CRIMINAL PROCEDURE DAY 1 20 JAN 2011 Definitions: Criminal Law Criminal Action Criminal Procedure Jurisdiction in Criminal Cases

What are the elements? a. J over the subject matter on the nature of the offense in certain cases, this is really a crucial role. e.g. violation on RA 3019 its in the SB (the nature if the offense determines jurisdiction b. territorial jurisdiction c. complaint initiated by the offended party e.g. private offenses d. Juridiction over the accused How do you determine the territorial jurisdiction of the court? Geographical area over which the court can exercise the jurisdiction Exceptions: 1. Transfer of venue to avoid miscarriage 2. When the law provides that it be tried in a particular place 3. R110, sec. 15 (b and c) offenses committed in the course of a train etc (not a continuing crime); on board of the vessel, outside the Philippines but punishable under article 2 If he questions the validity of the arrest, you cannot put him in jail!

Which of the following affects the jurisdiction of the court? Accessory penalty does not affect Subsidiary imprisonment does not affect because it is not a principal penalty, the rule is that J is determined on the PENALTY IMPOSABLE (not the one actually imposed) Additional penalties does not affect Habitual delinquency should be taken into account because you have to allege this in the information

How do you determine jurisdiction with regard to complex crime? Determine by the more serious penalty for the more serious offenseforming part of the complex crime

What if the offense is destierro? MTC because lower than arresto mayor

Take note of the jurisdiction of the courts Those that already fall within the first level courts (VAWC, etc) Memorize J of SB (because there are case that fall within RTC)

What about civil liability, will it affect the jurisdiction of the court? No! Irrespective of the liability Example: Reckless imprudence resulting to damage to property amount will not matter Damage to property through criminal negligence, MTC has exclusive original jurisdiction

How are criminal actions instituted? When preliminary investigation is required, file with the Office of the Prosecutor. P.I. is required when the penalty imposable is at least 4 years 2 months 1 day regardless of the fine. In Metro Manila and other chartered cites, file with Prosecutor, but P.I. will not be conducted. Institution suspends the running of prescriptive period. o Prescriptive period begins from commission. o If the time of commission is unknown, when do you reckon the period of prescription? UPON DISCOVERY of the offense. Either through the filing with prosecutor or court

How do you determine the jurisdiction over the subject matter is determined? In the complaint or in the information

What law will determine whether the court has jurisdiction? At the time institution of the crime

When will be the time of commission of the offense important? Prescription of the offenses (not of the penalty)

How does the court acquire jurisdiction over the person of the accused? Two ways: a. Arrested b. Voluntary surrenders/arrested (Tullao v. Miranda)

What is a complaint? May have two meanings. The one filed in the Office of the Prosecutor. The Affidavit-Complaint. It may also be the complaint filed in the court in private offenses. The filing of the information is a mere superfluity since it is not required. What is an information? In whose name would be the prosecution be? In the name of the people. Not in the name of the Republic (occurs in civil cases, forfeiture proceedings) Since it is a breach of the order and security of the state.

When can he avail of the remedy?

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

Against who? All persons who appears to be responsible Who determines who should be prosecuted? The prosecutor. Rule 112, sec 2. Who may conduct P.I.? This is even if no P.I. is required. Other officers includes, Ombudsman, COMELEC, depending on the law violated A, B, C, D, are charged for a crime. After P.I. the finding of the prosecutor is that all are equally liable. HOWEVER, the fiscal decided to charge only A, B, C. Is this proper? No, he must file information against all those who appear to be liable. He already lost discretion since he has already determined who appears to be liable in the P.I. Could he say that D was not charged because he will be made a state witness? No, because Rule 119. Discharge of the accused to be a state witness. What is the remedy of A,B, and C for the wrongful exclusion of D? File for mandamus. If they do not object, is the testimony of D admissible against the accused? YES, because the choice of the witnesses is with the prosecutor and not with the accused. o Example, Estrada was charged with Plunder. Chavit Singson (a co-conspirator) was one of the witnesses of the State. Admitted by the court Can a criminal case be commenced against a corporation? NO, as a general rule. HOWEVER, under special laws (like violation of SEC Rules), they can be made to pay fine which in effect is a criminal penalty. TAKE NOTE: Violation of B.P. 22, the extent of liability of corporations for crimes committed by their officers. Criminal complaint unsigned by the complainant? This is only a matter of form, not jurisdictional. How about if it is not under oath? No, not prejudicial to the rights of the accused and a mere defect in form. Right to file a criminal complaint? Is it transmitted to the heirs? No. Since the right is personal to the offended party. Who may commence criminal actions? Prosecutor In case of private offense, the offended party Peace officer Public officer charged with the enforcement of the law

Distinguish pardon in Adultery and Concubinage and in Acts of Lasciviousness o In Adultery, pardon may be express or implied o In Seduction, Abduction, Acts of Last Viciousness, it must only be express. Supposing at the time of the commission, the victim is minor. At the time of institution, she is already of age. Who should file? o The offended party only o Except, if the minor is incapacitated. If minor fails to file, who may file o Father o Mother o Grandparents o Guardian Legal Ad litem Judicial Interpreted as one who is judicially appointed. If it is filed by a person who claims to be a guardian, the burden is on the accused to prove that the same What if filed by the prosecutor without the complaint of the offended party. Dismiss. The complaint is jurisdictional What if filed by prosec at the instance of the offended party? No, there must still be a complaint What if the private offense is complexed with public offenses? Public prosecutor may file it. Sabi ng offended, Rape by force. Sabi ng prosec, Rape by deprivation of reason. Daniel Smith case. Acquitted in the CA Evidence is Rape by threat and intimidation but Information alleges Rape through deprivation of reason Complaint is Rape. BUT prosec filed Forcible Abduction. Is this valid? No, because Rape is different from Abduction. Accused said, Puta ka. Kabit ka ni X Last sentence cannot be prosecuted without complaint (defamation relating to adultery and concubinage). But first sentence is just ordinary defamation and may be prosecuted without complaint.

When is information sufficient? Name of the accused Designation of the offense Acts or omission constituting the offense charge Name of offended party Time Place

Who must prosecute? Under the full control and supervision of a public prosecutor. HOWEVER, if in case of (1) heavy workload or (2) when there is no public prosecutor in the area, Defect in the designation? private prosecutor may be allowed to prosecute. Not jurisdictional. Not controlling. What is controlling is Must be authorized in writing by the Chief of the the allegation of acts and omissions (recital of facts). Prosecution Office The city prosecutor with respect to EXCEPTION: Case of trespass to dwelling was filed. the city. The provincial prosecutor with respect to the BUT attempted rape is alleged in the acts or omissions. province. The Regional State prosecutor. THIS IS NOT SC said he could not be convicted of attempted rape. THE CHIEF STATE PROSEC. In adultery and Concubinage, at the instance of the What should be included with respect to cause of offended party. REMEMBER: NOT BIGAMY accusation? Ratio: Offended might choose to suffer in silence than suffer the outrage of a public trial Qualifying or aggravating circumstances. What about o EXCEPT: (1) Pardon. After the act Alternative circumstances? YES o (2) Consent Must you say specifically qualified by? Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

Defect in the name of the accused? Not fatal. For purposes of the name, any defect is only a matter of form. What is material is the identity of the accused. The name may be amended any time.

In rape of minors. State relationship with rapist. Otherwise, they will not be considered by the court even if proven at the trial Must intent to kill be alleged specifically? No. It is sufficient that from the allegations, intent to kill is obvious. How about animus lucrandi (gain)? No How about conspiracy? Depends. If the conspiracy itself is a crime, it must be specified. But if only a manner of commission, no need. What about habitual delinquency? It must be alleged specifically o Commission of the crimes o Last conviction and relase o Previous convictions and release How about in libel? o Single out libelous statement and quote it in the information. YOU CANNOT HAVE A SUMMARY

What is a local offense? Sec. 15 Rule 110. Is one fully consummated in one place What is a continuing offense? Its essential ingredients took place in different places. Those committed in the course of a trip or voyage BP 22. Where dishonored? Where presented? Where issued Rebellion Libel? Abduction Brigandage, Kidnapping

How to allege? Allege all offenses constituting the complex crime. If the prosecutor might not be able to prove all, accused may be convicted on a single offense alleged. What if the crime is a manner of commission of another crime? Charge only one offense. Arson was committed through trespass to dwelling. Continuing crimes. Delito Continuado. Though there are several acts, accused is motivated by single criminal impulse/intent. Santiago v. Gartichorena. Miriam was BID Comm. who issued legalization certificates to several persons. This is delito continuado. Only one information is necessary. Single Larceny Rule. Theft of different things belonging to different persons, only one theft is committed. Ex. Stealing 13 cows belonging to different owners, collection of fees from several bidders. Estafa committed in different instances no single purpose Illegal possession of firearms used in killing the victim. This is considered s special aggravating circumstance Caught with 6 different firearms? Only one information since only one violation Reckless imprudence cases. Reckless driving and the car was damaged and physical injuries caused. Two information since they cannot be complexed. Both light offenses. Exclusive jurisdiction in MTC regardless of the amount. MOVE FOR CONSOLIDATION since they have common evidence. What if one crime is cognizable by MTC and the other one by the RTC. File in the court with greater jurisdiction.

Committed outside but prosecuted in the Phil Sec 58 of Human Security Act Sec 2, RPC Piracy Where place is an element Gun Ban Law Robbery of uninhabited house Trespass to dwelling Maintaining a drug den When time is an element Infanticide Abortion Bigamy Election laws Physical injuries. Time of confinement Name of offended party CASE: Amendment of name after prosecution had rested its case allowed. Since it is a mere formal defect. In People v. Cabalquinto? You do not include the name of the offended party in the decision in case of VAWC. People v. AAA. Duplicitous information (Multifarious) Charges more than one offense Remedy: Motion to Quash. Otherwise, waived Exceptions o Complex Crimes o Compound(delito compuesto). One crime necessary means to commit another. Ex. Malversation through falsification of public document o Special Complex crimes. Rape with homicide, Robbery with Homicide

Amendment or Substitution Amendment Before plea, information may be amended for formal and substantial defects. o BEFORE PLEA, Leave of Court necessary when there is (1) downgrading of offense, or to (2) drop an accused from the information. PROCEDURE Motion Notice and hearing. Since this is litigated motion Approval of the court Court must state the reasons for the decision. Copies furnished to parties After plea, only formal amendment. Except: Doctrine of supervening events. Test to determine if the amendment is as to form or substance. If it will affect the substantial rights of the accused such that there is a change in the defense to be put up by the accused. Remember: Arraignment is always a cut off point. Distinguish with Substitution of Complaint or Information.

Information filed does not charge the proper offense. Time: at any time before judgment. Court shall

Instance of the prosecutor Arraignment not needed if only formal amendment

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

dismiss original complaint, and ordering the prosecution to refile the proper offense. This is at the instance of the judge. As opposed to amendment which must be at the instance of the prosecutor Accused must be arraigned on the substituted information

Witnesses posting of bail? Required if it is perceived that the witness would not appear at the trial of the case under the substituted information. are the rights of the offended party? Rule 110 sec Take part in the prosecution. Right to intervene Recover civil liability Appeal unless double jeopardy. Rule 122 sec. 1 o Appeal is only to the civil aspect o This is true in cases where there was demurrer to evidence. Judgment is already upon the merits Limitations to the Right to intervene of offended party. Rule 111 1. Waiver of civil liability 2. Reservation to file separate civil action except independent civil action. 3. Prior institution 4. When no civil liability attaches to the offense. Ex: Victimless crime Vagrancy Prostitution -

What is included in the civil liability? Reparation, restitution, indemnity. Reparation and restitution are applicable only in crimes against property Rule on DOCKET FEES? 1. Even if not alleged in the information, damages may be claimed. 2. Actual damages No docket fees. 3. Other damages If it is specified, it shall be the basis for assessing docket fees. If not specified, and awarded by the court, that will be a first lien on the judgment. Automatic institution of the civil aspect. No reservation of the civil action 1. Bouncing Checks Law No separate civil action may be reserved. Automatically included Amount of the check basis of the 2. Cases cognizable by the Sandiganbayan No counterclaim, crossclaim, third party complaint in criminal actions. Instead, file a separate action against party responsible. INDEPENDENT CIVIL ACTION. May proceed even without reservation PREJUDICIAL QUESTIONS. CONSOLIDATION. Take note of Rule 119 which is consolidation of different criminal cases. When is there civil liability even if there is acquittal? 1. Acquittal based on reasonable doubt 2. Court declares that liability is merely civil in nature 3. 4. When the civil action is not deemed instituted with the criminal action reserved? 5. Extinction of the penal action does not carry with it the extinction of the civil action. Rule 120 sec 2

What 16 -

Rules on prosecution of civil actions Implied institution of civil action in the criminal action Exceptions: 1. Waiver 2. Reservation to institute separate action Made before prosecution starts presenting evidence giving the offended party reasonable opportunity to make reservation. Why before presentation of evidence? To prevent the offended party from speculating on the outcome of the case. This is unfair. Who may reserve? Offended party only Art. 103, 104 of RPC. Innkeepers, tavernkeepers. Subsidiary liability for offenses committed by their employees. 3. Prior institution Doctrine of Primacy of Criminal Actions. When there is a criminal action, suspend civil action already pending. If there is reservation, civil action may not be instituted until the termination of the criminal action

Independent Civil Actions Art 32, CC. Violation of constitutional rights of a person. Reason for Independent civil actions: Additional protection for the individual. You need not file a criminal action to protect your rights. Because of the immense power of public officers plus the people to whom you complain are agents of the state,... Art. 33 defamation, fraud,physical injuries 1. Used in the generic sense. Not as it is defined in the RPC 2. Pyhsical injury covers homicide, murder 3. Does physical injury cover quasi delicts? Like Reckless imprudence resulting to Death? Latest rule is not covered. Art. 34 2176. Read 2177, liability is independent from the penal code. Who is an offended party? Any person against whose person or property a crime is committed. NOT restrictive definition. Like a wife of a person who is killed is considered as an offended party. The wife is considered an offended party because whe is a victim. She is deprived of Effect of Death on Civil Action After arraignment DURING TRIAL civil liability arisng from the offense is extinguished. If you have other sources, it is not extinguished.

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

For independent civil actions, substitution of the heirs. Rule 3 sec 16. Rule 3 sec 20 sum of money Rule 86 Before arraignment, case dismissed. Since the court is yet to acquire jurisdiction. Without prejudice to the filing of a civil action

Prejudicial Question. Exception to the primacy of criminal action. Rationale: Prevent conflicting decisions of the courts. From Spanish time where civil and criminal courts are separated Is this limited only to courts? What if one action is pending before administrative body? CASE: Courts would have discretion to determine whether the admin case is prejudicial When 1. Prosec if case is under P.I. 2. Court if the case has already been filed Suspension of arraignment 3. NOTE: if denied in PI, it may agin be invoked in the court Elements 1. Previously filed civil action Question: There is civil action for claim of money. Adverse party gave false testimony. Criminal action was filed. IS there prejudicial question? NO.

PRELIMINARY INVESTIGATION Preliminary inquiry to determine What is the nature? Only statutory Characteristics 1. Personal. Waiver only by the person under P.I. 2. Inquisitorial It may proceed ex parte. Presence of respondent is not necessary 3. Part of Due Process 4. Not adversarial since it is not part of the trial. 5. Summary in nature 6. Statutory Process 7. Double jeopardy does not attach 1. Sworn complaint Effect of No P.I. None. Not ground for motion to quash. a. Any prosecutor 1. Suspend trial and order P.I.by the court b. In default, Any government official Time: at or before arraignment. Otherwise waived authorized to administer oaths Can it be raised on appeal? No. It is already waived at c. In default, Notary Public that point 2. Within 10 days either dismiss or issue sub poena Shall he be released for lack of PI? NO (with copy of complaint and affidavits) 1. Exceptions Arrest is also invalid. Rolito Go 3. If he could not be sub poenad or did not file counter affidavit May be ex parte case There must be certification in the Information that PI 4. Clarificatory hearing. No right to cross examine was conducted. LACK of this certification does not a. NO RIGHT to counsel. BUT If he requests invalidate information. counsel, he must be furnished with one. Amendment/ Substitution PI must be conducted Otherwise ground for reinvestigation. This again: is a right to due process 1. Substantial amendment 5. Resolution 2. Substitution a. Dismissal by investigating. Reversed by When is PI not required? the City prosec and wanted filing. Should 1. Inquest cases. When lawfully arrested there ba another PI? No more. The PI without a warrant process is completed up to the head of Except: Waiver of art. 125 of RPC. the prosecution service 2. Less than 4 years 2 months 1 day From time he learns filing. 5 days from filinf Dual Role of Prosec (mandatory) to ask for PI 1. Agent of the State. See to it that innocent is freed REINVESTIGATION. Once filed in Court, it gains 2. absolute control over the case 1. Can offended party file for reinvestigation? Criminal Action cannot be enjoined Except NO. He can only file for a petition for review with the DOJ Can SC determine probable cause? No as a general rule. 2. Petition for review is also available to the accused Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

3. Remedy in case DOJ decision 65 to CA 4. If appeal made to the President 43 to CA Who can conduct PI 1. City or provincial prosec Territorial BUT they may be ordered by the DOJ to prosecute case outside jurisdiction Especially when case has political color. The prosecs in the jurisdiction are patrons of the politicians 2. National and Regional State Prosec 3. Other officers COMELEC. For election related offenses. EVERYTHING THAT IS ELECTION RELATED EVEN IF COMMITTED BY PUBLIC OFFICER MUST BE MADE BY COMELEC. Ex: Public officer who is vote buying OMBUDSMAN. Offenses cognizable by Sandiganbayan but it may fall on regular courts (like when the SG is below 27) o Filing must be by Ombudsman. Special prosec cannot file information It is quashable o Actual prosecution can be with special prosecutor or deputized ordinary prosecutor Saying in relation to office is not sufficient. There must be specific allegations What if info is quashed on the ground that person who filed had no authority Conduct new PI since the findings of the previous officer is not binding In criminal cases by ombudsman. 65 to SC In administrative cases. 65 to CA Forfeiture in AMLA AMLA Council Forfeiture in 3019 Ombudsman. Before Sol gen PCGG can no longer conduct PI. They could not be accuser and judge at the same time. They are limited to fact finding.

Probable cause to file info vs probable cause in issuing warrant Is the finding of the prosec as to probable cause to filing binding upon the judge? No. Judge must make independent judgment. If DOJ sec refuses to file an action. Remedy: Civil action for damages under Art. 35, CC. Can you compel criminal action? No. Unless there has been previous determination of probable cause. When can court issue warrant of arrest? Is there difference between RTC and MTC warrant? NONE Motion for determination of probable cause. Case is already filed in court. Lacson case. Not in the rules daw. When case is filed in court, no automatic issuance of warrant Find probable cause, issue warrant No probable cause, dismiss Doubting, order additional evidence to be presented within __________.

What is required of the arresting officer? Bring to the nearest jail or detention facility (police station Sec 4. Who executes warrant. Head of office 1. Chief of the PNP. 2. Director of NBI Cases of warantless arrest? 1. In flagrante delicto. While committing, attempting to commit or has committed the offense in the presence of the arresting officer. 2. Hot Pursuit. Based on probable cause that the crime had been committed by the person to be arrested. Must have acted in good faith. Umil v. Ramos. a. Time of arrest must have been Immediate from the time of commission b. Kung inaresto yung pumatay nagaararo na the day after, hindi na pwede. 3. Fugitive rule. Escapee from a prison or penal establishment a. Minor offenders, cannot be arrested nor placed in prison under the new law. Can they be arrested (without warrant) if the escaped? No because if they are kept in DSWD, that is not escape from a penal establishment. When to make arrest? Any time of day or night Time of validity: Until time of arrest is effected. What is an alias warrant? When original warrant is lost, destroyed or unserved. A warrant of arrest is issued only once, the rest will be alias warrants. If original warrant is given to PNP, you want to give to NBI, ask for alias warrant. Sec. 7. Method of arrest. Recitation of the Miranda rights of the person arrested. 1. Inform him of the arrest. Do you have to show him the warrant of arrest? No. As long as there is already a warrant Sec 8. Method of arrest by officer without a warrant. Inform person of the authority to arrest. Show him the chapa. Sec 9. Method of arrest of private person Sec 10. Arrestin officer may summon assistance. Sec 11 and 12. Right to break in or break out. Sec 13. Arrest after escape or rescue Sec 14. Modified by RA 7438. Even fiancee of the detainee may visit. Take note the difference of visit by counsel and relatives. In trillanes case, relative visit may be regulated. BUT if it is the lawyer, he must be given access anytime BAIL The person must be under custody Forms Purpose. This is an aspect of the presumption of innocence Theory of bail. Surety becomes the jailer of the accused. That is why they can have the principal arrested though they may not confine him.

When may MTC file a warrant? Direct filing and it does not require. When is 1. 2. 3. warrant not required? Summary procedure (summons must be issued) Fine only (summons must be issued) Commitment order

When is assistance of counsel required? WARRANT OF ARREST When there is PI When filed directly with the judge Summary Procedure ARREST What is arrest? Taking into Why is it necessary? 1. To acquire jurisdiction over the person of the accused. The other way to acquire jurisdiction over the person would be through voluntary surrender of the accused. 2. For purposes of Bail. Since you could not post bail until you are in custody of law. When do you make voluntary surrender? When warrant of arrest has been issued. How is it made? 1. Either through actual restraint or through deprivation of liberty of the accused or submission to the custody of the person making the arrest. 2. No unnecessary restraint for the arrest. Rule 113 sec Paderanga case. Warrant of arrest issued, but accused is in the hospital. BUT IBP represented that they are submitting to the juridiction of the court equivalent to voluntary submission. Bench Warrant. Issued to a person who is present in court. Someone does a contemptous act in court, he may be arrested through a bench warrant.

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

Condition. 1. Effective upon approval, until promulgation of the RTC, unless sooner cancelled. If from MTC, appealed to RTC, bail shall be valid until promulgation of RTC. Different when originally filed in the RTC, you must file a new bail on appeal. 2. Instances when presence of the accused is required. a. Arraignment b. At the trial for purposes of indetification. Unless identity of the accused is stipulated upon c. Promulgation i. Light offense. Judgment may be pronounced in the presence of the counsel only 3. Failure to appear withou justifiable cause, trial in absentia may occur. a. Absent today, on the next trial date, should there be trial in absentia? No. There must be several notices to determine that absence is unjustified 4. Surrender the accused for execution of final judgment Can a person out on bail, travel abroad. No, it is a usual condition of bail that he is porhibited to travel abroad. Recent Photograph. Passport Size.Submitted for the bail bond. Sec. 3. No release or transferred of prisoner except upon order of the court. Take note: that if a person is convicted of capital offense, he cannot be released by sub poena unless allowed by the SC When is bail a matter of right 1. Before or after conviction by MTC 2. Before conviction by RTC a. Except when offense is punishable by reclusion perpetua, life imprisonement, death and evidence of guilt is strong. When is bail discretionary. 1. After conviction by the RTC of a non capital offense 2. Where to file: a. Before perfected- RTC subject to review by appellate court b. After perfection (notice of appeal)- CA c. BUT when conviction changes nature of offense from bailable to non bailable- CA only. Example: Accused charged of murder but convicted only of Homicide. i. Ratio: Since when it is appealed the entire case is open for review. So CA may determine whether the accused should be convicted as originally charged. ii. This rule is different in civil cases where appeal only concerns itself as to the errors in the TC. If conviction is for offense exceeding six years, deny bail in the following circumstances. In Leviste case, exercise discretion in favor of denial. 1. BAIL NEGATING CIRCUMSTANCES. Recidivism... etc. What is a capital offense? Punishable by death at time of commission AND time of application of bail. Compare with: Time to determine jurisdiction (time os institution) and

prescription (time of commission or discovery if the latter is unknown). For purpose of bail, must he be first arraigned? NO. Serapio v. Sandiganbayan. Why? Accused would be deprived of the right ot motion to quash since that is foregone during arraignment. Parang dahil gusto mag bail, magpapaarraign agad so he will choose to forego motion to quash. How should bail hearing for capital offenses be made? It is summary. Not full blown trial. However, judge must make factual finding as to why bail is denied or granted. Remedy when bail is granted or denied. 65 to where? ____________. It is not an adjudication. Who fixes amount of bail? Judge. The prosecutor only recommends. There is difference between no bail required and non bailable offenses. No bail required means bail is not necessary. Like in light felonies. Coporate Surety. Property Bond. Remember that conditions are the same Can the court impose additional conditions on the bail bond? No, that would amount to excessive bail. Can Court require that bond be in cash? YES daw. Only in the instance when accused requests that cash bond be given if the amount of the bail is reduced. WEIRD What is a recognizance? Who are allowed to take recognizance? Any responsible person? Members of good standing the in the community. Perhaps the barangay chairman Recognizance cases. Accused had served more than the minimum of the penlaty imposable without benefit of ISLAW. Where to file bail? 1. In the case where case is pending. Since that is the place where the records of the case are located. 2. Discretionary bail, recognizance only in court where case is pending. 3. If not yet charged in court, in any court in the province/ city where he is held. Herras v. Tehankee. When is notice to prosecutor required 1/29/11 Sec 20. Bail may be adjusted in the course of the proceedings. Example naging flight risk. Sec 21. Forfeiture of bail. Surety becomes the jailer of the accused. If accused fails to appears despite due notice: 1. Warrant must be issued for the arrest of the accused. 2. Issue an order forfeiting the bail. a. Direct the bondsman to produce the accused b. Provide satisfactory explanation why the accused failed to appear. i. IF not SATISFACTORY or accused was not presented CONFISCATION of the bond.

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

ii. iii.

No separate action needed to confiscate bail. Mitigated liability under the bond. Accused was brought to a different court

Cancellation of bail. 1. When surety asks for cancellation since he considers the accused as a flight risk already 2. Acquittal 3. Death of the accused. This terminates the proceedings 4. Execution of judgment. Service of the sentence now commences Sec 23. Arrest of accused out on bail. Same theory: Surety is the jailer of the accused Sec. 24. No bail when the judgment has become final and executory. EXCEPT: application for porbation is pending. Benefit of Probation is lost when the accused appeals. Except: When the sole assignment of error is to question the penalty, when it is reduced he may be allowed probation. NOTE: parang against dun kay Justice Callejo. 5. 4.

Sec 25. Court Supervision of Detainees. Justice on Wheels program Sec 26. Bail is not a bar to objection on illegal arrest, lack of or irregular P.I. Innovation in the rules The cut off point is arraignment and NOT the posting of bail RIGHTS OF THE ACCUSED All are constitutionally granted rights. Except the right to appeal 6.

Sec 1. Right of the accused at the trial. There are other rights that are present even before trial 1. To be presumed innocent. That is why there is the right to bail a. As a general rule, accused need not present evidence since the burden is on the prosecution. Except: Presumptions in law arising from certain facts. Like failure to account govt money of an accountable officer gives rise to the presumption of malversation. 2. To be informed of the nature and cause of accusation a. If the information does not comply with Rule 110 sec 6 (Sufficiency of complaint or information) is a violation of this right 3. To be present and defend in person and counsel a. Duration of the right to counsel. Not limited during the trial. The right to counsel exists before trial. Right made available by Sec. 4 of RA 7438. b. Ratio of right to be present:Accused must be given a chance to make his defense by hearing hte evidence of the prosecution c. Accused may be allowed to waive his presence subject to the condition that his identity is stipulated already. That Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

7.

8.

whenever his name is mentioned he admits that it is referring to him. Except that the court may still require his presence d. TRIAL IN ABSENTIA. If accused had already been arraigned, and the accused escapes from the jurisdiction of the accused there may be trial in his absence. This is a waiver of : i. Right to confront witness ii. Right to present evidence iii. These rights may be regained upon reappearance e. Accused allowed to defend himself. Provided cort is satisfied that he cand efend himself Right to testify in his own behalf. The moment the accused testifies he may be cross examined on all matters stated or connected with the testimony on direct (English Rule daw) Right against self incrimination. Covers only testimonial compulsion a. DNA evidence not covered by this right. b. Production of pyhsical evidence not covered. c. When the act required of the accused is not merely mechanical, it is covered. d. People v. Maqueda case. Right to counsel exists at the critical pre trial stage. Example. Complaint was already filed in court. He was investigated by police wherein he made admissions. He should have the right ot counsel at that time. Right to confrontation (cross examine). Concomitant right of the right ot be present. It is a means by which the accused may impeach the credibility of the witnesses against him. a. Rule 130, sec 47. Testimony or deposition at a former proceeding. Onl available when witness is i. Dead ii. Unable to testify Right to compulsory processes. Connect with Rule 21. Sub poena a. There is a conflict aas to whether the viatory right exists in criminal trials. Rule is that it is not available. Justice disagrees Right to speedy, impartial, public trial. a. Speedy. No specific time frame. Depends on the circumstances. In one case SC said that 6 years of delay in PI is in violation of the right to sppedy trial. b. Criminal actions against tourist must be conducted within 48 hours. c. Dangerous drugs law Check daw as to time when prosecution, PI should take place. d. Impartial. Can judge cross examine accused? YES, but it should be limited to clarifying certain matters. In one case, 80% of the questions came from judge. e. Public. Judge must conduct the trial in regular court rooms. Can it be in chambers? YES, as long as the

9.

parties agree and no the public is excluded. i. Ratio: So that the public could see that the action against accused is proceeded accordingly. ii. IN VAWC: public may be excluded. Right to appeal

Sec. 3. Plea of guilty to a capital offense. Court must not perfunctorily ask basic questions only. He must be extra solicitous to determine voluntariness and understanding of the consequences of the plea. Sabi ni sir: ask educational attainment, etc...to determine if he understands the plea of guilty Mandatory hearing. Prosec must present evidence to determine the degree of culpability. If all accused pleaded guilty, one of them might only be an accessory in the offense. Sec 4. Pleaf of guilty to non capital offense. Plea must be absolute and not conditional. Hearing is discretionary. Sec. 5 Improvident plea of guilty. Plea of guilty without full understanding of his action. It may be withdrawn at any time before judgment. Sec. 7 Appointment of counsel de officio. Counsel must be competent and independent. In localities when such member of the bar is not present. Any person with good repute and probity. Sec. 8 Reasonable time for counsel de officio to confer with accused Sec 9 Bill of particulars. Same as in civ pro. Done before arraignment Sec 10 Production and inspection of material evidence and documents. Documents in advance of trial. Like a mode of discovery it must not be privileged Sec 11. Suspension of arraignment 1. Unsound mental condition. Send to mental then get a certification that he is of unsound mind. 2. Prejudicial question 3. Petition for review in the DOJ. Suspension should not be more than sixty days. After 60 days proccedings may continue. If appealed to CA, there must be TRO, otherwise proceedings continue

NOTE: The rights of the accused are deemed waived if not invoked. Except: Right to counsel at the time of arraignment. ARRAIGNMENT AND PLEA Start daw with Sec. 6. Before arraignment. Court shall do its four fold duty 1. Inform him of right to counsel 2. Ask if he desires one 3. Give reasonable time to procure counsel of choice 4. If none, counsel de officio. JG: If he is delaying proceedings saying that he needs time to procure counsel, assign counsel de officio. Sec. 1 Arraignment made in the court where the case is pending. (a) Who effects arraignment: Judge or clerk of court It must be read in a language known to the accused Ask him whether he pleads guilty of not guilty The last sentence had been modified by the rules on pre trial. No evidence shall be allowed unless identified and marked in the pre trial.

(b) - Plea of guilty must be unconditional. If not, plea of guilty will be entered for the accused - Presumption that arraignment was conducted regularly. Burden is one the accused to prove that no arraignment was made. Effect of a lack of arraignment: ___________________. I just heard that it is a correctible wrong. (f) Offended party is required to be present for purposes of plea bargaining. Consent of the offended party is necessary. If offended party was already notified and does not show, consent of the prosecutor would be sufficient. (g) Arraignment within 30 days from date court acquires jurisdiction Exclude the time during which motion for bill of particulars, motion... Sec. 2. Plea of guilty to a lesser offense which is necessarily included in the crime charged. This is the concept of cognate offenses. They are in the same title of the RPC. Ratio: before charged of rape after plea bargaining it becomes theft Cut off point: Plea baragianing allowed only before the prosecution starts presenting evidence.

1/31/11- c/o Caroline Tan Rule 117 Motion to Quash What is its equivalent in civil cases? Rule 16, Motion to dismiss

This is different on the provisions on Demurrer on Trial This is file at anytime the accused enters his plea Grounds: a. Facts do not constitute an offense

EXCEPT: People v. Villarama. During the trial the evidence of The test to determine is that of Rule 110, the test of the prosecution could not prove beyond reasonable doubt as sufficiency of complaint of information to the offense charged. Prosecution must be allowed to enter into plea bargaining. Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

b. -

The court does not have J over the offense charged Because the crime if committed outside the jurisdiction of the court We speak of two things: i. ii. No J over the offense [substantive] Lack of territorial J

Amnesty political offense, concurrence by Congress, total obliteration of the offense, the accused must apply and accept the amnesty, may be taken judicial notice of, granted before or after conviction Pardon common offense, no judicial notice must be proven as a fact, only after conviction if on appeal, it may not be granted until decision

Do not forget that in private offenses, there is a jurisdictional defect if it is not initiated by the offended party. Absent this requirement will warrant the dismissal of the case c. d. No J over the person of the accused Officer does not have the authority to do so Rule 112, section 2 essentially these are the very persons authorized to conduct P.I. If this is not filed by the person authorized, a SUBSTANTIAL DEFECT, then the complaint or information should be quashed. A new P.I. should also be conducted. This cannot be remedied by simply curing the defect. This is because the findings may be different

PRESCRIPTION 2 DISTINCT TYPES IN CRIMINAL CASES 1. 2. Crime/Offense Penalty Article 92 [RPC]

RA 3326; Romualdez v. Marcelo (rule in RPC should also be applicable in Special Law the prescription will not run if he is outside of the country) MR: yes prescription can run even if the accused is outside the Philippines. They made a very distinction on P of offense and P of crime.

For the purposes of reckoning, distinction must be made if the offense is known time it was committed. If not known, then the prescription should begin at the time of knowledge of the offense. The concept of constructive notice is applicable here in criminal offenses Is there such thing as res judicata in criminal cases? h. Counterpart is double jeopardy Contains averments which if true would constitute a legal excuse or justification We are referring to Article 11 and 12 of the RPC

What is this immunity from suit? Can you invoke this for the purpose of quashing the information? e. A P.I may be conducted but you cannot prosecute them during the immunity. Information does not conform to the prescribed form

What is the prescribed form? f. Example: the name of the accused or the offended party formal defects More than one offense is charged Violation on the rule on duplicity Take note of the requirement for purposes of complex crime This may affect the J of the court because one offense may be cognizable by the RTC and the other is cognizable by the first level courts g. Criminal liability has been extinguished Article 89 of RPC: how criminal liability is extinguished: o o o o o o Death Service of the sentence Amnesty Absolute pardon Prescription of the offense Prescription of the penalty -

What is the crime is continuing? When is the reckoning date? The period of prescription would also be last date of the (last?) act i. Terminated without his express consent... This is the rule on double jeopardy New rule: you should be convicted or acquitted of the same offense or the case against you is dismissed without your express consent. Now there is no need that there is a prior conviction or acquittal What are the instances where it is not a dismissal or acquittal but double jeopardy may be invoked as it amounts to acquittal without judgment? a. b. Violation of the rights of the accused Withdrawal by the prosecution after arraignment, case vs against him is dismissed without his express consent, valid information, after plea and arraignment

Two concepts of jeopardy:

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

a. -

Prosecution for the same offense

b. c.

Facts constituting graver charge became known or were discovered only after a plea was entered When the plea of guilty to the lesser offense is without the consent of the prosecutor and the offended party

This is the one referred in the Rules of Court Take note on the requisite of the DJ, you must meet the following:

Must cover offense (included or necessarily included, attempted or frustrated), that the first jeopardy has already attached ... b. Prosecution for the same act

Suppose the court said that it has no J, then later on it was found out that the court has J: If it is on the motion of the accused, then no DJ. If it is on the initiative of the court, then DJ will already attach

What are the requirements of a Motion to Quash: a. b. c. In writing

In quasi-offenses and negligence, what is the rule on double jeopardy? The very essence of the crime is reckless imprudence so if you were already punished for the resulting homicide, then you can no longer be prosecuted with damage to property based on same negligence

Signed by the accused and his counsel Factual and legal grounds

Can the court entertain a Motion to Quash on a ground not specifically relied upon in the motion? Yes, but only in one ground, when the court has no J over the offense charged

State witness? effect is acquittal but it is not a judgment of acquittal Section 8 provisional dismissal (lacson v. Executive secretary) Justice Brion: interpreting section 8 illegal possession of firearms vis-a-vis homicide

Section 4 This is different from Rule 110, section 14 which is amendment by substitution If the grounds on Motion to Quash can be curable, then the court may order its amendment. Example, letter (e) of the ground, that the information is not in a prescribed form so the court MAY DIRECT the amendment. The court however must fix the period. During the time he is in detention, should the accused be released? No, he must continue detention., however despite the order amendment was not made, then the accused shall be discharge from detention

What is the nature of this provisional dismissal as distinguished from the GR that dismissal should be without the express consent of the accused: Since this dismissal is with the consent of the accused..

Does the provision in this section supersede the provision on the RPC on prescription of penalty? No. If it is provisional, meaning it can be revived, it does not end. But of course this must be within the period. If beyond the period, then this is with prejudice to the prosecution of the offense by the State. To revive, you simply file a motion to revive. After the lapse of the period, can you now invoke this for double jeopardy? Ponencia Justice Brion - Los banos v. Pedro G.R. No. 173588, April 22, 2009

Section 5 Again depending on the ground invoked on the Motion to Quash Exception where the court has not obtained J is when to decide a motion to quash??

Section 9 Rule 118 Pre-trial Is there a difference in pre-trial criminal and pre-trial civil? They are same in that is it both mandatory

What is your remedy if your Motion to Q is denied? Plea and proceed to trial. Except when the very issue is J over the offense, you can file petition for review. When the decision is very patent.

Section 7 When must you raise the defense of DJ? At the trial level, first opportunity, unless when there is already a trial and it is found out from the evidence that DJ exist, so the court should dismiss it

What are covered? Second stage where the possibility if plea bargaining can still be pursued Exclusion of evidence v. Preclusion of evidence. The latter is the one applicable in pre-trial

Exceptions where you cannot invoke DJ: a. Supervening event graver offense supervened this is a matter of time determination

First stage: preliminary conference (before the COC) pretrial proper before the judge (second stage), there can still be

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

changes pre-trial order/agreement (in writing and signed by the parties and counsel) no signature, defect not curable Judicial admissions made by the party require no proof. So those admissions made during the pre-trial constitute judicial admission as a rule. However, there are jurisprudence to the effect that assuming the accused did not sign the agreement, conviction can still be had if evidence is presented independently from the admissions in the agreement. Bias v. SB absence fraud etc that affects the voluntariness, you cannot withdraw the agreement in the pre-trial agreement. Do not confuse made during the pre-trial and in the course of trial: Pre-trial constitute judicial admission, but admissions made in the course of the trial, you do not have to sign it. Oral admission already converted as written by virtue of the transcript of the record

Section 11 This is possible when the trial has not yet started. 2/1/2011 TRIAL Sec 11. Fixes the order of trial (sequence of presentation of evidence). This is different from Rule 132 sec 4 (order of examination of the witness) What is required of the prosecution in criminal case? Prove the charge beyond reasonable doubt. This means that every element charged in the information must be proved beyond reasonable doubt. Failing in one, the accused will be entitled to an acquittal. NOTE: List down the rules where no separate civil action is allowed ADMU reviewer has this. It is not required for the accused to present evidence. Since he is preumed innocent. After presentation of prosecution, accused may just file demurrer to evidence Accused may present evidence to claim a provisional remedy (basically preliminary attachment in crimes against property). Accused may also porve damages. For an instance a preliminary attachment was wrongfully issued against him. Rebuttal and Sur-rebuttal is optional. Generally this refers to the evidence in chief unless allowed by the court. After surrebuttal case is deemed submitted for decision unless court allows oral argument or submision of memoranda MODIFICATION OF ORDER OF TRIAL. 1. What is a negative defense? Accused denies specifically the allegations of the information or complaint Regular order of trial. 2. Positive defense REVERSE/ MODIFIED order of trial What is the quantum of proof required for the accused to prove self defense? It is only clear and convincing evidence. In other decision, preponderance only.

Section 3 This is different from Rule 118, section 3 Sanction here is imposed not on the parties but on the counsel, technically no effect in the criminal proceeding Section 4 *space out Rule 119 Trial hearing is broader because it may entail incidents, resolution, not necessarily for the trial of the case. Example, Motion to dismiss. And hearing does not necessary need presentation of evidence. Why is trial necessary? To prove the facts in issue *space out In criminal cases, there can be no judicial affidavit in lieu of oral (unlike in civil cases) When do you prepare for trial? You will notice that the rules now are very specific as to what acts should be done. Continuance failure of evidence, and by reason of illness civil cases. There is no counterpart provision in criminal cases Two aspects in trial: a. Right to a speedy trial section 9 two steps: first the accused must say that the prosecutor should be ready to present evidence against him if on the date to present, the prosecutor is not ready, then you can invoke right to a speedy trial - MTdismiss is at the behest of the accused so supposedly it should not be tantamount to acquittal, but here because of the constitutional right, then it is tantamount acquittal. -

Sec 12, 13, 15. What is the nature of these provisions? This is a species of modes of discovery. There is basically no provision as to modes of discovery in criminal actions. However, there are decisions which say that there is no prohibition to avail of modes of discovery in criminal cases. EXAMINATION WITNESS FOR ACCUSED How made: by motion (name, substance of testimony, grounds why witness could not attend trial) Grounds: 1. Sick or infirm 2. If accused resides more than 100 km away from place of trial AND no means to attend the same. 3. Other circumstances Should contain an affidavit of the accused. This is because the motion is not verified. Who may conduct examination? 1. Court where case is pending 2. Any member of the bar in good standing

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

3.

Any inferior court

EXAMINATION OF PROSEC WITNESS only notice is to the accused is required (no motion is required). ACCUSED may waive his right to attend conditional examination. Grounds: ONLY 2 grounds as compared to examination of defense witness 1. Sick or infirm 2. Has to leave Phil with no definite date of return Who may conduct examination 1. Only before the Court where the case is pending. If done elsewhere, it would be violative of the right of the accused to confront the witnesses agaisnt him When should witnesses be required bail? Similar with Rule 110. In cases of substitution, bail may be required of the witnesses Sec. 16. TRIAL of SEVERAL ACCUSED. In Adultery and Concubinage, they are not required to have joint trial. The rule only requires that they be jointly charged. Separate trial may be had since the defense of one may be inconsistent with the other. If the accused jointly charged, prosecution already rested its case, can accused still ask for separate trial? YES, since their defenses may be inconsistent with each other. BUT, prosecution should not be required to repear the presenttion of its evidence.

What is the effect of the discharge? Serves as an acquittal. Double jeopardy applies What if there is an erroneous discharge? What if State witness does not comply with his commitments? He may be prosecuted again. BUT if his failure is not due to his fault, he is discharged (Ex: Hinid siya tinawag ng prosecution) Differentiate from the Witness Protection Program? How many may be discharged? No limit

Sec. 19. This is like the rule on substitution Sec. 20. When prosecutor is disqualified, or has inhibited. Example: Congressman is the accused and the prosec obtained his recommendation from such officer. Sec 21. Sec. 22. Consolidation of criminal actions arising from the same or series of offense. Sec. 23. Demurrer to Evidence Instances when it may be granted? Court motu proprio provided it is with notice to the prosecutor, or on motion of the accused. Conditions 1. Motion for leave If granted, accused may file the demurrer to evidence. If with leave of court, then denied, accused may present evidence If without leave of court, then accused insist of filing demurrer, which was again denied, no more presentation of evidence The denial of the motion for leave and the demurrer itself IS NOT SUBJECT TO APPEAL. Although certiorari may be filed

Sec. 17. Discharge as State witness When to apply? Before prosecution rests its case. Ratio: After the prosecution rests its case, accused is already entitled to file a demurrer to evidence. What is the reason for this rule? NECESSITY. For lack of evidence they must even resort to tainted testimony of a co-accused. Only a co-accused could provide the necessary details of a crime which had been planned and executed in utmost secrecy REQUISITES: 1. Prosecution must still present its evidence. 2. Specifically state the grounds for demurrer. But he realizes that he could not The motion cannot just say that prove all the elements of the the evidence is insufficient. The offense. THUS, motion must state which element 2. Testimony must be of Absolute Necessity. was not proved by the prosecution. Different from absolute certainity that the testimony would convict Sec 24. Reopening. Based on Rule 135 sec. 6. The inherent powers of the court the power to carry into effect the the accused. Absolute certainity is not required judgment of the court. 3. There is no other direct evidence proving the offense except the testimony of the RULE 120 accused to be discharged. JUDGMENT Respective witnesses must be asked to execute affidavits to What is judgment? Determination/Adjudication as to determine the nature of their whether the accused is guilty of not guilty. Different from the evidence definition of judgment in civil actions. 4. Testimony must be substantially REQUISITES: corroborated in its material points 1. It must be in writing. Example: He provides details like a. Oral judgment is not invalid but it must the be reduced to writing in order that it 5. Accused is not the most guilty becomes binding. It is not required that he is the 2. Signed by the judge least guilty. The requirement is 3. Personally and directly prepared by the judge that he must not be the most a. This is a constitutional requirement. guilty. b. Judge may seek assistance from his 6. Not convicted of crimes inolving moral researchers turpitude 4. State facts and law on which it is based Caught playing mahjong. Not a a. There must be ratio decidendi. It crime of moral turpitude. must explain the decision. It is not Concubinage? This involves moral enough that there is a summary of turpitude. evidence. Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

What should be the language of the decision? Official language- Filipino and English What must judgment contain? 1. Legal qualification of the offense constituting the acts (elements of the offense) and the qualifying circumstances 2. Degree of Participation Whether principal, accomplice or accessory. 3. Penalty a. Use the correct nomenclature used in the RPC. If it is Life imprisonment, you cannot say reclusion perpetua. b. In case of Alternative penalties, the judge must make the determination. It cannot be left to the determination of the convict. c. CASE: In BP 22 cases, fine is preferred but judge may still mete out imprisonment. 4. Civil liability or damages a. In actual damages, it must be proved. b. When may you not impose moral/ exemplary damages in a judgment? When there is no aggravating circumstance. EXCEPT when the SC already determined automatic indemnity. Like in Rape- 50k c. Attorneys Fees- only when there is for a separate civil liability. d. When there is civil liability despite acquittal? i. Rule 11, sec (2), last para. Sec. 3. Judgment on several offenses. There is violation of rule on duplicity of offense charged. BUT no objection was made. Thus it is waived. He may be convicted for as may charges as proved LIMITATION. Art.70 of RPC, Successive service sentence. Three fold rule applies when a person is charged for various offenses in one information. Sec. 4. Variance in proof and allegations. The greater includes the lesser, not the other way around. Example: Charged with Homicide, what is proved is Murder, he may only be convicted of Homicide. Can you convict a person of Theft when charge is Robbery? YES, cognate offense Can you convict a person of Forcible Abduction when charged with Illegal Detention? YES, one common element, lewd design? HUH?!! Baka detention Convict of qualififed seduction but charged with Rape? NO, in qualified seduction virginity is an element. Charged in RTC, but later found out that the jurisdiction with regard to the penalty imposed is with MTC? NO remand. Render decision since the basis of jurisdiction is the allegations of the complaint or information. This is the DOCTRINE OF ADHERENCE OF JURIS. If charged with a graver offense, he may still not be convicted of an offense which form part of the greater offense if the lesser. Otherwise there would be circumvention of the rules PROMULGATION. Public announcement of the decision in a case. Generally, accused must be present EXCEPT: PROMULGATION IN ABSENTIA

2. 3.

In case of the absence of the judge who rendered it, any judge of that court. It is not necessary that the same judge who prepared and signed it must promulgate the judgment. (This refers to judgment already signed by the judge but not yet promulgated it.) i. HOWEVER, absence must be temporary. If it is permanent (death, resignation), a different judge cannot promulgate it. The new judge must rewrite the decision and promulgate it. ii. Judge Amoy case. Re-assigned in Caloocan. He was ordered by the SC to completely write the decisions that he left in Zamboanga. BUT note that he was assigned to a corut of equal rank. If he was promoted, he may no longer write the decision since there is a possibility that he may review his own decision. Clerk of Court in the absence of the Judge. Executive judge of the place where the accused in confined. a. Accused previously convicted. Now in Bilibid. He had other pending cases. He was convicted againt. He would no longer be brought to Court. The executive judge who has jurisdiction over Bilibid shall promulgate judgment.

a.

How is promulgation made? 1. Notify accused and counsel. And the surety, if out on bail 2. If accused previously jumped bail, tried in absentia, or fails to appear, (1) record the judgment in the criminal dockets and (2) send a copy of the judgment to the last known address or through his counsel. If these two were not complied with Invalid promulagation Consequences if failed to appear at promulgation? 1. If acquitted, no effect. 2. If convicted, and absence is without just cause despite due notice, he will lose remedies under the rules (MNT, MR, Appeal). If justifiable, accused may regain his standing In case of no-show in the promulgation? Warrant of arrest must be issued. What is the Ratio behind Promulgation in absentia? For purposes of enforcing the civil liability. Because the criminal action will bar the separate civil action arising from the offense.

MODIFICATION OF JUDGMENT. When? Only when there is conviction. Period: Before finality or perfection of appeal. Finality of Judgment. 1. Lapse of period to appeal 2. Sentence partially or totall served 3. Accused waives right to appeal in writing 4. Probation

Who may promulgate. 1. Any judge of the court where judgment is Entry. Apply Rule 36 sec. 2 rendered. Date of finality is the date of entry. Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

Books of the Clerk of Court?

What is Mittimus? Process by which court directs the sheriff to deliver the body of the accused to the jail warden and the latter is ordered to accept. Sec. 9. Rules do not affect suspension of sentence, probation, parole. Why? Court has nothing to do with these because these are post judgment incidents RULE 121 MR/ MNT When? 15 days from judgment of conviction. Who? 1. Accused 2. Motu proprio by the Court (like demurrer Court may do it motu proprio) Grounds 1. Errors of law or Irregularities prejudicial to the rights of the accused 2. New and material evidence Does a pro forma MR/MNT rule in civil cases apply in criminal cases? No, since the accused has the right to raise any matter and the court must pass upon it. AFFIDAVIT of RECANTATION. Public or formal withdrawal of a witness. Not ground for new trial. Except when the testimony is the only direct evidence for the conviction AFFIDAVIT OF DESISTANCE. Usually at the beginning of the trial. Should this be ground for dismissal? No, if the prosecution can still prove the guilt of the accused. The offended party is merely a complaining witness. Grounds for MR 1. Errors of fact and law in the judgment which required no further proceedings. Is motion for new trial same as reopening of trial? NO. Ground of reopening would be miscarriage of justice Form of motion. Litigated motion 1. If based on newly discovered evidence, shoul dit be verified? NO, what is important is the testimony of the witnesses. Sec. 5 Hearing of Motion. Relate with evidence on motions. Affidavits, depositions, or court may order that the matter be heard. Sec 6. Affects only the portion of evidence that is being complained of. Difference of MR and MNT? In MNT, there is trial for presenting evidence. When may trial de novo be allowed? 1. MNT Civil cases 37 2. MNT Crim Cases 121 3. Petition for Relief 38 4. Annulment of Judgment 47 Rule 122 Appeal Distinguish from civil cases? No record on appeal in criminal cases In crim, acquittal is not appealable except for civil aspect.

In civ, only those raised in the brief or those related to an issue raised is considered. In crim, the case is thrown open for review. In civ, no automatic review In crim, notice of appeal is allowed CA to SC. Only instance of notice of appeal to the SC In civil cases, no counsel de officio is required. Residual jurisdiction in civil cases is broader. In crim cases, there are only two daw. In civil case, motion granting MNT/MR not appealable. In crim cases, motion granting MR/MNT is appealable. Ratio: Because MR may result in an acquittal and prosec would have no recourse.

Who may appeal? In case of conviction, the accused. Offended party only with respect to civil liability on the premise that the civil action is instituted with the criminal action. MODES of APPEAL. Same with civil actions Ordinary, Petition for review, Appeal by certiorari From MTC RTC. By notice of appeal From RTC If original juris CA by ordinary appeal If appealate juris CA by petition for review If RTC imposes death automatic review BUT to CA. 1. If CA affirms. It must render judgment but not enter it. IT would certify the case to the SC and forward the records. What do you mean to certify? Attach the decision and forward it to the clerk of the SC. 2. If CA says no death penalty, only reclusion perpetua, CA must render judgment and enter. No automatic review. If accused still wants to appeal File notice of appeal to SC. 3. Yung complex provision Arising out of the same offense of occurrence where death is the penalty. In complex crimes daw Or when there are two offenses committed Not the example of Justice de Leon, where principal then accessory or accomplice has the same remedy In Sandiganbayan To SC Petition for Review to SC If penalty imposed is death automatic review If reclusion perpetua, life imprisonment ordinary appeal to SC If during appeal, accused flees, it must be dismissed, except in cases of automatic review. Appeal on several accused. Instance where not all coaccused appeals. If beneficial to the co-accused, it will benefit him. But it will not prejudice him What is the affect of appeal of the civil aspect on the criminal aspect? None. The criminal aspect may be executed pending the appeal of the civil aspect. Criminal aspect may lapse into finality. Upon perfection of the appeal, execution is stayed as to appealing party. This refers to both criminal and civil aspect. Withdrawal of appeal. Why allowed?

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy

Distinguish withdrawal in MTC (cut off: before transmittal) and RTC (cut off: before rendition of judgment ) Distinguish from RTC in exercise of appellate and original juris. When can CA dismiss appeal on criminal action 1. Failure to file brief except if represented by counsel de officio 2. Escapes from prison 3. Jumps bail 4. Flees to foreign country. NOTE: Only 1 MR RULE 126 SEARCH AND SEIZURE What is a Search Warrant? Order in writing signed by the judge in the name of the People commanding peace officer to bring personal property before the court. What is covered in a search warrant? 1. Those which are subject of the offense 2. Stolen, embezzled and other proceeds of the offense 3. Used or intended to be used as the means of committing the offense In application for the warrant, should there be certification against forum shopping? NO, since it is not an initiatory pleading. ALSO, no responsive pleading. It is only in arraignment that issues are joined. Where to apply? Remember that it is commenced either before or after a criminal action is filed 1. REMEMBER: Different ang search warrant for violation of IP laws What is probable cause for purposes of search warrant? That an offense had been committed is a common element with probable cause in PI. What is the test to determine sufficiency of probable cause? The affiant must give details based on personal knowledge. NOTE: It is not my fault that the answers are not consistent with his questions. DUH!!! CASE: Washington Distillery 260 SCRA 281. Search warrant may be quashed on the ground of forum shopping Conflicting: Certification of non-forum shopping is required in one case. What is the basic limitation in the issuance of search warrant? 1. It may be issued only in connection to one specific offense. Who can question validity of search warrant? A person against whom it is issued. BUT only natural persons can object. JURIDICAL PERSONS are not allowed to object. Who must determine probable cause? The judge personally. It may not be delegated to the clerk. What is the form of questioning? Searching questions. It must be probing and exhaustive since this is a derogation of a constitutional right. It could not be pro forma.

What is the effect if there is violation of the rules with respect to warrant. Evidence is inadmissible in evidence. Requisites for Particularity of description? It must be so particular as under the circumstances as would normally allow. Limitation on Execution of the warrant? Only those which are described in the search warrant. In one case, the warrant says, all those used in the manufacture of shabu, kinuha and radio at aircon. Wrong!!! If in the trial he did not question validity of the search, he waived. Does that mean that there is also a waiver on the admissibility of the evidence obtained in the illegal search? The waiver of the first right doesnt mena the waiver of the second right When to search? Daytime (compare to warrant). Unless the applicant proves necessity of executing it at night. Duration: 10 days whether executed or not. Return must be made If used once, then may natira pa pala na shabu in the place, could the search warrant issued be used again? No, ONE TIME, BIG TIME lang. Exception: Continuing ____________, Places to be searched are adjacent to each other, but it must be described in the warrant Search incident to Arrest? What is the premise? Connect daw with warantless arrest. It coversDangerous weapons Motion to Quash. Where? 1. In the court where the case is pending a. File before the warrant is executed. b. If already executed, motion to suppress. 2. If no case yet, the issuing court RULE 127 PROVISIONAL REMEDIES (in Criminal Cases) Available only when the civil action is instituted with the criminal action. Only Attachment is available

When to make the attachment? From the time jurisdiction over the person of the accused is obtained. In civil cases, there is DOCTRINE OF CONTEMPORANEOUS JURISDICTION, it may not be executed until jurisdiction is acquired over the person of the defendant. How do you do this in criminal actions? What is the equivalent of summons in criminal cases? WARRANT OF ARREST or VOLUNTARY SURRENDER. Instances where attachment may be made?

Criminal Procedure 2010- Justice Gesmundo Lectures Kevin Edrick Relopez, Caroline Tan, Julia Britanico, Lala Rosales, Jessamyn Uy