amendment, the court shall order the amendment to be made. -Where the information was dismissed for the purpose of amending the information, the defendant is not thereby placed in jeopardy, and such a dismissal is therefore not a bar to the filing of an amended information. Section 5. Effect of sustaining the motion to quash. If the motion to quash is sustained, the court may order that another complaint or information be filed except as provided in section 6 of this rule. If the order is made, the accused, if in custody, shall not be discharged unless admitted to bail. If no order is made or if having been made, no new information is filed within the time specified in the order or within such further time as the court may allow for good cause, the accused, if in custody, shall be discharged unless he is also in custody of another charge. (pertains to MQ which is GRANTED) Effect when motion is granted the accused remains in custody if at the time he is under detention, unless he is admitted to bail. Nevertheless, if the motion to quash is sustained upon any of the following the grounds: a. that the criminal action or liability has been extinguished b. that it contains averments which, if true would constitute a legal excuse or justification; or c. that the accused has been previously convicted or acquitted of the offense charged. the court must state, in its order granting the motion, the release of the accused if he is in custody or the cancellation of his bond if he is on bail. -an order denying a motion to quash is merely interlocutory and therefore not immediately appealable. Appeal in due time, as the proper remedy, implies a previous conviction as a result of a trial on the merits of the case and does not apply to an interlocutory order denying a motion to quash. -on the other hand, if the motion to quash is granted, the order to that effect is a final order, no merely interlocutory and is therefore, appealable at once. Section 6. Order sustaining the motion to quash not a bar to another prosecution; exception . An order sustaining the motion to quash is not a bar to another prosecution for the same offense unless the motion was based on the grounds specified in section 3 (g) and (i) of this Rule. Section 3 (g) and (i): (g) That the criminal action or liability has been extinguished; (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.

-The General Rule is that when a motion to quash is sustained, the order of the court to that effect would not present a legal roadblock to another prosecution of offense. However, if the grounds of sustaining the motion to quash is the above stated par of section 3 then it is a ground for total extinction of criminal liability as well as the ground of double jeopardy. Section 7. Former conviction or acquittal; double jeopardy. When an accused has been convicted or acquitted, or the case against him dismissed or otherwise terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and after the accused had pleaded to the charge, the conviction or acquittal of the accused or the dismissal of the case shall be a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. However, the conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense charged in the former complaint or information under any of the following instances: (a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; (b) the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or (c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116. In any of the foregoing cases, where the accused satisfies or serves in whole or in part the judgment, he shall be credited with the same in the event of conviction for the graver offense. (IMPORTANT PROVISION) Concept of Double Jeopardy it means that when a person is charged with an offense and the cases is terminated either by acquittal or conviction or in any other manner without the consent of the accused, the latter cannot again be charged with the same or identical offense. it protects the accused of being put in the peril of jeopardy twice. SUPREME COURT RULINGS: Pp vs Dela Torre SG is barred to appeal the case otherwise it will run contrary to the rules on Double Jeopardy sine there is already a judgment of final and executor. it will now violate the 2 nd requisite in DJ. Galman vs Pamaran As a GR, a judgment acquitting the accuse will bar the state to appeal due to DJ, however, it can file certiorari under rule 65 provided there is a showing of grave abuse of discretion amounting to lack or excess of jurisdiction. Olager vs Military Commission proceedings b4 military tribunal were null and void. it is void ab initio because civil courts are functionary. As far as civilians are concerned, they should be tried in the civil courts thats why DJ was not considered. Pp vs Balisakon although there was a plea of guilt, there was extinguishing defenses, the plea was considered invalid. therefore, there was no DJ. Scope of Protection this rule is simply to protect the accused from going a 2 nd time thru the proceedings which constitutes the trial. The phrase same offense has always been construed to mean not only that the second offense charged is exactly the same as the one alleged in the first information, but also that the two offenses are identical. When all the ingredients of the former constitute a part of the elements constituting the latter, in other words, one who has been charged with an offense cannot be again charged with the same or identical offense though the latter be lesser or greater than the former. Requisites of DJ: a. 1st jeopardy must be attached prior to the 2nd jeopardy b. 1st jeopardy must have been validly terminated c. 2nd jeopardy must be of the same offense as that of the 1st. Previous conviction the conviction of the defendant constitutes a bar to another prosecution for the same offense, or for any attempt to commit the same or frustration thereof, or for any offense charged in the former complaint or information. Acquital a judgment of the court dismissing the information after the accused entered a plea of not guilty, although based upon an erroneous interpretation of the law, was in effect of a dismissal of the case on the merits, from which no appeal lie on the part of the prosecution. Also, where the accused has been arraigned, pleaded not guilty and was tried upon a valid and sufficient information and the case against him was dismissed by decision of the trial court, he has been placed in jeopardy or danger of punishment for the same offense charged. Dismissal of the case without the consent of the accused of a case tried before a court by virtue of a valid complaint or information or any other charge sufficient to sustain a conviction, after the accused has

pleaded and before judgment, constitutes jeopardy which precludes the placing of the accused again on trial for the same offense whether consummated, frustrated or attempted. Provisional dismissal if the case is dismissed upon his request or with his express consent, the dismissal is not a bar to another prosecution for the same offense because his act constitutes a waiver of his defense of DJ. Identity of offense, what constitute the offense charged in the two prosecutions must be the same in law and in fact. The test is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense. The crime charged in one should be equal to, the same as or lesser than the other, or at least one should necessarily include or is necessarily included in the other. Test of identity of offenses two tests: a. same offense test the conviction or acquittal of the accused or the dismissal of the case against him is a bar to another prosecution for the offense charged, or for any attempt to commit the same or frustration thereof, or for any offense which necessarily includes or is necessarily included in the offense charged in the former complaint or information. *DJ refers to the same offense not of the same act. b. same-evidence test the test for determining whether or not a prosecution for one crime constitutes an obstacle to a subsequent action for another distinct crime upon the same facts, is to inquire whether the facts alleged in the second info, if proven, would have been sufficient to support the former info, of which the accused may have been acquitted or convicted. Exceptions to the Identity Rule: (a) the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge; (b) the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or (c) the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party except as provided in section 1(f) of Rule 116. a. Supervening facts the rule on identity does not apply when the second offense was not in existence at the time of the first prosecution, for the simple reason that in such case there is no possibility for the accused, during the first prosecution, to be convicted for an offense that was then inexistent. It is which changes the character of the offense and together with the facts existing at the time, constitutes a new and distinct offense, the accused cannot be said to be in second jeopardy for the new offense. b. newly discovered facts c. improper affirmative plea to a lesser offense to avoid collusive pleas of guilty to a lesser offense by the accused, a new exception to the identity of offense rule was formulated, thus: there will be no double jeopardy if the plea of guilty to the lesser offense was made without the consent of the fiscal and of the offended party. Section 8. Provisional dismissal. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. (conditions for provincial dismissal) The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order without the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived. (time-bar rule) rationale to strengthen the criminal justice system by providing provisional dismissal. The rights of due process to both: the state and the accused. Pp vs Lacson period is reckoned after service of the order of the prosecutor (receipt of the prosecutor of the Provisional Dismissal) who can file? (sec 8 par 1) 1. Accused may move for the provisional dismissal 2. Prosecutor can also move for the provisional dismissal provided it has the consent of the accused 3. Prosecutor and accused may move for the provisional dismissal. Right of the State to revive the case beyond the one-year or two-year bars it was further made clear in the Lacson case that the State may revive a criminal case beyond the one-year or two-year periods, provided there is a justifiable necessity for the delay Section 9. Failure to move to quash or to allege any ground therefore. The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed a waiver of any objections except those based on the grounds provided for in paragraphs (a), (b), (g), and (i) of section 3 of this Rule.

(a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the offense charged; (g) That the criminal action or liability has been extinguished; (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. Failure to move for quashal of information deemed to have waived all objections then available which are grounds of a motion to quash. Accordingly, even if the information is bad on account of its being duplicitous, if no objection upon that ground was raised, the right to object is deemed waived. RULE 118 Pre-Trial Section 1. Pre-trial; mandatory in criminal cases. In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following: (a) plea bargaining; (b) stipulation of facts; (c) marking for identification of evidence of the parties; (d) waiver of objections to admissibility of evidence; (e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and (f) such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (secs. 2 and 3, cir. 38-98) Notes: When is pre-trial required? Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan, RTC, MTCs and Municipal Circuit Trial Courts. Pre-trial -is mandatory - to speed up litigation - one way of expeditious trial and fair trial by entering the stipulation of facts EFFECT: Judicial declaration amounting to judicial admission which does not needproof or evidence. Significance of pre-trial order: 1.bind parties 2.limit the scope 3. control the action take during trial proceeding BOOK: Purpose of pre-trial: to simplify the issues the issues , shape up the testimonial and documentary evidence, and generallyto clear the desk for trial. What happens during pre-trial? The following things are considered: 1. plea bargaining 2. stipulation of facts 3. marking for identification of evidence of the parties 4. waiver of objections to admissibility of evidence 5. modification of the order of trial if the accused admits the charge but interposes a lawful defense 6. other matters that will promote a fair and expeditious trial of the criminal and civil aspects of the case When should it be conducted? After arraignment and within 30 days from the date the court acquires jurisdiction over the person of the accused. Plea bargaining: the process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval Procedure for plea bargaining: the judge ask the prosecution and the accused if they want to engage plea bargaining. If they so agree, the following are proposed. 1. 2. 3. 4. To make or not to propose favourable recommendations The plea of guilty to a lesser offense The imposable penalty be probationable The dismissal of other changes against the accused

Section 2. Pre-trial agreement. All agreements or admissions made or entered during the pre-trial conference shall be reduced in writing and signed by the accused and counsel, otherwise, they cannot be used against the accused. The agreements covering the matters referred to in section 1 of this Rule shall be approved by the court. (sec. 4, cir. 38-98) BOOK: Trial What is the form required for the pre-trial agreement? Any agreement or admission entered into during the pre-trial conference should be: 1. in writing 2. signed by the accused 3. signed by counsel Otherwise, it cannot be used against the accused. Section 3. Non-appearance at pre-trial conference. If the counsel for the accused or the prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse for his lack of cooperation, the court may impose proper sanctions or penalties. (se. 5, cir. 38-98) BOOK: Purpose: is to enforce the mandatory requirement of pre-trial in criminal cases. Reason why the accused is not included: he is not included in the mandatory appearance is the fear that to include him is to violate his constitutional right to remain silent Sec12, par 1, art 111 1987 Consti. Section 4. 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 to matters not disposed of, and control the course of the action during the trial, unless modified by the court to prevent manifest injustice. (3) BOOK: What is a pre-trial order? It is an order issued by the court after the pre-trial conference containing: 1. a recital of the actions taken, 2. the facts stipulated, and 3. the evidence marked. IMPORTANT: Sec 12,13,14,15 Section 1. Time to prepare for trial. After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pretrial order. (sec. 6, cir. 38-98) NOTES: TRIAL- presentation of evidence; it commenced from arraignment up to promulgation of judgment. Hearing- is broader; it includes incidental matters like MOTIONS but is a period of criminal proceeding. How much time does the accused have to prepare for trial? After he enters his plea of not guilty, the accused shall have at least 15 days to prepare for trial. The trial shall commence within 30days from receipt of the pre-trial order. How long should the trial last? The entire trial period should not exceed 180 days from the first day of trial, except if authorized by the Supreme Court. NOTE: material witness- is the eye witness; the testimony is essential to established the guilt or innocence of the accused. BOOK: TRIAL examination before a competent tribunal, accrdingto the laws of the land, of the facts put in issue in a case, for the purpose of determining such issue. Purpose: insure speedy TRIAL The pre-trial order binds the parties, limits the trial to matters not disposed of, and controls the course of the action during the trial,unless modified by the court to prevent manifest injustice.
RULE 119

Section 2. Continuous trial until terminated; postponements. Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. (2a) The court shall, after consultation with the prosecutor and defense counsel, set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial. In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of trial, except as otherwise authorized by the Supreme Court. (sec. 8, cir. 38-98). The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial. (n) BOOK: Continuous Trial: once commence, shall continue day to day as far as practicable until terminated. Continuance or postponement of trial: trial maybe suspended for a reasonable period of time for good cause. discretion of court. Grounds for continuance: an affidavit should ordinarily be filed showing in what respect the applicant is not ready and that he has made reasonable exertions to prepare for trial w/out success, or some good reason for not making such exertions. Limitation: does not exceed 180 days unless provided by the SC. Section 3. Exclusions. The following periods of delay shall be excluded in computing the time within which trial must commence: (a) Any period of delay resulting from other proceedings concerning the accused, including but not limited to the following: (1) Delay resulting from an examination of the physical and mental condition of the accused; (2) Delay resulting from proceedings with respect to other criminal charges against the accused; (3) Delay resulting from extraordinary remedies against interlocutory orders; (4) Delay resulting from pre-trial proceedings; provided, that the delay does not exceed thirty (30) days; (c) Any period of delay resulting from the mental incompetence or physical inability of the accused to stand trial. (d) If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge had there been no previous charge. (e) A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial has been granted. (f) Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either the accused or his counsel, or the prosecution, if the court granted the continuance on the basis of its findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. (sec. 9, cir. 38-98) BOOK: What are the periods that should be excluded in computing the time within which trial must commence? 1. Any period of delay resulting from other proceedings concerning the accused 2. Any period resulting from the absence or unavailability of an essential witness. (5) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; (6) Delay resulting from a finding of the existence of a prejudicial question; and (7) Delay reasonably attributable to any period, not exceed thirty (30) days, during which any proceeding which any proceeding concerning the accused is actually under advisement. (b) Any period of delay resulting from the absence or unavailability of an essential witness. For purposes of this subparagraph, an essential witness shall be considered absent when his whereabouts are unknown or his whereabouts cannot be determined by due diligence. He shall be considered unavailable whenever his whereabouts are known but his presence for trial cannot be obtained by due diligence.

3. Any period of delay resulting from mental incompetence or physical inability of the accused to stand trial. 4. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commence to run as to the subsequent charge, had there been no previous charge. 5. A reasonable period of delay when the accused is joined for trial with a co-accused over whom the court has not acquired jurisdiction, or as to whom the time for trial has not run and not motion for separate trial has been granted. 6. Any period of delay from a continuance granted by any court motu propio, or on motion of either the accused or his counsel, or the prosecution, if the court granted it on the basis of finding that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial. What are examples of other proceedings concerning the accused which should be excluded from the computation of time? 1. Delay resulting from an examination of the physical and mental condition of the accused; 2. Delay resulting from proceedings with respect to other criminal charges against the accused; 3. Delay resulting from extraordinary remedies against interlocutory orders; 4. Delay resulting from pre-trial proceedings, provided that the delay does not exceed 30 days; Note: It is a matter of discretion on the part of the court. 5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or transfer from other courts; 6. Delay resulting from a finding of the existence of a prejudicial question 7. Delay reasonably attributable to any period not to exceed 30 days during which any proceeding concerning the accused is actually under advisement. Purpose: purpose of factors for granting continuance is to ontrol the discretion of the judge in the grant of continuance on his instance or on motion of any party litigant. When is an essential witness considered absent? When his whereabouts are unknown or cannot be determined with due diligence. When is an essential witness considered unavailable? When his whereabouts are known but his presence at the trial cannot be obtained with due diligence. Section 5. Time limit following an order for new trial. If the accused is to be tried again pursuant to an order for a new trial, the trial shall commence within thirty (30) days from notice of the order, provided that if the period becomes impractical due to unavailability of witnesses and other factors, the court may extend No continuance shall be granted because of congestion of the courts calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. (b) Whether or not the case taken as a whole is so novel, unusual and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the periods of time established therein. In addition, no continuance under section 3(f) of this Rule shall be granted because of congestion of the court's calendar or lack of diligent preparation or failure to obtain available witnesses on the part of the prosecutor. (sec. 10, cir. 38-98) BOOK: What are the factors for granting a continuance/postponement? 1. Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and 2. Whether or not the case taken as a whole is so novel, unusual, and complex, due to the number of accused or the nature of the prosecution, or that it is unreasonable to expect adequate preparation within the periods of time established therein.
Section 4. Factors for granting continuance. The following factors, among others, shall be considered by a court in determining whether to grant a continuance under section 3(f) of this Rule. (a) Whether or not the failure to grant a continuance in the proceeding would likely make a continuation of such proceeding impossible or result in a miscarriage of justice; and

it but not to exceed one hundred eighty (180) days from notice of said order for a new trial. (sec. 11, cir. 3898) BOOK: Limit for new trial- commencement of trial w/c must be within 30 days from the date the order for a new trial becomes final. BOOK: Section 6. Extended time limit. Notwithstanding the provisions of section 1(g), Rule 116 and the preceding section 1, for the first twelve-calendar-month period following its effectivity on September 15, 1998, the time limit with respect to the period from arraignment to trial imposed by said provision shall be one hundred eighty (180) days. For the second twelve-month period, the limit shall be one hundred twenty (120) days, and for the third twelve-month period, the time limit shall be eighty (80) days. (sec. 7, cir. 38-98) BOOK: RA no 8493 took effect Sept. 15, 1998: a. b. c. 12mos from sept. 15,1998 to 1999 180 days; 12 mos from sept. 15, 1999 up to sept. 16, 2001 120 days; 12mos from sept. 16, 2001 upto sept. 16, 2002 80 days. What are the public attorneys duties where his client is being preventively detained? 1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause a notice to be served on the person having custody of the prisoner, requiring such person to advise the prisoner of his right to demand trial. 2. Upon receipt of that notice, the person having custody of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. It at anytime thereafter, the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney. 3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. 37 4. When the person having custody of the prisoner receives from the public attorney a properly supported request for theavailability of the prisoner for purposes of the trial, the prisoner shall be made available accordingly. (c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial. (d) When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial, the prisoner shall be made available accordingly. (sec. 12, cir. 38-98)
Note: the law provides that the timelimit after 3rd 12mos is 80 days but it did not provie the time limit after 80 days- the arraignment can be made anytime after 80 days. Section 7. Public attorney's duties where accused is imprisoned. If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or, is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: (a) Shall promptly undertake to obtain the presence of the prisoner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand trial. (b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to sent promptly to the public attorney.
Section 8. Sanctions. In any case in which private counsel for the accused, the public attorney, or the prosecutor. (a) Knowingly allows the case to be set for trial without disclosing that a necessary witness would be unavailable for trial; (b) Files a motion solely for delay which he knows is totally frivolous and without merit; (c) Makes a statement for the purpose of obtaining continuance which he knows to be false and which is material to the granting of a continuance; or

(d) Willfully fails to proceed to trial without justification consistent with the provisions hereof, the court may punish such counsel, attorney, or prosecution, as follows: (1) By imposing on a counsel privately retained in connection with the defense of an accused, a fine not exceeding twenty thousand pesos (P20,000.00); (2) By imposing on any appointed counsel de oficio, public attorney, or prosecutor a fine not exceeding five thousand pesos (P5,000.00); and (3) By denying any defense counsel or prosecutor the right to practice before the court trying the case for a period not exceeding thirty (30) days. The punishment provided for by this section shall be without prejudice to any appropriate criminal action or other sanction authorized under these rules. (sec. 13, cir. 38-98) BOOK: Supremacy of Constitution will always prevail in case of any conflict with any provision of law or rule Sanctions: criminal, administrative and contempt Section 11. Order of trial. The trial shall proceed in the following order: Section 9. Remedy where accused is not brought to trial within the time limit . If the accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and Section 1, as extended by Section 6 of this rule, the information may be dismissed on motion of the accused on the ground of denial of his right of speedy trial. The accused shall have the burden of proving the motion but the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time under section 3 of this rule. The dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to dismiss under this section. (sec. 14, cir. 38-98) BOOK: If the accused is not brought to trial within the time limit required, what is the remedy? The accused should move to dismiss the information of the ground of denial of his right to speedy trial. He shall have the burden of proving the motion, but the prosecution shall have the burden or proving that the delay was covered by the allowed exclusions of time. If the complaint or information is dismissed, the accused can plead double jeopardy to a subsequent prosecution. Notes: The accused must move to dismiss before actually going to trial. Otherwise, it is a waiver of the right to dismiss. Defense to present its evidence If you dont want to file a demurrer of evidence then you should present evidence (a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. (b) The accused may present evidence to prove his defense, and damages, if any, arising from the issuance of a provisional remedy in the case. (c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. (d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda. (e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified. (3a) Nature for dismissal: rule on double jeopardy Dismissal without prejudice VS. Dismissal with prejudice: Dismissal without prejudice- allows a new suit to be brought on the same cause of action while Dismissal with prejudice an adjudication on the merits and final disposition barring the right to bring an action on the same claim or cause. Section 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution . No provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to any charge of denial of the right to speedy trial guaranteed by section 14(2), article III, of the 1987 Constitution. (sec. 15, cir. 3898). BOOK:

BOOK: Presentation of evidence in chief: it is elemental that all parties to a cause are entitled to a reasonable opportunity to establish their respective pretense. Presentation of rebuttal evidence: any competent evidence to explain, repel, counteract or disprove the adversarys proof. Additional evidence: the court may grant either party the right and the opportunity to adduce add. Evidence bearing upon the main issue in question. Submission of the case for decision: upon the submission of the parties evidence in chief, rebuttal and surrebuttal proof, the case is deemed submitted for decision unless the court directs them to argue their respective submissions orally or for them to submit their respective memorandum. Modification o trial order: RULE: the order in the presentation of evedince shall be followed. Reason: Sec. 12 and 15 Section 12. Application for examination of witness for accused before trial. When the accused has been held to answer for an offense, he may, upon motion with notice to the other parties, have witnesses conditionally examined in his behalf. The motion shall state: (a) the name and residence of the witness; (b) the substance of his testimony; and (c) that the witness is sick or infirm as to afford reasonable ground for believing that he will not be able to attend the trial, or resides more than one hundred (100) kilometers from the place of trial and has no means to attend the same, or that other similar circumstances exist that would make him unavailable or prevent him from attending the trial. The motion shall be supported by an affidavit of the accused and such other evidence as the court may require. (4a) NOTES: BOOK: Sec. 12 and 15: Conditional examination of defense witness: Conditional examination of defense witness VS. Conditional witness for the prosecution Where the person has been held to answer for the commission of an offense. Examining the witness1. should be done before trial Who may examine a defense witness? Who may examine a prosecution witness? That he may not able to attend trial Section 13. Examination of defense witness; how made. If the court is satisfied that the examination of a witness for the accused is necessary, an order will be made directing that the witness be examined at a specified date, time and place and that a copy of the order be served on the prosecutor at least three (3) days before the scheduled examination. The examination shall be taken before a judge, or, if not practicable, a member of the Bar in good standing so designated by the judge in the order, or if the order be made by a court of superior jurisdiction, before an inferior court to be designated therein. The examination shall proceed notwithstanding the absence of the prosecutor provided he was duly notified of the hearing. A written record of the testimony shall be taken. (5a) 1. 2. Witness is too sick to appear Has to leave into the phils. w/out definite date term to return Sec11 par b, the presentation of rebuttal may is a matter of right The plaintiff will present the rebuttal for the prosecution to present SURREBUTTAL contradct, refute 2. 3. No means to attend the trail Utter similar circumstances that would made himavailable
Witness for the prosecution-
DISPOSITION: Witness: 1. 2. 3. To a JUDGE Members of the BAR in GOOD Standing Before and inferior court
Prosecution: Judge of court where the case is pending.

A defense witness may be examined by any judge or by any member of the bar in good standing designated by the judge, or before an inferior court. On the other hand, a prosecution witness may only be examined before the judge of the court where the case is pending. If there are two or more accused, should they be tried jointly or separately? As a general rule, when two or more accused are jointly charged with an offense, they should also be tried jointly. However, the court, in its discretion and upon motion of the prosecutor or any accused, may order separate trial for one of the accused. What happens to the evidence presented in the trial of the other accused if a separate trial is granted? When a separate trial is demanded and granted, it is the duty of the prosecution to repeat and produce all its evidence at each and every trial, unless it had been agreed by the parties that the evidence for the prosecution would not have to be repeated at the second trial and all the accused had been present during the presentation of the evidence of the prosecution and their attorney had the opportunity to crossexamine the witnesses for the prosecution. Section 14. Bail to secure appearance of material witness. When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken. (6a) BOOK: It is an inherent power of every court to compel the attendance of persons to testify in a case pending before it. Section 15. Examination of witness for the prosecution. When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the order of the court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused. (7a) Section 16. Trial of several accused. When two or more accused are jointly charged with any offense, they shall be tried jointly unless the court, in its discretion and upon motion of the prosecutor or any accused, orders separate trial for one or more accused. (8a) NOTES: Sec 16 and Sec. 22 Sec 16- shall be tried jointly is mandatory CASE: Dakanay v People Trialcould still be maintain antagonism Effect of sep of trial Ex. 3 accused, antagonism Exx. 3 accused charged in one info Rule: joint trial Separate trial- is purely discretionary, presentation of evidence EXCEPTION: Automatic Joint Trial
such procedure would entail the repetition of the
Sep of Trial- the testimony of the co-accused imputing to the other accused does not or inadmissableof evidence Joint Trial- the testimony would be admissible if the accused is afforded to cross examin his co-accused CONSOLIDATION: Purely discretionary of the court toorder consolidation Reason: 1. 2. 3. Avoid multiplicity of suits Prevent oppression of abuse Prevent delay

Consolidation: - 2 or more case are tried before the same judge - 2 or more cases filed wd diff branches of the same court provided that one of the case has not tried (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. 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 in evidence. (9a) Notes: The case to be consolidated are founded on the same facts orforming fact of a similar character Sec 17, Requisites: 1. Filing of a motion to discharge of the accused as S. Witness by the prosecution 2. 2 ormore charge of the same offense 3. HEARING Should be exercise strictly on the basis of the conditions The court cannot motto proprio to discharge the case bec. The power to prosecute the case lies to the PUBLIC PROSECUTOR !
Reviewer: If there are two or more accused, should they be tried jointly or separately? As a general rule, when two or more accused are jointly charged with an offense, they should also be tried jointly. However, the court, in its discretion and upon motion of the prosecutor or any accused, may order separate trial for one of the accused. What happens to the evidence presented in the trial of the other accused if a separate trial is granted? When a separate trial is demanded and granted, it is the duty of the prosecution to repeat and produce all its evidence at each and every trial, unless it had been agreed by the parties that the evidence for the prosecution would not have to be repeated at the second trial and all the accused had been present during the presentation of the evidence of the prosecution and their attorney had the opportunity to crossexamine the witnesses for the prosecution. X, a public officer, was charged with malversation of public funds in conspiracy with Y, a civilian. Should they both be tried in the Sandiganbayan? Yes. In case private individuals are charged as co-principals, accomplices, or accessories with public officers, they shall be triedjointly with said public officers in the proper courts which shall exercise exclusive jurisdiction over them. Section 17. Discharge of accused to be state witness. When two or more persons are jointly charged with the commission of any 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 consent so that they may be witnesses for the state when, 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;
Q: may a potential accused be excluded the info w/out court approval ? A: NO ! there must be a motion and approval by the court bec its purely discretionary; EXCEPT- RA 6981 Witness Protection Act even, ww/out the approval of court the potential accused can be excluded. Condition: It is part of the prosecutional discretion 1. 2. 3. 4. 5. When absolute; the testimony is essential to establish the commission of the crime and merely corroborative 2 or more evidence No other direct evidence direct v. substantial (direct evidence is superior) What will happen if the testimony cannot be corroborated? The accused cannot be discharged as S.Witness. Required corroboration to ascertained the truthfulness of statements of the said accused only required that the accused is not the most guilty Conviction, should be final judgment should involvemoral turpitude
(b) The is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
REVIEWER:

Can the court grant the discharge before the prosecution has finished presenting all its evidence? No. The court should resolve any motion to discharge only after the prosecution has presented all of its evidence since it is at this time when the court can determine the presence of the requisites above. Although Chua v. CA (p. 703 of Herrera) says that the prosecution is not required to present all its other evidence before an accused can be discharged. The accused may be discharged at any time before the defendants have entered upon their defense. What is the meaning of absolute necessity of the testimony of the proposed state witness? It means that there is no other evidence to establish the offense other than the testimony of the accused. For example, where an offense is committed in conspiracy and clandestinely, the discharge of one of the conspirators is necessary in order to provide direct evidence of the commission of the crime. No one else other than one of the conspirators can testify on what happened among them. What is the remedy of the prosecution if the court denies the motion to discharge? The State can file a petition for certiorari. Section 18. Discharge of accused operates as acquittal. The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for the discharge. (10a) BOOK: 1.Evidence in support of the discharge become part of the trial. But if the court denies the motion to discharge, his sworn statement shall be inadmissible in evidence. 2. Discharge of the accused operates as an acquittal and bar to further prosecution for the same offense, EXCEPT if he fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis of the discharge. In this case, he can be prosecuted again AND his admission can be used against him. Section 19. When mistake has been made in charging the proper offense . When it becomes manifest at any time before judgment that a mistake has been made in charging the proper offense and the accused cannot be convicted of the offense charged or any other offense necessarily included therein, the accused shall not be discharged if there appears good cause to detain him. In such case, the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. (11a) NOTES: Rule 110 Sec14 last par. If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance at the trial. (14a) When mistake as being made in charging the proper offense Sec14of rul 110 provide the accused willnot be place in Double Jeopardy
Section 20. Appointment of acting prosecutor. When a prosecutor, his assistant or deputy is disqualified to act due to any of the grounds stated in section 1 of Rule 137 or for any other reasons, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor. (12a) Section 21. Exclusion of the public. The judge may, motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. He may also, on motion of the accused, exclude the public from the trial, except court personnel and the counsel of the parties. (13a) Section 22. Consolidation of trials of related offenses. Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court. (14a) Section 23. Demurrer to evidence. After the prosecution rests its case, the court may dismiss the action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without leave of court. If the court denies the demurrer to evidence filed with leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused waives the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. (15a) The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall be filed within a non-extendible period of five (5) days after the prosecution rests its case. The prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.

If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a similar period from its receipt. The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself shall not be reviewable by appeal or by certiorari before judgment. (n) NOTES: Demurrer of evidence: the same as the motion to dismiss insufficiency if so, the court in its own initiative rest the case an unqualified waiver What is the effect of filing the demurrer to evidence with leave of court? If the court grants it, the case is dismissed. If the court denies the demurrer to evidence filed with leave of court, the accused may still adduce evidence in his defense. What is the effect of filing the demurrer to evidence without leave of court? If the court denies the demurrer to evidence without leave of court, the accused is deemed to have waived his right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. This is because demurrer to evidence is not a matter of right but is discretionary on the court. You have to ask for its permission before filing it, or else you lose certain rights. What is the remedy of the accused if the demurrer to evidence is denied? As a general rule, there can be no appeal or certiorari from the denial of the demurrer to evidence, since it is an interlocutory order, which does not pass judgment on the merits of the case. The codal says that there is no certiorari, but J. Sabio says that if there was grave abuse of discretion, there can be certiorari. Section 24. Reopening. At any time before finality of the judgment of conviction, the judge may, motu proprio or upon motion, with hearing in either case, reopen the proceedings to avoid a miscarrage of justice. The proceedings shall be terminated within thirty (30) days from the order grating it. (n) REVIEWER: When can a case be reopened? At any time before finality of judgment of conviction, the judge may reopen the case either on his own volition or upon motion, with hearing in either case, in order to avoid a miscarriage of justice. The proceedings should be terminated within 30 days from the order granting the reopening of the case. RULE 120 Judgment Section 1. Judgment definition and form. Judgment is the adjudication by the court that the accused is guilty or not guilty 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
REVIEWER: What is a demurrer to evidence? It is a motion to dismiss the case filed by the defense after the prosecution rests on the ground of insufficiency of the evidence of the prosecution. What are the ways by which a case may be dismissed on the basis of insufficiency of evidence of the prosecution? There are two ways: 1. the court may dismiss the case on its own initiative after giving the prosecution the right to be heard; or 2. upon demurrer to evidence filed by the accused with or without leave of court. How do you file a demurrer to evidence with leave of court? Within 5 days after the prosecution rests, the accused should file a motion for leave of court to file a demurrer to evidence. In the motion for leave of court, he should state his grounds. The prosecution shall have 5 days within which to oppose the motion. If the leave of court is granted, the accused shall file the demurrer to evidence within 10 days from notice of the grant of leave of court. The prosecution may oppose the demurrer to evidence within 10 days from its receipt of the demurrer.

by him and shall contain clearly and distinctly a statement of the facts and the law upon which it is based. (correlate w/ Article 8, section 14 of the 1987 Constitution) GEN. RULE: no decision shall be rendered w/out expressly stating the FACTS of the case and the LAW to which judgment was based upon. SCENARIO: A, judge, conducted the trial against the accused. After the prosecution has rested its case, judge A retired from the service. Der was another judge; the accused filed a demurrer to evidence. Q: can the new judge render the judgment? A: YES, he will based his judgment on the transcript of stenographic notes of the case. Section 2. Contents of the judgment. If the judgment is of CONVICTION, it shall state: (1) the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission; (2) the participation of the accused in the offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived. In case the judgment is of ACQUITTAL, it shall state: - whether the evidence of the prosecution absolutely failed to prove the guilt of the accused; or - merely failed to prove his guilt beyond reasonable doubt. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist. SITUATIONS IN THE JUDGMENT: 1. accused be held guilty w/ civil liability. 2. accused is guilty but w/out civil liability 3. acquittal w/ civil liability see sec. 4 4. acquittal w/out civil liability. MULTIPLE CONVICTION comes into picture if the accused FAILS TO OBJECT and that the court may convict him as many offenses proven and charged. Section 4. Judgment in case of variance between allegation and proof. When there is VARIANCE between the offense charged in the complaint or information and that proved, and the offense as charged is included in or necessarily includes the offense proved, the accused shall be convicted of the offense proved which is included in the offense charged, or of the offense charged which is included in the offense proved. NB: An accused can only be convicted of an offense only when it is both CHARGED & PROVED. * it is absolutely essential that the accused be informed of the nature & cause of the accusation against him; and * that, it is necessary that all the allegation MUST be proven. Section 5. When an offense includes or is included in another. An offense charged necessarily includes the offense proved when SOME of the essential elements or ingredients of the former (offense charged), as alleged in the complaint or information, constitute the latter (offense proved). And an offense charged is necessarily included in the offense proved, when the essential ingredients of the former constitute or form a part of those constituting the latter (offense proved). EXAMPLES: 1. accused was charged of murder. Homicide TRI was what was only proven during the trial. Section 3. Judgment for two or more offenses. When two or more offenses are charged in a single complaint or information but the accused FAILS TO OBJECT to it BEFORE trial, the court may convict him (accused) of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense. (3a) FAILURE TO OBJECT the court MAY convict the accused as many offenses charged and proved. * PP v. ROBLES the accused was charged w/ 1 count of rape. During the trial, 3 other counts of rape was proven by the prosecution. Q: can the accused be convicted of the other 3 counts? A: No, only that alleged in the information & proved.

Q: can the court convict the accused w/ murder or of the lesser offense (homicide TRI)? A: the accused be convicted w/ the lesser offense. Bcoz, base upom the theory that: THE GREATER OFFENSE INCLUDES THE LESSER OFFENSE. 2. accused was charged w/ homicide. Aggravating circumstances was proven during the trial. Q: can the court convict the accused w/ murder? A: no, bcoz it wud violate the right of the accused to be informed. 3. accused was charged for malversation. Malversation thru negligence was proven. A: can the court convict the accused of malversation? A: YES, bcoz the elements are the same. 4. accused was charged for rape. Simple seduction was proven during trial. Q: can the court convict the accused w/ simple seduction? A: NO, bcoz the elements are not the same NOTE: as long as the accused right to be informed of the nature & cause of accusation against him, the accused may convicted of the lesser offense. Section 6. 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. If the accused is CONFINED OR DETAINEED IN ANOTHER PROVINCE OR CITY, the judgment may be promulgated by the executive judge of the Regional Trial Court having jurisdiction over the place of confinement or detention upon request of the court which rendered the judgment. absentia because he jumped bail or escaped from prison, the notice to him shall be served at his last known address. In case the accused fails to appear at the scheduled date of promulgation of judgment despite notice, the promulgation shall be made by recording the judgment in the criminal docket and serving him a copy thereof at his last known address or thru his counsel. If the judgment is for CONVICTION and the failure of the accused to appear was without justifiable cause, he shall lose the remedies available in these rules against the judgment and the court shall order his arrest. Within fifteen (15) days from promulgation of judgment, however, the accused may surrender and file a motion for leave of court to avail of these remedies. He shall state the reasons for his absence at the scheduled promulgation and if he proves that his absence was for a justifiable cause, he shall be allowed to avail of said remedies within fifteen (15) days from notice. * purely procedural in character. Section 7. Modification of judgment. A judgment of CONVICTION may, upon motion of the accused, be modified or set aside before it becomes final or before appeal is perfected. EXCEPTION: where the death penalty is imposed, A JUDGMENT BECOMES FINAL: after the lapse of the period for perfecting an appeal, or when the sentence has been partially or totally satisfied or served, or when the accused has waived in writing his right to appeal, or has applied for probation. Section 8. Entry of judgment. After a judgment has become final, it shall be entered in accordance with Rule 36. Section 9. Existing provisions governing suspension of sentence, probation and parole not affected by this Rule. Nothing in this Rule shall affect any existing provisions in the laws governing suspension of sentence, probation or parole.
The court promulgating the judgment shall have authority to accept the notice of appeal and to approve the bail bond pending appeal; provided, that 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 and resolved by the appellate court. The proper clerk of court shall give notice to the accused personally or through his bondsman or warden and counsel, requiring him to be present at the promulgation of the decision. If the accused tried in

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ABASEE and Associates (AGs)

CRIMINAL PROCEDURE Summarized Notes

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

Witness for the prosecution-

Prosecution: Judge of court where the case is pending.

ABASEE and Associates (AGs)

such procedure would entail the repetition of the

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

ABASEE and Associates (AGs)

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