Professional Documents
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a) plea bargaining;
b) stipulation of facts;
c) marking for identification of evidence of
the parties;
d) waiver of objections to admissibility of evidence;
e) modification of the order of trial if the accused admits the charge but interposes a lawful defense;
f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
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(d) The civil aspect of quasi-offenses
Examples of quasi offenses:
(i) Cases covered are acts committed by reckless or simple imprudence or negligence resulting for
example in slight, less serious or serious physical injuries;
(ii) Imprudence resulting in damage to property;
and,
(iii) Reckless or simple imprudence with violation of the motor vehicle law.
(e) The civil aspect of estafa and libel
(f) The civil aspect of theft
Delays to be excluded from computing the period for commencement of the trial
1. Delay resulting from an examination of the physical and mental condition of the accused;
2. Delay resulting from proceedings with respect to other criminal charges against the accused;
3. Delay resulting from extraordinary remedies against interlocutory orders;
4. Delay resulting from pre-trial proceedings; provided that the delay does not exceed thirty (30)
days;
5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases or
transfer from other courts;
6. Delay resulting from a finding of the existence of a prejudicial question; and
7. Delay reasonably attributable to any period, not to exceed thirty (30) days, during which any
proceeding concerning the accused is actually under advisement;
8. Delay resulting from the absence or unavailability of an essential witness; an essential witness is
considered absent when his whereabouts are unknown or his whereabouts cannot be determined
by due diligence. He shall be considered unavailable whenever his whereabouts are known but his
presence for trial cannot be obtained by due diligence;
9. Delay resulting from the mental incompetence or physical inability of the accused to stand trial;
10. 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 if the information is dismissed
upon motion of the prosecution and thereafter a charge is filed against the accused for the same
offense;
11. Delay which is reasonable when the accused is joined for trial with a co-accused over whom the
court has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for
separate trial has been granted;
12. Delay resulting from a continuance granted by any court motu propio, or on motion of either the
accused or his counsel, or the prosecution, if the court granted the
continuance on the basis of its findings set forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the accused in a speedy trial
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Prohibited grounds for a continuance
(a) congestion of the court's calendar or due to lack of preparation; or
(b) failure to obtain available witnesses on the part of the prosecutor
2. If the witness refuses to post bail, the court shall commit him to prison until he complies or is legally
discharged after his testimony has been taken
Order of trial
The trial shall proceed in the following order:
1. The prosecution shall present its evidence first (a) to prove the charge, and (b) to prove the civil
liability in the proper case.
2. The accused will then present his evidence to prove his defense and the damages he sustained, if
any, arising from the issuance of a provisional remedy in the case;
3. The prosecution may present its rebuttal evidence unless the court the court allows it to present
additional evidence bearing on the main issue;
4. The accused may present sur-rebuttal evidence, unless the court allows him to present additional
evidence bearing on the main issue;
5. Upon submission of the evidence of the parties, the case shall be deemed submitted for decision
unless the court directs them to argue orally or to submit written memoranda
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(b) during trial, whenever necessary for identification purposes; and
(c) at the promulgation of sentence, unless it is for a light offense, in which case, the accused may
appear by counsel or representative. At such stages of the proceedings, his presence is required and
cannot be waived
Requisites of a judgment
(a) It must be written in the official language;
(b) It must be personally and directly prepared by the judge; and
(c) It must contain clearly and distinctly a (i) statement of the facts, and (ii) the law upon which it is
based
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Grounds for a new trial
(a) That errors ofiaw have been committed during the trial;
(b) That irregularities prejudicial to the substantial rights of the accused have been committed during
the trial; and
(c) That new and material evidence has been discovered
Forms of bail
(a) corporate surety,
(b) property bond,
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(c) cash deposit, or
(d) recognizance
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3. In cases filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense punishable
by an imprisonment of less than four (4) years, two (2) months and one (1) day, and the judge is
satisfied that there is no necessity for placing the accused under custody, he may issue summons
instead of a warrant of arrest (Sec. 8[b], Rule 112, Rules of Court). Since no arrest is made, bail is not
required.
4. Under Sec. 1 of R.A. 6036, bail shall not be required if a person is charged with violation of a
municipal or city ordinance, a light felony and/or a criminal offense, the penalty of which is not higher
than six (6) months imprisonment and/ or a fine of two thousand (P2,000.00) pesos or both where it is
established that he is unable to post the required cash or bail bond
1. A person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be not admitted to bail when evidence of guilt is strong regardless of the stage of
the criminal prosecution
2. Bail shall not be allowed after a judgment of conviction has become final
3. Bail shall not be allowed after the accused has commenced to serve sentence
*The rule is that no bail shall be allowed after a judgment of conviction has become final. However, if
before finality of the judgment, the accused applies for probation, he may be allowed temporary liberty
under his bail. When no bail was filed or the accused is incapable of filing one, the court may allow his
release on recognizance to the custody of a responsible member of the community
When application for bail after conviction by the RTC shall be denied
1. If the penalty imposed is death, reclusion perpetua or life imprisonment, bail should be denied since
the conviction indicates strong evidence of guilt based on proof beyond reasonable doubt
2. Even if the penalty imposed by the trial court is not any of the above but merely imprisonment
exceeding six (6) years, the accused shall be denied bail, or his bail already allowed shall be cancelled, if
the prosecution shows the following or other similar circumstances:
(a) That the accused is a recidivist or a quasi-recidivist, a habitual delinquent or has committed the
crime aggravated by the circumstance of reiteration;
(b) That the accused has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without justification;
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(c) That the accused committed the offense while under probation, parole or conditional pardon;
(d) That the circumstances of his case indicate the probability of flight if released on bail; or
(e) That there is undue risk that he may commit another crime during the pendency of the appeal
Duties of the trial judge in a petition for bail in offenses punishable by reclusion perpetua, life
imprisonment or death
(a) Notify the prosecutor of the hearing of the application for bail or require him to submit his
recommendation;
(b) Conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to
present evidence to show that the guilt of the accused is strong for the purpose of enabling the court
to exercise its sound discretion;
(c) Decide whether the evidence of guilt of the accused is strong based on the summary of evidence of
the prosecution;
(d) If the guilt of the accused is not strong, discharge the accused upon the approval of the bail bond.
Otherwise, petition should be denied
Forfeiture of bail
1. One of the conditions of the bail is for the accused to appear before the proper court whenever
required . When his presence is required, his bondsmen shall be notified to produce him before the
court on a given date and time
2. If he fails to appear in person as required by the court or by the Rules, his bail shall be declared
forfeited. The bondsmen shall be given thirty (30) days within which to produce their principal and to
show cause why no judgment should be rendered against them for the amount of the bail.
Failing in these two requirements, a judgment shall be rendered against the bondsmen, jointly and
severally, for the amount of the bail (Sec. 21, Rule 114, Rules of Court).
If the bondsmen move for the mitigation of their liability, the court is required not to reduce or
otherwise mitigate the liability of the bondsmen, unless the accused has been surrendered or is
acquitted (Sec. 21, Rule 114, Rules of Court).
3. Judgment against the bondsmen cannot be entered unless such judgment is preceded by an order of
forfeiture and an opportunity given to the bondsmen to produce the accused or to adduce satisfactory
reason for their inability to do so. An order of forfeiture merely requires the bondsmen "to show cause
why judgment should not be rendered against them for the amount of the bond." The order is different
from the judgment on the bond which is issued if the accused was not produced within the 30-day
period
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surrender of the accused, or
(b) proof of his death.
2. Automatic cancellation —
The bail may also be deemed automatically cancelled upon
(a) acquittal of the accused,
(b) dismissal of the case, or
(c) execution of the judgment of conviction
3. Sec. 5 of Rule 114 allows the cancellation of bail where the penalty imposed by the trial court is
imprisonment exceeding six (6) years if any of the grounds in the said section is present as when the
circumstances indicate the probability
of flight. The same section authorizes the appellate court to motu proprio or on motion of any party
review the resolution of the Regional Trial Court after notice to the adverse party in either case.
*the appropriate remedy against the trial court's order canceling the bail is by filing with the Court of
Appeals a motion to review the said order in the same regular appeal proceedings which the appellant
himself initiated,
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Jurisprudence is clear that with the arraignment of the accused, the DOJ Secretary can no longer
entertain the appeal or petition for review because petitioner had already waived or abandoned the
same
(c) Motion to quash —
(d) Challenge the validity of arrest or legality of the warrant issued or assail the regularity or question
the absence of a preliminary investigation of the charge
(a) The lesser offense is necessarily included in the offense charged; and
(b) The plea must be with the consent of both the offended party and the prosecutor. The consent of
the offended party will not be required if said party, despite due notice, fails to appear during the
arraignment
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(i) the guilt of the accused, and
(ii) the precise degree of his culpability; and
(c) To ask the accused if he wishes to present evidence and allow the accused to present evidence in his
behalf when he so desires
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(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification;
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent
First case had been validly terminated in any of the following ways:
(a) conviction,
(b) acquittal, or
(c) dismissal or termination without the express consent of the accused
Double jeopardy will apply even if the dismissal is made with the express consent of the accused, or
upon his own motion, only if it is predicated on either of two grounds:
1. insufficiency of the evidence
2. denial of the right to a speedy trial.
*In both cases, the dismissal will have the effect of an acquittal.
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accused by a multitude of cases with accumulated trials.
2. precludes the State, following an acquittal, from successively retrying the defendant in the hope of
securing a conviction.
3. prevents the State, following conviction, from retrying the defendant again in the hope of securing a
greater penalty
Sec. 8 of Rule 117 has two parts divided into two paragraphs, thus:
First paragraph: "A case shall not be provisionally dismissed except with the express consent of the
accused and with notice to the offended party."
Second paragraph: "The provisional dismissal of offenses punishable by imprisonment not exceeding six
(6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the
order without the case having been revived. With respect to offenses punishable by imprisonment of
more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance
of the order without the case having been revived."
For a case to be provisionally dismissed, that is, for the case to be considered as having been
provisionally dismissed, the following requisites mentioned in the first paragraph should concur:
(a) There must be express consent of the accused;
(b) There must be notice to the offended party.
If the withdrawal is sought when the case is already on appeal and the record has already been
forwarded, the Regional Trial Court may allow the appellant to withdraw his appeal provided
(a) amotion to withdraw is filed,
(b)motion is filed before the Regional Trial Court, renders judgment on the appeal.
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When preliminary attachment is available
- Preliminary attachment is available in a criminal case when the civil action is properly instituted in the
criminal action as provided in Rule 111 of the Rules of Court and in the following cases:
(a) When the accused is about to abscond from the Philippines;
(b) 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, officer of a corporation,
attorney, factor, broker, agent or clerk, in the course of his employment as such, or by any other person
in a fiduciary capacity, or for a willful violation of duty;
(c) When the accused has concealed, removed, or disposed of his property, or is about to do so; and
(d) When the accused resides outside the Philippines
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precise date is a material ingredient of the offense
(g) In offenses against property, if the name of the offended party is unknown, the property must be
described with such particularity to properly identify the offense charged
Interests of defendants which the speedy trial right was designed to protect
(i) to prevent oppressive pretrial incarceration;
(ii) to minimize anxiety and concern of the accused; and
(iii) to limit the possibility that the defense will be impaired.
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(c) Personal property used or intended to be used as a means of committing an offense
Duties of the officer after the search and seizure; delivery and inventory
(a) The officer must forthwith deliver the property seized to the judge who issued the warrant;
(b) The officer must, together with the delivery of the property also deliver a true inventory of the
property seized. Such inventory must be duly verified under oath
(c) Note: A violation of the above rules shall constitute contempt of court
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1. Warrantless search incidental to a lawful ar
rest;
2. Seizure of evidence in "plain view."
3. Search of a moving vehicle
4. Consented warrantless search;
5. Customs search;
6. Stop and frisk or Terry searches
7. Exigent and emergency circumstances
8. Search of vessels and aircraft; [and]
9. Inspection of buildings and other premises for the enforcement of fire, sanitary and building
regulations.
Parameters of a search incident to a lawful arrest; immediate possession and control rule
- allowable scope of a search incident to a lawful arrest. The provision limits the search to the
following:
(a) For dangerous weapons;
(b) For anything which may have been used in the commission of an offense; or
(c) For anything which constitute proof in the commission of an offense.
In case of consented searches or waiver of the constitutional guarantee against obstrusive searches,
it is fundamental that to constitute a waiver, it must first appear that:
(1) the right exists;
(2) the person involved had knowledge, either actual or constructive, of the existence of such right; and
(3) the said person had an actual intention to relinquish the right
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When a warrantless arrest is lawful
a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (in flagrante exception);
b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it (hot pursuit
exception); and
c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped
while being transferred from one confinement to another (escapee exception)
1. when a person previously lawfully arrested escapes or is rescued. Under the Rules, any person may
immediately pursue or retake him without a warrant at any time and in any place within the Philippines
2. an accused released on bail may be re-arrested without a warrant if he attempts to depart from the
Philippines without permission of the court where the case is pending
(a) the person to be arrested must execute an overt act indicating that he has just committed, is
actually committing, or is attempting to commit a crime; and
(b) such overt act is done in the presence or within the view of the arresting officer
*Under this exception a warrantless arrest made, one year after the offense was allegedly committed is
an illegal arrest.
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"A senator or member of the House of representatives shall, in all offenses punishable by not more
than six years imprisonment, be privileged from arrest while the congress is in session * * *."
The privilege of a senator or a congressman will not apply when the offense is (1) punishable by
imprisonment of more than six (6) years even if Congress is in session . Also, if the offense is not
punishable by imprisonment of not more than six (6) years, the privilege does not also apply if
Congress is not in session.
2. Under generally accepted principles of international law, sovereigns and other chiefs of state,
ambassadors, ministers plenipotentiary, ministers resident, and charge d'affaires are immune from the
criminal jurisdiction of the country of their assignment and are therefore immune from arrest
3. R.A. 75 prohibits the arrest of duly accredited ambassadors, public ministers of a foreign country,
their duly registered domestics, subject to the principle of reciprocity
When preliminary investigation is not required even if the offense requires a preliminary
investigation
1. If a person is arrested lawfully without a warrant involving an offense which requires a preliminary
investigation, i.e., the penalty is at least four (4) years, two (2) months and one (1) day, an information
or complaint may be filed against him without need for a preliminary investigation . Inquest
proceedings are proper only when the accused has been lawfully arrested without a warrant .
Thus, if a person is arrested by a police officer in flagrante delicto while robbing the victim through
violence or intimidation, the arrest is a lawful one and a preliminary investigation is not required even if
the penalty for robbery is more than four (4) years, two (2) months, and one (1) day. Under Article
294(5) of the Revised Penal Code, the minimum penalty for robbery is prision correctional in its
maximum period which is six (6) years under Article 27 of the same code. The offense is one which
involves a penalty higher than four (4) years, two (2) months, and one (1) day and the arrested person
would normally be entitled to a preliminary investigation. In this case however, a preliminary
investigation does not apply because he was validly arrested.
2. If he has been arrested in a place where an inquest prosecutor is available, an inquest will be
conducted instead of a preliminary investigation. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed directly with the proper court by the offended party or a peace
officer on the basis of the affidavit of the offended party or arresting officer or person
Who may conduct preliminary investigation and determine existence of probable cause
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
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(c) Other officers as maybe authorized by law
(a) When a complaint or information has already been filed pursuant to a lawful warrantless arrest or if
the accused is already under detention and was lawfully arrested without a warrant and a complaint or
information has been filed ; also when a warrant has already been issued by the MTC judge & accused
already detained
(b) When the accused is charged for an offense punishable only by fine; or
(c) When the case is subject to the Rules on Summary Procedure.
Civil action is deemed instituted along with the criminal action unless the offended party:
(a) waives the civil action,
(b) reserves the right to institute it separately, or
(c) institutes the civil action prior to the criminal action, is not applicable
2 kinds of acquittal
1. Acquittal on ground that accused is not the author of the act or omission complained of - no civil liab
2. Acquittal based on reasonable doubt on guilt of accused
- not exempt from civil liab because such liab may be proved by mere preponderance of evidence
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Elements of a prejudicial question
(a) the previously instituted civil action involves an issue similar or intimately related to the issue raised
in the subsequent criminal action, and
(b) the resolution of such issue determines whether or not the criminal action may proceed.
public prosecutor, in the exercise of his functions, has the power and discretion to:
(a) determine whether a prima facie case exists,
(b) decide which of the conflicting testimonies should be believed free from the interference or control
of the offended party, and
(c) subject only to the right against self-incrimination, determine which witnesses to present in court
Prosecution of a criminal action in the Municipal Trial Court or Municipal Circuit Trial Court
A criminal action in a Municipal Trial Court or in a Municipal Circuit Trial Court shall also be prosecuted
under the direction and control of the prosecutor
However, when the prosecutor assigned is not available, the action may be prosecuted by
(a) the offended party,
(b) any peace officer,
(c) or public officer charged with the enforcement of the law violated
When a private prosecutor may prosecute a case even in the absence of the public prosecutor
A private prosecutor may prosecute the criminal action up to the end of the trial even in the absence of
the public prosecutor if he is authorized to do so in writing. This written authorization shall be given by
either the Chief of the Prosecution Office or the Regional State Prosecutor. The written authorization in
order to be given effect must however, be approved by the court
The written authorization to the private prosecutor shall be given because of either of the following
reasons:
(a) the public prosecutor has a heavy work load or,
(b) there is a lack of public prosecutors
When leave of court is required even if the amendment is made before plea
(a) the amendment downgrades the nature of the offense charged, or
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(b) the amendment excludes any accused from the complaint or information
-If the amendment is made after the plea of the accused and during the trial, any formal amendment
may only be made under two conditions, namely:
(a) leave of court must be secured; and
(b) the amendment does not cause prejudice to the rights of the accused
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