Effect of Double Jeopardy on the criminal aspect of the case; finality-of-acquittal doctrine

 When double jeopardy exists, “the conviction or acquittal of the accused or the
dismissal of the case shall be a bar to another prosecution for the offense charged or for any attempt to
commit the same or frustration thereof, or for any offense necessarily includes or is necessarily included
in the offense charged in the former complaint or information.

 A judgement of acquittal is final and executory and no longer reviewable, unless there is
grave abuse of discretion amounting to lack or excess of jurisdiction. Hence remedy of appeal under
Rule 45 is improper, for placing the accused on double jeopardy.

 The finality-of-acquittal doctrine

-The accused is entitled to repose as direct consequences of the finality of his acquittal.

 Purposes of finality-of-acquittal doctrine

a) Prevent State from using its criminal processes a s an instrument of harassment to wear
out the accused by a multitude cases of accumulated trial;
b) Serves to preclude the State from successively retrying the accused in the hope of
securing conviction; and
c) Prevents the State from retrying the accused again in the hope of securing a greater
penalty.

Appeal by the accused

Appeal by the accused from a judgement of the trial court constitutes a waiver to
constitutional right against double jeopardy. Any motion for reconsideration filed by him is also
a waiver to the constitutional safeguard against double jeopardy.

Review of an erroneous acquittal; grave abuse of discretion amounting to lack of jurisdiction

GENERAL RULE:
An acquittal rendered by a competent jurisdiction after trial on merits is immediately final and
cannot be appealed on the ground of double jeopardy. (Final, unappealable, and immediately
executory upon its promulgation).

EXCEPTIONS:
a. There has been deprivation of due process and when there is finding of mistrial; or
b. There has been grave abuse of discretion amounting to lack or excess of jurisdiction.
(Petition for Review on Certiorari under Rule 65)

Effect of Double Jeopardy in civil aspect of the case

NONE. Double jeopardy has reference only to CRIMINAL CASES. Extinction of criminal
liability does don’t give rise to extinction of civil liability.

 Accused dies before arraignment: Extinction of criminal liability, but such death shall NOT be a
bar to any civil action against the estate of the deceased.
Double Jeopardy in quasi offenses

 Once convicted or acquitted of a specific act of reckless imprudence, the accused may
not be prosecuted again for that same act because the essence of the quasi offense of criminal
negligence under Art. 365 of the Revised Penal Code lies in the execution of an imprudent or
negligent act that, if intentionally done, would he punishable as a felony.

 The law penalizes the negligent or careless act and not the result thereof.

 The gravity of the consequence is only taken into account to determine the penalty and
it does not qualify the substance of the offense. And, as the careless act is single, whether the
injurious result should affect one person or several persons, the offense (criminal negligence)
remains one and the same, and cannot be split into different crimes and prosecutions.

When double jeopardy shall not apply despite a prior conviction

 The rule against double jeopardy precludes another prosecution "for any attempt to
commit the same or frustration thereof, or for any offense which necessarily includes or is
necessarily included in the offense charged."

 The conviction of the accused shall not be a bar to another prosecution for an offense
which necessarily includes the offense charged in the former complaint or information under
any of the following instances mentioned under Section 7 Rule 117.

 If the accused has already served in whole or in part the judgment under the previous
complaint or information, he shall be credited with the same in the event of conviction for the
graver offense .

Meaning of same offense; when not the same

 To be in jeopardy, the case against the accused must be terminated by means of a final
conviction, acquittal or dismissal without his express consent.

 Same Offense – the offense charged, or an attempt to commit it or a frustrated stage

thereof, or "any offense which necessarily includes or is necessarily included in the offense
charged in the former complaint or information."

 No double jeopardy attaches as long as there is variance between the elements of the
offense charged.

 The constitutional right against double jeopardy protects from a second prosecution for
the same offense, not for a different one.

Provisional dismissal; requisites

 a) A case shall not be provisionally dismissed except with the express consent of the
accused and with notice to the offended party;

b) The provisional dismissal of offenses punishable by imprisonment not exceeding six (6)
years or a fine of any amount, or both, shall become permanent one (1) year after issuance of
the order without the case having been revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their provisional dismissal shall become permanent
two (2) years after issuance of the order without the case having been revived.

** There must be express consent of the accused and there must be notice to the offended party for
the court to consider provisionally dismissed.

The provisional dismissal of a case does not operate as an acquittal

 Since its dismissal was made with the express consent of the accused, thus there is no
double jeopardy.

Time-bar rule; when provisional dismissal becomes permanent

The dismissal shall become permanent if:

(a) the case is not revived within one (1) year after the issuance of the order of provisional
dismissal with respect to offenses punishable by imprisonment not exceeding six (6) years or a
fine of any amount or both; or

(b) the case is not revived within two (2) years after the issuance of the order of provisional
dismissal with respect to offenses punishable by imprisonment of more than six (6) years (Sec. 8,
Rule 117, Rules of Court).

New additional rules on provisional dismissal

Delays due to the absences of the essential witnesses whose

a. Whereabouts are unknown or cannot be determined; or
b. Presence cannot be obtained by due diligence though his whereabouts are known
– the court shall provisionally dismiss the case with the express consent of the accused.
PROVIDED THAT the hearing has been previously postponed twice due to non-appearance of
witnesses despite due notice.

Withdrawal of information distinguished from a motion to dismiss

 The order granting the withdrawal of the information attains finality after fifteen (15)
days from receipt thereof, without prejudice to the re-filing of the information upon
reinvestigation.

 Granting a motion to dismiss becomes final fifteen (15) days after receipt thereof, with
prejudice to the re-filing of the same case once such order achieves finality.

 A motion to dismiss when filed thus puts into place the time-bar rule on provisional
dismissal.

 A motion to withdraw information is not time-barred

CHAPTER X
 PRE-TRIAL, TRIAL, DEMURRER TO EVIDENCE
(RULES 118-119)

A. PRE-TRIAL
(RULE 118)

Purposes of pre-trial

(a) plea bargaining;

(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of
the case

. Courts in which pre-trial is mandatory

(a) Sandiganbayan,
(b) Regional Trial Court,
(c) Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, Municipal
Circuit Trial Court

A pre-trial in a civil case is mandatory, a pre-trial in a criminal case is also mandatory

When pre-trial shall be held

 Pre-trial shall be held after arraignment and within thirty (30) days from the date the
court acquires jurisdiction over the person of the accused, unless a shorter period is provided.

 After the arraignment, the Court shall set the pretrial conference within thirty (30) days
from the date of arraignment,

Non-appearance in the pre-trial conference; consequences

Proper sanctions or penalties.

Duty of the Branch Clerk of Court

 (a) assist the parties in reaching a settlement of the civil aspect of the case;
(b) mark the documents to be presented as exhibits and copies thereof attached to the records
after comparison;
(c) ascertain from the parties the undisputed facts and admissions on the genuineness and due
execution of documents marked as exhibits; and
(d) consider such other matters as may aid in the prompt disposition of the case

Recording of the minutes

 Minutes of Preliminary Conference to be signed by both parties and counsel

 The minutes and the exhibits shall be attached by the Branch Clerk of Court to the case
record before the pre-trial

Duty of the judge before the pre-trial conference

The judge must study the allegations of the information, the statements in the affidavits of
witnesses and other documents which form part of the record of the preliminary investigation.

Duty of the judge when plea bargaining is agreed upon

 The trial judge shall consider plea-bargaining arrangements, except in cases for
violations of the Comprehensive Dangerous Drugs Act of 2002.
 If a plea bargaining is agreed upon, the court shall:
(a) issue an order to that effect;
(b) proceed to receive evidence on the civil aspect of the case; and
(c) render and promulgate judgment of conviction, including the civil liability or
damages duly established by the evidence

Duty of the judge when plea bargaining fails

a) Adopt the minutes of the preliminary conference as part of the pre-trial proceedings;
b) Confirm the markings of exhibits;
c) Admissions of genuineness and due execution of documents;
d) List object and testimonial evidence;
e) Scrutinize every allegation in the information;
f) Scrutinize affidavits and documents forming parts of the records of the preliminary
investigation, define factual issues;
g) Ask parties to agree on specific dates for the trial;
h) Require the parties to submit the names, addresses and contact numbers of witnesses
to be summoned;
i) Consider modification of the trial if the accused admits the charge but interposes a
lawful defense.
Asking questions during the pre-trial

Questioning is conducted by the judge to avoid hostilities by the parties.

Pre-trial agreements; signing of admissions made

Admissions shall be
(a) reduced in writing, and
(b) signed by the accused and counsel
If not, admissions made cannot be used against the accused.

**All proceedings during the pre-trial shall be recorded, the transcripts prepared and the
minutes signed by the parties and/or their counsels.

Pre-trial order; effect

 Bind the parties

 Limit the trial to matters not disposed of and control the course of the action during the
trial unless modified by the court to prevent manifest injustice

Pre-trial in a civil case vs. pre-trial in a criminal case

CIVIL CASE CRIMINAL CASE

1. Preceded by a motion ex parte filed by 1. Motion ex parte not required from the
the plaintiff prosecution in a criminal case
2. Set by the court after the requisite 2. after arraignment
motion from the plaintiff after all
pleadings have been served and filed

3. amicable settlement 3. none

4. sanction for non-appearance
5. file and serve their respective pre-trial
briefs
4. sanction is upon the counsel or the
prosecutor upon whom "proper sanctions
or penalties" may be imposed for non-
appearance
5. none

Judicial dispute resolution (JDR); purposes

  It is hoped that mediation and conciliation at the level of the judge would contribute
significantly to the resolution of mediatable cases, thereby increasing the satisfaction of litigants
in the court process and also helping to decongest the dockets of the judiciary
 Strengthen conciliation during the pre-trial stage in order to expedite the resolution of
cases.

Stages in the judicial proceedings with JDR; confidentiality

(a) from the filing of a complaint, to the conduct of CAM (Court-Annexed Mediation) and JDR
during the pre-trial stage; and
(b) pre-trial proper to trial and judgment.

Cases subject to mediation for JDR

(a) All civil cases, settlement of estates, and cases covered by the Rule on Summary Procedure,
except those which by law may not be compromised;
(b) Cases cognizable by the Lupong Tagapamayapa under the Katarungang Pambarangay Law;
(c) The civil aspect of B.P. Big. 22 cases;
(d) The civil aspect of quasi-offenses under Title 14 of the Revised Penal Code.

Discovery procedures in criminal cases

 There is no rule which precludes the use of relevant modes of discovery in a criminal
case.
 The use of discovery procedures is directed to the sound discretion of the trial judge.
The deposition taking cannot be based nor can it be denied on flimsy reasons. Discretion has to
be exercised in a reasonable manner and in consonance with the spirit of the law.

B. TRIAL
 RULE 119

When trial shall commence

 Trial shall commence within thirty (30) days from receipt of the pre-trial order.
 If the accused is to be tried again pursuant to an order for a new trial, the trial shall
commence within thirty (30) days from notice of the order granting a new trial. This
period may be extended to one not exceeding one hundred eighty (180) days from
notice of the order if the period becomes impractical due to unavailability of witnesses
and other factors.

Time to prepare for trial

After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare
for trial.

Effect of not bringing the accused to trial within the prescribed period

 The information may be dismissed upon motion of the accused (Ground: Speedy trial)

Delays to be excluded from computing the period for commencement of the trial; some examples

(a) Delay resulting from an examination of the physical and mental condition of the accused;
(b) Delay resulting from proceedings with respect to other criminal charges against the accused;
(c) Delay resulting from extraordinary remedies against interlocutory orders;
(d) Delay resulting from pre-trial proceedings; provided that the delay does not exceed thirty
(30) days;
(e) Delay resulting from orders of inhibition, or proceedings relating to change of venue of cases
or transfer from other courts;

When delay or suspension of trial is justified by reason of the absence of a witness

a) resulting from the absence or unavailability of an essential witness

Continuous trial

The trial shall continue from day to day as far as practicable until terminated but it may be
postponed for a reasonable period of time for good cause.

Trial period
 In no case shall the entire trial period exceed one hundred eighty (180) days from the first day of
trial, except as otherwise authorized by the Supreme Court.

Postponement or continuance

A continuance may, among others, be granted if continuing the proceeding is impossible or

would result in a miscarriage of justice.

Factors to be considered for granting continuances or postponements

(a) Failure to grant a continuance would likely make a continuation of such proceeding
impossible or result in a miscarriage of justice; or
(b) Case taken as a whole is so novel, unusual and complex, due to the number of accused or
the nature of the prosecution, or that it is unreasonable to expect adequate preparation within
the periods of time established therein

Prohibited grounds for a continuance

(a) Congestion of the court's calendar or due to lack of diligent preparation; or

(b) Failure to obtain available witnesses on the part of the prosecutor.

How to secure appearance of a material witness

 Either party may, upon motion, secure an order from the court for a material witness to
post bail if the court is satisfied upon either (a) proof, or (b) oath that a material witness will not
testify when required

 If the witness refuses to post bail, court shall commit him to prison until he complies or
is legally discharged after his testimony has been taken.

Discharge of accused to be a state witness; requisites

 When two or more accused are jointly charged for an offense, they shall be tried jointly
 Prosecutor shall file a motion for the discharge of the accused; and file the motion before the
prosecution rests its case;
 The court upon receipt of the motion shall require the prosecution to present evidence and the
sworn statement of each proposed state witness.
Requisites:

(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
 (b) That there is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of the accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral turpitude.

Evidence adduced during the discharge hearing

The evidence adduced in support of the discharge shall automatically form part of the trial.
If court denies the motion = evidence inadmissible.

Effect of discharge of an accused to be a state witness; acquittal

 ACQUITTAL.
 Bar to another prosecution for the same offense

Mistake in charging the proper offense

 Accused cannot be convicted of the offense charged, or any other offense necessarily
included therein.

 The original case shall be dismissed upon the filing of the proper information and the
court shall commit the accused to answer for the proper offense.

Order of trial

 The prosecution shall present its evidence (a) to prove the charge, and (b) to prove the civil
liability in the proper case;
 The accused will then present his evidence;
 The prosecution may present its rebuttal evidence;
 The accused may present sur-rebuttal evidence;
 Case submitted for submission.

Modification of the order of trial; reverse trial

When the accused admits the act or omission charged in the complaint or information
but interposes a lawful defense.

Reopening of the proceedings

 Any time before the finality of the judgment of conviction

 Issued by the judge
  The order is issued only after a hearing is conducted
 To prevent miscarriage of justice
Trial in absentia

(a) the accused has already been arraigned;

(b) the accused has been duly notified of the trial or hearings; and
(c) the absence of the accused or his failure to appear is unjustified.

Instances when the presence of the accused is required

(a) at arraignment and plea, whether of innocence or of guilt;

(b) during trial, whenever necessary for identification purposes; and
(c) at the promulgation of sentence, unless it is for a light offense, in which case, the accused
may appear by counsel or representative.

Comments and questions of the judge during the trial

 Right of a trial judge to question witnesses with a view to satisfying his mind upon any
material point which presents itself during the trial of a case over which he presides.
 Clarificatory questions

Lack of formal offer of evidence during the trial

Documents which may have been identified and marked as exhibits during pre-trial or trial but
which were not formally offered in evidence cannot in any manner be treated as evidence.

When formal offer of evidence is not necessary

a) Court takes judicial notice of adjudicative facts;
b) Court relies on judicial admissions within the context of Section 4, Rule 129
c) Where the trial court, in demeanor of witnesses
d) Determines their credibility even without the offer of the demeanor as evidence
 C. DEMURRER TO EVIDENCE
(RULE 119)

Demurrer to evidence

 After the prosecution rests its case, a demurrer to the evidence may be filed by the
accused on the ground of insufficiency of evidence.
 It is an objection by one of the parties in an action to the effect that the evidence which
is adversary produced is insufficient in the point of law to make out a case or sustain the issue.
 May be initiated by the court
 Evidence must:
o Prove the commission of the crime
o The precise degree of participation therein by the accused

Demurrer to evidence by the court

The court may, upon its own initiative, dismiss the action without waiting for a demurrer
from the accused also on the ground of the insufficiency of evidence.

Demurrer to evidence with leave of court

 The demurrer to evidence filed by the accused may be (a) with leave or court, or (b)
without leave of court.
 Motion for leave of court = shall be filed within a non-extendible period of five (5) days
after the prosecution rests its case.
 If the court grants the demurrer, the case is dismissed and the accused is as good as
acquitted.
 If the court denies = accused may adduce evidence

Demurrer to evidence without leave of court

 If the demurrer is granted, the case is dismissed and the effect is an acquittal.
 If the demurrer is denied, the accused waives the right to present evidence and submits the case
for judgment on the basis of the evidence for the prosecution.

Not every motion to dismiss is a demurrer to evidence

 A motion to dismiss not grounded upon the insufficiency of the evidence.

Granting of demurrer is an acquittal

 The demurrer to evidence in criminal cases is "filed after the prosecution had rested its case,"
and when the same is granted, it calls "for an appreciation of the evidence adduced by the
prosecution and its sufficiency to warrant conviction beyond reasonable doubt, resulting in a
dismissal of the case on the merits, tantamounts to an acquittal of the accused."
 Dismissal of a criminal case by the grant of demurrer to evidence may not be appealed, for to do
so would be to place the accused in double jeopardy.

Review of order granting a demurrer

May be reviewed through petition for certiorari under Rule 65, when there is grave abuse of
discretion amounting to lack or excess of juirisdiction.

Demurrer to evidence in a civil case vs. demurrer to evidence in a criminal case

Demurrer to evidence in a Civil Case Demurrer to evidence in a Criminal Case

1. anchored upon the failure of the plaintiff to 1. Predicated upon insufficiency of evidence
show that upon the facts and the law
2. Requires no prior leave of court 2. May be filed with or without leave of court
3. When the demurrer is denied, the defendant 3. The accused may adduce his evidence in his
does not lose his right to present his evidence defense only when the demurrer that was denied
was filed with leave of court
4. Ifgranted, the plaintiff may appeal and if the 4. No appeal is allowed when granted (double
dismissal is reversed, the defendant is deemed to jeopardy)
have waived his right to present his evidence.
 CHAPTER XI
JUDGEMENT, REMEDIES AFTER JUDGEMENT OF CONVICTION AND PROVISIONAL REMEDIES

A. JUDGEMENT
(RULE 120)

Meaning of judgment

Adjudication by the court that the accused is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability, if any.

Requisites of a judgment

(a) It must be written in the official language;

(b) It must be personally and directly prepared and signed by the judge; and
(c) It must contain clearly and distinctly a
(i) statement of the facts, and
(ii) the law upon which it is based.

Contents of a judgment of conviction; contents of judgment of acquittal

Judgement of conviction
(a) the legal qualification of the offense constituted by the acts committed by the accused;
(b) the aggravating and mitigating circumstances which attended the commission of the offense;
(c) the participation of the accused in the offense whether as
(i) principal,
(ii)accomplice, or
(iii) accessory;
(d) the penalty imposed upon the accused;
(e) the civil liability or damages caused by his wrongful act or omission to be recovered from the
accused by the offended party, if there is any, unless the enforcement of the civil liability by a
separate civil action has been reserved or waived

Judgement of acquittal

(a) state whether or not the evidence of the prosecution

(i) absolutely failed to prove the guilt of the accused, or
(ii) merely failed to prove his guilt beyond reasonable doubt;
(b) determine if the act or omission from which the civil liability might arise did not exist.
Rule when there are two or more offenses in a single information or complaint (duplicitous complaint
or information)

 The accused must file a motion to quash because of the rule that a complaint or information
must charge only one offense, except when the law prescribes a single punishment for various
offenses.

Judgment rendered by judge who did not hear case

The fact that the trial judge who rendered judgment was not the one who had the occasion to
observe the demeanor of the witnesses during trial, but merely relied on the records of the
case, does not render the judgment erroneous, especially where the evidence on record is
sufficient to support its conclusion

Variance doctrine; variance between the allegation and proof

 Refers to a situation where:
o the offense proved is different from the offense as charged in the complaint or
information; and
o the offense as charged is either included in the offense proved or necessarily includes
the offense proved.

When an offense includes or is included in another

 An offense charged necessarily includes the offense proved when some of the essential
elements or ingredients of the former, as alleged in the complaint or information, constitute the
latter.

 An offense charged is necessarily included in the offense proved, when the essential ingredients
of the former constitute or form part of those constituting the latter.

Variance in the mode of the commission of the offense

A variance in the mode of commission of the offense is binding upon the accused if he fails to
object to evidence showing that the crime was committed in a different manner than what was
alleged.

Promulgation of judgment

Rule:
 Promulgated by reading it in the presence of the accused and any judge of the court in
which it was rendered.

Exception:
If the conviction is merely for a light offense, the judgment may be pronounced in the
presence of his counsel or representative

How accused is to be notified of the promulgation

Notice shall be given by the clerk of court personally to the accused or through his bondsman or
warden and counsel. EXCEPT when accused was tried in absentia because he jumped bail or
escaped from prison, the notice to him shall be served at his last known address.

Rule if the accused fails to appear in the promulgation of judgment

 Recording the judgment in the criminal docket and serving him a copy thereof at his last
known address or thru his counsel.
 If the judgment is for conviction, failure of the accused to appear was without justifiable
cause, he shall lose the remedies available.

Modification of judgment

A judgment of conviction may be modified or set aside upon motion of the accused, before the
judgment becomes final or before appeal is perfected.

When judgment becomes final

(a) after the lapse of the period for perfecting an appeal, or

(b) when the sentence has been partially or totally satisfied or served, or
(c) when the accused has waived in writing his right to appeal, or
(d) has applied for probation.

Probation; appeal and probation are mutually exclusive

Applying for probation is deemed a waiver of one’s right to appeal.

Entry of judgment

After a judgment has become final, it shall be entered in accordance with Rule 36.
B. REMEDIES AGAINST JUDGEMENT OF CONVICTION