criminal procedure exam reviewer

8/12/2019 Criminal Procedure exam Reviewer

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PRELIMINARY CHAPTER

What is criminal procedure?

Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offenseand for their punishment, in case of conviction.

What is criminal procedure concerned with?

Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initia

investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe thenetwork of laws and rules which govern the procedural administration of criminal justice.

What are the sources o criminal procedure?

1. Spanish Law of Criminal rocedure!. "eneral #rder $o. %&, dated 'pril !( 1)**(. 'mendatory acts passed by the hilippine Commission+. he various -uasi acts, the hilippine ill of 1)*!, the /ones Law of 1)10, the ydings2c3uffie Law, and the Constitution of

the hilippines%. he 4ule of Court of 1)+*, and the 1)0+, 1)&%, and 1)&& 4ules on Criminal rocedure0. 5arious 4epublic 'cts 64' !+*, /udiciary 'ct, 4' &!+) creating the Sandiganbayan, Speedy rial 'ct78. residential 3ecrees&. 1)&8 Constitution, particularly 'rt. III ill of 4ights). Civil Code 6'rt. (!, ((, (+71*. Certain judicial decisions

11. 4' &()( he Speedy rial 'ct1!. Circulars

1(. he 4evised 4ules on Criminal rocedure 63ec 1, !***7

What are the three s!stems o criminal procedure?

1. In-uisitorial 9 the detection and prosecution of offenders are not left to the initiative of private parties but to the officialsand agents of the law. 4esort is made to secret in-uiry to discover the culprit, and violence and torture are often employedto e:tract confessions. he judge is not limited to the evidence brought before him but could proceed with his own in-uirywhich was not confrontative.

!. 'ccusatorial 9 he accusation is e:ercised by every citi;en or by a member of the group to which the injured party belongs's the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. he

battle in the form of a public trial is judged by a magistrate who renders a verdict. The essence o the accusatorias!stem is the ri"ht to #e presumed innocent$ o defeat this presumption, the prosecution must establish proof of guilbeyond reasonable doubt 6moral certainty7.

(. 2i:ed 9 his is a combination of the in-uisitorial and accusatorial systems. he e:amination of defendants and othepersons before the filing of the complaint or information is in-uisitorial.

he judicial setup in the hilippines is accusatorial or ad%ersar! in nature. It contemplates two contending parties beforethe court, which hears them impartially and renders judgment only after trial.

&istin"uish #etween criminal law and criminal procedure$

Criminal law is substantive< it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on theother hand, is remedial or procedural< it provides for the method by which a person accused of a crime is arrested, tried andpunished. Criminal law declares what acts are punishable, while criminal procedure provides how the act is to be punished.

How are the rules o criminal procedure construed?

he rules of criminal procedure shall be liberally construed in favor of the accused and strictly against the state to even the odds infavor of the accused against whom the entire machinery of the state is mobili;ed.

What is 'urisdiction?

/urisdiction 6in general7 is the power or authority given by the law to a court or tribunal to hear and determine certain controversiesIt is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.

&istin"uish 'urisdiction rom %enue$

5enue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. Itmeans the place of trial. #n the other hand, jurisdiction is the power of the court to decide the case on the merits. 5enue is thusprocedural, while jurisdiction is substantive. In civil cases, venue may be waived or stipulated by the parties. #n the other hand

jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.

What is criminal 'urisdiction?

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Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it.

What are the elements o 'urisdiction in criminal cases?

1. he nature of the offense and=or the penalty attached thereto!. he fact that the offense has been committed within the territorial jurisdiction of the court.

What are the re(uisites or a %alid e)ercise o criminal 'urisdiction?

1. /urisdiction over the person!. /urisdiction over the territory(. /urisdiction over the subject matter

What is 'urisdiction o%er the su#'ect matter?

It is the power to hear and determine cases of the general class to which the proceedings in -uestion belong and is conferred by thesovereign authority which organi;es the court and defines its powers.

Which law determines the 'urisdiction o the court * the law in orce at the time o the commission o the oense orthe one in orce as o the time when the action is iled?

/urisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. he e:ception tothis rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense

In this case, jurisdiction is determined by the law in force at the time of the commission of the offense.

What is adherence o 'urisdiction?

he principle of 'dherence of /urisdiction means that once jurisdiction is vested in the court, it is retained up to the end of thelitigation. It remains with the court until the case is finally terminated. he e:ception to this is where

a subse-uent statute changing the jurisdiction of a court is given retroactive effect, it can divest a court of jurisdiction over casesalready pending before it before the effectivity of the statute.

A was char"ed with an oense whose penalt! was #elow + !ears$ The case was iled with the MTC$ Ater trial, theMTC con%icted him o an oense with a hi"her penalt!$ A (uestioned the con%iction, claimin" that the MTC had no'urisdiction o%er the oense since the penalt! prescri#ed or it was hi"her than + !ears$ Is A correct?

' is wrong. /urisdiction over the subject matter is determined by the authority of the court to impose the penalty imposable giventhe allegation in the information. It is not determined by the penalty that may be meted out to the offender after trial but to thee:tent of the penalty which the law imposes for the crime charged in the complaint.

I durin" the proceedin"s, the court inds that it has no 'urisdiction, how should it proceed?

>here the court has no jurisdiction, lower courts should simply dismiss the case. #n the other hand, the Supreme Court and theCourt of 'ppeals may refer the case to the court of proper jurisdiction.

What is the 'urisdiction o Municipal Trial Courts in criminal cases?

1. ?:clusive original jurisdiction over all %iolations o cit! or municipal ordinances committed within their respectiveterritorial jurisdictionhere the amendment is only as to form, there is no need for a new preliminary investigation or plea< in substitution,

another preliminary investigation and plea is re-uired.+. 'n amended information refers to the same offense charged or to one which necessarily includes or is necessarily included

in the original charge, hence substantial amendments after plea cannot be made over the objection of the accusedSubstitution re-uires that the new information is for a different offense which does not include or is not necessarily included

in the original charge.

When are the ri"hts o the accused pre'udiced #! an amendment?

1. >hen a defense which he had under the original information would no longer be available!. >hen any evidence which he had under the original information would no longer be available(. >hen any evidence which he had under the original information would not longer be applicable to the amended information

What are su#stantial amendments?

'fter plea, substantial amendments are prohibited. hese are amendments involving the recital of facts constituting the offense anddeterminative of the jurisdiction of the court. 'll other matters are merely of form.

Is an additional alle"ation o ha#itual delin(uenc! and recidi%ism a su#stantial amendment?

$o. hese allegations only relate to the range of the imposable penalty but not the nature of the offense.

Is an additional alle"ation o conspirac! a su#stantial amendment?

Bes because it changes the theory of the defense. It makes the accused liable not only for his own acts but also for those of his co

conspirators. 6$ld J. Sabio answe#

he new answer is@ $o, it is not a substantial amendment in the following e:ample@ D is charged with murder as principal. Later, thecomplaint is amended to include two other persons who allegedly conspired with D. Can D invoke double jeopardy on the ground

that the amendment is substantialA $o. he amendment is merely a formal amendment because it does not prejudice the rightsof D, who was charged as a principal to begin with.

Is a chan"e in the items stolen #! the accused a su#stantial amendment?

Bes because it affects the essence of the imputed crime and would deprive the accused of the opportunity to meet all the allegationsin preparation of his defense.

Is a chan"e in the nature o the oense due to super%enin" e%ent a su#stantial amendment?

$o, it is merely a formal amendment.

Can the court order the dismissal o the ori"inal complaint #eore a new one is iled in su#stitution?

$o. he court will not order the dismissal until the new information is filed.

Where should a criminal action #e instituted?

a. In the court of the municipality or territory where the offense was committed or where any of its essential ingredients occurred6?:ception@ Sandiganbayan cases7

b. If committed in a train, aircraft, or other public or private vehicle@ in the court of any municipality or territory where the vehiclepassed during its trip, including the place of departure or arrival

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c. If committed on board a vessel in the course of its voyage@ in the court of the first port of entry or of any municipality or territorywhere the vessel passed during the voyage, subject to the generally accepted principles of international law

d. Crimes committed outside the hil but punishable under 'rticle ! of the 4C@ any court where the action is first filed.

What is a continuin" or transitor! oense?

ransitory offenses are crimes where some acts material and essential to the crimes and re-uisite to their commission occur in one

municipality or territory and some in another. Continuing offenses are consummated in one place, yet by the nature of the offensethe violation of the law is deemed continuing. ?:amples are estafa, abduction, malversation, libel, kidnapping, violation of !!.

How do !ou determine 'urisdiction o%er a continuin" crime?

he courts of the territories where the essential ingredients of the crime took place have concurrent jurisdiction. ut the court whichfirst ac-uires jurisdiction e:cludes the other courts.

What are the rules on %enue in li#el cases?

a. he criminal action for libel may be filed in the 4C of the province or the city where the libelous article is printed and firstpublished.b. If the offended party is a private individual, the criminal action may also be filed in the 4C of the province where he actuallyresided at the time of the commission of the offense.c. If the offended party is a public officer whose office is in 2anila at the time of the commission of the offense, the criminal actionmay be filed in the 4C of 2anila.d. If the offended party is a public officer whose office is outside 2anila, the action may be filed in the 4C of the province or citywhere he held office at the time of the commission of the offense.

Can the oended part! inter%ene in the prosecution o the criminal action?

Bes, e:cept if he has waived, has reserved his right, or has already instituted the criminal action. he reason for this rule is becauseof 'rticle 1** of the 4C which provides that every person criminally liable shall also be civilly liable and also because there arecertain offenses which cannot be prosecuted e:cept upon complaint of the offended party.

&o the oended parties ha%e the ri"ht to mo%e or the dismissal o a case?

$o. he right belongs only to the government prosecutor who is the representative of the plaintiff.

Can the oended part! ile a ci%il action or certiorari in his own name i the RTC dismisses an inormation?

Bes. In case of grave abuse of discretion amounting to lack of jurisdiction, the petition may be filed by the offended party becausethe offended party has an interest in the civil aspect of the case.

R4LE 555 PR67EC4TI6N 6/ CIIL ACTI6N

What is the "eneral rule?

he general rule is when a criminal action is instituted, the civil action for the recovery of the civil liability arising from the offensecharged under 'rticle 1** of the 4C shall be deemed instituted with the criminal action.

What are the e)ceptions?

he civil action is not deemed instituted in the following cases@

1. >hen the offended party has waived the civil action!. >hen the offended party has reserved the right to institute it separately(. >hen the offended party has instituted the civil action prior to the institution of the criminal action

What is the ci%il action that is deemed instituted with the criminal action?#nly the civil action for the recovery of civil liability arising from the offense under 'rticle 1** of the 4C, not the independent civi

actions under 'rticle (!, ((, (+ and !180 of the Civil Code.

What is the dual concept o ci%il lia#ilit!?

his means that civil liability may arise from crimes or from -uasidelicts. hus, a negligent act causing damage may produce twokinds of civil liability 9 one arising from crime and another from -uasidelict. he only limitation is that the offended party may notrecover twice from the same act.

What are the dierences #etween a crime and a (uasi@delict?

1. Crimes affect public interest, while -uasidelicts are only of private concern!. he 4C punishes or corrects the criminal act, while the Civil Code merely repairs the damage by means of indemnification

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(. Crimes are punished only if there is a law providing for their punishment, while -uasidelicts include all acts where fault ornegligence intervenes. herefore, -uasidelict is broader in scope.

What constitutes ci%il lia#ilit!?

'ccording to 'rticle 1*+ of the 4C, it constitutes restitution, reparation, and indemnification for conse-uential damages.

What is the #asis or the #roader concept o ci%il lia#ilit!?he broader concept of civil liability means that every person criminally liable is also civilly liable. his is because in a criminaoffense, there are two offended parties 9 the state and the private offended party.

I the complaint does not contain an alle"ation o dama"es, is the oender still lia#le or them?

Bes because every person criminally liable is also civilly liable. his is subject to the e:ception when the offended party has waived

or has reserved the right to institute the civil action separately.

When should the reser%ation #e made?

he reservation should be made before the prosecution presents its evidence and under circumstances affording the offended party areasonable opportunity to make such reservation.

What is the reason or the rule re(uirin" reser%ation?

he reason is to prevent double recovery from the same act or omission.

Can the accused ile a counterclaim in the criminal case?

$o.

In a >P :: case, can the oended part! ma3e a reser%ation o the ci%il action?

$o. he criminal action shall be deemed to include the civil action, and the offended party is not allowed to make the reservationhe actual damages and the filing fees shall be e-uivalent to the value of the check.

When is the separate ci%il action suspended?

'fter the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgmenthas been entered in the criminal action.

If the criminal action is filed after the civil action was instituted, the civil action shall be suspended in whatever stage it may be foundbefore judgment on the merits. he suspension shall last until final judgment is rendered in the criminal action.

$onetheless, the civil action may be consolidated with the criminal action at any time before judgment on the merits upon motion ofthe offended party with the court trying the criminal action. he evidence presented at the civil action shall be deemed reproduced

in the criminal action without prejudice to the right of the prosecution to crosse:amine the witness presented by the offended partyin the criminal case and of the parties to present additional evidence. he consolidated criminal actions shall be tried and decided

jointly.

?:ception@ >hen there is a prejudicial -uestion in a previously filed civil action, it should be resolved first.

Are the independent ci%il actions also deemed suspended with the ilin" o the criminal action?

$o. #nly the civil action arising from the crime under 'rticle 1** is suspended. he independent civil actions are not suspended andmay continue even if the criminal action has been instituted. Eowever, the offended party may not recover twice from the same act.

Ee should only get the bigger award.

What is the eect o an ac(uittal on the ci%il action?

he general rule is the civil action is not necessarily e:tinguished by the ac-uittal of the accused. ?ven if the accused is ac-uitted,the court can still award civil liability in the following cases@

1. >hen the ac-uittal is based on reasonable doubt!. >hen there is a declaration in the decision that the liability of the accused is only civil(. >hen the civil liability is not derived from or based on the criminal act of which the accused is ac-uitted.

Eowever, if the decision contains a finding that the act from which the civil liability may arise does not e:ist, the civil liability ise:tinguished.

Can !ou compel a 'ud"e #! mandamus to award ci%il dama"es?

Bes because every person criminally liable is also civilly liable and also because even if the accused is ac-uitted, there are caseswhen he is still civilly liable.

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What is the reason or allowin" the ci%il lia#ilit! to su#sist in spite o the ac(uittal o the accused?

his is because the parties in the criminal and civil action are different 9 in the criminal action, the party is the state, while in the civiaction, the party is the private offended party. 'lso, the two actions re-uired different -uantum of evidence. he criminal actionre-uires proof of guilt beyond reasonable doubt, while the civil action re-uires mere preponderance of evidence.

What are the independent ci%il actions?

he independent civil actions are those provided in 'rticles (!, ((, (+, and !180 of the Civil Code. hey may proceed independently

of the criminal action and shall re-uire only a preponderance of evidence.

What is the eect o the death o the accused on the criminal and ci%il actions?

If the accused dies after arraignment and during the pendency of the criminal action, both the criminal and civil liability arising fromthe crime shall be e:tinguished. Eowever, the independent civil actions may be filed against the estate of the accused after propesubstitution, and the heirs of the accused may also be substituted for the deceased.

If the accused dies before arraignment, the case shall be dismissed, without prejudice to any civil action that the offended party mayfile against the estate of the deceased.

When the deendant is a#sol%ed o ci%il lia#ilit! in a ci%il action, can a criminal action still #e iled a"ainst him?

Bes. >hile every person criminally liable is also civilly liable, the converse is not true. herefore, even if the defendant is absolved

of civil liability in a civil action, a criminal action can still be filed against him. esides, the state is a party in a criminal action, whileonly the private offended party is a party in the civil action. 2oreover, the -uantum of evidence in the civil action is only

preponderance of evidence, while that re-uired in the criminal action is proof beyond reasonable doubt.

What is a pre'udicial (uestion?

' prejudicial -uestion is one based on a fact separate and distinct from the crime but is so intimately related to it that it determinesthe guilt or innocence of the accused.

What are the elements o a pre'udicial (uestion?

1. he pe!iously filed civil action involves an issue which is similar or is intimately related with an issue raised in thesubse-uent criminal action

!. he resolution of the issue will determine whether or not the criminal action may proceed.

When is an action or annulment o marria"e pre'udicial to a #i"am! case?

'n action for annulment of marriage is prejudicial to a bigamy case only if the accused in the bigamy charge is also the one askingfor annulment of the second 6bigamous7 marriage based on vitiation of consent. his is because in such a case, if the court declaresthat the partyFs consent was indeed vitiated and annuls the marriage, then it would also mean that the party did not willingly committhe crime of bigamy. It would thus be determinative of the guilt or innocence of the accused.

R4LE 55: PRELIMINARY INE7TIATI6N

What is preliminar! in%esti"ation?

reliminary investigation is an in-uiry or proceeding to determine whether there is sufficient ground to engender a wellfoundedbelief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

When is it re(uired?

efore a complaint or information is filed, preliminary investigation is re-uired for all offenses punishable by imprisonment of at least+ years, ! months, and 1 day, regardless of the fine, e:cept if the accused was arrested by virtue of a lawful arrest without warrant

In such a case, the complaint or information may be filed without a preliminary investigation unless the accused asks for apreliminary investigation and waives his rights under 'rticle 1!% of the 4C.

What is the purpose o a preliminar! in%esti"ation?

1. o determine if there is sufficient ground to engender a wellfounded belief that a crime has been committed and therespondent is probably guilty thereof, and should be held for trial.

!. o protect the accused from the inconvenience, e:pense, and burden of defending himself in a formal trial unless thereasonable probability of his guilt shall have been first ascertained in a fairly summary proceeding by a competent officer.

(. o secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an open and publicaccusation of a crime, from the trouble, e:penses and an:iety of a public trial.

+. o protect the state from having to conduct useless and e:pensive trials.

What is the scope o preliminar! in%esti"ation?

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reliminary investigation is merely in-uisitorial and it is often the only means of discovering whether the offense has been committedand the persons responsible for it to enable the fiscal to prepare his complaint or information. It is not a trial on the merits and hasno purpose but to determine whether there is probable cause to believe that an offense has been committed and that the accused is

probably guilty of it. It does not place the accused in jeopardy.

Is the ri"ht to a preliminar! in%esti"ation a undamental ri"ht?

$o, it is a statutory right and may be waived e:pressly or by silence. It is also not an element of due process, unless it is e:presslygranted by law.

Can an accused demand the ri"ht to conront and cross@e)amine his witnesses durin" the preliminar! in%esti"ation?

$o. he preliminary investigation is not part of the trial. It is summary and in-uisitorial in nature, and its function is not todetermine the guilt of the accused but merely to determine the e:istence of probable cause.

Is the lac3 o a preliminar! in%esti"ation a "round or dismissin" a complaint?

$o. he absence of a preliminary investigation does not affect the jurisdiction of the court but merely the regularity of theproceedings. he court cannot dismiss the complaint on this ground, and it should instead conduct the investigation or order thefiscal or lower court to do it.

What is the eect o the a#sence o a certiication that a preliminar! in%esti"ation was conducted?

It is of no conse-uence. >hat is important is that there was actually an investigation, that the accused was informed thereof andwas allowed to present controverting evidence.

When should the ri"ht to preliminar! in%esti"ation #e in%o3ed?

he accused should invoke it before plea, or else, it is deemed waived.

What i the court denies the in%ocation o the ri"ht to a preliminar! in%esti"ation, what is the remed! o the accused?

Ee must immediately appeal it to the appellate court. Ee cannot later raise the issue for the first time on appeal.

I the complaint or inormation is amended, should a new preliminar! in%esti"ation #e conducted?

$o.

I the complaint or inormation is su#stituted, should a new preliminar! in%esti"ation #e conducted?

Bes.

Who ma! conduct a preliminar! in%esti"ation?

1. rovincial or city prosecutors and their assistants

!. /udges of the 2Cs(. $ational and 4egional State resecutors+. Comelec with respect to election offenses%. #mbudsman with respect to Sandiganbayan offenses and other offenses committed by public officers0. C"" with respect to illgotten wealth cases

Can RTC 'ud"es conduct a preliminar! in%esti"ation?

$o. 'lthough this should not be confused with the authority of the 4C to conduct an e:amination for the purpose of determiningprobable cause when issuing a warrant of arrest.

What is the procedure in conductin" a preliminar! in%esti"ation?1. he complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainants and

his witnesses as well as other documents to establish probable cause. he affidavits must be subscribed and sworn beforethe prosecutor or government official authori;ed to administer oath or notary public.

!. >ithin 1* days from the filing of the complaint, the investigating officer shall either@

a. dismiss it if he finds no ground to continue the investigation< orb. issue a subpoena to the respondent accompanied by the complaint and affidavits.

he respondent shall have the right to e:amine the evidence, etc, etc.

(. >ithin 1* days from receipt of the subpoena, the respondent shall submit his counteraffidavit, the affidavits of hiswitnesses, and other documents in his defense. 'ffidavits should also be sworn and subscribed. he respondent cannot file

a motion to dismiss in lieu of a counteraffidavit.

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+. If the respondent cannot be subpoenaed or if he fails to file his counteraffidavit within 1* days, the investigating officershall resolve the complaint based on the evidence submitted by the complainant.

%. If there are facts and issued which need to be clarified, the investigating officer may set a hearing. he parties can bepresent, but they cannot crosse:amine. he hearing shall be held within 1* days from the submission of the counter

affidavits or from the e:piration of the period of their submission. It shall be terminated within % days.0. >ithin 1* days from the termination of the investigation, the investigating officer shall determine whether or not there is

probable cause to hold the respondent for trial.

Is a preliminar! in%esti"ation a 'udicial proceedin"?

Bes because there is an opportunity to be heard and the production and weighing of evidence upon which a decision is rendered.Since it is a judicial proceeding, the re-uirement of due process in judicial proceedings is also re-uired in preliminary investigations.

What is the dierence #etween criminal in%esti"ation and preliminar! in%esti"ation?

Criminal investigation is a factfinding investigation carried out by lawenforcement officers for the purpose of determining whetherthey should file a complaint for preliminary investigation. reliminary investigation is conducted for the purpose of determining ifthere is probable cause to hold a person for trial.

What is pro#a#le cause?

robable cause is the e:istence of such facts and circumstances as would e:cite the belief in a reasonable mind, acting on the factswithin the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.

Is the presence o counsel in the preliminar! in%esti"ation mandator!?

$o. reliminary investigation is a summary proceeding and is merely in-uisitorial in nature. he accused cannot yet invoke the fule:ercise of his rights.

How does the in%esti"atin" prosecutor resol%e the indin"s ater preliminar! in%esti"ation?

1. If he finds probable cause to hold the respondent for trial, he shall prepare the resolution and certify under oath in theinformation that@

a. he or an authori;ed officer has personally e:amined the complainant and his witnesseshether the function odetermining probable cause has been correctly discharged by the prosecutor is a matter that the trial court itself does not and may

not pass upon.

Is the indin" o a 'ud"e that pro#a#le cause e)ists or the purpose o issuin" a warrant o arrest su#'ect to 'udicialre%iew?

$o. It would be asking the court to e:amine and assess such evidence as has been submitted by the parties before trial and on thebasis thereof, make a conclusion as whether or not it suffices to establish the guilt of the accused.

What is the remed! o the complainant i the 7ecretar! o Bustice does not allow the ilin" o a criminal complainta"ainst the accused #ecause o insuicienc! o e%idence?

Ee can file a civil action for damages against the offender based on 'rticle (% of the Civil Code. his would re-uire a mere

preponderance of evidence.

What are the remedies o a part! a"ainst whom a warrant o arrest has #een issued?

1. post bail!. ask for reinvestigation(. petition for review+. motion to -uash the information%. if denied, appeal the judgment after trial

6no certiorari7

What is the procedure in resol%in" a complaint when the preliminar! in%esti"ation is conducted #! a 'ud"e?

1. >ithin 1* days after the termination of the preliminary investigation, the investigating judge shall transmit the resolution o

the case to the provincial or city prosecutor, or to the #mbudsman for appropriate action.!. he resolution shall state the findings of fact and law supporting his action together with the record of the case which shalinclude@

a. the warrant if the arrest is by virtue of a warrantb. the affidavits, counteraffidavits, and supporting evidencec. the undertaking or bail and the order of released. the transcripts of the proceedingse. the order of cancellation of the bail bond if the resolution is for the dismissal of the complaint

(. >ithin (* days from the receipt of the records, the provincial or city prosecutor or the #mbudsman shall review theresolution of the judge.

+. hey shall act on the resolution, e:pressly and clearly stating the facts and the law on which it is based.%. he parties shall be furnished with copies thereof.0. hey shall order the release of an accused who is detained if no probable cause is found against him.

What happens i the 'ud"e ails to resol%e the case within 5. da!s rom the termination o the in%esti"ation?

his constitutes dereliction of duty and is a ground for dismissal of the judge.

What is the dierence #etween preliminar! in%esti"ation conducted #! the prosecutor and one conducted #! the'ud"e?

he prosecutor is not bound by the designation of the offense in the complaint. 'fter preliminary investigation, he may file any case

as warranted by the facts. he judge cannot change the charge in the complaint but must make a finding on whether or not thecrime charged has been committed.

I the in%esti"atin" 'ud"e did not issue a warrant or the arrest o the accused durin" the preliminar! in%esti"ationwhat is the remed! o the prosecutor i he #elie%es that the accused should #e immediatel! placed under custod!?

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Ee should file the information in court, so that the 4C may issue the warrant of arrest. Ee should not file for mandamus becausethat could take two years to resolve.

What is a warrant o arrest?

' warrant of arrest is a legal process issued by competent authority, directing the arrest of a person or persons upon grounds statedtherein.

When ma! a warrant o arrest #e issued?

y the 4C

1. >ithin 1* days from the filing of the complaint or information, the judge shall personally evaluate the resolution of theprosecutor and its supporting evidence.

!. Ee may immediately dismiss the case if the evidence fails to establish probable cause.(. If he finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused has already been

arrested by virtue of a warrant issued by the 2C judge who conducted the preliminary investigation or if he was arrestedby virtue of a lawful arrest without warrant.

+. In case of doubt on the e:istence of probable cause, the judge may order the prosecutor to present additional evidencewithin % days from notice and the issue must be resolved within (* days from the filing of the complaint or information.

y the 2C

1. If the preliminary investigation was conducted by a prosecutor, same procedure as above

!. If the preliminary investigation was conducted by the 2C judge and his findings are affirmed by the prosecutor, and thecorresponding information is filed, he shall issue a warrant of arrest.

(. Eowever, without waiting for the conclusion of the investigation, he may issue a warrant of arrest if he finds after@

a. an e:amination in writing and under oath of the complainant and his witnessesb. in the form of searching -uestions and answers that probable cause e:ists '$3 that there is a necessity of placing

the accused under immediate custody in order not to frustrate the ends of justice.

What are the 3inds o oenses that ma! #e iled with the MTC or preliminar! in%esti"ation?

1. hose which are cogni;able by the 4C!. hose cogni;able by the 2C where the penalty is at least + years, ! months, and 1 day regardless of the fine

When is a warrant o arrest not necessar!?

1. >hen the accused is already under detention issued by the 2C!. >hen the accused was arrested by virtue of a lawful arrest without warrant

(. >hen the penalty is a fine only

Are 0Bohn &oe1 warrants %alid?

"enerally, /ohn 3oe warrants are void because they violate the constitutional provision that re-uires that warrants of arrestshould particularly describe the person or persons to be arrested. ut if there is sufficient description to identify the person to bearrested, then the warrant is valid.

What are the principles "o%ernin" the indin" o pro#a#le cause or the issuance o a warrant o arrest?

1. here is a distinction between the objective of determining probable cause by the prosecutor and by the judge. heprosecutor determines it for the purpose of filing a complaint or information, while the judge determines it for the purposeof issuing a warrant of arrest 9 whether there is a necessity of placing him under immediate custody in order not tofrustrate the ends of justice.

!. Since their objectives are different, the judge should not rely solely on the report of the prosecutor in finding probable causeto justify the issuance of a warrant of arrest. he judge must decide independently and must have supporting evidence

other than the prosecutorFs bare report.(. It is not re-uired that the complete or entire records of the case during the preliminary investigation be submitted to and

e:amined by the judge. Ee must have sufficient supporting documents upon which to make his independent judgment.

How should the complaint or inormation #e iled when the accused is lawull! arrested without warrant?

he complaint or information may be filed by a prosecutor without need for a preliminary investigation provided an in-uestproceeding has been conducted in accordance with e:isting rules. In the absence of an in-uest prosecutor, the offended party oany peace officer may file the complaint directly in court on the basis of the affidavit of the offended party or peace officer.

What is the remed! o the person arrested without warrant i he wants a preliminar! in%esti"ation?

efore the complaint or information is filed, he may ask for one provided that he signs a waiver of his rights under 'rticle 1!% of the

4C in the presence of counsel. Ee may still apply for bail in spite of the waiver. he investigation must be terminated within 1%days.

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'fter the complaint of information is filed but before arraignment, the accused may, within % days from the time he learns of hisfiling, ask for a preliminary investigation.

What is an in(uest?

'n in-uest is an informal and summary investigation conducted by a public prosecutor in a criminal case involving persons arrestedand detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons

should remain under custody and correspondingly charged in court.

What are the "uidelines to sae"uard the ri"hts o an accused who has #een arrested without a warrant?1. he arresting officer must bring the arrestee before the in-uest fiscal to determine whether the person should remain in

custody and charged in court or if he should be released for lack of evidence or for further investigation.!. he custodial investigation report shall be reduced to writing, and it should be read and ade-uately e:plained to the

arrestee by his counsel in the language or dialect known to him.

What is the procedure in cases not re(uirin" a preliminar! in%esti"ation?

1. If filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supportingdocuments submitted by the complainant within 1* days from its filing.

!. If filed with the 2C@

a. If within 1* days from the filing of the complaint or information, the judge finds no probable cause after personallye:amining the evidence in writing and under oath of the complainant and his witnesses in the form of searching-uestions and answers, he shall dismiss the complaint or information.

b. Ee may re-uire the submission or additional evidence, within 1* days from notice. If he still finds no probablecause, he shall dismiss the case.

c. If he finds probable cause, he shall issue a warrant of arrest or a commitment order and hold him for trial. If hethinks that there is no necessity for placing the accused under custody, he may issue summons instead.

R4LE 55; ARRE7T

What is arrest?

'rrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

How is an arrest made?

'rrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the

arrest.

What does it mean when 'urisprudence sa!s that the oicer, in ma3in" the arrest, must 0stand his "round1?

It means that the officer may use such force as is reasonably necessary to effect the arrest.

What is the dut! o the arrestin" oicer who arrests a person?

Ee must deliver the person immediately to the nearest jail or police station.

Within what period must a warrant o arrest #e ser%ed?

here is no time period. ' warrant of arrest is valid until the arrest is effected or until it is lifted. he head of the office to whom thewarrant was delivered must cause it to be e:ecuted within 1* days from its receipt, and the officer to whom it is assigned fore:ecution must make a report to the judge who issued it within 1* days from the e:piration of the period. If he fails to e:ecute it,he should state the reasons therefor.

When is an arrest without warrant lawul?' peace officer or private person may arrest without warrant@

1. >hen in his presence, the person to be arrested has committed, is actually committing, or is about to commit an offensehen an offense has just been committed, and he has probable cause based on personal knowledge of facts and

circumstances that the person to be arrested has committed it< and(. >hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving fina

judgment or is temporarily confined while his case is pending or has escaped while being transferred from one confinement

to another.

A police oicer was chasin" a person who had 'ust committed an oense$ The person went inside a house, so thepolice oicer ollowed$ Inside the house, the police oicer saw dru"s l!in" around$ Can he coniscate the dru"s? Can

he use them as e%idence?

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Bes. he plain view doctrine is applicable in this case because there was a prior valid intrusion, the police officer inadvertentlydiscovered the evidence, he had a right to be there, and the evidence was immediately apparent.

What i the oicer merel! pee3s throu"h the window o the house and sees the dru"s * can he coniscate them? Canhe use them as e%idence?

Ee can confiscate them, without prejudice to his liability for violation of domicile. Ee cannot use them as evidence because thesei;ure cannot be justified under the plain view doctrine, there being no previous valid intrusion.

When should an arrest #e made?

It can be made on any day and at any time of the day and night.

Can an oicer arrest a person a"ainst whom a warrant has #een issued e%en i he does not ha%e the warrant withhim?

Bes, but after the arrest, if the person arrested re-uires, it must be shown to him as soon as practicable.

7ECTI6N 5- >AIL

What is #ail?

ail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee hisappearance before any court as re-uired.

What are the orms o #ail?

ail may be in the form of@

1. corporate surety!. property bond(. cash deposit+. recogni;ance

What is reco"niance?

4ecogni;ance is an obligation of record, entered into before a court or magistrate duly authori;ed to take it, with the condition to dosome particular act, the most usual condition in criminal cases being the appearance of the accused for trial.

When is #ail a matter o ri"ht and when is it a matter o discretion?

In the 2C, it is a matter of right before or after conviction, regardless of the offense.

In the 4C, it is a matter of right before conviction, e:cept for offenses punishable by death, reclusion perpetua, or life sentence andthe evidence of guilt is strong, in which case it is discretionary. 'fter conviction, bail is a matter of discretion regardless of theoffense. he application for bail may be filed and acted upon by the trial court as long as the original record of the case has notbeen transmitted to the appellate court. Eowever, if the decision of the trial court changed the nature of the offense from nonbailable to bailable, the application should be addressed and resolved by the appellate court.

When can the prosecution mo%e or the cancellation or denial o #ail o the accused?

If the penalty imposed by the trial court is imprisonment greater than 0 years, the prosecution may move for denial or cancellationof the bail of the accused, with notice to the accused, upon showing of the following circumstances@

1. hat he is a recidivist, -uasirecidivist, habitual delin-uent, or committed the offense with the aggravating circumstance ofreiteracion.

!. he he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid

justification.(. hat he committed the offense while on probation, parole or conditional pardon+. hat the circumstances of his case indicate the probability of flight if released on bail< or%. hat there is undue risk that he may commit another crime during the pendency of the appeal.

When is a #ail hearin" necessar!?

ail hearing is mandatory when bail is a matter of discretion. It is incumbent upon the prosecution to show that the evidence of guiltis strong. ?ven if the prosecution is absent or refuses to present evidence, the court cannot grant bail without conducting a hearing

he court must first be convinced that the evidence does not warrant the denial of bail.

What is re(uired o the 'ud"e who denies an application or #ail?

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he order should contain a summary of the evidence presented and the reason for the denial, otherwise it shall be void. his is inorder to safeguard the constitutional right to presumption of innocence and also because there is a need for clear grounds before aperson can be denied of his liberty.

I there is a li3elihood that the accused would 'ump #ail, what should the court do?

1. Increase the amount of bail!. 4e-uire periodic reports of the accused to court

(. >arn him that the trial may proceed in absentia

What is a capital oense?' capital offense is an offense which, under the law e:isting at the time of its commission and of the application for admission to bail,may be punished with death.

What are the duties o the trial 'ud"e in case an application or #ail is iled?

1. $otify the prosecutor of the hearing or re-uire him to submit his recommendation!. Conduct a hearing(. 3ecide whether the evidence of guilt is strong based on the summary of evidence of the prosecution+. If the guilt of the accused is not strong, discharge the accused upon the approval of the bailbond. If evidence of guilt is

strong, the petition should be denied.

What are the "uidelines in settin" the amount o #ail?

1. inancial ability of the accused

!. $ature and circumstances of the offense(. enalty for the offense+. Character and reputation of the accused%. 'ge and health of the accused0. >eight of evidence against the accused8. robability of the accused appearing at the trial&. orfeiture of other bail). he fact that he was a fugitive from the law when arrested1*. endency of other cases where the accused is on bail

Where should #ail #e iled?

It may be filed with the court where the case is pending. In the absence of the judge thereof, bail may be filed with any 4C or 2Cjudge in the province, city, or municipality. If the accused is arrested in a province, city, or municipality other than where the case is

pending, bail may also be filed with and 4C of said place, or if no judge is available, with any 2C judge therein.

ut where bail is a matter of discretion or where the accused seeks to be released on recogni;ance, bail may only be filed in thecourt where the case is pending.

'ny person in custody who is not yet charged may apply for bail with any court in the province, city or municipality where he is held.

What is the remed! o the accused i he is denied #ail?

Ee should file a special civil action in the C', not the SC within 0* days.

&oes an application or #ail #ar the accused rom (uestionin" the %alidit! or his arrest, the %alidit! o the warrant, orthe manner o conductin" the preliminar! in%esti"ation?

$o, provided that he raises these -uestions before plea.

R4LE 55< RIHT7 6/ THE ACC47E&

What are the ri"hts o the accused in criminal prosecutions?

1. o be presumed innocent until the contrary is proved beyond reasonable doubt

judgmenthat is important is that there was an opportunityto be heard. $otice and hearing are the minimum re-uirements of due process.

In "eneral, what are the re(uirements o procedural due process?

1. here must be an impartial and competent court with judicial power to hear and determine the matter before it

In criminal cases, what are the re(uirements o procedural due process?

he re-uirements in criminal cases are more stringent. hey are@

1. he accused must have been heard by a court of competent jurisdiction

(. Ee may be punished only after in-uiry and investigationhere the complainant is about to depart from the hilippines with no definite date of return, the accused should bearraigned without delay and his trial should commence within ( days from arraignment.

!. he trial of cases under the Child 'buse 'ct re-uires that the trial should be commenced within ( days from arraignment.(. >hen the accused is under preventive detention, his case shall be raffled and its records transmitted to the judge to whom

the case was raffled within ( days from the filing of the information or complaint. he accused shall be arraigned within 1*days from the date of the raffle.

Can the law!er o the accused enter a plea or him?

$o. he accused must personally enter his plea.

What is the importance o arrai"nment?

'rraignment is the means for bringing the accused into court and informing him of the nature and cause of the accusation againsthim. 3uring arraignment, he is made fully aware of possible loss of freedom or life. Ee is informed why the prosecuting arm of theState is mobili;ed against him. It is necessary in order to fi: the identity of the accused, to inform him of the charge, and to givehim an opportunity to plead.

&urin" the arrai"nment, is the 'ud"e dut!@#ound to point out that an inormation is duplicitous?

$o. he judge has no obligation to point out the duplicitousness or any other defect in an information during arraignment. heobligation to move to -uash a defective information belongs to the accused, whose failure to do so constitutes a waiver of the righto object.

2 was tried or murder without ha%in" #een arrai"ned$ At the trial, 2Ds counsel presented witnesses and cross@e)amined the prosecution witnesses$ It was onl! ater the case was su#mitted or decision that 2 was arrai"ned$ 2was con%icted$ Can 2 in%o3e the ailure o the court to arrai"n him #eore trial as a "round or (uestionin" the

con%iction?

$o. he failure of the court to arraign D before trial was conducted did not prejudice the rights of D since he was able to present

evidence and crosse:amine the witnesses of the prosecution. he error was cured by the subse-uent arraignment.

Is the accused presumed to ha%e #een arrai"ned in the a#sence o proo to the contrar!?

Bes. In view of the presumption of regularity in the performance of official duties, it can be presumed that a person accused of acrime was arraigned, in the absence of proof to the contrary. Eowever, the presumption of regularity is not applied when thepenalty imposed is death. >hen the life of a person is at stake, the court cannot presume that there was an arraignment< it has tobe sure that there was one.

Is the accused entitled to 3now in ad%ance the names o all o the prosecution witnesses?

$o. he success of the prosecution might be endangered if this right were granted to the accused. he witnesses might besubjected to pressure or coercion. he right time for the accused to know their identities is when they take the witness stand.

Can the prosecution call witnesses that are not listed in the inormation?

Bes. he prosecution may call at the trial witnesses other than those named in the complaint or information.

2 was char"ed with homicide$ He entered a plea o "uilt!$ He was later allowed to testi! in order to pro%e themiti"atin" circumstance o incomplete sel@deense$ At the trial, he presented e%idence to pro%e that he acted incomplete sel@deense$ The court ac(uitted him$ Later, 2 was a"ain char"ed with ph!sical in'uries$ 2 in%o3ed dou#le'eopard!$ Can 2 #e prosecuted a"ain or ph!sical in'uries?Bes. here was no double jeopardy. In order for double jeopardy to attach, there must have been a valid plea to the first offenseIn this case, the presentation by D of evidence to prove complete selfdefense had the effect of vacating his plea of guilt. >hen theplea of guilt was vacated, the court should have ordered him to plead again, or at least should have directed that a new plea of notguilty be entered for him. ecause the court did not do this, at the time of the ac-uittal, there was actually no standing plea for D

Since there was no valid plea, there can be no double jeopardy.

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Can a person who pleaded "uilt! still #e ac(uitted?

Bes. >hen an accused pleads guilty, it does not necessarily follow that he will be convicted. 'dditional evidence independent of theguilty plea may be considered by the judge to ensure that the plea of guilt was intelligently made. he totality of evidence shoulddetermine whether the accused should be convicted or ac-uitted.

When can the accused plead "uilt! to a lesser oense?

't arraignment, the accused may plead guilty to a lesser offense which is necessarily included in the offense charged, provided thatthe offended party and the prosecutor give their consent.

'fter arraignment G ?#4? 4I'L, the accused may still be allowed to plead guilty to a lesser offense, after he withdraws hisplea of not guilty. In such a case, the complaint or information need not be amended.

>hen the penalty imposable for the offense is at least 0 years and 1 day or a fine e:ceeding 1!,***, the prosecutor must firstsubmit his recommendation to the City or rovincial rosecutor or to the Chief State rosecutor for approval. If the recommendationis approved, the trial prosecutor may then consent to the plea of guilty to a lesser offense.

What should the court do when the accused pleads "uilt! to a capital oense?

he court should@

1. conduct a searching in-uiry into the voluntariness and full comprehension of the conse-uences of the plea.!. re-uire the prosecution to present evidence to prove the guilt and the precise degree of culpability of the accused for the

purpose of imposing the proper penalty.(. ask the accused if he desires to present evidence in his behalf and allow him to do so if he desires.

&oes a plea o "uilt! mean an admission e%en o the a""ra%atin" circumstances?

Bes. ' plea of guilty results in the admission of all the material facts in the complaint or information, including the aggravatingcircumstances. ecause of this, the court should only accept a clear, definite, and unconditional plea of guilty.

When can the plea o "uilt! #e considered a miti"atin" circumstance?

It is mitigating if made before the prosecution starts to present evidence.

What is the meanin" o the dut! o the 'ud"e to conduct a 0searchin" in(uir!1?

In all cases, the judge must convince himself@ 617 that the accused is entering the plea of guilty voluntarily and intelligently< and 6!7that he is truly guilty and that there e:ists a rational basis for a finding of guilt based on his testimony.

In addition, the judge must inform the accused of the e:act length of imprisonment and the certainty that he will serve it at thenational penitentiary or a penal colony. he judge must dispel any false notion that the accused may have that he will get off lightlybecause of his plea of guilt.

Is it mandator! or the prosecution to present proo o a""ra%atin" circumstances?

Bes. It is mandatory in order to establish the precise degree of culpability and the imposable penalty. #therwise, there is animprovident plea of guilty.

Can a court %alidl! con%ict an accused #ased on an impro%ident plea o "uilt!?

Bes. If there is ade-uate evidence of the guilt of the accused independent of the improvident plea of guilty, the court may stilconvict the accused. he conviction will be set aside only if the plea of guilt is the sole basis of the judgment.

What should the court do when the accused pleads "uilt! to a non@capital oense?

he court may receive evidence from the parties to determine the penalty to be imposed. Gnlike in a plea of guilty to a capitaoffense, the reception of evidence in this case is not mandatory. It is merely discretionary on the court.

When can the %alidit! o a plea o "uilt! #e attac3ed?

"enerally, a plea of guilty cannot be attacked if it is made voluntarily and intelligently. It can only be attacked if it was induced bythreats, misrepresentation, or bribes. >hen the consensual character of the plea is called into -uestion or when it is shown that thedefendant was not fully apprised of its conse-uences, the plea can be challenged.

Can an impro%ident plea o "uilt! #e withdrawn as a matter o ri"ht?

$o. he withdrawal of the plea of guilty is not a matter of strict right to the accused but is within the discretion of the court. hereason for this is that trial has already commenced< withdrawal of the plea will change the theory of the case and will put all of thepast proceedings to waste. herefore, it may only be withdrawn with permission of the court.

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2oreover, there is a presumption that the plea was made voluntarily. he court must decide whether the consent of the accusedwas, in fact, vitiated when he entered his plea.

2 is char"ed with homicide$ He pleads "uilt!, #ut tells the 'ud"e 0hindi 3o sinasad!a$1 Is his plea %alid?

$o. In order to be valid, the plea of guilty must be unconditional. In this case, when D said hindi ko sinasadya,J he made a-ualified plea of guilty. his is not a valid plea of guilty. ' plea of not guilty should be entered instead.

When a deendant appears without an attorne! durin" arrai"nment, what should the court do?

he court has a fourfold duty@

1. It must inform the defendant that he has a right to an attorney before being arraigned

What is the purpose o a #ill o particulars?

It is to allow the accused to prepare for his defense.

When can the accused mo%e or a #ill o particulars?

he accused must move for a bill of particulars before arraignment. #therwise, the right is deemed waived.

What should #e contained in the motion or a #ill or particulars?

It should specify the alleged defects of the complaint or information and the details desired.

What is the ri"ht to modes o disco%er!?

It is the right of the accused to move for the production or inspection or material evidence in the possession of the prosecution. Itauthori;es the defense to inspect, copy, or photograph any evidence of the prosecution in its possession after obtaining permissionof the court.

What is the purpose o this ri"ht?

he purpose is to prevent surprise to the accused and the suppression or alteration of evidence.

Is this ri"ht a%aila#le durin" preliminar! in%esti"ation?

Bes, when indispensable to protect his constitutional right to life, liberty, and property. 6>ebb v. de Leon7

What are the "rounds or suspendin" arrai"nment?

1. If the accused appears to be suffering from an unsound mental condition, which renders him unable to fully understand thecharge against him and to plead intelligently thereto. he court should order his mental e:amination and his confinement, inecessary.

!. If there e:ists a prejudicial -uestion.

(. If a petition for review of the resolution of the prosecutor is pending either at the 3#/ or the #ffice of the residentEowever, the period of suspension shall not e:ceed 0* days counted from the filing of the petition for review.

What is the test to determine whether the insanit! o the accused should warrant the suspension o the proceedin"s?

he test is whether the accused will have a fair trial with the assistance of counsel, in spite of his insanity. $ot every aberration ofthe mind or e:hibition of mental deficiency is sufficient to justify suspension.

R4LE 55= M6TI6N T6 4A7H

When can the accused ile a motion to (uash?

't any time before entering his plea, the accused may move to -uash the complaint or information.

What is the orm re(uired or a motion to (uash?

1. It must be in writing.!. It must be signed by the accused or his counsel.(. It must specify its factual and legal grounds.

Can the court dismiss the case #ased on "rounds that are not alle"ed in the motion to (uash?

's a general rule, no. he court cannot consider any ground other than those stated in the motion to -uash. he e:ception is lackof jurisdiction over the offense charged. If this is the ground for dismissing the case, it need not be alleged in the motion to -uashsince it goes into the very competence of the court to pass upon the case.

What are the "rounds that the accused ma! in%o3e to (uash a complaint or inormation?

1. hat the facts charged do not constitute an offense

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+. hat the officer who filed the information had no authority to do so+. absolute pardonhen an act is punished by a law and an ordinance, conviction or ac-uittal under either shall constitute a bar to anotheprosecution for thesame act.

What are the re(uisites or the accused to raise the deense o dou#le 'eopard!?

o raise the defense of double jeopardy, the following re-uisites must be present@

1. a first jeoparymust have attached prior to the second

offense charged in the first information, or is an attemptor a frustrationthereof.

What are the re(uisites or the irst 'eopard! to attach?

1. 5alid complaint or information

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!. Court of competent jurisdiction(. 'rraignment+. 5alid plea%. he defendant was ac-uitted, convicted, or the case was dismissed without his e:press consent.

A crime was committed in Ma3ati$ The case was iled in Pasa!$ When the prosecution realied that the complaintshould ha%e #een iled in Ma3ati, it iled the case in Ma3ati$ Can the accused in%o3e dou#le 'eopard!?

$o. he court in asay had no jurisdiction< therefore, the accused was in no danger of being placed in jeopardy. he first jeopardydid not validly attach.

/or purposes o dou#le 'eopard!, when is a complaint or inormation %alid?

' complaint or information is valid if it can support a judgment of conviction. It the complaint or information is not valid, it wouldviolate the right of the accused to be informed of the nature and cause of the accusation against him. If he is convicted under thiscomplaint or information, the conviction is null and void. If the conviction is null and void, there can be no first jeopardy.

2 was char"ed with (ualiied thet$ 2 mo%ed to dismiss on the "round o insuicienc! o the inormation$ The casewas dismissed$ 7u#se(uentl!, the prosecution iled a corrected inormation$ Can 2 plead dou#le 'eopard!?

$o. he first jeopardy did not attach because the first information was not valid.

2 was char"ed with thet$ &urin" the trial, the prosecution was a#le to pro%e estaa$ 2 was ac(uitted o thet$ Can 2#e prosecuted or estaa later without placin" him in dou#le 'eopard!?

Bes. or jeopardy to attach, the basis is the crime charged in the complaint or information, and not the one proved at the trial. In

this case, the crime charged in the first information was theft. D was therefore placed in jeopardy of being convicted of theft. Sinceestafa is not an offense which is included or necessarily includes theft, D can still be prosecuted for estafa without placing him indouble jeopardy.

The estaa case a"ainst 2 was dismissed, #ut the dismissal contained a reser%ation o the ri"ht to ile another actionCan another estaa case #e iled a"ainst 2 without placin" him in dou#le 'eopard!?

Bes. o raise the defense of double jeopardy, the firs jeopardy must have been validly terminated. his means that there must

have been either a conviction or an ac-uittal, or an unconditional dismissal of the case. ' provisional dismissal, such as this onedoes not validly terminate the first jeopardy.

$ote, however, that in the second kind of jeopardy 6one act punished by a law and an ordinance7, the first jeopardy can only beterminated either by conviction or ac-uittal, and not by dismissal of the case without the e:press consent of the accused.

2 was char"ed with thet$ 6n the da! o the trial, the prosecution could not "o to trial #ecause important witnesseswere una#le to appear$ Counsel or the accused mo%ed to dismiss the case$ The court dismissed the casepro%isionall!$ 7u#se(uentl!, 2 was char"ed with thet a"ain$ Can 2 in%o3e dou#le 'eopard!?

$o. he case was dismissed upon motion of counsel for the accused, so it was not dismissed without his e:press consent2oreover, the dismissal was only provisional, which is not a valid termination of the first jeopardy. In order to validly terminate thefirst jeopardy, the dismissal must have been unconditional.

2 was char"ed with sli"ht ph!sical in'uries$ 6n his motion, the case was dismissed durin" the trial$ Another case orassault upon a person in authorit! was iled a"ainst him$ Can 2 in%o3e dou#le 'eopard!?

$o. he first jeopardy was not terminated through either conviction, ac-uittal, or dismissal without the e:press consent of D. hefirst case was dismissed upon motion of D himself. herefore, he cannot invoke double jeopardy.

2 was char"ed with thet$ &urin" trial, the e%idence showed that the oense committed was actuall! estaa$ Whatshould the 'ud"e do?

he judge should order the substitution of the complaint for theft with a new one charging estafa. Gpon filing of the substitutedcomplaint, the judge should dismiss the original complaint.

If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss theoriginal complaint or information upon the filing of a new one charging the proper offense.

What are the re(uisites or a %alid su#stitution o a complaint or inormation?

1. $o judgment has been renderedeore the prosecution could inish presentin" its e%idence, the accused iled a demurrer to e%idence$ The court"ranted the motion and dismissed the case on the "round o insuicienc! o e%idence o the prosecution$ Can theaccused #e prosecuted or the same oense a"ain?

Bes. here was no double jeopardy because the court e:ceeded its jurisdiction in dismissing the case even before the prosecutioncould finish presenting evidence. It denied the prosecution of its right to due process. ecause of this, the dismissal is null and voidand cannot constitute a proper basis for a claim of double jeopardy.

The prosecutor iled an inormation a"ainst 2 or homicide$ >eore 2 could #e arrai"ned, the prosecutor withdrew theinormation, without notice to 2$ The prosecutor then iled an inormation a"ainst 2 or murder$ Can 2 in%o3e dou#le'eopard!?

$o. D has not yet been arraigned under the first information. herefore, the first jeopardy did not attach. ' nolle pose+uiodismissal entered before the accused is placed on trial and before he pleads is not e-uivalent to an ac-uittal and does not bar a

subse-uent prosecution for the same offense.

I the accused ails to o#'ect to the motion to dismiss the case iled #! the prosecution, is he deemed to ha%econsented to the dismissal? Can he still in%o3e dou#le 'eopard!?

$o. Silence does not mean consent to the dismissal. If the accused fails to object or ac-uiesces to the dismissal of the case, he canstill invoke double jeopardy, since the dismissal was still without his e:press consent. Ee is deemed to have waived his right againstdouble jeopardy if he e:pressly consents to the dismissal.

2 was char"ed with murder$ The prosecution mo%ed to dismiss the case$ Counsel or 2 wrote the words 0Noo#'ection1 at the #ottom o the motion to dismiss and si"ned it$ Can 2 in%o3e dou#le 'eopard! later on?

$o. D is deemed to have e:pressly consented to the dismissal of the case when his counsel wrote $o objection at the bottom of themotion to dismiss. Since the case was dismissed with his e:press consent, D cannot invoke double jeopardy.

2 was char"ed with murder$ Ater the prosecution presented its e%idence, 2 iled a motion to dismiss on the "roundthat the prosecution ailed to pro%e that the crime was committed within the territorial 'urisdiction o the court$ Thecourt dismissed the case$ The prosecution appealed$ Can 2 in%o3e dou#le 'eopard!?

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$o. D cannot invoke double jeopardy. he dismissal was upon his own motion, so it was with his e:press consent. Since thedismissal was with his e:press consent, he is deemed to have waived his right against double jeopardy. he only time when adismissal, even upon motion of the accuse, will bar a second jeopardy is if it is based either on insufficiency of evidence or denial of

the right of the accused to speedy trial. hese are not the grounds invoked by D, so he cannot claim double jeopardy.

2 was char"ed with homicide$ 2 mo%ed to dismiss on the "round that the court had no 'urisdiction$ >elie%in" that ithad no 'urisdiction, the 'ud"e dismissed the case$ 7ince the court, in act, had 'urisdiction o%er the case, the

prosecution iled another case in the same court$ Can 2 in%o3e dou#le 'eopard!?

$o. D is estopped from claiming that he was in danger of being convicted during the first case, since he had himself earlier allegedthat the court had no jurisdiction.

2 was char"ed with homicide$ The court, #elie%in" that it had no 'urisdiction, motu propio dismissed the case$ Theprosecution appealed, claimin" that the court, in act, had 'urisdiction$ Can 2 in%o3e dou#le 'eopard!?

Bes. >hen the trial court has jurisdiction but mistakenly dismisses the complaint or information on the ground of lack of it, and thedismissal was not at the re-uest of the accused, the dismissal is not appealable because it will place the accused in double jeopardy.

2 was char"ed with rape$ 2 mo%ed to dismiss on the "round that the complaint was insuicient #ecause it did notalle"e lewd desi"ns$ The court dismissed the case$ Later, another case or rape was iled a"ainst 2$ Can 2 in%o3edou#le 'eopard!?

$o. Like the previous problem, D is estopped from claiming that he could have been convicted under the first complaint. Ee himselmoved to dismiss on the ground that the complaint was insufficient. Ee cannot change his position and now claim that he was indanger of being convicted under that complaint.

2 was char"ed with murder, alon" with three other people$ 2 was dischar"ed as a state witness$ Can 2 #eprosecuted a"ain or the same oense?

It depends. 's a general rule, an order discharging an accused as a state witness amounts to an ac-uittal, and he is barred frombeing prosecuted again for the same offense. Eowever, if he fails or refuses to testify against his coaccused in accordance with hissworn statement constituting the basis for the discharge, he can be prosecuted again.

Can a person accused o estaa #e char"ed with %iolation o >P:: without placin" him in dou#le 'eopard!?

Bes. >here two different laws define two crimes, prior jeopardy as to one of the is no obstacle to a prosecution of the otheralthough both offenses arise from the same facts, if each crime involves some important act which is not an essential element of theother. #ther e:amples@ Illegal recruitment and estafa, illegal fishing and illegal possession of e:plosives, alarm and scandal andillegal discharge of firearms, brigandage and illegal possession of firearms, consented abduction and -ualified seduction.

ut take note of the following@

ossession of a shotgun and a revolver by the same person at the same time is only one act of possession, so there is only oneviolation of the law.

Conviction for smoking opium bars prosecution for illegal possession of the pipe. Ee cannot smoke the opium without the pipe.

heft of 1( cows at the same time and in the same place is only one act of theft.

Conviction for less serious physical injuries bars prosecution for assault upon a person in authority.

4eckless imprudence resulting in damage to property and serious or less serious physical injuries is only one offense. If it is slightphysical injuries, it can be broken down into two offenses, since a light offense cannot be comple:ed.

2 installed a 'umper ca#le which allowed him to reduce his electricit! #ill$ He was prosecuted or %iolatin" amunicipal ordinance a"ainst unauthoried installation o the de%ice$ He was con%icted$ Can he still #e prosecuted or

thet?

$o. Gnder the second type of jeopardy, when an act is punished by a law and an ordinance, conviction or ac-uittal under once wilbar a prosecution under the other. 6-ut emembe& that thee has to be eithe con!iction o ac+uittal. Dismissal without theexpess consent of the accused is not sufficient#.

What are the e)ceptions to dou#le 'eopard!? When can the accused #e char"ed with a second oense whichnecessaril! includes the oense char"ed in the ormer complaint or inormation?

he conviction of the accused shall not be a bar to another prosecution for an offense which necessarily includes the offense chargedin the former complaint or information under any of the following circumstances@

1. the graver offense developed due to supervenin" factsarising from the same act or omission constituting the formechargehat was elevated on appeal was the ci!ilaspect of the case, not the criminal aspect. hee:tinction of criminal liability whether by prescription or by the bar of double jeopardy does not carry with it the e:tinction of civiliability arising from the offense charged.

2 was char"ed with murder and was ac(uitted$ Can the prosecution appeal the ac(uittal?

$o. he prosecution cannot appeal the ac-uittal, since it would place the accused in double jeopardy.

?ven if the decision of ac-uittal was erroneous, the prosecution still cannot appeal the decision. It would still place the accused indouble jeopardy.

When can the prosecution appeal despite the dismissal or termination o the case?

's a general rule, the dismissal or termination of the case after arraignment and plea of the defendant to a valid information shall be

a bar to another prosecution for the same offense, an attempt or frustration thereof, or one included or which includes the previousoffense. he e:ceptions are@

1. if the dismissal of the first case was made upon motion or with the e:press consent of the defendant, unless the groundsare insufficiency of evidence or denial of the right to speedy trial

other heinous crimes@ trial shall be finished within 0* days from the first day of trial.

What are the periods that should #e e&clue in computin" the time within which trial must commence?1. 'ny period of delay resulting from other proceein"s concernin" the accuse!. 'ny period resulting from the a#sence or unavaila#ility of an essential %itness.

(. 'ny period of delay resulting from mental incompetence or physical ina#ilityof the accused to stand trial.+. If the information is dismissed upon motion of the prosecution and thereafter a charge is filed against the accused for the

same offense, any period of delay from the date the charge was dismissed to the date the time limitation would commenceto run as to the subse-uent charge, had there been no previous charge. 6 say what"7

%. ' reasonable period of delay when the accused is joine for trial %ith a co'accuse over %hom the court has notacuire jurisiction, or as to whom the time for trial has not run an not motion for separate trial has #een"rante.

0. 'ny period of delay from a continuancegranted by any court motu propio, or on motion of either the accused or hiscounsel, or the prosecution, if the court granted it on the basis of finding that the ends of justice served by taking suchaction outweigh the best interest of the public and the accused in a speedy trial.

What are e)amples o otherproceein"s concernin" the accusewhich should #e e)cluded rom the computation otime?

1. 3elay resulting from an e&amination of the physical an mental conition of the accuse!!. 3elay resulting from proceedings with respect to other criminal char"esagainst the accusedhen the person having custody of the prisoner receives from the public attorney a properly supported re-uest for the

availability of the prisoner for purposes of the trial, the prisoner shall be made available accordingly.

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I the accused is not #rou"ht to trial within the time limit re(uired, what is the remed!?

he accused should move to dismiss the information of the ground of denial of his right to speedy trial. Ee shall have the burden oproving the motion, but the prosecution shall have the burden or proving that the delay was covered by the allowed e:clusions oftime. If the complaint or information is dismissed, the accused can plead double jeopardy to a subse-uent prosecution.

he accused must move to dismiss before actually going to trial. #therwise, it is a waiver of the right to dismiss.

What is the order o trial?

he trial proceeds in the following order@

1. he prosecution shall present evidence to prove the charge and civil liability, if proper.!. the accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisiona

remedy in the case.(. he prosecution and the defense may, in that order, present rebuttal and surrebuttal evidence, unless the court, in

furtherance of justice, permits them to present additional evidence bearing upon the main issue.+. Gpon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs

them to argue orally or to submit written memoranda.

Eowever, when the accused admits the act or omission charged in the complaint or information, but interposes a lawful defensethere will be a reverse trial.

&istin"uish #etween a ne"ati%e deense and an airmati%e deense$

' negative defense re-uires the prosecution to prove the guilt of the accused beyond reasonable doubt. In a negative defense, the

accused claims that one of the elements of the offense charged is not present. It is incumbent upon the prosecution to prove thee:istence of this element. or e:ample, in illegal possession of firearms, the accused may interpose the negative defense that he

had a license to carry the firearm. Ee cannot be compelled by the prosecution to present the license. It is the duty of theprosecution to prove the absence of the license, which is an essential element of the offense charged.

#n the other hand, in an affirmative defense, the accused admits the act or omission charged, but interposes a defense, which ifproven, would e:culpate him. or e:ample, the accused admits killing the victim, but he claims that he did it in selfdefense. In thiscase, the burden of proving the elements of selfdefense belong to the accused. here will be a reverse trial in which the accused

will prove the elements of selfdefense. his is because the accused admits the act or omission already. he prosecution need noprove it anymore. he accused must now present evidence to justify the commission of the act.

Who ma! e)amine a efense %itness* Who ma! e)amine aprosecution %itness*

' defense witness may be e:amined by any ju"eor by any mem#er of the #ar in "oo stanin"designated by the judge, obefore an inferior court.

#n the other hand, a prosecution witness may only be e:amined before theju"e of the court %here the case is penin".

I there are two or more accused, should the! #e tried 'ointl! or separatel!?

's a general rule, when two or more accused are jointly charged with an offense, they should also be tried jointly. Eowever, thecourt, in its discretion and upon motion of the prosecutor or any accuse, may order separate trial for one of the accused.

What happens to the e%idence presented in the trial o the other accused i a separate trial is "ranted?

>hen a separate trial is demanded and granted, it is the duty of the prosecution to repeat and produce all its evidence at each andevery trial, unless it had been agreed by the parties that the evidence for the prosecution would not have to be repeated at thesecond trial and all the accused had been present during the presentation of the evidence of the prosecution and their attorney hadthe opportunity to crosse:amine the witnesses for the prosecution.

2, a pu#lic oicer, was char"ed with mal%ersation o pu#lic unds in conspirac! with Y, a ci%ilian$ 7hould the! #oth #etried in the 7andi"an#a!an?

Bes. In case private individuals are charged as coprincipals, accomplices, or accessories with public officers, they shall be tried

jointly with said public officers in the proper courts which shall e:ercise e:clusive jurisdiction over them.

What is a state witness?

' state witness is one of t%o or more persons jointly char"e %ith the commission of a crime but who is discharged with hisconsent as such accused so that he may be a witness for the State.

When should the application or dischar"e o the state witness #e made?

It should be made upon motion of the prosecution before resting its case.

What is the procedure?

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1. efore resting its case, the prosecution should file a motion to discharge the accused as state witness with his consent.

!. he court will re-uire the prosecution to present evidence and the sworn statement of the proposed state witness at a

hearing in order to support the discharge.

(. he court will determine if the re-uisites of giving the discharge are present. ?vidence adduced in support of the dischargeshall automatically form part of the trial.

+. If the court is satisfied, it will discharge the state witness. he discharge is e-uivalent to an ac-uittal, unless the witness

later fails or refuses to testify.

%. If the court denies the motion for discharge, his sworn statement shall be inadmissible as evidence.

What are the re(uisites in order or a person to #e dischar"ed as a state witness?

1. here is a#solute necessityfor the testimony of the accused whose discharge is re-uested

said accused

$o. ' judgment promulgated by a judge other than the one who heard the case is valid, provided that the judge who rendered thejudgment relied on the records taken during the trial as a basis for his decision.

Wh! should the decision #e in writin", settin" ort the acts and the law on which it is #ased?

1. o inform the parties of the reason for the decision so if any of them appeals, he can point out to the appellate court thefindings of facts or the rulings on point of law with which he disagrees. 'lso, so that the appellate court will have something

to pass judgment upon.!. o assure the parties that in reaching the judgment, the judge did so through the process of legal reasoning.

Is a %er#al 'ud"ment %alid?

$o. ' verbal judgment is incomplete because it does not contain findings of fact, and it is not signed by the judge. It may,however, be corrected by putting it in writing and following the prescribed form. >hen it is put in writing, it becomes a full blown

judgment.

Is an erroneous 'ud"ment %alid?

Bes. ?rror in judgment will not invalidate a decision, so long as it conforms with the re-uirements of the law.

Is a 'ud"ment which imposes a penalt! that does not e)ist or one that is impossi#le %alid?

he judgment is void. he error goes into the very essence of the penalty and does not merely arise from the misapplicationthereof.

&oes the 'ud"e need to desi"nate the particular pro%ision o law %iolated?

If possible, he should. ut if he fails to do so, the judgment is not void, as long as his conclusions are based on some provision oflaw.

Can the 'ud"e impose a penalt! o reclusion perpetuaor a ine o P5.,...?

$o. he judge cannot impose alternative penalties 6using #47. he penalty imposed must be definite. >hen the judge imposesalternative penalties, giving the defendant the right to choose which one to serve, he gives discretion belonging to the court to theaccused.

Can the 'ud"e impose a penalt! o reclusion perpetuaand a ine o P5.,...?

Bes, because in this case, the penalty is definite 6it uses '$3 instead of #47.

What is the importance o usin" the proper terminolo"! in the imposition o imprisonment penalties?

he judge should use the proper legal terminology of the penalties since each penalty has its distinct accessory penalties and effects.

What is the remed! o the oended part! i the 'ud"ment ails to award ci%il lia#ilit!?

he offended party can appeal, go on certiorari, or file for mandamus.

What constitutes ci%il lia#ilit! arisin" rom crime?

Civil liability arising from crime includes actual damages, moral damages, e:emplary damages, and loss of earning capacity.

When ma! attorne!Ds ees #e awarded?

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'ttorneyFs fees may be awarded only when a separate civil action to recover civil liability has been filed or when e:emplary damagesare awarded. he reason for this is that there is no attorney in a criminal case, only a public prosecutor, who is compensated by thegovernment.

What is the dierence #etween 0dama"e1 and 0dama"es1?

3amage refers to the actionable loss resulting from another personFs act or omission.

#n the other hand, damages refer to the sum of money which can be awarded for the damage done.

When are e)emplar! dama"es awarded?

1. In criminal actions, when the crime was committed with one or more aggravating circumstances.!. In -uasidelicts, if the defendant acted with gross negligence.(. In contracts and -uasicontracts, if the defendant acted in a wanton, fraudulent, reckless, oppressive, or malevolent

manner.

What are the mandator! awards in case o rape cases?

In rape cases, a civil indemnity of %*,*** is mandatory. 'n award of moral damages is also mandatory without need or pleading orproof.

If it is -ualified rape, the mandatory civil indemnity is 8%,***.

What should the oended part! pro%e do i he wants to claim actual dama"es or loss o earnin" capacit!?

he offended party must show proof of the amount of the pecuniary loss, such as receipts. Eowever, if death results from the crimeor the -uasidelict, the heirs need only to prove the fact of death in ord

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