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135
CRIMINAL PROCEDURE
Criminal Jurisdiction power of the State to try and punish a person for a violation of its penal laws. REQUISITES FOR A VALID E ERCISE OF CRIMINAL JURISDICTION! 1. The offense, by virtue of the imposable penalty OR its nature, is one which the court is by law authorized to take co nizance of, !"urisdiction over the S#$%&'T ()TT&R*. +. The offense must have been committed within its territorial "urisdiction, !"urisdiction over the T&RR,TOR-*. .. The person char ed with the offense must have been brou ht to its presence for trial, forcibly by warrant of arrest or upon his voluntary submission to the court, !"urisdiction over the /&RSO0 O1 T2& )''#S&3*. JURISDICTION OVER T"E SU#JECT MATTER
3erived from the law. ,t can never be ac4uired solely by consent of the accused. Ob"ection that the court has no "urisdiction of the sub"ect matter may be made at any sta e of the proceedin , and the ri ht to make such ob"ection is never waived.
+. 3etermined by the law in force at the time of the institution of the criminal action. O0'& 6&ST&3, ,T ')00OT $& 7,T23R)70 $-8 a* subse4uent valid amendment of the information9 or b* a subse4uent statutory amendment of the rules of "urisdiction, #0:&SS the amendatory law provides otherwise. RULE $$% PROSECUTION OF OFFENSES S&ction $' actions' Institution o( criminal
For o((&ns&s )*&r& a +r&liminar, in-&sti.ation is r&/uir&d ; by filin the complaint with the proper officer for the purpose of conductin the re4uisite preliminary investi ation. /reliminary investi ation is R&<#,R&3 for offenses where the penalty prescribed by law is at least = years, + months and 1day without re ard to fine !Rule 11+, Sec. 1 /ar.+*. For all ot*&r o((&ns&s ; by filin the complaint or information directly with the (unicipal Trial 'ourts and (unicipal 'ircuit Trial 'ourts, or the complaint with the office of the prosecutor. DOES NOT APPL0 to offenses which are sub"ect to summary procedure. E((&ct o( institution o( t*& criminal action! ,t interrupts the runnin of the period of prescription of the offense char ed unless otherwise provided by special laws.
DETERMINATION OF CRIMINAL JURISDICTION! 1. 3etermined by the alle ations in the complaint or information not by the results of proof or by the trial court5s appreciation of the evidence presented.
prosecuted under the direction and control of the prosecutor. ) /R,6)T& /ROS&'#TOR may be authorized to prosecute a criminal action sub"ect to the followin conditions8 1. the public prosecutor has a heavy work schedule, or there is no public prosecutor assi ned in the province or city9 +. the private prosecutor is authorized ,0 7R,T,0F by the Re ional State /rosecutor !RS/*, /rovincial or 'ity /rosecutor9 .. the authority of the private prosecutor must be approved by the court9 =. the private prosecutor shall continue to prosecute the case until the end of the trial unless the authority is withdrawn or otherwise revoked by the RS/, /rovincial or 'ity /rosecutor9 and >. ,n case of the withdrawal or revocation of the authority of the private prosecutor, the same must be approved by court. !(emo 'irc. 0o. +>, )pril +@, +DD+, Re ardin )mendment to Sec. >, Rule 11D* ,n appeals before the ') and the S', it is only the Solicitor Feneral that is authorized to brin and defend actions in behalf of the /eople of the /hilippines !People vs. Nano, 205 SCRA 155*. ,n all cases elevated to the Sandi anbayan and from the Sandi anbayan to the S', the Office of the Ombudsman, throu h its Special /rosecutor shall represent the /eople of the /hilippines, &E'&/T in cases filed pursuant to &.O. 0os. 1, +, 1= and 1=;), issued in 1CB@ !Sec. =, R) B+=C*. PROSECUTION C"ASTIT0 OF CRIMES A3AINST
INFORMATION
Subscribed by the fiscal !indispensable re4uirement*
/rosecution in the RT' are always commenced by information, &E'&/T8 1. in certain crimes a ainst chastity !concubina e, adultery, seduction, abduction, acts of lasciviousness*9 and +. defamations imputin any of the aforesaid offenses wherein a sworn written complaint is re4uired in accordance with section > of this Rule. S&ction 8' 6*o must +ros&cut& criminal actions' FULL DISCRETION AND CONTROL OF T"E PROSECUTOR )ll criminal actions commenced by a complaint or information shall be
6"O MA0 PROSECUTE 1. Concubinage and adultery only by the offended spouse who should
>INDS OF AMENDMENT 1. $&1OR& T2& /:&) covers both substantial and formal amendment, 7,T2O#T leave of court. +. )1T&R T2& /:&) covers only formal amendment provided8 a* leave of court is obtained b* such amendment is not pre"udicial to the ri hts of the accused. &E'&/T when a fact supervenes which chan es the nature of the crime char ed in the information or up rades it to a hi her crime, in which case, there is a need for another arrai nment of the accused under the amended information. )n amendment is only in form where it neither affects nor alters the nature of the offense char ed OR where the char e does not deprive the accused of a fair opportunity to present his defense OR where it does not involve a chan e in the basic theory of the prosecution. Su=stitution ,f it appears at anytime before "ud ment that a mistake has been made in char in the proper offense, the court shall dismiss the ori inal complaint or information upon the filin of a new one char in the proper offense, provided the accused shall not be placed in double "eopardy. :imitation to the rule on substitution8 1. 0o "ud ment has yet been rendered. +. The accused cannot be convicted of the offense char ed or of any other offense necessarily included therein.
Re4uires or presupposes that the new information involves a different offense which does not include or is not necessarily included in the ori inal char e, hence the accused cannot claim double "eopardy.
VARIANCE #ET6EEN INDICTMENT AND PROOF ?Situations Cont&m+lat&d@ 1. 7hen the offense proved is less serious than, and is necessarily included in, the offense char ed, in which case the defendant shall be convicted of the offense proved.
+. 'omple? 'rimes 7here the crime char ed is a comple? crime, the RT' of any province in which any one of the essential elements of such comple? crime had been committed has "urisdiction to take co nizance of the offense. .. Continuin. O((&ns& ; is one where the elements of which occur in several places, !unlike a :O'): O11&0S& ; one which is fully consummated in one place* The venue is in the place where one of its essential elements was consummated. =. /iracy The venue of piracy, unlike all other crimes, has no territorial limits. >. :ibel The action may be instituted at the election of the offended or suin party in the province or city8 a* where the libelous article is printed and first published9 b* if one of the offended parties is a private individual, where said private individual actually resides at the time of the commission of the offense9 c* if the offended party is a public official, where the latter holds office at the time of the commission of the offense. @. ,n e?ceptional circumstances to ensure a fair trial and impartial in4uiry. The S' shall have the power to order a chan e of venue or place of trial to avoid miscarria e of "ustice !Section >J=K, )rticle 6,,,, 1CBA 'onstitution*. S&ction $9' Int&r-&ntion o( o((&nd&d +art, in criminal action' t*&
3ENERAL RULE! Offended party has the ri ht to intervene by counsel in the prosecution of the criminal action,
ELEMENTS OF A PREJUDICIAL QUESTION 1. The civil action must be instituted prior to the criminal action. +. The civil action involves an issue similar or intimately related to the issue raised in the criminal action. .. The resolution of such issue determines whether or not the criminal action may proceed. 6"ERE TO FILE PETITION FOR SUSPENSION #0 REASON OF PREJUDICIAL QUESTION 1. Office of the prosecutor9 or +. court conductin the preliminary investi ation9 or .. court where the criminal action has been filed for trial at any time before the prosecution rests. RULE $$4 PRELIMINAR0 INVESTI3ATION S&ction $' Pr&liminar, In-&sti.ation d&(in&dA )*&n r&/uir&d' Pr&liminar, In-&sti.ation ; is an in4uiry or proceedin to determine whether there e?ists sufficient round to en ender a well;founded belief that a crime has been committed and that the respondent is probably uilty thereof,
7ithin 1D days after the filin , the investi atin officer shall either dismiss or issue subpoena.
,f subpoena is issued, respondent shall submit a counter;affidavit and other supportin documents within 1D days from receipt thereof.
2earin !optional*. ,t shall be held within 1D days from submission of counter;affidavits or from the e?piration of the period of their submission.
PERSONS AUT"ORICED TO CONDUCT A PRELIMINAR0 INVESTI3ATION 1. /rovincial or city fiscal and their assistants +. %ud es of the (T' and ('T' .. 0ational and re ional state prosecutors =. Such other officers as may be authorized by law such as8 the 'O(&:&', Ombudsman and /'FF
,f respondent cannot be subpoenaed, or if subpoenaed but does not submit his counter;affidavit within 1D days, investi atin officer shall resolve the complaint based on the evidence presented by the complainant. RI3"TS OF RESPONDENT IN A PRELIMINAR0 INVESTI3ATION 1. to submit counter;affidavits +. to e?amine evidence submitted by the complainant .. to be present in the clarificatory hearin .
The Rules do not re4uire the presence of the respondent in the /reliminary
S&ction ;' M&t*od o( arr&st =, o((ic&r )it*out )arrant' S&ction <' M&t*od o( arr&st =, +ri-at& +&rson' CitiB&nGs arr&st ; arrest effected by a private person. M&t*od o( arr&st EHc&+tion to t*& rul& on .i-in. in(ormation
1. when the person to be arrested flees9 +. when he forcibly resists before the officer has an opportunity to inform him9 and .. when the ivin of such information will imperil the arrest.
Sec. A
The officer shall inform the person to be arrested the cause of the arrest and the fact that the warrant has been issued for his arrest. Not&! The officer need not have the warrant in his possession at the time of the arrest $#T must show the same after the arrest, if the person arrested so re4uires. The officer shall inform the person to be arrested of his authority and the cause of the arrest wGout a warrant
1. when the person to be arrested is en a ed in the commission of an offense or is pursued immediately its commission9 +. when he has escaped, flees, or forcibly resists before the
.. That he has re4uested and been denied admittance. Fenerally, a lawful arrest may be made anywhere, even on private property or in a house. This rule is applicable both where the arrest is under a warrant, and where there is valid warrantless arrest. S&ction $4' Ri.*t to =r&aF out o( t*& =uildin. or &nclosur& to &((&ct r&l&as&' ) private person makin an arrest ')00OT break in or out of a buildin or enclosure because only officers are allowed by law to do so. S&ction $5' Arr&st a(t&r &sca+& or r&scu&' 7here a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the country. The pursuit must be immediate. S&ction $7' Ri.*t o( Attorn&, r&lati-& to -isit +&rson arr&st&d' or
R) A=.B defined certain ri hts of persons arrested, detained, or under custodial investi ation, with the penalties for violations thereof. RULE $$7 #AIL S&ction $' #ail d&(in&d' #ail ;; the security iven for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as re4uired under the conditions specified by the rule !Sec. 1, Rule 11=*.
O((ic&r
ma,
summon
Only an officer makin the arrest is overned by the rule. ,t does not cover a private individual makin an arrest. S&ction $$' Ri.*t o( o((ic&r to =r&aF into =uildin. or &nclosur&' Re4uisites before an officer can break into a buildin or enclosure to make an arrest8 1. That the person to be arrested is or is reasonably believed to be in said buildin 9 +. That he has announced his authority and purpose for enterin therein9
) person is in the custody of law when he has been either arrested or otherwise deprived of his freedom or when he has
irrespective of whether the case was ori inally filed in or appealed to it9 +. The accused shall appear before the proper courts whenever so re4uired by the court or these Rules9 .. The failure of the accused to appear at the trial without "ustification despite due notice shall be deemed a waiver of his ri ht to be present thereat. ,n such case, the trial may proceed in absentia9 =. The bondsman shall surrender the accused to court for e?ecution of the final "ud ment. 0o additional conditions can be imposed.
#AIL#OND
)n obli ation under seal iven by the accused with one or more sureties, and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may le ally be re4uired to perform
) detention prisoner who escaped waives his ri ht to cross;e?amination !3imene1 v. Na1areno*. $y filin a fake bail bond, an appellant is deemed to have escaped from confinement durin the pendency of his appeal and in the normal course of thin s, his appeal should be dismissed. 0o release or transfer e?cept on court order or bail. 0o person under detention by le al process shall be released or transferred e?cept upon order of the court or when he is admitted to bail !Sec. .*. S&ction 7' #ailI a matt&r o( ri.*tA &Hc&+tion' 7hen a matter of ri ht8 1. before or after conviction in the lower courts9 )03 +. before conviction by the RT', &E'&/T when the imposable penalty is death, reclusion perpetua or life imprisonment and evidence of uilt is stron . ,n instances where bail is a matter of ri ht and the bail to be ranted is based on the recommendation of the prosecution as stated in the information
/rosecution witnesses may also be re4uired to post bail to ensure their appearance at the trial of the case where8 1. there is a substitution of information !Sec. =, Rule11D*, and +. where the court believes that a material witness may not appear at the trial !Sec. 1=, Rule 11C*. S&ction 4' Conditions o( t*& =ailA r&/uir&m&nts' CONDITIONS OF #AIL 1. The undertakin shall be effective upon approval, and, unless cancelled, shall remain in force at all sta es of the case until promul ation of the "ud ment of the RT',
$ut where, however, there is a reduction of bail as recommended or after conviction by the RT' of an offense not punishable by death, reclusion perpetua, or life imprisonment wherein the rant of bail is discretionary, there must be a hearin before a bail is ranted in order to afford the prosecution the chance to oppose it !(angayan vs. () a4an, 3-5 SCRA 301*. The prosecution cannot adduce evidence for the denial of bail where it is a matter of ri ht. 2owever, where the rant of bail is discretionary, the prosecution may show proof to deny the bail. )n e?traditee is not entitled to bail. The 'onstitutional provision on $ail as well as Sec. = of Rule 11= applies only when a person has been arrested and detained for violation of /hilippine 'riminal laws. ,t does not apply to e?tradition proceedin s because e?tradition courts do not render "ud ments of conviction or ac4uittal !2ov . o* +S vs. 3)dge P)rganan, Sep . 2-, 2002*. S&ction 8' #ailI discr&tionar,' )*&n
RULES ON AVAILA#ILIT0 OF #AIL 1. Re ardless of sta e of the criminal prosecution, no bail shall be allowed if the accused is char ed with a capital offense or an offense punishable by reclusion perpetua )03 the evidence of uilt is stron !Sec. A*9 +. $efore and after conviction by the (T', (unicipal Trial 'ourt or ('T', bail is a matter of ri ht !Sec.=*. .. $efore conviction by the RT' whether in the e?ercise of its ori inal or appellate "urisdiction, bail is a matter of ri ht. !Sec.=* =. #pon conviction by the RT' of an offense not punishable by death, reclusion perpetua or life
or
reat
1.
Offense char ed is violation of an ordinance, li ht felony or a criminal offense, the imposable penalty wherefore does not e?ceed @ months of imprisonment andGor fine of / +,DDD under R.).@D.@. 7here the accused has applied for probation and before the same has been resolved but no bail was filed or the accused is
+.
) person in custody for a period e4ual to or more than the minimum of the principal penalty prescribed for the offense char ed, without application of the indeterminate sentence law or any modifyin circumstance shall be released on reduced bail or on his own reco nizance. Feneral Rule8 no bail &?ception8 1. 7hen a warrant of arrest is issued for failure to appear when re4uired by the court +. 7hen the accused ; is a recidivist9 ; is a fu itive from "ustice9 ; is char ed with physical in"uries ; does not reside in the place where the violation of the law or ordinance is committed9 or ;has not reside in the place where the violation of the law or ordinance is committed9 or ;has no known residence
The employment of physical, psycholo ical or de radin punishment a ainst any prisoner or detainee or the use of substandard or inade4uate penal facilities under subhuman conditions shall be dealt with by law !Section 1C!+*, )rticle ,,,, 1CBA 'onstitution*. S&ction 49' #ail not a =ar to o=1&ction on ill&.al arr&stI lacF o( or irr&.ular +r&liminar, in-&sti.ation' AN APPLICATION FOR OR ADMISSION TO #AIL S"ALL NOT #AR T"E ACCUSED a. from challen in the validity of his arrest OR b. le ality of the warrant issued therefore, OR c. from assailin the re ularity or 4uestionin the absence of preliminary investi ation of the char e a ainst him, /RO6,3&3, he raises them before enterin his plea. RULE $$8 RI3"TS OF T"E ACCUSED This rule enumerates the ri hts of a person accused of an offense, which are both constitutional as well as statutory, save the ri ht to appeal, which is purely statutory in character. S&ction $' Ri.*ts o( t*& accus&d at t*& trial'
3ENERAL RULE! The finality of the "ud ment terminates the criminal proceedin . $ail becomes of no avail. The "ud ment contemplated is a "ud ment of conviction. The "ud ment is final if the accused does not appeal the conviction. 0o bail shall be ranted after "ud ment, if the case has become final even if continued confinement of the accused would be detrimental or dan erous to his health. The remedy would be to submit him to medical treatment or hospitalization.
T"E PRESENCE OF T"E ACCUSED IS REQUIRED ONL0 1. 3urin arrai nment !Sec. 1b, rule 11@*
6"ERE AND "O6 MADE! 1. $efore the court where the complaint or information has been filed or assi ned for trial9 +. in open court, by the "ud e or clerk by furnishin the accused a copy of the complaint or information with the list of the witnesses, readin it in a lan ua e or dialect known to him and askin him of his plea9 RULES! 1. Trial in absentia is allowed only )1T&R arrai nment9 +. %ud ment is enerally void if the accused has not been arrai ned9 .. There can be no arrai nment in absentia !accused must personally enter his plea*9 =. if the accused went to trial without arrai nment, but his counsel had the opportunity to cross;e?amine the witness of the prosecution and after the prosecution he was arrai ned the defect was cured9
6"EN S"ALL TRIAL COMMENCE AFTER ARRAI3NMENT 7ithin .D days from arrai nment, 2O7&6&R, it may be e?tended $#T only8 1. for 1BD days for the first 1+ calendar month period from the effectivity of the law9 +. 1+D days for the second 1+ month period9 and
,f an information is amended ()T&R,)::-, arrai nment on the amended information is ()03)TOR-, e?cept if the amendment is only as to form9 Pl&a the matter which the accused, on his arrai nment, alle es in answer to the char e a ainst him.
S&ction 9' Dut, o( t*& court to in(orm accus&d o( *is ri.*t to couns&l' DUTIES OF T"E COURT 6"EN T"E ACCUSED APPEARS #EFORE IT 6IT"OUT COUNSEL
S&ction <' #ill o( +articulars' )ccused may, )T or $&1OR& arrai nment, move for a bill of particulars to enable him properly to plead and to prepare for trial.
D&murr&r to E-id&nc&
filed after the prosecution has rested its case based upon the inade4uacy of the evidence adduced by the prosecution in support of the accusation
S&ction 4' Form and cont&nts. FORM AND CONTENTS OF A MOTION TO QUAS" 1. in writin +. si ned by the accused or his counsel .. shall specify distinctly the factual and le al rounds therefor. The court shall consider no rounds other than those stated in the motion, &E'&/T lack of "urisdiction over the offense char ed and when the information does not char e an offense. ) motion to suspend the issuance of a warrant of arrest should be considered as a motion to 4uash if the alle ations
The prosecution may elevate to the 2i her 'ourts an order rantin a motion to 4uash. PROCEDURE IF MOTION TO QUAS" IS DENIED 1. accused should plead9 +. accused should o to trial without pre"udice to the special defenses he invoked in the motion9 .. appeal from the "ud ment of conviction, if any, and interpose the denial of the motion as an error. )n order denyin a motion to 4uash is ,0T&R:O'#TOR- and 0OT )//&):)$:&. )ppeal in due time, as the proper remedy, implies a previous conviction as a result of a trial on the merits of the case and does not apply to an interlocutory order denyin a motion to 4uash. The denial by the trial court of a motion to 4uash ')00OT be the sub"ect of a petition for certiorari, prohibition or mandamus in another court of coordinate rank.
3ouble %eopardy means that when a person is char ed with an offense and the case is terminated either by ac4uittal or conviction or in any other manner without the consent of the accused, the latter cannot a ain be char ed with the same or identical offense. REQUISITES FOR DOU#LE JEOPARD0 UNDER SECTION : ,t is necessary that in the first case that; 1. the complaint or information or other formal char e was sufficient in form and substance to sustain a conviction9 +. the court had "urisdiction9 .. the accused had been arrai ned and had pleaded9 and =. he was convicted or ac4uitted or the case was dismissed without his e?press consent9 7hen all these circumstances are present, they constitute a $)R to a second prosecution for 1. the same offense, or +. an attempt to commit the said offense, or
S&ction 9' Ord&r sustainin. t*& motion to /uas* not a =ar to anot*&r +ros&cution'
.. a frustration of the said offense, or =. any offense which necessarily includes or is necessarily
/re;trial is ()03)TOR- in all criminal cases. The court shall after arrai nment and within .D days from the time the court ac4uires "urisdiction over the person of the accused, unless a shorter period is provided for by special laws or circular of the Supreme 'ourt, order a pre;trial. MATTERS CONSIDERED IN PREDTRIAL CONFERENCE a* plea bar ainin 9
CONTINUOUS TRIAL S0STEM Trial once commenced shall continue from day to day as far as practicable until terminated9 but it may be postponed for a reasonable period of time for ood cause. LIMITATION OF T"E TRIAL PERIOD ,t shall in no case e?ceed 1BD days from the first day of the trial, e?cept as otherwise provided by the Supreme 'ourt. Re4uisites before a trial can be put;off on account of the absence of a witness8 1. that the witness is material and appears to the court to be so +. that the party who applies has been uilty of no ne lect .. that the witnesses can be had at the time to which the trial is deferred and incidentally that no similar evidence could be obtained =. that an affidavit showin the e?istence of the above circumstances must be filed. Remedies of accused where a prosecutin officer without ood cause secures postponements of the trial of a defendant a ainst his protest beyond a reasonable period of time8 1. mandamus to compel a dismissal of the information +. if he is restrained of his liberty, by habeas corpus to obtain his freedom. The S' adopted the continuous trial system as a mode of "udicial fact;findin and ad"udication conducted with speed and dispatch so that trials are held on the scheduled dates without postponement, the factual issues for trial well;defined at pre;trial and the whole proceedin s terminated and ready for "ud ment within CD days from the date of initial hearin , unless for meritorious reasons an e?tension is permitted.
PURPOSE! To control the discretion of the "ud e in the rant of continuance on his instance or on motion of any party liti ant. S&ction 8' Tim& limit (ollo)in. an ord&r (or n&) trial' The trial shall commence within .D days from the date the order for a new trial becomes final. S&ction :' Pu=lic Attorn&,Gs duti&s )*&r& accus&d is im+rison&d' These public attorneys enter their appearance in behalf of the accused upon his re4uest or that of his relative or upon bein appointed as counsel de oficio by the court. S&ction ;' Sanctions' >inds! a. criminal b. administrative c. contempt of court
#pon motion of the accused, a "ud ment of conviction may be modified or set aside by the court $&1OR& it has become final or $&1OR& an appeal has been perfected. ) "ud ment becomes final8 a. when the period for perfectin appeal an appeal has lapsed9 b. when the sentence is partially or totally satisfied or served9 c. when the accused e?pressly waives in writin his ri ht to appeal9 and d. when the accused applies for probation. ) "ud ment of ac4uittal becomes final immediately after promul ation and cannot be recalled for correction or amendment.
N&) trial ; the rehearin of a case already decided but before the "ud ment of conviction therein rendered has become final, whereby errors of law or irre ularities are e?pun ed from the record or new evidence is introduced, or both steps are taken. ) motion for new trial or reconsideration should be filed with the trial court within 1> days from the promul ation of the "ud ment and interrupts the period for perfectin an appeal from the time of its filin until notice of the order overrulin the motion shall have been served upon the accused or his counsel. ) motion for the reconsideration of the "ud ment may be filed in order to correct errors of law or fact in the "ud ment. ,t does not re4uire any further proceedin . ) new trial be ranted at any time before the "ud ment of conviction becomes final8 1. on motion of the accused +. on motion of the court but with the consent of the accused The award of new trial or takin of additional evidence rests upon the sound discretion of the court. !People vs. A4os a, $, P#il. 6-2* Once the appeal is perfected, the trial court steps out of the case and the appellate court steps in. Should it come to pass then that durin the pendency of the appeal, new and material evidence, for e?ample, have been discovered, the accused may file a motion for new trial with the appellate court. 'ases when the trial court lose "urisdiction over its sentence even before the lapse of 1> days8 1. 7hen the defendant voluntarily submits to the e?ecution of the sentence
ine?perience, or incompetence. ! +.S. vs. +mali, 15 P#il. 3%* ,f the incompetence, i norance or ine?perience of counsel is so reat and the error committed as a result thereof is so serious that the client, who otherwise has a ood cause, is pre"udiced and denied his day in court, the liti ation may be reopened to ive the client another chance to present his case. S&ction 5' 3rounds (or r&consid&ration' Frounds of motion for reconsideration 1. errors of law9 +. errors of fact in the "ud ment, which re4uire no further proceedin s. The principle underlyin this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from bein taken. The rant by the court of reconsideration should re4uire no further proceedin s, such as the takin of additional proof. S&ction 7' Form o( motion and notic& to t*& +ros&cutor' Re4uisites for a motion for new trial or reconsideration8 The motion for a new trial or reconsideration shall be8 1. in writin +. filed with the court .. State rounds on which it is based =. ,f the motion for new trial is based on a newly discovered evidence, it must be supported by the affidavits of the witness by whom such evidence is e?pected to be iven, or duly authenticated copies of documents which it is proposed to introduce in evidence. >. 0otice of the motion for new trial or reconsideration shall be iven to the fiscal.
S&ction 4' 3rounds (or n&) trial' 3ROUNDS FOR A NE6 TRIAL IN CRIMINAL CASES! 1. errors of law or irre ularities committed durin the trial pre"udicial to the substantial ri hts of the accused. +. new and material evidence discovered. REQUISITES #EFORE A NE6 TRIAL MA0 #E 3RANTED ON T"E 3ROUND OF NE6L0 DISCOVERED EVIDENCE! 1. that the evidence was discovered after trial9 +. that such evidence could not have been discovered and produced at the trial even with the e?ercise of reasonable dili ence9 .. that it is material not merely cumulative, corroborative or impeachin 9 and =. the evidence is of such a wei ht that it would probably chan e the "ud ment if admitted. (istakes or errors of counsel in the conduct of his case are not rounds for new trial. This rule is the same whether the mistakes are the result of i norance,
Final Ord&r
disposes of the whole sub"ect matter or
..
1rom a "ud ment convictin the accused, two appeals may accordin ly be taken8 1. The accused may seek a review of said "ud ment, as re ards both actions9 or +. The complainant may appeal with respect only to the civil action, either because the lower court has refused or failed to award dama es, or because the award made is unsatisfactory to him. 3ENERAL RULE! ) private prosecutor in a criminal case has 0O authority to act for the /eople of the /hilippines before a court on appeal. ,t is the overnment5s counsel, the Solicitor Feneral, who appears in criminal cases or their incidents before the Supreme 'ourt. )t the very least, the /rovincial 1iscal himself, with the conformity of the Solicitor Feneral. E CEPTION! The civil award in a criminal case may be appealed by the private prosecutor on behalf of the offended party or his successors. S&ction 4' 6*&r& to a++&al' S&ction 5' "o) a++&al taF&n' "O6 APPEAL IS TA>EN 1. )ppeal to the Re ional Trial 'ourt8 by filin a notice of appeal with the court that rendered the "ud ment or order appealed from and servin a copy to the adverse party +. )ppeal to the 'ourt of )ppeals from decision of the Re ional Trial 'ourt in the e?ercise of its ori inal "urisdiction8 by filin a notice of appeal with the court which rendered the "ud ment or
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order appealed from and servin a copy to the adverse party )ppeal to the 'ourt of )ppeals in cases decided by Re ional Trial 'ourt in the e?ercise of its appellate "urisdiction8 by petition for review )ppeal to the 'ourt of )ppeals in cases where penalty imposed is life imprisonment or where a lesser penalty is imposed but involvin offenses committed on the same occasion or arisin out of the same occurrence that ave rise to the more serious offense for which the penalty of death or life imprisonment is imposed8 by filin a notice of appeal with the 'ourt of )ppeals. 3eath penalty8 automatic review by the 'ourt of )ppeals. !).(. 0o. DD;>;D.;S', October 1>, +DD=* Other appeals to the Supreme 'ourt8 by petition for review on certiorari. Error o( Jurisdiction
renders an order of "ud ment void or voidable reviewable by certiorari
Error o( Jud.m&nt
the court may commit in the e?ercise of "urisdiction reviewable by appeal
Mod&s o( r&-i&) The Rules of 'ourt reco nize = modes by which the decision or final order of the court may be reviewed by a hi her tribunal, viz.8 1. ordinary appeal +. petition for review .. petition for review on certiorari =. automatic appeal
3ENERAL RULE! The findin s of the "ud e who tried the case and heard the witnesses are not disturbed on appeal. E CEPTION! 7hen it is shown that the trial court has overlooked certain facts of substance and value that, if considered, mi ht affect the result of the case. ! People vs. Cabiling, %- SCRA 2,5* The reversal of "ud ments entered in the court below is prohibited, &E'&/T for pre"udicial error that which tends to pre"udice a substantial ri ht of a party to the proceedin s. S&ction $$' Sco+& o( Jud.m&nt' The appeal confers upon the appellate court full "urisdiction and renders it competent to e?amine the records, revise the "ud ment appealed from, increase the penalty and cite the proper provision of the law. )n invocation of the constitutional immunity from double "eopardy will not lie in case of appeal by the accused. The reason bein that when the accused appeals from the sentence of the trial court, he waives the constitutional safe uard a ainst double "eopardy and throws the whole case open to the review of the appellate court. S&ction $4' &-id&nc&' Po)&r to r&c&i-&
Ot*&r +o)&rs o( t*& Court o( A++&als! 1. to try cases and conduct hearin s9 +. receive evidence9 .. perform any and all acts necessary to resolve factual issues raised in cases8 a. fallin under its ori inal and appellate "urisdiction9 b. includin the power to rant and conduct new trials or further proceedin s. S&ction $5' Quorum o( t*& courtA c&rtti(ication or a++&al o( cas& to t*& SC' a. 7henever the 'ourt of )ppeals finds that the penalty of death should be imposed, the court shall render "ud ment bur R&1R),0 from makin an entry of "ud ment and forthwith certify the case and elevate its entire record to the S' for review. b. ,n cases where the 'ourt of )ppeals imposes reclusion perpetua, life imprisonment or a lesser penalty, it shall render and enter "ud ment imposin such penalty. The "ud ment may be appealed to the S' by notice of appeal filed with the 'ourt of )ppeals. !).(. 0o. DD;>;D.; S', Oct. 1>, +DD=* S&ction $7' Motion (or n&) trial' (otion for new trial based on 0ewly 3iscovered &vidence may be filed at any time )1T&R the appeal from the lower court has been perfected )03 $&1OR& the "ud ment of the appellate court convictin the accused becomes final.
EFFECT OF DIRECT APPEAL TO T"E SUPREME COURT ON QUESTION OF LA6 IN CRIMINAL CASES ) direct appeal to the Supreme 'ourt on 4uestions of law in criminal cases in which the penalty imposed is not death or life imprisonment precludes a review of the facts. 'ases involvin both 4uestions of law and fact come within the "urisdiction of the 'ourt of )ppeals. )ppeal to the S' is 0OT ) ()TT&R O1 R,F2T, but a matter of sound "udicial discretion. The prescribed mode of appeal is by certiorari. S&ction 4' R&-i&) o( d&cisions o( t*& Court o( A++&als' 3ENERAL RULE! 1indin s of fact in the ') is conclusive upon the S' E CEPTIONS! 1. when the conclusion is a findin rounded entirely on speculation, surmises or con"ectures +. when the inference made is manifestly absurd, mistaken or impossible .. when there is rave abuse of discretion in the appreciation of facts =. when the "ud ment is premised on a misapprehension of facts >. when the findin s of fact are conflictin @. when the 'ourt of )ppeals in makin its findin s went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee A. when certain material facts and circumstances had been
Qu&stion o( la) ; when the doubt or difference arises as to what the law is on a certain state of facts. ,t must not involve an e?amination of the probative value of the evidence presented by the liti ants or any of them. Qu&stion o( (act ; when the doubt or difference arises as to the truth or the falsehood of alle ed facts. S&ction 5' D&cision i( o+inion is &/uall, di-id&d' The Supreme 'ourt, the 'onstitution ordains, shall be composed of a 'hief %ustice and 1= associate "ustices. ,t mat sit en banc or in its discretion, in divisions of ., >, or A members !Section =!1*, )rticle 6,,,, 1CBA 'onstitution*. ) criminal case shall be reheard by the Supreme 'ourt when the 'ourt en banc is e4ually divided in opinion or the necessary ma"ority cannot be had, if no decision is reached the conviction of the lower court shall be reversed and the accused ac4uitted. )ccordin to the 'onstitution, only the Supreme 'ourt en banc may modify or reverse a doctrine or principle of law or rulin laid down by the 'ourt in a decision rendered en banc or in division. RULE $49 SEARC" AND SEICURE S&ction $' S&arc* )arrant d&(in&d' S&arc* 6arrant an order in writin issued in the name of the /eople of the /hilippines, si ned by a "ud e and directed to a peace officer commandin him to search for personal property
SEARC" 6ARRANT
Order in writin in the name of the R/
"udicial re ion where the warrant shall be enforced9 .. 2O7&6&R, if the criminal action has been filed, the application shall only be made in the court where the criminal action is pendin . S&ction 5' P&rsonal +ro+&rt, to =& s&iB&d' Linds of property to be seized by virtue of a warrant8 1. sub"ect of the offense9 +. proceeds or fruits of the offense9 .. the means used or intended to be used for committin an offense. The rule does not re4uire that the property to be seized should be owned by the person a ainst whom the search warrant is directed. ,t may or may not be owned by him. ,n a search incidental to an arrest even 7,T2O#T a warrant the person arrested may be searched for8 1. dan erous weapons, and +. anythin which may be used as proof of the commission of an offense. S&ction 7' R&/uisit&s (or issuin. S&arc* )arrant' REQUISITES 1. must be issued upon probable cause9 +. probable cause must be determined by the issuin "ud e personally9 .. the "ud e must have personally e?amined, in the form of searchin 4uestions and answers, the applicant and his witnesses and taken down their written depositions9 =. the search warrant must particularly describe or identify the property to be seized as far as the circumstances will ordinarily allow9
to be served only in daytime unless the affidavit alle es that the property is on the person or in the place to be searched. !sec. B* upon probable cause to be determined personally by the "ud e after e?amination in writin and under oath in the form of searchin answers and 4uestions. Only issued if there sworn statements is a necessity of and affidavits of placin accused complainant and under immediate witnesses must be custody submitted to court.
T&st to d&t&rmin& Particularit, 1. 7hen the description therein as specific as the circumstances will ordinarily allow +. 7hen the description e?press a conclusion of fact; not of law which the warrant officer may be uided in makin the search and seizure. .. 7hen the thin s described are limited to those which bear direct relation to the offense for which the warrant is bein issued. E CEPTION! )0 )//:,')T,O0 1OR S&)R'2 7)RR)0T S2):: $& 1,:&3 7,T2 T2& 118 1. any court within whose territorial "urisdiction a crime was committed9 +. any court within the "udicial re ion where the crime was committed if the place of the commission of the crime is known, or any court within the
S&ction 9' Issuanc& and (orm or s&arc* )arrant' ISSUANCE OF SEARC" 6ARRANT The 'onstitution ordains that no warrant shall issue but upon probable cause supported by oath or affirmation. FORM OF SEARC" 6ARRANT The search warrant must be in writin and must contain such particulars as the name of the person a ainst whom it is directed, the offense for which it was issued, the place to be searched and the specific thin s to be seized. )n application for a search warrant is heard e?;parte. ,t is neither a trial nor a part of the trial. The e?amination or investi ation, which must be under oath may not be in public. ,t may be even held in the secrecy of the chambers. ,t must be under oath and must be in writin . S&ction ;' S&arc* o( *ous&I roomI or +r&mis&s to =& mad& in +r&s&nc& o( t)o )itn&ss&s' ,n order to insure that the e?ecution of the warrant will be fair and reasonable, and in order to insure that the officer conductin the search shall 0OT e?ceed his authority or use unnecessary severity in e?ecutin the search warrant, as well as for the officer5s own protection a ainst un"ust accusations, it is re4uired that the search be conducted in the presence of the8 1. lawful occupant of the place to be searched, +. or any member of his family, .. or in their absence, in the presence of two witnesses of sufficient a e and discretion residin in the same locality. This re4uirement is mandatory. S&ction <' Tim& o( maFin. s&arc*' 3ENERAL RULE!
1D days from its date, thereafter, it shall be void. ) search warrant can be used only once, thereafter it becomes functus oficio. 7hile, under section 1D, a search warrant has a validity of 1D days, 0&6&RT2&:&SS, it ')00OT be used every day of said period and once articles have already been seized under said warrant, it ')00OT be used a ain for another search and seizure, &E'&/T when the search conducted on one day was interrupted, in which case the same may be continued under the same warrant the followin day if not beyond 1D day period. !+y ;#ey in vs. 0illareal, -2 P#il. ,,6* S&ction $4' D&li-&r, o( K+ro+&rt, and in-&ntor, t*&r&o( to courtA r&turn and +roc&&din.s t*&r&on'
Rul& $4: PROVISIONAL REMEDIES IN CRIMINAL CASES S&ction $' A-aila=ilit, o( +ro-isional r&m&di&s' NATURE OF PROVISIONAL REMEDIES
1. Those to which parties liti ant may resort for the preservation or protection of their ri hts or interests and for no other purposes durin the pendency of the action. They are applied to a pendin liti ation for the purpose of securin the "ud ment or preservin the status 4uo, and in some cases after "ud ment, for the purpose of preservin or disposin of the sub"ect matter.
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The re4uisites and procedure for availin of these provisional remedies shall be the same as those for civil cases. The provisional remedies under this rule are proper only where the civil action for the recovery of civil liability e? delicto has not been e?pressly waived or the ri ht to institute such civil action separately is not reserved in those cases where reservation may be made. 7here the civil action arisin from a criminal offense is suspended by the filin of the criminal action, the court wherein said civil case is pendin can issue the aforesaid au?iliary writs since such orders do not involve a determination of the merits of the case. !(abala vs. Aba"o, $0 P#il. ,2%* >inds o( +ro-isional r&m&di&s 1. attachment +. in"unction .. receivers =. delivery of personal property >. support pendente lite
INFORMATION4 The undersi ned accuses 2)00)2 ()& 6&0T#R) of the crime of (#R3&R ., committed as follows8 That on or about 3ecember >, +DD= =, in $atute, (anila>, /hilippines, within the "urisdiction of this court, the said accused did, then and there, with malice aforethou ht and with deliberate intent to take the life of R&0&& %O, M)$):) @, willfully, unlawfully, feloniously, suddenly, une?pectedly, and treacherously attack the latter with a metal fork, first woundin her in the back, and afterwards, when enfeebled and unable to defend herself, a ain stabbed her in the neck, both wounds bein necessarily mortal A, thereby causin the direct and immediate death of said R&0&& %O, M)$):). 'O0TR)R- TO :)7. )pril +B, +DD>. QQS d. 1iscal 2appyQQ !'ityG/rovincial 1iscal*B
0ame of the accused, Sec. A, Rule 11D. ,nformation, Sec. =, Rule 11D. . 3esi nation of the offense, Sec. B, Rule 11D. = 3ate of commission of the offense, Sec. 11, Rule 11D. > /lace of commission of the offense, Sec. 1D, Rule 11D. @ 0ame of the offended party, Sec. 1+, Rule 11D. A 'ause of the accusation, Sec. C, Rule 11D. B Subscribed by the prosecutor, Sec. =, Rule 11D.
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