Posted by: Elmer Brabante | October 1, 2009

Remedial Law Reviewer: Criminal Procedure


RULES OF CRIMINAL PROCEDURE 

Criminal Jurisdiction of Inferior Courts

  1. violations of city or municipal ordinances committed within their respective territorial jurisdiction; and
  2. offenses punishable with imprisonment not exceeding 6 years irrespective of the
    1. amount of fine
    2. other imposable accessory or other penalties
    3. civil liability arising from such offenses or predicated thereon, irrespective of kind, nature, value or amount thereof
    4. 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US v. Bernardo, 19 Phil 265 (1911) – repealed by Legados case; Inferior courts have no jurisdiction to over crimes that may require sentencing the accused to support the offspring from the crime, even if the period of imprisonment is within the jurisdiction of the inferior court.

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

Jurisdiction of the Sandiganbayan 

  1. violations of the Anti-Graft and Corrupt Practices Act, Bribery under the RPC, forfeiture of properties unlawfully acquired by public officers, where one or more of the accused are officials occupying the following positions in the government, whether in a permanent, acting or interim capacity, at the time of the commission of the offense:
    1. Officials of the executive branch occupying the positions of regional director and higher, otherwise classified as Grade ’27’ and higher, specifically including:

1)      Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial treasurers, assessors, engineers, and other city department heads;

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

3)      Officials of the diplomatic service occupying the position of consul and higher;

4)      Philippine army and air force colonels, naval captains, and all officers of higher rank;

5)      Officers of the PNP while occupying the position of provincial director and those holding the rank of senior superintended or higher;

6)      City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and special prosecutor;

7)      Presidents, directors or trustees, or managers of GOCCs, state universities or educational institutions or foundations.

  1. Members of Congress and officials thereof classified as Grade ’27’ and higher
  2. Members of the judiciary without prejudice to the provisions of the Constitution;
  3. Chairmen and members of Constitutional Commission, without prejudice to the provisions of the Constitution; and
  4. All other national and local officials classified as Grade ’27’ and higher.
  5. Other offenses of felonies whether simple or complexed with other crimes committed by the public officials and employees mentioned in subsection a of this section in relation to their office.
  6. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

 

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein provided.

The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar nature, including quo warranto, Provided, That the jurisdiction over these petitions shall not be exclusive of the Supreme Court. 

[RULE 110] Criminal actions shall be instituted as follows: 

(a)  For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

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

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

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

Exceptions:

  1. to afford adequate protection to the constitutional rights of the accused
  2. when necessary for the orderly administration of justice or to avoid oppression or multiplicity of actions
  3. when there is a pre-judicial question which is sub judice
  4. when the acts of the officer are without or in excess of authority
  5. where the prosecution is under an invalid law, ordinance or regulation
  6. when double jeopardy is clearly apparent
  7. where the court has no jurisdiction over the offense
  8. where it is a case of persecution rather than prosecution
  9. where the charges are manifestly false and motivated by the lust for vengeance
  10. when there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied
  11. to prevent the threatened unlawful arrest of petitioners

 

Complaint

Information

Sworn statement                                     Need not be sworn
Signed by the offended party, peace officer, or public officer charged with the enforcement of the law violated Signed by the prosecutor  [Abela v. Golez, 131 SCRA 12]

 

When public prosecutor participation is not enough (private offenses)

  1. adultery
  2. concubinage
  3. seduction
  4. abduction
  5. acts of lasciviousness
  6. defamation which consists in the imputation of private offenses 

Note that rape is no longer a private offense. It may now be prosecuted even without the initiation of the victim or her relatives. 

Special rules for prosecution of private offenses

  1. adultery and concubinage
    1. 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 parties
    4. seduction, abduction, and acts of lasciviousness
      1. complaint filed by

1)      the offended party independently, unless she is incompetent or incapable

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 file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.
  2. the offender has not been expressly pardoned by any of them
  3. 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 of the offended parties only in seduction, abduction and acts of lasciviousness. In adultery, concubinage, and defamation, the State can not file a case without a complaint by the offended party. 

Designation of the offense

  1. Either
    1. designation of the offense given by the statute, or
    2. if there is no designation, reference to the section or subsection of the statute punishing it
    3. aver the acts or omissions constituting the offense
    4. specify its qualifying and aggravating circumstances.  

Cause of the accusation – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances

  1. must be stated in ordinary and concise language
  2. not necessarily in the language used in the statute
  3. 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 essential ingredients occurred at some place within the jurisdiction of the court is sufficient.

Exceptions: the particular place where it was committed constitutes

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

People v. Mabuyo, 63 SCRA 532 (1975) Unless place of commission is an essential element of the crime, the accused may be convicted of a crime committed in a place other than the place alleged in the information, as long as 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 7 years (1977-1983). He moves to quash on the ground that the information violated his right to be informed.

Held: A variance of several years in the allegations of the complaint is fatally defective 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. 

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

  1. his name and surname, or
  2. any appellation or nickname by which such person has been or is known, or
  3. if the name of the offended party is unknown
    1. a fictitious name; if true name subsequently ascertained, the true name shall be inserted in the complaint or information and record
    2. In offenses against property, the property must be described with such particularity as to properly identify the offense.
    3. averment that offended party is a juridical person or that it is organized in accordance with law is not necessary  

Amendments

  1. before accused enters his plea
    1. as to anything which does not downgrade the charge or exclude any accused – without leave of court
    2. 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 judgment
    1. 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 the trial. 

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

 

Venue

  1. the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred.
  2. if committed on board a vessel in the course of its voyage – the court of
    1. the first port of entry or
    2. any municipality or territory where the vessel passed during such voyage
    3. 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 where the criminal action is first filed.

 

RULE 111 – PROSECUTION OF CIVIL ACTION 

Note that the provision requiring reservation of independent civil actions no longer exists.

GR: Civil action deemed instituted with the criminal action.

Exceptions: the offended party

  1. waives the civil action
  2. reserves his right to institute it separately
    1. before the prosecution starts presenting its evidence and
    2. under circumstances affording the offended party a reasonable opportunity to make such reservation  
    3. 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 of BP 22 shall be deemed to include the corresponding civil action.
  2. cases before the Sandiganbayan (Sec. 4, RA 8249) 

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

 

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

  1. it may be consolidated with the criminal action upon application with the court trying the criminal case
  2. If the application is granted, the trial of both actions shall as consolidated the civil and criminal actions.

Filing fees over

  1. moral, nominal, temperate or exemplary damages
    1. specified in the complaint or information – paid upon filing
    2. 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 action cannot be instituted until final judgment has been entered in the criminal action.
  2. If the criminal action is filed after the separate civil action has already been instituted –
    1. civil action suspended, in whatever stage it may be found before judgment on the merits, until final judgment (de Leon: not after judgment is entered?) is rendered in the criminal action.
    2. civil action may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action

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

2)      without prejudice to the right of

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

b)                  [de Leon: why in the world would the prosecution cross-examine the witnesses of the offended party? Aren’t 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 decided jointly.

  1. During the pendency of the criminal action, the running of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.
  2. GR: The extinction of the penal action does not carry with it extinction of the civil action.
  3. Exception: there is a finding in a final judgment in the criminal action that 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 whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be 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 on Summary Procedure

  1. If filed with the prosecutor
    1. the procedure outlined in section 3(a) of Rule 112 shall be observed
    2. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filing.
    3. If filed with the MTC, for an offense covered by this section
      1. the procedure in section 3(a) of Rule 112 shall be observed
      2. If within 10 days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence or after personally examining in writing and under oath the complainant and his 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 from notice, to determine further the existence of probable cause.

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

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

c)                  If 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

 

ARREST (RULE 112) 

An arrest is made by

  1. an actual restraint of a person to be arrested, or
  2. 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 for execution shall cause the warrant to be executed within 10 days from its receipt.
  2. Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.
    1. If warrant was executed

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

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 is necessary 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 was assigned for execution shall state the reasons therefore in his report 

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

  1. When, in his presence, the person to be arrested
    1. has committed
    2. is actually committing, or
    3. is attempting to commit an offense;
    4. When
      1. an offense has just been committed and
      2. he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it
    5. When the person to be arrested is a prisoner who has escaped
      1. 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 any court

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

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 the judgment 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 by the court or these Rules;

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

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

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

Bail, a matter of right; exception. - All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment 

The Constitutional right to bail ceases upon initial conviction. Pending appeal, the right to bail is merely statutory. motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case. 

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the criminal prosecution.

Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court convicting the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

Should the court grant the application, the accused may be allowed to continue 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 a showing by the prosecution, with notice to the accused, of the following or other similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed 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 under 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.

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 beyond reasonable 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 of the proceedings, from arraignment to promulgation of the judgment.
    1. The accused may waive his presence at the trial, unless his presence is specifically ordered by the court for purposes of identification.
    2. The absence of the accused without any justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be present thereat.
    3. When an accused under custody escapes, he shall be deemed to have waived his right to be present on all subsequent trial dates until custody over him is regained.
    4. Upon motion, to defend himself in person when it sufficiently appears 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. His silence shall not in any manner prejudice him;
    6. to be exempt from being compelled to be a witness against himself. 
    7. to confront and cross-examine the witnesses against him at the trial. 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 of witnesses 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 detention
    1. 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 the information or complaint
    2. arraigned within 10 days from the date of the raffle
    3. pre-trial conference shall be held within 10 days after arraignment.
    4. if the accused is not under preventive detention
      1. 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 law or SC circular
      2. the time of the pendency of a motion to quash or for a bill of particulars or other causes justifying suspension of the arraignment 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 ask him if he desires to have one. The court must assign a counsel de 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 the accused as to his plea before proceeding with the arraignment. (Sec. 8)
  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 in possession 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 trial
    1. furnishing the accused with a copy of the complaint or information
    2. reading the same in the language or dialect known to him, and
    3. asking him whether he pleads guilty or not guilty
    4. 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.
    6. Both arraignment and plea shall be made of record, but failure to do so shall not affect the validity of the proceedings.
    7. The private offended party shall be required to appear at the arraignment for purposes of plea-bargaining, determination of civil liability, and other matters requiring his presence.
    8. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone.
    9. The prosecution may call at the trial witnesses other than those named in the complaint or information.
    10. When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of not guilty 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 charged
  2. with the consent of the
    1. the prosecutor and
    2. offended party, unless fails to appear at the arraignment
    3. if after arraignment but before trial – withdrawal of his plea of not guilty; no amendment of the complaint or information is necessary (Escolin: under the old Rules, accused may not change his plea after arraignment)
    4. if guilty plea is to a capital offense – the court shall
      1. 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 degree of culpability
  2. allow the accused to present evidence in his behalf. 

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

 

Requisites for withdrawal of guilty plea

  1. guilty plea was improvident
  2. before the judgment of conviction becomes final
  3. substituted by a plea of not guilty

 

When arraignment may be suspended

  1. accused appears to be suffering from an unsound mental condition which effectively renders him unable
    1. to fully understand the charge against him and
    2. to plead intelligently thereto
    3. there exists a prejudicial question; and
    4. a petition for review of the resolution of the prosecutor is pending at either the DoJ, or the OP; provided, that the period of suspension shall not exceed 60 days counted from the filing of the petition with the reviewing office

Note that the new rules now require the civil case be filed before the criminal case 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 to pecuniary penalties, liability therefor is extinguished only when the 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

1)      Seduction

2)      abduction or

3)      acts of lasciviousness (Art. 344 RPC)

  1. it contains averments which, if true, would constitute a legal excuse or justification; and
  2. 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.

 

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

  1. an alleged defect of the complaint or information which can be cured by 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 the amendment, or the complaint or information still suffers from the same defect despite the amendment.

 

GR: If the motion to quash is sustained, the court may order that another 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 otherwise terminated without his express consent.

If the court quashes the information

  1. the accused, if in custody, shall not be discharged
    1. if the court orders another complaint or information be filed, and accused has not been admitted to bail
    2. If no order is made, but the accused is also in custody for another charge.
    3. accused shall be discharged if
      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 another charge

 

Requisites for double jeopardy

  1. an accused has been
    1. convicted or
    2. acquitted, or
    3. without his express consent, the case against him was

1)      dismissed or

2)      otherwise terminated

  1. by a court of competent jurisdiction
  2. upon a valid complaint or information or other formal charge sufficient in form and substance to sustain a conviction and
  3. after the accused had pleaded to the charge
  4. subsequent prosecution for
    1. the offense charged, or
    2. any attempt to commit the same or frustration thereof, or
    3. 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 the offense charged in the former complaint or information if:

  1. the graver offense developed due to supervening facts arising from the same act or omission constituting the former charge;
  2. the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; or
  3. the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the offended party, except when the offended party fails to appear at the arraignment, in which case the consent of the prosecutor alone is enough [Sec 1(f) of Rule 116]

 

GR: The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint or information, either because he did not file a motion to quash or failed to allege the same in said motion, shall be deemed 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 otherwise terminated without his express consent

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

 

PRE-TRIAL (RULE 118)

 

Civil Pre-trial

Criminal Pre-trial

Presence of defendant and counsel mandatory Accused need not be present, but his counsel must be present, otherwise he may be sanctioned
Amicable settlement is discussed Amicable settlement is not discussed, unless the criminal case is covered by summary procedure
Agreement need not be in writing; included in pre-trial order Agreements or admissions must be written and signed by the accused and counsel to be admissible against him.
Can have proffer of evidence No proffer of evidence; proffer of evidence only after trial

 

Pre-trial is now mandatory in all criminal cases

  1. after arraignment, the court shall order a pre-trial conference
    1. within 30 days from the date the court acquires jurisdiction over the person of the accused
    2. unless a shorter period is provided for in special laws or circulars of the Supreme Court
    3. 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 the charge but interposes a lawful defense; and
      6. such matters as will promote a fair and expeditious trial of the 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) days from receipt of the pre-trial order.

 

Periods of delay excluded in computing the time within which trial must 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
    6. proceedings relating to change of venue of cases or transfer from other courts;
    7. finding of existence of a prejudicial question; and
    8. 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 witness’
      1. 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 trial cannot 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 as to a subsequent charge had there been no previous charge
  4. A reasonable period of delay when the accused is joined for trial with a co-accused
    1. over whom the court has not acquired jurisdiction, or
    2. 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 trial
      1. motu proprio, or
      2. 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 court shall set the case for continuous trial on a weekly or other short-term trial 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 first day of trial, except as otherwise authorized by the Supreme Court.
  3. Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause.
  4. The time limitations provided under this section and the preceding section 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 the ground of denial of his right to speedy trial
  2. accused shall have the burden of proving the motion
  3. 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 a waiver of such ground to dismiss.

 

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

  1. prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
  2. accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case.
  3. prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
  4. Upon admission of 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.

 

Requisites for state witness

  1. absolute necessity for the testimony
  2. no other direct evidence available
  3. the testimony can be substantially corroborated in its material points;
  4. the said accused does not appear to be the most guilty; and
  5. 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 by plaintiff no right to relief
On motion or motu proprio On motion
When motion is filed without leave of court – waiver of right to present evidence; If with leave of court, the accused may adduce evidence in his defense If denied – he has right to present evidence, no prior leave of court required

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 not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any.

Form of judgment

  1. written in the official language
  2. personally and directly prepared by the judge
  3. signed by him
  4. contain clearly and distinctly a statement of the facts and the law upon which it is based  

Contents of the judgment

  1. If of conviction
    1. the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission
    2. the participation of the accused in the offense, whether as principal, accomplice, or accessory
    3. the penalty imposed upon the accused; and
    4. the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived.
    5. If of acquittal
      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 from which the civil liability might arise did not exist.

 

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

An offense is said to be necessarily included in another if the essential elements 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 the court motu proprio with consent of the accused Must be upon motion of a party, can’t be motu proprio
Grounds for MNT – errors of law or irregularities committed during the trial, or newly discovered evidence Grounds for MNT – FAME, or newly discovered evidence
Ground for MfR – error of law or fact Grounds for MfR – Excessive damages, insufficient evidence, or decision is contrary to law
Filed any time before judgment of conviction becomes final Filed within the period for taking an appeal
  Should include all the grounds then available and those not so included shall be deemed waived.
When granted, the original judgment is always set aside or vacated and a new judgment rendered There may be partial grant
  2nd MfR not allowed; 2nd MNT may be allowed on evidence not available 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, or
  2. where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise 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 courts may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court, in which case the judgment shall become final.

The RTC may also, in its discretion, allow the appellant from the judgment of an inferior court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded 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 of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court. 

Court where application for search warrant shall be filed

  1. if the criminal action has already been filed, the application shall only be 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
    1. where the crime was committed, if the place of the commission of 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 cause
  2. in connection with one specific offense
  3. determined personally by the judge
  4. after examination under oath or affirmation of the complainant and the witness he may produce, and
  5. 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 information
  2. 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 arrest
  4. In case of doubt on the existence of probable cause
    1. the judge may order the prosecutor to present additional evidence within 5 days from notice and
    2. the issue must be resolved by the court within 30 days from the filing of the complaint of information. 

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

 

 

About these ads

Responses

  1. - thank you for your generosity-

  2. Hi! I have this friend who happened to have a sexual intercourse with a guy who is currently married. In any case his wife will file an adultery to my friend what will happen? Does my friend going to jail? Is it bailable? By how much? Thanks.. I want to help my friend…. Hope you can respond to my email

  3. thank you atty. elmer for posting that review, hope to have more. godbless!!!

  4. thanks a lot… God be with you always

  5. Thanks so much atty. for this reviewer. God Bless


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Categories

Follow

Get every new post delivered to your Inbox.

Join 224 other followers

%d bloggers like this: