remedial law reviewer criminal procedure

8/6/2019 Remedial Law Reviewer Criminal Procedure

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RULES OF CRIMINAL PROCEDURE

Criminal Jurisdiction of Inferior Courts

1. violations of city or municipal ordinances committed within their

respective territorial jurisdiction; and2. offenses punishable with imprisonment not exceeding 6 yearsirrespective of the

1. amount of fine2. other imposable accessory or other penalties3. civil liability arising from such offenses or predicated thereon,

irrespective of kind, nature, value or amount thereof4. offenses involving damage to property through criminal

negligence

US v. Bernardo, 19 Phil 265 (1911) repealed by Legados case; Inferior

courts have no jurisdiction to over crimes that may require sentencing theaccused to support the offspring from the crime, even if the period ofimprisonment is within the jurisdiction of the inferior court.

Legados v. de Guzman, 170 SCRA 357 (1989) MTC has exclusive originaljurisdiction over all offenses where the penalty imposable does not exceed 4years and 2 months (now 6 years) regardless of other imposable penaltiesand civil liability arising from such offense. Hence, the inferior courts havejurisdiction for simple seduction, even if the accused might be required tosupport the offspring from the crime.

Jurisdiction of the Sandiganbayan

1. violations of the Anti-Graft and Corrupt Practices Act, Bribery under theRPC, forfeiture of properties unlawfully acquired by public officers,where one or more of the accused are officials occupying the followingpositions in the government, whether in a permanent, acting or interimcapacity, at the time of the commission of the offense:

1. Officials of the executive branch occupying the positions ofregional director and higher, otherwise classified as Grade 27and higher, specifically including:

1) Provincial governors, vice-governors, members of the sangguniangpanlalawigan, and provincial treasurers, assessors, engineers, and other citydepartment heads;

2) City mayor, vice-mayors, members of the sangguniang panlungsod,city treasurers, assessors, engineers, and other city department heads;


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(b) For all other offenses, by filing the complaint or information directly withthe Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaintwith the office of the prosecutor. In Manila and other chartered cities, thecomplaint shall be filed with the office of the prosecutor, unless otherwiseprovided in their charters.

The institution of the criminal action shall interrupt the period of prescriptionof the offense charged unless otherwise provided in special laws

General Rule: Criminal prosecution may not be restrained or stayed byinjunction.

Exceptions:

1. to afford adequate protection to the constitutional rights of theaccused

2. when necessary for the orderly administration of justice or to avoidoppression or multiplicity of actions

3. when there is a pre-judicial question which is sub judice4. when the acts of the officer are without or in excess of authority5. where the prosecution is under an invalid law, ordinance or regulation6. when double jeopardy is clearly apparent7. where the court has no jurisdiction over the offense8. where it is a case of persecution rather than prosecution9. where the charges are manifestly false and motivated by the lust for

vengeance10. when there is clearly no prima facie case against the accused

and a motion to quash on that ground has been denied11. to prevent the threatened unlawful arrest of petitioners

Complaint Information

Sworn statement Need not be sworn

Signed by the offended party, peaceofficer, or public officer charged with theenforcement of the law violated

Signed by the prosecutor [Abela v.Golez, 131 SCRA 12]

When public prosecutor participation is not enough (private offenses)

1. adultery2. concubinage3. seduction4. abduction


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5. acts of lasciviousness6. defamation which consists in the imputation of private offenses

Note that rape is no longer a private offense. It may now be prosecuted evenwithout the initiation of the victim or her relatives.

Special rules for prosecution of private offenses

1. adultery and concubinage1. complaint filed by the offended spouse (can not be filed by

anyone else, even if the offended spouse died)2. offended party has not consented to the offense or pardoned the

offenders.3. including all living guilty parties4. seduction, abduction, and acts of lasciviousness

1. complaint filed by

1) the offended party independently, unless she is incompetent orincapable

2) If the offended party is a minor and fails to file the complaint,successively and exclusively

a) her parents

b) grandparents, or

c) guardian

1. If the offended party dies or becomes incapacitated before she can filethe complaint, and she has no known parents, grandparents orguardian, the State shall initiate the criminal action in her behalf.

2. the offender has not been expressly pardoned by any of them3. defamation which consists in the imputation of private offenses upon

complaint filed by the offended party

Note in private offenses, the State can possibly file a case independent ofthe offended parties only in seduction, abduction and acts of lasciviousness.

In adultery, concubinage, and defamation, the State can not file a casewithout a complaint by the offended party.

Designation of the offense

1. Either1. designation of the offense given by the statute, or


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2. if there is no designation, reference to the section or subsectionof the statute punishing it

3. aver the acts or omissions constituting the offense4. specify its qualifying and aggravating circumstances.

Cause of the accusation The acts or omissions complained of asconstituting the offense and the qualifying and aggravating circumstances

1. must be stated in ordinary and concise language2. not necessarily in the language used in the statute3. in terms sufficient

1. to enable a person of common understanding to know

1) what offense is being charged

2) its qualifying and aggravating circumstances

1. for the court to pronounce judgment.

GR: Allegation that the offense was committed or some of its essentialingredients occurred at some place within the jurisdiction of the court issufficient.

Exceptions: the particular place where it was committed constitutes

1. an essential element of the offense charged or2. is necessary for its identification

People v. Mabuyo, 63 SCRA 532 (1975) Unless place of commission is anessential element of the crime, the accused may be convicted of a crimecommitted in a place other than the place alleged in the information, as longas such other place is still within the jurisdiction of the court.

GR: Precise date the offense was committed not necessary.

Exception: When it is a material ingredient of the offense.

Rocaberte v. People, 193 SCRA 152 (1991)

Facts: Rocaberte was charged with theft allegedly committed in a period of 7years (1977-1983). He moves to quash on the ground that the informationviolated his right to be informed.

Held: A variance of several years in the allegations of the complaint is fatallydefective and violative of the constitutional right to be informed. However,the remedy is to move for a bill of particulars, not a motion to quash.


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GR: The person against whom or against whose property the offense wascommitted must be identified by

1. his name and surname, or2. any appellation or nickname by which such person has been or is

known, or3. if the name of the offended party is unknown1. a fictitious name; if true name subsequently ascertained, the

true name shall be inserted in the complaint or information andrecord

2. In offenses against property, the property must be describedwith such particularity as to properly identify the offense.

3. averment that offended party is a juridical person or that it isorganized in accordance with law is not necessary

Amendments

1. before accused enters his plea1. as to anything which does not downgrade the charge or exclude

any accused without leave of court2. downgrade the charge or excludes an accused

1) upon motion by the prosecutor

2) with notice to the offended party

3) with leave of court

a) which shall state its reasons

b) served on all parties, especially the offended party

1. after arraignment but before judgment1. only as to form with leave of court and when it can be done

without causing prejudice to the rights of the accused.2. wrong offense charged

1) the court shall dismiss the original case upon the filing of a new one

charging the proper offense

2) provided the accused would not be placed in double jeopardy

The court may require the witnesses to give bail for their appearance at thetrial.


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In criminal procedure, venue is jurisdictional. In civil procedure, venue isprocedural and may be waived.

Venue

1. the court of the municipality or territory where the offense wascommitted or where any of its essential ingredients occurred.

2. if committed on board a vessel in the course of its voyage the courtof

1. the first port of entry or2. any municipality or territory where the vessel passed during such

voyage3. if committed in any other vehicle in the course of its trip the

court of any municipality or territory where said vehicle passed

during its trip, including the place of its departure and arrival.4. Crimes committed outside of the Philippines but punishable

under Article 2 of the RPC shall be cognizable by the court wherethe criminal action is first filed.

RULE 111 PROSECUTION OF CIVIL ACTION

Note that the provision requiring reservation of independent civil actions nolonger exists.

GR: Civil action deemed instituted with the criminal action.

Exceptions: the offended party

1. waives the civil action2. reserves his right to institute it separately

1. before the prosecution starts presenting its evidence and2. under circumstances affording the offended party a reasonable

opportunity to make such reservation3. institutes the civil action prior to the criminal action

Exception to the Exceptions No reservation to file a separate civil action for

1. violations of BP 22 shall be allowed. The criminal action for violation ofBP 22 shall be deemed to include the corresponding civil action.

2. cases before the Sandiganbayan (Sec. 4, RA 8249)


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No counterclaim, cross-claim or third-party complaint may be filed by theaccused in the criminal case, but any cause of action which could have beenthe subject thereof may be litigated in a separate civil action.

Where the civil action has been filed separately and trial thereof has not yetcommenced

1. it may be consolidated with the criminal action upon application withthe court trying the criminal case

2. If the application is granted, the trial of both actions shall asconsolidated the civil and criminal actions.

Filing fees over

1. moral, nominal, temperate or exemplary damages1. specified in the complaint or information paid upon filing2. not specified in the complaint or information constitute a first

lien on the judgment awarding such damages.3. actual damages none, unless otherwise provided in these

Rules, e.g. amount of the check in violations of BP 22

Effect of criminal action on separate civil action

1. If criminal action has been commenced earlier separate civil actioncannot be instituted until final judgment has been entered in thecriminal action.

2. If the criminal action is filed after the separate civil action has alreadybeen instituted

1. civil action suspended, in whatever stage it may be found beforejudgment on the merits, until final judgment (de Leon: not afterjudgment is entered?) is rendered in the criminal action.

2. civil action may, upon motion of the offended party, beconsolidated with the criminal action in the court trying thecriminal action

1) evidence already adduced in the civil action shall be deemedautomatically reproduced in the criminal action

2) without prejudice to the right of

a) the prosecution to cross-examine the witnesses presented bythe offended party in the criminal case and


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b) [de Leon: why in the world would the prosecution cross-examine the witnesses of the offended party? Arent they on the same side?I think this is a typographical error.]

c) the parties to present additional evidence.

3) the consolidated criminal and civil actions shall be tried and decidedjointly.

1. During the pendency of the criminal action, the running of prescriptionof the civil action which cannot be instituted separately or whoseproceeding has been suspended shall be tolled.

2. GR: The extinction of the penal action does not carry with it extinctionof the civil action.

3. Exception: there is a finding in a final judgment in the criminal actionthat the act or omission from which civil liability may arise did not exist

PRELIMINARY INVESTIGATION (RULE 12)

Preliminary investigation an inquiry or proceeding to determine whetherthere is sufficient ground to engender a well-founded belief that a crime hasbeen committed and the respondent is probably guilty thereof, and shouldbe held for trial.

GR: Preliminary investigation required

Exceptions: When preliminary investigation not required

1. Penalty is at most 4 years, 2 months

when accused was lawfully arrested without a warrant (Sec. 7, Rule 112)

Cases not requiring a preliminary investigation nor covered by the Rule onSummary Procedure

1. If filed with the prosecutor

1. the procedure outlined in section 3(a) of Rule 112 shall beobserved

2. The prosecutor shall act on the complaint based on the affidavitsand other supporting documents submitted by the complainantwithin 10 days from its filing.

3. If filed with the MTC, for an offense covered by this section1. the procedure in section 3(a) of Rule 112 shall be observed


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2. If within 10 days after the filing of the complaint orinformation, the judge finds no probable cause afterpersonally evaluating the evidence or after personallyexamining in writing and under oath the complainant andhis witnesses in the form of searching questions and

answers

1) he shall dismiss the same, or

2) require the submission of additional evidence, within 10 days fromnotice, to determine further the existence of probable cause.

a) If the judge still finds no probable cause despite the additionalevidence, he shall, within 10 days from its submission or expiration of thesaid period, dismiss the case.

b) When he finds probable cause, he shall issue a warrant ofarrest, or a commitment order if the accused had already been arrested, andhold him for trial.

c) If the judge is satisfied that there is no necessity for placing theaccused under custody, he may issue summons instead of a warrant ofarrest

ARREST (RULE 112)

An arrest is made by

1. an actual restraint of a person to be arrested, or2. by his submission to the custody of the person making the arrest.

Procedure in execution of arrest warrants

1. The head of the office to whom the warrant of arrest was delivered forexecution shall cause the warrant to be executed within 10 days fromits receipt.

2. Within 10 days after the expiration of the period, the officer to whom itwas assigned for execution shall make a report to the judge whoissued the warrant.

1. If warrant was executed

1) the officer executing the warrant should arrest the accused and deliverhim to the nearest police station or jail without unnecessary delay.


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2) No violence or unnecessary force shall be used in making an arrest.

3) The person arrested shall not be subject to a greater restraint than isnecessary for his detention.

4) arrest may be made on any day and at any time of the day or night.

1. If there was failure to execute the warrant the officer to whom it wasassigned for execution shall state the reasons therefore in his report

Instances of warrantless arrests a peace officer or a private personmay, without a warrant, arrest a person

1. When, in his presence, the person to be arrested1. has committed2. is actually committing, or

3. is attempting to commit an offense;4. When

1. an offense has just been committed and2. he has probable cause to believe, based on personal

knowledge of facts or circumstances, that the person to bearrested has committed it

5. When the person to be arrested is a prisoner who has escaped1. from a penal establishment or place where he is

1) serving final judgment or

2) temporarily confined while his case is pending

1. while being transferred from one confinement to another.2. who escapes or rescued after being lawfully arrested (Rule 113, Sec.

13);3. released on bail if he attempts to depart from the Philippines without

leave of court

BAIL (RULE 114)

Bail the security given for the release of a person in custody of the law,furnished by him or a bondsman, to guarantee his appearance before anycourt

Bail may be given in the form of corporate surety, property bond, cashdeposit, or recognizance


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All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled,shall remain in force at all stages of the case until promulgation of thejudgment of the Regional Trial Court, irrespective of whether the case was

originally filed in or appealed to it;

(b) The accused shall appear before the proper courts whenever required bythe court or these Rules;

(c) The failure of the accused to appear at the trial without justification anddespite due notice shall be deemed a waiver of his right to be presentthereat. In such case, the trial may proceed in absentia; and

(d) The bondsman shall surrender the accused to the court for execution ofthe final judgment.

The original papers shall state the full name and address of the accused, theamount of the undertaking and the conditions required by this section.Photographs (passport size) taken within the last six (6) months showing theface, left and right profiles of the accused must be attached to the bail.

Bail, a matter of right; exception. - All persons in custody shall beadmitted to bail as a matter of right, with sufficient sureties, or released onrecognizance as prescribed by law or this Rule (a) before or after convictionby the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court inCities, or Municipal Circuit Trial Court, and (b) before conviction by the

Regional Trial Court of an offense not punishable by death, reclusionperpetua, or life imprisonment

The Constitutional right to bail ceases upon initial conviction. Pendingappeal, the right to bail is merely statutory. motion of any party, review theresolution of the Regional Trial Court after notice to the adverse party ineither case.

No person charged with a capital offense, or an offense punishable byreclusion perpetua or life imprisonment, shall be admitted to bail whenevidence of guilt is strong, regardless of the stage of the criminal

prosecution.

Bail, when discretionary. Upon conviction by the Regional Trial Court ofan offense not punishable by death, reclusion perpetua, or life imprisonment,admission to bail is discretionary. The application for bail may be filed andacted upon by the trial court despite the filing of a notice of appeal, providedit has not transmitted the original record to the appellate court. However, ifthe decision of the trial court convicting the accused changed the nature of


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the offense from non-bailable to bailable, the application for bail can only befiled with and resolved by the appellate court.

Should the court grant the application, the accused may be allowed tocontinue on provisional liberty during the pendency of the appeal under the

same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6)years, the accused shall be denied bail, or his bail shall be cancelled upon ashowing by the prosecution, with notice to the accused, of the following orother similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or hascommitted the crime aggravated by the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded

sentence, or violated the conditions of his bail without valid justification;

(c) That he committed the offense while under probation, parole, or underconditional pardon;

(d) That the circumstances of his case indicate the probability of flight ifreleased on bail; or

(e) That there is undue risk that he may commit another crime during thependency of the appeal.

The appellate court may, motu proprio or on

RIGHTS OF THE ACCUSED (RULE 115)

Rights of accused at the trial

1. to be presumed innocent until the contrary is proved beyondreasonable doubt.

2. to be informed of the nature and cause of the accusation against him.

3. to be present and defend in person and by counsel at every stage ofthe proceedings, from arraignment to promulgation of the judgment.

1. The accused may waive his presence at the trial, unless hispresence is specifically ordered by the court for purposes ofidentification.

2. The absence of the accused without any justifiable cause at thetrial of which he had notice shall be considered a waiver of hisright to be present thereat.


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3. When an accused under custody escapes, he shall be deemed tohave waived his right to be present on all subsequent trial datesuntil custody over him is regained.

4. Upon motion, to defend himself in person when it sufficientlyappears to the court that he can properly protect his rights

without the assistance of counsel.5. to testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. Hissilence shall not in any manner prejudice him;

6. to be exempt from being compelled to be a witness againsthimself.

7. to confront and cross-examine the witnesses against him at thetrial. Either party may utilize as part of its evidence

1. the testimony of a witness who is

1) deceased,

2) out of or cannot with due diligence be found in the Philippines,

3) unavailable, or

4) otherwise unable to testify,

1. given in another case or proceeding, judicial or administrative

1) involving the same parties and subject matter

2) the adverse party having the opportunity to cross-examine him.

1. to have compulsory process issued to secure the attendance ofwitnesses and production of other evidence in his behalf.

2. to have speedy, impartial and public trial.3. to appeal in all cases allowed and in the manner prescribed by law

ARRAINGMENT AND PLES (RULE 116)

When arraignment conducted

1. if the accused is under preventive detention1. his case shall be raffled and its records transmitted to the judge

to whom the case was raffled within 3 days from the filing of theinformation or complaint

2. arraigned within 10 days from the date of the raffle


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3. pre-trial conference shall be held within 10 days afterarraignment.

4. if the accused is not under preventive detention1. the arraignment shall be held within 30 days from the date

the court acquires jurisdiction over the person of the

accused, unless a shorter period is provided by special lawor SC circular2. the time of the pendency of a motion to quash or for a bill

of particulars or other causes justifying suspension of thearraignment shall be excluded in computing the period.

Procedure for arraignment

1. Before arraignment

1. the court shall inform the accused of his right to counsel and askhim if he desires to have one. The court must assign a counselde oficio to defend him unless the accused (Sec. 6)

1) is allowed to defend himself in person or

2) has employed counsel of his choice

1. Counsel de oficio shall be given a reasonable time to consult with theaccused as to his plea before proceeding with the arraignment. (Sec.

2. accused may move for a bill of particulars which shall specify

1) the alleged defects of the complaint or information and

2) the details desired. (Sec. 9)

1. accused may move for production or inspection of material evidence inpossession of prosecution (Sec. 10)

2. accused may move to suspend the arraignment (Sec. 11)3. made in open court by the judge or clerk of the court where the

complaint or information was filed or assigned for trial1. furnishing the accused with a copy of the complaint or

information2. reading the same in the language or dialect known to him, and3. asking him whether he pleads guilty or not guilty4. accused must be present at the arraignment and must

personally enter his plea.5. When the accused refuses to plead or makes a conditional plea,

a plea of not guilty shall be entered for him.


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6. Both arraignment and plea shall be made of record, but failure todo so shall not affect the validity of the proceedings.

7. The private offended party shall be required to appear at thearraignment for purposes of plea-bargaining, determination ofcivil liability, and other matters requiring his presence.

8. In case of failure of the offended party to appear despite duenotice, the court may allow the accused to enter a plea of guiltyto a lesser offense which is necessarily included in the offensecharged with the conformity of the trial prosecutor alone.

9. The prosecution may call at the trial witnesses other than thosenamed in the complaint or information.

10. When the accused pleads guilty but presents exculpatoryevidence, his plea shall be deemed withdrawn and a plea of notguilty shall be entered for him.

Requisites for a plea of guilty to a lesser offense

1. the lesser offense is necessarily included in the offense charged2. with the consent of the

1. the prosecutor and2. offended party, unless fails to appear at the arraignment3. if after arraignment but before trial withdrawal of his plea of

not guilty; no amendment of the complaint or information isnecessary (Escolin: under the old Rules, accused may not changehis plea after arraignment)

4. if guilty plea is to a capital offense the court shall1. conduct a searching inquiry into

1) the voluntariness and

2) full comprehension of the consequences of his plea

1. shall require the prosecution to prove his guilt and the precise degreeof culpability

2. allow the accused to present evidence in his behalf.

When the accused pleads guilty to a non-capital offense, the court mayreceive evidence from the parties to determine the penalty to be imposed.

Requisites for withdrawal of guilty plea

1. guilty plea was improvident


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2. before the judgment of conviction becomes final3. substituted by a plea of not guilty

When arraignment may be suspended

1. accused appears to be suffering from an unsound mental conditionwhich effectively renders him unable

1. to fully understand the charge against him and2. to plead intelligently thereto3. there exists a prejudicial question; and4. a petition for review of the resolution of the prosecutor is

pending at either the DoJ, or the OP; provided, that the period ofsuspension shall not exceed 60 days counted from the filing ofthe petition with the reviewing office

Note that the new rules now require the civil case be filed before the criminalcase in order for a prejudicial question to exist.

MOTION TO QUASH (RULE 117)

Grounds for a motion to quash an information

1. facts charged do not constitute an offense;

2. court trying the case has no jurisdiction over the offense charged;3. court trying the case has no jurisdiction over the person of the

accused;4. officer who filed the information had no authority to do so;5. it does not conform substantially to the prescribed form;6. more than one offense is charged, except when a single punishment

for various offenses is prescribed by law;7. criminal action or liability has been extinguished;

1. By the death of the convict, as to the personal penalties; as topecuniary penalties, liability therefor is extinguished only whenthe death of the offender occurs before final judgment.

2. By service of the sentence;3. By amnesty, which completely extinguishes the penalty and all

its effects;4. By absolute pardon;5. By prescription of the crime;6. By prescription of the penalty;7. By the marriage of the offended woman in


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1) Seduction

2) abduction or

3) acts of lasciviousness (Art. 344 RPC)

1. it contains averments which, if true, would constitute a legal excuse orjustification; and

2. the accused has been previously convicted or acquitted of the offensecharged, or the case against him was dismissed or otherwiseterminated without his express consent.

Court may order amendment of information if the motion to quash isbased on

1. an alleged defect of the complaint or information which can be curedby amendment

2. the ground that the facts charged do not constitute an offense

The motion to quash shall be granted if the prosecution fails to make theamendment, or the complaint or information still suffers from the samedefect despite the amendment.

GR: If the motion to quash is sustained, the court may order thatanother complaint or information be filed

Exception: The ground for motion to quash is

1. criminal action or liability has been extinguished;2. the accused has been previously convicted or acquitted of the offense

charged, or the case against him was dismissed or otherwiseterminated without his express consent.

If the court quashes the information

1. the accused, if in custody, shall not be discharged1. if the court orders another complaint or information be filed, and

accused has not been admitted to bail2. If no order is made, but the accused is also in custody for

another charge.3. accused shall be discharged if


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1. the court orders another complaint or information be filed,but

1) the accused has been admitted to bail

2) no new information is filed within

a) the time specified in the order or

b) such further time as the court may allow for good cause

1. If no order is made, and the accused is not in custody for anothercharge

Requisites for double jeopardy

1. an accused has been1. convicted or2. acquitted, or3. without his express consent, the case against him was

1) dismissed or

2) otherwise terminated

1. by a court of competent jurisdiction2. upon a valid complaint or information or other formal charge sufficient

in form and substance to sustain a conviction and3. after the accused had pleaded to the charge4. subsequent prosecution for

1. the offense charged, or2. any attempt to commit the same or frustration thereof, or3. any offense which necessarily includes or is necessarily included

in the offense charged in the former complaint or information.

Exceptions to double jeopardy: The conviction of the accused shall not be a

bar to another prosecution for an offense which necessarily includes theoffense charged in the former complaint or information if:

1. the graver offense developed due to supervening facts arising from thesame act or omission constituting the former charge;

2. the facts constituting the graver charge became known or werediscovered only after a plea was entered in the former complaint orinformation; or


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3. the plea of guilty to the lesser offense was made without the consentof the prosecutor and of the offended party, except when the offendedparty fails to appear at the arraignment, in which case the consent ofthe prosecutor alone is enough [Sec 1(f) of Rule 116]

GR: The failure of the accused to assert any ground of a motion to quashbefore he pleads to the complaint or information, either because he did notfile a motion to quash or failed to allege the same in said motion, shall bedeemed a waiver of any objections

Exceptions:

1. the facts charged do not constitute an offense;2. the court trying the case has no jurisdiction over the offense charged;

3. the criminal action or liability has been extinguished;4. the accused has been previously convicted or acquitted of the offense

charged, or the case against him was dismissed or otherwiseterminated without his express consent

de Leon: Extinguishment of criminal liability or action and double jeopardyare not waived by failure to raise in a motion to quash, and are also bars torefiling of the information or complaint. Though the ground of failure tocharge an offense or no jurisdiction over subject matter may be raised at anytime, it is not a bar to refiling of the information.

PRE-TRIAL (RULE 118)

Civil Pre-trial Criminal Pre-trial

Presence of defendant and counselmandatory

Accused need not be present, buthis counsel must be present,otherwise he may be sanctioned

Amicable settlement is discussed Amicable settlement is notdiscussed, unless the criminal caseis covered by summary procedure

Agreement need not be in writing;included in pre-trial order

Agreements or admissions must bewritten and signed by the accusedand counsel to be admissibleagainst him.

Can have proffer of evidence No proffer of evidence; proffer of


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evidence only after trial

Pre-trial is now mandatory in all criminal cases

1. after arraignment, the court shall order a pre-trial conference1. within 30 days from the date the court acquires jurisdiction over

the person of the accused2. unless a shorter period is provided for in special laws or circulars

of the Supreme Court3. matters considered in pre-trial

1. plea bargaining;2. stipulation of facts;3. marking for identification of evidence of the parties;4. waiver of objections to admissibility of evidence;

5. modification of the order of trial if the accused admits thecharge but interposes a lawful defense; and

6. such matters as will promote a fair and expeditious trial ofthe criminal and civil aspects of the case.

TRIAL (RULE 119)

After a plea of not guilty is entered, the accused shall have at least fifteen(15) days to prepare for trial. The trial shall commence within thirty (30) daysfrom receipt of the pre-trial order.

Periods of delay excluded in computing the time within which trialmust commence

1. resulting from other proceedings concerning the accused, e.g.1. examination of the physical and mental condition of the accused;2. proceedings with respect to other criminal charges against the

accused;3. extraordinary remedies against interlocutory orders;4. pre-trial proceedings; provided, that the delay does not exceed

30 days;5. orders of inhibition


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6. proceedings relating to change of venue of cases or transferfrom other courts;

7. finding of existence of a prejudicial question; and8. reasonably attributable to any period, not to exceed 30 days,

during which any proceeding concerning the accused is actually

under advisement.9. resulting from an essential witness1. absence

1) his whereabouts are unknown or

2) his whereabouts cannot be determined by due diligence

1. unavailability his whereabouts are known but his presence for trialcannot be obtained by due diligence.

2. resulting from the mental incompetence or physical inability of the

accused to stand trial.3. from the date the charge was dismissed upon motion of the

prosecution, to the date the time limitation would commence to run asto a subsequent charge had there been no previous charge

4. A reasonable period of delay when the accused is joined for trial with aco-accused

1. over whom the court has not acquired jurisdiction, or2. as to whom the time for trial has not run and no motion for

separate trial has been granted.3. resulting from a continuance granted by any court on the ground

that the ends of justice served by taking such action outweigh

the best interest of the public and the accused in a speedy trial1. motu proprio, or2. on motion of

1) either the accused or his counsel, or

2) the prosecution

Trial schedule

1. after consultation with the prosecutor and defense counsel, the courtshall set the case for continuous trial on a weekly or other short-termtrial calendar at the earliest possible time so as to ensure speedy trial.

2. In no case shall the entire trial period exceed 180 days from the firstday of trial, except as otherwise authorized by the Supreme Court.


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3. Trial once commenced shall continue from day to day as far aspracticable until terminated. It may be postponed for a reasonableperiod of time for good cause.

4. The time limitations provided under this section and the precedingsection shall not apply where special laws or circulars of the Supreme

Court provide for a shorter period of trial.

If the accused is not brought to trial within the time limit

1. the information may be dismissed on motion of the accused on theground of denial of his right to speedy trial

2. accused shall have the burden of proving the motion3. the prosecution shall have the burden of going forward with the

evidence to establish the exclusion of time

4. The dismissal shall be subject to the rules on double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute awaiver of such ground to dismiss.

Order of trial (When the accused admits the act or omission charged in thecomplaint or information but interposes a lawful defense, the order of trialmay be modified)

1. prosecution shall present evidence to prove the charge and, in theproper case, the civil liability.

2. accused may present evidence to prove his defense and damages, ifany, arising, from the issuance of a provisional remedy in the case.

3. prosecution and the defense may, in that order, present rebuttal andsur-rebuttal evidence unless the court, in furtherance of justice,permits them to present additional evidence bearing upon the mainissue.

4. Upon admission of evidence of the parties, the case shall be deemedsubmitted for decision unless the court directs them to argue orally orto submit written memoranda.

Requisites for state witness

1. absolute necessity for the testimony2. no other direct evidence available3. the testimony can be substantially corroborated in its material points;


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4. the said accused does not appear to be the most guilty; and5. the said accused has not at any time been convicted of any offense

involving moral turpitude.

Demurrer to Evidence in Criminal

Cases

Demurrer to Evidence in Civil Cases

ground is: Insufficient evidence Ground is: Facts and law shown byplaintiff no right to relief

On motion or motu proprio On motion

When motion is filed without leaveof court waiver of right to presentevidence; If with leave of court, theaccused may adduce evidence inhis defense

If denied he has right to presentevidence, no prior leave of courtrequired

If granted but reversed on appeal it is a waiver of the right to present

evidence

JUDGMENT (RULE 120)

Judgment the adjudication by the court that the accused is guilty or notguilty of the offense charged and the imposition on him of the proper penaltyand civil liability, if any.

Form of judgment

1. written in the official language

2. personally and directly prepared by the judge3. signed by him4. contain clearly and distinctly a statement of the facts and the law upon

which it is based

Contents of the judgment

1. If of conviction1. the legal qualification of the offense constituted by the acts

committed by the accused and the aggravating or mitigatingcircumstances which attended its commission

2. the participation of the accused in the offense, whether asprincipal, accomplice, or accessory

3. the penalty imposed upon the accused; and4. the civil liability or damages caused by his wrongful act or

omission to be recovered from the accused by the offendedparty, if there is any, unless the enforcement of the civil liabilityby a separate civil action has been reserved or waived.

5. If of acquittal


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1. whether the evidence of the prosecution

1) absolutely failed to prove the guilt of the accused or

2) merely failed to prove his guilt beyond reasonable doubt

1. In either case, the judgment shall determine if the act or omission fromwhich the civil liability might arise did not exist.

An offense is said to necessarily include another if the essential elements oringredients of the former constitute the latter.

An offense is said to be necessarily included in another if the essentialelements or ingredients of the former constitute or form part of those

constituting the latter.

NEW TRIAL OR RECONSIDERATION (RULE 121)

MNT or MfR in Criminal Cases MNT or MfR in Civil Cases

Either on motion of accused, or thecourt motu proprio with consent of

the accused

Must be upon motion of a party,cant be motu proprio

Grounds for MNT errors of law orirregularities committed during thetrial, or newly discovered evidence

Grounds for MNT FAME, or newlydiscovered evidence

Ground for MfR error of law orfact

Grounds for MfR Excessivedamages, insufficient evidence, ordecision is contrary to law

Filed any time before judgment ofconviction becomes final

Filed within the period for taking anappeal

Should include all the grounds then

available and those not so includedshall be deemed waived.

When granted, the original judgment is always set aside orvacated and a new judgmentrendered

There may be partial grant

2nd MfR not allowed; 2nd MNT may


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be allowed on evidence notavailable before

APPEAL (RULE 122)

The only instances when an appeal to the SC is by notice of appeal

1. the penalty imposed is reclusion perpetua, or life imprisonment, or2. where a lesser penalty is imposed but for offenses committed on the

same occasion or which arose out of the same occurrence that gaverise to the more serious offense for which the penalty of death,reclusion perpetua, or life imprisonment is imposed

Notwithstanding perfection of the appeal, the RTC and the inferior courtsmay allow the appellant to withdraw his appeal before the record has beenforwarded by the clerk of court to the proper appellate court, in which casethe judgment shall become final.

The RTC may also, in its discretion, allow the appellant from the judgment ofan inferior court to withdraw his appeal, provided a motion to that effect isfiled before rendition of the judgment in the case on appeal, in which casethe judgment of the court of origin shall become final and the case shall beremanded to the latter court for execution of the judgment.

SEARCH AND SEIZURE (RULE 126)

A search warrant is an order in writing issued in the name of the People ofthe Philippines, signed by a judge and directed to a peace officer,commanding him to search for personal property described therein and bringit before the court.

Court where application for search warrant shall be filed

1. if the criminal action has already been filed, the application shall onlybe made in the court where the criminal action is pending.

2. any court within whose territorial jurisdiction a crime was committed.3. For compelling reasons stated in the application, any court within the

judicial region


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1. where the crime was committed, if the place of the commissionof the crime is known, or

2. where the warrant shall be enforced.

Requisites for issuing search warrant A search warrant shall not issue

except upon

1. probable cause2. in connection with one specific offense3. determined personally by the judge4. after examination under oath or affirmation of the complainant and the

witness he may produce, and5. particularly describing the place to be searched and the things to be

seized

Requisites for arrest warrant issued by a RTC judge

1. Within 10 days from the filing of the complaint or information2. the judge shall personally evaluate the resolution of the prosecutor and

its supporting evidence.3. If he finds probable cause, he shall issue a warrant of arrest4. In case of doubt on the existence of probable cause

1. the judge may order the prosecutor to present additionalevidence within 5 days from notice and

2. the issue must be resolved by the court within 30 days from thefiling of the complaint of information.

A search warrant shall be valid for 10 days from its date. Thereafter, it shallbe void.

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