2007 PRE-BAR LECTURE-IN:REMEDIAI ** Criminal Procedure™~ Judge Ma, Cristina Cornejo’ Liaw 11 just Introduce myself, I am Judge Ma. Cristina Comejo of Regional Trial Court of Makati. ‘The Republic of Makati, Branch 147, the Binay country. Okay. I'rt sorry but T'd have to give notice as early as now because 1 wil be dismissing early because I am y, uly, hovesiiy..1 am wuiy, nonestly sick. But I'l try to coyer as much. Don: wouy 11 finish tomorrow the coverage, I'm assigned Criminal Procedure, neh?” Ang dami nyo. Can you see me over there? I'm kinda short, you know. Can you see me ‘over there? Sagot. [barristers: Yes, ma‘am.O] 7 : ‘Okay. A very Important concept in. Criminal ;Procedure, as well as in Civil Procedure, Is of course, jurisdiction. Please do not forget that. It’s very, very important = the concept of jurisdiction. You know very well that jurisdiction refers to the authority. thority of the court to hear and decide a case. This Is likewise how It Is defined in Guil Procedure, Tt refers to the authority of the court to hear and decide a case. Now, as far as criminal cases are concemed, when you talk about jucsdiction, you are likewise. talking, about In the event of a judgment of convigtion ‘being’ rendered there is an. imposition of pencity by the court "Correct? “Now, the Imposition of the penalty is Feferred to, in case of the judgment of convictiin in'driminal cases; that is referred to as the exercise of jurisdiction. But as far asejiisdiction Is concemed, you're actually + referring to authority of the court.to hear and decide a casé. ‘Now, very important to * remember. please. I think this & likewise the sathe as In Givil-Procedure. : Jurisdiction isy determined by the law ia force at the time of the'commiéncemientof. the ‘action. Okay. So, Jurisdiction Is determined by the, law in force.at'the time,of:the commencentent.of lifalsaction..you talk about ion, for the action, .As far as criminal cases aré-concemed; the, criminals the commencement of a criminal action,¢i ba for purposes of of Initiating and determining prgbable.cause ih cases of absénce of, ‘any arrest situations, YyOU Tile your complaint before thie prosecutor’s‘bffice. You file your complaing before the Prosecutor's, office for purposes of,9°Pl/(a, preliminary investigation). That is Conacement of actinine! actions Now, when vou my ener Se at GOR) a judicial pOCEETAY When ts judkial procecding bers come tis “0 ‘at the time of he filing Of the information each Is the formal inditement, ha. The formal chargé as agaifSt the atcused: Now, When Is a jurisdiction determined by the law in force at the time of the commencement’ of - the action..therefore, if you are in a quandary as to what ‘court Wollld have jurisdiction over” this carticular case, a criminal case, then you have to determine what is the operative flaw at the time you are filing the complaintfha. So, what is the law? Cecause there is a law that confers jurisdi¢tion on each and every court.“ There Is a law that says what ‘court has jurisdiction over this particular ease. Same concept as far as Civil Procedure is condemed. Now, there are actually two laws. You know this,.noh? There are actually two faws that conferred jurisdiction on the courts. One Is B.P, 129, ‘right? B.F. 129, which is the Judiciary Reorganization Act of 1980. And then it was anended by Republic Act 7691, which expanded the jurisdiction of the MTCs, ha. So, Reoubi which expanded the jurisdiction of the MTCs, was promulgated as early as April 1994, Do you remember? It was promulgated as early as 1994. E.P. 129, lowever, is promulgated as of 1980 because it is the Judiciary Reorganization Ad of 1980. Okay. So, ‘yung principle that jurisdiction is determined by the law in force 2t the time of the: commencemerit of the action, you have to be aware of the two laws that confers Jurisdiction, Therefere, if let’s say at the time of the commencement of the action, at the time of the'filing of the complaint before the prosecutor's office for purposes of a 1 -—_eoeoor RE), LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, THO! AIAN, RACHE, TING, DANA, DEI, AN} _ MARIE, MIKE, RYAN, 17 KATH RAT MAS a) Ms ee MARIE, MIKE, RYAN, TATCH, KARL, ie2007 PRE-BAR LECTURE IN REMEDIAL LAW | re Criminal Procedure Judge Ma. Cristina Cornejo om Breliminary..even for purposes of a preliminary Investigation, the operative low is B.P. x 129, "Whot is the Joradeton of the MT ne for oe GP 129 te Concerned cima cases? Tf the imposable penalty or the penalty prescribed by the Code for the offense charged is imprisonment of up to prision correccional medium..'di ba four years, two months under 0.P. 129° But, upon cxpansiin ui line juisdrction of the MTCS By virtue of the proinulgation of 7691, the Jurisdiction of the MTCs now would be Up to the full Extent of prision comeccional, which is six years. ‘Pay six years and one day, RTGna «Yen. Kasi ‘yung one day. Because it is already prision mayor. So you have t8 be very conscious. Now, i the operative law at the time of the commencement of the action is BP. 125, you take note of the penalty in order for you to know what court has Jurisdiction because you are now gaing to refer to that law, which -s operative at the time of the commencement of the action. Gets nyo? May sakit pa axo nan, Mamaya ‘Pag nakatulog ako. Bukes malakas na, rocedure ~ the doctrine of adherence ot jurisdiction. What do you mean a particular case as confer edi . ltrespective of subsequert devel , itrespective of subsequent _amefidatory laws . EXCEPT if the amendatory law provides for a retroactive application, That is the : {ule. doctrine of adherence of jurisdiction. This doctrine likewise applies in civil cases. ; ‘You took this up in your Civ Pro. Okay. Now, how do we illustrate this? Ire-relate natin “Yung two rules. Jurisdiction Is determined by the law in force at the time of the commencement of the action. If the law in force at the time of the commencement of the action is 8.P. 129 and the offense is penalized with the penalty of, le’s s2y, prision mayor. It is penalized with the penalty of prision mayor. No, no..et’s say it is penalized with the penalty of prision correccional maximum. At the time of the commencement of the action, at the time of the filing of the complaint, the operative law was B.P. 129 and : the accused is charged with an offense for which the Code provides a penalty of Imprisonment of prisian correccional maximum. Question: What court has jurisdiction? RTC. ‘Di ba sabi ko sa inyo up to four years and up to prision correccional medium. four year and two months. Kasi four years, two months and one day under 8.P. 129 ano na ‘yan RTC. Okay. So, at the time of the commencement ‘of the action the operative law Is BP. 129 and the penalty imposed is imprisonment of prision correccional maximum. So, fi-nile sa RTC. During the pendency of the action before the RTC, pasok Republic ‘Act 7681, which expanded the jurisdiction of the MTCS. Question: Upon the ‘expansion..upon the promulgation of 7691, which expanded the Jurisdiction of the MTCs, during the pendency of the action before the RTC, is the RTC effectively deprived of jurisdiction over that case? What do you think? "Is the RTC effectively deprived of Jurisdiction kasi na-expand na e, which means that up to six years? But the imposable enalty is prision correccional maximum. Is the RTC effectively deprived? NOI y Adherence of jurisdiction. adhere..stick..kabit. ‘Di ba, it sticks ~ that Jurisdiction. Once the court acquires jurisdiction over a particular case that is conferred upon it rt Jurisdiction will remain with that court until after the termination Of subsequent Gevglopments, ircnspactive Cheubsequent amendatory lawsgexcent chen the amendstory law provides tor'a retroactive application. Is t dear} Yes Okay. Next point. This is likewise the same as Civil Procedure. ‘Di ba jurisdiction is always con‘erred bystaw. »Now, as far as.dalo-na if i's a criminal case..you know very 2 ee BAMBI, CATHY, DAN, TINA, PJ, LES, RIIINA, DARYL, REL, LALA, ICE M, RAICO, ANNE, ICE C, JUNO, TiaCT batts ING, DANA, DEL, AN}, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCH, KAKI, KATHE TKAT, MAJ| 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure - Judge Ma. Cristina Cornejo well noh ‘yung VENUE as distinguished from JURISDICTION. ‘Di ba there are four Gistinetions as far as civil cases are concerned. ;Venue ls, of course, same concept (raman. Iti the place of institution ofthe action. But, whereas inudvil cases venue can be agreed upon, In criminal cases ~ NO, because venue in criminal cases 1s iurisdictionat That's aiwther point to.reruember as tar as criminal cases are concerned. Okay. Now, we talk about jurssdiction, What would be the jurisdiction or the extent of the Jurisdict:on of the MTCs?. 0, you know if the penalty as provided for now under 7691 is Up 0 prisian correcciona/ to its full extent ha. Up to six years. If it is more than six Years, RTC na. Likewise, MTCs have jurisdiction over violations of city and municipal Ordinances, violations of the traffic laws. Dati importanteng-importante sa akin ‘yan. , Violation of eity and municipal ordinances, violations of traffic laws. Okay. Now, criminal negligence. Crininal negligence under 365 of the Revised Penal Code - they fall under tthe jurisdiction of the MTCs. Question: Do the MTCs have jurisdiction over offenses committed by public officers or employees? Do the MTCs have jurisdiction over offenses Committed by BUBTE Officers or employees? YES. The MTCs have jurisdiction. Okay. The MTCS have Jurisdiction with respect te offenses committed by public officer! gccupying salanXgrade below 272 Kasi pala, jurisdiction is conferred bylaw.) It is Conterred By law GIR -epcritve at the tae of the commencement of-the”action EXCEPT if jurisdiction would depend onthe, ihn. the accused at the time ‘of the commission of the offense, So, papascirpa rin ‘yan. Now, once you go to the RTC, what is the extent of the jurisdiction of the RTC? You know this. If the Imprisonment exceeds six years, which Is prision mayor. Six years and one day - prision mayor ~ that is already falling under the jurisdiction of the RTC. Next, what about offenses likewise committed by public officers or employees occupying salary grade below 27, meron pa rin silang jurisdiction depending on the case, the nature of the case. ‘Now, next..what about the Family Courts? Please remember in the organizational set-up, by virtue of Republic Act 8369, that is the law that creates the Family Courts. But sadly, for lack of funding, Family Courts are not actually created seoarately from the RTCs, Presently, there are Family Courts, but they are ‘only designated. They are basically, essentially Regional Trial Courts. ‘Magiging special courts larg sila. And they are given jurisdiction as conferred by law ~ Republic Act 8369 - on Family Courts. So, they are designated as Family Courts. Now, what would be the extent under the Republic Act 8369..what would be the extent of the jurisdiction of the Family Courts? ‘Now, Family Courts have jurisdiction - exclusive jurisdiction - over offenses, over criminal cases where any of the accused or any of the private offended parties is @ minor at the time of the commission of the offense. Take note of this na - where any of the accused or any of the private offended parties is a minor at the time of the commission Of the offense. You have to be careful with this because one time it happened sa totoong buhay. It is a regular court. The case was filed before the reqular court and a witness was called to the witness stand to testify for the prosecution. T:ie witness was a minor. Sabi ng judge, Ah! J have no jurisdiction, The witness is a minor. This belongs to the Fantly Court, HINDI witness ha. Complainant..any of the complainants. Any of the private offended narties. Any of the accused. NOT a mere witness..that could place the case under the Jurisdiction of the Family Courts. kay Wiiat else? Family Courts fave jurtsuiction over v'olations of the DDL (the Dangerous Drugs Lav”) committed by minors. "Yung violation of the ODL (Dangerous Drugs Law - 9165) * committed by minors. Family Courts have jurisdiction over violations of 7610 (the Child Abuse Law). Family Courts likewise have jurisdiction over cases of domestic violence against women 3 —_—____——— AE} LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, P], LES, RHINA, DARYL, THAR RACHE: JING, DANA, NEI, a}, JACQ, ANTHONY, MARIE, MIKE, Tate’ TAICH, KakL, KATHE, KITKAT, MA)2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure : Judge Ma. Cristina Cornejo and children (9262). Okay. Family Courts have Jurisdiction. They apply now the correlative laws with respect to the Jurisdiction. ney. Now, what about Sandiganbayen? Please take note ha..Sandiganbayen hes buth urignal-and oppatiate jurisdiction." Sendigenbayen hes both. original end apellate Jurisdiction. tn criminal cases, the Court of Appeals ‘only has appellate Tre aaa it criminal cases, the Supreme Court only has appellate juridicion. But the Senciganbayan has both original and appellate jurisdiction. Okay. { think W's part of sanseov2r208.-Yung distinction ~ ‘yung Republic‘Act 7975 In relation to Republic Act £249. Both are Sandiganbayan faws that provide for’ the Jurisdiction of the pong anbaven. Yung 7875 has been amended by Republie Act 8249. So una dyn 7975, amended by Republic Act 8249, Now, if you analyze where lies the difference between these laws, sabi dun sa 79759 the Sandiganbayan has exclusive originaly Jurisdiction over violations of 3019 (Anti-graft and Corrupt Practices Act), where one. qr ‘more of the principal accused are officials occupying salary grade 27 or hhighey. Tingnan nyo dyen ha..7975. Violations of 3019, where one of more of the Principal accused are Public officials occupying salary grade 27 or higher. Tingnan ninyo dun sa 8249. This is Where there is an amendment. Sandiganbayan has original exclusive jurisdiction over violations of 3019, where one ‘or more of the accused are public officials occupying salary grade 27 or higher. Saan ang difference? In 7978, kwinalify ~ one or more of the ate public officials occupying salary grade 27 or higher. Republic Act S247'vilation ha of 3019, where one or more of the accused — wala nang. principal ipying salary grade 27 or 52 7975, one or more of the principal langz principal accused. Now, sa 8249, Inclusive na..any one or more of the accused. Gets n'yo? ‘Okay. Now, next point of distinctior 7975 + ‘Sandiganbayan has original exclusive Jurisdiction over other offenses or felonies committed by public officials occupying salary grade 27 or higher In Felation to thelr office. Ito ‘yung qualifying phrase ~ occupying [committing] any other offensa ha, other than violation of 3019 violation oF purer offenses committed by public officers or employees occupying salary grade 27 or higher and they are committed in elation to their office. . Ler’s go muna to 8249,f Same.Sandiganbayan has original exclusive jurisdiction over other offenses or felonies, whether simple or complexed. Sa 8249 ‘yan ha..kwinalify. Other offenses, whether simple or complexed with other crimes, committed by public officers or employees occupying salary grade 27 or higher in relation to their office. So sa second difference nile.pareho.roh.in relation to their office. Now, you have to qualify, What do you mean by *in'relation to their office? Meaning that tig shen ‘must be a component parf’ éof the crime:#It must be an essential part of the crime! It must be a component part of the crime, For example, ‘di ba ‘yung malversation..the offender here must be an accountable public officer. So ‘pag sinabl mong in relation, the offense cannot be committed without taking consideration of the position occupied by the accused. In siner words, according to the Supreme Court in one case, which was promulgated in 2001, It Is the nature of the offense and the position occupied by the accused at the time of the commission of the offense..again ha..the nature of the offerise and the postin cxcupied.by the accused at the time of the commission of the offense These are thej po the ns Site Gua nan before the Sandiganbayen can take cognizance of a casel Again ha..the nature of the offense and the position occupied by the accused at the time of ne commission of the offense ~ these are the two conditions sine qua non (indispensable) 4 DAN, TINA, PJ, LES, RHINA, DARYL, Ail LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, neat JING, DANA, DEI, AN], TaCOs ANTHONY MARIE, MIME, PAB, TATCIS; KARL, KATIE,we , 2997 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo before the Sandiganbayan can take cognizance of a particular case. Okay. Now, I said ast tne. Sandiganbayan has original jurisdiction, as well as appellate jurisdiction. ooelate jurisdiction over what? Over decisions of the RTC ha, whather RTC exercised i original jurisdiction or exercising appellate jurisdiction over decisions of the MTC. So, ite Sandiganbayen has both orginal and appeiiate jurisdiction, “Yung.appeliate n' Spm secsions of the RTC, which have been rendered by the RIG; either In the exerci (2! AS origmal jurisdiction ‘or in the exercise of its. appellate jurisdiction’ over deci fewered by the MTC ‘Now, T mentioned earlier that as far as Court of Appeals is coemed, 25 Well as the Supreme Court, they have. purely appellate jurisdiction in ciminal cases. “Yung appellate nila, we'l take it up later when we get to appeal. sete Om: tS 90 to the Rules proper. Very important..please. May amendment. I'm Peeung Out important amendments. Now, Rule 110. If you notice noh, prosecution of orenses. Kasi in Rule 111, ® is prosecution of civil action. Okay. "Prosecution of Ofenses under Rule 110, Section 1, there's already an ‘amendment. Remember, ths Gn dealing with the revised rules, 2000 Rules, as amended, of Criminal Procedure. Ota. Section 1 & very important kasi sabi dito, criminal actions shall be instituted. This §5 Institution of criminal actions. Please take note, Institution of criminal actions for Purposes of PI (preliminary investigation). Okay. Sabi, for offenses where a PI is Feauited pursuant to Section 112

, by filing the complaint with the proper officer for the purpose of conducting the requisite Pl. Okay. First vestion..h first point — When &s preliminary investigation Before the revision OF the Rules, take note, if the case is cognizable by the MTC, preliminary investigation Is NOT a matter of right or say a matter of right.it cantt be demanded by the accused, Before the revision of the Rules in December of 2000, if the case is cognizable by the MTC, preliminary investigation is not a matter of right on the part of the accused, unless you can come up with a very, very good reason..compelling reasmn..the MTC would not Grant it. Soy:when ts pretiminary investigation under the present Rules a matter of right, meaning it is required that you go through even if it cognizable by the MTC,\for as tong paros | day aa 2s the imposable penalty is at least four years, two months, one dey’ ‘Less than four Years, two months, one day, Pl is NOT a matter of right! But if the imposable penalty J ‘at least four years, two months, one day,,aceliminary Investigation is required.f It is mandatory and therefore, it is a matter of right on the part of the ‘accused. ‘Therefore, tingnan ninyo ha, before the revision of the Rules, I told you, Pl is not a matter of right in cases cognizable by the MTC. Pwedeng direct filing even without a PI. Under the Present Rules, even if MTC case for as long as the penalty imposed is four years, two months and one day, PI is a matter of right.. Pl is required. Ang jurisdiction ng MTC ‘now 's up to six years. So PI now may be compulsory..PI may be a matter of right eveny In cases before the MTC for as long as the imposable penalty for the offense charged ig ¥ ‘at least four years, two months, one day. Next, ito namang paragraph (b) of Section 1 of Rule 110, erased na ‘yan. Because efective Octol er 3, 2005, MTC judges are NO longer allowed to conduct PI |As)) Of October: 3, 2005, only the prosecutors, the fiscals; can conduct P! now: Talagang Gelineated 3. $0, ‘PI’ how is already talagang strictly an exccutive functiong Executwve..iyung fiscals, they are under what? They are under the “Gonzales” ‘di ba? The Gonzales is the DOJ. And the 00) is under the GMA. Office of the President .so, executive ‘yan. The prosecutors now are only the ones authorized,! Before this Particular Admin Order-of-the Supreme Court, promulgated and effective October 3, . 5 ere ——————— Aes AtAs ICE M. RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, - RAGE JING, DANA, DEL, ANI, JACQ, ANTHONY, MARIE MIKG, RYAN, TATCH, KAKU RATKE, Year)2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo 2005, ‘di ba MTCs can conduct Pl, subject to review by the provincial prosecutor? Okay. So now, MTC judgus..that is ay in that particular circular or Administrative Order, MTC judges would have to terminate all Pls that they were conucting. preliminary investigation..as of December of 2005. So, presently wala na, There can no longer conduct PI ha..MTC judges. Okay, Very important .fs the third paragraph..the last paragraph In Section 1, Rule 110. Sabi n'ya dito, this would refer to the prescriptorl The institution of the criminal action. shall interrupt the rurning of the period of prescription of the offense charged’ unless Giherwise provided in special laws. One ~ the institution of a criminal action: for Purposes of preliminary investigation, The filng before the Aiscal’s office ha! That's the ipsttution of the criminal action, commencing the criminal action, for purposes of a Pl. Et already interrupts the period of prescription of the crime unless, sabi dito, there is & Special law. uniess otherwise provided in special laws, Remember, this incorporates..this particular short paragreph actually already incorporates the doctrines laid down in WS. Hon. Andres Reyes, a San Mateo case, and that is 1996..1992 or 1995. And Riodica Vv. A that is a 1998 case. The doctrines laid down in these bwo cases are now incorporated in this particular paragraph of the Rules, The institution of the criminal action shall interrupt..shall stop..the running of the period of prescription. Have you read the Saldiga case? ‘Yung Saldiga case, 1992 pala. It’s 1992, where she was cross: indited and she sued for violation of a municipal ordinance. She wes convicted by the MTC. She appealed because..her contention was ~ J cannot be convicted Because at the tine of the filing of the jr ion, prescribed na. Even if it was filed before the fiscars office. At the time of the filing of the Information in court, it has already prescribed, ‘Because It Is a light offense. It is a violation of a municipal ordinance. Okay, So, the decision of the MTC, the RTC, the CA — reversed. Why? Because it happened that there is such a law (3326), which provides for provisions for violations of all city and municipal ordinances. And that particular law provides for the prescriptive Period of any violation of city or municipal ordinance. What Is provided for there? The Provision there with respect to the period of prescription of the violation..‘di ba offense fa ‘yon, violation of city or municipal ordinance? Okay. So that is an offense. Now, what is te prescriptive period? Sabi, the prescriptive period shall be interrupted upon institution of judicial proceedings. Very clear. Nakalagay ‘doon..the period of prescription uf any violation of city or municipal ordinance shall be interrupted upon the Institution of judicial proceedings. As 1 said earlier, when. are-judicial proceedingas deemed instituted’ Upon the filing of the information in court. Correct? Upon the fing of the information in court. So, even if itis filed before the fiscal’ olfice,.the violation of (mere Cty or. municipal ordinancé..it did NOT stop the running of the period of prescription, \_- Nihat vill stop the running of the perlod of prescription of the offense of violation of city or. municioal ordinance is the filing of the information in courty And what is the basis for that? That law, 3326, Now, therefore, sabi ng Supreme Court. it is now amended, once 2 complaint is filed before the fiscal’s office or the prosecutor's Office, even for purposds. (f @ preliminary investigation, the GENERAL RULE is ~ interrupted na kaagad ang Period, of prescription of the crime charged hawEXCEPT when there Is a,speciajpiaw t Provides for its own pettod of prescription of the offense and that provides for its Hleteruption of the period of prescription of the offense] Do you follow? That is the ru now. Filing in the fiscal’s office, interrupted. But if there is a law that provides for its wn Period, ‘yun lang ang susundin mo..susun..you follow that law..special law. Is it clear? That is the present rule now. ‘Okay. eee AEA ALICEM, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PLES, RHINA, DARYL, marae JING, DANA, DEL, AN], JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCI,, KARL KATHE, ,| 2007 PRE-BAR LECTURE IN REMEDIAL LAW | . __ Criminal Procedure Judge Ma. Cristina Cornejo Now, 1 need not discuss of course Itong complaint or information. You know this noh? Complaint..define. Okay. Let us just go to what are the offenses that cannot be prosecuted de oficia. OF course you know what is the concept of an offense or a crime that cannot be prosecuted de uficia. Meaning, it cannot be prosecuted..these are certain crimes that cannot be prosecuted except on complaint filed by the offended party or if he's a minor,.by the parents, the grandparents or the guardian ‘Di ba? Those are the facts. All other crimes which can be prosecuted de offcio it can be filed by anYbody,and then the Information will be filed by the fiscal. Okay. Now, may amendment dito ha. What are the crimes that cannot be prosecuted de offcio. ‘“ These are the crimes that Cannot be”prosecuted”@e Offa -_C-A:S-A-D-A’ Adultery, ‘Seduction, Abduction, Defamation and,Jcts, of lasciviousness. NOT every defamation cannot be prosecuted de offcio. It is only defamation consistin ‘Gf the imputation, as against the private offended party, of any of these private Okay. Not every defamation cannot be prosecuted de offdfa, ~-Okay. So these are the crimes that cannot be prosecuted de offcio. Repeats tayo repeats, These are the crimes that cannot be prosecuted de oficio now under existing laws — CASADA (Concubinage, Adultery, Seduction, Abduction, Defamation consisting in Imputation of the commission of any of the private crimes agalnst the private offended party ‘and Acts of lasciviousness). Okay. Before this, ang crimes that cannot be prosecuted de offcio pareho rin..concubinage, adultery, SARA. Pero ngayon, wala ng tape because rape Is now a crime against persons, by virtue of Republic Act 8353. Is it clear? Ah by the way, you have to be very careful likewise..this is procedural. "Yung concubinage and adultery..ito, concubinage, adultery. Sabi, this..very specific..the rule is very specific. Concubinage and adultery cannot be prosecuted except on complaint of the offended spouse. Very clear 'yan e. Concubinage and adultery cannot be prosecuted except on complaint of the offended spouse. Okay. So, concubina ang offending spouse? ‘Di ba the husband(ry). Okay. The husband(ry) is the offending spouse, and therefore who can prosecute concubinage? Only the wife. _Ito..ang offending dito, the adulterous wife and therefore sino ang magpo-prosecute? ‘The husband. Okay. I want you to be very careful with this because as I've always mentioned this in my classes just to show..to tell you the Importance of being able to take into consideration concubinage and adultery. There was one case when I was still MTC in Pasiy. Adultery was filed by the wife of the lover of the adulterous wife. Gets n'yo? Complaint sa adultery was filed by the lover..by the wife of the lover of the adulterous wife. I'm personally knowledgeable of this ‘cos I was consulted on this e. It was filed in the fiscal’s office. It was filed pero the complaint Is adultery. In other words, gigil na gigil ‘ung wife doon sa adulterous wife - ‘yung kabit. Okay. So ‘yun yung , Sabi ng fiscal, What do I do with this? Mga big-time ‘vung lawyers. So what kung big-time? I-technical mo. Under the Rules, it can only be prosecuted on complaint of the husband, She cannot sue for adultery because ang adultery is committed by the wife, the adulterous wile. Hindi naman s‘ya ang wife ng wife noh! Okay. So sabi ko + technical mo, Nasdismiss e on that ground. Why don’t you ask the husband to file the adultery complaint? Sabi n'ya, Ayaw nung husband. TL n'ya masyado ‘yung wife n’ya. True love. So it was dismissed. Okay. Now, next point to discuss. Please it’s very important. Sabi dito in Section 8 of Rule 110: [ hope you have your Rules with you because I'm pointing out ‘yung important noh, 'yungyemendments; In Section 8 sabi - The complaint or information 7 ee aa RE}, LALA, ICE M, RAICO, ANNE, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, Sihds Bake a Pee Perens Sere Ceres We eee ew ee[ 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma, Cristina Cornejo shall stete the designation of the offense and shall state the qualifying and aggravating circumstances, You have to state the qualifying and aggravating circumstances. These circumstances must b+ both alleged and proved for purposes of conviction. Correct? It must be both alleged and proved. Now, the qualifying agaravating and aggravating circumstances, Wat is the purpose naw? What Is the rationale for requiring that the qualityi circumstances would have to be alleged in lnformation?. This is to appvis. te accused of what circumstances may be takep agai him jn the event of any Judgment of conviction that may be rendered because it woul ‘affect the imposable penalty ‘Yan ang rationale d’yan. And of course by virtue of this the aggravating circumstances (nako-conscious na ‘ko) must be both alleged and proved. Okay. Now, let me just call your attention. This is actually not an amended rule. The rule is Section 13..duplicity. Let me just call your attention to this. What do you mean by duplicity? The rute is one information must charge only one offense. You know this. This Is basic e. 1 just called your attention to the importance of this provision. One Information: must charge only one offense. :If the information charges more than one’ Joffense, that Information is duplicitousy Ergoyilt Is vulnerable to 3 quashal,} That is the rule, One information must charge ly one offensg. If the information charges more than one offense, that information is duplicitous. Ergo, it is vulnerable to a quashal. ‘Di ba a motion to quash. One of the grounds for a motion to quash is duplicity of the offense. Okay. You know very that if the motion to quash is founded on duplicity, it has to be seasonably Invoked.) Otherwise, waived! That isthe rule, Motion to quash would have to be seasonably invoked..seasonably filed on any of the grounds provided for under the Rules. Otherwise, the grounds are waived, The grounds are waived EXCEPT: “t" ~ lick of jurisdiction over the offense charged WMO offense charged or the facts do not constitute an offense;{ criminal liability is extinguished; and number four, D: Gauble Jeopardy not disc jockey). So there are four exceptions to the waiver. If-you jo not seasonably invoke the grounds for a motion to quash, waived ha..except no offense charged or the facts charged in the information do not constitute an offense; lack of jurisdiction over the offense charged; criminal liability has been extinguished; and D) (double Jeopardy). Meaning that ito kahjt hindi mo ni-raise... are these grounds for a motion to quash seasonably raised? (Before arraignment! Any of these four grounds, itong exceptions, you may raise them at any time even: after arraignmente Okay. Now, going back to duplicity. Duplicity is not one of the four, Ergo, waiveable., ‘yan. For as long as you do not seasonably invoke it, you do not timely invoke it, waived. Okay. Now, if the information therefore is duplicitous - meaning it charges more than one offense - you do not seasonably raise an objection to the duplicitous character, waived ang objection mo to the duplicitous character of the information. Question: If waived ang objection mo and the information is duplicitous, can you be Convicted of as niany offenses as charged? Kasi waived e, ‘Ci ka nag-object. And therefore, you can be convicted kahit na..even if it Is duplicitous..but you were given an opportunity, an opportunity to object to the duplicitous character, You did not seasonably raise your objection against the duplicitous character of the information = waived, And therefore, under the Rules, you can be of as many offenses as charged. Next point, ang sabi natin, one information must charge one offense. If the GxcepDin cases of complex Information charges moie than one offense - duplicitous -| crimes, You know exception ‘yun ha. Except when the law prescribes a single Punishment for various offenses. ‘Yan ang complex crimes. One act producing two or 8 AE) LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, AN, paca, JING, DANA, DE}, 4%, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCH, KARL, KATHE,2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo more grave or fess grave felonies; one crime is @ necessary means to commit another crime. So, two ur more crimes ‘yan ha. Gut there is only one penalty..the penalty for the most serious to be imposed in its maximum, Article 48 of the Revised Penal Code. So that Is an exception. Only a complex crime can be an exception to duniiity. If i fot 9 comple rine and the information charges more than one offense totally distinct from each other that is duplicitous. Immediately before arraignment, file a motion to Bv2sh... Okay. Now, importante. there's an amendment in Section 14..you ‘speak about Substitution. Speak about "amendmen? Take note ha, yung amendment is first Paragraph and second paragraph. Substitution is third Paragraph. Simple lang ‘yan. Where do you draw the distinction between amendment and substitution? Amendment, there likewise Involves @ change in the information. Substitution it likewise involves 3 change of information. Iisuwhen-the:second:information charges the same offense,asf Jn the first information or an offense which is necessarily included in or necessarily’ includes the offense charged in the first information, only amendment is recessonpli But if the second information charges an offense totally different, totally distinct from ‘offense. charged in the first.information, there isfsubstitutiogt One information bel replaced by. another, Again ha..point to remember.” Difference between amendment and substitution - If the second information (the amended information) charges an offense which is the same as the first offense charged in the first information or which is necessarily included in or necessarily Includes the offense charyed in the first information, only amendment is necessary. But if the second information charges a totally different, totally distinct offense than the offense charged in the first information, substitution. Okay. The rule in is ~ before arraignment, the ir ki may be amendedhin substance and in form. Before arraignment ha. Even without prior leave of court, Correct? After arraignment, the information can be amended only witlt Prior leave of court and for as long as it wil not prejudice the substantial rights of the [Accused Correct? Ano ‘yung bago? Even before arraignment, there is need for leave Of Court. Kasi dati sabl noh ‘pag before arraignment, no need for leave of court. It can be amended, generall..in substance and in form. Now, what is the TeW provision 4 before asraignment kallangan..there must be leaye of court If the arniandment consi in: (1) downgrading the offense charged; or (2) exthiding af cpUused from the offense “Chatgedi General rule: Amendment in substance and in form before arraignment without leave of court..After arraignment, amendment only in form not in substance, but with prior leave of curt and for as long as it will not prejudice the substantial rights of the accused: 8ago..even before arraignment, you need prior leave of court to amend if the amendment consis's in either downgrading the offense charged or excluding an accused from the offense charged. For example, originally charged wit murder, ibinaba after investigation or re-investigation ibinaba to homicide..that is an emendment But even before arraignment, you have to obtain prior leave of court,and with notice jp the private offended party” Okay. Now, when you go to substi 1 said, in substitution, if the second information charges an offense that is totally distinct and different from the offense charged In the first information, Okay, Dito ha, 1 want you to reinember this. UF it appears at any time before judgment that a mistake has been made in charging the/ Proper offense, the couit shall dismiss the original complaint or Information upon the fling of a new one charging the proper offense in accordance with Rule 119, provided / the accused is not place in double jeopardy 1 want you to underline upon lithe fling of a new one: Do not ignore this “upon” ha because may significance ito e. The Court, if @ mistake inas been made in the course of the trial..it has been determined that 2 mistake has been made in charging the proper offense sabi..the court shall dismiss the 9 —------ $$ RE) LALA. Ice paien2007 PRE-BAR LECTURE IN REMEDIAL LAW “Criminal Procedure Judge Ma. Cristina Cornejo griginal complaint of informat dnstantly dismissf Kanit na the Oiferent charge. So the court determines that. The court does not immediajahy dismiss shad Sivismiss Wye Urere’s mo more ease. 10 ensure therefore corPouity in.the prosecution. ‘Because the court is not saying that he is not guilty of anything. The court is simply saying that you are charging him with the wrong offense. Do you follow? The Souris not saying that the accused is not guilty kaye dapat Fdicmiss. The rile. is just Bm net the court finds that a mistake has.he can be held lable for this offense only {hat hind naka-charge e. You cannot convict him for an offense which hes not been Gheraed. So the court is simply saying that he is of something — of afferent offense — gupen." So the court does not dismiss, bibigyan ang court.ang prosecntor the SrupTtunity to file @ new information charging the proper offense in the light of the * _ fer submitted. So kaliwaan ‘yan, “Pag-file.dismiss] Hindi kagad ‘yung jismiss ska file. Follow? Very important ‘yuog."upen” & ensure. the continuity of the Prosecution. “Okay. ; Venue..you know this. VERGE WT CATR CREE B Yotisdiction’l meaning..What Court has jurisdiction? It is the court of the place wherestneoWe*ZeE committed OF wuiere any of the essential Ingredients of the crime took place, in cases of continulng Grimes, Okay. So jurisdiction in criminal cases is vested in the court of the place where a crime was committed or where any of the essential ingredients of the offense took lace, In cases of a continuing crime. Intervention of the offended party in a criminal action - that would refer to what? Participation of a private prosecutor. Remember, private prosecutor always acts unde ‘the. direction and control of the public prosecutof. As in fact, if there i no public Prosecutor available, kailangan before he's allowed to enter his appearence or he's allowed to prosectte as private prosecutor, he has to obtain a written authority. He has to obtain a written authority from the provincial and city prosecutor. But always noh, the private prosecutor acts and prosecutes the case under the direct control and supervision of the public prosecutor. Kung titingnan ‘yan sa totoong buhay. there's a Drivate prosecutor, that gives the fiscal the opportunity to rest. Tim entering. your Honor, my appezrance as private prosecutor su,ject t0 the direct control 2nd supe. vision of the public prosecutor, Fiscal, ary authority? Sasabihin n'ya..J am allowing the private Prosecutor, your Honor, to present evidence for the prosecution subject to my control 2nd supervision. Uupo na ‘yan. Tutulog na ‘yan. Sometimes it happens. Okay. So ‘yung private prosecutor cannot participate in handling the criminal asoect without authority of the public prosecutor. Okay. Now, we're talking about. sabi d'yan..the offended party can enter into the picture for purposes of the civil aspect of the case via the entry of appearance of a private prosecutor. Okay. Now, we're talking about civil liability. Let’s go to Rule 111. Impertante...et m+ stress..very important..'yung ainendment dito - Section 1 = when a criminai action is instituted, the civil actiog for the recovery of liability arising fron. the offense charged shall i ‘deemed instituted with the criminal action unless the private offended pary the the civil action, feserve} the right to instiude eseparate civil actiog or institutes ivil action prior to the criminal action. Okay. Oaiirati, the nexus has been removed, . 10 —_—————— REY, LALA, ICE M, RE) LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA. PLL LES. RHINA, DARYL.2007 PRE-BAR LECTURE IN REMEDIAL LAW | Criminal Procedure Judge Ma. Cristina Cornejo Irate at, tits pled Insthution oh. The rule i once a criminal action ie qualincarion rent Beton, 8 impliediy instituted with the criminal action. — Walang instituted etth ake Note. Once a criminal action is instituted, the civil action is impliedly with the criminal action, Ngayon .very clear - what is i:intiedly insti TR ey MO lkly. that. civit jhecimee Cd chon. owing from acon 's impliedly instituted or deemed instituted with the criminal action is CWvil action flowing from the crime subject of the criminal action. If the ‘Action, in other words Noh; If the clvil action does not flow from the.crime subject of ace aon. walang. implied. institution. yNow, so ‘yun na ha. It is oo of the criminal pl taal ene 55 only that civil action flowing from the crime subject Tight to insttute a separate el wUOY Crt oftenad pay esores the Hg to fle a separate cil action; or prior nsttuton, whet does this mesa? ‘The ci acon 2 1 said.tlustration lang io, the drawing. the col acon that ls Impldly instituted with the criminal action is only and should’ owing i hey ly and should only be that civil action flowing from the crime ubject of the criminal action. ‘Yun ma ha. Clear. na ‘yon, Except: _waiver; reservation; Prior Institution. What do these exceptions mean? The exceptions 'sinply mean'that there isNO- implied. institution So the annulment is the civil action; bigamy is the : criminal action, The civil action. previously instituted civil action..meaning, the civil ‘© Prayer] tion is instituted ahead of the criminal action. Correct? © ‘di ba pasok na sa first element? The civil action was instituted ahead of the criminal action. Okay. Next element, If the civil action will determine whether or not the criminal action can * proceed. In other words, the ci ction will be determinative of the guilt or innocence of the accused In the criminal action. Okay. So, next element ~ if the action..so ito ang uunahin ‘dl ba..tf the action to annul Is. dismissed, therefore, he.has two marriages, existing marrlages..because dismissed e ‘yung action to annul. If the action to annul Is dismissed, he has two existing marriages. And therefore, can he be convicted .of : bigamy? If, on the other hand, the action to annul is granted, meaning the second. marriage Is annulled..he has only one existing marriage,.can he be convicted of bigamy? NO, because bigamy Involves two existing marriages. Therefore, is the civil action determinative of the guilt or innocence of the accused in the criminal action? Yes, and therefore it is @ prejudicial question. Is it clear? We're now In Rule 112. It Is a very Important Rule as far as Crim Pro is © concemed, It is on preliminary iivestigation? Take note, as I said earlier, a preliminary Investigation under the present Rules now is required and is compulsory if the imposable penalty for the offense charged is imprisonment of at Ieast four years, two months and ‘one day, which means that..kasl “at least” ‘yan..which means that if it is below four years, two months and one day, preliminary investigation is NOT a matter of right, is NOT even manoetory or compulsory, which further means that since Preliminary Investigation is @ matter of right and It’s compulsory in offenses penalized with Imprisonment of at least four years, two months and one day..further meaning that the. MIC can be required to conduct 2 preliminary Investigation. MTC now has jurisdiction ‘over offenses where the imposable penalty is imprisonment of up to six years..up to the ful extent of zrision correccional. Okay. Now, how itis defined..it is for purposes of determining that the fiscal conducts..we sald already noh the. persons authorized tq . conduét,PI especially now are only the fiscals ~ the:provincial.and city prosecutors, the national regional state prosecutors, other officers as may be authorized by law. Take hote ha, as of October 3, 2005, the, MTCS::cani:NO, longer: conduct, prefiminary ioned that earlier in Rule 110. Now, what is the purpose for Ynvestigation| I ment conducting preliminary Investigation? ‘Ukdgifor. the purpose. of finding or determining thay fxistence of probable. cause. Okay. Take note ha, th nce At _probable Kitemepy is an Shuse determination of existence of probable cause for Bykp C meaning it is performed now orty by thotfiscat, 3s provided fur under™ Secs Bur determinauon,.there 's on the other hand, another determination of probable causa, If dete ion of probable cause is for purposes of issuance of @ rant of are that is 2 pG@rely: judicial usaniond cannot Be perorney. ICIS NOT ATE ae arene rosecutor, That-is-wh} 's mentioned by some justices..'yung 14 RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, ete i eo ANTHONY, MARIE, MIKE, KYAN, TAICH, KARL, KATHE,| 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo {sung-uso ngayon e..once the Information Is filed In court, they lose in the preliminary Investigation..before the filing of the Information. So may preliminary investigation and the information is filed In court. So they lose there. They do not go up to the D0) for Durposes of review of the fiscal’s or prosecutor's determination of a.abatile cause. Whet they do is motion for judicial determination of probable cause. “Yan ang ginagawa nila ngayon e..motion. for judicial determination of probable causeg But you don't find that under the Rules. Because their purpose there is to seek a reversal of the resglution of the fiscal, There ls @ motion for determination of probable cause. There can be aj motion for“determination of probable cause addressed to the coutt’for purposes gf Of.a.warrant of arrest, NOT for, purposes of inditement. f Because what the lawyers do now is If they cannot seek a reversal of the resolution 0° the investigating prosecutor even if they went all the way up to the DO) via a petition for review, what they do Is last stop, the court. Anyway, nasa ‘Yo na ‘yan Mr. Court or Ms. Court. Anyway, the Information has already been filed before you. You determine probable cause. NO! The court will determine probable cause but only to issue a warrant of arrest, NOT. to.determine probable cause for purpases of inditement.! Kasi nag-file ng - “Information, meaning that IF the information is already filed in court} the prosecutor 15/7 only the one authorized to determine probable cause to file the information..has already found probable cause, The Supreme Court sald, that will not be aisturbed by the ci here is. finding of grave abuse of discretion. {The courts will not interfere with: iscal’s or the prosecutor's determination oF probable cayse. That is within their Jurisdiction..for purposes of determining probable cause. That is why, you know, if an Information has been filed in court after the investigate..ah sorry. There's already a fling of the compiaint in the fiscal’s office. The fiscal resolved the case and Tecommended the filing of the Information in court. The recommendation is approved + by the city prosecutor or the provincial prosecutor. Nasa court na. Please take note..hanggang doon ang authority ng prosecutor. Once. gn information is filed in Court the authority of the prosecutor ends there! Meanlig thet once the Information is filed in 4 court, it is already the 2ourt that wii! call the shots on what to do with the case. It ig only the,court,.that Is why once the Information is filed In court,jthe fiscal,can only fitef [motions The fiscal cannot say that, Ak We made @ mistake your Honor. Please, Im withdrawing the information, whether you lke it or not. No way}. You cannot do that because you have already submitted to the jurisdiction of the court. Fi-nile mo na ‘yung Information, It is now the court who Is the bida. Before the filing of the information, you may stiil be the bida, But once the information is filed in court, it is already the court who will call the shots with respect to any disposition..with respect to case. ‘There's the case of ‘di ba ‘yung ano Gyesto,v’Mogul (1987) And then repeatedly, until ‘yung ano Yan Pau! Roberts, et al. v. CA, et al. Ang sabi ng Supreme Court ha, once the information Is filed in court, wala na kayong pakialam. That Is why, you know, some says..information Is filed In court, © before arraignment, they can still ask for..they can still file a petition for review of the resolution of the investigating prosecutar? They file that before the DO), “Okay. Now, they file it before the DOJ. Under'the present Ruled, oncea petition for:review. is filed before the-00) after ‘the Information is filed in c ipieady, they can only file & motion for suspension.of the proceedings in view of ¥ Pendency of a petition for review before the DOM And they have to do”that beforet , arraignment, | Okay. So this is under the present Rules. What would be additional grounds for suspension of the proceedings..suspension of the arrzignment in view of the pendency of a petition for review before the 00), But likewise, under the present Rules, ‘once a petition for review Is file, okay suspended, But the suspension of the proceedings 15 [EEE nea2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo before the court. suspension of the arralgnment..would only last for: from when? rom the date ofthe fling ofthe petition fr review, Tat ety ato, ones b mation to suspend proceedings on the ground of the fling of @ petition for review before the DO)..1 always ask for the original..ah for a copy.."yung stamp receipt by the 0Us..because the running of the period for purposes of suspension on that ground — ‘yung filing of & petition for review before the DO) ~ it starts to run upon the filing of the Petition for review before the 00). That's one of the grounds now for suspension of the arraignment and further proceedings ~ filing a petition for review either before the DO) OF the Office of the President. That is ‘yung rule now. Okay. So, once an information is filed In court..we go back to that..and I'm stressing it.this Is very important - wala nang pakialam ang fiscal. -They cannot do anything with the case at their whim, at their pleasure, at thelr caprice. It is already the court that is the bida..that calls the shots. Kaya nga even if they secure a reversal.the information is filed in court na ha..Okay. Even if the accused, for example, secures a reversal in the DO) of the resolution of the Investigating prosecutor, it does not follow that case, which is already pending in court, will be dismissed..will be automatically dismissed. So, they secure a reversal of the ‘resolution of the Investigating prosecutor, the DO)..the Secretary Gonzales says..we are reversing the resolution of the investigating prosecutor and I’m directing the trial prosecutor before that court to file the necessary infogmation or to take the appropriate action. “Yung appropriate actlots only the motion t6 withdraw the Information Motion pa rin ‘yan ha. Since it is a motion, it is subject to approval..granting or denial by the court. So It does not follow that even if you seek the reversal of the resolution of the Investigating prosecutor before the DO), the DO) Secretary cannot order the court.hey Mr. Court, hey Ms, Court, You better dismiss this kasi we have come to the conctusion that.we have already reversed the resolution of the investigating prosecutor. NO! Because the Information has already been filed in court, magpe-prayer na lang kayo ~ motion to withdaw the Informati otion to dismiss the case because of the (BverssT of the resolution of the Investigating prosecutor. And therefore, the court, which calls the shots because the Information has already been filed in court..the court can elther..may authority ‘yung court na..to grant or deny the motion, I'm very particular with this because nadale ako dito e. There’s a resolution. Information is fled in court..before me ha They moved to..okay..suspend proceedings. They were able to secure @ resolution reversing the resolution of the investigating prosecutor, and ordering the Investigating prosecutor to file a motion to withdraw. Naturally, nasa "kin na "yung Information. Following the doctrine lald down in Crespo v. Mogul et al. So what did I do? I denied because I found that prima facie talaga..that there Is a case. So I denied ft. O.motlon for reconsideration... also denled. They brought up my resolution on certlorarl to the Court of Appeals. Not only that..they filed an administrative case aginst me, Super bobo raw ako..gross Ignorance of the law. Super ob-ob. Okay. 1 was . Tapos eventually.marunong naman ang Diyos e..that was eventually dismissed. Even the certiorari was dismissed, But the point is I was sustained noh on ‘all counts. I was even brought to the Ombudsman. Okay, But all these were dismissed because they saw talagang I had Jurlsprudentlal backing -- Crespo v. Mogul and a whole lot of cases that will back up the view of the court that I can..1 can res2ive it either way because I''n already the bida. So that is what I'm telling you roh. nce the information Ig filed in court, the court already calls the shots, Okay. Now, this is with respect to..preliminary investigation Is conducted In two way ‘yung regutar PAR Which is under Section 3 of Rule 112 and the inquest. under Section 7 of Rule 112. Take ote ha..the procedure In Rule 112 for purposes of preliminary Investigation is adopted oct | ALA. ICE M, RAICO, ANNE, ICE Com 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo With tesbect to @ gumplaint fled before the fiscal’s office for purposes of a preliminary Iva my ae, Wal ang, “ung me-gonyan fa ang. unjust vexaton, ‘YoU ill file. *tte-eecaety—BkSy. Umi, eng cute mol - unjust vexation. If however, thers 18 sirendy an arrestayou go to the procedure applied In Section 7. Ito ‘yuns frqunst LUNGS HOW $a Suction 3, go walang affest. YOU'gd to Mew’ before:ther fiseal'¢ y then the fiscal will give opportunity to the respondent to file counter- altidavit a9 weil ws any controverting evidence. ‘Pag there's a necd for clarificatory Girestioniogy the fiscal can propound the questions, The counsels cannot participate in ie tatifealory questioning. If they would want to propound questions..because this is Chota juddletat proceadica, take ote..iF you would want to propound questions Hellminaty. nvestigation you Thave to furnish the.fiscal.with.the questions) And It is the iscal who Will propount the questions. Okay. 0, after that, the fiscal is already Cleated, Because a clarificatory hearing will not be conducted If the fiscal is cleared on the documents presented in the course of the preliminary investigation. Now, if the fiscal submitted for resolution..if the fiscal finds probable cause, recommends filing of the Information. ‘The accused now will fle an MB Denied. Go up towlnformation filed {n court..go up to the 00)... ‘Yun na ‘yun, ‘The DOJ now wil evaluate. Now, once the DOJ says, ihe resohition Is correct, And therefore \di-direct n'ya to move for continuation of the proceedings = lifting of the suspension,.continuation of the proceedings, Kas! ra-sustaln, But If there Is a reversal, the DO) can likewise order to move to withdraw the Information,» And Its still @ motion Take note, it’s stil a motion” You know what 8 moton is. It Is a written application for relief. So you apply to the court already. It’s not an order from the DOJ. Okay. Now. If however, on the other hand..if @ person has been lawfully arrestes without warrant of arrest, the procedure that Will be applied will be under Section 7 of Rule 112, Take note ha..Section 7 of Rule 117. apyplies to cases only of lawful warrantiess arrest. Meaning, accused has been lawtully arrested without @ warrant of arrest because basically, what would validate an arrest Is If it Is effected by virtue of 8 valid warrant of arrest. Without 2 warrant of arrest, you cannot orrest. Okay. Now..cases of lawtul warrantless arrest. This is the procedure that's need to be adopted. Therefore, itong Section 7, *childrens”..Section 7 of Rule 112.,L-relate n’yo with Section § of Rule 113. Because under Section 5 of Rule 413, these are the clrcurnstances that would make the arrest lawfy)..warrantless arrest. ‘A police officer may, without a warrant, arrest a person, SO 'these are the circumstances authorizing @ lawful warrantless arrest..you know these.. (1) da flagrante delicto rule; (2) thot pursuit rule; (3) if the accused has escaped from the penal establishment..meaning that, if under these circumstances..even if there is no warrant of arrest, but it was under any of these circumstances, it is lawful. J flagrante delicto rule..you know this noh..sabi whert In his presence the person to be arrested has committed, ls actually committing, or ig attempting to commit an offense. Let me just polnt out to you noh..walang problerna,.d Magrante delcto = hes committed, Is actually committing or is attempting. ‘bl ba before..coz 1 hear In radios @ ‘yung mga police, they say..or some lawyers.."about” to comimit..about to commit an offense. In-apply ‘yung én fagrante delicto rule. Has Cottimittad In the prasence of the police officer,.has committed, is actually committing, or Ig shoyt ty commit. Hind! ne ‘yan “about to commit” ha, It Is now ‘Beaiynitad Kas! "i ba ‘pag “about to comtst” you'a simply acting an suspision. When you say attempting to commit", attempted stage of a felony..there ls already an overt act of the trie intended to be committed. You look at it ha this way noh. Attempting to ¢uinmit a crime. Attempting to commit a crime, Okay. So kas! merong attempted stage of the felony under Article 6 ‘di ba of the Revised Penal Code. There Is already an overt2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo 2ct of the crime intended to be committed. Pero pag sinabi mong "ss sbout to commit = crime” kaya insaresto mo. Aah! Aah! Aah! Sesampain ako niyan e. © °G pa naman. ‘Ang layo of What if «nay te ‘yung mama? So, about to...f you are arresting somebody without a warrant of arrest only on the ground that he is about t.ny, isip mo lang yon. fe no matter how strong..no matter = tt.meaning that the police officer after the commission of the cime..he has been Informed. Ni-report sa kanya. He goes to the crime scene. He conducts an ocular inspection OF the crime Scene. interviews the witnesses. And all the witnesses point to this person as the person who committed the cime. So meron s'yerg personal knowledge because he was informed tapos he finds artices there that purportedly belongs to that person who ran away after the commission of the cime. So he has warrantless arrest. + Now, the third situation for lawful warrantiess arrest is if he has escaped from a penal establishment. No problem with that. Once a person has been law/uly arrested without a warrant of arrest under any of the circumstances provided for in Section 5 of Rule 113, go back to Section 7 of Rule 112. Ito na ‘yung procedure to be adopted once 2 person hd been lovfully arested witout 2 warant of arrest under ary of the ‘circumstances provided for in Section. 5.of Bulle 113,, Oxay._So he's arrested, He is now brought to the inquest fiscal. oak: ote Saacalreras ‘com;yemnant and othe? witnesses without conducting @ preliminary investigation, the information may be fied. i rolutts,.Why?, Kasi may, probable. cause €, Nearest siya e lawfully witout s warrant of | arrest. So NO need to conduct preliminary mvestgation. File the information in court on the basis of the affidavit of the complainant. Now, second step - befo"e the filing of information in court, the.persdn.who.has. been Jawiully arrested witout @ warn: srastumayaskilor.a.P} Cored? That be second Sep. (ee Pe fo OM RE], LALA, ICE M, RAICO, ANNE, ICE C JUNO, BAMBL CATHY, DAN, RE), ee CHE, JING, DANA, OFt, AN], JACQ, ANTHONY, MARIE, MIKE, RYAN, T/.TCH, KARL, KATHE,| 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma, Cristina Cornejo bmnay GHGIPH Okay, But he will be granted his request for a Preliminary investigation provided he signs 8 walver of the provisions of the Revised Penal Code. Alam naman ninyo ‘yung Article 125 of the Revised Penal Code. That Is not arbitrary detention, Take note ha. You took this up tte your Crim Law, Tint 's sala inethe,deilvary of datainad prisonars tulle Droper judioat Take note ha. specifically ‘yang 125 na ‘yan it applies likewise to inquest cases. Only in situations while @ person has been lawfully arrested without a warrant of arrest. Okay. Before the fling of the information ha..he has been lawfully arrested without & warrant’of arrest. He can ask for a Pl = granted, for as long as he signed a walver of the provisions of Article 125 of the Revised Penal Code, Alam nlyo naman under Article 125 of the Revised Penal Code..title = delay in the delivery of detained prisoners to the proper Judicial authorities. What would constitute the delivery of the detained prisoners to the Proper judiclal authorities? Is it the fact that the person law(ully arrested without & Warrant of arrest under any of the circumstances provided for in Section 5 of Rule 113..Is lt the fact that that person Is brought to the fiscal? Mr, Inquest Fiscal, ito..lewtully arrested ito without @ warrant of arrest, Within 12, 18, 36 hours, as the case may be. ‘0! ba ‘yun ang limit? 12 hours for light penalties; 18 hours for correctional; and 36 hours for afflictive, ‘Okay. Will the delivery consist of the fact that he is physically brought before the Inquest fiscal and he Is belng identified as the person who has been lawfully arrested without a warrant of arrest? NO,_ The delivery consists of what? ig delivery of: the::detained prisoner: to: the: proper judicial authorities. Is the fling of \sgourtd You took this up ‘di ba In your Criminal Law. The delivery detained prisoners to the proper judicial authorities consists In the filing of the Information in court. Now, kallangan..he's lawtully arrested..the Information has to be filed within a period of 12, 18, 36 hours, as the case may be, Now, he is asking for @ PL, ‘Therefore, he has to sign a waiver kas! nakakulong pa rin sya e, He's asking for a Pl. He's detained. Okay. Why would he have to sign 8 walver of the provisions of Article 125? Kasi ang requirement d'yan 12, 18, 36 hours..the information would have to be filed In court. And the preliminary: investigation; ‘once granted th’ fl i tobe complited ins ‘day3.70, ‘di lampas-lampasan na sa 12, 18, 36 hours. And therefore, mal-stop ‘yung counting because you have to sign a waiver of the provisions of Article 125, Okay. Next step, third step - If an information haé already been filed in court against this person who has been lawfully arrested without a warrant of arrest, The Informa ‘The question is = Can he still ask for a preliminary Investigation even if the inforpation has already been filed in court against hig? YES! But he has to ask for a prelfiinary Investigation within a period of five da r from the time he learns of the filing of the information. Sabi sa Rules, Aha fivel » which to ask for 8 Ply Whereian information has already been fled against the person. ‘been tawfully arrested without. a.warrant.of arrest..tha} en yy tou ae strictly with the five-day eee this I procedural e, “di ba? Sometimes, arestado ‘yung tao..the lawyer comes 15 days, 20 days, 30 days’ after the filing of the information, And the lawyer now asks for a preliminary Investigation..My client has not been afforded the benefit of preliminary investigation, He was simply arrested, your Honor, And the information was directly fled in court, Okay. I-invoke mo ‘yan, What will the cout oo? Suz your client has been informed alreaay that the information has already been filed in court as early 25 8 month ago. And under the Rules, he can ask for a PI within a pertad of five days from the time he learns of the filing of the information. So, what will the court do? What do you think? What would the court do under those circumstances? & ‘pag nagcinvoke ba bry tala. ICEM, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES,2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo ‘naman ‘Yan..tn the highest interest of justice, your Honor. You cannot expect this poor fellow, who Is untrained in the complexities of the law, to act immedistely to comply with the jaw. © what will you say? Granted! ‘Di ba? ProceduraleAnterest of substantight Justice. But strictly, ‘yan ang rule, If the information has already been filed in court, you may. you're lawfully arrested without @ warrant of arrest..you may still ask for a PI, but you have to de it..under the Rules ha..within a period of five days reckoned from the time you learned of the filing of the information. Okay. “Now. If a preliminary investigation has been conducted..there would be 2 Fecord..but necessarily there would baa. secord.of the preliminary eae Correct? Take note that the record of the preliminary investigation... form eee (Of the:court. with respectito:that case. J The records of the-preliminary Investigation du not form part rt expediente. They are-not ‘considereg Paft..they may only be made ad referencesp In other words, the court for exampte..the Information” ‘has ‘atresdy been file ‘the court is under obligation to evaluate the entire records in the fiscal’s office and find out as basis for the determination of probable cause to issue a-warrant of arrest. Kasi ang ‘information Is already filed in court’..meaning “hat the fiscal has already determined probable cause to indite. Now, the Information is filed in court. The court now has the obligation now to determine ‘naman whether or not to issue a warrant of arrest. Under the Rules. take note ha..the RTC may look at all the records. The RTC may look at all the records of the proceedings before the fiscal in the course of the preliminary investigation to aid the court in determining of probable cause for purposes of issuance of a warrant of arrest. The RTC need not propound ouestions to the complainant, to all those..magre-rely sya sa records: But it must be the totality of the records. - Sabi ng Supreme Court it must be the totality of the records. In other words, the RTC would not and should not rely only on the certification of the fiscal that he found probable cause. "Yung certification, nandun ‘yun sa face of the information. that he found probable cause. That certification of the fiscal is only with respect to his finding of probable cause to indite..with respect to only to his finding of probable cause to charge the accused with an offense before the court. So sabi.ng Supreme Court..¥ou do-not rely simply on the certification. You are) nder obligation to read the entire records for purposes of determining arobable causstj If, after determining probable cause based on the entire records iriclusive of the records before the prosecutor's office, but which however, do not form part and should not be considered to form part of the records of the court, then issue a warrant of arrest. If, however, you find NO probable cause..ito exception lang ito..please take note..this will ‘not justify the motion, ‘yung motion for determination of probable cause to indite. This will not.yung usung-uso ngayon. I told you kanina noh. ‘Yung motion for determination of probable cause..this will not justify kasi exception itd. Remember the case of Allado v. Diokno? 1995 case. Allado v. Diokno ~ Doon..the judge relied only on the certification of the fiscal found in the information that there is probable cause. A preliminary investigation has been conducted and there is reasonable ground to believe that the defendant or the accused has been given an opportunity to submit controverting evidence and the fiscal finds probable cause to believe that a crime has been committed and the accused is probably quilty thereof. ‘Yun ang certification @ga The judge now, the RTC judge, relied simply on the certification..issved a warrant of arrest based on that. Nagde-determine na s‘ya ng probable cause to issue a warrant of arrest. Simply on the basis of the certification, the RTC judge issued a warrant of arrest. And immediately, the accused were arrested, Sina Allado, Okay. € mga lawyers ‘yan e, They know what 20 A CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, RET, LALA, ICE M, RAICO, ANNE, IC!2007 PRE-BAR LECTURE IN REMEDIAL Law Criminal Procedure Judge Ma. Cristina Cornejo they talking about. The lawyers were the ones arrested ha, So thzy brought up on 2h hhatshabeos conus’ Rsk center and ten nasoee cos wb eae Se Sap. Sebi ng Supreme Court Had the judze read the entie records and not simpy &h 0 the certification of the fiscal, which found probable cause only to invtie Sabi ng Buereme Court. Aart dhe juciye cele, he MOUHI have fovbud OUC LAD ike me Cola NO $esk for determination of probable cause, even for purposes of intone. Narset see ‘yung warrant of arrest. And the Judge was reprimanded because of chat. Because sabi Coes, under obligation ka rt only to rely on the certifcation. But that is an efceptional case: Nowy if the court, sabing ganyan..for purposes of issuance of 1 warrant of arrest Be eine Information is fled in court. the court has any doubt, thea and only then cart the court demanc: that the prosecution submit additional evidence fo. aid it in the Retermination of probable cause to issue a warrant of arrest) But when it comes to the RmC.-Yung Issuance of @ warrant of arrest.the MTC would have to question to Getermine probable cause. Based on that, ide-determine ng MTC i there's a need to fake the accused In immediate custody In order not to frustrate the ends af justice, Follow n'yo? So there are two..these are two distinct concepts ha. 4 dite is an executive function performed now only by the fiscal. Determination of probable cause for purposes of issuance of a warrant of arrespis & judicial funetionyand for the court to issue @ warrant of arrest, kailangan he would have fo fead the entire recorus.RTC, Okay. Kasi “di ba yung resolution Subject..something> of the investigating judge..wala na ‘yan noh because the MTC Judges are no longer allowed to conduct preliminary investigation. Okay. Let me just go to arrest! ‘So arrest is Rule 113. Okay. It is only..generally, it is only by virtue of a warrant of arrest that an arrest is lawful, You can only effect a lawful warrantless errest under any of the circumstances Provided for in Section $ of Rule 113. So the ~Pf arrest is to arrest, I-distinguish ninyo from a search warrant. A ran Ore has Cetin aN hence Cm aa waraks A distinguished from the lifetime of a search warrant. Tingnan n‘yo ha. Very expressed under the Rules..a §earch wacrang has a lifetime of only 10 days, from date of its Issuance. A warrant. of anest,junder the Rules..sabl dito..10.days to execute ‘upon Issuance of the warrant of arrest..binigay sa ulis..10 days to excute the warrant and” “ 10 days to make a return, So that makes it a total of 20 days. Question: Is that the ifetime of the warrant of arrest? NQ.. ‘The 20-day period heré 1 NOT the Wetime of a) frarrant of arrest. For. as long as the warrant of arrest has. not been served, that, Subsists.:jFar.as.long asthe warant of arrest has not been. served, that. effectively ms ‘subsists. | Remember ‘yung recent cases. ‘yung mga rebellion rebellion ha. These are sub sudice. I'm just telling you the lifetime. ‘Di ba nagkaron ng argument with respect to that.the lfetime of the warrant of arrest. According to the police, Even ifthe cave & ‘Med in 85, Lut the warrant of arrest has not been served, therefore, the warrant of arrest subsists under the Retes. Okay. Sabi naman nila, E why did you not serve i? This person has always been there in Congress, Kitang-kita niyo lagi 3 dyaryo. E iktangrkita niyo lagl. You coutd have served it anytime. Why idn't you serve a? "Oi ba? ‘That's the question, But the point is ha I’m Just telling you the lifetime of a warrant of arrest. It subsists for as long as it has not been served, Pero ‘yung search wartenlvary Gear..& séarci warrant-has'& only. 10, days reckoned. from, the.date_ of its 2, Thereafter, it is void. Okay. Now, another point of distinction — A warrant of be served on any day, at any time of day and night. Very clear naman “yon e. Under Section 6 of Rule 1113, a warrant of arrest may be served, may be made. an . a ———————o RED, LALA, ICE M, RAWCO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RIIINA, DARYL, AIAN, MAY JING, DANA, DEI, ANJ, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCII, KAPL, KATHE, KITKAT, MA]2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo arrest may be made on any day, at any time of day and night, Tingnan n'yo at ore ra es a, a sa general rule. A search warrant can only be served at daytime, It can be effect nighttime for'as jong as the. authority. to.serve I.at nighttime ts indicated on the face of iBetearch, warrant Itselfp there must be good reason for the authority to be Indicate# OA"the face of the ‘Search warrant served. For example, dala-dala nung tao..it can be kept anytime or he's actually there ha. Itis only there that the item sought to be Searched and seized are there only at nighttime, So It would defeat the purpdse of the Search warrant if you do not give us authority to serve it at nighttime. But generally, take nove ha, a search warrant can be served only at daytime. It cannot be served at nighttime. It can only be served at nighttime for good reasons to be determined by the Judge and the authority to serve the search wart ant.at nighttime. must.be. expressly, Indicated on the face of the search warrant. Twerdane ‘Warrant of errestoan-errest.card baeffected on vany.day,at any.tima.of day and.pightj Is It clear? Now, let me just point out to you ‘yung ball, I will stop after this ha. Okay. Ball.tingnan niyo ha, Please £21 «all Is the security given for the felease of a prisoned in the custbdy of the law Please ha Fmemorize n’yo ‘yan. Railangan bang Fmemorize yan? Kallangan. Bail is the security given for the release of @ Prisoned in the custody of the law. Okay. Somebody committed a crime. After the commission of the crime, he fled from the crime scene, He disappeared. He did a “Houdini.” He disappeared from the crime scene. He ran away from the crime scene. Nagkaron ng proseso. He was identified. He cannot be found, but he was identified. There were witnesses. Okay. A complaint was filed against him before the prosecutor’s office, The prosecutor's office finds probable cause to Indite. And the information is filed In court. Upon the filing of the Information in court, the court now makes 2 determination and finds probable cause to tssue a warrant of arrest. A warrant of arrest thas been Issued. That fellow now who committed the crime leams of the filing of the Information in court against him. He has been In hiding since the commission of the crime. He leams of the filing of the information against him in court. And he subsequently leams that a warrant of arrest has already been Issued against him, Pare, meron ng information ageinst me. Pare, meron ng warrant of arrest against me. Pwede bs..natatakot ako. if they find me they will arrest me. Pwede ba mag-post ka ng bail? Try to find out what court the information was filed in and then post bail for me, The kumpare nanan goes to that court. finds the court..posts bail. Question: Can the application for hail be given due course? There's already a warrant of arrest, take note, that was issued. Definitely NOT. Why? Bail Is the security given for a release of 8 person In the custody of the law. He's fot yet In custody ha So, premature, He's not.yet.in custodys} And therefore, he first? fas to submit to the Custody of the court before he can post ball Petition for bail ‘pag wala ‘yung tao - denied! Application for ball - denied! Why? Kasi it is premature for the concept of the bail.it is the security given for the release of person in the custody of the law. So the release..paano ka ire-release, naka-release ka nga not. For the release + of a person In the custody of the law. Okay. Now, take note ha ~*egndieind of the ball,g> TM call your attention to this kas! may 2004 Admin Ruling ang Supreme Court..Administrative Circular of the Supreme Court dito sa Section 2, paragraph (2). ‘THeUFidertaking in ‘he bail shall be effective upon approval and unless cancelled; shall femain.in all. stages-in force at all stages.of the-case until promulgation.of the judgment’ f, the: RTC. Irrespective, of whether the case;was.originally filed in,or, appeaied: tonsiy 22 RE}, LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, P), ee ere ee te ae eee et esCriminal Procedure Judge Ma. Cristina Cornejo 2007 PRE-BAR LECTURE IN REMEDIAL LAW ‘Pkay. No problem if its cash ball noh. ‘OI muna re-release. Okay. Now, tingnan 1. Gut IF It Is surety, surety bond. ‘sabl before the revision of the Rules..before itovit You Mant an extension of your ball..mag-e-expire na, you want an extensioge.you want a {2hewal..you first have to ask the permission of the bonding company because they will pe the one making the undertaking e, Oksj. ‘what # you jump bail? They will be burdened with looking for you and bri back to the jurisdiction of the court. Correct? Okay, £ that fs.tnder te Rules hoh.t wil Bett shal remain in force w ol eS of the case until promulgation of the judgment of the RTC. judgment of the RiCclirespectne of whether the ease was originally Wl ne"RTC or it was appealed to it. So, ‘yung undertaking for the provisional liberty..under the bail for the Provisional liberty of the accused is only up to the Bromuigation of the judgment of the RIC_Di ba..very dear. Now, the Supreme Court Creular. the Circular dtd- forgot the circular number-nakalegay na don - ang bagong undertaking of the bonding company, the undertaking to..the. final resolution of the case. ff will remain In all stages of the case unt! after use (to renew anymore. Til try to bring..ay hindi ata possible. 11 try to... of..bago ‘yun e..amended undertaking. It ‘hall be valid inal! stages until final resolution, So if the case goes all the way up to the ‘Supreme Court, pwede pa rin ‘yung bail mo under the new circular, It’s a 2004 Admin Circular of the Supreme Court. ‘Dina ‘to. ‘Next point ~ Ito..please ha..lumalabas sa bar ito noh. Paragraph (c) - The failure of the accused to appear at the trial without justification, despite due notige, should be deemed a waiver of his right to by In such case, the trial may proceed in absentia. Okay. "Malad absentis,¥S0, what would be the requirements for trial in absentia? Sab! dito 0, the failure of the accused to appear at the tialgémeaning that..failure 2 Corres dito, OFTHE trial..meaning na-arraign na s‘ya..ng-jump bail s‘ya. He failed to appear. of the a appear at the trial..meaning that, na-arraign na s'ya: one) It is arraignment, pre-trial and trial. So sabl fo appear without any justifiable reasons at the Nag-jump bail sya. Remember one of the conditions Is he would appear ha.at the court. If he does. not appear, ang condition d'yan the case against him can proceéd'in absentia. So, if he fails to appear without valid reason at the trial..na-arraign na s'ya..the court can proceed..trial in absentia. Okay. Now, what if the accused.pasts bail, Ne’ detaned, he = posts bail. He’s notified of the scheduled date of arraignment and pre-trial confer a On the date of the arraignment_and i he egrarren) He is arraigned. Okay. iis arraignment..in pre-trial, the case is set for E date scheduled for trial, he disappears. He jumps bail. Can the court proceed in absentia? YES. Nararraign na s‘ya e. What if the accused is detained, he posts bail. He's notified ha..baftabre-yong offense..he's notified of the scheduled date of his arraignment. On the date scheduled for his arraignment, despite notice, he jumps bail He does not appear. Question: Can the court try the case in absentia? Remember, nag-post na s'ya ng baila effectively the court had alre over his person, ¢Okay. ite has already posted ball” The case is set for arraignment) On the date scheduled for the arraignment, he does (at Sonear without any justifiable reason, justifabie couse, ha fais to appear. Questicn: Cafi the Court proceed in absentia? NO! Kasi walans, yraignment ‘di ba? Nag-post lang s'ya_ng bail, The-court..by virtueof the. posting the dail they effectively acquires “jurisdiction. over his person.} But he has not yet been arraigned. — $outfsbe=does. not, appear, the, bail will be confiscated —=eaa E ‘di wala ng 23| 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo reason..the court loses jurisdiction over his person. anda, _ warrant of aavest: ‘ssued against hims So, wala ng jurisdiction ang cOUTt over his erson ha. So, what happens to the case? If he does not appear, the court cannot Proceed in absentia because he has not yet been arrzigned and the boii lias been Confiscated..can the court dismiss ihe case? Mabiis ba? Can the court. kasi “di ba nag- Past na siya ng beil.follow n'yo “childrens” ha..nag-post na sya ng bail, considered aka-acqure ng jurisdiction over his person. On the date scheduled for his arraignment, he does not appear. So, warrant of arrest, confiscated. what is the purpose for Issuance of the warrant of arrest? Kasi wala na ngang jurisdiction e. Na-confiscate “Yung bail in favor of the government. So, for the court to reacquire jurisdiction over his, Berson, warrant of arrest. Correct? The court definitely cannot proceed in absentia. Okay. Next question: Can the eoyrt. what happens to the case..can the court dismiss the case? NO! The court ¢2nno} dismiss the case. Why? Because the court has Jurisdiction bver the offense\Di-ba narile na "Yung information? So the court has offense. So what happens..e wala namang jurisdiction ovepbe over Person of the accused? Then, the case will simply be sent to the archives, without » Prejudice to itssreinstatement upon the apprehension ofthe accusad. tow is the accused going to be apprehended? By virtue of the warrant of arrest that, was issued. “Yung mga pa-ganun-canon tatandaan n'yo ha. Ganon. Very important ‘yan. Magulo slla sa bar e. Okay. Now, another point. Please...umalabas din sa bar ha. When is ball a matter of tight? When is bail a matter of discretion? When is bail neither a matter of right nor 3 matter of discretion? Okay. When isjpaitesnatier ef right@} Before and after conviction by the MTC. (2) Matter of right before conviction by the RTC for an offense which is not eralized by death reckisin perpetue or We imprisonment. When & bol» gutter of 4 ‘On whese discretion? Discretion of the court na ‘to ha. Matter of right on the part of the accused. Matter of discretion on the part of the court. When is it a matter of discretion? after torivietion by the RTC for an offense which knot penalized with death, reclusion perpetua, or life imprisonment. Likewise, bail may be a matter of discretion ‘yung if the imposable penalty is si yaars—or-more-vndes- any of the’ *Sure- circumstances. Matter of ano ‘to “di ba under If he is a recidivist, a quasi-recidivist, a habttuat delinquent, or has committed the crime..aggravated the circumstances of reiteracion. "Yung four forms of repitition. Remember In your Crim Law..four forms of epitition? Recidivism, ah ano ‘to..quast-recidivism, habitual delinquency and habituality or reiteracion. Alam nyo na ‘yan ‘di ba? So, they may be refused if he jumps ball. Okay. He has previously escaped confinement, etc. So, bail is a matter of discretion. _{).. Novi'bail'is Qeither 2 matter of right nor-8 mather-obudiscretion.tt.the offences Ig or with: Neither a matter or right “Tora matter of discretion, Why? Gecause in that ca.e you have to file'3 petition for? ball,land bail will.be.granted.or.will be denied depending on the vgight of the evidegger- - whether the evidence of guilt is strong or not.! If the evidence of St is strong, then bail De Dictat..f. wil be denied. If the evidence of guilt Is NOT But the burden of proof In Fall application heerings 's on th d prove that the Rill have to be denied. evidence of guilt is strong, and therefore, the petition Torbe ‘The petition for bail would have to be denied. Okay. Now, please take note, ‘yung petition for bail or application..the application for bail..ah ave 8 be always Set for hearing because may burden ang prosecution e. The ieseaton Shs tbe 4 REJ, LALA, ICE M, RAICO, ANNE, ICE“, JUNO, BAMBL, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, ‘AIAN, RACHE, JING, DANA, DEL, AN), JACQ, ANTHONY, MARIE, MIKE, RVAN, TATCH, KARL, KATHE, YITKAT. MA)2007 PRE-BAR LECTURE IN REMEDIAL Law Criminal Procedure - Judge Ma. Cristina Cornejo Shoe chon .the evidence of guilt is'strong and therefore, ball should not be granted. It manifests teat fake note, according to the Supreme Court, that the prosecution simply fully aw lat it Interposes no objection to the accused's application for bail. No. Tm friende Wore tits, because it happened sa totoong buhay rch. One of ay ean -Judge..was fined 710,060 because he allowed the Prasecution..he did not more iet the prosecution submit evidence on the bail application hearing, Sabi nya, Anyway, welang abjection ang prosecution. I granted bail. Sabi ng Supreme Court, NO. & {sete yan for. hat Taf Scoot yo hove ihe burien et aoe r hearing ha. re roving, the protections ‘the burden of proving that the evidence of guilt is strong, Okay. Now, ‘yung forms of bail.we have what..ah. cash, surety bond, propesty Dond..recognizence Is even a form of bail. Now, ‘yung forfeiture iba ‘yun sa..forfeiture {confiscation..iba ‘yan sa cancellation, of course. You know that noh. ‘Forfeiture of the bail, confiscation ef the beil if the accused fails to appear.if the Boveciny rime for no velld reason. anceliatign — merong ffeguila cancellation, merong utomal cancellation. “IF it’s automatic cancellation, uporr acquittal. Automatic, meaning..you ion’t need to file 2 motion. Automatic cancellation: of bail upon acquittal of the: accused, 16. ase jon OF fudgmenty Kasi execution of judgment, you dont, eed provisional liberty for bail. Bail for provisional liberty..ine-execute na nga el Sine- Serve na ‘yung judgment ha. So no need to be released ‘di ba. You have no right to be relasea ymore. Sp, automatle cancelation of Bel. acqutta ofthe accused natu fe ia) dismissal ©F the case 4r executidH( of judciment. Now, if it's ‘ordinaryt fatlon..uipon whi n.pon. render of The a of death of the accused, Cancellation. Okay. SSE pe a at Se te oem Now, please take note of this ha, Importante ‘to e. Where do you post bail? * {pu post bat ether n the court of the place where your casas parton the court the place where you are detained, IF you are detained in a place other tan the place where_ en cae paeine yee may post bail there. And the bail will now be transmitted to the court where your case.is pending. So dalawa ‘yan noh. Where do you post ball? You post ball in the court where your case is pending or you post bail in any of the court..appropriate court..of the place where you are detained, if you are” detained In a place other than the place where your case is pending. Okay. Now, what I your case is pending in Manila..you were arrested in Quezon City. So, you are arrested in Quezon City. You can post bail in elther Manila or Quezon City, Correct? The problem is there is no judge ta approve your ball, either in Manila where your case is pending..welang duty judge at the time you would want to post bail for a bailable offense..at the time you would want to post bail, either in Manila where your case is, pending or in Quezon City where you have been arrested and you are allowed to post ball. Walang duty judge. There is a single duty judge in..ano ngang sinabi ke..in Makati, for example, Okay. There's a duty judge in Makati. Question: Can you post bail In Makati? Can you post bail in Makati? NO! Very clear e, You post bail in the court of the place where your case is pending or where you are arrested,,yvhere you are detained, Ayan o..where you are detained, Okay. Now, what 'f you are arrested in one place but..for a ballable offense..but you are not..you are arrested ini une place, but no information has as yet been filed in court against you. You are arrested for an offense which Is ballable, but no information has as yet been filed in court against you. Question: Can you post ball? YES! Because it’s bailable. Next question: Where do you 2 iD AB), LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMEL, CATHY, DAN, TINA, PJ, LES, RKINA, DARYL, sea RACHE, JING, DANA, DEL, AN], JACQ, ANTHONY, MARIE, MIKE, RYAN, IATCH, KARE, KATHE, KITKAT, MAJ2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo poe bai? Where can you post bail when no information has as yet been filed in court 2galnst you? “Yung last paragraph ha. Last paragraph of deatienz,, Rule 114 - ecm tastady who Is charged ig. courtcmayy:epply for bel wth. any. court "fie is held In other words, hindi na priedeng the. previoce, city. oc inunicoalty where feect ng court ‘yan. AA wala ping TOMBTOT How can I approve bail? Because you are the court where he is detained. And he is detained for a bailable otfense. Therefore, you can give due course to the application for bail even if there is no Information as yet filed in court. Okay. ” Now, ‘This Is very Important. Let me call your attention to this > Section 24 of Rule 114, Ay sandali lang. Ito pa pala..\yung where do you file bafl. I'm Sony. Dito sa paragraph (b)..kasi this is In relation to...yung MTC Judge can no longer conduct PI. If you read paragraph (b) of Section 17, Rule 114 — Where the grant of bail ls a matter of discretion, or the accused seeks to be released on recognizance, the application may only be filed | ‘where the case Is pending, whether ~ ens vein aed ese tanggalin n’yo'n3 ‘yung “on relinnry [pyestigations” That is orieof the amendments. Because the MTC judges can no longet ‘Gonduct preliminary Investigation} So, paki-remove na ‘yun noh = ‘yung Where thé ca: Is pending, whether on preliminary Investigation, trial, or appeal. Hindi na. Wala na ‘Yung preliminary investigation because the courts are no longer allowed to conduct Preliminary investigation. Follow, ha? As of October 3, 2005. Okay. Let me go now to Section 24, which Is very important. Please take note of this ha. I bet you, ‘dl n'yo naisip ‘to. NO ball after final judgment Okay ha. No baildfter final Judgment, ‘No bail shall be allowed after a judgment of conviction has begamse final. No bail shall be allowed after judgment of conviction has become final, /If before. such, finality the accused applies for probation, he may be allowed temporary liberty under bjs bail. No bail e allowed once a judgment of conviction has become final, Judgment of acquitt3}, im yan, Okay. Now, once a judginent of corfgeti has ee oath il shall, be allowed kasi ise oa ts question: When Judgment of conviction’ in a criminal case:-become:findl? ‘Di ba apat? The judgment of conviction in a criminal case becomes final upder the following circumstances: a(1) after: the expiration of the period to “appeal! which is 15 days reckoned from Bromiutgation or notice of juggment ~ No appeal having been taken from the judgment, Judgment becomes final;4(2) if there has been an expressed waiver of the right to appeal, judgment becomes final; (3) if there has been a total o° partial service of sentence, judgment becomes final; and (4) to na ha..number four.,parang lotto. .number four..upon the filing..tumataya ako d'yan e..upon the filing of an application for! Yprobation.$ Crucial. Ito ha..fourth - ypon’ the filing.af. ai “application” for i the Rules; Is considered as final ‘Di ba youtearrrin-your Crim Law 1, ‘once of @ judgment of conviction is rendered, within a pé P given the opportunity to file the appropriate pleading, eith to file an application for pfobaton. These ard two remedies who has already Been convicted Wn a perog or 2 of promulgation or notice of judgment, he may file either a notice of appeal or.a petit on for nrapation, canngt avail of both, ‘dl ba, under P.O. 968, as amended. carte BIONCGF bath je-cannot avail-of them exclusively OF Successively. Once you avail of one, precluded ka js» na from availing of the other, which means that once you filed a notice of appeal, that means you are still questioning the propriety of the judgment of conviction rendered 26 —_— RE}, LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, AIAN, RACHE, JING, DANA, DEI, ANJ, JACQ, ANTHONY, MARIE, MIKE, RYAN, TAICH. KAKL, KAI, KITKAT, MA}SS 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo against you. Kasl you appeal to correct error of Judgment. Okay. Sc you file 8 notice of appeal. Judgment does nok become final. But once you fle 8 pelion for probation, why Is It that it becomes final? Bacauswionce you Nie’ a petition for probation, you-arey enue ‘aueady eae a SE ea oath se eats Why? Because you want to be rehablitated in order for you to go back to the ‘mainstream of society. ‘Oi ba? Rehabilitation na. Either or ka lang yan. Hindi mo Pwedeng simultaneously or exclusively. You learned this in your Crim Law. That is why once you..nakalagay dito sa Rules ha..once you apply..the mere fact that you apply for probation, judgment becomes final, Judgment alieady becomes final kasi hindi mo na Kini- gusto Saini 3, judgment. You're willing to accept the Judgment already. 5 Hindi the granti wrtnge O reat ir probate fii pet sates - indi the granting o pro! 5 fil a ae ers age tere ae went ral Et 0. "section Sof Rule 120. Section 7 Rie 120~or when Uve convict hos applied for provoion. Applicaton po tng, a renders the Judgment final. Okay. Okay na tayo diyan ha. When does a judgment of conviction become final. So okay na tayo d’yan. Now, so once you apply for probation, judgment becomes final. The law says, once Judgment has become final, you cannot be awarded ball. You cannot be granted tall, NO ball shail be allowed after judgment of conviction has become final. One of the Instances when a judgment of conviction becomes final is when you apply for probation. ‘Di ba sinabl ko? “Okay. That Is the saute, Olay, You oped for roa baton. amtss: ‘spplied for. HIS ‘ s al i you peers Ai under P.D. 968, as amended? Either you post bail, or if yoo cannot post ball, you can ask for recognizance.» And you will be released on recognizance through a responsible member of the community. That is provided for in P.D. 968. But the Rule says, once you file..ah once the judgment becomes final, tail is NO longer allowed. And a different Rule says..Rules on Criminal Procedure..once you file ‘an application for probation, judgment becomes final. © hindi ba parang peel Sige ay pumayag na kayo, Tingnan n’yo kasi ‘to, tfbefore such finality, the accused: applies. for probation, he maybe allowed temporary liberty. under-his. baily Tngnan® ninyo.."If before such finality” - meaning, ang kino-contempiate. na finality dito ‘yu regular finality, that is, you don’t file any notice of appealiwithin the 15-day trod reckoned from promulgation of judgment. No appeal Is taken, so judgment becomes final. *Yan ‘yang sinasabi n'yan. That is why sinabi nila, If before such finality..meaning,4 if before the lapse of the 15-day period within which to file a notice. of appeal,.nag-apply ‘ka far probation, you may be allowed temporary liberty.. So again, how do you reconcile, that? E by the mere..sabi ng Rules e..by the mere filing of an application for probation, Judgment Is final. And therefore, under the same Rules, ‘pag judgment is final, you are no longer allowed ball, "Di ba? O ginugulo ko ba kayo? Nagugulo na rin ako. Okay. So ‘di ba noh? How do we resolve the inconsistency? If you file an application for probation, under the Rules, judgment becomes final. Okay. If you file an anplication for probation, tatanggalin ka na sa operation of the Rules of Criminal Procedure. Pasok ka” nna sa P.D. 968 bevause you are invoking already a different law, Under ?.0. 968, amended, you are allowed provisional liberty, either on bajt or’orF recognizance tea responsible member-of the community. Gets n’yo? Kaya nga ‘exception jeg Sabi na before such finality. "Yung sinasabi ni‘ang finality d'yan, ‘yung 15-day period..if you don’t appeal, judgment becomes final, £ kaso naman, ire-relate mo ‘yan in another provision 7 RE, LALA, ICE M, AICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, P], LES, RIINA, DARYL, AUAN, RACHE, JING, DANA, DEI, ANJ, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCH, KARL, KATHE,2007 PRE-BAR LECTURE IN: REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo of the Rules. hindi ba? ‘Once you file an application, final na ‘yan. Tapos bumalik 708g {inal na, no ball. E bakit ‘pag probation you are allowed ball? And therefore "pay Hel i > application for probation bail is allowed ha, even if judgment has already Rcome finak. Because, once you file an application for probation, under the Rules, fini 2 ng Juc dame t. But once you file an application for probation, malisin ka na dito nobs wry og fall under the provisions of 966, ‘because It’s a spedal law where you are ballOFSPMWisisaMUberty, either on ball or in recognizance to a responsivie ‘member of the community. Gets n'yo? Okay. * % Now, a new provision under Section 26 of Rule 114 — bail is NOT a bar" objéétions on. Regal arests. Roistanot a parity DbJeCtons GA Iegal arrest tweR'or og ikcegutar preliminary. investigatiory This Is a new provision actually, because you kncw, beforé the revision of the Rules, if the accused posts ball for an offense which Is ballable..‘pag nag-post bail s'ya and then he's scheduled for arraignment, the counsel moves for deferment of the arraignment because they are asking for a reinvestigation or @ preliminary investigation. That Is usually denied once the court finds out that he has already posted ball. That will be denied once It is shown In the records..the court finds out..that he has already..Ang first question diyan e, Nakapiyansa ka na? Sabl n'ya, Ope. Okay, denied, Pera ngayon hindi na. Even if you have any objections from the Megality of the arrest, or lack of or Irregular preliminary investigation..wala kang preliminary investigation or Irregularitles committed In the course of the preliminary Investigation..okay, even If you posted ball, pwede-ka-pa ring magequastiea. Very cleag ve to raise the objection. before. arraignment haf -befora.entering.your.plep. ; ha Is it clear? Okay. Can I'stop there? I'l finish tomorrow, T told you there's a new undertaking. It's an administrative circular ~ Admintstrative Matter No. 04-7-02, effective August 16, 2004. Let me just read to ss and until the Supreme Court directs otherwise, the u_noh.."yung lifetime - Unie: hatin ‘GF dUjatlod ‘Of iteetivityt of any bond issued in criminal and ciyil actions, special proceedings or in any proceeding or Incident therein, shall be from Its approval by the at 1S court until. the action or proceeding Is finally d Show the lifetime of thé bond'= until the caf 1s finally decided, resolved, or terminated> ion. at IS. ul ‘So, you could go all the way up to the SC..until final re: now which should be, by virtue of the circular..which should be Incorporated in the bond Itself. That undertaking would be incorporated in the bond itself. Okay. Now, we're Into the rights of the accused. Most of these rights, I know, you have already discussed In your Constl..because it’s rights of the accused. For example, let me Just pointcut to you itang right to be presumed innocent. Okay. This is basic. Right to be informed of the charge..the nature and the cause of the accusotion against him. What is required for purposes of this particular right ~ the right to b> informed of the nature and cause of the accusation against him? The information If, every formal inditement..every information that is filed in court must contain all the essential ingredients of the crime charged. Hind! naman le-enumerate mo ‘yung essential ingredion's. It must contain the facts. The information every inditemen? must contain the facts and must altege facts which are constitutive of each and every essential elements of the crime charged. Because if the information does not contain or does not allege facts which are constitutive of the essential elements of the offense charged, that information, you know very well, is vulnerable to a quashal, on the ground that the facts 28 —{—$—$Swee eg 2007 PRE-BAR LECTURE IN REMEDIAL LAW a: - Criminal Procedure k 7 Judge Ma. Cristina Cornejo Charged do NOT constitute an offense. Because at the very moment the Information is fied, the accused would aiso already have to be Informed. How is he informed? Tot the formal indtement, which must contain..which must allege facts constitutive afl the essential elements of the crime charged. In order to be # ground for the ‘quashai of the mrormevon. Okay. and by counsel. From whut stage to what stage? a YOU have the ‘ight to be present from & Now, during the proceedings, can he be excluded? exckided from the-proceedings’ because he has the right to be ‘ail Bag ‘ithe .proceedings - from_arcaigament-to.the promulgation) What about the private offended party? What about the complaining witness? Can he be excluded from the Proceedings? YES, he can be excluded because he's only @ witness, in @ criminal case. Although he may be the private offended party..because what is actually feared here is for them to jive in their allegations, with the witnesses as against the accused. But the accused can assert his right to be present in all stages of the proceedings, from the arraignment to the promulgation of judgment. Now, if the accused has this right, can you waive this right to be present? YES. How Is he going to waive his right to be Present? One of the stipulations in the bond. He can waive his right to be present. He appear, waived ang presence n'ya, the proceedings can proceed as against him. That's one of the conditions of the bond. New, however, taeganniot walve iis presence if.he ihe coureipnpeae en sik partenoe aayatTe Cannot say, E may waiver neman ako. NO! If the court requires you to appear on this particular day. for example, for purposes of identification. jf a witness needs to identify the accused or event the private offended party himself or herself needs to identify the accused, then he can be required to be present. He cannot simply claim that, Winaive ko na e, It is part of the conditions of the bond. NO! So, while you may have the right, you can waive It. But you cannot waive i if you are specifically directed by the court to appear on that particular date, Okay. | Now, take note..the right to counsel The accused has a right to counsel, ‘Yung the accused has the right to be assisted by a counsel to ensure that he is not denied due process. ]t must be a UORaTbly Wecthe aesttance by couned), Hindi ‘yung wupo lang ‘yung counsel beside the accused and lef “Kim do' the talking. No. It must be a reasonably effective assistance by a lawyer because that is his right to be assisted by counsel. What if, in the entire proceedings the accused is assisted by somebody who tums out to be a fake lawyer? And they found out that he is not even a member of the Bar, but he has heen representing..’Di ba there is the recent case, in Marikina..the person..he’s waiting for the results of the bar, he already practiced, He is now In jail, 1 do not know..2006 Bare. So he is already practicing and they found out that he just took the bar. I do not know what happened to that case. But the point ts, if you are represented by somencdy who's NOT a lawyer..you are represented by scmebody...you ‘are the accused..you are represented by somebody who's not a lawyer, by somebody who is a fake lawyer, that amounts to a deprivation of your right. That amounts to a denial of due process on the part of the accused. Why? Because hé is not represented actually by a lawyer. It is a fake lawyer. So, void ang representation. All proceedings 292007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma, Cristina Cornejo hah oe void because that would amount to a _ of = ight to due process, snsel.it’s a right to and reasonable assistance by a true lawyer, who's a member of the Bar. Say este mae ‘ Now, Isa pa. Ito very important — the right to be exempt from b: impelled te be a witness against himself. This is of course the right against think You look this up in your Evidence..oh ‘yung review ninyo sa Evidence, com Noh? It’s Johnny Benipayo..very very good. ‘The right not to compelled to be a witness against himself, that is the right against self-incrimination. You'll take this up in your Evidence, But the point is, this particular right is the Aight" Take note ha..'yung right against testimonial compulsion. That is the night against self-incrimination. ‘Cos it’s not easily invoked in any circumstance..for example, ‘yung mga decided cases na ‘yan..in fact there is, with respect to the DNA:” DNA analysis = ‘yung ah you would be subjected to DNA..for example, paternity suit. . You will be Subjected to DNA examination. You may NOT objection the ground that your right against self-incrimination will be violated, Because..what did the SC say in these Particular cases? The right against self-incrimination is a right against testimonial compulsion, F eto something will simply be extracted from you. Remember the case of Villaflor v. Summers? “Yung sa old case. The doctrine has not been abandoned. ‘Yuna Villaflor v. Summers, in your Consti. It's a prosecution for adultery. Remember the woman was asked..kasi adultery e..you know naman what adultery is noh..so, the woman's been charged of adultery. Okay. She was ordered by the court to submit herself to physical examination, to find out if there is any foreign object in her body, for Purposes of prosecution. She refused to submit herself to physical examination, Invoking her right against self-incrimination, That will incriminate me if I submit myse to physical examination. What did the court say in that particular case? The Court said, NO! That would not violate your right against selt-incrimination. Wny? Because the fight agalnst self-Incrimination is the right against testimonial compulsion. It does not Involve the use of intelligence. You're simply subjected to physical examination Lie down, Spread open your legs and submit yourself to examination. Does it require the use of intelligence? No way, ‘di ba? Okay. So, what Is this..it's a 2005 case - Rosendo Alba, It's @ paternity suit actually. The man was being ordered by the court to submit himself to DNA because the woman's ciaim is that the child was Sired by this particular fellow. And then to settle everything, let us have 2 ONA testing. He refused because that would be violative of his right against self-incrimination. But the court denied..ordered him. He refused. He went up to the CA. The CA affirmed the order of the RTC, But he went up again to the SC. And the SC said, No, That is not violative of your sight against selfincrimination. Remember ‘yung dito..while we're at it noh..remember the case of Beltran v. Samson? ‘Yung ano, ‘yung writing. He was asked to take down dictation and he refused. Sabi n'ya that would violate ‘is right against self-Incrimination, The $C sustained.. Why?. Because sabi ng SC, hting ix not 3 pure\A, ree act. It requires and It involves the use of inteligence) 50 that could be.in.y techanical effect a.violation.of. your.right-against testimonial compulsigh. This. involves the use of Intelligence. Now, very Important = the right tu speedy, Impartial, and public trial. Right in speedy tial..take note ha..’di ba meron na Speedy Trial Act of 1998. Okay. The right to a speedy tilal..the SC has said, in explanation of this, it involves a balancing of factors. The right to the determination of whether or not there is a violation of someone's right to speedy trial involve a balancing of factors. What do we mean? The length of delay in ; ; 30 : ee i WEM RAICO. ANNE. ICE C. UNO. RAMEE CATHY DAN Tua Bt icc Bima pany.a 2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo the prosecution of the case may be considered as a factor. But the 1 7 length of detay, eure May be considered es a factor, nevertheless you would have to consider if m4 y Was whimsically, capriciously mede. If there are valid reasons for the delay In the Prosecution, that would not amiount..that Is attributed to the prosecutlon..that wilt NOT conn to a violation of the accused's right to speedy trial. You know very well noh, Gat Ibe tial provisions which incorporate the provisions of Uhe Speedy Trial Act there To TOw 2 limit, The trial would have to be completed in 180 days. Okay. So, you have move within that perlod. But there are allowable exclusions from the time list that is provided under the Rules. There are allowable exclusions. For exampte, f you read the ules, ‘yung atlowable exclusions..the delay caused by certain other proceedings against the accused. For example, he got a TRO; or he's being held on cther charges where there's first a need to resolve this particular case before the case is resolved before this Particular court; or the delay entalled In locating a matertal witness..that is an allowable exclusion. So It entalls a balancing of factors, as far as delay In the prosecution of & articular case is concerned. NOT every delay wil amount to violation Of-the accused's Maht.toispeedy trial; Uisniistibe a detay without any reason] It must be a delay that is whimstcal and capricious. Now, please take rie, if a case is dismissed on the ground of Violation of thesws@amet!'s right to speedy trial, soaks distolseel. so thntameningsto-an smcquittal) That Is by expressed declaration of the SC in a long line of cases. If mt dismissal of a case Is on the ground of violation of accused's right.to speedy trial, » Gismissal is’ tantamount to. an. acquittal! Ergo, pasok O)4 He can no eed Subsequently prosecuted for the same offense, Okay. Welll get to that later when we 90 to trial proper. ‘The right to appeal in all cases allowed and in the manner prescribed by law. AS far as arraignment Is concerned, you know very well n2h..arraignment is the time when the information is read to the accused in a language known to, and understood by him. ‘And he Is now asked what is his plea. How do you plead? It Is “how do you plead?” not “how do you feel?”..guilty or not gulity. That Is the point in time. So, he is informed. First, he Is informed via the Information. That Is his right to be informed. Second, he Is Informed again at the time of the arraignment of the nature and cause of the accusation against hirn in the language known to, and understood by him, after which, he is asked, How do you plead? Guilty or not guilty? If the accused, under the Rules, interposes a guilty ptea, but professes extenuating circumstances, that is..or he interposes a plea of guilty, but he raises certain circumstances that would extricate him from criminal liability..or if he would plead guilty, but on certain conditions ~ those are in effect, plea ‘of NOT guilty: If he refuses to enter a plea, the court can enter a plea of not guilty for him, That’s under the Rules. Now, anong nabago?, Please. Lalg ‘note nch, usually the plea bargaining..lf you notice, ‘vury boreal Is. pert. of. the. tule_on pre-trial} That Is the first step in a pre-trial conference in criminal cases - plea bargaining. Because in your Civ Pro, the first purpose is explore the possibility of an amicable settlement of the case, You do not go on record as settling a criminal case because criminal ceses basically cannot be compromised, So ang first portion ng pre- trial conference n‘yo Is plva bargaining, But plea bargaining take note, sa totoong buhay It does not happen, Only at the time of the pre-trial conference. Plea bargaining, where there is already .‘yung parang palengke..Okay, I offer to plead guilty, but you resnit tus particular terms. It's plea bargaining... offer to plead guilty to the lesser offense. "Yung mga offer aimed at plea bargaining, this can be done even before arraignment. Even before arraignment, mag-haggle na sila for a better term for the accused. That is why, n —_—— RED, LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES, RHINA, DARYL, RACHE, JING, DANA, DE, ANJ, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCH, KARL. KATHE,BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo please take note, nowadays, what Is scheduled is arraignment ard pre-trial conference, all at the same time. Because there will be a possibility that at the time of the arraignment, the accused already will offer to plea bargain. Even at the time of the arraignment, the accused may offer to..for example, a very common form of piez bargaining is pleading guilty to the lesser offense. That is very common. Another form.maraming forms ‘yan € for as long as he can get a better deal that he is allowed under the law..another form for example, the accused is charged with several offences, Several counts of one offense, let’s say five counts of one offense ~ he offered to plead guilty to two, biremit n'yo ‘yung tatio. That is @ form cf plea bargaining because if i- emit ng prosecution ‘yung tatlo, he will only be penalized for two, to which he is pleading guilty, That Is a form of plea bargaining. Okay. So, if at the time..remember, for example, if the offer to plead guilty In the plea bargaining is in the form of offering to plead guilty to the lesser offense, under the Rules, it must be..for it to be valid. for it to be effective..pleading guilty to the lesser offense ~ it must be with the consent of, ‘only the public prosecutor, but also the private offended tw a llffer of the accuseg.ta plead guilty to the lesser offense must fe with the consenbiof the —> public prosecutor. private.offended garty4 That is why, I'm telling you, kailangan ‘yan even during arraignment. And for pre-trial conference purposes, the private offended party Is now notified. Because It may happen that the accused may offer to plead guilty to the lesser offense. So, kallangang nand'yan s'ya to give his consent. Now, under the Rules, if the private offended party..if the accused offers to plead guilty ‘ to the lesser offense, the private offended party who has been notified, but does not ‘appear on the scheduled date..because there are some private offended parties who say, Arralgrment lang naman yan e. There's no need for my presence because he will simply be asked whether he pleads guilty or not gulity. So, will [ be the one to plead ‘guilty? Wo. Precisely, you are being notified in order for you to be ready if the accused offers to plead gullty or makes a plea bargaining. Follow n’yo? So, under the Rules, there is now a need for the private offended party to be notified even for arraignment purposes because the accused, at that point in time, may offer to plead guilty to the : lesser offense. Now, if on the scheduled date of the arraignment, the accused offers to plead gullty to the lesser offense and the private offended party is notified, but fails to appear, he Is considered to have waived his right to interpose any objection to the offer of the accused to f’zad guilty to the lesser offense. Who alone, now, can give consent to the plea bargalning? The public prosecutor. Binibigyan lang sya ng chance to register his objection cr to give his consent. Okay. He has to..it is here 0, the private offended party would have to be notified. Okay. Now, the private offended party shall be required to appear at the arraignment..see..for purposes of plea bargaining. So, that is why now in court, we set it for arraignment and pre-trial conference. That is for that purpose. Now, plea of guilty to a lesser offense..take note of this ha..remember, this already Incorporates the provisions of the Speedy Trial Act. Before the revision of the Rules In December 2000, before the promulgation of the Speedy Trial Act of 1998, ‘di ba may provision under the Rules ~ the accused can offer to plead quilty to a lesser offense, which Is not necessarily included in the offense charged. ‘Di ba you read that noh? Before the Rules were revised In December of 2000. The accused can offer to plead gullty to a lesser offense which is not necessarily included in the offense charged..which Freans that if, before the revision of the Rules, the accused who is charged with murder, for example..can he offer to plead guilty to jaywalking? Before the revision of the Rules..kasi sinasabl he may offer to plead guilty to the lesser offense which is not necessarily included In the offense charged. You know when I read that provision..oy 32 —————_— | LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, Pl, LES, RHINA, DARYL, EO ee ee AMET AN) JAG. ANTHONY, MARIE MIKE, RYAN, TAICHI, RAR, KATHE, UTKAT, MA]PRE-BAR LECTURE IN REMEDIAL LAW | iminal Proc re 1 3 je Ma. Cristina Cornejo | fo _j talaga pwede, He may offer..VES, but..na-plug nila ‘yung loophole..it will NOT be effective without the consent of the public prosecutor, as well as the private offended party. Who in his right mind would agree to that? So now, to settle everything, under the Speedy Trial Act, ifthe accused offers to plead guilty and he will be allowed to oleac guilty.to the lesser offense, but thal lessei offense to which he is offering to plead guity toumust be necessarily included in the offense charged. Remember in your Crim Law 1, you learned this as a mitigating circumstance - plea of guilty, as an ordinary mitigating Grcumstance. For that to be considered..the plea of quit, for example, to the lesser offense..after you're allowed to plead guilty to the lesser offense, hindi mo na pwedeng invoke ‘yung plea of guilty as an ordinary mitigating circumstance. You took this up in your Crim Law I. Now, as fara as (BISSTSPIQUINy Uo epee piamaBEESIM® ccnceined,..please ha..a __ hearing is Qing ea of guilty to a capital offense, a hearing is mandatory. Why? [~ A:hearing is mandatory because the court..remember capital offense ‘yan so penalizes | with death, although wala ng death ngayon..life imprisonment... seclusion perpetua..a + 7 Plea of guilty, kailangan hearing ~ the court would have to be convinced ‘Of the voluntariness of the plea of g “The court would have to determine if the << accused understands his plea of guilty. The court would have to determine whether or not he is aware of the consequences of his plea of guilty, and whether or not the plea of guilty is voluntary on his part. So, a plea of guilty to a capital offense must always be _- Set for.hearing. Now, what about a ¢ — hearing is cgiscretionary> Why? Because the pi Paccuscd offers to plead | ity to a non-capital offense, of determining the + But if it isa plea of guilty to the capital offense, kailangan ‘yan may earing..for the cour to determine the voluntariness of the plea of guilty Please take note, bill of particulars, you find that in your Civ Pro. What is a bill of particulars? A bill of particulars is'@ more definite statement. That is the concept of a bill of particulars. This-is likewise available in Criminal Procedure. Ge‘ore arraignment, the accused may for a bill of particulars to enable him properly to be and prepare for trial. What is it that: is being charged against me? Okay. -1 want specifics. So he may file a motion for bill of particulars. a. Take note of the next provision ~ production and inspection of materia! evidence in the possession of the prosecution. What is this? In your Civ Pro? This is a mode..very good..this Is a mode of discovery, So “yung mode of discovery available likewise in criminal cases. This particular mode of discovery ha, because we will learn later merong mga mode of dis Civil P which are not available by the Section 11 isi I think I mentioned this last night Suspension of the nt wa nol icial question, because we said that there must be..the rule is..preference. Tandaan n’yo lagi ‘to ha. Preference in the prosecution of a criminal action over the prosecution of a civil action flowing from the ‘crime subject of the criminal action, Do not forget the nexus ha..the connection. Kallangan ma-establish nyo 'yung connection, ‘The civil action must flow from the crime subject of the criminal action, under Rule 111, This likewise applies in the rule on ss suce M. RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ, LES,-2007-PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure Judge Ma. Cristina Cornejo waived. except - lack of jurisdiction over the subject matter; litis pendentia; res ; ‘and prescription ‘or statute of limitation, In cciminal cases, youte talking Pasar quashal ofthe information in effec, dismissal ofthe case. Because once yOu quash the balearanll tie case is dismissed, So, you nave t0PiGed seesonably your gournls via 8 hgedts — the information, Otherwise, waived..excephi- NO offense charged; lack Meaning ‘th, n over the offense charged; criminal liability is extinguished; and fourth, 0). pind wat under any of these exceptions, you can still raise tem ayen after arraignment. ‘So basically, if your ground is thet the fats charged do not constitute an“ fence, te SC has seid that for te court to determine whether or not this is a valid ground for 8 motion to quash, the court does net, go beyond the four comers of the information. Evidence alluded will not be accepted,or outside of the information. So generally, the court does not go beyond the four comers of the information. Remember, You are Seeking a quashal of the information on the ground that the facts charged..facts charged where? facts charged in the informationt..do not constitute an offense. Because the accused has the right to be informed of the nature and cause of the accusatidn. Every inditerent must contain or ‘must allege facts constitutive of each aiid every |” element of the erime charged. If those facts are not sufficient to constitute the elements Of the crime charged, vulnerable to a quashal. So you are attacking the very information itself. You are attacking the very contents of the information itself. Generally, the court does NOT go beyond the four comers of the information. Ito, the criminal liability has been extinguished, Please take note ha, ‘yung extinction of criminal liability here as ® ground for a motion to quash must be: 01 ba you learned in your Crim Law if there is partial and total extinction? "Yung partial extinction "yung commutation, conditional pardon, ‘yang mga ganyan. Those are partial extinction of criminal liability, betas ground. fer-a:motion te.quash is:total extinction ‘of criminal liability When is There total extinction? Death of the convict, absolute pardon, service of sentence. Ito ‘yan e. Tto ang word ko. Total extinction if the word I coined when I took the bar not so long ago... Ito ‘yung total extinction. that should be the ground for a motion to quash sangte Dea of the convict, NOT death of Lie private offended party, because the latter is simply @ witness in a criminal case; Absolute pardok, NOT conditional pardon, the fatter is partial extinction; 1 between the offender and seweet santeret Prescripti a Amnesty Mi the offended party in certain ses; and Prescripbod of penalty These are the groundst fontotal extinction of criminal labiity under Criminal Law and which can be grounds foe shy NoLevery.extinction of criminal faumotion to.qua: tuability,can be a ground for 2 motion, qo. quash,{ Tandzen yo ha TOTAL extinction, | Wala ka ng basis, wala 09 eine © He aemshed na ‘yung fabiity. So, the information Is subject to quashal. It contains seeroents which If true would constitute 2 legal excuse or Justification, Ano "to? This ices. Exempting circumstances. Which if true would refer to what? Justifying circumstan Would justify, would constitute 2 legal excuse or justification, Okay. Nandito tayo s vaet, Last ground for a motion to quash as stated in your Rules on Criminal Procedure nyo lang as far as OJ is concerned..tingnan 0) (doubie jeopardy). Now, tondaan_ n'yo. wneencelsed has.been’ ‘previously convicted of acquitted of the Offense ‘charged, oy as nt him alsmissed or otherwise terminated without his express consengd P eset ms Tawals ito,” Ene aewused N25 Uceli acquitted OF convicted. “Di ba yerore the accused has been acquitted or convicted, or in jeopardy of being convicted. So, tinariggal na ‘yan. Simplified na. The accused has been previousiy acquitted or Se reted or the case against him has been terminated without his express consent. Now, what would be the requisites? Simple lang noh, ‘Wag yong guluhin sarili ninyo. Resistes for double jeopardy. Kasi kaya couble.dalawa, Kallanginn meron munang : ca) NNE, ICE C. CATHY, DAN, TINA, PJ, LES, RHINA, Df IAN, | ICE M, RAICO, A! CATHE KITKAT, MASa 2007 PRE-BAR LECTURE IN REMEDIAL LAW . ~+ Criminal Procedure Judge Ma. Cristina Cornejo : * first jeopardy. Theatiggtajeopardy must have attached. MLiR§ the first jeopor eee validly terminated. And Iagiada he second jeopardy must be for a une jeoperch necessarily includes or is necessarily included in the first offenses First Jeon He must have attacke:!. First jeopardy must have been validiy terviinated. Ang evant Second jeopardy must consist of the same offense or an offense included in or . en an attempt to commit the first offense. Now, what is the first Jepardy? Wrat would be the requisites? Tineeo‘ce sev tetine ise nosar has acest. wt ere has been a valid complaint or information filed against the accused before a ccurt of competent Jurisdiction; the accused has been arraigned on that charge ~ ‘yung proseso 1a; there has been a valid plea during the arraignment; and the accused has been ani or acquitted, or that case has been terminated without his express consent. ‘an ang first jeupardy. In other words, if a valid complaint or information has been filed: against the accused before a court of competent jurisdictiontto which he has pleaded ot gullty and there was trial on the merits, which resulted In the conviction or acquittal Of the accused or there has been a dismissal without his express consentyssecond Prosecution, second jeopardy..it witl already bar his prpsecubon for the same offense in the second. Kapag pareno ‘yong offense in the second, or it necessarily includes,or Is necessarily included in the first offense na na-terminate.na..because there has already been judgmentyesulting in conviction or acquittal..then it will already bar a subsequent prosecution for the same offense. Clear ba o mas malabo? So, first jeopardy, tandaan nyo mageattach, ‘yun ang requisites ng first jeopardy. Natapos ‘yung first jeopardy, It Ip bac a subsequent prosecution foe the garg offense. "Yun lang. Please take note, test of a Jeopardy Is theerime:charyed? NOT: the crifhé proved.figaning that, ‘yung ime. charged in the “That is the test on whether there will be double jeopardy. Kasi If the same offense is charged subsequently after the first Jeopardy has already been terminated, ‘yan may double jeopardy. So the test of jeopardy.what is seopardy?.di ba danger, peril? Okay. The test of the Jeopardy is the ciime charged, ‘not the crime proved, Okay. Now, we're talking about the termination of the first Jeopardy, elther in conviction or acquittal or the dismissal of the case without the ess consent of the accused. Jake note ha, NOW every aluinissal 6t: termination: ‘caséamounts ‘to’ adPacquittal. Dismissal of the case Is basically different from acquittal of the accused. "Pag na-dismiss ang case, maa-acquit ka, correct? That follows @. If the case is dismissed, the accused is acquitted. But these are two different Concepts becaus. 8 dismissal may be on the ground that the court has no jurisdiction Seer the case. Sovthat is withousagejudice to a refiling of the information before the court of competent jurisdiction.# Or a dismissal may be due to the quashal yf the tnformation because the facts charged do not constitute an offense. So itis @ dismissal without, prejudice. f Basically, when you talk, about an; Bcquittal, «that! is after tonsideration’of the evidence.,‘neaning, after a judgment on the ‘merits) There Hasy already. beensa:triat’on the merits and there ig a consideration of the totality of re evidence and. there Is.a.judoment.of acquittal] ‘Yan usually and’ gencrally, that 16 Concept of an acquittal. However, there are instances when a case is dismissed and the tantamount to an acquittal. Kasi "pag acquittal, papasok na ang double 0? Na-acquit s'yé from this case..because the case has been .al_could mount to double dismissal Is Jeopardy. Follow n'y‘ Gismissed on the merits and therefore acquitted_s'ya,.t! Jeopardy. to bara subsequent prosecution. NOT every dismissal” can bar’ ‘subsequent} prosecution’ It must be a dismissal that Is an acquittal’ Para pumasok ang double? Jeopardy, it thust be & dismissal that is an. acquittal or atleast, itis tantamount, to, 99 cguittal,So ttingnan n’yo if the dismissal is without prejudice. For example, on the Ground of lack of jurisdction.it is 2 cismissal without prejudice,to the refling of the aa dir ea2007 PRE-BAR LECTURE IN REMEDIAL Law | Criminal Procedure > Judge Ma. Cristina Cornejo information before tne court of competent jurisdiction. However, there could be dismissal that could be tantamount to an acquittal. I made mention of one..hindi ba, violation of the accused's right to speedy tial. Kanina, I told you, if the case is dismissed on the ground of viuiatiun of aucused’s right to Speedy Uial, that dismissal is tantamount to an acquittal. Ergo, pasok DJ. ‘Pag'sinabing tantamount to, operates as an acquittal, pasok DJ, For example, dismissal of the case as against one who has been discharged to be utilized as a state witness. If a person has been discharged..if the accused..several accused charged under gne information..one of thé accused has been'y __Bischarged to be utilized as. state witness, then discharge is tantamount to oF 5 «@S.an_acquittal.4 Pasok DJ. He can NO longer be subsequently prosecuted for the same offense. What else? What would be an example likewise of a dismissal of the case that Would be tantamount to an acquittal para pumasok ang D1? § the case is dismissed vif smademusrer to evidence.) What is your ground for a demurrer to evidence? Similar to Cv Pro. The only ground, take note, for & demurrer to the evidence is insufficiency of no longer avai able in a demurrer evidence. All these grounds for 2 motion to quash are to the evidence. = ound for @uiecucner to the evidence. is. insufficiency. @iideniéef Unless te accusey/intes \an, affirmative defense, the burden of proof in @ criminal case Is al mt thi le has to prove the guilt of the accused B ion has the burden of proving the liability General ‘yan e because there is always a presumption of innocence-in favor of the accused, So, at the first instance, unless the accused pleads or pleas an affirmative defense, ang burden of proof is always on the prosecution..to prove that he committed + the crime charged. “A demurrer to the evidence ‘di ba is @ motion to cismiss?. It isin the nature of.a motion to dismiss..a motion to dismiss by way of 2 Gemurrer.to the evkieng?. What do you mean by 2 demurrer to the evidence? ys. is an_objecton to the Therefore, Tr & Tmowon sufficiency of the evidence. presented, by the. prosecution, evidence. is. granted,.case is dismissed. That + dismiss by way of a. demurrer. dismlssa 5 tantamount. inghaclia Fro, pasok OJ, It will bar the subsequent prosecution for the seme offense. IS it clear? Now, if for purposes of DJ, the dismissal Of the case must be without the express consent of the accused. Kasi conviction, acquittal, or the case is dismissed without his express consent..gismissed or terminated without his express censent. Now, there are instances however, where the dismissal is at the instance of the accused. ‘he prosecution, your Honor, has failed to present evidence anew. May ! move, at least for 2 provisional dismissal. Aprovisional Sabot the case..meaning thatit can be revived You agreed to the provisional character of dismissal. Kailangan ‘yan..lt ust beth Your motion, with your express consent that the case Is dismissed. If it is with your express consent that the case is dismissed, you are likewise giving consent to its revival. Now, before the revision of the Rules, if the case is, dismissed provisionally, with the express consent of the accused, it can be revived. Now, what the lawyers did before the revision of the Rules is, after six months from the . date of the provisional dismissal of the case, they move for permanent dismissal. Anong sinasabi ng SC? It's an old case actually. It’s a 1978 case. Sabi ng SC there.."yung * Lauchenco v, Alefandro..for as long..you know very well even if the case is dismissed provisionally tumatekbo pa rin ‘yung..once a case is terminated, even if it is tern inated ‘or dismissed provisionally, meaning subject to revival.tumatakbo 2 aagad "ung prescriptive period of the crime, According to whe:sGeven ifthe 2172's ovovisionally dismissedisthe:dismissat iqéonot, De “permanent ntl afte. the offense ‘Tias. prescriveos an for permarren According to one Justice, 2 ‘animal as a motion for parmvane? because for as long as the crime has not prescribed you can still move for revivat Ngayon, under the present Rules, they made it simpler. Pinasok na niia ngayon -palgilh 7 36 EJ, LALA, ICE M, RAICO, ICE C, JUNO, BAMBI, C:ti esa a Fe + 2007 PRE-BAR LECTURE IN REMEDIAL LAW " Criminal Procedure Judge Ma. Cristina Cornejo Baarrmey eagong concept ‘si be under the new Rules.the time ber rle._Acase is Teed provisionally. Ang ttingnan lang ninyo, the penalty EN ase Is on motion. ito 0, Section 8 of Rule 117 = a case dicmssee provisionally except with the express corisent of the accused anu wills “ote to the pirate of’ended ” Party. Syempre to give the private offended party the opportunity tu seek a revival ut the case. So, i you, caused the dismissal of the case guavsionalhy, KaTsngan WHS ES BS vieress certo th Snag oh wae ann alent! Da Otay. {Ro 'Yurlgsirte bar role. g What does Bay Sinabt HE'S Charged wih an offense) for wt eT penalty & he dismissal can become permanent ‘efter two years¥rom date of the B5u he-order of provisional dismissal;. provided} ‘that within a period of two years, walang motion to revive) Tt has not been revived. NO ‘Motion to revive has been filed. If, on the other 1, is charged with an — sahere. the imposeble party does WOT exceed six 4 the Browsers issalcan become. permanent aftet.one year dale. of the order of Provisional dismissal; provided that it is not revived or there Is no —- revive that thas been filed within a period of one year. Kailangan ‘yan..provisional ‘yan e. So, why is, it called time bar? Binibigyan pa rin ang prosecution ng opportunity to revive it. So, if they do not act within the period as now fixed under the Rules..the case was dismissed Provisionally so subject to revival..But, you cannot have it all according to the SC. So, if you are given an opportunity to (eve bolncing ring ta-¢. balancing of Interests, of factors. Na-dismiss, #0 you have to put g tiie Tmfk to the. a theiprvleve of the prosecution to seek a reviv: seJ So, if the prosecution now, or the-Stale-80es-net move within the period allotted epending_ i the. kmpesable.° penalty 7“two ye the offense is penalized with imprisonment of more than_six years; the offense is penalized with imprisonment not exceeding six years. tee éS not’tiove, the I now becomes permanent Bare ox the} ee ee rep E Seed fee yar Te personaly duces me PE Papasok ‘yan if it is provisionally dismissed. Remember, this is the case of People v. Panfilo Lacson? "Yan ‘yung time bar rule e, because the case..yan ‘yung Kuratong Baleleng..it was dismissed provisionally. After two years, nag-refile. He objected. Time barred na kayo because under the present Rules, time barred na kayo. Sabi ng SC, No. You have to-balance it. This is precisely to give the State an opportunity to revive. At the time your case was dismissed in 1998..at the time the case was re-filed, 2000 na. Pumasok na ito December 2000, ‘yung Rules. Sabi ng SC, You do NOT apply it retroactively. This is precisely to give the State an ‘opportunity. Kasi makukulangan ag period ang State. They are precisely two years within which to revive. Counted from when?..e ngayon lang, kaka-promulgate larg nitong time bar rule e. So you effectively, if we allow your contention na time barred na sila, that would effectively be depriving the State of the opportunity to revive it. Kasi tapos na "yung kaso jf ia-apply mo ‘yung time bar rule. That should not be the case. The ponente there wes .Callef@ Sabi n'ya, kailangan dito balanang din.,precisely binibigyan ang State ng opportunity. Get it? Oo. Okay. If the case has been dismissed or the accused has been convicted or acquitted, pasok na OJ, except..take note of the ‘exceptions noh to the DJ rule ~ ‘yung of supervening factgx#Dkay. The doctrine ‘of supervening facts..for example, if the accused was chargéd Initiqly with physico: injuries, convicted of physical injuries; but after conviction the victim dies, so anong supervening event d'yan? The death? Because he has been charged of physical injuries. Buhay pa e. What did the SC say? The subsequent charge of homicide does NOT place the accused in double jeopardy. Why? After the first prosecution, a new fact supervenes. First prosecution for physical injuries. A new fact supervcnes, which is the Ey —_—_— RED, LALA, ICE M. RAICO, ANNE, ICE C, JUNO, BAMBL, CATHY. DAN, TINA, PJ, LES, PHINA, DARYL AIAN, Re eee sk DAL Ail IACEL AMINONY, MARIE MME RTAN. TAICH. RAMLUATHE, RIDCAL MAL2007 PRE-BAR LECTURE IN REMEDIAL LAW . Criminal Procedure : Judge Ma. Cristina Cornejo {gn Of the same vicim of the physicet mpotes on whlch the secu rad be held Hable, ging rise to 2 new and distinct offense. The accused cannot be said to be. Placed in jeopardy if indted for the new offense. Kasi totaly distinct na yan e shhough I may have pracesshat same act, Okay. ror Now, let me just go to..before we leave double Jeopardy.."yung with respect to the appa Take note ha, if the prosecution, appeals tite a jodagrent ot cores ‘because in the appeal the prosecution seeks a higher penalty. A judgment of with ihe b has been rendered against the accused: The prosecution is not contented penalty imposed in the judgment of conviction. The prosecution appeals from the judgment of conviction, with the intention of seeking @ higher penalty-for the accused. Can the prosecution do that without violating double jeonardy? Thay told aniount to double Yeopardy. es against thé sccusedy If the prosecutioT appeals, Temember this nh..I Eimkthisis the case of People v. Liones (2000) and People v. dela e200 ta : prosecution, appeals from a judgment of conviction fer the purpose? ‘Securing ‘an Increase in the penalty on the accused, that 1 to be denied Why? Because. that. will put. the. accused.in double. jeopardy What about..there are cases ‘where the penalty on appeal is increased. ‘Di ba ‘yung Larafiaga? Initially, recission * Perpetua. Tt went all the way up to the SC..sabi death, So, na-increase. But tingnan ninyo, who filed an appeal. ‘Di ba it was the accused? If it was the accused who file the appeal and-ir-the-course of the appeal, narincrease ‘yung penalty pa..t even became ‘worse than they expected..ergo, if he fles an appeal, he takes all the risks. Tt ls ot his instance. So, if he files an appeal, he takes the risks. It ‘could go either way. It could result in the reversal and therefore his acquittal, or it could go for the worse and there is ‘an increuse in the perralty. But it Is at his instance. Ang pinag-uusapan lang that amieunt.to double Jeopardy is if It ts the prosecution itself or the’State Rtself that 3} Ene toate TT A a een "Take note of that. Okay. You want to take-a break? ————— Okay. Now, we're into.take note of Section 9, Flare tS mNOVE tS Quest Now, in pre-trial conference-Lthink I mentioned earlier, you know very pre-trial conference in different from the pre-trial conference K criminal casép..the f pre-trial conference in civil cases, point very purpose, the primordial purposes of “Gi ba is to explore the possibility of an amicable settlement of the case. » Pre-trial happens after mediation. If nothing happens at mediation tapos back to court epfation failed, pre-trial conference proper. But even at the pre-trial conference proper ih civil cases, the court will stil endeavor to settle the parties. ‘Pag wala pa rin, then you go to the prewrial conference proper. Pareho rin 'yan as far as criminal cases are Sracemed, although hindi mediatable all criminal cases. Only 6.P. 22, estafa, yung civil Sspect can be mediated. Pero doon sa chil cases, everything can be set there for back to court pre-trial conference. Doon pa rin, even mediation, If mediation fails, before the court,.pre-trial conference..before the pre-trial conference proper is parelacted, the court is still tasked to try to settle the parties. ‘Pag wala pa rin talaga, thon pre-trial conference proper. When you talk about pretrial conference, youre Liking abut stipoatiir of facts, definition of sues, etc. and exploring ways and means to expedite the termination of the case. Now, incetitffinal' tases ang first purposets pleany bargaining. ,Piea’ bargaining "est sald oe ‘happen.-only.in. ec vferenced —{&,happens,.evan. before arraigiun hat is why at the time of the eremcnt magasabi na nila the accused tntends to plea bargain. The accused intends recite to plead guily to the lesser offense as the offense charged in the information, 3B ES, RKINA, AIAN, ITHONY, MARIE, MIKE, RYAN, TATCH, KARL, KATHE, KIIKAS, MAJ RED, LALA, ICE M, RAICO, ANNE, RACHE, JING, DANA, DEL, ANJ, JACG, AN2007 PRE-BAR LECTURE IN REMEDIAL LAW Criminal Procedure - Judge Ma. Cristina Cornejo So an ang frst purpose, not the primordial purpose noh. One mare thing defore we 90 + BPs weval oteerce prope take pateagh Yung pre-vial conference in cll cased ras been made mandatory as early 25363) Kesi ‘di ba ang primordial purpose & to wire Fa ETON cEoE ‘Because you know very swell yung civil (CSAS Cant be Wanyromnsed. Okay. So, the pre-tnai conference has been made randatcry m Cet 25 eariy 25.1989. But pre-bial conference in criminal casés has Ph oriy een maze =: . the promuigatin of the Speedy Trial Bch. Ang fe E trying to determine how (expedne—Seratse you Tannet go on record as comoromising a criminal case. So what do you do € the best to ‘Sete the case, the best to teminate & easily is to seek a compromise? But you cannot gO on record in criminal cases as compromising criminal cases. Because the offense ts committed not against actually 3 private individual, but it is considered as an offense Cones against the State. So you dant go on record as compromising criminal cases. ~ Buk meat about 2 Stuation where the GWil aspect has already been compromised and Gren they mowe for dismissal? ‘Di ba ‘yung mga affidavit of desistance in criminal cases. You tow exsentially wiry is there an affidavit of Gesistance. Beceuse they have already Seiad ot f cout But you cannot say in the affidavit of desistance and the court ‘Gevet cren say in the order that this case is dismissed because there has already been 2 amicabie sewiement of the case. No way! Because it's @ criminal case. ‘So, what will the cout do im the order # there's an affidavit of desistance? In fact, the affidavit of Cesitarre toes not sey that they have settied, that they have come to an poféement. fit Ang Sresap basicaly in the atfidavit of desistance és that the private complainant wie 2 ceesbatcn of the facts and.cxqumstances that led to the filing of the case, te to the conduson that the case resuited. out of @ misunderstanding ¢ Therefore, the private offended party no longer desires to continue with the prosecuuon of the case. Hired Yan ang sinasabi doon. And he is not allowed to say that because he has aiready paid his obligation or he has already compensated me for the damage done to me by virtue of the offense committed against me. He cannot go on record. And the court naman connet Sey that in view of the affidavit of desistance indicating that na- sete na ying Ovi aspect of the case, case dismissed. No, te court Gack say that. So, how is the case dismissed? Tikutgn ‘yan e. Because the prncoal wnness for the prosecution, who is the private offended party, without whose | testimony te proseaston cannot prove the guilt of the accused beyond reasonable ‘ott he is the very witness who can prove the case..he has already manifested his and therefore the case will be dismissed. Not bess, it 1S compromised, but the case will be dismissed on the ground of insufficiency 6f evidence.f Umikot. Tinakpan. But the law in short of it & that it was settied out of court. OkaY. So, untosepre-trial conference with respec to mediation. youre paid, will you continue with the prosecten? a, generally not. Pag the case is not settled or there's no plea Earganing 1 oiminal cases, then you proceed with the pre-trial conference proper. Sabi Gta, sipuecion of facts. So & happens likewise in pre-trial conference in civil cosas sipiation of facts. Does the defense admit to such and such, etc.? Admitted. Rememby, in your Rules on Evidence, any admission, any stipuletion made in the course Of the pre-vial conference, that is a judicial admission. That conchsively binds - tre person making te aomeson. It cannot be rebutted because Ws 2 judicial aemicson. It requres no proof anymore. It's part of the expediente. It’s part of the fecords of the case. Stipulation of facts, alam n’yo na ‘yan noh? Admission, any domsson, judicial admission. Marking for identification of evidence of the parties. Take - ete, Outing the pre-tnai conference you have documents available. You learned this in Your Gu Pra. Documents avaiable for marking, you have to produce then already in the 39 TAMNE ICE C. JUNO, BAMBL CATHY, DAN, TINA PLES, REGINA. DART. AIAN, Es, Uhh, ICE M, BAITS. 'O. ANTHONY, MARIE. MIKE RYAN, TAICH, KARL KATHE, KITKAT. MAL ACHE, BING, DIBA, OB, AS, AL2007 PRE-BAR LECTURE IN REMEDIAL LAW | ‘ "Criminal Procedure Judge Ma. Cristina Cornejo course of the pre-trial conference because there is'@ proscription there. If you fail Produce them for marking in the course of the pre-trial conference, that piece of evidence can no longer be introduced at the time of the trial So you have to produce thern there, unfess you can come up..that is of course on record long, based on the fuules. “Sometimes they say, With reservation, ‘your Hono, tc present additional evidence in the course of the trial. place in the order, With reservation on the part of the. prosecution or with reservation on the part of ‘the defense counsel to present additional evidence, not available today. “Yun aag aking ano d'yan €..p3r@ ma-reiax ng” Konti ang Rules, Not available today in the course of the tral..becaure under the Rules, if Its not available, re-set mo na ‘yen for.marking. Otherwise, yeu are barred from + Presenting them in the course of the trial. Same thing with respect to Civ Pro. Now, at the time of the presentation of evidence during the pre-trial conference, for purposes of marking lang ‘yan. It is not presented and already being offered in evidence. ‘That Is why it Is wrong for lawyers to register an objection at thet point in time. 7 object, your. Honar, ‘to the presentation of this evidence. Why? Because this is @ violation of the best evidence rule, etc. etc. etc. No! .You register your objections once the evidence is offered. In your Evidence, when is the evidence offered? Testoniak— when the witness is called in the witness stand; documentary, object evidence — after all testimonial evidence, in. That is the time to offer and the time to object. But once a piece of evidences Simply presented in the course of the pre-trial conference, that is only for purposes of marking and identification, Saka ka na mag-object noh! Your ‘objection, counsel, is premature because the evidence has not as yet been offered formally. You can register your objection once It is offered formally. Waiver of objections to admissibility, ‘yan pwede kang mag-waive. Most often, hindi naman ginagawa ‘yan. Now, tingnan nyo ‘to ha. Modification of the order of trial of the accused admits the charge but interposes a lawful defense, Okay. What is this? "Di ba the accused Interposes a defense. "DI ba at the time of the arraignment, if he pleads not guilty he interposes a negative defense. But if he pleads guilty, but interposes an affirmative defense, for example ~ Okay, Ladmit. 1 killed the victim. But, I acted in selt- defense. So he's interposing an affirmative defense. Alam n'yo naman ‘yung negative, affirmative. No..negative. Yes..affirmative, He admits committing the crime, but interposes an affirmative defense. An affirmative defense consisting of self-defense. So, if the accused at the time of the arraignment says that he is not guilty, he is interposing a negative defense. Kanino ang burden of proof? In your Rules on Evidence, whoever asserts the affirmative has the burden of proving that affirmative assertion. So if tie accused says, No, J did not do it. The presumption is it is the prosecution that says he did it.affirmative,.he did itt Sabi ng accused, No, I did not do it.negative. W'0 has the burden of proof? Whoever asserts the affirmative has the burden of proving that affirmative assertion. Hindi pwedeng sabi ng accused, No, J did not do itt. Sasabihin ng prosecution, Prove it! What? Prove that I did not do it? T have no obligation to..1 have no to prove that I did not do it. Ikaw ang nagsasabing 1 did it.prove it! If the accused now interposes a negative defense..andami ko pang pasakalye..ang prosecution ‘ang may burden, Now, if the accused interposes an affirmative defense, there could be a reverse order of trial. Since the accused has interposed an affirmative defense, nasa kanya ang burden..reverse na. He starts presenting evidence. Nuw iiw ita, in all such matters as will promote @ fair and expeditious trial of the criminal and civil aspects of the case. Alam n’yo marami na ‘yan..that the SC has been coming up with 2 lot of circulars with the end in view of secking an expeditious resolution of each case. For example, ngayon ina-adopt na even in crimina! cases ‘yung Ln crail cases, before all these revisions, before all the circulars of the Court, ‘yung judicial ‘affidavits ‘yan ‘yung 40 RE), LAU, ICED| 2007 PRE-BAR LECTURE IN REMEDIAL LAW * Criminal Procedure Judge Ma. Cristina Cornejo | ———$_$$_$_________—. affidavits that are submitted if the case Is covered by the Rules on Sunwnary Procedure, remember "pag criminal case? The affidavit of the witness shall constitute his auect testimany, “Pag Insidentify ng witness ‘yung affidavit n’ya..Okay marked. And we are - "manifesting, your Honan, that this particular alhdavi siali oustituis the droctlestenary Of the witness. Madali. Now, itis being applied even in vases no longer covered by the Rules on Summary Procedure..to expesite. During the pre-trial conference, the court will ask, Will counsels agree that we resort to judicial affidavits? But you havesdo furnish {ie other counsel with the judicial affidavit of your witness at feast three days before the Scheduled date of tral Why? For the other counsel to already read the affidavit so that on the date of the trial ready na s'ya for cross examination. lo-offer ang testimony pls the judicial affidavit. Identified, Marked. Sasabihin, This will consitute his direct testimony. Cross na kagad. So na-expedite “di ba? Kasi kapag you go through the motions of 2 direct examination..susmadrel Meron ng list of questions..Objection! Objection! Objection! Nade-delay. So, resort to judicial affidavit. That's one that is now proposed end is being applied already in courts. Next, meron pa silang Sne-dav-wiiess af ‘xamination filel Kasi most often than not, if the witness is presenied on direct examination, after termination of direct examination, the counsel who was not Estening to the direct examination, sasabihin nya, Your Honor, may I move to defer cross? 1 need to go over the testimony of this witness and I need to secure the transcript. Nge!. * You have to be prepared when you come to court. Whatever comes out of the mouth of the witness, inwlat mo na. So that on the date that the witness is presented, + _ immediately after termination of the direct examination, [-proceed mo na kagad sa czoss. You shall have completed the testimony of the witness in one day. That is the oné-day * jltness examination tule OF Tse pa, Yong Tne The court wil ask the counsels, How many witnesses do you intend to present? Sasabihin nya, I have five witnesses, your Honor. Nge\ If you need to only present two, what will be the nature of the testimonies? ‘Pan sinabi n'yong three, corroborative. Pwede na, they can stipulate. ag sinabing, / need five days, your Honor, because 1 will be presenting live witnesses. But ‘yung three or two would simply corroborate the first. Pwede na kayong mag- stipulate on that. € ‘di you shall have saved time, Those are circumstances which can bbe considered In the course of the prevtrial conference for pucpases of expediting the proceedings, expediting the termination of the case. Tandaan n'yo ‘yan ~ judkial affidavits, one-day witness examination rule, and then the material witness rule. "Ysn. ang mga bago ngayon. That is likewise applied in civil cases. Okay. Now, yunginrest * at agreement that will be submitted..t has to be signed by the accused.and the counsel” Oth will NOT bind the accused. Alkegreements, all admissions made of entered during thé'pre-tial conterence shall be reduced in writing and signed by cgused.and.counsell Otherwise, they cannot be used against the accused.“ tow,-as in civil cases, after the termination of the pre-trial conference, the court would have to come up with th pre-trial order, containing everything that transpired in the course of . the pre-trial conférence. That is the pre-trial order which shali bind the parties. Nasa 2 order na e..everything. ‘Di ba in civil procedure everything that trans,ires..pareho rin sa Z criminal procedure. Everything that transpires in the course of the’ pre-trial conference. 2} ith respect to the admissions, stipulations, documents that have bew-n marked, any rule, that .is tobe. applied. in.the, course of 1oe trial of ihe case, everything will have to. be ‘eontainad.in the pre-trial order and the pre-trial order. will bind the pa-tiesiy When you go to Trial, Rule 119..tet me just point out to you ha.."yung provisions of the Speedy Trial Act of 1998 on pre-trial and trial have already been incorporated dito. Rule 118, based na 'yan sa Speedy Trial Act, pasticularly ‘yung pre-trial has been made a SS REJ, LALA, ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ. LES. RHINA, DARYL AIAN, ACHE, JING, DANA, DEL, ANJ, JACQ, ANTHONY, MARIE, MIKE. RYAN, TATCH, KARL KATHE, KUTKAT, MAJ2007 PRE-BAR LECTURE IN REMEDIAL LAW “* Criminal Procedure Judge Ma. Cristina Cornejo Mandatory. And then the provisions of Rule 119, in-adopt ‘yung provisions Speedy Trial Act, Sabi dito under Section 1 = After a plea of NOT juilty, the accused + shall be given 15 days to prepare for trial, The trial shall commence 30 days from receipt of the pre-trial order. ow, what is the allowcdle period for yw hoses of vial? Sebi, It's 180 days from the frst date of tial. Kasi pera ma-timit. In NO case shall the entre ial parindexteod 160 days tara Vee date of wal, "Yung 180 dare take rote, Her are 95 | said earlier allowable exclusions from the 180 days date of tial. Seening, there are certain periods that may be excluded from the counting of 180 days. For example, ito na 9, Section 3 ~ exclusions. Ito 'yung mga allowable exclusions. I think I frade mention earlier of some of the allowable exclusions. Any period of dalay resuting rom other proceedings conceming the accused ~ glelay from the examination of the Physical and mentat condition of the accused, #élay resulting from the proceedings with respect to other criminal cases, gelay resulting from the absence or unavailability of an ‘essential witness... The prosecution cannot be faulted. Remember, I told you dua sa right to speedy trial, while length of delay may be considered as a factor in determining whetner or not chert, has been 2 violation of accused's right to specdy trial, it ikewise- = - entails or involves 8 balancing of factors. Meaning, it is NOT every delay that would violate the accused's right to speedy trial. For it to be considered as violative of * accused's right to speedy trial, the delay must be whimsical, capricious. Walang ka- base-base. But if the delay is due to any of these, hindi s'ya nagvi-violate. So these are the allowable exclusions. Kailangan bang i-memorize ‘yan? Keilangan, at least for Durposes of the bar, Ako hindi ko na kailangang i-memorize ‘yan. Pasado na “ko sa bar. Inire-relate ko lang ha..violation, Because if the delay is not explained..is not caused by any of these allowable exclusions from the period of tial that is provided under the Rules, meaning 180 days from the first date of trial kailangan ma-complete ‘yan..walang allowable exclusions, then that would be violative of accused's right to speedy trial. If the accused is not brought to trial within the period allowed by law, which is 180 days from the first date of tral.walang allowable exclusions, walang justification for delay..that would violate accused's right to speedy trial. And I told you, if the case is dismissed on the ground of violation of the accused's right to speedy trial, that dismissal * 4s tantamount to an acquittal, Ergo, DJ..which means that,he can no longer be. ‘subsequently prosecuted for the same offense. : ‘So, pumunta muna kayo dito under Section 9 of Rule 119 ~ remedy where the r ‘accused is not brought to trial within the time limit. Tingnan ninyo, ff.me accused NOT brought to trial within the time limit, tie information may be dismissed on motion, ; of the accused on the ground of,..tingnan.n'yo “to ha..on the ground of denial of his righty ; taxspeedy thal]? The accused shall have the burden of proving the motion, but the prosecution has the burden of going forward the evidence to establish exclusion. Sasabihin n’ya magmo-move to dismiss s'ya. Hindi s'ya nadadala to tnal within the atlowable period, lampas-lampasan na. The prosecution would have to be given a chance to refute that because there has been delay because allowed naman. Tingnan n’yo he.last sentence - the.gismissalshail ke subject tothe rules.on double jeopardyd That is what is meant by (hat. The dismissal shall be subject to thie rules on double Jeopardy. If nag-move ang accused, prosecution given tne oppuniuins w refute the imotion, the court grants the dismissdl..it is not due to his fault..and therefore granted ‘subject to the rules on double jeopardy. It is a violation of his right to speedy trial. Tantamcunt to an acquittal. Pasok D). Get it? Okay. That is if the court grants on the ground of violation of accused's right to speetly trial because violation of accused's right to speedy trial, the dismissal founded on that ground is tantamount to an acquittal. az BE) TALA. ICE M, RAICO, ANNE, ICE C, JUNO, BAMBI, CATHY, DAN, TINA, PJ. 1€5, RHINA, DARYL. a BACHE, JUNG, DANA. OE), ANJ, JACQ, ANTHONY, MARIE, MIKE, RYAN, TATCH, KARL, KATIE, KHKAL, MAY aaa aaa eat aaa aaa ean aes TOTeT aD 2007 PRE -BAR LECTURE IN REMEDIAL * Criminal Procedure Judge Ma. Cristina Cornejo Ergo, DJ. Pero tingnan n'yo ha. Look at this next paragraph ~ Palluce of the act he accused pe kasi the right To dismiss is founded on violation of his right to speedy trial. And 5

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