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PRELIMINARIES 1. Jurisdiction is determined by the extent of the penalty which the law imposes, on the basis of the facts as recited in the complaint or information constitutive of the offense charged. Not determined by: what may be meted out to the offender after trial the result of the evidence that would be presented during the trial Jurisdiction is retained regardless of: whether the evidence proves a lesser offense than that charged in the information, the subsequent happening of events, although of a character which would have prevented jurisdiction from attaching in the first instance. Instituted directly with the MTC and MCTC, or the complaint is filed with the Office of the Prosecutor. In Manila and other chartered cities, the complaint shall be filed with the Office of the Prosecutor unless otherwise provided in their charters.
3. Take Note: A complaint for offenses cognizable by the RTC is NOT filed directly with the RTC either for purposes of preliminary investigation or for commencement of the criminal prosecution. 4. The institution of the criminal action interrupts the running of the period of prescription of the offense charged Unless: otherwise provided in special laws. Act No. 3323 governs the prescriptive periods of violations of special laws, or offenses other than those penalized under the Revised Penal Code.
2. General Rule: Jurisdiction of a court to try criminal action is to be determined by the law at the time of the institution of the action. Exception: where the statute expressly provides, or is construed that it is intended to operate to actions pending before its enactment, in which case, the court where the criminal action is pending is ousted of jurisdiction and the pending action will have to be transferred to the other tribunal which will continue the proceeding.
5. The filing of a complaint for purposes of preliminary investigation starts the prosecution process. The complaint or information 1. Requisites: in writing in the name of the People of the Philippines Against all persons who appear to be responsible for the offense involved. 2. Who is the real offended party? The People of the Philippines, but since the crime is also an outrage against the offended party, he is entitled to intervene in its prosecution in cases where the civil action is impliedly instituted therein. Complaint 1. Definition: A complaint is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated. 2. The complaint as defined under Section 3 is different from the complaint filed with the Prosecutors Office. 3. The complaint filed with the Prosecutors Office, from which the latter may initiate a preliminary investigation, refers to: any written complaint filed by an offended party or not not necessarily under oath, except in 2 instances: complaint for commission of an offense which cannot be prosecuted de officio or is private in nature where the law requires that it is to be started by a complaint sworn to by the offended party, or when it pertains to those which need to be enforced by specified public officers. 4. Under the Rule on Summary Procedure: a complaint may be directly filed in the MTC, provided that in Metro Manila and in chartered cities, the criminal action may only be commenced by the filing of information, which means by the prosecutor, except when the offense cannot be prosecuted de officio as in private crimes.
3. Venue is jurisdictional. Thus: Action must be instituted and tried in the municipality or territory where the offense has been committed or where any one of the essential ingredients thereof took place. 4. General Rule: the question of jurisdiction may be raised at any stage of the proceedings. Exception: may not be raised for the first time on appeal, where there has been estoppel and laches on the party who raises the question. RULE 110 PROSECUTION OF OFFENSES Institution of Criminal Actions 1. For offenses which require preliminary investigation: By filing the complaint with the proper officer for preliminary investigation. Refers to a complaint-affidavit, and is different from the complaint defined in Section 3 of Rule 110. These offenses are those where the penalty prescribed by law is at least 4 years, 2 months and 1 day of imprisonment without regard to the fine.
2. For all other offenses, or for offenses which are penalized by law with lower than at least 4 years, 2 months and 1 day without regard to the fine:
3. Private Prosecutor Participation: May a public prosecutor allow a private prosecutor to actively handle the conduct of the trial? Yes, where the civil action arising from the crime is deemed instituted in the criminal action. Public Prosecutor must be present during the proceedings and must take over the conduct of the trial from the private prosecutor at any time the cause of the prosecution may be adversely affected. Thus, where the prosecutor has turned over the active conduct of the trial to the private prosecutor who presented testimonial evidence even when the public prosecutor was absent during the trial, the evidence presented could not be considered valid evidence of the People. However: this rule applies only to courts which are provided by law with prosecutors, and not to municipal courts which have no trial prosecutors, in which case the evidence presented by the private prosecutor can be considered as evidence for the People.
*However, under an amendment made by the SC effective May 1, 2002, Rule 110 Section 5 now provides that All criminal actions either commenced by complaint or by information shall be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn." 4. General Rule: In appeals, the Sol. Gen. has control. He may abandon or discontinue the prosecution of the case in the exercise of his sound discretion and may even recommend the acquittal of an accused when he believes that the evidence does not warrant his conviction. Exception: provided for in RA 8249 which states in part that in all cases elevated to the Sandiganbayan and from the SB to the SC, the Office of the Ombudsman, through its special prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to EO Nos. 1, 2, 14 and 14-A, issued in 1986.
2. Prior to the filing of the information in court , the prosecutor has full control of the case. He decides who should be charged in court and who should be excluded from the information. However: His decision on the matter is subject to review by: the Secretary of Justice who exercises supervision and control over his actions and
5. When it is said that the requirement of Art. 344 of RPC is jurisdictional, what is meant is that it is the complaint that starts the prosecutory proceeding. It is not the complaint which confers jurisdiction on the court to try the case. 6. Once the complaint is filed, does death of the complainant in a crime of adultery extinguish the criminal liability of the accused? No. The participation of the offended party in private crimes is essential not for the
Sufficiency of complaint or information 1. A complaint is sufficient if it states: the name of the accused the designation of the offense by a statute the acts or omission complained of as constituting the offense the name of the offended party the approximate time of the commission of the offense the place where the offense was committed. 2. Purpose: to safeguard the constitutional right of an accused to be informed of the nature and cause of the accusation against him.
Name of the accused 1. If name is known: the name and surname of the accused or any appellation or nickname by which he has been or is known. 2. If name cannot be ascertained: a fictitious name with a statement that his true name is unknown. If true name thereafter disclosed: such true name shall be inserted in the complaint or information and record. 3. While one or more persons, along with specified and named accused, may be sued as John Does, an information against all accused described as John Does is void, and an arrest warrant against them is also void. Designation of the offense 1. In case of a conflict between the designation of the crime and the recital of facts constituting the offense , the latter prevails over the former. 2. The real question is not, did he commit a crime given in the law some technical and specific name, but did he perform the acts alleged in the body of the information. If he did, it is of no consequence to him, either as a matter of procedure or of substantive right, how the law denominates the crime. Cause of accusation 1. If one or more elements of the offense have not been alleged in the information, the accused cannot be convicted of the offense charged, even if the missing elements have been proved during the trial. Even the accuseds entering a plea of guilty to such defective information will not cure the defect, nor justify his conviction of the offense charged.
Intervention of the offended party in criminal action 1. Where the offended party withdrew a reservation to file a separate civil action, the private prosecutor may still intervene in the prosecution of the criminal case, by conducting the examination of witnesses under the control of the prosecutor. However: once the offended party has filed a separate civil action arising from the crime , he may not withdraw such civil case in order to intervene in the criminal prosecution. He loses the right to intervene. He no longer has any standing in the criminal case, except to be a prosecution witness.
2. Where a criminal action has been provisionally dismissed upon motion of the prosecutor, can the case be revived upon motion of the offended party? No, because the offended party or complaining witness cannot act for the prosecutor. RULE 111 PROSECUTION OF CIVIL ACTION Institution of criminal and civil actions 1. General Rule: the institution or filing of the criminal action includes the institution therein of the civil action for recovery of civil liability arising from the offense charged. Except in the following instances:
5. General Rule: after arraignment, the prosecutor may no longer amend the information which changes the nature of the crime, as it will prejudice the substantial rights of the accused. Exception: when a fact supervenes which changes the nature of the crime charged in the information or upgrades it to a higher crime, the prosecutor, with leave of court, may amend the information to allege such supervening fact and upgrade the crime charged to the higher crime brought about by such supervening fact. However: if the supervening event which changes the nature of the crime to a more serious one occurred after the accused has been convicted, which makes the amendment of the information no longer the remedy of the prosecution, the prosecution can and should charge the accused for such more serious crime, without placing the accused in double jeopardy, there being no identity of the offense
the offended party waives the civil action; he reserves his right to institute the civil action separately; or he institutes the civil action prior to the criminal action. 2. The employer may not be held civilly liable for quasi-delict in the criminal action as ruled in Maniago v. Court of Appeals since quasi-delict is not deemed instituted with the criminal. If at all, the only civil liability of the employer in the criminal action would be his subsidiary liability under the Revised Penal Code. 3. Two instances where no reservation shall be allowed: a criminal action for violation of BP 22 unless a separate civil action has been filed before the institution of the criminal action, no such civil action can be instituted after
4. When the reservation of the right to institute the separate civil actions shall be made: before the prosecution starts to present its evidence and under circumstances affording the offended party a reasonable opportunity to make such a reservation. 5. The rule requiring reservation to file a separate civil action does not apply to civil actions which can be filed and prosecuted independently of the criminal action, namely, those provided in Arts. 32, 33, 34 and 2176 of the Civil Code. 6. Although the criminal and civil actions may be joined in the criminal case, they are distinct from each other. The plaintiffs in the two actions are different. Thus: even if the accused started serving his sentence within the 15-day period from the promulgation of the judgment of conviction by the lower court, thereby making the judgment against him final, the complainant may, within the 15-day reglementary period, still ask that the civil liability be fixed by the court, if the judgment does not adjudicate any civil liability, as the judgment regarding civil liability has not become final and the court still has jurisdiction to adjudge the civil liability.
7. Rules on Filing Fees: No filing fees are required for amounts of actual damages. Exception: criminal action for violation of BP 22 which is deemed to include the corresponding civil action. The offended party shall, upon the filing of the criminal and civil actions, pay in full the filing fees based on the face value of the check as the actual damages. Purpose of Exception: to prevent the offended party from using the prosecutors office and the court as vehicles for recovery of the face value of the check, without paying the corresponding filing fees therefor.
When separate civil action is suspended Take Note: Article 29 of the Civil Code merely emphasizes that a civil action for damages is not precluded by the acquittal of an accused for the same criminal act or omission. It does not state that the remedy can be availed of only in a separate civil action. When civil action may proceed independently 1. Prior reservation is not necessary to file separate civil action under Arts. 32, 33, 34 and 2176 of the Civil Code. The phrase which has been reserved that has caused conflicting rulings in the past has now been deleted. 2. Actions based on quasi-delict may be filed independently of the criminal action regardless of the result of the criminal action, except that a plaintiff cannot recover damages twice for the same act or omission of the defendant. Effect of death of the accused on civil actions 1. After arraignment and during the pendency of the criminal action: General Rule: death extinguishes the civil liability arising from delict or the offense
With respect to damages other than actual, if these damages are specified in the complaint or information, the corresponding filing fees should be paid, otherwise, the trial court will not acquire jurisdiction over such other damages. Where moral, exemplary and other damages are not specified in the complaint or information, the grant and amount thereof are left to the sound discretion of the trial court, the corresponding filing fees need not be paid and shall simply constitute a first lien on the judgment.
2. The refusal of the court to remand the case for PI can be controlled by certiorari and prohibition to prevent trial. Officers authorized to conduct preliminary investigation 1. No longer authorized to conduct PI: By implication, MTC judges in Manila and in chartered cities have not been granted the authority to conduct PI, as the officers authorized to do so are the prosecutors. Judges of RTCs 2. Two types of offenses may be filed in the MTC for preliminary investigation: a case cognizable by the RTC may be filed with the MTC for PI; even if it is cognizable by the MTC because it is an offense where the penalty prescribed by law is at least 4 years 2 months and 1 day.
2. Before arraignment: The civil action impliedly instituted in the criminal action shall be dismissed without prejudice to the offended partys filing a civil action against the administrator of the estate of the deceased. 3. Pending appeal of his conviction: extinguishes his criminal liability as well as the civil liability based solely thereon. 4. Prior to final judgment: terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed. Judgment in civil action not a bar The judgment in civil actions based on Arts. 32, 33, 34 and 2176 absolving the defendant from civil liability does not bar the criminal action. Prejudicial question 1. The prejudicial question may be raised during the preliminary investigation of the offense or in court before the prosecution rests its case. 2. The suspension of the criminal case due to a prejudicial question is only a procedural matter, and is subject to a waiver by virtue of prior acts of the accused. 3. There is no prejudicial question where one case is administrative and the other is civil. RULE 112 PRELIMINARY INVESTIGATION Preliminary investigation defined; when required 1. Preliminary investigation is: not part of the trial of the criminal action in court. Nor is its record part of the record of the case in the RTC. subject to the requirements of both substantive and procedural due process. The right of an accused to a preliminary investigation is not a constitutional but merely a statutory right. Nonetheless, it is a
3. Regarding offenses falling within the original jurisdiction of the Sandiganbayan: Prosecutors or municipal trial court judges conducting PI of offenses falling within the original jurisdiction of the Sandiganbayan shall, after their conclusion, transmit the records and their resolutions to the Ombudsman or his deputy for appropriate action. Moreover, the prosecutor or judge cannot dismiss the complaint without the prior written authority of the Ombudsman or his deputy, nor can the prosecutor file an information with the Sandiganbayan without being deputized by, and without prior written authority of, the Ombudsman or his deputy.
4. Regarding election offenses: The exclusive jurisdiction of the Comelec to investigate and prosecute election offenses inheres even if the offender is a private individual or public officer or employee, and in the latter instance, irrespective of whether the offense is committed in relation to his official duties or not. In other words, it is the nature of the offense, namely, an election offense as defined in the Omnibus Election Code and in other election laws, and not the personality of the offender that matters. 5. Regarding the Ombudsman: The power of the Ombudsman to make investigation extends to any illegal act or omission of any public
3. Role of Secretary of Justice: The Secretary of Justice is not prevented from entertaining an appeal from the accused or from the offended party even after the information has been filed and the trial court has arraigned the accused. Section 4 of DOJ 223 should be construed as merely enjoining the Secretary of Justice to refrain, as far as practicable, from entertaining a petition for review or appeal from the action of the prosecutor once the complaint or information is filed in court. If the Secretary reverses the ruling of the prosecutor, the latter has to file the necessary motion to dismiss the complaint or information, the grant or denial of which is subject to the discretion of the trial court.
6. Effect of an incomplete PI: does not warrant the quashal of the information does not affect the courts jurisdiction or the validity of the information.
Procedure 1. By reason of the abbreviated nature of PI, a dismissal of the charges as a result thereof is not equivalent to a judicial pronouncement of acquittal. 2. The accused or respondent in a criminal prosecution may avail himself of discovery remedies either during preliminary investigation or when the information has already been filed in court. 3. A motion to dismiss is now a prohibited pleading during preliminary investigation. 4. The respondent is now required to submit counter-affidavits and other supporting documents relied upon by him for his defense. 5. The respondent now has the right to examine the evidence submitted by the complainant of which he may not have been furnished and to obtain copies thereof at his expense.
4. Effect if the information is filed by someone not authorized by law: The court does not acquire jurisdiction . The accuseds failure to assert lack of authority on the part of the prosecutor in filing the information does not constitute a waiver thereof. 5. The prosecutor is required to resolve the complaint based on the evidence presented by the complainant in the event that the respondent cannot be subpoenaed or the respondent, if subpoenaed, does not submit a counter-affidavit within the 10day period. Resolution of investigating judge and its review Non-judicial function: When a municipal judge conducts PI, he performs a non-judicial function. Consequently, the findings of the investigating judge are subject to review by the provincial prosecutor whose findings in turn may also be reviewed by the Secretary of Justice in appropriate cases.
2. In case a person is arrested without a warrant, a complaint or information may only be filed after an inquest conducted in accordance with existing rules. Provided: that in the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.
4. Where an information has already been filed in court, and the Secretary of Justice reversed the prosecutors finding of probable cause, what should the trial court do upon the prosecutors motion to dismiss? He must make his own assessment of the evidence and not just rely on the conclusion of the prosecutor, otherwise the court becomes a mere rubber stamp. 5. Regarding reinvestigation: Once the complaint or information is filed in court , any motion for reinvestigation is addressed to the sound discretion of the court. While the trial court judge has the power to order the reinvestigation of the case by the prosecutor, he may not, before the prosecutor concluded the reinvestigation, recall said order, set the case for arraignment and trial, without gravely abusing his discretion.
3. Before the filing of a complaint or information, the person arrested without a warrant may ask for a preliminary investigation by a proper officer, but he must sign a waiver of the provisions of Art. 125 of the RPC. 4. If the accused allows himself to be arraigned without asking for a preliminary investigation, he is deemed to have waived the right to such PI. Cases not requiring preliminary investigation nor covered by the Rule on Summary Procedure The respondent or accused is not entitled to preliminary investigation in the following cases: cases governed by the Rules on Summary Procedure; cases where the punishment does not exceed 4 years 2 months and 1 day. RULE 113 ARREST Definition of arrest Application of actual force, manual touching of the body, physical restraint or formal declaration of arrest is not required. Arrest includes submission to the custody of the person making the arrest. Execution of warrant 1. The judge issues a warrant of arrest in 2 instances: (1) Upon the filing of the information by the prosecutor. In issuing this kind of warrant , the judge does not personally examine the complainant and the witnesses he may produce, but he merely evaluates personally the report and supporting documents and other evidence adduced during the preliminary investigation and submitted to him by the prosecutor, and if he finds probable cause on the basis thereof he issues the warrant for the arrest of the accused.
6. Municipal judge may issue arrest warrant before conclusion of preliminary investigation if: he finds that probable cause exists and there is a necessity of placing respondent under immediate custody.
7. Important: The rule is now that the investigating judges power to order the arrest of the accused is limited to instances in which there is a necessity for placing him in custody in order not to frustrate the ends of justice . Thus, even if the judge finds probable cause, he cannot, on such ground alone, issue a warrant of arrest. He must further find there is a necessity of placing the accused under immediate custody in order not to frustrate the ends of justice. 8. The investigating judge has no power to reduce or change the crime charged in order to justify the grant of bail to the accused. The power belongs to the prosecutor. 9. After the conclusion of his PI , the judge has to transmit to the provincial prosecutor his resolution and entire records of the case, regardless of whether he finds a probable cause or sufficient ground to issue a warrant of arrest. When accused lawfully arrested without warrant
2. When the threat or promise was made by, or in the presence of, a person in authority, who has, OR is supposed by the accused to have power or authority to fulfill the threat or promise, the confession of the accused is inadmissible. 3. Presumption of regularity in the performance of duties: Does not apply during in-custody investigation, nor can it prevail over the constitutional right of the accused to be presumed innocent. 4. The arresting officer may be held civilly liable for damages under Art. 32 of the Civil Code. The very nature of Art. 32 is that the wrong may be civil or criminal. It is not necessary that there should be malice or bad faith. 5. On Civil Procedure: Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part that the inclusion in a motion to dismiss of other grounds aside from lack of jurisdiction over the person of the defendant shall not be deemed a voluntary appearance. Section 8 Rule 15 provides that subject to the provisions of Section 1 Rule 9, a motion attacking a pleading, order, judgment or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. These changes in the 1997 Rules of Civil Procedure are applicable to criminal cases as Section 3 Rule 1 thereof provides that these rules shall govern the procedure to be observed in actions, civil or criminal, and special proceedings. Moreover, the omnibus motion rule applies to motions to quash.
2. A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is lifted. However, Sec. 4 of Rule 113 requires the head of the office who applied for warrant to execute the same within 10 days from receipt thereof and for the arresting officer assigned to execute the same to submit, within 10 days from the expiration of the first 10-day period, a report to the judge who issued the warrant.
Arrest without warrant; when lawful 1. In a citizens arrest , the person may be arrested and searched of his body and of his personal effects or belongings, for dangerous weapons or anything which may be used as proof of the commission of an offense, without need of a search warrant. 2. Sec. 5(a) refers to arrest in flagrante delicto while Sec. 5(b) refers to hot pursuit. 3. Sec. 5(b) authorizes warrantless arrest when an offense has in fact just been committed. The word just implies immediacy in point of time. 4. Delivery of the detained person to the proper judicial authorities means the filing of the complaint or information with the municipal trial court or with the inquest fiscal or prosecutor who shall then decide either to order the release of the detained person or to file the corresponding information in court. Method of arrest by officer without warrant 1. Custodial investigation Involves any questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. It is only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect is taken into custody, and the police carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. Embraced in custodial investigation: invited for questioning re-enactment
6. Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bail is not a bar to objection on illegal arrest, lack of or irregular preliminary investigation. This is an abandonment of the Cojuangco, Jr. v. Sandiganbayan ruling. RULE 114 BAIL Bail defined 1. Purpose: to honor the presumption of innocence until his guilt is proven beyond reasonable doubt to enable him to prepare his defense without being subject to punishment prior to conviction.
2. Upon assumption of the obligation of bail, the sureties become in law the jailers of their principal. 3. As bail is intended to obtain or secure ones provisional liberty, the same cannot be posted before custody over him has been acquired by the court. Rationale: it discourages and prevents resort to the pernicious practice whereby an accused could just send another in his stead to post his bail, without recognizing the jurisdiction of the court by his
2. Trial court may grant bail before appeal is perfected Whether bail is a matter of right or discretion , the trial court may grant bail and approve the amount of the bail bond before the accused has perfected his appeal, appeal being perfected upon filing of a written notice of appeal and furnishing the adverse party copy thereof. However if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court. Even if there is no notice of appeal, if the decision of the TC convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.
2. When bail is a matter of discretion: before conviction, in offenses punishable by death, reclusion perpetua or life imprisonment after conviction by the RTC of a non-capital offense prosecution is entitled to present evidence for its denial.
3. Right to bail may be waived. 4. Bail in court-martial offenses: The right to bail of an accused military personnel triable by courts-martial does not exist, as an exception to the general rule that an accused is entitled to bail except in a capital offense where the evidence of guilt is strong. Rationale: The unique structure of the military justifies exempting military men from the constitutional coverage on the right to bail.
3. After appeal is perfected, the trial court loses jurisdiction to grant bail and to approve bail bond. However, the accused may apply for bail or provisional liberty with the appellate court.
Capital offense defined The capital nature of an offense is determined by the penalty prescribed by law, and not by the penalty that may be imposed after trial and on the basis of the evidence adduced and the presence of aggravating or mitigating circumstance. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable 1. Distinction between life imprisonment and reclusion perpetua, insofar as bail is concerned, is not important. Why? because in both cases, the grant of bail before conviction by the trial court is a matter of discretion when evidence of guilt is strong.
5. Notice of hearing required: Whether bail is a matter of right or of discretion , reasonable notice of hearing is required to be given to the prosecutor or fiscal or at least he must be asked for his recommendation because in fixing the amount of bail, the judge is required to take into account a number of factors such as the applicants character and reputation, forfeiture of other bonds or whether he is a fugitive from justice. 6. Summary of the evidence for the prosecution The courts order granting or refusing bail must contain a summary of the evidence for the prosecution, otherwise the order granting or denying bail may be invalidated because the summary of the
2. The constitutional mandate makes the grant or denial of bail in capital offenses hinge on the issue of whether or not the evidence of guilt is strong. 3. Meaning of conviction
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Burden of proof in bail application 1. Evidence of guilt in the Constitution and the Rules refers to a finding of innocence or culpability, regardless of the modifying circumstances. 2. Regarding minors charged with a capital offense: If the person charged with a capital offense, such as murder, admittedly a minor, which would entitle him, if convicted, to a penalty next lower than that prescribed by law, he is entitled to bail regardless of whether the evidence of guilt is strong. The reason for this is that one who faces a probable death sentence has a particularly strong temptation to flee. This reason does not hold where the accused has been established without objection to be minor who by law cannot be sentenced to death.
3. Duty of judge to conduct hearing: Where the prosecution agrees with the accuseds application for bail or foregoes the introduction of evidence, the court must nonetheless set the application for hearing. It is mandatory for the judge to conduct a hearing and ask searching and clarificatory questions for the purpose of determining the existence of strong evidence against the accused; and the order, after such hearing, should make a finding that the evidence against the accused is strong.
Bail, where filed A judge presiding in one branch has no power to grant bail to an accused who is being tried in another branch presided by another judge who is not absent or unavailable, and his act of releasing him on bail constitutes ignorance of law which subjects him to disciplinary sanction. Forfeiture of bail
Corporate surety The term of the bail bond is not dependent upon faithful payment of the bond premium. Justification of sureties
1. When bail bond forfeited: Before accepting a surety or bail bond, the following requisites must be complied with: photographs of the accused; affidavit of justification; clearance from the Supreme Court; certificate of compliance with Circular No. 66 dated September 19, 1996; authority of the agent; and current certificate of authority issued by the Insurance Commissioner with a financial statement showing the maximum underwriting capacity of the surety company. Deposit of cash as bail The trial judge has no authority to strictly require that only cash bond, instead of a surety bond, be deposited for the provisional release of the accused. only in instances where the presence of the accused is specifically required by the court or the Rules of Court and, despite due notice to the bondsmen to produce him before the court on a given date, the accused fails to appear in person as so required.
2. To justify exemption from liability on a bail bond or reduction thereof, two requisites must be satisfied: production or surrender of the person of the accused within 30 days from notice of the order of the court to produce the body of the accused or giving reasons for its non-production satisfactory explanations for the non-appearance of the accused when first required by the trial court to appear. Compliance with the first requisite without meeting the second requisite will not justify nonforfeiture of a bail bond or reduction of liability.
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No bail after final judgment; exception General Rule: no bail shall be allowed after the judgment has become final, as what is left is for him to serve the sentence. Exception: when he has applied for probation before commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. Exception to the exception: the accused shall not be allowed to be released on bail after he has commenced to serve his sentence.
Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation Important: An application for admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall observe the matter as early as practicable but not later than the start of the trial of the case. RULE 115 RIGHTS OF ACCUSED Rights of the accused at the trial 1. Is the constitutional presumption of innocence violated by the presumption of guilt established by law arising from certain facts proved and by shifting to the accused the burden of proof to show his innocence? No. The state having the right to declare what acts are criminal, within certain defined limitations, has a right to specify what act or acts shall constitute a crime, as well as what proof shall constitute prima facie evidence of guilt. The constitutional presumption of innocence will not apply as long as there is some rational connection between the fact proved and the ultimate fact presumed, and the inference of one fact from proof of another shall not be so unreasonable as to be purely arbitrary. 2. Equipoise rule: If the inculpatory facts and circumstances are capable of two or more explanations, one of which is
6. The right against self-incrimination is a protection only against testimonial compulsion. 7. The accuseds right to meet the witnesses face to face is limited to proceedings before the trial court, during trial, and not during custodial or preliminary investigation. 8. Requests by a party for the issuance of subpoenas do not require notice to other parties to the action. 9. The sanctions of arrest and contempt in respect to disobedience to subpoena are not applicable to a witness who resides more than 100 kilometers from the residence to the place where he is to testify, or if he is a detention prisoner no permission of the court in which his case is pending was obtained. 10. Public trial should not be confused with trial by publicity which is proscribed. 11. Requisites for valid waiver of right: existence of right knowledge of existence thereof intention to relinquish such right, which must be shown clearly and convincingly where the law or the Constitution so provides, the waiver must be with the assistance of counsel, to be valid. RULE 116 ARRAIGNMENT AND PLEA
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2. Consent of offended party required: The consent of the offended party to allowing the accused to plead guilty to a lesser offense is necessary. It has been held that if the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, 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 information.
4. Accused under preventive detention While RA 8493, or the Speedy Trial Act, provides that the accused shall be arraigned within 30 days from the time a court acquires jurisdiction over his person, Rule 116 section 1(e) provides for a shorter time within which an accused who is under preventive detention should be arraigned. When an accused is detained, his case should be raffled within 3 days from the filing of the information or complaint against him, and the judge to whom his case is raffled shall have him arraigned within 10 days from receipt by the judge of the records of the case. The pre-trial conference shall be held within 10 days after the arraignment.
3. Change of plea After the prosecution has rested its case , a change of plea to a lesser offense may be granted by the judge, with the approval of the prosecutor and the offended party and only when the prosecution does not have sufficient evidence to establish the guilt of the crime charged. The judge cannot on its own grant the change of plea.
5. The arraignment shall be held within 30 days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided by special law or by SC Circular. Certain laws and SC Circulars provide for a shorter time within which the accused should be arraigned: RA 4908 in criminal cases where the complainant is about to depart from the Philippines with no definite date of return, the accused should be arraigned without delay and his trial should commence within 3 days from the arraignment and that no postponement of the initial hearing should be granted except on the ground of illness on the part of the accused or other grounds beyond the control of the court. RA 7610 (Child Abuse Act) the trial shall be commenced within 3 days from arraignment Dangerous Drugs Law SC AO 104-96, i.e., heinous crimes, violations of the Intellectual Property Rights Law these cases must be tried continuously until terminated within 60 days from commencement of the trial and to be decided within 30 days from the submission of the case
Plea of guilty to capital offense; reception of evidence 1. An improvident plea means a plea without proper information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information or advice. 2. Conviction in a capital offense cannot rest alone on a plea of guilty, a free and intelligent plea . It is mandatory for the trial court to require the prosecution to present its evidence and, if the accused so desires, to allow him to submit his evidence. This is so even if the accused formally manifests that he waives presentation of evidence by the prosecution. Plea of guilty to non-capital offense; reception of evidence, discretionary 1. What a plea of guilty includes: The plea of guilty covers both the crime as well as its attendant circumstances alleged in the complaint or information, qualifying and/or aggravating the crime. Such plea removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried on its merits and submitted for decision. It leaves the court with no alternative but to impose the penalty prescribed by law.
2. Mitigating circumstances: The trial court may allow an accused to plead guilty and at the same time allow him to prove other mitigating circumstances. However, if what the accused would prove is an exempting circumstance, which would amount to a withdrawal of his plea of
Plea of guilty to a lesser offense 1. The new rule provides that the accused may be allowed by the trial court to plead guilty to a lesser offense which is
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Suspension of arraignment Tests to determine insanity: the test of cognition (which is used in this jurisdiction) or the complete deprivation of intelligence in committing the criminal act the test of volition or that there be a total deprivation of freedom of the will. RULE 117 MOTION TO QUASH Time to move to quash 1. Quashal and nolle prosequi distinguished: The quashal of complaint or information is different from a nolle prosequi, although both have one result, which is the dismissal of the case. A nolle prosequi is initiated by the prosecutor while a quashal of information is upon motion to quash filed by the accused. A nolle prosequi is a dismissal of the criminal case by the government before the accused is placed on trial and before he is called to plead, with the approval of the court in the exercise of its judicial discretion. It partakes of the nature of a nonuser or discontinuance in a civil suit and leaves the matter in the same condition in which it was before the commencement of the prosecution. It is not an acquittal; it is not a final disposition of the case; and it does not bar a subsequent prosecution for the same offense.
Bill of particulars 1. Rule 12 of Civil Procedure on bill of particulars is applicable in criminal proceedings. 2. It is not the office of the bill of particulars to: Supply material allegation necessary to the validity of a pleading Change a cause of action or defense stated in the pleading, or to state a cause of action or defense other than the one stated. Set forth the pleaders theory of his cause of action or a rule of evidence on which he intends to rely Furnish evidentiary information whether such information consists of evidence which the pleader proposes to introduce or of facts which constitute a defense or offset for the other party or which will enable the opposite party to establish an affirmative defense not yet pleaded.
2. General Rule: A MTQ may be filed by the accused at any time before the accused enters his plea. Thereafter, no MTQ can be entertained by the court. Exception: under the circumstances mentioned in Sec. 9, Rule 117, which adopts the omnibus motion rule. This means that a MTQ may still be filed after arraignment on the ground that the facts alleged in the information charge no offense, that the offense or penalty has prescribed, or that the doctrine of double jeopardy precludes the filing of the information.
3. The right to file a MTQ belongs only to the accused. There is nothing in the rules which authorizes the court or judge to motu propio initiate a MTQ by issuing an order requiring why the information may not be quashed on the ground stated in said order. Form and contents Factual and legal grounds must be stated This provision requiring that the factual and legal grounds be stated in the motion allows that facts outside the information itself may be introduced to prove any of the grounds of a MTQ, enumerated in Sec. 3. Such inquiry into outside facts may also be allowed even when the ground invoked is that the allegation in the information does not constitute the offense charged.
3. The filing of a motion for bill of particulars suspends the period to file a responsive pleading. If the motion is granted, the moving party has the remaining period or at least 5 days to file his answer from service of the bill of particulars.
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2. Where ground for MTQ is illegal arrest: If the accused believes that the arrest, with or without warrant, is illegal, he should move to quash the information on such ground, along with other grounds as otherwise such other grounds will be deemed waived if not included in the MTQ, except no offense charged, lack of jurisdiction over the offense, prescription of offense or liability, or double jeopardy. 3. The prosecutor who signed the information must have territorial jurisdiction to conduct the preliminary investigation of the offense, otherwise the information filed by him would be invalid and can be quashed on such ground. 4. The fact that the allegations in the complaint or information are vague or broad, is not generally a ground for a motion to quash, the remedy being to file a motion for bill of particulars. 6. The period of prescription of violation of special laws or offenses not penalized by the Revised Penal Code but by special laws, and municipal ordinances is governed by Act No. 3326 which took effect on December 4, 1926. 7. Doctrine of Presidential Ad Hoc Fact-Finding Committee on Behest Loans v. Desierto, 317 SCRA 272 (1999): If the commission of the crime is known, the prescriptive period shall commence to run on the day it was committed, otherwise on the date of its discovery. In the very nature of things, acts made criminal by special laws are frequently not immoral or obviously immoral in themselves. For this reason, the applicable statute requires that if the violation of the special law is not known at the time, the prescriptive period begins to run only from the discovery thereof, that is, discovery of the unlawful nature of the constitutive act or acts, in connection with which there should be evidence.
9. Regarding pardon: Unless grounded on the persons innocence , a pardon by the President cannot bring back lost reputation for honesty, integrity and fair dealing. The pardoned offender regains his eligibility for appointment to public office which was forfeited by reason of the conviction of the offense. But since pardon does not necessarily result in automatic reinstatement because the offender has to apply for reappointment, he is not entitled to back wages.
10. Contentious motions: Contentious motions in criminal cases must comply with the requirements that they be set for hearing at a specified date with prior notice to the adverse party or the prosecutor at least 3 days before the hearing, the notice of hearing should be addressed to adverse counsel or the prosecutor, and proof of service of the motion upon the adverse party or prosecutor at least 3 days prior to such hearing. This is mandatory.
11. Remedy of aggrieved party While an order granting a motion to quash, unlike a denial thereof, is appealable, as the proper remedy, this rule does not preclude the aggrieved party from filing a special civil action of certiorari, as a substitute for the remedy of a lost appeal, where there is a patent, capricious and whimsical exercise of discretion by a trial judge or where an appeal will not promptly relieve the aggrieved party from the injurious effect of the disputed order, as in the quashal of an information for incomplete preliminary investigation.
8. Regarding prescriptive periods: Amendment of complaint or information Where an accused has been found to have committed a lesser offense includible within the offense charged , he cannot be convicted of the lesser offense if it has already prescribed. To hold otherwise would be to sanction the circumvention of the law on prescription by the simple expedient of accusing the defendant of the graver offense. The rule that if the last day falls on a Sunday or a holiday, the act can still be done the following day does not apply to the computation of the period of prescription of a crime, in which the rule is that if the 1. An information does not charge an offense if one or more of its essential elements have not been alleged therein. The amendment of the information to allege the element(s) not stated in the information is a material amendment, but the same can be done because the accused has not been arraigned, nor can a dismissal of the information on such ground put the accused twice in jeopardy. 2. A good tactical move may require that the accused should first plead to the information and thereafter file a motion to quash either before or after the prosecution has presented its
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2. Double jeopardy will not apply in case of a conviction of a crime under a special law, which also constitutes an offense under the Revised Penal Code. Reason: the former is malum prohibitum, while the latter is malum in se. Thus, it has been held that conviction for the crime of illegal recruitment under the Labor Code does not preclude punishment for the offense of estafa under the RPC. where 2 informations are filed charging the same accused with 2 different elements, as in the issuance of bouncing check for estafa under the RPC and violation of BP 22. where after trial of a charge of serious physical injuries, the municipal trial court dismissed the case to give way to the filing of a complaint for frustrated murder, as it believed that what was proved was frustrated murder, the dismissal was null and void because the trial court should have rendered judgment based on the charge alleged in the information and the evidence adduced during the trial. Since the dismissal was null and void, it did not place the accused twice in jeopardy for the continuation of the proceedings for serious physical injuries. where the accused has been sentenced to suffer a wrong penalty by the trial court, the petition for certiorari filed by the prosecutor to correct the penalty which should be lower than that imposed does not place the accused twice in jeopardy because it would shorten the penalty and is favorable to the accused. where one case is administrative in nature and the other criminal. Neither does it apply in preliminary investigations.
In such pre-trial, the following are considered: a. Plea bargaining b. Stipulation of facts c. Identification of evidence d. Waiver of objections to admissibility of evidence e. Modification of order of trial if accused admits the charge but interposes lawful defense f. Other matters which will promote a fair and expeditious trial What are the requisites of pre-trial agreements and admissions (stipulation of facts)? a. In writing b. Signed by the accused and counsel The agreements covering matters referred to in section 1 of this Rule (plea bargaining, etc.) need to be approved by the court. The purpose of requiring the accused to sign the stipulation of facts is to further safeguard his rights against improvident or unauthorized agreement or admission which his counsel may have entered into without his knowledge. (People vs. Uy, 2000)
3.
Provisional dismissal 1. Important!: A trial court may not order a provisional dismissal of the case without the express consent of the accused and prior notice to the offended party. The trial court,
4. If the counsel for the accused or the prosecutor does not appear at the pre-trial and does not offer an acceptable excuse, he may be penalized by the court. 5. What is a pre-trial order? It is an order issued by the court reciting the actions taken, the facts stipulated and the evidence marked
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c. Delay resulting from 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. Reasonable period of delay when accused is joined for trial with co-accused f. Delay resulting from continuance granted by the court motu propio
2. The purpose of trial in absentia is to speed up the disposition of criminal cases. (People vs. Agbulos, 1993) 3. What are the effects of trial in absentia? The accused waives the right to present evidence and cross-examine the witnesses against him. (People vs. Landicho, 1996) The accuseds waiver does not mean, however, that the prosecution is deprived of the right to require the presence of the accused for purposes of identification by the witnesses which is vital for conviction of the accused, except where he unqualifiedly admits in open court after his arraignment that he is the person named as defendant in the case on trial. Exclusions in the Computation of Time 1. The following periods shall not be included in the computation of time of trial:
Factors for Granting Continuance 1. Whether the failure to grant continuance would make a continuation of the proceeding impossible or result in a miscarriage of justice. 2. The case, as a whole, is novel, unusual and complex, or it is unreasonable to expect adequate preparation within the periods of time established therein. Time Limit Following an Order for New Trial General Rule: After an order for new trial is issued, the trial commences within 30 days from notice of the order. Exception: If the 30-day period becomes impractical due to unavailability of the witnesses and other factors, it may be extended by the court but in no case should it
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Public Attorneys Duties Where Accused is Imprisoned 1. If the accused is imprisoned, the public attorney has a duty to obtain the presence of the prisoner for trial or cause 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. The custodian will the latters right prisoner demands then inform the demand. then inform the prisoner of to demand trial. If the trial, the custodian should public attorney of such
3. Upon notification, the public attorney should then seek to obtain the presence of the prisoner for trial. Sanctions Imposed on Private Counsel, Public Attorney or the Prosecutor Acts which will evoke the sanctions: 1. Knowingly allowing the case to be set on trial without disclosing that a necessary witness would be unavailable; 2. Files a motion solely for delay, knowing it to be frivolous and without merit; 3. Knowingly makes a false statement in order to obtain continuance; 4. Willfully fails to proceed without justification. The Sanctions: 1. Private Defense Counsel fine not exceeding P20, 000 + criminal sanctions, if any. 2. Counsel de officio, Public Attorney or Prosecutor fine not exceeding P5, 000 + criminal sanctions, if any. 3. Defense Counsel or Prosecutor denial of the right to practice before the court trying the case for a period not exceeding 30 days + criminal sanctions, if any. The sanctions are designed to speed up the trial and disposition of the cases and to encourage the lawyers to go to court ready for trial and not ready to postpone. to trial
2. The order of the trial may be modified, at the discretion of the judge , if the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. 3. The order of trial is intended to safeguard the right of the accused to be presumed innocent until the contrary is proved. 4. The accused has the right to demand from the prosecution the list of prosecution witnesses, but the prosecution may call witnesses other than as listed even when the latter heard the testimonies of other witnesses. Furthermore, the prosecution has the discretion to choose the order of its witnesses. 5. Due Process The prosecution is entitled to due process. This means that it must be allowed to completely present its evidence. Pervasive and prejudicial publicity may deprive an accused of his right to a fair
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6. Undue Interference There is undue interference by the judge if he propounds questions to the witnesses which will have the effect of or will tend to build or bolster the case for one of the parties.
viii. Expedite and facilitate both preparation and trial The court shall issue an order directing that the witness for the accused be examined at a specific date, time and place. The said order should be served on the prosecutor at least 3 days before the scheduled examination. Who should make the examination? The examination should be taken before a judge or a member of the Bar in good standing so designated by the judge. It may also be made before an inferior court designated in the order of a superior court.
Application for Examination of Witness for Accused Before Trial The accused may have witnesses conditionally examined in his behalf. The motion shall state: Name and residence of the witness Substance of his testimony The witness is sick and cannot attend trial or he resides more than 100 km from the place of trial and has no means to attend the same The motion should be supported by affidavit of the accused and such other evidence as the court may require.
Bail to Secure the Appearance of Material Witness Examination of Defense Witnesses Deposition Definition: Deposition is the testimony of a witness taken upon oral questions or written interrogatories, in open court, but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or criminal prosecution. Purpose: The purpose of taking depositions are to: i. Greater assistance to the parties in ascertaining the truth and checking and preventing perjury ii. Provide an effective means of detecting and exposing false, fraudulent claims and defenses iii. Make available in a simple, convenient and inexpensive way, facts which otherwise If the court is satisfied upon proof or oath that a material witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. If the witness refuses to post bail, the court shall imprison him until he complies or is legally discharged after his testimony has been taken.
Examination of Witness for the Prosecution 1. The witness for the prosecution may be conditionally examined by the court where the case is pending if said witness is: Too sick to appear at the trial; or Has to leave the Philippines with no definite date of return.
2. Such examination should be in the presence of the accused or in his absence after reasonable notice to attend the examination has been served on him. 3. Examination of child witnesses is tackled under the Rule on Examination of a Child Witness which took effect on December 15, 2000. Joint Trial
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Mistake in Charging the Proper Offense 1. When, at any time before judgment , it becomes manifest 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 said accused shall not be discharged if there appears to be good cause to detain him. If there appears to be good cause to detain the accused, the court shall commit the accused and dismiss the original case upon the filing of the proper information.
2.
Appointment of Acting Prosecutor When a prosecutor, his assistant or deputy is disqualified to act, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor.
g. Accused has not been convicted of any offense involving moral turpitude. 2. The defense should be afforded opportunity to oppose the motion to discharge an accused to be a state witness. 3. Any question against the order of the court to discharge an accused to be used as state witness must be raised in the trial court ; it
Exclusion of the Public The public may be excluded from the courtroom when evidence to be produced is offensive to decency or public morals.
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RULE 120 JUDGMENT Judgment 1. Definition: Adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability, if any. It is a judicial act which settles the issues, fixes the rights and liabilities of the parties, and determines the proceeding, and is regarded as the sentence of the law pronounced by the court on the action or question before it. 2. Requisites: a. Written in official language b. Personally and directly prepared by the judge c. Signed by him d. Contains clearly and distinctly a statement of the facts and the law upon which it is based A verbal order does not meet the requisites. As such, it can be rescinded without prejudicing the rights of the accused. It has no legal force and effect. Article VIII, Section 14, par. 1 of the Constitution requires that the decisions of the court shall contain the facts and the law on which they are based. The rationale is that the losing party is entitled to know why he lost, so he may appeal to a higher court.
3. The judge who penned the decision need not be the one who heard the case. The judge can rely on the transcript of stenographic notes taken during the trial. Contents of Judgment 1. Legal qualification of the offense constituted by the acts committed by the accused, and the aggravating or mitigating circumstances attending the commission. 2. Participation of the accused in the commission of the offense, whether as principal, accomplice or accessory 3. The penalty imposed upon the accused
4. If there are two or more accused and only one of them presents a demurrer to evidence, without leave of court, the trial court may defer resolution thereof until the decision is rendered on the other accused. 5. An order denying the motion for leave of court to file a demurer shall not be reviewable by appeal or by certiorari before judgment . This is because demurrer is merely interlocutory.
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Promulgation of Judgment 1. Definition: Promulgation of judgment in criminal cases is the reading of the judgment or sentence in the presence of the accused and the judge of the court who rendered it. 2. It is the filing of the decision or judgment with the clerk of court which gives it validity and binding effect. 3. General Rule: Promulgation should be made in the presence of the accused and the judge of the court who rendered the decision. 4. Exception to the Mandatory Presence of the Accused: a. Where the conviction is for a light offense, in which case the accused may appear through counsel or representative 5. If judgment is one of conviction and the accused is absent without justifiable cause, the court shall order his arrest and he shall lose the remedies available in the Rules against the judgment. 6. When the judge is absent or outside the province or city, the judgment may be promulgated by the clerk of court. 7. A judgment promulgated at a time when the judge who rendered and signed it had ceased to hold office is null and void. Modification of Judgment 1. A judgment of conviction may be modified or set aside before it becomes final or before appeal is perfected. 2. General Rule: A judgment becomes final: a. after the lapse of the period for perfecting an appeal; or b. when the sentence has been partially or totally satisfied or served; or c. when the accused has waived in writing his right to appeal; or d. accused has applied for probation. 3. Exception: When the Death Penalty is imposed by the trial court, the SC automatically reviews the decision.
3.
Variance Between Allegation and Proof 1. General Rule: If the prosecution proves an offense included in the offense charged in the information, the accused may be validly convicted of such offense proved. 2. Exception: The general rule does not apply where facts supervened after the filing of the information which changes the nature of the offense.
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Grounds for Reconsideration 1. Errors of law in the judgment 2. Errors of fact in the judgment Form of Motion and Notice to Prosecutor The motion must: a. Be in writing b. State the grounds on which it is based c. Supported by affidavits of witnesses (if based on the ground of newly discovered evidence) d. Be given to the prosecutor
2. New and material evidence has been discovered a. evidence discovered after trial b. evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence c. evidence is material and would probably change the judgment if admitted The following are not considered as newly discovered evidence: - Affidavit of desistance/recantation. Proposed testimonies of witnesses. Merely forgotten evidence.
The case of People vs. Hernando states that erroneous acquittal of the accused remains as the final verdict. Errors or irregularities, which do not render the proceedings a nullity, will not defeat a plea of antrefois acquit.
RULE 122 APPEAL Who may appeal Any party may appeal, unless accused will be placed in double jeopardy. How to Appeal To the RTC 1. file a Notice of Appeal with the court which rendered the judgment 2. serve a copy of the notice upon the adverse party
Although the Rules of Court enumerates only the above two as the grounds for new trial, the case of Navarra vs. CA states that if the negligence or mistake of counsel is so gross as to deprive the client of his right to due process of law, the accused may be entitled to a new trial. Grant of a New Trial is not Appealable; Relief
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1. File a Notice of Appeal with the RTC 3. Serve a copy of the notice upon the adverse party When RTC exercised appellate jurisdiction: Follow Rule 42 on Petition for Review Sandiganbayan 1. when RTC exercised original jurisdiction: 2. file a Notice of Appeal with the RTC a. serve a copy of the notice upon the adverse party b. when RTC exercised appellate jurisdiction: c. follow Rule 42 on Petition for Review SC 1. where RTC imposes reclusion perpetua or life imprisonment a. file a Notice of Appeal with the RTC. b. Serve a copy of the Notice upon the adverse party 2. where RTC imposes death penalty a. automatic review of SC as provided by sec. 10 of Rule 122 3. for CA decisions a. file an ordinary appeal b. for questions of facts and law c. follow Rule 42 on Petition for Review d. for questions of law (all other appeals) e. follow Rule 45 on Petition for Review on Certiorari When appeal to be taken Appeal is taken within 15 days from promulgation of the judgment. This period shall be suspended from the time a motion for new trial or reconsideration is filed until notice of overruling the motion has been served upon the accused at which time the balance of the period begins to run.
Withdrawal of appeal The courts may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court, in which case the judgment shall be final. RULE 123 PROCEDURE IN THE MUNICIPAL TRIAL COURTS 1. General Rule The procedure in the Regional Trial Court shall be applicable to the procedure in Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Court. Exceptions Particular provision is made applicable only to such courts In cases governed by the Rule on Summary Procedure A) - criminal case where the penalty prescribed does not exceed 6 months imprisonment or a fine of P1,000 or both B) - complaint or information filed directly in court without need of a prior preliminary investigation or preliminary examination C) - case decided based on affidavits submitted by the parties
2.
RULE 124 PROCEDURE IN THE COURT OF APPEALS Court of Appeals The Court of Appeals has no jurisdiction without judgment of conviction. The Court of Appeals shall give precedence in the disposition of appeals of accused who are under detention. It shall hear and decide the appeal at the earliest practicable time with due regard to the rights of the parties. Judgment of the lower courts shall be reversed or modified only when the Court of Appeals is of the opinion that error was committed which injuriously affected the substantial rights of the appellant after it examined the record and evidence adduced by the parties.
Effect of appeal by any of several accused An appeal taken by one or more of several accused shall not affect those who did not appeal, except if the judgment is favorable and applicable to the latter.
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Power of the Court of Appeals The Court of Appeals may reverse, affirm, or modify the judgment; increase or reduce the penalty imposed; remand the case for new trial or re-trial; or dismiss the case. It is discretionary on its part whether or not to set a case for oral argument. It shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases:
appellant, 10 days from receipt of the notice to file brief and the latter establishes his right to have one.
a. falling within its original jurisdiction b. involving claims for damages arising from provisional remedies, or c. where the court grants a new trial based only on the ground of newly discovered evidence. Quorum and Voting of the Court of Appeals Three Justices constitute a quorum for the sessions of a division Unanimous vote of the 3 Justices of a division shall be necessary to pronounce a judgment or a final resolution. In the event that there is no unanimous vote, the Presiding Justice shall direct the raffle committee of the Court to designate two additional Justices in the division hearing the case and the concurrence of a majority of such division shall be necessary for the pronouncement pf a judgment or final order. Should the Court of Appeals impose the penalty of death, reclusion perpetua, or life imprisonment after discussing the evidence and law involved, the case is certified and immediately elevated to the Supreme Court for review.
Dismissal of Appeal for Abandonment or Failure to Prosecute Requirement a. upon motion of the appellee or motu propio b. with notice to the appellant Grounds a. Appellant fails to file his brief within the time prescribed, except when he is represented by a counsel de oficio. b. Appellant escapes from prison or confinement, jumps bail, or flees to a foreign country during pendency of the appeal. Effect - Appealed judgment becomes final.
of
Appeals/New
Accused Appellant An accused-appellant may change his theory on appeal; thus the case opens the whole action for review on any questioning including those not raised by the parties. When the accused appeals a judgment of conviction, he waives the constitutional safeguard against double jeopardy; but every circumstance in favor of the accused should be considered. Upon the death of an accused pending appeal from his conviction, the criminal action is extinguished, and the civil aspect instituted therewith for recovery of civil liability ex delicto is ipso facto extinguished. The other
When the entry of judgment of the Court of Appeals is issued, a certified true copy of the judgment shall be attached to the original record which shall be remanded to the clerk of court from which the appeal was taken. The appellant may move for a new trial any time after the appeal from the lower court has been perfected and before the judgment of the Court of Appeals convicting him becomes final. A motion for reconsideration shall be made within 15 days after notice of the decision or final order of the Court of Appeals.
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When, in criminal cases pending appeal before the SC, accused is still on provisional liberty, the ff. rules are laid down: i. Court shall order the bondsman to surrender the accused within 10 days from notice, to the court of origin. Bondsman shall inform this court of fact of surrender. Then the court shall cancel the bond; ii. RTC shall order the transmittal of the accused to the National Bureau of Prisons thru the PNP as the accused shall remain under confinement pending resolution of his appeal; iii. If accused appellant is not surrendered within the aforesaid period of ten (10) days, his bond shall be forfeited and an order of arrest shall be issued by this court. Appeal taken by the accused shall also be dismissed under Sec. 8 Rule 124 of Rules of Court as he shall be deemed to have jumped his bail
3. A direct appeal to the SC on questions of in criminal cases in which penalty imposed is not death or life imprisonment precludes the review of the facts 4. Questions of law and fact come within the jurisdiction of the CA 5. When a criminal case SC, the whole case is for review It becomes the duty errors found in the from is appealed to the then thrown open of the SC to correct judgment appealed
SC may correct errors whether they are made the subject of assignments or error or not
REHEARING OF CRIMINAL CASE IN THE SUPREME COURT 1. A case is reheard when the court en banc is equally divided in opinion or necessary majority cannot be had. 2. If rehearing en banc no decision is reached, judgment of conviction of lower court shall be reversed and accused is acquitted. If division of opinion or lack of required votes refers to the propriety of imposing
6. Effect of appeal on the bail of the accused: When accused is charged with offense which under the existing law at the time of its commission and time of application for bail is punishable by a PENALTY LOWER THAN RECLUSION PERPETUA and is out on bail, and after trial is convicted by the trial court of the offense charges or
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RULE 126 SEARCH AND SEIZURE 1. Elements of a search warrant An order in writing; Signed by judge in the name of the People of the Philippines; Commanding a peace officer to search for personal property; and Bring it before the court 6.
2. Nature of a search warrant It is in the nature of criminal processes and may be invoked only in furtherance of public prosecutions Have no relation to civil processes or trials It is not available to individuals in the course of civil proceedings; it is not for the maintenance of any private right. It is INTERLOCUTORY in character it leaves something more to be done, the determination of the guilt of the accused
A good and practical rule of thumb to measure the nearness of time given in the affidavit as to the date of the alleged offense, and the time of making the affidavit The nearer the time at which the observation of the offense is alleged to have been made, the more reasonable the conclusion of establishment of probable cause
7. PERSONAL PROPERTY TO BE SEIZED A. Kinds of personal property to be seized: Subject of the offense; Proceeds or fruits of the offense; and The means used or intended to be used for committing an offense Search warrants have been allowed to search for the ff: Stolen goods Those supposed to have been smuggled into the country in violation of the revenue laws Implements of gaming and counterfeiting Lottery tickets Prohibited liquors kept for sale contrary to law Obscene books and papers kept for sale or circulation Powder and other explosive and dangerous materials so kept as to endanger public safety Slot machines, being gambling devices B. Property seized is not required to be owned by the person against whom the search warrant is directed C. It s not necessary that there be arrest or prosecution before seizure could be affected D. The fact that a thing is a corpus delicti of a crime does not justify the seizure without a warrant 8. 9. Section 2 Article III of the 1987 Constitution is the constitutional basis of the rule on search and seizure Requisites for the issuance of a valid search warrant a. Probable cause It is such facts and circumstances antecedent to the issuance of the warrant, that are in themselves sufficient to induce a cautious man to believe that the person against whom the search warrant is applied, had committed, or is about to commit, a crime
General warrant: A process which authorizes the search and seizure of things, in a general manner 3. This does not specify or describe particularity the things searched and seized This kind of warrant is objectionable therefore VOID with
constitutionally
Object of a search warrant to obtain the goods, and bring the person in whose custody they are found, either to be recognized as a witness or to be subject to such further proceedings as the ends of justice may require A search warrant must conform strictly to the requirements of the constitutional and statutory provisions under which it is issued Otherwise, it is VOID The proceedings upon search warrants must be absolutely legal It will always be construed strictly without going the full length of requiring technical accuracy. No presumptions of regularity are to be invoked in aid of the process when an officer undertakes to justify under it.
4.
5.
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e. The warrant issued must particularly describe the place to be searched and the persons or things to be seized; and This requirement is sufficient if the officer to whom the warrant is directed is enabled to locate the same definitely and with certainty. This does not require the true legal description to be given in a required form The constitution requires that it be a description which particularly points to a definitely ascertainable place, so as to exclude all others. The description must be so particular that the officer charged with the execution of the warrant will be left with no discretion respecting the property to be taken. It may be said that the person to be searched is particularly described in the search warrant when his name is stated in the search warrant, or if name is unknown, he is designated by words sufficient to enable the officer to identify him without difficulty
b. Which must be determined personally by the judge himself, and not by the applicant or any other person; A judge may reverse his finding of probable cause, provided that the rectification is based on sound and valid grounds This requirement does not extend to deportation proceedings (Morano vs. Vivo) f.
The sworn statements together with the affidavits submitted by witnesses must be attached to the record.
c.
Immigration Commissioner has authority to determine probable cause ONLY for the purpose of issuing a warrant of arrest. The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and any witness he may produce, on facts personally known to them; Application for a search warrant is heard exparte, there is neither a trial nor a part of the trial Examination must be under oath and may not be in public Examination of witnesses to determine probable cause: Judge must examine witnesses personally Examination must be under oath; and Examination must be reduced to writing in the form of searching questions and answers The test in determining whether the allegations in an application for a search warrant are based on personal knowledge should not be based on mere hearsay, nor mere suspicion or belief
10. If the officer follows the command of the warrant, he is protected, but if he exceeds the command, he is not protected by the warrant and he only assumes to act without process If the officer acts within the command of his warrant, he is protected even if the complaint is proven to have been unfounded. Obeying strictly the command of his warrant, he may break open outer or inner doors , and his justification does not depend upon his discovering that for which he is to make the search If officer is refused admittance to the place of directed search after giving notice of his purpose and authority, he may break open any outer or inner door or window of a house or any part of a house or anything to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. Demand is necessary prior to a breaking in of the doors, only where some person is found in charge of the building to be searched.
d. The probable cause must be in connection with one specific offense; This is to outlaw general warrants
11. In searching a house, room or other premises, such shall be done in the presence of a lawful occupant or any member of his family, or in the presence of at least 2 witnesses of sufficient age and discretion, residing in the same locality
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Consented search without a warrant Seizure of evidence in plain view Enforcement of custom laws Exception: in a dwelling house Vessel can be quickly moved out of the locality or jurisdiction in which the search warrant must be sought before such warrant could be secured When search is based on probable cause under extraordinary circumstances
12. Warrant must be direct and served in the day time Exception: if affidavit asserts that the property is on the person or in the place ordered to be searched here, warrant may be served anytime of the day or night. The general rule prohibits search in the night because sometimes robberies happen, under the pretense of searches
13. A warrant is valid for ten days from its date. After such time, it is VOID A search warrant cannot be used everyday for 10 days, and for a different purpose each day warrant used to seize one thing cannot be used as authority to make another search This rule is NOT APPLICABLE when the search for a property mentioned in the warrant was not completed on the day when the warrant was issued and had to be continued the next day
18. Unreasonable search and seizure is such where it is not authorized by statute, or where the conditions prescribed by the stature have not been met What constitutes a reasonable or unreasonable search or seizure in any particular case is purely a judicial question Such is determinable from a consideration of the circumstances involved, including the ff: The purpose of the search Presence or absence of probable cause Manner in which the search and seizure was made Place or thing searched Character of the articles procured. a home are
14. Officer seizing the property under the warrant must give a detailed receipt for the same to the lawful occupant or any member of the family or at least 2 witnesses of sufficient age and discretion residing in the same locality. 15. Officer must also deliver the property seized to the judge who issued the warrant, with the true inventory, all under oath 16. Searches incident to lawful arrest This is the most important exception to the necessity for a search warrant This right includes in both instances that of searching the person who is arrested, in order to find and seize the things connected with the crime as its fruits or as the means by which it was committed Search made without a warrant cannot be justified as an incident of arrest unless the arrest itself was lawful Search must be made at the place of the arrest and contemporaneous with the arrest, otherwise it is not an incident to the arrest. In other words, a search is not incidental to the arrest unless the search is made at the place of arrest, contemporaneously with the arrest. The right is limited to the time and place of the arrest
Constitutional prohibition against unlawful searches and seizure applies as a restraint directed only against the government and its agencies tasked with the enforcement of the law. It could thus only be invoked against the State.
19. The legality of a seizure can be contested only by the party whose rights have been impaired thereby The objection to an unlawful search and seizure is purely personal and cannot be availed by third parties The remedy for questioning the validity of a search warrant can only be sought in the court that issued it, not the sala of another judge of concurrent jurisdiction this is done through a motion to quash warrant of arrest Objections to the legality of the search warrant and to the admissibility of the evidence obtained are deemed waived when no objection to the legality of the search warrant was raised during the trial.
17. Other cases where warrantless searches and seizures are valid Search of moving vehicles
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Attachment is a remedy afforded to the offended party to have the property of the accused attached as security for the satisfaction of any judgment that may be recovered from the accused This remedy is available in the following cases: When action for recovery is on a cause of action arising from law, contract, quasicontract, delict, or quasi-delict and accused is about to abscond from the Philippines; When the criminal action is based on a claim for money or property embezzled or fraudulently misapplied or converted to the use of the accused who is a public officer, or any officer of a corporation, or an attorney, factor, broker, agent, or clerk, in the course of his employment as such, or by any person in a fiduciary capacity, or for a willful violation of duty; When the accused has concealed, removed or disposed of his property or is about to do so; When action is against a party guilty of fraud in contracting the debt upon which action is brought, or in the performance of incurred obligation; When action is against a party who removed or disposed of his property or is about to do so, with intent to defraud his creditors; and When the Philippines accused resides outside the
21. Through RA No. 4200 or the Anti-Tapping Law, tapping of phone wires of the premises of an accused, wherein persons accused of violation criminal laws are engaged in conversation constitutes a violation of the Constitutional provision on the right of the people to secure in their persons, papers and effects. RA No. 4200 was approved on 19 June 1965 It also penalizes other acts similar to wire-tapping . Some similar acts are taping or recording conversations of people, by others who are not authorized by the former to record or tape.
RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES 1. Provisional remedy is one provided for present need or for the occasion that is one adopted to meet a particular exigency; The following are the provisional remedies under the Rules of Court: 3. Attachment (Rule 57) Injunction (Rule 58)
2.
Receivership (Rule 59) Delivery of personal property or Replevin(Rule 60) and Support Pendente Lite (Rule 61) 6.
This may be filed at the commencement of a criminal action or at any time before entry of judgment as security for the satisfaction of any judgment that may be recovered in the aforementioned cases.
Purpose of provisional remedies Provisional remedies are applied pending litigation, to secure the judgment or preserve the status quo If provisional remedies are applied to after judgment, it is in order to preserve or dispose of the subject matter.
Public prosecutor has the authority to apply for preliminary attachment as may be necessary to protect the interest of the offended party
4.
Although civil action is suspended until final judgment in the criminal case, the court is not deprived of its authority to issue preliminary and auxiliary writs which do not go into the merits of the case. Preliminary writs and auxiliary writs referred to are those such as the ff: Preliminary injunction
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