Escolar Documentos
Profissional Documentos
Cultura Documentos
CASES
A. Jurisdiction
1. People vs. Buissan,105 SCFA 547
2. People vs. Lagon, 185 SCRA 442
B.
1.
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3.
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5.
prescribed
form
of
complaint
or
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Sufficiency of
complaint
or
NOTES
1. The purpose of this section is to inform the accused
of the nature and cause of the accusation against
him, a right guaranteed by no less than the
fundamental law of the land. (people v. Cutamora et.
Al. GR No. 133448-53, Oct. 6, 2000). The Constitution
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2.
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5.
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same penal provisions are united in one and the same intent or
resolution leading to the perpetration of the criminal purpose as
aim.
As a public prosecutor you are confronted by a delicto
continuado committed by Pedro. How many informations would
you file against him. Why?
The rule on duplicity of the offense accepts an exception, that
is, when the law prescribes a single punishment for various
offenses. Will you elucidate on this exception.
The exception to the rule against duplicity refers to the
complex crimes under Art. 48 of the Revised Penal Code
wherein a single penalty is imposed and the special complex
crimes or composite crimes penalties therein. (Arts. 266-B, 267,
294, 297 and 320, amended). Where the allegations of the acts
imputed to the accused are only to show the modes of
commission of the crime or are merely different counts
specifying the acts of perpetration of the same crime. There is
no duplicity. There is likewise no duplicity when the other
offense or essential element of the real offense charged as
when the several acts stated are related in describing the
offense. (People v. Camerino, et. Al, 108 Phil. 79.).
Section 14- Amendment or Substitution of information.
1. The complaint or information may be amend in form and
substance without leave of court, at any time before the
accused enters his plea.
2. However, after the accused has pleaded, and during the
trial, a formal amendment can be made only with leave
of court and when his can be done without causing
prejudice to the right of the accused.
3. But any amend even when done before the accused
enters his plea requires the motion of the prosecutor,
notice offended party and leave of court where the
amendment will down grade nature of offense charge or
will exclude an accused from the complaint or
information. Whether the court grants or denies the
motion it must state the reasons in resolving the motion
and shall furnish copies of its order to all the parties,
especially the offended party.
When may an information be substituted with a new
one?
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of its voyage, the proper court is the court in the first port of
entry or of any municipality or territory through which the
vessel passed during such voyage subject to the generally
accepted principle of international law. Where the crime was
actually committed is immaterial, where the crime is committed
while the vessel is in transit, which means while passing from
on place to another in the course of this voyage.
NOTES
1. Par.(a) states the general rule on venue i.e, where the
offense was committed or, as in continuing offense,
where any of the essential ingredients of the crime took
place.
Exceptions:
1-a. This rule does not apply to cases originally
cognizable by the Sandigabayan which is a court
of nationwide jurisdiction.
1-b. This rule does not also cover-libel case which
are subjects to special rules of venue in both civil
and criminal aspects.
2. Under par.(b) the aircraft must be in flight within the
territory of the Philippines when the crime was
committed, otherwise the rule in par.(d) applies:
2-a. In case of train or other land vehicle, the
offense must be committed while the same is in
motion. If the train or land vehicle is stationary in
an intermediate stop or station, the rule in par.(a)
governs.
3. Par. (c) applies where the offense is committed in the
course of a voyage of a Philippine vessel within
Philippine territorial waters,
3-a. However, the port or point of departure is not
included as an alternative venue.
3-b. Where the offense is committed aboard a
Philippine vessel while navigating outside Phil.
Waters, the rule in Par. (d) applies, as this one of
the cases where phil. Courts have extraterrestrial
jurisdiction.
3-d. In case of a private foreign vessel, it is
necessary that the Philippines is a port of entry of
said vessel.
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2. After the criminal action has been filed in court for trial
on the merits, the petition to suspend shall be filed in
the same criminal action at any time before the
prosecution rests. (Sec. 6, Rule 111)
What is your concept of a prejudicial question?
1. A prejudicial question has been defined as one based on a
fact distinction and separate from the crime but so intimately
connected with that it determines the guilt or innocence of the
accused, and for it to suspend the criminal action, it must
appear not only that said case involves facts intimately related
to those upon which the criminal prosecution could be based
but also that in the resolution of the issue or issues raised in the
civil case, the guilt or innocence of the accused would
necessarily be determined. (Arthur Te vs. Court of Appeals, Et.
Al., G.R. No. 126746, November 29, 2000; Abunado vs. People,
G.R. No. 159218; Security Bank Corp. vs. Victorio, 468 SCRA
609).
2. A prejudicial question must be based on a fact distinct
and separate from the crime, because if both actions arose from
the same fact or transaction, the civil case will not constitute a
prejudicial question to the determination of the criminal action.
Neither is there a prejudicial question if the civil and criminal
actions can, according to the law and rules, proceed
independently of each other. (People vs. Delizo, G.R. No.
142624, August 17, 2004).
3. Thus, if the issues raised in a civil action are so
similarly or intimately related to those in the criminal case such
that the resolution of the said issues in the civil case are
determinative of the juris et de juri of the guilt or innocence of
the accused in the criminal case, the proceedings in the
criminal case shall be suspended and the civil action shall
proceed until judgment on the merits. (People vs. Delizo,
Supra.)
4. The rationale behind the principle of prejudicial
question is to avoid the occurrence of two conflicting
decisions.
State the elements of a prejudicial question
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2.
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a.
b.
c.
b.
LECTURE
The officer making the arrest, if he cannot effectively
place the person to be arrested, alone and by himself; may
orally summon assistance from as many persons as he deems
necessary, and every person so summoned by the arresting
officer should respond to the summon and assist the officer
effecting the arrest, unless when rendering such assistant would
be detrimental to him. (Section 10- Rule 112.)
Suppose the person to be arrested flees to a building
and barricaded him therein, or he is reasonably believed to be
therein and refused the officer admittance to the building, the
arresting officer, whether with a warrant or without a warrant
may break into such building or enclosure, to affect the arrest.
However, before breaking into the building or enclosure the
office must first announce his and purpose, but he was refused
admittance. (Section 11- Rule 112).
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facts
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knowledge
of
facts
or
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3.
4.
5.
6.
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1.
2.
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7.
8.
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procedural
nature
of
the
required
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May the defect that the information has been signed and
filed by a person without authority to do so be cured by
the accused entering his plea without objection to such
defect?
An infirmity in the information such as lack of authority
of the officer signing it can not be cured by silence,
acquiescence or even by express consent, because it is a valid
information signed by a competent officer which among other
requisites, confers jurisdiction on the court over the case and
subject matter of the accusation.
That the criminal action or hability has been
extinguished. How are criminal action or liability
extinguished?
Article 89 of the Revised Penal Code provides that
criminal hability is totally extinguished;
1. By the death of the convict, before or after final
judgment, because one of the juridical conditions of
penalty is that it is personal. (Reyes, Book 1, p. 828);
2. By amnesty, which completely extinguishes the
penalty and all its effects;
3. By service of the sentence;
4. By absolute pardon;
5. By prescription of crime- prescription of the crime is
the forfeiture or loss of the right of the state to
prosecute the offender after the lapse of a certain
length of time (Reyes, p. 834)
6. By prescription of the penalty. Prescription of the
penalty is the loss or forfeiture of the right of the
government to execute the final sentence after the
lapse of a certain length of time.
7. By the marriage of the offended party with the
offender, as provided in Art. 344 of the RPC.
What are the instances which if averred in the complaint
or information would constitute a legal execute or
justification?
The justifying circumstances enumerated in Art. 11 and
the exempting circumstances enumerated in Art. 12, of the
Revised Penal Code.
But these circumstances must be alleged and must
appear on the face of the complaint or information; otherwise,
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for the state and testify against his co-accused regarding their
commission of the offence charged. The discharges accused
must himself be PARTICIPAS CRIMINISIS.
What are the requisites in order that a co-accused may
be discharged to become state witness.
1. There are two or more persons jointly charged with the
commission of any offence.
2. The prosecution must move for the discharge of one or
more accused to become as state witness, before the
prosecution rests its case.
3. The accused to be discharge must give his/their consent
to be state witness.
4. The prosecution must present evidence and the sworn
statement of each proposed state witness.
5. At the hearing the prosecution must demonstrate to the
satisfaction of the court:
a. There is absolute necessity for the testimony of
the accused whose discharged is requested.
b. There is no direct evidence available for the
proper prosecution of the offence committed,
except the testimony of said accused.
c. The testimony of said accused can be
substantially corroborated in 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. (Section
17, Rule 119)
N.B.: The evidence adduced in support of the discharge shall
automatically form past of the trial. But if the court
denied the motion to discharge the accused to become
state witness, his sworn statement shall be inadmissible
in evidence.
What is meant by absolute necessity?
Absolute Necessity connotes that there is no direct
evidence to implicate the other accused in the commission of
the offense charge except the testimony of the accused who is
proposed to be discharge to be a state witness. For instance, in
conspiracy which done in secret it is necessary to discharge one
of the accuse to provide direct evidence of the commission of
the crime, other wise the facts necessary for conviction would
not be revealed.
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In his motion for leave he must state the reasons for his
non-appearance at the promulgation and if he proves his
absence was for a justifiable cause he shall be allowed to avail
of the remedies provided by the Rules within 15 days from
notice. (Section 6, Rule 120.)
Supposed the accused is a detention prisoner, how the
notice of promulgation be communicated to him?
If the accused is a detention prisoner, the clerk of court
should notify the accused personally thru his warden and his
counsel.
Supposed he has been tied in absentia, how will the
notice of promulgation be served on him?
If the accused has been tried in absentia, because he
escaped from prison or has jumped bail, notice of promulgation
shall be served on him at his last known address.
May the trial court order its judgment modified?
Yes. Pursuant to Section 7 of Rule 120, a judgment of
conviction may, upon motion of the accused, be modified or set
aside before it becomes final or before appeal is perfected.
What are the requisites for modification judgment?
1. A judgment of conviction has been rendered.
2. the judgment has not become final or appeal has
been perfected.
3. The modification of judgment must made upon
motion of the accused.
Thus, the previous rulings allowing the prosecutor or the
court motu propio to move for modification of judgment,
although it has not become final, is no longer permissible.
When does judgment become final?
1. If the judgment is one of acquitted, it becomes final
at once upon promulgating.
2. If judgment is conviction after the lapse of the period
for perfecting an appeal;
3. Judgment also becomes final when the accused
serves the same either partially or totally, or when
the accused waives in writing his right to appeal;
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1.
2.
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Court in
decided
by the
only in
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Traffic Violation
Rental law Violations
Violations of city or municipal ordinances.
All other cases where the penalty does not exceed
six months and/or fine of P1,000.00 irrespective of
other imposable penalties, accessories or otherwise,
or of the civil liability arising there from.
5. In offense involving damage to property thru criminal
negligence when this imposable time does not
exceed P10,000.00
How are criminal actions commenced in the first level
courts?
Criminal actions in the first level courts are commenced
either by a complaint as information except in Metro-Manila and
other chartered cities, where criminal actions are commenced
only by information, unless the offense cannot be prosecuted de
oficio.
When a complaint as information is filed in a first level
court, what is the initial step which the court should
take?
The court should determine where the action is proper
for summary procedure of for regular procedure, and should
issue the corresponding order declaring whether or not the case
shall be governed by the Rules on Summary Procedure.
What documents should accompany the complaint or
information?
The complaint or information should be accompanied by
the affidavits of the complainants and his witnesses in such
under of copies as there are accused plus two copies for the
courts file.
What should the affidavits contain or state?
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What should
information?
the
court
do
with
the
complaint
or
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