Crim Pro Notes || September 2, 2013

Rule 111, Section 1civil action is IMPLIED!!! o In relation to RPC Article 100- every person criminally liable is also civilly liable. Role of Private Prosecutor- covers the civil aspect of the case. - But he is always under the control of the public prosecutor. - Public prosecutor only needs to be present in the trial to constitute supervision. - EXCEPTION (when the criminal case can continue even in the absence of the public prosecutor): o When private prosecutor acquires certification from Chief Prosecution Office to proceed with the case even without the presence of the public prosecutor. How do you reserve a civil action in a criminal case? - With the court, before the prosecution starts presenting its evidence. - And under circumstances affording the offended party a reasonable opportunity to make such reservation. o Even if the prosecution has already begun presenting its evidence, the court may still allow the motion to reserve the civil aspect under such circumstances. If the civil aspect has already been reserved, can the criminal and civil actions proceed side-by-side (independently) with each other? o GENERAL RULE: NO. Civil case will have to wait until the final judgment of the criminal case. BP 22 cases- evidence are the bounced checks.

Rule 111, Section 4 [Discussion on Effect of Death on criminal case: refer to drawings on the back of case list]

RULE 113 || ARREST

Janet Lim Napoles She voluntary surrenderred- due to the issuance of the warrant of arrest. 1. Once she was in custody, she was brought to the police station. 2. She was charged with Kidnapping and Serious Illegal Detention- NON-BAILABLE Assuming the offense is bailable, bail amount can be found at the bottom of the information. When is an offense bailable? A. As a matter of RIGHT: 1. All MTC cases bailable, as long as it is not final and executory 2. RTC case before conviction, if the penalty is not Death , Life Imprisonment, Reclusion Perpetua B. As a matter of DISCRETION OF THE COURT: 1. After conviction in the RTC, for an offense not punishable by Death, Life Imprisonment, Reclusion Perpetua 2. CONDITION: Court will only exercise discretion IF AND ONLY IF there are NONE of the circumstances in Section 5 are mentioned (Leviste). As long as there is at least one

circumstance present, COURT WILL NOT EXERCISE DISCRETION!!! If a person is convicted in the RTC, this means that EVIDENCE OF GUILT IS STRONG, thereforeNO MORE BAIL!!!

SectionS 6 to 8= nature of non-bailabe offenses WARRANTLESS ARREST o Arrested person will be brought to the police station Inquest (Investigating Officer will either detain you or release you for further P.I. Officer will then submit the Arrest Report to prosecutor. If one is detained, he can apply for bail o If there is no information filed, you cannot apply for bail.