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CHAMP 2C 2002
Page 1 of 56
CRIMPRO REVIEWER
Preliminary Chapter
a.
b.
-
Crimpro =
method prescribed by law for the
apprehension and prosecution of a person accused of
any criminal offense and for their punishment, in case
of conviction.
=
concerned with the procedural
steps through which a criminal case passes,
commencing with the initial investigation of the crime,
and concluding with the unconditional release of the
offender
=
the network of laws and rules which
govern the procedural administration of criminal
justice.
Sources of Crimpro:
1. Spanish Law
2. G.O. No 58
3. Amendatory Acts by Philippine Commission
4. Quasi acts Phil Bill of 1902, Jones Law,
Tydings McDuffie, Constitution
5. Rules of Court
6. RAs, PDs, Civil Code,
7. Judicial Decisions
8. Speedy Trial Act 1998
9. Circulars
10. Revised Rules of Crim Pro
3 Systems of Crim Pro
1. inquisitorial detection and prosecution of the
offender is exercised by the official and agents of
the law, not merely left to the initiative of the
private parties
2. accusatorial accusation is exercised by every
citizen or member of a group of the injured party.
There is the right of the offender to confront and
be confronted by his accuser.
3. Mixed system combination of both. Example,
preliminary investigation is inquisitorial, but once
the criminal action is filed in court, and there is a
cross examination, then the accused has the
right to confront and cross examine accuser.
jurisdiction
ACCUSED
over
the
PERSON
OF
THE
CHAMP 2C 2002
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How acquired:
1) By virtue of arrest (w/ w/o WOA)
2) Voluntary appearance (surrender to proper
authorities)
* He cannot raise question of jurisdiction over person
of the accused if he enters a plea instead of objecting
to the manner of arrest
If a person questions the jurisdiction of the court
over his person, he must not raise other question,
otherwise, he has waived it. (because he is
inconsistent by raising other issues)
Failure to file a motion to quash the information on
the ground of defective arrest, is a waiver of the right
to question the jurisdiction over his person.
Once jurisdiction is acquired by the court, it may not
be lost until termination. It is still not lost upon the
escape of the accused, and the Court may proceed
with trial in absentia, provided that there was an
arraignment.
If the accused has been validly arraigned, and
becomes absent, court cannot lose jurisdiction.
If there was no valid arraignment yet, and the
accused escapes, court loses jurisdiction.
General Rules or Principles:
jurisdiction of the court is determined by the
geographical limits and nature of the action
jurisdiction is conferred by the Constitution or by
law only (sovereign authority)
jurisdiction cannot be fixed by the will of the
parties nor can it be acquired or diminished by
any act of the parties
Court may allow presentation of additional
evidence to prove jurisdiction
Lack of jurisdiction may be interposed at any
stage of the proceeding
Court may motu propro raise or consider such
objections at any stage of the proceeding (for
example when he fails to file a motion to quash)
Any conviction or acquittal before a court without
jurisdiction is void, not a bar to subsequent
prosecution
Once jurisdiction is acquired, it is retained by the
court until the termination of the litigation, except
when the law provides otherwise
RULES OF COURT
RULE 110 PROSECUTION OF OFFENSES:
Section 1. INSTITUTION OF CRIMINAL ACTIONS.
Criminal Actions shall be instituted as follows:
1) For
offenses
where
a
preliminary
investigation is required pursuant to Sec 1
Rule 112, by filing a COMPLAINT with the
2)
3)
Information
- by the prosecutor
- no need
- filed with court
CHAMP 2C 2002
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CHAMP 2C 2002
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*Remedy to appeal the Prosecutors decision
directed to the DOJ (motion to review). The DOJ or
President may reverse or modify the decision of the
Prosecutor.
After The Case Is Filed In Court:
1. The jurisdiction of the court becomes vested, and
continues until the termination of the case.
2. Prosecutor has no more control over the case,
although he has direction and control of the
prosecution. He cannot impose his opinion on the
court.
3. Any disposition of the case (A motion to dismiss dismissal, motion for reinvestigation, conviction,
acquittal), rests in the sound discretion of the
Court.
4. Any disposition the fiscal feels should be proper,
should be addressed for consideration of the
court. (such as reinvestigation)
5. Complaint may not be withdrawn by the fiscal
without the courts consent motion to dismiss
solely on the court.
When The Prosecutor Has Already Filed A Case In
Court And The Offended Party Appealed To The
DOJ:
When the DOJ has already given due course to the
petition for review,
1. Court should suspend the arraignment of the
accused
2. Court should wait for the decision of the DOJ.
*However, there is a SC advisory that, the DOJ
should as far as practicable, refrain from entertaining
a petition for review, or appeal the decision of the
prosecutor, when the complaint or information has
already been filed in Court.
in order not to undermine the integrity and
independence of the court.
The ultimate test of the independence and integrity
of the RTC is not the filing of the motions to suspend
the proceedings or defer arraignment, but the filing of
a motion to dismiss or to withdraw the information on
the basis of a resolution of the petition for review at
the DOJ.
Still, even after the DOJ review, the RTC may deny
or grant the motion to dismiss, not out of
subservience to the DOJ, but because of his faithful
exercise of judicial prerogative and that he is
convinced that there was indeed no sufficient
evidence against the accused (own assessment of
evidence).
Fiscal May Be Compelled to Prosecute:
*Duty of Public Prosecutor
The fiscal or prosecutor
should not shirk from his responsibility much less
leave the prosecution of the case in the hands of a
private prosecutor. Criminal action shall at all times be
prosecuted under his direction and control. Otherwise
the whole proceedings will be null and void. (He may
turn over the case to another prosecutor.)
Control of Prosecution:
1.
2.
Whom to prosecute
Manner of (how)
prosecution
4. Withdraw information
before arraignment
3.
dismissal
5.
downgrading
offense
of
CHAMP 2C 2002
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If his true name is thereafter disclosed by him or
appears in some manner to the court, such true
name shall be inserted in the complaint or
information and on record.
-
CHAMP 2C 2002
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Section 9. CAUSE OF THE ACCUSATION.
The acts or omissions complained of as
constituting the offense and the qualifying and
aggravating circumstances must be stated in
ordinary and concise language and not
necessarily in the language used in the statute,
but in terms sufficient to enable a person of
common understanding to know what offense is
being charged as well as its qualifying and
aggravating circumstances and for the court to
pronounce judgment.
Purpose:
The factor that characterizes the charge is the actual
recital of the facts and not the title or specification of
the provision of law alleged to have been violated.
Reiterates purpose:
a) To furnish the accused of the description of
the charge against him and enable him to
make his defense
b) Avail himself of protection against further
prosecution for the same cause (in case of
conviction or acquittal)
c) To inform the court of the facts alleged so
that it may decide whether they are sufficient
to support conviction.
Negative Allegations:
radius
IRRELEVANT
1. rape
2. dangerous drugs law
CHAMP 2C 2002
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CHAMP 2C 2002
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and with leave of court. The court shall state its
reason
If it appears that at any time before judgment that
a mistake has been made in charging the proper
offense, the court shall dismiss the original
complaint or information upon filing of a new one
charging the proper offense in accordance with
sec 19 rule 119, provided that the accused shall
not be placed in double jeopardy
First paragraph AMENDMENT
BEFORE PLEA
Prosecution
is
free to amend in
form
or
in
substance
provided it does
not
downgrades/exclu
des
without leave of
court
ex. Homicide
murder
(necessarily
included,
ingredient
or
element)
BEFORE PLEA
WHICH
DOWNGRADES
OR EXCLUDES
through motion by
prosecutor only
with leave of court
with notice to
offended party
AFTER
PLEA
DURING TRIAL
formal
amendment only,
no substantial
provided,
no
prejudice to the
rights
of
the
accused
with leave of court
nd
no need for a 2
plea
or
arraignment
SUBSTITUTION
- substantial only
- always with leave of
court because original
information has to be
dismissed before a new
one is filed
needs
a
new
preliminary investigation
and arraignment for the
new charge
- presupposes a new
information involving a
different offense NOT
necessarily included in
the original charge
Cannot invoke double
jeopardy because there
is no identity of offenses
CHAMP 2C 2002
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Change of venue of Preliminiary investigation
DOJ
has the power since it has control and supervision of
the conduct of the PI.
Transitory and Continuing Offense:
where consummation occur in one municipality or
territory and some in another,
court of either
has jurisdiction to try the offense. (concurrent)
TRANSITORY CRIMES
where any of the
essential ingredients
took place
first court taking
cognizance
shall
exclude the others
estafa, malversation,
abduction
CONTINUING CRIMES
consummated in one
place, yet by the
nature
of
the
offense, is deemed
continuing
libel, rebellion
CHAMP 2C 2002
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Section 16. INTERVENTION OF OFFENDED
PARTY.
Where the civil action for recovery of civil liability
is instituted in the criminal action pursuant to
Rule 111, the offended party may intervene by
counsel in the prosecution of the offense.
* Generally, the prosecution is under the direction and
control of the fiscal. However, the offended party may
intervene in the proceeding, personally or by counsel,
especially in cases of private crimes.
Prosecution of offenses is a public function.
Exception,
(When no motion to intervene allowed):
When the offended party
a. waives his right to a civil action or
b. expressly reserves his right to institute a civil
action for damages arising from the offense
charged.
c. When he has actually instituted the civil action
arising from offense.
RULE 111 PROSECUTION OF CIVIL ACTION
through
CHAMP 2C 2002
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when a separate civil action is instituted may civil
liability for attorneys fees be recovered.
(???)
Section
2.
SEPARATE
CIVIL
ACTION
SUSPENDED.
After criminal action has commenced, the
separate civil action arising therefrom cannot be
instituted until final judgment has been entered in
the criminal action.
If the criminal action is filed after the said civil
action has already been instituted, the latter shall
be SUSPENDED, in whatever stage is may be
found, before judgment on the merits. The
suspension shall last until final judgment is
rendered in the criminal action. Nevertheless,
before judgment on the merits is rendered on the
civil action, the same may, upon motion of the
offended party, be consolidated with the criminal
action in the court trying the criminal action. In
case of consolidation, the evidence already
adduced in the civil action shall be deemed
automatically reproduced in the criminal action
without prejudice to the right of the prosecution to
cross examine the witness and of the parties to
present additional evidence. The consolidated
criminal and civil action shall be tried and decided
jointly.
During the pendency of the criminal action, the
running of the period of prescription of the civil
action, which cannot be instituted separately or
those whose proceeding has been suspended
shall be tolled.
GENERALLY,
The extinction of the penal action does not carry
with it the extinction of the civil action.
EXCEPTION,
However, the civil action based on delict shall be
deemed extinguished if there is a finding in final
judgment in the criminal action that the act or
omission from which the civil liability may arise
DID NOT EXIST.
* Generally, CRIMINAL ACTION PROCEEDS AHEAD
OF CIVIL ACTION (which has been reserved by the
offended party).
* And therefore, the civil liablity arising from crime
must be suspended (if it was filed before the criminal
action) or cannot be instituted (if none yet) during the
pendency of the criminal action.
* All these must await the final judgment in the
criminal action.
* Exception
prejudicial question (P/Q)
* NEVERTHELESS, they may be consolidated and
tried and decided jointly.
CHAMP 2C 2002
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Why consolidate?
A court may order several actions pending before it to
be tried together when they arise from the same act,
even or transaction, involve the same issues and
substantially the same evidence, in order to:
a. avoid multiplicity of suits
b. guard against oppression and abuse
c. prevent delays
d. clear congested dockets
e. simplify the work
oo nga naman
In short, the attainment of justice at the least expense
and vexation possible.
Effects of Acquittal:
Extinction of the penal action does NOT carry with it
the extinction of the civil. However, the civil liability
based on delict may be extinguished if there is a
finding in a final judgment that the act or omission
from which the civil liability may arise did not exist.
this refers only to the civil liability deemed instituted
in the criminal action (Art 100 RPC)
Duty of Court to award Civil Liability no matter what:
It seems fairly obvious, however, that despite the
ACQUITTAL of the accused, then the court
should AWARD civil liability to the offended party.
When to award even in acquittal:
a. acquittal based on reasonable doubt
b. decision contains a declaration that the
liability of the accused in not criminal but
only civil
c. civil liability is not derived from the criminal
act of which he was acquitted.
This duty may be compellable by mandamus
Except, NO AWARD: if there was a finding of final
judgment the act or omission from which the civil
liability may arise did not exist. (Here the civil liability
based on crime is extinguished.)
In other words, the acquittal based on the finding
that the facts upon which the civil liability did not exist,
bars the civil action based on crime.
The civil liability based on quasi-delict is NOT
extinguished even by such finding of final judgment
the act or omission from which the civil liability may
arise did not exist.
Ex. Person charged with homicide. Pleaded selfdefense. Naturally, he will be acquitted.
Here, his civil liability for the crime (art 100 RPC) is
also extinguished by virtue of acquittal. After all, he
has no criminal liability at all.
In an independent civil action for quasi delict, the
acquittal or conviction in the criminal case is
ENTIREEEELY IRRELEVANT in the civil case.
Section 3. INDEPENDENT CIVIL ACTION.
In cases provided in Art 32,33,34, 2176, the
independent civil action may be brought by the
offended party. It shall proceed independently of
the criminal action and shall require only a
preponderance of evidence. In no case, however,
may the offended party recover damages 2x for
CHAMP 2C 2002
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a.
b.
c.
d.
Scope of PI:
it is merely inquisitorial
only to discover the persons who may be
reasonably charged with a crime
it is NOT a trial on the merits
does NOT place the person in jeopardy
Nature:
Statutory in character and may be invoked only
when specifically created by statute.
Where there is no statute, the same cannot be
demanded
NOT a fundamental constitutional right,
may be WAIVED expressly or by silence.
(waived only by the accused alone, and upon
failure to invoke right at the time of plea)
Component part of due process, hence a
SUBSTANTIAL RIGHT.
(What are the elements of due process?)
(Notice and hearing only)
(PI becomes and element only if granted by the
statute)
*similarly, bail and appeal are not elements of the due
process except when granted by constitution or by
law
- Probable cause merely implies probability of guilt
and should be determined in summary manner. PI is
NOT part of the trial and it is only in a trial where an
accused can demand full exercise of his rights.
(Hence, there is no right to cross-examine at PI.)
- A PI or reinvestigation is summary in nature.
Prosecutor needs only to see complainants sworn
statements and that of his witnesses and the counteraffidavits of the respondent and his witnesses.
- There is therefore no right to cross-examination.
Absence of PI:
Hence, an absence of a PI is NOT a ground to
quash the complaint or information.
Does not impair validity of complaint or
information, or make it defective, nor the warrant
of arrest
Does not justify accuseds release
It does not affect the courts jurisdiction, but
merely the regularity of the proceedings.
CHAMP 2C 2002
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* How does the absence affect the regularity of
proceedings?
when there was no PI, the accused may
invoke the same and raise the issue in court,
before entering their plea, the court, instead of
dismissing the complaint, should conduct such
investigation or order fiscal to do so, or remand
case to inferior court so that a PI may be
conducted. (In short, the court SUSPENDS its
proceedings before arraignment.)
Waiver:
The right to PI may be waived by failure to invoke
the right prior to or at least the time of the plea
(during arraignment). After a plea of not guilty is
entered, the accused is deemed to have
foregone the right of PI and abandoned the right
to question any irregularity that surrounds it.
It must be made expressly or impliedly, in a clear
and unequivocal manner.
The right is not waived even if the accused had
filed an application for bail, and arraigned over
his objections and the trial on the merits had
already begun, and where the accused had from
the beginning demanded the a PI be conducted,
and had forthwith brought the cause on certiorari
to the SC.
Presumption of regularity:
- In the absence of evidence to the contrary, the Court
will presume that the fiscal or officer who conducted
the PI did so in accordance with law.
Effect of lack of certification:
The lack of authentication or certification of the
fiscal conducting the PI does not impair the
validity of the information filed.
These may all
be better ventilated during the actual trial rather
than at the PI stage.
Substitutions:
conduct new PI
If after PI, a case is already filed in Court and
was dismissed because a new complaint will be
filed by substitution (charging a different offense
based on the same PI), he must conduct another
PI.
Matter of fair play to conduct a new PI should he
raise the category of the offense
Amendment:
new PI not necessary
No PI is necessary when there is only an
amendment and which does not change the
nature of the crime charged.
Where the amendment is not substantial
Formal amendment only
Cognate offense
Crime originally charged is related to the
amended charge and an inquiry would elicit
substantially the same facts
* But where the information is null and void on its
face, (as when there is lack of authority to file the
b.
c.
d.
e.
f.
CHAMP 2C 2002
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* It is in effect, the REALISTIC JUDICIAL APPRAISAL
of the merits of the case.
JUDICIAL INQUIRY.
Judicial because there is an opportunity to be heard
and for the production and weighing of evidence and
a decision is rendered thereon.
Substantive due process intrinsic validity of the law
Procedural due process law which hears before it
condemns, proceeds upon inquiry, and renders
judgment only upon evidence presented (This is your
Constitutional Law!!!)
* Investigator, although not a judge but a quasijudicial officer,
impartial, cold neutrality of an
impartial judge.
2 Stages: CI and PI (old distinction)
Criminal investigation the fact-finding inquiry,
gathering of evidence, and interview of witnesses,
PI ascertaining if there is sufficient evidence to bring
a person in trial. (prima facie case)
The law enforcer who conducted the criminal
investigation (gathering evidence, filed complaint),
cannot be allowed to conduct the preliminary
investigation of his own complaint. One cannot be a
prosecutor and a judge at the same time.
But now, THERE IS ONLY 1 STAGE.
Probable Cause: (PC)
such facts and circumstances which would lead a
reasonably prudent, and discreet man to believe
that an offense was committed and that the
person sought to be charged may have
committed such crime.
Based on opinion and reasonable belief only, not
actual certainty, nor only clear and convincing
evidence, nor on beyond reasonable doubt
That more likely than not that a crime has been
committed and was committed by the suspects
More than bare suspicion, less than certainty to
justify conviction
Summary Nature Of PC Determination In PI:
There is no need for full and exhaustive display
of evidence. It is for the presentation only of such
evidence as may engender a well-grounded
belief that an offense has been committed and
that the accused if probability guilty thereof.
Summary in nature decide merely on the
affidavits and counter-affidavits presented
Low quantum of evidence need to support a
finding of PC
No full exercise of rights (right to confront and
cross-examine),
but the accused may propound question thru
the investigating officer
*warrant of arrest may be issued, even before
completion of entire PI proceeeding
see Rule 112 sec 6 authorizing judge to order
arrest even before the end of PI, if the court is
satisfied that a PC exists and the arrest is needed to
CHAMP 2C 2002
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put the accused under immediate custody in order not
to frustrate the ends of justice.
Presence of Counsel:
NOT MANDATORY in PI, because PI is merely
summary and a public proceeding, there is
nothing adversarial because it is based on
affidavits only. (no evil sought to be avoided is
present)
Recent jurisprudence; yes the counsel must be
present during the PI as the accused may not be
well-versed in the science of the law
Note that even in a Custodial Investigation, there
is already a right to counsel, what more in a PI.
Right to Discovery Procedures
Respondent shall have the right to examine the
evidence submitted by the complainant which he
may not have been furnished and to copy them at
his expense. If the evidence is voluminous, the
complainant may be required to specify only
those which he intends to raise against the
respondent, and these shall be made available
for examination or copying at the respondents
expense.
Designation of Offense:
What is stated in the affidavits is not conclusive
as to the true nature of the crime
Accuseds Presence or Absence in PI:
presence of the accused in the PI is NOT a
condition sine qua non for the validity of the
proceedings
what is important is that efforts were made to
reach him, and an opportunity to controvert the
evidence of the complaint were afforded him
a
PI ex-parte may be conducted if he does not
appear
Completion of PI:
No motion for reconsideration (MR) shall be
entertained after the information has been filed in
court, except only upon the order of the court.
Section 4. RESOLUTION OF THE INVESTIGATING
OFFICER/ REVIEW.
If the investigating prosecutor finds cause to hold
the respondent for trial
prepare the resolution and information
certify under oath that he has personally
examined the complainant and his witnesses, that
there is reasonable ground to believe that a crime
has been committed and the accused is probably
guilty thereof, that the accused was informed of
the complaint and the evidence submitted against
him, and that he was given opportunity to submit
controverting evidence
Otherwise (if he finds no cause to hold the
respondent for trial), he shall recommend the
dismissal of the complaint.
CHAMP 2C 2002
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Section 5. RESOLUTION OF JUDGE and REVIEW.
(WHERE MTC JUDGE CONDUCTED PI)
Within 10 days after PI, the investigating judge
shall transmit the RESOLUTION OF THE CASE to
the provincial for appropriate action. The
resolution shall state the findings of fact and law
supporting such action together with the
RECORDS of the case: (warrants, affidavits,
counter-a, other supporting evidence, undertaking
of bail, transcripts of proceedings of PI, order of
cancellation of bail bond)
Within 30 days after the receipt of RECORDs, the
provincial shall review the resolution of the
investigating judge on the existence of PC. The
ruling shall expressly and clearly state the facts
and the law on which the same was based and the
parties shall be furnished with copies thereof.
They shall aslo order the release of the accused
who is detained if no PC is found.
* After filing of complaint, MTC judge has 10days to
terminate PI and act upon it and decide (sec 4)
* After such termination, MTC judge has 10 days to
resolve and to transmit the records of the PI case to
the prosecutors. (sec 5)
* After transmittal, prosecutors have 30 days from
receipt to review the resolution of the MTC judge.
PI by MTC Judge
may not change the
nature of the crime
charged after the PI
must make a finding
whether or not there
is prima facie case
even if he is a judge,
he is performing a
non-judicial function
(ministerial duty)
CHAMP 2C 2002
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arrested pursuant to a warrant issued by the
(MTC) judge who conducted the PI
(If he has already been arrested, the judge must
within the same period of 10 days, determine the
existence of PC and issue a commitment order.)
In case of doubt on the existence of PC, the
judge may order the prosecutor to present
additional evidence within 5 days from notice and
the issue must be resolved 30 days from filing of
complaint or information.
(Judge may also disregard the prosecutors report
and require the submission of additional evidence to
determine existence of PC.)
b. By MTC The PI cases falling under the
original jurisdiction of MTC, MTCC. MCTC may be
conducted by either the judge or prosecutor.
When conducted by prosecutor, the procedure
is the same as above section (a). If his findings
and recommendations are affirmed by the
provincial he shall issue a WOA. However,
without waiting for the conclusion of the
investigation, the judge may issue a WOA if he
finds after an examination in writing and under
oath of the complaint or witnesses in the form of
searching questions and answers, that a PC
exists and that there is a necessity of placing the
respondent under immediate custody in order not
to frustrate the ends of justice.
c. When WOA not necessary A WOA shall not
issue if the accused is already under detention
pursuant to a warrant issued by the MTC in
accordance with (b) of this section or is for an
offense penalized by a fine only. The court shall
then proceed in the exercise of its original
jurisdiction.
* Judge is the only person authorized to determine
personally the existence of probable cause.
* He must personally evaluate the prosecutors report,
the evidence adduced during the PI.
Offenses that may be filed with MTC for PI (MTC
judge will conduct PI):
Personally Examine:
No WOA shall issue except upon probable
cause to be determined personally by the judge
examining under oath or affirmation the
complainant or the witnesses he may produce,
particularly describing the place to be searched
or things or persons to be seized.
Personal knowledge
Personal examination records
-
Summary:
1. If the person lawfully arrested without a warrant
for an offense which requires a PI, BEFORE a
complaint or information is filed, he may ask for
the PI (with the Inquest Officer) but must sign the
WAIVER. Such PI must be terminated within 15
days.
2. If the person is lawfully arrested without a warrant
for an offense which requires a PI, AFTER the
complaint or information is filed, he may ask for
PI within 5 days from the time he learns of the
filing (with right to adduce evidence)
INQUEST:
an informal and summary investigation
conducted by a public prosecutor in a criminal
case involving persons arrested and detained
without the benefit of a WOA, for the purpose of
determining whether or not said persons should
remain under custody.
PI
Arrested with warrant of
arrest
CHAMP REYNO 2C 2002
INQUEST
Arrested without warrant
of arrest
CHAMP 2C 2002
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What are the safeguards to his rights (person arrested
without a WOA): in an INQUEST
DOJ Circular 61 requires the arresting officer to
bring him before the inquest fiscal who shall
determine whether or not person should remain
in custody or be released for lack of evidence or
for further investigation.
Report of inquest fiscal must be reduced in
writing
Report must be SIGNED by the accused.
(thumbmark will do if he is no-read-no-write)
Section 8. RECORDS
A complaint or information filed in court shall be
supported by affidavits and counter-affidavits of
the parties and their witnesses, together with
other supporting evidence and the resolution of
the case.
The record of the PI (whether conducted by judge
or prosecutor), shall NOT form part of the record
of the case.
Why not? it is useless!! an exercise in futility. PI is
only summary in nature, no hearing was conducted
on the affidavits.
However, the court, on its own initiative or motion
of any party, may order the production of the
record or any of its part necessary in the
resolution of the case or any incident therein, or
when it is to be introduced as an evidence in the
case by the requesting party.
Section 9. CASES NOT REQUIRING PI
See book. Same provisions. See comments under
sec 6.
CHAMP 2C 2002
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-Person understands that he is in the power of the
one arresting the arrest and submits in consequence
(conscious of restraint on his liberty)
Police Must Stand His Ground:
*No unnecessary force or unreasonable force
*Use only reasonable force necessary to secure and
detain the offender, overcome his resistance, prevent
his escape, recapture him if he escapes, and protect
himself from bodily harm.
Section 3. DUTY OF ARRESTING OFFICER.
It shall be the duty of the officer executing the
warrant to arrest the person and deliver him to the
nearest police station or jail without unnecessary
delay
Section 4. EXECUTION OF WARRANT.
The head of the office to whom the WOA was
delivered for its execution shall cause the warrant
to be executed within 10 days from receipt. Within
10 days after expiration of the period, the officer
to whom it is assigned for execution shall make a
report to the judge who issued it. In case of his
failure to effect the arrest, he shall state the
reasons therefor.
-
b.
c.
CHAMP 2C 2002
Page 21 of 56
Section 9. METHOD
WITHOUT WOA (BY
PRIVATE PERSON)
When making an arrest, a private person shall,
inform the person of the intention to arrest him
and the cause of the arrest,
unless the later is engaged
Section
10.
OFFICER
MAY
SUMMON
ASSISTANCE.
An officer making a lawful arrest may orally
summon as many persons as he deems
necessary to assist him in effecting the arrest.
Every person so summoned by an officer shall
assist him in effecting the arrest when he can
render such assistance without detriment to
himself.
Section 11. RIGHT TO BREAK INTO BLDG.
An officer, in order to make an arrest either WITH
OR WITHOUT WOA, may break into building or
any enclosure where the person sought to be
arrested is or is reasonably believed to be, if he is
refused admittance thereto, after announcing his
authority and purpose.
Section 12. RIGHT TO BREAK OUT.
Whenever an officer has entered a building or
enclosure, he may break out therefrom when
necessary to liberate himself.
Section 13. ARREST AFTER ESCAPE OR
RESCUE.
If a person lawfully arrested escapes or is
rescued, any person may immediately pursue or
retake him without a WOA at any time and any
place in the Philippines.
Section 14. RIGHT OF ATTORNEY AND RELATIVE
TO VISIT.
Any member of the Philippine bar shall, at the
request of the person arrested or of another
acting in his behalf, have the right to visit and
confer privately with such person in jail or in any
other place of custody at any hour of the day or
night. Subject to reasonable regulations, a relative
of the person arrested can also exercise the same
right.
*Any illegality in arrest must be raised before plea.
CHAMP 2C 2002
Page 22 of 56
-
corporate surety
property bond
cash deposit
recognizance
Purpose:
To ensure appearance of accused in court when
required by the court
Constitutional Basis Sec 13 Bill or Rights.:
- All persons, except those charged with offenses
punishable by Reclusion Perpetua, when the
evidence of guild is strong, shall before conviction, be
bailable by sufficient sureties or release on
recognizance as maybe provided by law. The right to
bail shall not be impaired even when the privilege of
writ of habeas corpus is suspended. Excessive bail
shall not be required.
constitutional right to bail
Concept:
- Flows from the presumption of innocence, hence he
may not be detained unless his guilt is proved beyond
reasonable doubt.
All persons, whether charged or not, are BEFORE
CONVICTION, entitled to bail as a matter of right. The
only exception here is when he is charged with a
capital offense and the evidence of guilt is strong.
In Custody
Right to bail accrues only when a person is
arrested or deprived of liberty.
One who is in custody of the law, may apply for
bail.
How custody acquired?
1. by virtue of W or Wless arrest
2. by virtue of voluntary submission to the
jurisdiction of the court (surrendering to the
proper authorities)
*need not be actually detained
*filing of case in court a person is already
subject to the jurisdiction of the court, hence he
may already file for bail
exception, Paderanga vs. CA case in the
hospital yet the lawyer of the accused manifested
to the court that he was submitting himself to the
court.
*Personal appearance necessary in application for
bail.
In applications for BAIL, the accused must be in
custody of law to be entitled to BAIL.
must have
personal appearance
you cannot file for bail when you are not yet
arrested. (premature)
The requirement for personal appearance or
constructive custody applies only in a petition for
BAIL. In other motions, non-appearance does not
CHAMP 2C 2002
Page 23 of 56
The appellate court may, motu proprio, or on
motion of any party, review the resolution of the
RTC after notice to the adverse party in either
case.
* Summary of Rules:
Before Conviction:
Generally, bail is a matter of right for all persons
charged criminally in the lower court
always
bailable as a matter of right
Bailable even if a,b,c,d,e circumstances
Exceptions, when he is charged with a capital
offense AND the evidence of guilt is strong
RTC shall only deny the bail as it is neither a
matter of right nor discretion
*When evidence is not strong, then it becomes
discretionary
BEFORE
RIGHT
all
offenses
whether charged
or not charged yet
- even if under the
a,b,c,d,e
circumstances
- even if charged
with
a
capital
offense but there
was no PI (trial
with
his
objections)
- conviction by
MTC, MCTC
AFTER
RIGHT
- conviction by
MTC, MCTC
-
DISCRETION
charged
with
capital offense
BUT evidence
of guilt weak
deportation
proceedings by
CID
DISCRETION
all
offenses
regardless of crime
charged
-
DENY
- charged with
capital offense
AND evidence
of guilt strong
- not available
for military
DENY
- penalty imposed
exceeds 6 years
AND under the
a,b,c,d,e
circumstances
- convicted with a
capital
offense,
even
if
he
appeals
After Conviction:
matter of discretion, regardless of the charge
If the court imposed a penalty of imprisonment
(meaning after conviction), exceeding 6 years
then bail is still a matter of discretion
Exceptions, when under any of the a,b,c,d,e
circumstances
RTC shall only deny bail, it is
not discretionary
On Appeal:
Even if there is no notice of appeal if the decision
of the trial court convicting the accused changes
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.
CHAMP 2C 2002
Page 24 of 56
Section 6. CAPITAL OFFENSE DEFINITON.
A capital offense is an offense which, under the
law existing at the time of its commission, and of
the application for admission to bail, may be
punished with death.
Refers to the imposable penalty as prescribed by
law, not what the court would eventually impose
(regardless of the attendant circumstances).
Why?
To allow bail on the basis of the penalty to be actually
imposed would require consideration not only of the
evidence of the commission of the crime but also
evidence of the aggravating and mitigating
circumstances. There would then be a need for a
complete trial, which would defeat the purpose of bail,
which is to entitle the accused of provisional liberty
pending trial. (Flows from the presumption of
innocence)
Section 7. CAPITAL OFFENSE NON-BAILABLE.
No person charged with a capital offense, or an
offense punishable by RP, or life imprisonment,
shall be admitted to bail, when evidence of guilt is
strong, regardless of the stage of the criminal
prosecution.
Why?
The exception to the fundamental right to be bailed
should be applied in direct ration to the extent of
probability of the evasion or escape of the accused of
his prosecution.
Hearing for Bail Mandatory:
for cases involving discretionary bail only (capital
punishment)
if its is a right, then there is no need for hearing
because it is always granted as a matter of right.
Hearing is required with the participation of both
the defense and a duly notified representative of
the prosecution to ascertain whether or not the
evidence of guilt is strong.
Prosecution for must be given opportunity to
present evidence, being entitled to due process
At the hearing, the accused may rightfully crossexamine the witness presented by the
prosecution and introduce his own evidence for
rebuttal.
Additional rules for pending or on appeal cases:
1. An accused is charged with a capital offense or
punishable by RP, and after trial is convicted, he
is no longer entitled to bail as a matter of right
because evidence of guilt is strong.
2. When an accused is charge with an offense
which under the law existing at the time of its
commission and time of application for bail is
punishable by < RP or RP and is out on bail, and
after trial is convicted for a lesser offense that
charge, he may be allowed to remain free
pending the resolution of appeal.
3.
CHAMP 2C 2002
Page 25 of 56
RA 6036
Recognizance instead of bail for penalty <6 mos
and/or fine <P2000.
* Instead of bail, he shall be required to sign a sworn
statement binding himself, pending the final decision
of his case, to report to the Clerk of Court periodically
CHAMP 2C 2002
Page 26 of 56
every 2 weeks. The court may in its discretion and
consent of the accused, require further that he be
placed under custody and subject to the authority of a
responsible person in the community who may be
willing to accept the responsible. Any violation of the
sworn statement, the Court shall order his immediate
arrest unless he files bail.
Youthful Offender unable to furnish bail, committed
to the care of the DSWD who shall be responsible for
his appearance in court whenever necessary.
Section 16. BAIL WHEN NOT REQUIRED.
No bail shall be required when the law or these
rules so provide.
When a person has been in custody for a period
equal to or more than the possible maximum
imprisonment prescribed for the offense charged,
he shall be released immediately, without
prejudice to the continuation of the trial or the
proceeding on appeal. If the maximum penalty to
which the accused may be sentenced is destierro,
he shall be released after 30 days of preventive
imprisonment.
A person in custody for a period equal to or more
than a minimum of the principal penalty
prescribed for the offense charged, without
application of the I.S.L. or any modifying
circumstance, he shall be released on a reduced
bail or on his own recognizance at the discretion
of the court.
Section 17. BAIL, WHERE FILED.
Bail in the amount fixed may be filed with the
court where the case is pending, or in the
absence or unavailability of the judge thereof,
with any RTC judge, MTC judge, MTC judge,
MCTC judge in the province or municipality. If the
accused is arrested in the province, city or
municipality other than where the case is
pending, bail may also be filed with any regional
trial court of said place, or if no judge thereof is
available, with any MTC, MTC, MCTC judge
therein.
Where the grant of bail is a matter of discretion, or
the accused seeks to be released on
recognizance, the application may be only filed in
the court where the case is pending, whether on
preliminary investigation, trial or appeal.
Any person in custody who is not yet charged in
the court may apply for bail with any court in the
province, city or municipality where he is held.
When bail is denied by the trial court, the remedy is
a special civil action in the CA and not in the SC.
Section 18. NOTICE TO PROSECUTOR.
CHAMP 2C 2002
Page 27 of 56
the court may then render judgment against the
bondsman for the amount represented by bail bond.
What are the Satisfactory Explanations Accepted:
1. act of god (principal dies before the
performance, performance of bond rendered
impossible)
2. act of obligee (creditor) if the court is
abolished without qualification
3. act of law when arrested by the State
where the obligation is given and sent out by
the governor, upon requisition of the
governor of another State (by request of
another state).
4. by surrender of the principal or his re-arrest
in the same manner
*3 situations above mean the sureties are
exonerated from their non-production of the
person of the accused.
When not exonerated: When Liable Still:
1. When the bondsman permitted accused to
escape, he is not exonerated.
2. When bondsman never delivered nor
attempted to deliver the body of the accused
to court
Other Charges, Other Proceedings:
The subsequent arrest of the accused on another
charge, or in other proceedings, while he is out
on bail does NOT operate ipso facto as a
discharge of his bail. Even if while in custody on
another charge, he escapes or again discharged
on bail, and his bails are bound to produce him.
Death of the Accused Principal:
The death of the principal after judgment on a
bail bond is obtained does not necessarily
release sureties from obligation
Death must be before breach (or demand by the
court).
Order of forfeiture conditional and interlocutory,
there being something more to be done such as the
production of the accused within 30 days.
Order of confiscation independent of the order of
forfeiture. It is a judgment ultimately determining the
liability of the surety, final and executory at once.
Section 22. CANCELLATION OF BAIL.
Upon application of the bondsman, with due
notice to the prosecutor, the bail may be
cancelled upon surrender of the accused or proof
of his death. The bail shall be deemed
automatically cancelled upon acquittal of the
accused, dismissal of the case or execution of the
judgment of conviction.
In all instances, the cancellation shall be without
prejudice to any liability on the bail.
CHAMP 2C 2002
Page 28 of 56
-
Ascertain
number
of
detainees,
proper
accommodation, health, conditions of jail
facilities... order segregation of sexes and minors
from adults, ensure observance of their right to
confer privately with counsel
A monthly report of such visitation shall be
submitted to the Court Administrator
Constitutional basis:
The employment of physical or psychological or
degrading punishment against any prisoner or
detainee or the use of substandard or inadequate
penal facilities under subhuman conditions shall be
dealt with by law.
Section 26. BAIL NOT A WAIVER.
An application for or admission to bail shall not
bar the accused from challenging the validity of
his arrest or the legality of the warrant issued
therefore, or from assailing the regularity or
questioning the absence of PI of the charge
against him, provided that he raises all of these
before entering his plea. The court shall resolve
the matter as early as practicable but not later
than the start of the trial of the case.
CHAMP REYNO 2C 2002
Due process
a.
substantive intrinsic validity of the law
(legislative power)
b. procedural a law which hears before it condemns,
proceeds with inquiry, and renders judgment only
after hearing the merits
Essence of Due Process:
-hearing before conviction and before an impartial and
disinterested tribunal
-BUT, judicial proceedings are NOT part of criminal
due process, except only when required by law
-Hence, due process need not always end up in a trial
- may be waived
Elements of Criminal Due Process:
1. court of competent jurisdiction
2. proceeded against the orderly process of law
3. punished only after inquiry and investigation
4. notice to accused and opportunity to be heard and
submit evidence
5. judgment awarded within the authority of the law
a. To be presumed innocent until the contrary is
proven beyond reasonable doubt
-
CHAMP 2C 2002
Page 29 of 56
Reasonable Doubt:
doubt engendered by an investigation of the
whole proof and the inability to let the mind rest
easy upon the certainty of guilt
b. To be Informed of the nature and cause of the
accusation against him
When is complaint or information sufficient:
see comments on Rule 110
reasonable certainty in the statement of the
crime, and the charge is set forth with such
particularity as will reasonably indicate the exact
offense
Accused must be Arraigned (Purpose):
see comments on Rule 116
a. to inform the accused of why he was indicted and
what penal offense he is faced (notify him of the
cause he is required to meet
b. to bring the accused into court
c. to know the precise charge
c.
CHAMP 2C 2002
Page 30 of 56
-He may waive only his right, but not his duty or
obligation to the court
Termination of the Trial in Absentia:
court will decide based upon the evidence
presented in court as he was already given an
opportunity to be heard
what the constitution guarantees him is a fair trial,
not a continued enjoyment of his freedom even if
his guilt is proved.
Absence cannot justify the delay.
Effects of Trial in Absentia: (escape)
loses his right to confront and cross-examine
loses his right to present evidence on his behalf
court will rule based on the evidence presented
by prosecution
court will not wait for his re-appearance/arrest
Right to Counsel:
included in the right to be heard
without a competent counsel, having skill in the
science of the law and rules of procedure, he
may be convicted not because he is guilty but
because he does not know how to establish his
innocence.
To minimize the imbalance in the adversarial
system where the accused is pitted against the
awesome prosecutory machinery of the state.
Available from the beginning of custodial
investigation all the way to judgment and appeal
Must be a reasonably effective counsel
Duty of the court to assign a counsel
Right to counsel
Custodial Investigation
- competent and
independent counsel
preferably his own choice
Why?
- directed against abuses
and evils of obtaining
confessions under the pain
of torture, etc.
Trial Proper
- reasonably effective
counsel
Why?
- since it is already a public
trial, no more evil,
- what is required is only that
he is able to prove his
innocence and defend
himself through counsel
d.
e.
production
of
inculpatory documents
giving of specimen
handwriting
forced re-enactments
Immunity Statutes:
Use Immunity
- prohibits the use of
coerced testimony to the
criminal prosecution itself
fingerprinting
photographing
standing,
walking,
making gestures
blood test
government documents
such
as
public
documents
and
corporation documents
which the government
has the right to inspect
Transactional Immunity
- grants immunity to the
witness for prosecution for
an offense to which his
compelled testimony relates
Purpose:
1. to cross examine the witness and test his
testimony
2. for the court to observe the deportment and
appearance of the witness and test his credibility
because this will serve as a basis for the
appellate court who no longer tries on the
facts and simply accepts the findings of fact
of the RTC
-
CHAMP 2C 2002
Page 31 of 56
Speedy Trial
- addressed to the partylitigants
When violated:
when a long period of time is allowed to elapse
without having the case tried and decided
When NOT violated:
by mere postponement with reasonable
continuance, provided there is an inquiry as why
there is a need for postponement
Remedy: Speedy Trial Act
1. motion to dismiss when the accused is not
brought to trial within the time limit, the
information may be dismissed on the motion of
the accused
2. mandamus to compel the dismissal of the
information or be release on habeas corpus if
detained
3. demand trial and then dismissal proceed with
the trial, with the prosecution presenting evidence
(and consequently), it fails to establish guilt
beyond reasonable doubt then he is acquitted
bar to another prosecution for the same offense
*all the 3 remedies for dismissal are equivalent to
acquittal and bars the subsequent prosecution of the
accused, even if it was at the instance of the accused.
Public Trial:
intended to protect the accused
so that the public may see that he is dealt fairly
and not unjustly condemned
sufficient if FRIENDS, RELATIVES, COUNSEL
are present, as long as no one is excluded
right may be waived
Right to Appeal:
merely a statutory right, not a constitutional right
must comply with the requirements of the Rules
ex. Certificate of non-forum shopping
15 day period for filing an appeal
may be waived = flight of the accused,
subsequent failure to appear.
CHAMP REYNO 2C 2002
CHAMP 2C 2002
Page 32 of 56
CHAMP 2C 2002
Page 33 of 56
trial judge must satisfy himself that the accused
pleading guilty is truly guilty in a searching inquiry
searching inquiry should include question
regarding the custodial investigation
plea of guilt must not therefore been given
improvidently
he must still be accorded his constitutional rights
(ie. The right to e informed of his right to present
evidence)
Improvident Plea
when the plea of guilt is the sole basis for the
judgment of conviction
Convictions based on improvident plea must be
set aside
Convictions must be predicated on evidence
proving the commission of the offense and not on
the plea alone
Hence, only a judgment that is based on a guilty
plea and some other evidence is a valid
judgment.
-
CHAMP 2C 2002
Page 34 of 56
3)
4)
During Arraignment
-affirmative duty
-inform the accused of his
rights and extend them to
him
-court must perform upon its
own motion
-court acts upon its own
volition,
regardless
of
whether
the
accused
requests it
-silence of the court is error,
unless the accused waives
such right
During Trial
-rights are exercised by the
accused himself
-accused must demand the
benefits
himself,
upon
request of the accused
-mere silence of the court is
not error
Waiver:
Failure to move for specifications deprives him of
the right to object to evidence which could be
lawfully introduced and admitted under such
information which is of more or less general
terms
Vagueness in the complaint or information can
therefore be cured by evidence
Sec 10. PRODUCTION OR INSPECTION OF
MATERIAL EVIDENCE.
Upon motion of the accused showing good cause
with notice to the parties, the court in order to
prevent
SURPRISE,
SUPPRESSION,
or
ALTERATION may order the prosecution to
produce and permit the INSPECTION, COPYING,
PHOTOGRAPHING of any written statement given
by the complainant and other witnesses in any
CHAMP 2C 2002
Page 35 of 56
for the quick determination of whether there is a
valid charge against the defendant
Factual and Legal Grounds:
facts outside the information may itself be
introduced to prove such grounds.
-
CHAMP 2C 2002
Page 36 of 56
-
Effects of MTQ:
hypothetically admits allegations of fact in the
information
Ex. MTQ on the basis of self-defense
It hypothetically admits the death of the
victim, and does not really admit the actual
killing, but merely says that ASSUMING he
killed him, then he has this defense of selfdefense.
Ex. MTQ on the basis of lack of jurisdiction
admits that ASSUMING that the crime
happened, the court however has no
jurisdiction
Want of Jurisdiction:
(This cannot be waived.
Want of jurisdiction
may be raised at any stage of the proceedings)
However, you cannot raise the want of
jurisdiction simultaneously with a defective
information
remember when you raise want of
jurisdiction it must be the only ground, otherwise,
to raise other grounds is to be inconsistent.
Want of Authority of Officer filing the Information:
a special prosecutor appointed by the SOJ to
sign and file informations has long been
recognized and such information cannot be
quashed on that ground.
Refer to Rule 112, Sec 4
Failure of the prosecution to furnish a copy of the
resolution of the PI is NOT a GROUND for MTQ.
A fiscal is without authority to file an information
for a crime committed outside his territorial
jurisdiction (jurisdiction of the prosecutor)
Waiver to MTQ:
when the accused pleads to an information
before he files a MTQ, it is deemed a waiver of all
objections as far as the pleadings are concerned.
However, want of jurisdiction cannot be waived
an may be raised any time, even after the
judgment!
Does not Conform to Prescribed Form:
complaint or information must enable a man of
common understanding to know what offense he
is charged of
see Rule 110, Sec 5-12
mere defects in form or those which do not tend
to prejudice the substantial rights of the accused
will not invalidate the judgment
Duplicity of Offenses:
may be waived, hence, he can be convicted of as
many offenses as are charged and proved
must be raised before entering his plea
PARDON
- looks backward and
relieves the offender from
the consequences of his
offense,
abolishes
or
forgives the PUNISHMENT
- courts take no judicial
notice
granted by President
may be granted by
offended party (certain
cases only)
granted
only
after
conviction
by
final
judgment, and provided
he has not appealed, or
his
appeal
be
withdrawn first
if granted by offended
party, must be before
the
institution
of
criminal proceedings
Prescription:
a) Death, RP, RT 20 years
b) Afflictive penalties 10 years
c) AM 5 years
d) Libel 2 years
e) Oral defamation, slander by deed 6 mos
f) Light offenses 2 mos
-
Effect of Prescription:
State loses its right to prosecute and punish an
offense, or to demand service of the penalty
imposed
Complaint or information is dismissed
Acquits the accused
Computation of Prescription see book
Contains Averments which Constitute a Legal Excuse
or Justification:
justifying circumstances Art 11 RPC
exempting circumstances Art 12 RPC
double jeopardy (see below)
Sec 4. AMENDMENT OF COMPLAINT OR
INFORMATION.
If the MTQ is based on ALLEGED DEFECT of the
complaint or information which CAN BE CURED
BY AMENDMENT, the court shall order that an
amendment be made.
If it is based on the ground that FACTS DO NOT
CONSTITUTE AN OFFENSE, the prosecution shall
be given by the court and opportunity to correct
the defect by amendment. The motion shall be
granted if the prosecution fails to make the
amendment, or the complaint or information still
suffers from the same defect despite amendment.
BASED
DEFECT
ON
ALLEGED
BASED ON FACTS DO
NOT CONSTITUTE AN
OFFENSE
- upon instance of accused,
not the court
- remedy: amendment
BUT, if the prosecution fails
to amend, or it still has the
same defect
- remedy: grant MTQ
CHAMP 2C 2002
Page 37 of 56
-
Remedy of accused:
not appeal
he should allow the case to go on to trial and
present his special defenses,
Once an adverse decision is rendered, he may
appeal therefrom in a manner authorized by law.
Sec 6. ORDER SUSTAINING THE MTQ NOT A BAR
TO ANOTHER PROSECUTION.
An order sustaining the MTQ is not a bar to
another prosecution for the same offense unless
the motion is based on the grounds of section 3g
and 3i of this rule
(3g extinction of criminal liability; 3i double jeopardy)
Sec 7. FORMER CONVICTION OR ACQUITTAL.
DOUBLE JEOPARDY.
(Double Jeopardy is a ground for MTQ!)
When an accused has been
a) convicted
b) or acquitted
c) or the case against him dismissed or
otherwise terminated without his express
consent
a)
b)
c)
CHAMP 2C 2002
Page 38 of 56
and of the offended party, except as provided
for in Rule 116, sec 1f.
In any of the foregoing cases, where the accused
satisfies or serves in whole or in part the
judgment, he shall be credit with the same in the
even of conviction for the graver offense.
2 kinds of Double Jeopardy:
Same Offense
- conviction/ acquittal NOT
necessary
- needs only to be placed in
jeopardy of prosecution
Same Act
conviction/
necessary
acquittal
Jeopardy:
when a person is placed in peril because of a
crime charged before the court
When he is charged with an offense and the case
is terminated either by acquittal or conviction, or
in any manner without the consent of the
accused, the latter cannot be again charged with
the same or identical offense.
Second Jeopardy = not really the peril of second
judgment, but peril of being tried and prosecuted
again for the same offense
Requisites of Double Jeopardy:
1) First jeopardy
2) first jeopardy
must have
must have been
attached
validly terminated
- see table below
-not merely
capricious
-assumes a valid
acquittal, and a
valid judgment
-not based on
GADALEJ
dismissal
3) second
jeopardy must e
for the same
offense, or an
offense which
includes, or is
necessarily
included in the
offense first
charged
- also includes the
attempt or
frustration of the
crime
-BUT, see 3
exceptions
amounts
proceedings
ACQUITTAL
-always on the merits,
because evidence does not
show
guilt
beyond
reasonable doubt
Dismissal may be an
acquittal if: (can invoke DJ)
a) dismissal is based on a
DEMURRER
TO
EVIDENCE filed by the
accused
after
the
prosecution has rested
(judgment
on
the
merits)
b) dismissal is made on
the motion of the
accused because of the
DENIAL OF RIGHT TO
SPEEDY TRIAL
c) discharge accused as
STATE WITNESS
operates as acquittal,
except when he does
not fulfill his promise to
testify
CHAMP 2C 2002
Page 39 of 56
c)
Accused:
a) plea to a lesser offense
b) change plea of NG to G to
some counts of a multi-count
indictment
c) change plea of NG to G
In Exchange for:
a) in return for a dismissal of
other counts
b) in return for dismissal of
other counts
c) waiver by the offended
party of the civil liability and
damages, in whole or in part
CHAMP 2C 2002
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d) change plea of NG to G
d)
b)
c)
d)
e)
f)
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Sec 7. PUBLIC ATTORNEYS DUTY WHERE
ACCUSED IS IMPRISONED.
If the public attorney assigned to defend a person
charged with a crime knows that the latter is
preventively detained, either because he is
charged with a bailable crime but has no means
to post bail, or is charged with a non-bailable
crime, or is serving a term of imprisonment in any
penal institution, it shall be his duty to do the
following:
a) promptly undertake to obtain the presence of
the prisoner for trial, or cause a notice to be
serve on the person having custody of the
prisoner requiring such person to so advice
the prisoner of his right to demand trial
b) upon receipt of that notice, the custodian of
the prisoner shall promptly advice the
prisoner of the charge and of his right to
demand trial. If at any time thereafter, the
prisoner informs his custodian that he
demands such trial, the latter shall cause
notice to that effect to be sent promptly to the
public attorney.
c) Upon receipt of such notice, the pubic
attorney shall promptly seek to obtain the
presence of the prisoner for trial
d) When the custodian of the prisoner receives
from the PA a properly supported request for
the availability of the prisoner for purposes of
trial, the prisoners shall be made available
accordingly.
Sec 8. SANCTIONS. see book.
Sec 9. REMEDY WHERE THE ACCUSED IS NOT
BROUGHT TO TRIAL WITHIN THE TIME LIMIT.
If the accused is not brought to trial within the
time limit required by rule 116, sec 1g, the
information may be dismissed on the motion of
the accused on the ground of denial of his right to
speedy trial. The accused shall have the burden of
proving the motion but the prosecution shall have
the burden of going forward with the evidence to
establish the exclusion of time under sec 3 of this
rule. The dismissal shall be subject to the rules on
DJ. Failure of the accused to move for dismissal
prior to trial shall constitute a waiver of the right
to dismiss under this section.
Sec 10. SPEEDY TRIAL NOT A BAR
No provision of law on speedy trial and no rule
implementing the same shall be interpreted as a
bar to any charge of denial of the right to speedy
trial guaranteed in the constitution.
-
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excluded in computing the time within which trial
must commence, no exclusion is allowed during
the trial. IN no case shall the entire trial period
exceed 180 days from the day of first trial, except
as otherwise authorized by the SC.
Sec 11. ORDER OF TRIAL.
The trial shall proceed in the following order:
a) PROSECUTION shall present evidence to
prove the charge and in the proper case, civil
liability.
b) The ACCUSED may present evidence to prove
his defense and damages, if any, arising from
the issuance of a provisional remedy in the
case.
c) The PROSECUTION AND DEFENSE, in that
order, present REBUTTAL AND SURREBUTTAL evidence unless the court in
furtherance of justice, permits them to
present additional evidence bearing upon the
main issue.
d) Upon admission of the evidence of the
parties, the case shall be DEEMED
SUBMITTED FOR DECISION, unless the court
directs them to argue orally, or submit written
memoranda.
(90 days from last evidence, last trial date, or last
pleading filed.)
e) 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.
-burden of proof is generally on the prosecution
If the accused pleads not guilty
NEGATIVE DEFENSE
- requires the
PROSECUTION to prove
guilt beyond reasonable
doubt
Ex. Alibi, denial
AFFIRMATIVE DEFENSE
- modifies the order of trial
- requires the ACCUSED to
prove such defense by clear
and convincing evidence
Ex. Self-defense, justifying
or exempting circumstance
OF
WTINESS
FOR
no
Requisites of a Discharge:
1) prosecution must have presented evidence with a
sworn statement of the proposed state witness
2) 5 requisites above.
3) Must be ordered at any time before the accused
and defendants have starts to offer any evidence.
Conspiracy:
when there is a conspiracy, and the crime was
committed clandestinely, with no other witnesses,
the discharge of the conspirator is necessary to
testify against the other conspirator.
Remedy when discharge not granted:
Certiorari.
Effects of a Discharge:
1) evidence adduced in support of a discharge shall
form part of the trial
hence, if the court denies the motion to
discharge, the sworn statement of the accused is
held inadmissible in evidence (meaning his
testimony CANNOT be used against him)
2) discharge of the accused operates as an aquittal
and a bar to further prosecution for the same
offense
Exception, when he fails or refuses to testify
against his co-accused in accordance with his
sworn statement.
3) any future development showing that any or all of
the conditions have actually not been fulfilled,
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CANNOT, affect the legal consequences of the
discharge
Irregular Discharge:
the improper discharge of an accused will not
render inadmissible his testimony nor detract
from his competency as a witness
Sec 19. MISTAKE IN CHARGING THE PROPER
OFFENSE.
When it has become manifest at any time
BEFORE JUDGEMENT, that a mistake has been
made in charging the proper offense, and the
accused cannot be convicted of the offense
charged, or any other offense necessarily
included therein, the accused shall not be
discharged if there appears good cause to detain
him. In such case, the court shall commit the
accused to answer for the proper offense and
dismiss the case upon the filing of the proper
information.
(This is a case of substitution.)
Sec
20.
APPOINTMENT
OF
ACTING
PROSECUTOR.
When a prosecutor, his assistant or deputy is
disqualified to act due to any grounds stated in
sec 1 of Rule 137 or for any other reason, the
judge or the prosecutor shall communicate with
the SOJ in order that the latter may appoint an
acting prosecutor.
Sec 21. EXCLUSION OF THE PUBLIC.
The judge, may motu proprio, exclude the public
from the court room if the evidence to be
produced during the trial is offensive to the
decency or public morals. He may also on motion
of the accused, exclude the public from the trial
except court personnel and the counsel of the
parties.
Sec 22. CONSOLIDATION OF TRIALS OF
RELATED OFFENSES.
Charges for offenses founded on the same facts
of forming a series of offenses of similar
character may be tried jointly at the discretion of
the court.
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2)
CONVICTION
It shall state:
1) the legal qualifications
of
the
offense
constituted by the acts
committed
by
the
accused
2) aggravating
or
mitigating
circumstances
which
attended
the
commission
3) participation of the
accused, whether as
principal, accomplice or
accessory after the fact
4) penalty imposed on the
accused
5) civil liability or damages
caused by his wrongful
act or ommission to be
recovered from the
accused
by
the
offended party, if any,
(unless civil liability is
reserved or waived).
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2)
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city, the judgment may be promulgated by the
clerk of court.
If the accused is confied or detained in another
The proper clerk of court shall give notice to the
accused personally or through his bondman
requiring him to be present at the promulgation of
judgment
If the accused FAILS TO APPEAR at the
scheduled date of promulgation of judgment
despite notice, the promulgation shall be made by
recording the judgment in the criminal docket and
serving him a copy thereof
If the judgment is for conviction, and the failure of
the accused to appear is without justifiable cause,
he shall lose all remedies available in these Rules
against the judgment and the court shall order his
arrest. Within 15 days from promulgation, the
accused may surrender and file a motion for leave
of court to avail of these remedies. He shall state
the reasons for his absence at the scheduled
promulgation and if he proves that his absence
was for a justifiable cause, he shall be allowed to
avail of said remedies within 15 days from notice.
When:
within 90 days from the submission of the case
for decision
How:
promulgated in its entirety = including civil
liability, otherwise, first jeopardy is not yet
terminated
requiring appearance of accused, except for light
offenses
Effect of Failure to Appear:
waiver of right to appeal and avail of remedies
against the judgment
Remedy:
accused must show up within 15 days, surrender
and file a motion for leave of court
must state reasons for his earlier absence
and that his absence was for a justifiable cause
Sec 7. MODIFICATION OF JUDGMENT.
A Judgment of conviction may upon MOTION OF
THE ACCUSED, be modified or set aside before it
becomes final or before appeal is perfected.
Except where the death penalty is imposed, a
judgment becomes final after the lapse of the
period for perfecting an appeal or when the
sentence has been partially or totally satisfied or
served, or when the accused ha waived in writing
his right to appeal or has applied for probation.
Why modify (instance of accused):
grounds of harsh penalty, failure to consider
circumstances
Conviction
May be Modified (only upon
motion of accused)
- and before the judgment
has become final or appeal
has been perfected
- where death penalty is
imposed, there is automatic
review by SC
Becomes Final
- after lapse of period for
perfecting appeal
- sentence has been partially
or totally satisfied
- accused has expressly
waived in writing his right to
appeal
- accused has applied for
probation
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-
Reconsideration
Grounds:
1) errors of fact and law in
the JUDGMENT
- previous adjudication is
also wiped out, original
judgment is also set aside
and vacated
previous adjudication is
wiped out
Except, when the order
granting new trial is
restricted to particular
issues only
CHAMP 2C 2002
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usually
before
presentation
of
evidence
may be a
ground, provided there
are
other
circumstances
Effects:
1) all the proceedings and
evidence
affected
thereby shall be set
aside and taken anew
2) Original judgment is set
aside or vacated, new
judgment
rendered
accordingly
Case of Dismissal:
ACQUITTAL IS A GROUND
FOR DJ
- demurrer to evidence
- deprivation of right to
speedy trial
ACQUITTAL IS NOT A
GROUND FOR DJ
- dismissal is made with the
express consent of accused
- dismissal is not based on
consideration of evidence or
merits
- questions are purely legal
(in which case it has to be
remanded to lower court)
No DJ:
Appeal to SC
- other cases
By filing a
notice
of
appeal
with
the
court
which
rendered the
judgment
or
final
order
appealed from
By serving a
copy to the
adverse party
- for cases
where the RTC
imposed
a
penalty death,
no notice of
appeal
is
necessary
- for all other
appeals to the
SC,
by
a
petition
for
review
on
certiorari
under Rule 45
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Sec 8. TRANSMISSION OF PAPERS TO
APPELLATE COURT.
Within 5 days from the filing of the notice of the
appeal, the clerk of court with whom the notice of
appeal was filed must transmit to the clerk of
court of the appellate court the complete records
of the case, together with said notice
Sec 9. APPEALS TO RTC.
a) within 5 days from perfection of appeal, the
clerk of court shall transmit the original
record to the appropriate RTC
b) upon receipt of the complete records of the
case the clerk of court of the RTC shall
notify the parties of such fact
c) within 15 days from receipt of said notice, the
parties may submit a memoranda or briefs
After submission the RTC shall decide the
case on the basis of the entire record of the
case of such memoranda or briefs as may
have been filed.
Sec 10. TRANSMISSION OF RECORDS IN CASE
OF DEATH PENALTY.
In all cases where the DP is imposed by the RTC,
the records shall be forwarded to the SC for
AUTOMATIC REVIEW and judgment within 5 days
th
after the 15 day following the promulgation of
the judgment
Sec 11. APPEAL BY ANY OF SEVERAL
ACCUSED.
a) An appeal taken by one or more of several
accused shall NOT affect those who did not
appeal, except insofar as the judgment of the
appellate court is FAVORABLE and applicable
to the latter.
(Ex. When 5 are convicted, 2 appealed. On appeal
they were exonerated, the other 3 are also
exonerated because the judgment was favorable to
them.
Penal laws are to be construed in favor of
the accused)
b) The appeal by the offended party from civil
liability shall not affect the criminal aspect of
the judgment or order appealed from
c) Upon perfection of appeal, the execution of
the judgment of final order appealed from
shall be stayed as to the appealing party.
Sec 12. WITHDRAWAL OF APPEAL .
Notwithstanding the perfection of appeal, the
RTC, MTC, MCCC, MTC, MCTC, 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. Also, may allow the appellant to
withdraw his appeal provided a motion to that
effect is filed before rendition of judgment of the
court of origin shall become final and the case
shall be remanded to the latter court for execution
of judgment.
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1)
2)
3)
9)
10)
11)
12)
dilatory motions
reply
third party complaints
interventions
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Sec 13. QUORUM, CERTIFICATION, APPEAL TO
SC.
Three (3) justices of the CA shall constitute
quorum for the sessions of the divisions. The
unanimous vote of the 3 justices of a division
shall be necessary for the pronouncement of a
judgment or final resolution, which shall be
reached in consultation before the writing of the
opinion by a member of the division. In the event
that the 3 justices cannot reach a unanimous
vote, the Presiding Justice shall direct the raffle
committee of the court to designate 2 additional
justices to sit temporarily with them, forming a
special division of 5 members and the
concurrence of the majority (which of course is also
3) of such division shall be necessary for the
pronouncement of a judgment or final resolution.
The designation of such additional justices shall
be made strictly by raffle and rotation among all
other justices of the CA.
Whenever the CA finds that the penalty of Death,
RP or life imprisonment should e imposed in a
case, the court after discussion of evidence and
the law involved, shall render a judgment
imposing [such] penalty as the circumstances
warrant. However it shall refrain from entering the
judgment and forthwith certify the case and
elevate the entire record thereof to the SC for
review.
Quorum and Decision Making:
1) 3 justices form a regular division they must
decide unanimously to pronounce judgment
2) If they cannot unanimously decide, 2 additional
judges come in temporarily
3) 5 justices form a special division they must
decide by majority vote to pronounce judgment
(majority of 5 is still 3)
Death Penalty cases:
1) CA shall only render judgment
2) CA shall refrain from entering judgment
3) CA shall certify the case for review to the SC.
Sec 14. MOTION FOR NEW TRIAL.
At any time after the appeal from the lower court
has been perfected and before the judgment of
the CA convicting the appellant becomes final, the
latter may move for a new trial on a ground of
newly-discovered evidence material to his
defense.
Sec 15. NEW TRIAL CONDUCTED.
When a new trial is granted, the CA may conduct
the hearing and receive evidence as provided in
sec 12 of this rule or refer the trial to the court of
origin.
Sec 16. RECONSIDERATION.
A MR shall be filed within 15 days from notice of
the decision or final order of the CA, with copies
thereof served upon the adverse party, setting for
Enforceability:
anywhere in the Philippines
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Rationale:
the court where the criminal case is pending shall
have primary jurisdiction over the case
Where the court acquires jurisdiction over a
particular case, it does so to the exclusion of all
other courts
Hence only such court should have the power to
issue ancillary writs and processes
Sec 3. PERSONAL PROPERTY TO BE SEIZED.
A SW may be issued for the search and seizure of
personal property:
a) Subject of the offense
b) Stolen or embezzled and other proceeds or
fruits of the offense
c) Used or intended to be used, as means of
committing an offense
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Probable Cause
= based on personal knowledge, not merely hearsay
Personal Knowledge, Test:
= whether it has been drawn in such manner that
perjury could be charged thereon if the statement was
found to be false
= not facts merely reported by whom one considers to
be reliable, (Ex. asset)
= Test of Particularity:
1) description is as specific as the
circumstances would ordinarily allow
2) description is a conclusion of FACT, not
of law
which will guide the officer
making the arrest (no doubt in the mind
of the officer)
3) things described are limited to those
which bear direct relation to the offense
Written Depositions:
= not mere affidavits of the complainant and his
witnesses
= not merely conclusions of fact and law
= not merely loose, vague or doubtful basis of fact,
mere suspicion or belief
Severability of SW:
when there is a general description of some of
the documents sought to be seized, it does not
render the entire warrant void,
Those items not particularly described may be
cut off without destroying the whole warrant
generally, daytime
nighttime only if the property to be searched in on
the person or in place to be searched (in which
case directions must be followed)
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What is Unreasonable:
Those that do not have a valid SW,
Except: valid warrantless arrests
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Limits: - purpose must be to preserve status quo
momentarily while the police seeks to obtain
more information
1) made in the interest of crime prevention and
detection
2) made in the interest of the safety and selfpreservation of the police officer
b) checkpoints
inherent right of the state to protect its existence
and promote public welfare
the cost of occasional inconvenience and
discomfort, when conducted reasonably, are the
price we pay for an orderly society
c) moving vehicles
because it is not practicable to secure a SW
because the vehicle can be move quickly out of
the jurisdiction where the warrant must be sought
d) waiver
either expressly or impliedly, when one
voluntarily submits to search or consents to have
it made on his person or his premises
1) the right must exist
2) person must have actual or constructive
knowledge of such right
3) actual intention to relinquish such right
e) customs
based on Tariff and Customs Code
except, dwelling house, in which case a warrant
must first be secured from the judge upon
application
f) plain view
1) prior valid intrusion (justification)
- police had the right to be there, legally
present in pursuit of their official duties
2) inadvertent discovery of evidence
- police was not searching for evidence
3) immediate apparent illegality of the evidence
- nexus between the item seized and
criminal behavior, such that the evidence
sought will aid in the apprehension of the
person
4) plain view justified mere seizure of evidence
without further search
- absolute certainty is NOT required, probable cause
to believe that the observed objects are the fruits of a
crime, even though no crime has yet been reported
-