final crimpro

8/2/2019 Final Crimpro

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RULE 110

Offenses with P.I.

- Filing the complaint w/ the proper officer- Purpose of conducting the requisite PI

Other offenses:

- Filing the complaint/information directly to:a) MTC and MCTCb) Office of the prosecutor

PI is required for offenses w/ penalty of

4 yrs, 2mo, 1 day

Cases triable by MTCs not subject to PI because it involves

minor offenses.

Arrest of a person w/o warrantinquest is required

Prescription begins to run from the day of the commission

of the violation of the law, and if the same be not known at

the time, from the discovery thereof and the institution ofjudicial proceedings for its investigation and punishment.

Interrupted only when proceedings are instituted against the

guilty person, and begin to run again if the proceedings are

dismissed for reasons not constituting the jeopardy.

Criminal prosecutions may not be restrained except in the ff

instances:

1) To afford adequate protection to the constitutionalrights of the accused

2) When necessary to the orderly administration ofjustice or to avoid oppression or multiplicity of

actions

3)

When there is a prejudicial question which is sub-judice

4) When the acts of the officers are without or inexcess of authority

5) Where the prosecution is under an invalid law,ordinance or regulation

6) When double jeopardy is clearly apparent7) Where the court has no jurisdiction over the offense8) Where it is a case of persecution rather than

prosecution

9) Where the charges are manifestly false andmotivated by lust or vengeance

10) When there is clearly no prima facie case againstthe accused and a motion to quash on that ground

has been denied

11) Preliminary injunction has been issued by the SC toprevent the threatened unlawful arrest of

petitioners.

Certiorari is not a remedy to restrain prosecution of a

case unless there is grave abuse of discretion.

Complaint of information

1) Shall be in writing2) Name of the PP3) Against all person responsible of the offenseComplaintsworn written statement charging a personw/ an offense, subscribed by the offended party, any

peace officer, or other public officer charged w/ the

enforcement of the law violated. filed in the court or

office of the prosecutor for PI.

If the complaint is not under oath court requires no

jurisdiction over the case

Informationaccusation in writing charging a person

with an offense subscribed by the prosecutor and filed

w/ the court.

- Subscribe only by the prosecutor

- always directly filed in the court

Who must prosecute criminal actions:

1) Under the direction and control of the publicprosecutor

2) If no public prosecutor private prosecutor asauthorized by the Chief prosecution in writing

subject to the approval of the court

In concubinage and adultery:

- Not prosecuted except upon a complaint by theoffended spouse

In seduction, abduction and acts of lasciviousness:

- Not prosecuted except upon a complaint filed by theoffended party or her parents, grandparents or

guardians- Offended party even if minor has the right to initiate

Principle of parens patriae apply only to seduction,

abduction and acts of lasciviousness, not to adultery and

concubinage.

Sufficiency of the complaint or information:

1) Name of the accused is stated2) Designation of the offense given by the statute3) Acts or omissions complained of as constituting the

offense

4) The name of the offended party5)

The approximate date of the commission of theoffense

6) Place where the offense was committedTime is not an element of a crime, unless the law makes

it material to establish the crime.

Verbal motion to correct the error in the name of the

accused is sufficient.

Aggravating circumstances cannot be considered unless

they are alleged in the complaints or information.

Duplicity of the offense a complaint or information

must charged only one offense

A duplicitous information is a valid indictment if not

objected to

If there is duplicity in the offense charged, the remedy is

to timely file a motion to quash

Amendment or substitution a complaint or

information may be amended in form and in substance

w/o leave of court, at any time before the accused enters

his plea.

Amendment refers to modification of a complaint or

information by the public prosecutor which changes its

forms or substance.Only in form if it does not affect or alter the nature of

the offense charged.

Substantial if it affects.


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Difference between amendment and substitution:

Amendment apply to both form and substance.

Substitution applies only to a substantial changes in the

original charge because a new complaint or information

is filed.

In amendment, no need for another PI.

In substitution, there is a need for another PI and the

accused has to plea anew

Amended info involves the same offense originallycharged

Substitution presupposes that the new information

involves a different offense which does not included in

the original charge.

Amendment made before the accused enters a plea to

the charge.

There is no need for a second plea if the amendment is

not substantial but only formal.

After plea and during trial, a formal amendment may

only be made w/ leave of court and if cannot causeprejudice to the rights of the accused.

In substitution, the accused shall not be placed in double

jeopardy.

Restrictions or limitations to amendments:

1) It does not deprived the accused to the right toinvoke prescription

2) It does not affect or alter the nature of the offenseoriginally charged

3) It does not involve a change in the basic theory ofthe prosecution so as to require the accused to

undergo any material change or modification in hisdefense

4) It does not expose the accused to a charge whichwould call for a higher penalty

5) It does not cause surprise nor deprived the accusedof an opportunity to meet the new averment

CASES involving VENUE

1) Perjury venue is where the affidavit waspresented, not where it is executed

2) KIDNAPPING - where the deprivation of libertyhas been carried out

3) Violation of BP Blg. 22 where the check wasissued or in the place where it was dishonored. It is

a transitory or continuing crime

4) Swindling or estafa where the deceit isperpetrated or if accounting is involved, in the place

where the accused is duty-bound to account for the

goods misappropriated or where the damage or

prejudice is suffered by the victim

5) Violation of conditional pardon where theviolation of the conditions was actually committed

6) Theft where the taking was consummated,irrespective of where the stolen things were taken

subsequently

7) Falsification where the document was actuallyfalsified irrespective of whether it was or was notused in another place

Difference between transitory and continuing offense:

Transitorywhere any of the essential ingredients took

place in one or more places, such as estafa, malversation

and abduction

Continuing one which is consummated in one place,

yet by reason of the nature of the offense, the violation

of the law is deemed continuing such as kidnapping and

illegal detention where the deprivation of liberty is

persistent and continuing from one place to another or

libel where the libelous matter is published or circulated

from one place to another.

An offended party may intervene in the prosecution of a

crime except:

1) When no civil liability arises in favor of the privateoffended party

2) When offended parties are entitled to civilindemnity, but a) waive the right to institute a civil

action; b) expressly reserve the right to do so; c)

the suit has already been instituted.

Grounds when offended party loses his right to

intervene in the criminal action:

1) When he waived the civil action2) When he reserves the right to institute the civil

action in a separate case

3) When he has actually filed the civil actionseparately from the criminal action

Independent civil action can be prosecuted

separately and independently from criminal action

to which they are related.

RULE 111

Prosecution of civil action

The reservation of the right to institute separately the civil

action shall be made before the prosecution starts presenting

its evidence.

Preponderance of evidence sufficient to prove an

independent civil action.

After the criminal action has been commenced, the separate

civil action arising therefrom cannot be instituted until final

judgment has been entered into the criminal action.

A final judgment rendered in a civil action absolving the

defendant from civil liability is not a bar to a criminal action

against the defendant for the same act or omission subject of

the civil action.

Prejudicial question a question or issue in a pending civil

case similar to or intimately related to the issue raised in a

criminal action subsequently filed, whereby the resolution of

the former is determinative of the guilt or innocence of the

accused in the criminal case, or determinative of the issue of

whether or not the criminal action may proceed.

Elements of prejudicial question:

1) The previously instituted civil action involves anissue similar or intimately related to the issue raised

in the subsequent criminal action

2) The resolution of such issue determines whether ornot the criminal action may proceed.

Cases where prejudicial question was not considered:

1) Bigamy case, filed by the first wife against thehusband

2) Civil action for cancellation of copyright3) A replevin case, which is a civil action for the

recovery of the property

4) Civil action for annulment of a deed of sale5) Pendency of an intestate proceeding


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6) Pendency of an ejectment case7) Civil action for declaration of the nullity of

documents and for damages

8) An action for annulment of marriage9) An action for a legal separation based on

concubinage

RULE 112Preliminary Investigation

PIan inquiry or proceeding to determine whether there is

sufficient ground to engender a well-grounded belief that

crime has been committed and the respondent is probably

guilty thereof and should be held for trial.

Primary objective of PI is to free respondents from the

inconvenience, expense, ignominy and stress of defending

himself/herself in the course of the formal trial, under the

reasonable probability of his or her guilt in a more or less

summary proceeding by a competent office designated bylaw for that purpose.

PI is not a part of a trial.

A petition for habeas corpus is NOT a proper remedy if the

accused was not accorded PI, which he did not waive.

The REMEDY is motion to quash

MANDAMUS lie to compel a prosecutor to file the

information when he refused to do so in spite of the prima

facie evidence of guilt of the accused.

CERTIORARINOT a remedy to annul result of PI.

Lack of PI is not a ground for a motion to quash.

Trial judge has the right to grant or deny the motion for

reinvestigation.

PI is not an essential part of the information.

Officers authorized to conduct PI:

1) Provincial or city prosecutors and their assistants2) National and regional state prosecutors3) Other officers as may be authorized by law

a) The comelecb) Lawyers designated as special prosecutorsc) Special prosecutors of the ombudsman

Procedure for PI

1) Filing of complaint2) Initial action of the investigating officer3) Submission of counter affidavit4) Clarificatory hearing5) Resolution by the prosecutor

Contents of sworn certification of investigating officer;

1) That he has personally examined the complainantand his witnesses

2) That there is a reasonable ground to believe that acrime has been committed

3) That the accused is probably guilty thereof4) That the accused was given an opportunity to

submit controverting evidence

When warrant of arrest may issue:

1) By the regional trial courtw/in 10 days2) By the municipal trial court3) When warrant of arrest not necessary

Cases when warrant of arrest not necessary:

1) When the accused is already under detention2) When the complaint or information was filed3) When offense is punishable by fine only

When an accused arrested lawfully w/o warrant

- Inquest proceeding is neededDocuments in the preliminary investigation:

1) Copies of evidence submitted by the parties2) affidavit and counter-affidavit and other relevant

evidence

3) resolution of the prosecutor recommending thefiling of the case

Cases NOT requiring PI

1) if filed with the prosecutor involving offense lessthan 4yrs, 2mo,1day

2) if filed w/ the MTC, and judge find no probablecause after personally evaluating the evidence

Probable Cause reasons supported by facts andcircumstances, as will warrant a cautious man in the belief

that his action, and the means taken in prosecuting it, are

legally just and proper.

RULE 113

Arrest

Arrestthe taking of a person into custody in order that he

may be bound to answer for the commission of an offense.

Rights of a person arrested:

1)

shall all times be assisted by a counsel2) Shall be informed in a language known and to beunderstood, and has the right to remain silent and

have a competent and independent counsel

3) Custodial investigation report shall be reduced inwriting

4) Any extrajudicial confession shall be in writing andsigned in the presence of a counsel

5) Any waiver by a person arrested or detained shallbe in writing

6) Shall be allowed visits by member of the familyProper procedure in issuing warrant of arrest:

1) The judge personally evaluates the report and thesupporting documents submitted by the fiscal re

existence of probable cause

2) If no probable cause, disregard the fiscals reportand require submission of affidavits of witnesses

Warrant of arrest does not expire:

Search warrant is valid only for 10 days

Arrest w/o warrant when lawful:

a) The person to be arrested has committed, is actuallycommitting, or is attempting to commit an

offense.(inflagrante delicto)

b) When an offense has just been committed and hehas probable cause to believe based on personalknowledge of facts or circumstances that the person

to be arrested has committed it (hot pursuit)

c) When the person to be arrested is a prisoner whohas escaped from a penal establishment or place

where he is serving final judgment


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Requisites of in flagrante delicto arrest:

1) The person to be arrested must execute an overt actindicating that he has just committed, is actually

committing or is attempting to commit the crime

2) Such overt act is done in the presence or within theview of the arresting officer

Probable cause in arrest refers to the presence of such facts

and circumstances w/in the personal knowledge of the policeofficer w/c could lead a reasonable, discreet and prudent

man to believe that an offense has been committed by the

person sought to be arrested, and that the objects sought in

connection with the offense are in the place to be searched.

Duties of an arresting officer:

1) Inform the arrestee of the cause of the arrest2) Inform the arrestee of the fact that a warrant of

arrest has been issued against him

Exceptions:

1) The arrestee flees2) The arrestee forcibly resists before the officer had

the opportunity to so inform him3) The giving of the information will imperil or

frustrate the arrest

Objection to any defect or irregularity attending the arrest

must be made before an accused enters his plea

PIfile information to courtcourt issue warrant of arrest

then arraignment

Sec. 5 R 113 prosecutor for inquest information file in

courtcommitment order

RULE 114

BAIL

Bailsecurity given for the release of a person in custody of

the law, furnished by him or a bondsmen, to guarantee his

appearance before any court as required under the conditions

hereinafter specified. Bail may be given in the form of

corporate surety, property bond, cash deposit, or

recognizance.

The right to bail flows from the presumption of innocence.

Bail cannot be granted to an accused who is not in custody

of the law

Duties of judge in application for bail:

1) In all cases, whether bail is a matter of right ordiscretion, notify the prosecutor of the hearing of

the application of bail

2) If bail is a matter of discretion, to conduct a hearingof 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

purposes of enabling the court to exercise its sound

discretion3) Decide whether the guilt of the accused is strong

based on the summary of evidence of the

prosecution

4) If the guilt is not strong, discharge the accusedupon approval of the bail bond

Conditions of the bail:

A) The understanding shall be effective upon approvaland unless cancelled, shall remain in force at all

stages of the case until promulgation of the

judgment of the RTC, irrespective of whether the

case is originally filed in or appealed to it

B) The accused shall appear before the proper courtwhenever required by the court or these rules

C) The failure of the accused to appear at the trial w/ojustification and despite due notice shall be deemed

a waiver of his right to be present thereat. The trial

may proceed in absentia.D) The bondsman shall surrender the accused to the

court for execution of the final judgment

Contents of the bail:

1) Full name and address of the accused2) Amount of the undertaking3) Conditions required by sec. 2 rule 114

Right to travel is restricted by the bail.

Bail is a matter of right.

a) Before or after conviction by the MTC, MTCC,MCTC

b) Before conviction by the RTC of an offense notpunishable by death..etc

Bail is a matter of discretion after conviction if penalty is not

more than 6 yrs. If more than 6 yrs, bail is denied.

Bail cancelled or denied in the ff:

1) Recidivist, quasi-recidivist, or habitual delinquentor has committed the crime aggravated by the

circumstance of reiteration.

2) Has previously escaped from legal confinement,evaded sentence or violated the conditions of his

bail w/o valid justification.3) Committed the offense while under probation,parole or conditional pardon

4) The circumstances of his case indicate theprobability of flight if released on bail

5) There is undue risk that he may commit anothercrime during the pendency of the appeal.

Requisites of recidivism:

1) The offender is on trial for an offense2) Previously convicted by final judgment of another

offense

3) First and second offense are embraced in the sametitle of the RPC

4) Was convicted of the new offenseCapital offense - an offense which, under the law existing

at the time of its commission and of the application for

admission to bail, nay be punished with death.

The right to bail only accrues when a person is arrested or

deprived of his liberty

A person who is detained may apply for bail even if he is not

yet charged in court.

Procedure of petition for bail:

1) A petition for bail be filed by the accused in courtwith notice to the public prosecutor.

2) The court shall notify the prosecutor of the hearingof the petition

3) Hearing will be held to enable the court to weighthe evidence of the prosecution to determine

whether to grant or deny the bail applied for.

4) Accused may present his own evidence to establishhis right to the bail applied for


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5) The court will decide whether the evidence of guiltis strong or not.

6) if strong, bail shall be denied, otherwise it shall begranted.

7) Accused shall be discharged or released upon theacceptance of his bail by the court

Duties of court in petition for bail, summary of evidencerequired.

Guidelines for the amount of bail:

1) Financial ability of the accused to give bail2) Nature and circumstances of the offense3) Penalty for the offense charged4) Character and reputation of the accused5) Age and health of the accused6) Weight of the evidence against the accused7) Probability of the accused appearing at the trial8) Forfeiture of other bail9) The fact that the accused was a fugitive from justice

when arrested10) Pendency of other cases where he accused is on

bail.

Excessive bail is not required.

Property bond an undertaking constituted as lien on the

real property given as security for the amount of the bail.

It is a security given for the release of a detained person

executed in the form of a lien annotated on the tie of the real

property submitted as bond.

Justification of sureties:

1)

He possesses the qualifications prescribed in thepreceding section

2) Describe the property given as security, stating thenature of his title, its encumbrances, the number

and amount of other bails entered into

Recognizancean obligation of record, entered into before

some court duly authorized to take it, with the condition to

do some particular act, the most usual condition in criminal

cases being the appearance of the accused for trial.

Venue for the filling of bail:

1) Filed with the court where the case is pending2) If judge is absent, bail maybe filed in any RTC

judge or inferior court judge in the province, city,

or municipality of the area

3) If arrested in the province, city or municipality, bailmay be filed in RTC of said place or judge of

inferior court in said place of RTC judge is absent.

Bail may be granted before arraignment.

When grant of bail is matter of discretion, application for

bail must be filed only w/ the court where the case is

pending, whether it is on trial or appeal.

Bail may be cancelled upon

- surrender of the accused or proof of his death.- Upon acquittal of the accused- Dismissal of the case- Execution of the judgment of conviction

RULE 115

Rights of the Accused

Equipoise Rulethe accused be acquitted because the

evidence does not fulfill the test of moral certainty and

therefore is insufficient to support a judgment of conviction.

RULE 116

Arraignment and plea

Arraignment stage of a criminal proceeding where the

complaint or information is read to the accused in open court

and in a language or dialect known to him and furnishing

him a copy thereof.

Purpose of arraignmentto inform the accused of the nature

and cause of the criminal charge against him and enable him

to prepare his plea or defense thereto.

Accused must be arraigned before the court where thecomplaint or information was filed or assigned for trial.

It must be made in an open court by the judge, by furnishing

him a copy of the complaint or information, reading in a

language or dialect known to him and asking him whether to

plea guilty or not guilty

Accused must be present during arraignment.

Pleaa formal reaction or response required of the accused

after the complaint or information has been read to him.

Classes of Plea:

1)

Conditional pleaplea made by accused subject tocertain conditions

2) Unconditional plea of guiltplea made by theaccused w/o any condition or reservation.

3) Negative indirect plearefusal of the accused tomake a plea whether guilty or not guilty.

4) Reverted pleathe accused entered into a plea ofguilty but later presents exculpatory evidence, is

plea shall be deemed withdrawn and a plea of not

guilty shall be entered for him by the judge.

5) Improvident pleaaccused declared but which didnot intend to enter such as when it was merely

induced upon him by intimidation or against his

free will.

Mandatory appearance of the offended party (private

complainant)

1) Plea bargaining2) Determination of civil liability of the accused3) Other matters requiring his presence like the

settlement of the civil aspect of the case.

Court requires jurisdiction of the accused:

1) Arrest2) Voluntary surrender3) Appearance at arraignment

Purpose for requiring prosecution to present evidence:1) To prove the guilt of the accused2) To determine his precise degree of culpability in

the commission of the offense

3 specific things mandatorily required of the judge:

1) To conduct a searching inquiry into thevoluntariness and full comprehension of the

consequences of the accuseds plea


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2) To require the prosecution too prove the guilt of theaccused and the precise degree of his culpability

3) Inquire whether or not the accused wishes topresent evidence on his behalf and allow him to do

so if he so desires.

Improvident plea of guilty made w/o proper advice, or

recklessly entered by the accused w/o comprehending its

seriousness and consequences.

Duty of the court before arraignment:

1) Inform the counsel his right to have an attorneybefore being arraign.

2) Ask him if he desires the aid of an attorney3) The court must assign an attorney de oficio if he

decides and cannot afford to have one

4) Court must grant him a reasonable time if hedesires to have an attorney of his own

Bill of particulars a statement which makes a pleading

more certain by furnishing additional information respecting

the cause of action or defense. Maybe obtained by demandor by motion.

Purpose of this is to fully apprise the accused of the charges

against him and to avoid surprises w/c might be prejudicial

to the rights of the accused.

Suspension of arraignment:

1) The accused is suffering from mental illness2) There exists a prejudicial question3) A petition for review of the resolution of the

prosecutor is pending at either the department of

justice or the office of the president, provided the

period of suspension does not exceed 60 days.

RULE 117

Motion to Quash

Motion to quash - formal motion filed by the accused

before arraignment seeking the dismissal of the complaint

or information based on the grounds specified by law.

Motion to quash must be filed before arraignment, except:

1) The complaint or information does not charge anoffense

2) The court lacks jurisdiction over the offensecharged

3) Extinction of the offense or penalty4) Double jeopardy

Motion to quash must be:

1) In writing2) Signed by the accused or is counsel3) Distinctly specify its factual and legal grounds

Purpose of MTQ:

- To clarify all ambiguities to make certain allindefinite assertions, to make the prosecution express

clearly and precisely the offense; to aid the parties inarriving at the real issues; to promote understanding

and prevent surprises.

MTQ is filed in the proper court where the information has

been filed and filed before the arraignment.

Grounds to quash the complaint or information:

1) The facts charge do not constitute an offense (canbe corrected by amendment)

2) The court trying the case has no jurisdiction overthe offense charged

3) The court trying the case has no jurisdiction overthe person of the accused

4) That the officer who filed the information had noauthority to do so (can be amended)

5) It does not conform substantially to the prescribedform

6) More than one offense is charged except when asingle punishment for various offenses is

prescribed by law (can be cured by amendment)

7) The criminal action or liability has beenextinguished (cannot be cured and cannot be

waived)

8) It contains averments which, if true, wouldconstitute a legal excuse or justification

9) The accused has been previously convicted oracquitted of the offense charged, or the case against

him was dismissed or otherwise terminated w/o his

express consent. (double jeopardy)

Extinguishment off criminal liability:1) Total extinguishment

a) Death of the convictb) Service of the sentencec) Amnestyd) Absolute pardone) Prescription of the crimef) Prescription of the penaltyg) By marriage of the offended woman

2) Partial extinguishmentA) By conditional pardonB) Commutation of the sentenceC) For good conduct allowances which the culprit

may earn while he was serving his sentence

Requisite of double jeopardy:

1) A first jeopardy must have been attached prior tothe second

2) The first jeopardy must have been validlyterminated

3) Second jeopardy must be for the same offenseAccused must be dismissed/discharged if quashal is based

on:

1) Extinguishment of criminal liability of the accused2) Double jeopardy

When a motion to Quash is granted, the rule is that the

accused may be charged again for the same offense because

double jeopardy does not attach. here the accused is given

a consent to the dismissal of the case w/c is tantamount to a

waiver of his right to double jeopardy.

When demurrer of evidence is granted, the dismissal of the

case is tantamount to an acquittal. Double jeopardy attaches.

Former conviction or acquittal: double jeopardy

1) Accused has been convicted or acquitted, or thecase against him dismissed or terminated w.o his

express consent2) The acquittal of the accused or the dismissal of the

case shall be a bar to another prosecution for the

offense charged

Exceptions to the rule when double jeopardy attaches

1) Dismissal due to demurrer of evidence, orinsufficiency of evidence


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2) Dismissal due to unreasonable delay in theprosecution of the case violating the accused right

to a speedy trial.

Requisites of double jeopardy: under sec 7 rule 117

1) There is a valid complaint or information or otherformal charge sufficient in form and in substance to

sustain a conviction2) It is filed against the accused before a court of

competent jurisdiction

3) The accused had pleaded to the charge4) Thereafter the accused was convicted, or acquitted

or the complaint or information was dismissed or

otherwise terminated w/o his express consent.

5) That the second charge upon the accused is thesame as the first, or is an attempt to commit the

same, or a frustration thereof, or that the second

offense necessary included in the offense charged

in the previous complaint or information.

If the first four requisites are present, the first charge

will constitute a bar to a second prosecution.for-1) A second complaint or information for the same

offense

2) It is an attempt to commit the same offense3) It is a frustration of the same offense4) It is an offense which necessarily includes or is

necessarily included in the first charge in the

previous complaint or information.

Judgmentadjudication by the court that the accused is

guilty or not guilty of the offense charged, and the

imposition of the proper penalty and civil liability if

any.

Exceptions to the rule of double jeopardy:

1) Doctrine of supervening facts if after the firstprosecution of the accused, new facts have

supervened which are the logical and natural

consequences of his acts complained

2) Doctrine of subsequent discovery after the firstprosecution, facts constituting the graver offense

became known or discovered.

3) Accused plea of guilty to a lesser offense w/o theconsent of the prosecutor and offended party.

A case shall not be provisionally dismissed except with the

express consent of the accused and with notice to the

offended party.

Provisional dismissal offenses less than 6 yrs permanent 1

yr after

More than 6 yrspermanent 2 years after the issuance of the

order

Order granting the withdrawal of the information attains

finality after 15 days from receipt

Order granting a motion to dismiss becomes final 15 days

after receipt

Omnibus motion rule

- When an accused file a motion to quash, he mustinclude all the grounds available in support of his

motion. His failure to alleged them all in the motion

will mean their waiver. They could not be raised

anymore specially on appeal.

Exceptions in motion to quash not deemed waived:

1) The facts charged do not constitute an offense2) The court has no jurisdiction over the offense charged

3) That the criminal action or liability has beenextinguished

4) Presence or applicability of double jeopardy.

RULE 118

Pre-trial

Pre-trial conference considering the ff:1) Plea bargaining2) Stipulation of facts3) Marking for identification of evidence of the parties4) Waiver of objections to admissibility of evidence5) Modification of the order of trial if the accused

admits the charge but interposes a lawful defense

6) Such matters as will promote a fair and expeditioustrial of the criminal and civil aspects of the case.

Pre-trial conference is mandatory in courts cognizable:

1) Sandiganbayan2) RTC3) Metrpolitan TC4) MTCC5) MTC in Municipalities6) MCTC

Plea bargaining process whereby the accused and the

prosecutor in a criminal case work out a mutually

satisfactory disposition of the case subject to court approval

Stipulation of facts process whereby parties may agree on

certain facts material to the issues and which need not be

proved anymore.

RULE 119TRIAL

After a plea of not guilty15 days to prepare for trial

Trial commence w/in 30 days from receipt of the pre-trial

order.

Trial in absentia allows accused to be absent except:

1) At arraignment and plea, whether of innocence orof guilt

2) During trial whenever necessary for identificationpurposes

3) At the promulgation of sentence, unless it is for alight offense

Absent witness whereabouts are not known or cannot be

determined by due diligence

Unavailable witness whereabouts are known but his

presence for trial cannot be obtained by due diligence

Order of the trial

1) The prosecution shall present the evidence to provethe charge and in the proper case, the civil liability

2) The accused may present evidence to prove hisdefense and damages, if any, arising from theissuance of a provisional remedy in the case

3) The prosecution and the defense may, in that order,present rebuttal and sur-rebuttal evidence

Material witness one whose testimony is essential to

establish the guilt or innocence of the accused.

Requisites for the discharge of an accused as a state witness:


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1) There is absolute necessity for the testimony of thedefendant whose discharge is requested

2) There is no other direct evidence available for theproper prosecution of the offense committed,

except the testimony of the said accused

3) The testimony of the said accused can besubstantially corroborated in its material points

4) Said accused does not appear to be the most guilty5) Said accused has not at any time been convicted of

any offense involving moral turpitude.

Discharge of an accused to become state witness:

1) Shall amount to an acquittal from the charge2) Shall be a bar to future prosecution of the same

offense

Demurrer of evidence a motion to dismiss based on

insufficiency of evidence which may be filed within the non-

extendible period of 5 days after the prosecution has rested

its case.

RULE 120

Judgment

Judgmentan adjudication by the court that the accused is

guilty or not guilty of the offense charged and the imposition

on him on the proper penalty and civil liability, if any.

4 Possibilities that may arise in judgment

1) Accused may be acquitted and declared w/o civilliability

2) Maybe acquitted but declared w/ civil liability3)

May be found guilty w/ civil liability4) May be found guilty w/o civil liability

Judgment becomes final:

1) After the lapse of the period for perfecting anappeal15 days after promulgation

2) Sentence partially or totally satisfied or served3) When accused has waive in writing his right to

appeal

4) When the accused has applied for probation.Judgment of acquittal becomes final immediately upon is

promulgation.

RULE 121

New trial or reconsideration

New trialthe accused on his own motion or at the initiative

of the court itself but with the consent of the accused is

allowed to present additional evidence in support of his

defense after a judgment of conviction has already been

rendered against him but before the judgment had become

final.

Grounds for New trial

1) Errors of law or irregularities prejudicial to thesubstantial rights of the accused

2) The newly discovered evidence must not only benew but also material to the issues in the case and

not merely cumulative , corroborative or

impeaching.

Second motion for reconsideration is prohibited in the trial

courts.

Requisites for a newly discovered evidence as ground for

new trial:

1) The evidence is discovered after trial2) Such evidence could not have been discovered and

produced at the trial even with the exercise of

reasonable diligence

3) The evidence is a material, not merely cumulative,corroborative, or impeaching and of such weight

that, if admitted, could probably change thejudgment.

Effects of granting new trial or recommendation:

1) On the ground of errors of law or irregularities allthe proceedings and evidence affected shall be set

aside and taken anew and allow the introduction of

additional evidence.

2) On the ground of newly discovered evidence theevidence already adduced shall stand and the newly

discovered shall be taken and considered together

w/ the evidence already in record.

3) Courts grant new trial or reconsideration originaljudgment shall be set aside and a new judgmentrendered accordingly.

RULE 122

APPEAL

Any party may appeal from a judgment or final order, unless

the accused maybe placed in double jeopardy.

Appeal by the prosecution from the order of dismissal does

not constitute double jeopardy if:

1) The dismissal is made upon motion or with expressconsent, of the defendant2) The dismissal is not an acquittal or based uponconsideration of the evidence or of the merits of the

case

3) The question to be passed upon by the appellatecourt is purely legal

Where to appeal:

1) RTC in cases decided by Metropolitan TC, MTCC,MTC, MCTC

2) To CA or to SC in cases decided by RTC3) To SC incases decided by the CA

RULE 123

Procedural in MTC

Exceptions to the uniform procedure:

1) If a particular provision applies only to any of thesaid court, said provision does not apply to other

courts.

2) In the criminal cases governed by the RevisedRules on Summary Procedure, the procedure in

RTC does not apply.

RULE 124

Procedure in CA

Criminal cases appealed to CA party appealing is called

appellant

Adverse partyappellee

MR filed w/in 15 days from notice of the decision.


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The timely filing of the motion for new trial in the CA is

between the perfection of the appeal and before the

judgment of conviction becomes final.

Mittimus a process issued by the court to carry out a final

judgment such as commanding a prison warden to hold the

accused in accordance w/ the terms of the judgment. It is the

counterpart of the writ of execution in civil cases.

RULE 125

Procedure in SC