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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

CRIMINAL PROCEDURE* RULE 110 PROSECUTION OF OFFENSES 1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing of complaint by a complainant or an information by the prosecuting officer Court gains jurisdiction over the person of the accused upon arrest or surrender; such jurisdiction once gained cannot be lost even if accused escapes Gimenez vs. Nazareno! "urisdiction of the court over the offense is determined at the time of the institution of the action and is retained even if the penalty for the offense is later lo#ered or raised People vs. Lagon! $. Complaint % s#orn #ritten statement charging a person #ith an offense& subscribed by the offended party& any peace officer or other public official charged #ith the enforcement of the la# violated Information % accusation in #riting charging a person #ith an offense& subscribed by the fiscal and filed #ith the court '. Complaint and (nformation distinguished: COMPLAINT ) s#orn statement INFORMATION *eed not be s#orn to

+ubscribed by the offended party& any +ubscribed to by the fiscal peace officer or other officer charged #ith the enforcement of the la# violated May be filed either #ith the court or in the -iled #ith the court fiscal,s office generally to commence the preliminary investigation of the charges made .. Cases #here civil courts of e/ual ran0 are vested #ith concurrent jurisdiction: a. -eatures stated in )rt. $& R1C Cogni2able by proper court in #hich charge is first filed b. Continuing crimes committed in different judicial regions c. 3ffenses #herein any of the essential elements #ere committed in different territorial jurisdictions d. 3ffenses committed aboard a train& vehicle& aircraft or vessel see R114& 516! i. Railroad& train& aircraft 1!Territory or municipality #here vehicle passed $!1lace of departure '!1lace of arrival ii. 7essel 1! -irst port of entry $! Thru #hich it passed during voyage e. 8ibel and #ritten defamation 6. Remedies of offended party #hen fiscal unreasonably refuses to file an information or include a person therein as an accused

a. (n case of grave abuse of discretion& action for mandamus

b. 8odge a ne# complaint against the offenders c. Ta0e up matter #ith the +ecretary of "ustice
*

This is the old Criminal 1rocedure. )s of printing time& the coverage for the 9ar :;ams has not been released yet& so #e included the old Criminal 1rocedure. The Memory )id for the $444 Rules of Criminal 1rocedure #ill be in the )nne;.

R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

d. (nstitute administrative charges against the erring fiscal e. -ile criminal charges under )rt. $4<& R1C prosecution of offenses! f. -ile civil action under )rt. $=& *CC for damages 13 refuses or neglects to perform official duty!

g. +ecure appointment of another fiscal h. (nstitute another criminal action if no double jeopardy is involved >. ?rits of injunction or prohibition to restrain a criminal prosecution are not available& :@C:1T a. To afford ade/uate protection to constitutional rights of accused b. *ecessary for the orderly administration of justice or to avoid oppression or multiplicity of actions

c. 1reAjudicial /uestion #hich is sub judice

d. )cts of the officer are #ithout or in e;cess of authority e. 1rosecution is under an invalid la#& ordinance or regulation f. Bouble jeopardy is clearly apparent g. Court has no jurisdiction over the case h. Case of persecution rather than prosecution i. Charges are manifestly false and motivated by lust for vengeance been denied =. (nstitution of Criminal )ctions: a. (n RTC: 9y filing a complaint #ith the appropriate officer for the purpose of conducting re/uisite preliminary investigation therein. b. (n Municipal Trial Courts and Municipal Circuit Trial Courts: 9y filing the complaint or information directly #ith said courts& or a complaint #ith the fiscal,s office c. (n Metropolitan Trial Courts 9y filing the complaint 3*8D #ith the office of the fiscal (n all ' above cases& such institution shall interrupt the period of prescription of the offense charged Rule 114& 51! d. 3ffenses subject to summary procedure [i.e. (1 violation of traffic la!s" (# violation of rental la!s" ($ violation of municipal or cit% ordinances" and (& criminal cases !'ere t'e penalt% does not e(ceed ) mont's or fine of P1*** or bot'+ irrespective of ot'er imposable penalties and civil liabilities, The complaint or information shall be filed directly in court #ithout need of a prior preliminary e;amination or preliminary investigation. -aldivia vs. .e%es % since a criminal case covered by the Rules of +ummary 1rocedure shall be deemed commenced only #hen it is filed in court& then the running of the prescriptive period shall be halted on the date the case is actually filed in court and not on any date before that. .eodica vs. C/ % Eclarifies -aldivia aboveF Gnder )rt. H1 of the R1C& the period of prescription shall be interrupted by the filing of the complaint or information. (t does not distinguish #hether the complaint is filed for preliminary e;amination or investigation only& or for an action on the merits. Thus& the filing of the complaint even #ith the fiscal,s office should suspend the running of the +tatute of 8imitations. The ruling in -aldivia is not applicable to all cases subject to the Rules on +ummary 1rocedure& since that particular case involved a violation of an ordinance. Therefore& the

j. Clearly no prima facie case against the accused and MTC on that ground had

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

applicable la# therein #as not )rt. H1 of the R1C& but )ct *o. ''$> I)n )ct to :stablish 1eriods of 1rescription for 7iolations 1enali2ed by +pecial )cts and Municipal 3rdinances and to 1rovide #hen 1rescription +hall 9egin to RunJ!& 5$ of #hich provides that period of prescription is suspended only #hen judicial proceedings are instituted against the guilty party. <. Contents of information a. *ame of the accused (nformation may be amended as to the name of the accused& but such amendment cannot be /uestioned for the first time on appeal People vs. Guevarra! :rror of name of the offended party: if material to the case& it necessarily affects the identification of the act charged. Conviction for robbery cannot be sustained if there is a variance bet#een the allegation and the proof as to the o#nership of the property stolen. b. Besignation of offense by statute or of sectionKsubsection of statute violated! 3nly one offense charged& :@C:1T #here la# prescribes a single punishment for various offenses. (f facts do not completely allege all the elements of the crime charged& the info may be /uashed; ho#ever& the prosecution is allo#ed to amend the info to include the necessary facts People vs. Purisima! c. )cts or omissions complained of constituting the offense (nformation need only allege facts& not include all the evidence #hich may be used to prove such facts 0alitaan vs. C1I! d. *ame of offended party e. )ppro;imate time of commission )ppro;imation of time is sufficient; amendment as to time is only a formal amendment; no need to dismiss case People vs. 2olero! ) significant discrepancy in the time alleged cannot be sustained since such #ould allo# the prosecution to prove an offense distantly removed from the alleged date& thus substantially impairing the rights of the accused to be informed of the charges against him People vs. .e%es! f. 1lace of commission Conviction may be had even if it appears that the crime #as committed not at the place alleged& provided that the place of actual commission #as #ithin the court,s jurisdiction and accused #as not surprised by the variance bet#een the proof and the information Cualifying and inherent aggravating circumstances need to be alleged as they are integral parts of the crime. (f proved& but not alleged& become only generic aggravating circumstances. H. )mendment of information and +ubstitution of information& distinguished AMENDMENT (nvolves changes either formal or SUBSTITUTION substantial *ecessarily involves a substantial change *eeds leave of court as information has to be dismissed original

?ithout leave of court if before plea

?here only as to form& there is no need for )nother preliminary investigation is another preliminary investigation and entailed and accused has to plead ane# reta0ing of plea of accused Refers to the same offense charged or Re/uires or presupposes that ne# info #hich necessarily includes or is involves a different offense #hich does not necessarily included in original charges& include or is not included in the original

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hence& substantial amendments to info charge& hence& accused cannot claim after plea ta0en cannot be made over double jeopardy objections of accused for if original info is #ithdra#n& accused could invo0e double jeopardy 14. )fter plea& amendment only as to matters of form& provided a. 8eave of court is obtained; and b. )mendment is not prejudicial to rights of accused 11. ?hen amendment is only as to form a. *either affects or alters nature of offense charged b. Charge does not deprive accused of a fair opportunity to present his defense c. Boes not involve a change in basic theory of prosecution 1$. :;ceptions to rule on venue a. -elonies in )rt. $& R1C cogni2able by proper court in #hich charge is first filed! b. Continuing offenses c. 1iracy #hich is triable any#here d. 8ibel residence; or #here first published! e. (n e;ceptional cases& to ensure fair trial and impartial in/uiry 1'. +pecial cases #ho may prosecute! a. )dultery and concubinage 3nly offended spouse can be complainant 9oth guilty parties must be included in complaint b. Crimes against chastity ?ith consent of the offended party& offended spouse& grandparents& guardian& or state as parens patriae& in that order 3ffended party& even if minor& has right to initiate the prosecution of the case independently of parents& grandparents or guardian& unless she is incompetentKincapable on grounds other than minority. (f offended party #ho is a minor fails to file the complaint& her parents& grandparents or guardian may do so. (n crimes against chastity& the consent of the victim is a jurisdictional re/uirementAAretraction renders the information void People vs. 3capan! (f comple;ed #ith a public crime& the provincial fiscal may sign the complaint on his o#n c. Befamation consisting of imputation of offenses in EaF or EbF! Complainant must be offended party The offended party may intervene in the prosecution of the criminal case because of her interest in it 0anal vs. 4adeo! 1.. 1rocedure a. Complaint filed in MTC or info filed in RTC #here an essential ingredient of the crime too0 place territorial jurisdiction! b. )mendment as a matter of right before plea c. )mendment upon discretion of the court after plea (nclusion of other accused is only a formal amendment #hich #ould not be prejudicial to the accused and should be allo#ed People vs. C/! d. )fter plea and before judgment& if it appears there #as a mista0e in charging proper offense& court shall dismiss original info upon the filing of a corrected

R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

one& provided that the accused #ill not be placed in double jeopardy substitution! -iscal determines direction of prosecution; complainant must as0 fiscal if he #ants to dismiss the case; the motion to dismiss must be addressed to the court #hich has discretion over the disposition of the case .epublic vs. 5unga! 3bjection to the amendment of an information or complaint must be raised at the time the amendment is made; other#ise& deemed to have consented thereto. 16. Remedies a. Motion to /uash May be filed after arraignment but before plea on the grounds provided by the rules generally& a fla# in the info! (f duplicity of offense charged is not raised in trial through a motion to /uash info& the right to /uestion it is #aived People vs. 3capan! b. Motion to dismiss May be filed after plea but before judgment on most of grounds for motion to /uash 1>. Buplicity of 3ffense in information or complaint! Befined as the joinder of separate and distinct offenses in one and the same informationKcomplaint Remedy: file a motion to /uash; failure is e/uivalent to a #aiver :;ception: #hen e;isting la#s prescribe a single punishment crimes! RULE 111 PROSECUTION OF CIVIL ACTION 1. General Rule: The injured party may file a civil action independent of the criminal proceeding to recover damages from the offender. )rticle '$ is a valid cause of a civil action for damages against public officers #ho impair the Constitutional rights of citi2ens /berca vs. 6er! :ven if the private prosecutor participates in the prosecution& if he is not given the chance to prove damages& the offended party is not barred from filing a separate civil action $. Civil action for recovery of civil liability impliedly instituted& :@C:1T a. ?aiver b. Reservation of right to institute separate action c. (nstitution of civil action prior to criminal action N3478 Gnder +C Circular 6=AH=& all criminal actions for violations of 91 9lg. $$ shall be deemed to necessarily include the corresponding civil action& and no reservation to file such civil action separately shall be allo#ed or recogni2ed. 5an Ildefonso Lines vs. C/ % past pronouncements of the +C that the re/uirement in Rule 111 that a reservation be made prior to the institution of an independent civil action is an Iunauthori2ed amendmentJ to substantive la# is no# no longer controlling. -ar from altering substantive rights& the primary purpose of the reservation re/uirement is to avoid multiplicity of suits& to prevent delays& to clear congested doc0ets& to simplify the #or0 of the trial court& and in short& the attainment of justice #ith the least e;pense and ve;ation to partiesA litigants. '. Civil action suspended #hen criminal action filed& :@C:1T a. (ndependent civil action )rts. '$& ''& '. and $1=> of *CC! b. 1rejudicial civil action comple;

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

c. Civil case consolidated #ith criminal action

d. Civil action not one intended to enforce civil liability arising from the offense e.g.&
action for legal separation against a spouse #ho committed concubinage!

R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

.. 1rejudicial /uestion arises #hen a. The civil action involves an issue similar or intimately related to the issue raised in the criminal action b. The resolution of such issue #ill determine #hether the criminal action #ill proceed or not Re/uisites for a prejudicial /uestion: i. The civil action involves an issue similar or intimately related to the issue raised in the criminal action: and

ii. The resolution of such issue determines #hether or not the criminal action may proceed 1etition for suspension of criminal action is to be filed at any time before prosecution rests. 6. Remedies a. Reservation of right to institute separate civil proceedings to recover civil liability arising from crime Must be made before prosecution presents evidence )ction instituted only after final judgment in criminal action b. 1etition to suspend the criminal action May be filed upon e;istence of a prejudicial /uestion in a pending civil action -iled at any time before the prosecution rests >. :;tinction of penal action does not carry #ith it e;tinction of the civil unless the e;tinction proceeds from a declaration in a final judgment that the fact from #hich the civil might arise did not e;ist. -inal judgment in civil absolving defendant from civil liability not a bar to criminal action =. -iling fees: a. )ctual or compensatory damages % filing fees not re/uired b. Moral& temperate and e;emplary % filing fees re/uired i. (f alleged& fees must be paid by offended party upon filing of complaint or information

ii. (f not alleged& filing fees considered a first lien on the judgment RULE 112 PRELIMINARY INVESTIGATION 1. 1reliminary investigation % in/uiry or proceeding to determine if there is sufficient ground to engender a #ellAfounded belief that a crime cogni2able by the RTC has been committed& and that the respondent is probably guilty thereof& and should be held for trial ) preliminary investigation is only necessary for an information to be filed #ith the RTC; complaints may be filed #ith the MTC #ithout need of an information& #hich is merely recommendatory 4andoc vs. .esultan! )bsence of a preliminary investigation is *3T a ground for a motion to /uash the information; an information filed #ithout a preliminary investigation is defective but not fatal; in its absence& the accused may as0 for one; it is the fiscalLs refusal to conduct a preliminary investigation #hen the accused demands one #hich is a violation of the rights of the accused (9oromal vs. 5andiganba%an!. Court should not dismiss the info& but hold the case in abeyance and either: 1! conduct its o#n investigation; or $! re/uire the fiscal to hold a reinvestigation. $. G:*:R)8 RG8:: The fiscal conducts the preliminary investigation before filing an information #ith the RTC& 7:C7P4 #here the accused is la#fully arrested #ithout a #arrant and an in/uest is conducted.

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

'. Right to 1reliminary (nvestigation ) personal right and may be #aived ?aived by failure to invo0e the right prior to or at least at the time of the plea .. ?ho conducts 1reliminary (nvestigation a. 1rovincial or city fiscals and their assistants b. "udges of MTC and MCTC c. *ational and regional state prosecutors d. +uch other officers as may be authori2ed by la# i. Buly authori2ed legal officers of C3M:8:C ii. The 3mbudsman iii. The 1CGG& in cases of illAgotten #ealth 6. 1rocedure a. (f conducted prior to arrest i. Complainant files complaint #ith a! 1rovincial or city fiscal b! Regional or state prosecutor c! MTC or MCTC judge& e;cluding MTC judge of Metro Manila or chartered cities d! 3ther offices authori2ed by la# ii. (nvestigating officer either dismisses complaint or as0s by subpoena complainant and respondent to submit affidavits and counterAaffidavits

iii. (f the investigating officer finds prima facie evidence& he prepares an

information and a resolution i.e.& if fiscal finds reasonable ground to believe that a crime has been committed and accused is probably guilty thereof Prima facie evidence is that evidence #hich& standing alone& une;plained and uncontradicted& #ould be enough to merit a conviction of the accused iv. 3ther#ise& he recommends the dismissal of the complaint (f the investigating officer is an MTC judge& and he finds that probable cause e;ists and that there is a need to place the accused under custody& then he may issue a #arrant of arrest 1lores vs. 5umaling % ?hat differentiates the present rule from the previous one is that #hile before& it #as mandatory for the investigating judge to issue a #arrant for the arrest of the accused if he found probable cause& the rule no# is that the investigating judge,s po#er to order the arrest of the accused is limited to instances in #hich there is a necessity for placing him in custody Iin order not to frustrate the ends of justice.J (t is therefore error for the investigating judge to order the issuance of a #arrant of arrest solely on his finding of probable cause& #ithout ma0ing any finding of a necessity to place the accused in immediate custody to prevent a frustration of justice. v. (nvestigating officer for#ards records to the city fiscal or chief state prosecutor vi. City fiscal or state prosecutor either dismisses the complaint or files the information in court Becision prevails over decision of the MTC judge vii. Records #ill not form records of the case proper Court on its o#n or on motion may order production of record

R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

b. (f conducted after #arrantless arrest i. (f accused #aives )rt. 1$6& R1C and as0s for a preliminary investigation& #ith the assistance of counsel& then the procedure for one prior to arrest is follo#ed a! -iscal determines the validity of the arrest

ii. (n/uest conducted as follo#s

(b) -iscal determines e;istence of prima facie evidence based on the

statements of the complainant& arresting officer and #itnesses c! -iscal either dismisses the complaint and orders the immediate release of the accused& 3R prepares and files an information ?hile fiscal has /uasiAjudicial discretion #hether or not to file an information& once it is filed #ith the court& the court ac/uires jurisdiction giving it discretion over the disposition of the case and the +ec. of "ustice should refrain from entertaining petitions for revie# or appeals from the decision of fiscal Crespo vs. 2ogul" 6elas;uez vs. <ndersecretar% of =ustice! N3478 (nformation may be filed by offended party& peace officer or fiscal #ithout preliminary investigation. >. Remedies a. Motion for preliminary investigation -iled #hen accused is arrested #ithout #arrant Must be #ith assistance of counsel and after #aiving )rt. 1$6& R1C b. Motion for preliminary investigation -iled #ithin 6 days after accused learns an information against him has been filed #ithout a preliminary investigation c. Motion for reAinvestigation d. )ppeal to B3" -iled upon denial of his motion for a preliminary investigation& on the ground that his rights to due process of la# #ere violated& ousting the court of jurisdiction e. 1etition for prohibition -iled #ith appellate court to stop the criminal proceedings 3rdinarily& injunction #ill not lie but may be granted in certain cases ?hen prohibition proper to restrain criminal proceedings:

i. ?hen strongAarm tactics are used for vindictive purposes 5alonga vs.
Cruz>Pano! ii.?hen the accused is deprived of his rights iii.?hen the statute on #hich the charge is based is null and void

iv.?hen it #ill aid the administration of justice 4atad vs. 5andiganba%an! v.?hen multiplicity of suits #ill be avoided Guingona vs. Cit% 1iscal!
RULE 113 ARREST 1. /rrest % ta0ing a person into custody in order that he may be bound to ans#er for the commission of some offense& made by an actual restraint of the person or by his submission to custody $. General Rule: *o person may be arrested #ithout a #arrant. *ot all persons detained are arrested; only those detained to ans#er for an offense. M(nvitationsM are not arrests and are usually not unconstitutional& but in some cases may be ta0en as commands 0abst vs. N0I!; ho#ever& the practice of

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

issuing an MinvitationM to a person #ho is investigated in connection #ith an offense he is suspected to have committed is considered as placing him under Icustodial investigation.J R) =.'<! ?arrants of arrest remain valid until arrest is effected& or the #arrant is lifted )rrest may be made at any time of the day or night '. ?arrantless arrests by a peace officer or a private person a. ?hen person to be arrested is committing& attempting or has committed an offense b. ?hen an offense has just been committed and the person ma0ing the arrest has personal 0no#ledge that the person to be arrested committed it ?arrantless arrest anytime for a continuing offense li0e rebellion& subversion <mil vs. .amos! The continuing crime& not the crime finally charged& needs only be the cause of the arrest <mil vs. .amos! c. ?hen person to be arrested is an escaped detainee either serving sentence or #ith case pending! c. ?hen a person la#fully arrested escapes d. 9ondsman& for purpose of surrendering the accused e. )ccused attempts to leave country #ithout court permission .. 1rocedure a. ?(TN ?)RR)*T i. Complainant files application #ith affidavits attached cause (n determining probable cause& judge must: 1! 1ersonally e;amine #itness $! ?itness must be under oath

ii. "udge conducts e( parte preliminary e;amination to determine probable

(3) :;amination must be reduced to #riting Luna vs. Plaza!

(n determining probable cause& the judge may rely on findings by responsible officer Lim vs. 1eli(! iii. "udge issues #arrant of arrest (f #ithout preliminary e;amination& considered irregular 6illaraza! 0agcal vs.

iv. (f peace officer is unable to serve #arrant 14 days after issuance& he must file a report and e;planation #ith judge #ithin 14 days v. (f #arrant served 1! 1erson informed that he is being arrested $! (nformed of cause of his arrest '! 3fficer may brea0 door or #indo# if admission to building is refused .! 1erson physically restrained -or private citi2ens ma0ing an arrest May not do so e;cept to do some service to humanity or justice 6! *o violence or unnecessary force may be used >! 3fficer may summon assistance =! 1erson #ho escapes after arrest may be immediately pursued vi. 1erson arrested is brought to nearest police station or jail

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

b. ?(TN3GT ?)RR)*T: i. 1erson is arrested ii.1erson arrested may #aive right to )rt. 1$6& R1C and as0 for preliminary investigation or in/uest -iscal is not judicial authority contemplated under )rt. 1$6 5a%o vs. C'ief of Police! iii.-iscal files info 6. Re/uisites for a #arrant of arrest: a. 1robable cause b. +igned by judge c. +pecifically naming or particularly and sufficiently describing person to be arrested "ohn Boe #arrants are void for being general #arrants Pangandaman vs. Cesar! >. Remedies a. 1etition for #rit of 'abeas corpus -iled #ith any court& to effect immediate release of the person detained -iled #hen a person is being illegally detained #ithout judicial process!& or #as illegally arrested void #arrant or unla#ful #arrantless arrest& or #arrantless arrest beyond period #ith no information filed! ?abeas corpus is not allo#ed #hen: i. The person is in custody of an officer under process of la#& and

ii.The court had jurisdiction to issue the process Luna vs. Plaza!
(f an arrest is improper& the remedy is a motion for /uashal of the #arrant of arrest andKor a motion to /uash the information& not 'abeas corpus Ilagan vs. 7nrile! ?abeas corpus is no longer available after an information has been filed& the information being the judicial process re/uired by la# Ilagan vs. 7nrile! ?abeas corpus is proper #hen a person is being restrained illegally& e.g.& imprisoned past ma;imum penalty allo#ed by la# Gumabon vs. 9irector of Prisons! b. Cuashal of #arrant of arrest -iled #ith court #hich issued the #arrant of arrest #hen the #arrant of arrest is fatally fla#ed c. Motion to /uash information -iled #ith court #hen information against the person arrested has been filed Must be made in a Mspecial appearanceM before the court /uestioning only its lac0 of jurisdiction over the person of the accused 3ther#ise& the voluntary appearance of the person arrested by filing a motion before the court #ould be deemed a submission to the authority of the court& thus granting it #hatever jurisdiction it lac0ed over the person )ny irregularity in the arrest is cured #hen the petitioner submits himself to the jurisdiction of the court& e.g.& by filing for bail 0agcal vs. 6illaraza! =. 6.6. 2endoza+ @.ig'ts to Counsel in Custodial Investigation@ :volution of rights of the accused under custodial investigation a. )ll involuntary confession #ere inadmissible; accused had to prove involuntariness b. (nvoluntary confessions #ere inadmissible only if they #ere false

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

c. Revert to e;clusionary rule: any involuntary confession is inadmissible d. Miranda rule: the accused must be informed of his rights i. To remain silent ii. )gainst selfAincrimination iii. To counsel e. Befinition of custodial investigation /uestioned f. (t begins only after arrest g. 1olice investigations prior to arrest are not covered

h. The rights may be #aived& but the rights to be informed of these rights& i.e.& to
#arning& may not be #aived i. j. ?arning must not only be said& officer must ma0e sure the person arrested understands them specifically 1resent rules i. 7oluntary confessions are admissible ii. Test of voluntariness determined on a caseAtoAcase basis iii. ?aiver of rights must not only be #ith counsel but must be in #riting Confessions made #ithout assistance of counsel are inadmissible as evidence to incriminate the accused& but they may be used to impeach the credibility of the accused& or they may be treated as verbal admission of the accused through the testimony of the #itnesses People vs. 2olas! RULE 114 BAIL 1. 0ail % security given for the release of a person in custody of la#& furnished by him or a bondsman& conditioned upon his appearance before any court as re/uired under the follo#ing conditions: a. Gnderta0ing effective upon approval and remains in force at all stages until promulgation of judgment& unless sooner cancelled b. )ccused shall appear before court #hen re/uired

c. -ailure to appear despite notice to him or the bondsman #ill #aive his right to be
present and trial shall proceed in absentia d. 9ondsman shall surrender accused for e;ecution of judgment 9ail applies to all persons detained& not just to those charged #ith the offense ?erras vs. 4ee'anAee! Court has po#er to prohibit person out on bail from leaving the country 2anotoc+ =r. vs. C/! 9ail implies delivery of the accused to the sureties #ho& though not holding him prisoner& may sei2e him and imprison him until they can deliver him to court <5 vs. 0onoan! $. General Rule: )ll persons are entitled to bail as a matter of right& e(cept those charged #ith capital offenses. Right to bail traditionally unavailable to military personnel facing court martial& #ho are not in the same class as civilians Comendador vs. de 6illa! 9ail should be available regardless of other circumstances or the merits of the case& if the health or the life of the detainee is in danger 9ela .ama vs. PeopleBs Court! :;cessive bail is tantamount to denial of bail& #hich is unconstitutional 9ela Camara vs. 7nage! '. ?hen bail is a matter of right 9efore or after conviction by MTC& MCTC& M"C

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

9efore conviction by the RTC of an offense not punishable by death& reclusion perpetua or life imprisonment .. ?hen bail is discretionary application filed #ith court #here case is pending!

a. Gpon conviction by RTC of an offense not punishable by death& reclusion

perpetua or life imprisonment b. 1rovisional liberty under same circs. but during period to appeal subject to consent of bondsman c. (n case he has applied for probation after final judgment& he may be allo#ed temporary liberty under his bail or recogni2ance 6. 1rocedure a. 3ffense charged is not capital: i. )ccused applies for bail 1! ?here information against him #as filed or #here case is pending $! )bsent 1!& in another branch of the same court #ithin the province or city #here he is held '! (f arrested in another province& city or municipality& file #ith the RTC .! )bsent '!& #ith the MTC ii."udge sets bail iii.)ccused may move to reduce bail& and hearing #ill be set iv.)ccused posts bail and deposits the same #ith the MunicipalKCityK1rovincial Treasurer or& if cash& #ith the Collector of (nternal Revenue v. )ccused is released b. 3ffense charged is capital: i. )ccused petitions for bail ii."udge sets hearing to determine #hether evidence of guilt is strong 7(>parte hearing on bail is arbitrary and unacceptable 4ee'anAee! iii.1rosecution presents evidence ?erras vs.

iv.Court may not force fiscal to produce evidence ?erras vs. 4ee'anAee!
v. (f evidence is strong& bail is denied vi.3ther#ise& judge sets bail and procedure for nonAcapital offense is follo#ed (n capital crimes& judgeLs discretion is limited to determining strength of evidence and does not cover determining #hether bail should be allo#ed ?erras vs. 4ee'anAee! :vidence must be strong that the accused is guilty of the capital offense charged& not just of any offense 0ernardez vs. 6alera! >. 0ail bond % an obligation under seal given by accused #ith one or more sureties and made payable to proper officer #ith the condition to be void upon performance by the accused of such acts as he may legally be re/uired to perform =. Recogni2ance a. 3bligation of record entered into before some court of magistrate duly authori2ed to ta0e it& #ith the condition to do some particular act& the most usual condition in criminal cases being the appearance of the accused for trial b. Boes not re/uire signature of accused for trial c. Boes not re/uire signature of accused to be valid <. 1rosecution #itnesses may be re/uired to post bail to ensure their appearance at the trial& e(cept8 a. +ubstitution of info see R114& 51.!

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b. Court believes that material #itness may not appear at the trial H. ?hen bail re/uired under R) >4'> violation of ordinance& light felony& criminal offense % not higher that > month imprisonment andKor 1$444 fine& or both!

a. Caught in flagrante
b. Confessed to commission of offense unless repudiated force and intimidation! c. 1reviously escaped& evaded sentence or jumped bail d. 7iolation of +ec. $ fails to report to cler0 of court periodically under his recogni2ance! e. Recidivist& habitual delin/uent previously convicted for an offense to #hich the la# or ordinance attaches an e/ual or greater penalty or for $ or more offenses to #hich it attaches a lighter penalty f. Committed offense #hile on parole or under conditional pardon g. 1reviously pardoned by municipal or city mayor for violation of ordinance for at least $ times 14. (nstances #hen accused may be released on recogni2ance: a. 3ffense charged is a violation of an ordinance& a light felony or criminal offense the imposable penalty to #hich does not e;ceed > months and or 1$444 fine b. 1erson has been in custody for a period e/ual to or more than the minimum of the imposable principal penalty& #ithout application of the (ndeterminate +entence 8a# or any modifying circumstance c. )ccused has applied for probation and before the same has been resolved& but *3 9)(8 #as filed or accused is incapable of filing one d. Douthful offender held for physical and mental e;amination& trial or appeal& if unable to furnish bail 11. Cancellation of bail a. Gpon application #ith the court and due notice to the fiscal i. )ccused surrenders bac0 to custody ii. )ccused dies b. )utomatic cancellation i. Case is dismissed ii.)ccused is ac/uitted iii.)ccused is convicted and surrenders for e;ecution of judgment 1$. ?hen bail cancelled or denied: after RTC imposes imprisonment e;ceeding > years& but not more than $4 years& and: a. )ccused is a recidivist& /uasiArecidivist& habitual delin/uent or guilty of the aggravating circumstance of reiteration; b. 1rovisionally escaped& evaded sentence& violated provisions of bail; c. Committed offense #hile on probation& parole& or conditional pardon; d. 1robability of flight; or e. Gndue ris0 that during appeal& he may commit another crime 1'. ?hen bail is forfeited a. )ccused fails to appear before court #hen re/uired '4 days for bondsman to sho# cause #hy judgment should not be rendered against him b. 9ondsman fails to produce him #ithin '4 days c. 9ondsman fails to satisfactorily e;plain to the court #hy accused did not appear #hen first re/uired to do so +ureties guarantee only appearance of the accused& not his conduct <5 vs. 0onoan!

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+ureties e;onerated if appearance made impossible by an act of God& the obligee or the la# <5 vs. 0onoan! 1.. 1rovisional forfeiture a. ?ithin '4 days& produce the body or give reason for nonAproduction )*B b. :;plain satisfactorily the absence of the accused #hen first re/uired to appear 16. Remedies a. )pplication for bail& #hen bail can be availed of as a matter of right b. 1etition for bail& #hen the offense charged is a capital offense -or judge to set hearing for the determination of strength of evidence of guilt 1>. Circumstances to be considered in fi;ing amount of bail: a. -inancial ability of accused to give bail; b. *ature and circumstances of offense; c. 1enalty of offense charged; d. Character and reputation of accused; e. )ge and health of accused f. ?eight of evidence against accused g. 1robability of accused appearing for trial; h. -orfeiture of other bonds; i. j. -act that accused #as a fugitive from justice #hen arrested; and 1endency of other cases in #hich the accused is under bond

1=. *otes:

a. 1osting bail #aives the right to /uestion any irregularity attending the arrest of a
person Callanta vs. 6illanueva!. No#ever& this does not result in #aiver of the inadmissibility of the articles sei2ed incidentally to such illegal arrest.

b. )ccused #aived the right to /uestion any irregularity in the conduct of the
preliminary investigation #hen he failed to do so before entering his plea People vs. 9ela Cerna! c. )ccused out on bail may be reAarrested if he attempts to depart from the 1hilippines #ithout prior court permission #arrantless arrest allo#ed!. RULE 115 RIGHTS OF ACCUSED 1. Right of the accused under the Rules a. To be presumed innocent until proven guilty beyond reasonable doubt (n an appeal from a conviction& the accused shall again be presumed innocent until and unless his conviction is affirmed Castillo vs. 1eli(! b. To be informed of the nature and cause of charges The right must be substantially complied #ith; arraignment and later proceedings must be in a language the accused understands People vs. Crisologo! c. To be present at every stage of proceedings& subject to #aiver by bail (f an accused escapes& he #aives this right and merits a trial in absentia; the accused forfeits his rights to be notified of proceedings in the future and to adduce evidence in his behalf People vs. 5alas! d. To testify as #itness on his o#n behalf& subject to crossAe;amination on matters covered by direct e;amination; not to be prejudiced by his silence e. *ot to be compelled to be a #itness against himself f. To confront and e;amine the #itnesses against him& including the right to use in evidence testimony of a #itness

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

i. ?ho is deceased& out of or cannot #ith due diligence be found in the R1 ii.Given in another proceeding iii.?ith the same parties iv.+ame subject matter v. 3pportunity to crossAe;amine 1rosecution has no privilege to #ithhold the identity of informers #hen such informer #as crucial in the operation itself; failure to present the informer is a denial of the right to confront the #itness #hich merits the reversal of the conviction People vs. 0agano! g. To have compulsory process to secure #itnesses and evidence in his behalf h. To have a speedy& impartial and public trial Gnreasonable postponements of trial amounts to a denial of the right to a speedy trial& entitling the accused to mandamus to compel dismissal of the case& or to habeas corpus if he is detained i. To have the right of appeal $. Rights of the accused under the Constitution a. To due process b. )gainst selfAincrimination Right is limited to testimonies; ocular inspection of the body may be allo#ed 6illaflor vs. 5ummers! 9eing informed of rights means a meaningful transmission of information& #ithout #hich confession made by the accused is inadmissible People vs. Nicandro! Confessions obtained through coercion are inadmissible People vs. 3pida! Right against selfAincrimination and to counsel do not apply during custodial investigation People vs. /%son! Buring trial& the right against selfAincrimination ta0es the follo#ing form: i. )ccused may refuse to testify ii.(f he testifies& he may refuse to ans#er those /uestions #hich may incriminate him in )*3TN:R offense c. )gainst double jeopardy d. To be heard by himself and counsel '. Bouble jeopardy a. -irst jeopardy must have attached prior to the first b. -irst jeopardy attached and terminated i. 7alid complaint or information ii.Competent court #ith jurisdiction iii.)ccused had pleaded iv.)ction ended in conviction& ac/uittal or termination #ithout the consent of the accused c. 3ffense charged in later case is: i. +ame as that in previous case ii.*ecessarily includes or is included in the previous case iii.)n attempt or frustration of the offense in previous case iv.)n offense lesser than that charged to #hich the accused pleaded guilty #ith the consent of the fiscal and the offended party .. :;ceptions to double jeopardy a. The offense #as made graver by supervening events

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b. The facts constituting the graver offense #ere only discovered after the filing of the earlier information *o double jeopardy if the ne# fact #hich justified the ne# charge arose only after arraignment and conviction People vs. Cit% Court! *o double jeopardy #here the trial #as a sham since there #as no competent court Galman vs. 5andiganba%an! *o double jeopardy if first case #as dismissed #ith consent of the accused Caes vs. I/C! There is double jeopardy if a person is charged t#ice under different penal statutes for the same acts People vs. .elova! c. 1lea of guilty to a lesser offense #ithout the consent of the fiscal and the offended party 6. Remedies a. Motion to /uash b. Motion to dismiss 9oth filed on the ground of violation of accusedLs rights& thereby ousting the court of jurisdiction >. N34758 Constitution+ /rt. III+ 5ec. 1 *o person shall be deprived of life& liberty or property #ithout due process of la#& nor shall any person be denied the e/ual protection of the la#s. Constitution+ /rt. III+ 5ec. 1& a. *o person shall be held to ans#er for a criminal offense #ithout due process of la#. b. (n all criminal prosecutions& the accused shall be presumed innocent until the contrary is proved& and shall enjoy the right to be informed of the nature and cause of the accusations against him& to have a speedy& impartial and public trial& to meet the #itnesses face to face& and to have compulsory process to secure the attendance of #itnesses and the production of evidence in his behalf. No#ever& after arraignment& trial may proceed not#ithstanding the absence of the accused provided that he has been duly notified and that his failure to appear is unjustifiable. Constitution+ /rt. III+ 5ec. 1) )ll persons shall have the right to a speedy disposition of their cases before all judicial& /uasiAjudicial& or administrative bodies. Constitution+ /rt. III+ 5ec. 1C *o person shall be compelled to be a #itness against himself. Constitution+ /rt. III+ 5ec. #1 *o person shall be t#ice put in jeopardy of punishment for the same offense. (f an act is punished by a la# or ordinance& conviction or ac/uittal under either shall constitute a bar to another prosecution for the same act. RULE 11 ARRAIGNMENT AND PLEA

1. 1rocedure a. Court informs accused of his right to counsel and as0s him if he #ants one

b. Court appoints counsel de oficio if accused has none

(f no such member of the available& any person #ho is a resident of the province& of good repute for probity and ability to defend accused c. Court gives counsel time to confer #ith accused at least an hour before arraignment

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

1eriod allo#ed for counsel de oficio to confer #ith accused must be substantially complied #ith; if not& case may be remanded for reAarraignment People vs. Gonzaga! d. )ccused given a copy of the information& #hich is read to him in a language he understands e. )ccused is as0ed #hether he pleads guilty or not guilty f. )ccused files a motion to /uash or ma0es plea g. )ccused personally ma0es his plea h. 1lea is entered into record i. (f accused ma0es plea of not guilty& counsel has at least $ days to prepare for trial People vs. /gba%ani % the right for $ days to prepare must be e;pressly demanded. 3nly #hen so demanded does denial thereof constitute reversible error and ground for ne# trial. -urther& such right may be #aived& e;pressly or impliedly. *3T:& N3?:7:R& under +C Circular '<AH< implementing I+peedy Trial )ct of 1HH=J!& accused must be given at least 16 days to prepare for trial& #hich shall commence #ithin '4 days from receipt of 1reATrial 3rder. j. Case proceeds to preAtrial& trial or hearing& depending on the plea +tatement in the judgment that the accused #as arraigned and pleaded is sufficient; the manner of statement of such fact is immaterial People vs. Cariaga! $. Oinds of plea a. *o plea % a plea of not guilty shall be entered b. Conditional plea of guilt % a plea of not guilty shall be entered c. *ot guilty % case proceeds to trial or preAtrial d. Guilty to a lesser offense % if fiscal and offended party consents& conviction under offense charged for purposes of double jeopardy i. (nfo may be amended ii. Case goes to trial iii. :ven if info is not amended& and even if lesser offense is not included in offense charged& court may still find the accused guilty of that lesser offense e. Guilty to a capital offense Court conducts searching in/uiry to determine if accused #as a#are of the charges& of his plea& and its conse/uences Court re/uires prosecution to present evidence to prove guilt of accused and determine his degree of culpability& and accused may still establish presence of mitigating circumstances in his favor f. Guilty to a nonAcapital offense Court receives evidence from the parties to determine penalty to impose 1lea of guilty not necessarily follo#ed by conviction. Gpon receipt of e;culpatory evidence if accused pleaded guilty!& trial court should consider the plea #ithdra#n and in its place& order the plea of not guilty 1lea of guilty #aives only defects #hich may be ta0en advantage of by motion to /uash or by plea in abatement; cannot cure jurisdictional defects. '. :ffects a. :ntry of plea #ill #aive i. Right to /uestion illegality of the arrest ii.Right to /uestion any irregularity in the preliminary investigation

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

iii.Right to file a motion to /uash b. (mprovident plea of guilty may be changed to not guilty any time before judgment is rendered c. ) plea of not guilty may not be changed to guilty& as doing so #ould only spare the prosecution of presenting evidence and still result in the conviction of the accused. .. Remedies a. Motion for specification May be filed any time before plea& even after a MTC -iled #hen the information is insufficient in form or is generally #orded& that a 9ill of 1articulars is necessary to clarify the acts for #hich the accused is being charged b. Motion to /uash May be filed at anytime before plea is entered 9ased on grounds provided by the rules c. Motion to suspend arraignment -iled #hen the accused seems mentally unsound or if there is a prejudicial /uestion in a pending civil case d. Motion to #ithdra# an improvident plea of guilt May be filed at any time before judgment of conviction becomes final& #hen it can be sho#n that the accused #as not a#are of the significance of pleading guilty to the charges RULE 11! MOTION TO "UASH 1. 2otion to ;uas' % a hypothetical admission that even if all the facts alleged #ere true& the accused still cannot be convicted due to other reasons General Rule: 9efore entering plea; all grounds not raised deemed #aived 7(ception8 The follo#ing grounds may be used in MTC even after plea a. *o offense charged b. 8ac0 of jurisdiction over the offense charged c. :;tinction of the offense or of the penalty d. Bouble jeopardy '. Grounds a. (nformation does not conform to prescribed form -or the info to charge a comple; crime& it is not necessary that it be defined by la#& only that it alleges that one offense #as necessary to commit the other People vs. /lagao! b. Court has no jurisdiction i. *o territorial jurisdiction ii.*o jurisdiction over offense charged may be raised at any time; no #aiver considered even upon failure to move to /uash on such ground iii.*o jurisdiction over person of the accused The court gained jurisdiction over the person of the accused #hen he voluntarily appeared for the preAsuspension hearing La%osa vs. .odriguez! c. )ccused #ould be put in double jeopardy 9ars another prosecution

$. ?hen to file Motion to Cuash

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

*o #aiver *o double jeopardy if first case #as dismissed #ith the consent of the accused Due vs. Cosico!& unless ground for dismissal is: a! denial of right to speedy trial; or b! insufficiency of evidence. (f the first case #as dismissed due to a deficient information& then there #as no valid information and there could be no double jeopardy Caniza vs. People! Cudia vs C/ % it should be the 1rovincial 1rosecutor of 1ampanga& not the City 1rosecutor& #ho should prepare informations for offenses committed #ithin 1ampanga but outside )ngeles City. )n information must be prepared and presented by the prosecuting attorney or someone authori2ed by la#. (f not& the court does not ac/uire jurisdiction. )lthough failure to file a motion to /uash the information is a #aiver of all objections to it insofar as formal objections to pleadings are concerned& /uestions relating to #ant of jurisdiction may be raised at any stage of the proceedings. Moreover& since the complaint or information #as insufficient because it #as so defective in form or substance that conviction upon it could not have been sustained& its dismissal #ithout the consent of the accused cannot be pleaded as prior jeopardy& and #ill not be a bar to a second prosecution. d. More than one offense #as charged& :@C:1T #here la# prescribes single punishment for various offenses e. -acts alleged do not constitute an offense May be raised at any time *o #aiver -or charge to be complete& it is necessary to state that it #as e;empted from any amnesty e;isting at the time f. Criminal action or liability has been e;tinguished g. (nformation contains allegations #hich& if true& #ould be a legal e;cuse or justification h. 3fficer #ho filed the information had no authority 1resentation of evidence cannot cure an invalid information People vs. /suncion! N3478 Court #ill consider no other grounds other than those raised& :@C:1T lac0 of jurisdiction over offense charged. .. Re/uisites of Bouble jeopardy a. 7alid information or complaint& sufficient in form and substance b. 9efore court of competent jurisdiction Boctrine of I"urisdiction by 7stoppelJ: depends upon #hether the lo#er court actually had jurisdiction or not. (f it had no jurisdiction& but the case #as tried and decided upon the theory that it had jurisdiction& the parties are not barred on appeal& from assailing such jurisdiction& for the same Lmust e;ist as a matter of la#& and may not be conferred by consent of the parties or by estoppelL. No#ever& if the lo#er court had jurisdiction& and the case #as heard and decided upon a given theory& such& for instance& as that the court had no jurisdiction& the party #ho induced it to adopt such theory #ill not be permitted& on appeal& to assume an inconsistent position P that the lo#er court had jurisdiction. Nere& the principle of estoppel applies. The rule that jurisdiction is conferred by la#& and does not depend upon the #ill of the parties& has no bearing thereon. c. )ccused had pleaded d. Conviction& ac/uittal& or dismissal or termination of case #ithout consent of accused

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

e. 9ar to offense charged& attempt to commit the same or necessarily includes or is necessarily included Conviction for physical injuries through rec0less imprudence constitutes double jeopardy to the charge of damage to property through rec0less imprudence. 6. 1rocedure a. MTC filed b. (f based on defect in info #hich can be cured& court shall order its amendment c. Cuashing the info shall *3T be a bar to subse/uent prosecution accused has not pleaded yet!& :@C:1T #hen the ground is: i. Bouble jeopardy 3R ii. :;tinction of criminal liability >. Remedies a. Motion to dismiss % if certain grounds #ere not raised or denied in a MTC b. Trial (f there #as really no basis for the info& then such could be proved in the trial Gpon denial of a MTC& the proper remedy is to go on trial and later to appeal& if necessary; mandamus or certiorari #ill only be granted if there is not other plain& simple and ade/uate remedy =. -ailure to move to /uash or to allege any ground therefor deemed a #aiver of such grounds& e(cept: a. -ailure to charge an offense b. 8ac0 of jurisdiction over the offense charged c. :;tinction of the offense or of the penalty d. Bouble jeopardy RULE 11# PRE$TRIAL 1. Plea bargaining % process #hereby the accused and the prosecution in a criminal case #or0 out a mutually satisfactory disposition of the case subject to court approval. (t usually involves the defendantLs pleading guilty to a lesser offense or to only some of the counts of a multiAcount indictment in return for a lighter sentence than that for the greater charge. Gnder I+peedy Trial )ct of 1HH=J& in all criminal cases cogni2able by the MTC& MCTC& MeTC& RTC and +andiganbayan& pretrial is mandatory. Gnder +C Circular '<AH<& implementing the I+peedy Trial )ct of 1HH=J& an accused may plea guilty to a lesser offense only if said offense is necessarily included in the offense charged. $. +tipulation of facts -acts #hich both parties and respective counsels agree on as evidenced by their signatures; these facts need not be proved by evidence in trial +tipulation is inadmissible if unsigned by either accused or counsel; a later memo of confirmation& signed only by counsel& cannot cure defect 1ule vs. C/! '. 1reAtrial order % binds the parties& limits the trial to matters not yet disposed of& and controls the course of action during the trial .. 1rocedure a. "udge must calendar preAtrial b. :ither party may #aive the preAtrial c. (f court appoints counsel de oficio& counsel has at least $ days to prepare d. (n the preAtrial conference

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

i. 1lea bargaining ii.+tipulation of facts iii.Mar0ing of evidence does not imply conceding to its admissibility or credibility! iv.?aiver of objections to admissibility of evidence v. 3ther matters #hich #ill promote a fair and e;peditious trial e. "udge issues preAtrial order RULE 11% TRIAL 1. (n trial& the defense tries a. To assail the admissibility of evidence #hich prove the elements of the offense charged b. To assail the credibility of such evidence c. To prove another version& possibly admitting certain evidence of the prosecution and adding other evidence to cast reasonable doubt :ven in summary procedure& the judge cannot base his decision simply on affidavits; he must give the defendant the chance to crossAe;amine Combate vs. 5an =ose! $. 1rocedure a. 1arties notified of date of trial $ days before trial date R11H& 51! N3?:7:R& under +C Circular '<AH<& accused must be given at least 16 days to prepare for trial& #hich shall commence #ithin '4 days from receipt of 1reATrial 3rder. b. )ccused may move that his #itnesses be e;amined c. Befense #itnesses e;amined by any judge or la#yer d. 1rosecution #itnesses& if they #ould be unable to attend trial& may be e;amined by the judge handling the case e. Trial continues from day to day& unless postponed for a just cause f. 1rosecution presents evidence 1resentation Testimonies: direct e;amination CrossAe;amination ReAcross 3ffer g. )ccused may move for discharge h. 1rosecution rests i. j. l. Befense may& #ith or #ithout leave of court& file a demurrer to evidence Befense presents evidence 1rosecution presents rebuttal evidence

0. Befense rests m. Befense presents rebuttal evidence n. Trial is closed; case is submitted for judgment '. ?hen mista0e made in charging proper offense a. (f )ccused cannot be convicted of offense charged or offense necessarily included therein b. )ccused detained& not discharged c. 3riginal case dismissed upon filing of proper information

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

7(ample8 Charged #ith theft. )t trial& appears that offense is estafa. The prosecution can as0 for the dismissal of the info in order to file a ne# one for estafa. *o Bouble "eopardy because no valid info in the first case. .. )pplication for e;amination of #itnesses for accused before trial a. +ic0 or infirm; unable to attend trial b. Resides more than 144 0m. from means of trial; no means to attend 6. )pplication prosecution! a. +ic0 or infirm b. Nas to leave the R1 #ith indefinite date of returning >. Re/uisites for postponement due to absence of a #itness a. ?itness is really material and appears to the court to be so b. 1arty #ho applies for postponement has not been guilty of neglect c. ?itness can be had at the time to #hich the trial has been deferred d. *o similar evidence could be obtained =. Re/uisites to discharge of an accused as +tate ?itness a. Testimony of accused absolutely needed b. *o other direct evidence available :@C:1T his testimony c. Testimony can be corroborated on material points d. )ccused does not appear to be most guilty e. )ccused has never been convicted of offense involving moral turpitude Bischarge of accused& #hen not all the re/uisites #ere met& cannot be revo0ed as long as he testified according to #hat #as e;pected of him People vs. /ninon! <. Remedies a. Motion for separate trials -iled by the fiscal to try several accused separately Granted at the courtLs discretion May also be ordered by the court motu proprio b. Motion to consolidate Gpon the courtLs discretion& separate charges may be tried in one single case if the offenses charged arise form the same facts or form part of a series of similar offenses Court allo#ed consolidation of rape cases substantially committed in the same manner People vs. 9avid! c. Motion for continuance % filed to postpone trial for just cause d. Motion to e;clude public :;cluding parties& counsels and court personnel May also be ordered by court motu proprio e. Motion for discharge -iled before the prosecution rests Nearing to determine e;istence of re/uisites for discharge 1rosecution #ill present evidence and the s#orn statement of the proposed state #itness :vidence adduced in this said hearing automatically form part of trial; ho#ever& if court denies motion for discharge& his s#orn statement shall be inadmissible in evidence.

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

Bischarge of the accused has the effect of ac/uittal& unless accused fails or refuses to testify against his coAaccused in accordance #ith his statement #hich formed the basis for his discharge! f. Bemurrer to evidence May be made after the prosecution rests its case (f the court finds the prosecutionLs evidence insufficient& the case #ill be dismissed 3ther#ise& if demurrer denied i. (f the demurrer #as made #ith leave of court& defense gets to present evidence ii.(f the demurrer #as made #ithout leave of court& defense is deemed to have #aived the right to present evidence and the case is submitted for judgment Case may also be dismissed motu proprio g. Motion to reopen -iled after the case is submitted for judgment but before judgment is actually rendered To allo# either side to present additional evidence& if such could not be found before Granted on discretion of the judge The accused cannot move to reopen the case to allo# him to adduce evidence in his behalf #hen his failure to adduce them during the trial #as his o#n fault People vs. Cruz! RULE 120 &UDGMENT 1. =udgment % 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 provided by la# on the accused $. General Rule: (f the accused is found not guilty& he #ill be ac/uitted and the ac/uittal immediately becomes final and e;ecutory. (f the accused is found guilty& penalty and civil liability #ill be imposed on him. '. )ccused may be convicted of a. The offense charged b. ) lesser offense necessarily included in the offense charged )ccused cannot be convicted for an offense graver than that charged People vs. Guevarra! .. Contents a. ?ritten in official language b. 1ersonally prepared and signed by the judge c. Contains facts proved d. Contains la# upon #hich judgment is based (n case of conviction+ judgment must state: i. 8egal /ualification of offense and aggravating and mitigating circumstances ii.8evel of participation iii.1enalty imposed iv.Civil liability for damages& unless right to separate civil action has been reserved (n case of ac;uittal+ judgment must state: i. Civil liability for damages& unless acts alleged clearly did not e;ist

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

ii.9asis of liability 6. 1rocedure a. "udge reads judgment in presence of accused b. (f judgment is of ac/uittal i. (t becomes final and e;ecutory ii.(t bars subse/uent prosecution for the same offense c. (f judgment is of conviction& remedy is to file: i. Motion for reconsideration ii.Motion for ne# trial iii.*otice of appeal 3r else& judgment becomes final and is entered in the boo0 of "udgments >. ?hen judgment in a criminal case becomes final: a. )fter lapse of period for perfecting an appeal; or b. ?hen sentence partially or totally satisfied or served; or c. )ccused has e;pressly #aived in #riting his right to appeal& :@C:1T in cases of automatic revie# #here death penalty is imposed d. )ccused has applied for probation =. 3nly a judgment in conviction can be modified or set aside a. 9efore judgment had been final other#ise double jeopardy!; b. 9efore appeal had been perfected; or c. To correct clerical errors in the judgment <. Remedies a. )ppeal -iled #ithin 16 days of promulgation of judgment 1eriod is interrupted by filing of a motion for ne# trial or reconsideration 3n motion of accused or at its o#n instance #ith consent of the accused b. Motion for reconsideration -iled #hen there are errors of la# or fact in the judgment +hall re/uire no further proceedings *otice should be given to the fiscal c. Motion for ne# trial *otice should be given to the fiscal -iled on the follo#ing grounds: i. :rror of la# or irregularities have been made during trial #hich are prejudicial to the substantial rights of the accused ii.*e# evidence has been found #hich could not have been found before and #hich could change the judgment H. 1rocedure for ne# trial a. Nearing shall be set and held b. )ll evidence not alleged to be in error shall stand c. *e# evidence #ill be introduced d. 3ld judgment may be set aside and a ne# one rendered 14. Notes8 5uspension of sentence for %out'ful offenders % after conviction& minor is committed to custody and care of B+?B or any training institution until reaches $1 years of age& or a shorter period

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

Probation % disposition under #hich a defendant after conviction and sentences& is released subject to conditions imposed by the court and to the supervision of a probation officer Parole % the conditional release of an offender from a penal or correctional institution after he has served the minimum period of his prison sentence under the continued custody of the state and under conditions that permit his reincarceration if he violated the conditions of his release RULE 121 NEW TRIAL OR RECONSIDERATION 1. Reopening of the case a. Made by the court before judgment is rendered in the e;ercise of sound discretion b. Boes not re/uire consent of accused c. May be made at the instance of either party #ho can thereafter present additional evidence $. Motion for ne# trial a. -iled after judgment is rendered but before the finality thereof b. )t the instance or #ith the consent of the accused c. The prosecution can move only for the reconsideration of the judgment but cannot present additional evidence '. Motion for *e# Trial is denied if: a. 3nly impeaching evidence is sought to be introduced as the court had already passed upon issue of credibility b. 3nly corroborative evidence is offered c. 1risoner admits commission of crime #ith #hich accused is charged facility #ith #hich such confession can be obtained and fabricated! d. )lleged ne# evidence is inherently improbable and could easily be concocted e. )lleged ne# evidence consists of recantations of prosecution #itness& due to unreliability of such recantations& :@C:1T if no other evidence to sustain conviction aside from recanted testimony .. *e# Trial vs. Reconsideration Motion for recon is based on the grounds of errors of la# in the judgment is court is not as0ed to reopen the case for further proceedings& but to reconsider its findings or conclusions of la# and ma0e them conformable to the la# applicable to the case on the judgment the court has to render ane#. 6. *e# Trial vs. Modification of "udgment (n *e# Trial& irregularities are e;punged from the record andKor ne# evidence is introduced. (n modification of judgment& no ne# hearings or proceedings of any 0ind or change in the record or evidence. ) simple modification is made on the basis of #hat is on the record. >. *e# Trial vs. Reopening of the Case *e# trial presupposes that e;istence of a judgment to be set aside upon the granting of a ne# trial (n reopening& no judgment has yet been rendered& although the hearing may have already been closed =. Motion for Reconsideration Grounds are errors of la# or fact in judgment& #hich re/uire no further proceedings. <. :ffects of Granting Motion for *e# Trial or Reconsideration a. 9ased on error of la# or irregularities during trial:

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

1roceedings and evidence not affected by irregularities stand& and those affected are set aside. Court may allo# introduction of ne# evidence b. 9ased on ne#ly discovered evidence: :vidence already ta0en shall stand; ne# evidence ta0en #ith the old

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

RULE 122 APPEAL 1. 1rocedure a. -iled #ith RTC& if original case #as #ith MTC *otice served to lo#er court and to adverse party b. -iled #ith the C) or +C& if original case #as #ith RTC i. ?ith C): notice of appeal #ith court& and #ith copy on adverse party (f C) is of opinion that penalty should be reclusion perpetua or higher& it shall render judgment imposing said penalty& but refrain from entering judgment and then certify the case and the entire record thereof to the +C for revie# R1$.& 51'! C) may reverse& affirm& or modify judgment of RTC& or remand case for ne# trial or reAtrial& or dismiss the case (f RTC decided case in appellate jurisdiction: 1etition for Revie# ii. ?ith +C: notice of appeal #here penalty imposed is life imprisonment& or lesser penalty involving offenses committed on the same occasion& or arising out of same occurrence #here graver penalty of death is available but life imprisonment is imposed; all other cases& by petition for revie# on certiorari (f death penalty& automatic revie# iii. ?ithdra#al of appeal May be made at any time before judgment on the appeal is rendered 8o#er court judgment becomes final Case remanded for e;ecution of judgment 3nce notice of appeal is filed& cannot be validly #ithdra#n to give #ay for a Motion for Recon or a Motion for *e# Trial& since the filing of the notice perfected the appeal& and the trial court loses its po#er to modify or set aside the judgment. The only valid #ithdra#al of an appeal is #here the accused decides to serve his sentence. $. :ffect of appeal by any of several accused a. +hall not affect those #ho did not appeal& :@C:1T if favorable and applicable to them b. Civil appeal by offended party shall not affect criminal aspect of judgment c. :;ecution of judgment on appellant #ill be stayed upon perfection of appeal '. ?hen appeal by prosecution from order of dismissal of criminal case #ill not result in double jeopardy a. Bismissal made upon motion or #ith e;press consent of the accused b. Bismissal is not an ac/uittal nor based upon consideration of the evidence or merits of the case c. Cuestion to be passed upon by the appellate court is purely legal so that if the dismissal is found incorrect& the case has to be remanded to the court of origin to determine the guilt or innocence of the accused .. ?hen serving sentence& remedy is to petition for 'abeas corpus a. -iled #hen the la# under #hich the accused #as convicted is repealed or declared unconstitutional b. ?hen a later judgment is rendered ac/uitting others for similar circumstances 3ther#ise& e/ual protection is violated c. ?hen penalty is lo#ered and convict has already served more than the ma;imum period of the ne# penalty ?abeas corpus is available #hen a person is imprisoned beyond the ma;imum penalty imposed by la# Gumabon vs. 9ir. of Prisons!

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

N3478 ?hen dismissal is capricious& certiorari lies and no double jeopardy since validity and not correctness of dismissal is being challenged. RULE 12 SEARCH AND SEI'URE

1. 5earc' !arrant % an order in #riting issued in the name of the 1eople of the 1hilippines& signed by a judge and directed to a peace officer& commanding him to search for personal property described therein and bring it before the court Cannot be issued to loo0 for evidence <% E'etin vs. 6illareal! +ei2ing objects to be used as evidence is e/uivalent to forcing one to be a #itness against himself <% E'etin vs. 6illareal! -or a #arrant to be valid& it must meet the re/uirements set by la# 0urgos vs. C'ief of 5taff! Tapping conversations is e/uivalent to a search and sei2ure <5 vs. Eatz! $. General Rule: *o search or sei2ure can be conducted unless it is authori2ed by a search #arrant. :vidence gathered from an illegal search and sei2ure is inadmissible. ?arrantless searches are illegal& unreasonable and unconstitutional /lvarez vs. C1I! (t is not the police action #hich is impermissible& but the procedure and unreasonable character by #hich it is e;ercised Guazon vs. de 6illa! Court gains jurisdiction over items sei2ed by a valid search #arrant and returned to it& and such is not an unconstitutional deprivation of property 6illanueva vs. Duerubin! :vidence from an illegal search may be used as evidence& if no objection is raised 5tone'ill vs. 9ioAno! Right against unreasonable search and sei2ure may be #aived& but for the #aiver to be effective: a. The right must e;ist b. 1erson must be a#are of the right c. 1erson clearly sho#s the intent to relin/uish such right *o #aiver against unreasonable search and sei2ure #hen one compromises the criminal proceedings /lvarez vs. C1I! There is no #aiver of right #hen evidence of coercion is present .oan vs. Gonzales! '. Re/uisites of a valid search #arrant a. (ssued upon probable cause Probable cause % such facts and circumstances #hich #ould lead a reasonably prudent man to believe that a crime has been committed and the thing to be searched for and sei2ed is in the place to be searched b. 1robable cause is personally determined by the issuing judge Nence& signed by him 9y any RTC& to be served any#here in the country& for an offense #hich occurred any#here in the country 2alaloan vs. C/! c. (ssuing judge personally e;amined& in the form of searching /uestions& the appellant and his #itness and too0 do#n their #ritten depositions d. +earch #arrant particularly describes or identifies the property to be sei2ed 1roperty #hich men may la#fully possess may not be the object of a search #arrant <% E'etin vs. 6illareal!

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

*ature of goods may allo# description to be general or not too technical /lvarez vs. C1I! e. 1articularly describes the place to be searched f. (t shall issue only for one specific offense 3ther#ise& cannot be said to have issued upon probable cause /sian 5uret% vs. ?errera! )bsence of specific offense ma0es impossible determination of probable cause 5tone'ill vs. 9ioAno! g. ?as not issued for more than 14 days prior to a search made pursuant thereto search #arrant becomes void after 14 days! h. (ndicates time& if to be served at night .. ?hen a search #arrant may be said to particularly describe the thing to be sei2ed a. Bescription is as specific as circumstances allo# b. :;presses a conclusion of fact by #hich the #arrant officer may be guided c. Things described are limited to those #hich bear a direct relation to the offense for #hich the #arrant is issued 6. 1rocedure a. Complainant files application& attaches affidavits 3ath re/uires that the person ta0ing it personally 0no#s the facts of the case People vs. 5% =uco! )ffidavits submitted must state that the premises is occupied by the person against #hom the #arrant is issued& that the objects to be sei2ed are fruits or means of committing a crime& and that they belong to the same person& thus& not affecting third persons People vs. 5% =uco! ?hen complainantLs 0no#ledge is hearsay& affidavits of #itnesses are necessary /lvarez vs. C1I! b. "udge conducts e( parte preliminary e;amination of complainant and #itnesses under oath to determine probable cause "udge must as0 probing /uestions& not just repeat facts in the affidavit .oan vs. Gonzales! c. "udge issues search #arrant good for 14 days d. 1eace officer in presence of occupant& members of the family 3R $ #itnesses of sufficient age and discretion residing in the same locality +earch may last for more than a day as long as it is part of the same search for the same purpose and of the same place <% E'etin vs. 6illareal! e. 1eace officer leaves receipt #ith occupant at place searched f. 1eace officer files return of search #arrant and inventory& and surrenders items sei2ed to receiving court not necessarily court #hich issued the #arrant! (tems sei2ed illegally must remain in custodia legis pending resolution of the case .oan vs. Gonzales! >. Remedies from an unla#ful search a. MTC the #arrant b. Motion to suppress as evidence the objects illegally ta0en c. Return of property illegally sei2ed =. ?hen a search may be validly conducted #ithout a #arrant a. ?ithout consent of person searched b. ?hen the search is incident to a la#ful arrest i. 1ersonal 0no#ledge of the arresting person Posadas vs. C/! ii.8imited to:

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001

1! (mmediate time of arrest $! (mmediate vicinity of the arrest '! ?eapons and things #hich may be used as proof of offense charged Nolasco vs. Pano! iii. +ubject in an offense #hich is mala pro'ibita cannot be summarily sei2ed Roan vs. Gon2ales! iv. May e;tend beyond arrestee to include premises and surrounding under his immediate control c. 9order searches customs& mail and airport! d. 7essels and aircrafts for violation of Tariff and Customs Code& :@C:1T d#elling houses e. 1lain vie# f. Moving vehicle g. Not pursuit h. +topAandAfris0& reasonable chec0Apoints i. j. 1rivate searches #ith no state action People vs. 2arti! (nspection of building and premises for enforcement of fire& sanitary and building regulations

<. 1erson ma0ing the arrest may ta0e from the arrestee a. 1roperties used in the commission of the crime b. -ruits or proceeds thereof c. 1roperty #hich may furnish the arrestee #ith a #eapon against the arresting person d. 1roperty #hich may be used as evidence at the trial H. N34758 Constitution+ /rt. III+ 5ec. # The right of the people to be secure in their persons& papers& houses and effects against unreasonable searches and sei2ures of #hatever nature and for any purpose shall be inviolable& and no search #arrant or #arrant of arrest shall issue e;cept upon probable cause to be determined personally by the judge after e;amination under oath or affirmation of the complainant and the #itnesses he may produce& and particularly describing the place to be searched and the persons or things to be sei2ed. Constitution+ /rt. III+ 5ec. $ a. The privacy of communication and correspondence shall be inviolable e;cept upon la#ful order of the court& or #hen public safety or order re/uires other#ise as prescribed by la#. b. )ny evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in the proceeding. RULE 12! PROVISIONAL REMEDIES IN CRIMINAL CASES 1. )ttachment as provisional remedy in criminal cases a. )ccused is about to abscond from R1 b. Criminal action is based on a claim for money or property embe22led or fraudulently misapplied or converted to the use of the accused #ho is a public officer& or any officer of a corporation& or an attorney& factor& bro0er& agent or cler0 in a fiduciary capacity& in #illful violation of duty c. )ccused has concealed& removed or disposed of his property& or is about to do so d. )ccused resides outside the R1

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R E M E D I A L L AW ( C R I M I N A L P R O C E D U R E ) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001