remedial law- crim pro
TRANSCRIPT
-
7/29/2019 Remedial Law- Crim Pro
1/345
1
RULE 115 RIGHTS OF THEACCUSED
What are the rights of theaccused in criminal
prosecutions?
1. To be presumed innocentuntil the contrary is proved
beyond reasonable doubt;2. To be informed of the natureand cause of the accusation
against him;3. To be present and defend inperson and by counsel at everystage of the proceedings, from
-
7/29/2019 Remedial Law- Crim Pro
2/345
2
arraignment to promulgationof judgment;
4. To testify as a witness in hisown behalf but subject tocross-examination on matters
covered by direct examination;5. To be exempt from beingcompelled to be a witnessagainst himself;
6. To confront and cross-examine the witnesses againsthim at the trial;
7.
To have compulsory processissued to secure theattendance of witnesses and
-
7/29/2019 Remedial Law- Crim Pro
3/345
3
production of other evidence inhis behalf;
8. To have a speedy, impartial,and public trial;
9. To appeal in all casesallowed and in the mannerprescribed by law.
Due Process
What are the two aspectsof the right to due process?
1. Substantive due process this refers to the intrinsicvalidity of the law
-
7/29/2019 Remedial Law- Crim Pro
4/345
4
2. Procedural due process one that hears before it
condemns, proceeds uponinquiry, and renders judgmentonly after trial and based on
the evidence presentedtherein.
Is it necessary to havetrial-type proceedings inorder to satisfy therequirement of due process?
No. There is no need for trial-type proceedings in order tosatisfy due process. What is
-
7/29/2019 Remedial Law- Crim Pro
5/345
5
important is that there was anopportunity to be heard. Notice
and hearing are the minimumrequirements of due process.
In general, what are therequirements of procedural
due process?
1. There must be an impartialand competent court with
judicial power to hear and
determine the matter before it;2. Jurisdiction must be lawfullyacquired over the person of the
-
7/29/2019 Remedial Law- Crim Pro
6/345
6
defendant or over the propertysubject of the proceeding;
3. The defendant must be givenan opportunity to be heard;
4. Judgment must be renderedupon lawful hearing.
In criminal cases, what arethe requirements of
procedural due process?
The requirements in criminal
cases are more stringent. Theyare:
-
7/29/2019 Remedial Law- Crim Pro
7/345
7
1. The accused must havebeen heard by a court of
competent jurisdiction;2. He must have beenproceeded against under
orderly processes of the law;3. He may be punished onlyafter inquiry and investigation;
4. There must be notice to theaccused;
5. The accused must be givenan opportunity to be heard;
6.
Judgment must be renderedwithin the authority of aconstitutional law.
-
7/29/2019 Remedial Law- Crim Pro
8/345
8
Presumption of Innocence
What is the meaning of theright of presumption ofinnocence?
The right means that thepresumption must be overcomeby evidence of guilt beyond
reasonable doubt. Guilt beyondreasonable doubt means thatthere is moral certainty as to the
guilt of the accused. Convictionshould be based on the strengthof the prosecution and not on theweakness of the defense. The
-
7/29/2019 Remedial Law- Crim Pro
9/345
9
significance of this is thataccusation is not synonymous
with guilt.
What are the exceptions tothe constitutionalpresumption of innocence?
1. Presumptions If there is areasonable connection betweenthe fact presumed and the factultimately proven from such
fact
Examples:
-
7/29/2019 Remedial Law- Crim Pro
10/345
10
a. When an accountablepublic officer fails to account
for funds or property thatshould be in his custody, heis presumed to be guilty of
malversation;b. Persons in possession ofrecently stolen goods arepresumed guilty of the
offense in connection withthe goods.
2.
Self-Defense One whoinvokes self-defense ispresumed guilty. The burdenof proving the elements of self-
-
7/29/2019 Remedial Law- Crim Pro
11/345
11
defense (unlawful aggression,reasonable necessity of the
means used to prevent or repelit; lack of sufficient provocationon the part of the one
defending himself) belongs tothe accused.
What is a reverse trial?
Usually, the prosecution presentsits evidence to establish the guilt
of the accused first. But areverse trial happens if theaccused admits the killing butclaims self-defense. He must first
-
7/29/2019 Remedial Law- Crim Pro
12/345
12
establish the elements of self-defense in order to overturn the
presumption that he was guilty ofthe offense.
Right to be present at thetrial
What are the requisites ofa valid trial in absentia?
1. The accused has alreadybeen arraigned;2. He has been duly notified ofthe trial
-
7/29/2019 Remedial Law- Crim Pro
13/345
13
3. His failure to appear at thetrial is unjustifiable.
Can the right to be presentat the trial be waived?
Yes, except in the followingsituations, where the presence ofthe accused at the trial is
required:
1.Arraignment;2.
During promulgation ofjudgment, except if it is for a
light offense;
-
7/29/2019 Remedial Law- Crim Pro
14/345
14
3. When the presence of theaccused at the trial is
necessary for purposes ofidentification, unless he admitsbeforehand that he is the same
person charged.
Right to Counsel
Is there a differencebetween the right to counselduring custodial investigation
and the right to counselduring the trial?
-
7/29/2019 Remedial Law- Crim Pro
15/345
15
Yes. In custodial investigation,the right to counsel can only be
waived in writing AND with theassistance of counsel. Thecounsel required in custodial
investigation is competent andindependent counsel, preferablyof his own (the suspects) choice.
During the trial, the right tocounsel means the right toeffective counsel.
The requirement is stricter duringcustodial investigation because atrial is done in public, while
-
7/29/2019 Remedial Law- Crim Pro
16/345
16
custodial investigation is not.The danger that confessions will
be extracted against the will ofthe defendant during custodialinvestigation does not really exist
during trial.
During trial the purpose ofcounsel is not so much to protect
him from being forced to confessbut to defend the accused.
Why is the right to counselafforded during trial?
-
7/29/2019 Remedial Law- Crim Pro
17/345
17
The right to counsel is embracedin the right to be heard.
When should the right tocounsel be invoked?
The right to counsel may beinvoked at any stage of theproceedings, even on appeal.
However, it can also be waived.The accused is deemed to havewaived his right to counsel when
he voluntarily submits himself tothe jurisdiction of the Court andproceeds with his defense.
-
7/29/2019 Remedial Law- Crim Pro
18/345
18
But in US v. Escalante andPeople v. Nang Kay (p. 532 of
Herrera Textbook), the Courtheld that the defendant cannotraise the question of his right to
have an attorney for the firsttime on appeal. If the question isnot raised in the trial court, theprosecution may go to trial. The
question will not be considered inthe appellate court for the firsttime when the accused fails to
raise it in the lower court.
-
7/29/2019 Remedial Law- Crim Pro
19/345
19
Is the duty of the court toappoint counsel-de-oficio
mandatory at all times?
No. The duty to appoint counsel-
do-oficio is mandatory only up toarraignment.
Does the mistake ofcounsel bind the client?
As a rule, the mistake of counsel
binds the client. Therefore, theclient cannot question a decisionon the ground that counsel wasan idiot. However, an exception
-
7/29/2019 Remedial Law- Crim Pro
20/345
20
to this is if counselmisrepresents himself as a
lawyer, and he turns out to be afake lawyer. In this case, theaccused is entitled to a new trial
because his right to berepresented by a member of thebar was violated. He was thusdenied of his right to counsel and
to due process.
Is the right to counselabsolute?
No. The right of choice must bereasonably exercised. The
-
7/29/2019 Remedial Law- Crim Pro
21/345
21
accused cannot insist on counselthat he cannot afford, one who is
not a member of the bar, or onewho declines for a valid reason,such as conflict of interest. Also,
the right of the accused tochoose counsel is subject to theright of the state to due processand to speedy and adequate
justice.
When can the accuseddefend himself in person?
The accused can defend himselfin person only if the court is
-
7/29/2019 Remedial Law- Crim Pro
22/345
22
convinced that he can properlyprotect his rights even without
the assistance of counsel.
Right to be a Witness on His
Own Behalf
What is the weight of thetestimony of an accused who
testifies on his own behalfbut refuses to be cross-examined?
The testimony will not be givenweight. It will not have probativevalue because the prosecution
-
7/29/2019 Remedial Law- Crim Pro
23/345
23
was not given a chance to testthe credibility of the testimony
through cross-examination.
Right Against Self-
Incrimination
What is the scope of theright against self-
incrimination?
The right against self-
incrimination covers testimonialcompulsion only and thecompulsion to produceincriminating documents, papers,
-
7/29/2019 Remedial Law- Crim Pro
24/345
24
and chattels. It does not coverthe compulsion to produce real or
physical evidence using the bodyof the accused.
Is there an exception tothe right against self-
incrimination?
The right cannot be invokedwhen the State has the right toinspect documents under its
police power, such as documentsof corporations.
-
7/29/2019 Remedial Law- Crim Pro
25/345
25
What is the rationale forprotecting the right against
self-incrimination?
There are two reasons:
1. For humanitarian reasons:To prevent the State, with allits coercive powers, from
extracting testimony that mayconvict the accused.
2. For practical reasons: Theaccused is likely to commitperjury if he were compelled totestify against himself.
-
7/29/2019 Remedial Law- Crim Pro
26/345
26
Who may invoke the rightagainst self-incrimination,
and when can they invokethe right?
1.An ordinary witness mayinvoke the right, but he may
only do so as eachincriminating question is asked.
2. The accused himself mayinvoke the right, and unlike theordinary witness, he may
altogether refuse to take thewitness stand and refuse toanswer any and all questions.
-
7/29/2019 Remedial Law- Crim Pro
27/345
27
But, once the accused waiveshis right and chooses to testify
in his own behalf, he may becross-examined on matterscovered in his direct
examination. He cannot refuseto answer questions duringcross-examination by claimingthat the answer that he will
give could incriminate him forthe crime with which he wascharged.
However, if the question duringcross-examination relates to acrime different from that with
-
7/29/2019 Remedial Law- Crim Pro
28/345
28
which he was charged, he canstill invoke the right and refuse
to answer.
Can the accused or witnessinvoke the right against self-incrimination if he is askedabout past criminality?
It depends. If he can still beprosecuted for it, questions aboutpast criminal liability are still
covered by the protection of theright against self-incrimination.But if he cannot be prosecuted
-
7/29/2019 Remedial Law- Crim Pro
29/345
29
for it anymore, he cannot invokethe right.
What are the rights of theaccused in the matter of
testifying or producingevidence?
1. Before the case is filed inCourt but after he has beentaken into custody or otherwisedeprived of his liberty
a. the right to be informed ofb. his right to remain silentand to counsel
-
7/29/2019 Remedial Law- Crim Pro
30/345
30
c. the right not to besubjected to force, violence,
threat, intimidation, or anyother means which vitiatefree will
d.
the right to have evidenceobtained in violation of theserights rejected
2.After the case is filed in courta. to refuse to be a witnessb.
not to have any prejudicewhatsoever result to him by
such refusal
-
7/29/2019 Remedial Law- Crim Pro
31/345
31
c. to testify in his ownbehalf subject to cross-
examination by theprosecution
d. while testifying, to refuseto answer a specific questionwhich tends to incriminatehis for some crime otherthan that for which he is
being prosecuted.
What are immunitystatutes?
The immunity statutes areclassified into two use immunity
-
7/29/2019 Remedial Law- Crim Pro
32/345
32
statutes and transactionalimmunity statutes.
Use immunity prohibits the useof a witness compelled
testimony and its fruits in anymanner in connection with thecriminal prosecution of thewitness. (Therefore, the witness
can still be prosecuted, but thecompelled testimony cannot beused against him.)
Transactional immunity grantsimmunity to the witness fromprosecution for an offense to
-
7/29/2019 Remedial Law- Crim Pro
33/345
33
which his compelled testimonyrelates. (Here, the witness cannot
be prosecuted at all.) Examplesare state witnesses and thosewho furnish information about
violations of the Internal RevenueCode, even if they themselvesoffered bribes to the publicofficial.
What is the effect of therefusal of the accused to
refuse to testify in his behalf?
-
7/29/2019 Remedial Law- Crim Pro
34/345
34
As a general rule, the silence ofthe accused should not prejudice
him.
However, in the following cases,
an unfavorable inference isdrawn from the failure of theaccused to testify:
1. If the prosecution hasalready established a primafacie case, the accused must
present proof to overturn theevidence of the prosecution.2. If the defense of the accusedis alibi and he does not testify,
-
7/29/2019 Remedial Law- Crim Pro
35/345
35
the inference is that the alibi isnot believable.
Is DNA testing covered bythe right against self-
incrimination?
No (recent SC ruling).
Right of Confrontation
What is the meaning of theright of confrontation?
It means that the accused canonly be tried using those
-
7/29/2019 Remedial Law- Crim Pro
36/345
36
witnesses that meet him face toface at the trial who give
testimony in his presence, withthe opportunity to cross-examinethem.
What are the reasons forthe right?
1. To allow the court to observethe demeanor of the witnesswhile testifying.
2.
To give the accused theopportunity to cross-examinethe witness in order to test
-
7/29/2019 Remedial Law- Crim Pro
37/345
37
their recollection andcredibility.
Can the right ofconfrontation be waived?
Yes, it can be waived eitherexpressly or impliedly. It iswaived impliedly when an
accused waives his right to bepresent at the trial. The right ofconfrontation may also be waived
by conduct amounting to arenunciation of the right to cross-examine. When the party wasgiven an opportunity to confront
-
7/29/2019 Remedial Law- Crim Pro
38/345
38
and cross-examine an opposingwitness but failed to take
advantage of it for reasonsattributable to himself alone, heis deemed to have waived the
right.
What happens to thetestimony of a witness who
dies or becomes unavailable?
It depends. If the other party
had the opportunity to cross-examine the witness before hedied or became unavailable, thetestimony may be used as
-
7/29/2019 Remedial Law- Crim Pro
39/345
39
evidence. However, if the otherparty did not even have the
opportunity to cross-examinebefore the subsequent death orunavailability of the witness, the
testimony will have no probativevalue. (An opportunity tocross-examine is all that isnecessary in order to allow the
use of the testimony of thewitness. There need not be anactual cross-examination, as long
as there was an opportunity to doso.)
Right to Compulsory Process
-
7/29/2019 Remedial Law- Crim Pro
40/345
40
What is the right tocompulsory process?
It is the right of the accused to
have a subpoena and/or asubpoena duces tecum issued inhis behalf in order to compel theattendance of witnesses and the
production of other evidence.
What happens if a witnessrefuses to testify whenrequired?
-
7/29/2019 Remedial Law- Crim Pro
41/345
41
The court should order thewitness to give bail or even order
his arrest, if necessary. Failure toobey a subpoena amounts tocontempt of court.
Right to Speedy, Public, andImpartial Trial
How should the trial beconducted?
The trial should be speedy,public, and impartial.
-
7/29/2019 Remedial Law- Crim Pro
42/345
42
What is the meaning ofthe right to speedy trial?
The right means that the trialshould be conducted according to
the law of criminal procedure andthe rules and regulations, freefrom vexations, capricious, andoppressive delays.
When should thearraignment and pre-trial be
held?
According to the Speedy Trial Actand Circular 38-98, arraignment
-
7/29/2019 Remedial Law- Crim Pro
43/345
43
and pre-trial if the accusedpleads not guilty should be held
within 30 days from the date thecourt acquires jurisdiction of theperson of the accused.
Within how many daysshould the trial becompleted?
In no case shall the entire periodexceed 180 days from the first
day of trial, except as otherwiseauthorized by the CourtAdministrator.
-
7/29/2019 Remedial Law- Crim Pro
44/345
44
What is the remedy of anaccused whose right to
speedy trial is violated?
The accused has the following
remedies:
1. File a motion to dismiss onthe ground of violation of his
right to speedy trial. (Forpurposes of double jeopardy,this has the same effect as an
acquittal.) This must be doneprior to trial, or else, it isdeemed a waiver of the right todismiss.
-
7/29/2019 Remedial Law- Crim Pro
45/345
45
2. File for mandamus tocompel a dismissal of the
information.3. If he is restrained of hisliberty, file for habeas corpus.
4.Ask for the trial of the case.
What is the limitation onthe right of an accused to a
speedy trial?
The limitation is that the State
should not be deprived of its dayin court. The right of theState/the prosecution to dueprocess should be respected.
-
7/29/2019 Remedial Law- Crim Pro
46/345
46
The prosecution and thecomplainant fail to attend thefirst hearing. The courtpostpones the hearing to
another date. Is there aviolation of the right tospeedy trial?
No. The right to speedy trial isviolated when there areunjustified postponements of the
trial, and a long period of time isallowed to elapse without thecase being tried for no justifiablereason.
-
7/29/2019 Remedial Law- Crim Pro
47/345
47
What is the meaning of theright to a public trial?
It means that anyone interested
in observing the manner that ajudge conducts the proceedingsin his courtroom may do so.
Why should a trial beconducted in public?
The trial should be public in orderto prevent abuses that may becommitted by the court to theprejudice of the defendant.
-
7/29/2019 Remedial Law- Crim Pro
48/345
48
Moreover, the accused is entitledto the moral support of his
friends and relatives.
Is there an exception tothe requirement of publicity?
Yes. The court may bar thepublic in certain cases, such as
when the evidence to bepresented may be offensive todecency or public morals, or in
rape cases, where the purpose ofsome persons in attending ismerely to ogle at the parties.
-
7/29/2019 Remedial Law- Crim Pro
49/345
49
Is it okay to hold the trialin the chambers of the
judge?
Yes. There is no violation of the
right to a public trial, since thepublic is not excluded fromattending the trial.
In so-called trials bypublicity, when can thepublicity be considered
prejudicial to the accused?
To warrant a finding of prejudicialpublicity, there must be
-
7/29/2019 Remedial Law- Crim Pro
50/345
50
allegations and proof that thejudges have been unduly
influenced, not simply that theymight be, by the barrage ofpublicity.
Right to Appeal, WhenAllowed
Is the right to appeal afundamental right?
No. The right to appeal is astatutory right, except in the caseof the minimum appellate
jurisdiction of the Supreme Court
-
7/29/2019 Remedial Law- Crim Pro
51/345
51
granted by the Constitution.Anyone who seeks to exercise the
right to appeal must comply withthe requirements of the rules.
Can the right to appeal bewaived?
Yes, it can be waived expressly or
impliedly.
What is the effect of theflight of the accused on hisright to appeal?
-
7/29/2019 Remedial Law- Crim Pro
52/345
52
When the accused flees after thecase has been submitted to the
court for decision, he will bedeemed to have waived his rightto appeal from the judgment
rendered against him.
RULE 116 ARRAIGNMENTAND PLEA
Where should the accusedbe arraigned?
The accused must be arraignedbefore the court where the
-
7/29/2019 Remedial Law- Crim Pro
53/345
53
complaint was filed or assignedfor trial.
How is arraignment made?
Arraignment is made:
1. in open court2. by the judge or clerk3. by furnishing the accusedwith a copy of the complaint orinformation
4.
reading it in the language ordialect known to him, and5. asking him whether hepleads guilty or not guilty.
-
7/29/2019 Remedial Law- Crim Pro
54/345
54
Can there be anarraignment without thepresence of the accused?
No. The accused must bepresent at the arraignment andmust personally enter his plea.
What is the effect of therefusal of the accused toenter a plea?
If the accused refuses to plead ormakes a conditional plea, a plea
-
7/29/2019 Remedial Law- Crim Pro
55/345
55
of not guilty shall be entered forhim.
X is charged withhomicide. He pleads guilty
but presents evidence toestablish self-defense. Whatshould the court do?
The court should withdraw theplea and enter a plea of notguilty.
When should thearraignment be held?
-
7/29/2019 Remedial Law- Crim Pro
56/345
56
The general rule is that theaccused should be arraigned
within 30 days from the date thecourt acquires jurisdiction overthe person of the accused. The
time of the pendency of a motionto quash or for a bill ofparticulars or other causes
justifying suspension of the
arraignment shall be excluded incomputing the period.
However, in the following cases,the accused should be arraignedwith a shorter period:
-
7/29/2019 Remedial Law- Crim Pro
57/345
57
1. Where the complainant isabout to depart from the
Philippines with no definitedate of return, the accusedshould be arraigned without
delay and his trial shouldcommence within 3 days fromarraignment.
2. The trial of cases under theChild Abuse Act requires thatthe trial should be commencedwithin 3 days from
arraignment.3. When the accused is underpreventive detention, his caseshall be raffled and its records
-
7/29/2019 Remedial Law- Crim Pro
58/345
58
transmitted to the judge towhom the case was raffled
within 3 days from the filing ofthe information or complaint.The accused shall be arraigned
within 10 days from the date ofthe raffle.
Can the lawyer of theaccused enter a plea for him?
No. The accused must personally
enter his plea.
What is the importance ofarraignment?
-
7/29/2019 Remedial Law- Crim Pro
59/345
59
Arraignment is the means for
bringing the accused into courtand informing him of the natureand cause of the accusation
against him. During arraignment,he is made fully aware of possibleloss of freedom or life. He isinformed why the prosecuting
arm of the State is mobilizedagainst him. It is necessary inorder to fix the identity of the
accused, to inform him of thecharge, and to give him anopportunity to plead.
-
7/29/2019 Remedial Law- Crim Pro
60/345
60
During the arraignment, isthe judge duty-bound to
point out that an informationis duplicitous?
No. The judge has no obligationto point out the duplicitousnessor any other defect in aninformation during arraignment.
The obligation to move to quasha defective information belongsto the accused, whose failure to
do so constitutes a waiver of theright to object.
-
7/29/2019 Remedial Law- Crim Pro
61/345
61
X was tried for murderwithout having been
arraigned. At the trial, Xscounsel presented witnessesand cross-examined the
prosecution witnesses. Itwas only after the case wassubmitted for decision that Xwas arraigned. X was
convicted. Can X invoke thefailure of the court to arraignhim before trial as a ground
for questioning theconviction?
-
7/29/2019 Remedial Law- Crim Pro
62/345
62
No. The failure of the court toarraign X before trial was
conducted did not prejudice therights of X since he was able topresent evidence and cross-
examine the witnesses of theprosecution. The error was curedby the subsequent arraignment.
Is the accused presumedto have been arraigned in theabsence of proof to the
contrary?
Yes. In view of the presumptionof regularity in the performance
-
7/29/2019 Remedial Law- Crim Pro
63/345
63
of official duties, it can bepresumed that a person accused
of a crime was arraigned, in theabsence of proof to the contrary.However, the presumption of
regularity is not applied when thepenalty imposed is death. Whenthe life of a person is at stake,the court cannot presume that
there was an arraignment; it hasto be sure that there was one.
Is the accused entitled toknow in advance the names
of all of the prosecutionwitnesses?
-
7/29/2019 Remedial Law- Crim Pro
64/345
64
No. The success of the
prosecution might be endangeredif this right were granted to theaccused. The witnesses might be
subjected to pressure orcoercion. The right time for theaccused to know their identities iswhen they take the witness
stand.
Can the prosecution callwitnesses that are not listedin the information?
-
7/29/2019 Remedial Law- Crim Pro
65/345
65
Yes. The prosecution may callat the trial witnesses other than
those named in the complaint orinformation.
X was charged withhomicide. He entered a plea
of guilty. He was laterallowed to testify in order to
prove the mitigatingcircumstance of incompleteself-defense. At the trial, he
presented evidence to provethat he acted in completeself-defense. The courtacquitted him. Later, X was
-
7/29/2019 Remedial Law- Crim Pro
66/345
66
again charged with physicalinjuries. X invoked double
jeopardy. Can X beprosecuted again for physicalinjuries?
Yes. There was no doublejeopardy. In order for doublejeopardy to attach, there musthave been a valid plea to the first
offense. In this case, thepresentation by X of evidence toprove complete self-defense had
the effect of vacating his plea ofguilt. When the plea of guilt wasvacated, the court should haveordered him to plead again, or at
-
7/29/2019 Remedial Law- Crim Pro
67/345
67
least should have directed that anew plea of not guilty be entered
for him. Because the court didnot do this, at the time of theacquittal, there was actually no
standing plea for X. Since therewas no valid plea, there can beno double jeopardy.
Can a person who pleadedguilty still be acquitted?
Yes. When an accused pleadsguilty, it does not necessarilyfollow that he will be convicted.
Additional evidence independent
-
7/29/2019 Remedial Law- Crim Pro
68/345
68
of the guilty plea may beconsidered by the judge to
ensure that the plea of guilt wasintelligently made. The totality ofevidence should determine
whether the accused should beconvicted or acquitted.
When can the accusedplead guilty to a lesseroffense?
At arraignment, the accused mayplead guilty to a lesser offensewhich is necessarily included inthe offense charged, provided
-
7/29/2019 Remedial Law- Crim Pro
69/345
69
that the offended party and theprosecutor give their consent.
After arraignment BUT BEFORETRIAL, the accused may still be
allowed to plead guilty to a lesseroffense, after he withdraws hisplea of not guilty. In such acase, the complaint or
information need not beamended.
When the penalty imposable forthe offense is at least 6 years and1 day or a fine exceedingP12,000, the prosecutor must
-
7/29/2019 Remedial Law- Crim Pro
70/345
70
first submit his recommendationto the City or Provincial
Prosecutor or to the Chief StateProsecutor for approval. If therecommendation is approved, the
trial prosecutor may then consentto the plea of guilty to a lesseroffense.
What should the court dowhen the accused pleadsguilty to a capital offense?
The court should:
-
7/29/2019 Remedial Law- Crim Pro
71/345
71
1. conduct a searching inquiryinto the voluntariness and full
comprehension of theconsequences of the plea.
2. require the prosecution topresent evidence to prove theguilt and the precise degree ofculpability of the accused forthe purpose of imposing the
proper penalty.3. ask the accused if he desiresto present evidence in his
behalf and allow him to do so ifhe desires.
-
7/29/2019 Remedial Law- Crim Pro
72/345
72
Does a plea of guilty meanan admission even of the
aggravating circumstances?
Yes. A plea of guilty results in
the admission of all the materialfacts in the complaint orinformation, including theaggravating circumstances.
Because of this, the court shouldonly accept a clear, definite, andunconditional plea of guilty.
When can the plea of guiltybe considered a mitigatingcircumstance?
-
7/29/2019 Remedial Law- Crim Pro
73/345
73
It is mitigating if made before the
prosecution starts to presentevidence.
What is the meaning of theduty of the judge to conduct
a searching inquiry?
In all cases, the judge mustconvince himself: (1) that theaccused is entering the plea of
guilty voluntarily and intelligently;and (2) that he is truly guilty andthat there exists a rational basis
-
7/29/2019 Remedial Law- Crim Pro
74/345
74
for a finding of guilt based on histestimony.
In addition, the judge mustinform the accused of the exact
length of imprisonment and thecertainty that he will serve it atthe national penitentiary or apenal colony. The judge must
dispel any false notion that theaccused may have that he willget off lightly because of his plea
of guilt.
Is it mandatory for theprosecution to present proof
-
7/29/2019 Remedial Law- Crim Pro
75/345
75
of aggravatingcircumstances?
Yes. It is mandatory in order toestablish the precise degree of
culpability and the imposablepenalty. Otherwise, there is animprovident plea of guilty.
Can a court validly convictan accused based on animprovident plea of guilty?
Yes. If there is adequateevidence of the guilt of theaccused independent of the
-
7/29/2019 Remedial Law- Crim Pro
76/345
76
improvident plea of guilty, thecourt may still convict the
accused. The conviction will beset aside only if the plea of guiltis the sole basis of the judgment.
What should the court dowhen the accused pleadsguilty to a non-capital
offense?
The court may receive evidence
from the parties to determine thepenalty to be imposed. Unlike ina plea of guilty to a capitaloffense, the reception of
-
7/29/2019 Remedial Law- Crim Pro
77/345
77
evidence in this case is notmandatory. It is merely
discretionary on the court.
When can the validity of aplea of guilty be attacked?
Generally, a plea of guilty cannotbe attacked if it is made
voluntarily and intelligently. Itcan only be attacked if it wasinduced by threats,
misrepresentation, or bribes.When the consensual characterof the plea is called into questionor when it is shown that the
-
7/29/2019 Remedial Law- Crim Pro
78/345
78
defendant was not fully apprisedof its consequences, the plea can
be challenged.
Can an improvident plea ofguilty be withdrawn as amatter of right?
No. The withdrawal of the plea
of guilty is not a matter of strictright to the accused but is withinthe discretion of the court. The
reason for this is that trial hasalready commenced; withdrawalof the plea will change the theoryof the case and will put all of the
-
7/29/2019 Remedial Law- Crim Pro
79/345
79
past proceedings to waste.Therefore, it may only be
withdrawn with permission of thecourt.
Moreover, there is a presumptionthat the plea was madevoluntarily. The court mustdecide whether the consent of
the accused was, in fact, vitiatedwhen he entered his plea.
X is charged withhomicide. He pleads guilty,
but tells the judge hindi kosinasadya. Is his plea valid?
-
7/29/2019 Remedial Law- Crim Pro
80/345
80
No. In order to be valid, the plea
of guilty must be unconditional.In this case, when X said hindiko sinasadya, he made a
qualified plea of guilty. This isnot a valid plea of guilty. A pleaof not guilty should be enteredinstead.
When a defendant appearswithout an attorney during
arraignment, what should thecourt do?
The court has a four-fold duty:
-
7/29/2019 Remedial Law- Crim Pro
81/345
81
1. It must inform the defendantthat he has a right to anattorney before beingarraigned;
2.After informing him, thecourt must ask the defendant if
he desires to have the aid ofan attorney;
3. If he desires and is unable toemploy an attorney, the courtmust assign an attorney de
oficio to defend him;4. If the accused desires toprocure an attorney of his own,
-
7/29/2019 Remedial Law- Crim Pro
82/345
82
the court must grant him areasonable time therefor.
What is the reason for thisfour-fold duty?
The right to be heard would be oflittle avail if it does not includethe right to be heard by counsel.
What is the effect of thefailure of the court to comply
with these duties?
It is a violation of due process.
-
7/29/2019 Remedial Law- Crim Pro
83/345
83
What is a counsel deoficio?
Counsel de oficio is counselappointed by the court to
represent and defend theaccused in case he cannot affordto employ one himself.
Who can be appointed ascounsel de oficio?
The court, considering the gravityof the offense and the difficultyof the questions that may ariseshall appoint as counsel de oficio:
-
7/29/2019 Remedial Law- Crim Pro
84/345
84
1. such members of the bar ingood standing
2. who by reason of theirexperience and ability, can
competently defend theaccused.
But, in localities where such
members of the bar are notavailable, the court may appointany person who is:
1. a resident of the province
-
7/29/2019 Remedial Law- Crim Pro
85/345
85
2. and of good repute forprobity and ability to defend
the accused.
What is the differencebetween the duty of thecourt to appoint counsel deoficio during arraignmentand during trial?
During arraignment, the courthas the affirmative duty to inform
the accused of his right tocounsel and to provide him withone in case he cannot afford it.The court must act on its own
-
7/29/2019 Remedial Law- Crim Pro
86/345
86
volition, unless the right iswaived by the accused.
On the other hand, during trial, itis the accused who must assert
his right to counsel. The courtwill not act unless the accusedinvokes his rights.
Can a non-lawyerrepresent the accused duringarraignment?
No. During arraignment, it is theobligation of the court to ensurethat the accused is represented
-
7/29/2019 Remedial Law- Crim Pro
87/345
87
by a lawyer because it is the firsttime when the accused is
informed of the nature and causeof the accusation against him.This is a task which only a lawyer
can do.
But during trial, there is no suchduty. The accused must ask for
a lawyer, or else, the right isdeemed waived. He can evendefend himself personally.
May an accused be validlyrepresented by a non-lawyerat the trial?
-
7/29/2019 Remedial Law- Crim Pro
88/345
88
If the accused knowingly
engaged the services of the non-lawyer, he is bound by the non-lawyers actions. But if he did
not know that he was beingrepresented by a non-lawyer, thejudgment is void because of themisrepresentation.
What are the duties of thepubic attorney if the accused
assigned to him isimprisoned?
-
7/29/2019 Remedial Law- Crim Pro
89/345
89
1. He shall promptly undertaketo obtain the presence of the
prisoner for trial, or cause anotice to be served on theperson having custody of the
prisoner, requiring such personto advise the prisoner of hisright to demand trial.
2. Upon receipt of that notice,the person having custody ofthe prisoner shall promptlyadvise the prisoner of the
charge and of his right todemand trial. It at anytimethereafter, the prisoner informshis custodian that he demands
-
7/29/2019 Remedial Law- Crim Pro
90/345
90
such trial, the latter shallcause notice to that effect to
be sent promptly to the publicattorney.
3. Upon receipt of such notice,the public attorney shallpromptly seek to obtain thepresence of the prisoner fortrial.
4. When the person havingcustody of the prisonerreceives from the public
attorney a properly supportedrequest for the availability ofthe prisoner for purposes of
-
7/29/2019 Remedial Law- Crim Pro
91/345
91
the trial, the prisoner shall bemade available accordingly.
What is a bill ofparticulars?
It is a more specific allegation. Adefendant in a criminal case whobelieves or feels that he is not
sufficiently informed of the crimewith which he is charged and notin a position to defend himself
properly and adequately couldmove for a bill or particulars orspecifications.
-
7/29/2019 Remedial Law- Crim Pro
92/345
92
What is the purpose of abill of particulars?
It is to allow the accused toprepare for his defense.
When can the accusedmove for a bill of particulars?
The accused must move for a billof particulars before arraignment.Otherwise, the right is deemed
waived.
-
7/29/2019 Remedial Law- Crim Pro
93/345
93
What should be containedin the motion for a bill or
particulars?
It should specify the alleged
defects of the complaint orinformation and the detailsdesired.
What is the right to modesof discovery?
It is the right of the accused tomove for the production orinspection or material evidence inthe possession of the
-
7/29/2019 Remedial Law- Crim Pro
94/345
94
prosecution. It authorizes thedefense to inspect, copy, or
photograph any evidence of theprosecution in its possession afterobtaining permission of the court.
What is the purpose of thisright?
The purpose is to preventsurprise to the accused and thesuppression or alteration of
evidence.
-
7/29/2019 Remedial Law- Crim Pro
95/345
95
Is this right availableduring preliminary
investigation?
Yes, when indispensable to
protect his constitutional right tolife, liberty, and property. (Webbv. de Leon)
What are the grounds forsuspending arraignment?
1.
If the accused appears to besuffering from an unsoundmental condition, whichrenders him unable to fully
-
7/29/2019 Remedial Law- Crim Pro
96/345
96
understand the charge againsthim and to plead intelligently
thereto. The court shouldorder his mental examinationand his confinement, if
necessary.2. If there exists a prejudicialquestion.
3. If a petition for review of theresolution of the prosecutor ispending either at the DOJ orthe Office of the President.
However, the period ofsuspension shall not exceed 60days counted from the filing ofthe petition for review.
-
7/29/2019 Remedial Law- Crim Pro
97/345
97
What is the test todetermine whether theinsanity of the accusedshould warrant the
suspension of theproceedings?
The test is whether the accused
will have a fair trial with theassistance of counsel, in spite ofhis insanity. Not every aberration
of the mind or exhibition ofmental deficiency is sufficient tojustify suspension.
-
7/29/2019 Remedial Law- Crim Pro
98/345
98
RULE 117 MOTION TOQUASH
When can the accused filea motion to quash?
At any time before entering hisplea, the accused may move toquash the complaint or
information.
What is the form requiredfor a motion to quash?
1. It must be in writing.
-
7/29/2019 Remedial Law- Crim Pro
99/345
99
2. It must be signed by theaccused or his counsel.
3. It must specify its factualand legal grounds.
Can the court dismiss thecase based on grounds that
are not alleged in the motionto quash?
As a general rule, no. The courtcannot consider any ground other
than those stated in the motionto quash. The exception is lackof jurisdiction over the offensecharged. If this is the ground for
-
7/29/2019 Remedial Law- Crim Pro
100/345
100
dismissing the case, it need notbe alleged in the motion to quash
since it goes into the verycompetence of the court to passupon the case.
What are the grounds thatthe accused may invoke toquash a complaint or
information?
1. That the facts charged donot constitute an offense;2. That the court trying thecase has no jurisdiction overthe offense charged;
-
7/29/2019 Remedial Law- Crim Pro
101/345
101
3. That the court trying thecase has no jurisdiction over
the person of the accused;4. That the officer who filed theinformation had no authority to
do so;5. That it does not conformsubstantially to the prescribedform;
6. That more than one offenseis charged except when asingle punishment for various
offenses is prescribed by law(duplicitous);7. That the criminal action orliability has been extinguished;
-
7/29/2019 Remedial Law- Crim Pro
102/345
102
8. That it contains avermentswhich, if true, would constitute
a legal excuse or justification;9. That the accused has beenpreviously convicted or
acquitted of the offensecharged, or the case againsthim was dismissed orotherwise terminated without
his express consent. (doublejeopardy)
X filed a motion to quashan information on the ground
that he was in the US whenthe crime charged was
-
7/29/2019 Remedial Law- Crim Pro
103/345
103
committed. Should themotion be granted?
The motion should be denied.The accused is already making a
defense. Matters of defense aregenerally not a ground for amotion to quash. They should bepresented at the trial.
What is meant by thestatement that a motion to
quash hypothetically admitsallegations of fact in theinformation?
-
7/29/2019 Remedial Law- Crim Pro
104/345
104
It means that the accusedargues that assuming that the
facts charged are true, theinformation should still bedismissed based on the ground
invoked by the defendant.Therefore, since the defendantassumes that the facts in theinformation are true, only these
facts should be taken intoaccount when the court resolvesthe motion to quash. Other
facts, such as matters of defense,which are not in the informationshould not be considered.Exceptions to this rule are when
-
7/29/2019 Remedial Law- Crim Pro
105/345
105
the grounds invoked to quashthe information are extinction of
criminal liability, prescription, andformer jeopardy. In these cases,additional facts are allowed.
Can the accused move toquash on the ground that hewas denied due process?
No. Denial of due process is notone of the grounds for a motion
to quash.
X filed a motion to quashon the following grounds:
-
7/29/2019 Remedial Law- Crim Pro
106/345
106
that the court lackedjurisdiction over the person
of the accused and that thecomplaint charged more thanone offense. Can the court
grant the motion on theground of lack of jurisdictionover the person of theaccused?
No. A motion to quash on theground of lack of jurisdiction over
the person of the accused mustbe based only on this ground. Ifother grounds are included, thereis a waiver, and the accused is
-
7/29/2019 Remedial Law- Crim Pro
107/345
107
deemed to have submittedhimself to the jurisdiction of the
court.
What is the effect of aninformation that was signedby an unauthorized person?
It is a VALID information signed
by a competent officer which,among other requisites, confers
jurisdiction over the person of the
accused and the subject matterof the accusation. Thus, aninfirmity in the information suchas lack of authority of the officer
-
7/29/2019 Remedial Law- Crim Pro
108/345
108
signing it cannot be cured bysilence, acquiescence, express
consent, or even amendment.
What happens if thedefendant enters his pleabefore filing a motion toquash?
By entering his plea before filingthe motion to quash, thedefendant waives FORMAL
objections to the complaint orinformation.
-
7/29/2019 Remedial Law- Crim Pro
109/345
109
But if the ground for the motionis any of the following, there is
no waiver. The ground may beraised at any stage of theproceeding:
1. failure to charge an offense2. lack of jurisdiction over theoffense
3. extinction of criminal liability4. double jeopardy
How is criminal liabilityextinguished?
-
7/29/2019 Remedial Law- Crim Pro
110/345
110
Under Article 89 of the RPC,criminal liability is extinguished
by:
1. death of the convict, and asto pecuniary penalties, liabilitytherefor is extinguished onlywhen the death of the offenderoccurs before final judgment;
2. service of sentence;3. amnesty;4. absolute pardon;5.
prescription of the crime;6. prescription of the penalty;
-
7/29/2019 Remedial Law- Crim Pro
111/345
111
7. marriage of the offendedwoman, as provided in Article
344 of the RPC.
X and Y were charged withadultery. While the case wasbeing tried, X died. Whathappens to the criminalliability of X and Y?
The criminal liability of X isextinguished. The criminal
liability of Y subsists. The deathof one of several accused will notbe a cause for dismissal of the
-
7/29/2019 Remedial Law- Crim Pro
112/345
112
criminal action as against theother accused.
What is the effect of thedeath of the offended party
on the criminal liability of theaccused?
Where the offense charged in a
criminal complaint or informationis one against the state, involvingpeace and order, the death of the
offended party before finalconviction of the defendant willnot abate the prosecution.Neither does the death of the
-
7/29/2019 Remedial Law- Crim Pro
113/345
113
offended party in private crimesabate the prosecution.
What are the means bywhich criminal liability is
partially extinguished?
1. Conditional pardon2. Commutation of sentence3. For good conduct,allowances which the culpritmay earn while he is serving
his sentence
-
7/29/2019 Remedial Law- Crim Pro
114/345
114
What are the distinctionsbetween pardon and
amnesty?
AMNES
TY
PARDON
TYPE OFOFFENSE
Politicaloffenses
Infractions of thepeace
(commoncrimes)
BENEFICIA
RY
Classes
ofpersons
An
individual
CONCURRENCE OF
Necessary
Notnecessary
-
7/29/2019 Remedial Law- Crim Pro
115/345
115
CONGRESS
ACCEPTAN
CE
Benefici
ary neednotaccept
Need for
distinctacts ofacceptanc
e on thepart ofthepardonee
JUDICIALNOTICE
Courtstake
judicial
noticebecauseit is apublic
Courts donot take
judicial
noticebecause itis aprivate act
-
7/29/2019 Remedial Law- Crim Pro
116/345
116
act of thePresident.
Therefore,it must beproved in
court.EFFECT Abolishes theoffense
(looksbackward)
Relievestheoffender
from theconsequences of
theoffense(looksforward)
-
7/29/2019 Remedial Law- Crim Pro
117/345
117
WHEN ITMAY BE
GRANTED
Beforeor after
prosecution
Only afterconviction
by finaljudgment
What is the effect ofabsolute pardon upon
criminal liability?
Absolute pardon blots out thecrime. It removes all disabilitiesresulting from the conviction,
such as the political rights of theaccused.
-
7/29/2019 Remedial Law- Crim Pro
118/345
118
What is the effect ofpardon by the offended party
upon criminal liability?
As a general rule, pardon by the
offended party does notextinguish criminal liability. Onlycivil liability is extinguished byexpress waiver of the offended
party.
However, pardon granted before
the institution of the criminalproceedings in cases of adultery,concubinage, seduction,abduction, and acts of
-
7/29/2019 Remedial Law- Crim Pro
119/345
119
lasciviousness shall extinguishcriminal liability.
What is the effect ofmarriage of the offender with
the offended party in privatecrimes?
It shall extinguish the criminal
action or remit the penaltyalready imposed. This applieseven to co-principals,
accomplices, and accessories.
However, where multiple rape iscommitted, marriage of the
-
7/29/2019 Remedial Law- Crim Pro
120/345
120
offended party with onedefendant extinguishes the
latters liability and that of hisaccessories or accomplices for asingle crime of rape cannot
extend to the other acts of rape.
If the offender in rape isthe legal husband of the
offended party, how can thehusbands criminal liability beextinguished?
The subsequent forgiveness bythe wife shall extinguish thecriminal action or the penalty.
-
7/29/2019 Remedial Law- Crim Pro
121/345
121
But the penalty shall not beabated if the marriage is void ab
initio.
Why is prescription aground for a motion toquash?
This is meant to exhort the
prosecution not to delay;otherwise, they will lose the rightto prosecute. It is also meant to
secure the best evidence that canbe obtained.
-
7/29/2019 Remedial Law- Crim Pro
122/345
122
What are the prescriptiveperiods of crimes?
OFFENSE PRESCRIPTIVEPERIOD
Punishable bydeath,reclusionperpetua, or
reclusiontemporal
20 years
Punishable by
other afflictivepenalties
10 years
Punishable byarresto mayor
5 years
-
7/29/2019 Remedial Law- Crim Pro
123/345
123
Libel or othersimilar
offenses
2 years
Oraldefamation
and slanderby deed
6 months
Light offenses 2 months
Can the accused still raiseprescription as a defenseeven after conviction? Can
the defense of prescriptionbe waived?
-
7/29/2019 Remedial Law- Crim Pro
124/345
124
The accused can still raiseprescription as a defense even
after conviction. The defensecannot be waived. This isbecause the criminal action is
totally extinguished by theexpiration of the prescriptiveperiod. The State thereby losesor waives its right to prosecute
and punish it.
What is the proper actionof the court when theaccused raises the defense ofprescription?
-
7/29/2019 Remedial Law- Crim Pro
125/345
125
The proper action for the courtis to exercise its jurisdiction and
to decide the case upon themerits, holding the action to haveprescribed and absolving the
defendant. The court should notinhibit itself because it does notlose jurisdiction over the subjectmatter or the person of the
accused by prescription.
What is the effect ofprescription of the offense onthe civil liability of theaccused?
-
7/29/2019 Remedial Law- Crim Pro
126/345
126
The extinction of the penalaction does not carry with it the
extinction of the civil action toenforce civil liability arising fromthe offense charged, unless the
extinction proceeds from adeclaration in a final judgmentthat the fact from which the civilliability might arise did not exist.
What should the court do ifthe accused moves to quash
the complaint or informationon grounds that can be curedby amendment (ex:duplicitous)?
-
7/29/2019 Remedial Law- Crim Pro
127/345
127
The court should order that the
amendment be made.
What should the court do ifthe accused moves to quashon the ground that the factscharged do not constitute anoffense?
The court should give theprosecution the opportunity to
correct the defect byamendment. If the prosecutionfails to make the amendment, orif, after it makes the amendment,
-
7/29/2019 Remedial Law- Crim Pro
128/345
128
the complaint or information stillsuffers from the same defect, the
court should grant/sustain themotion to quash.
What is the effect if amotion to quash is
sustained?
The court may order that anothercomplaint or information be filedagainst the accused for the same
offense, except if the ground forsustaining the motion to quash iseither:
-
7/29/2019 Remedial Law- Crim Pro
129/345
129
1. extinguishment of thecriminal liability of the accused,
or2. double jeopardy.
The grant of a motion to quashon these two grounds is a bar toanother prosecution for the sameoffense.
If the order is made, theaccused, if in custody, shall not
be discharged unless admitted tobail.
-
7/29/2019 Remedial Law- Crim Pro
130/345
130
If no order is made, or if no newinformation was filed within the
time specified by the court, theaccused, if in custody, shall bedischarged.
What is the remedy of theaccused if the court denieshis motion to quash?
The accused cannot appeal anorder overruling his motion to
quash. This is because an orderdenying a motion to quash isinterlocutory; it does not disposeof the case upon its merits. The
-
7/29/2019 Remedial Law- Crim Pro
131/345
131
accused should go to trial andraise it as an error on appeal
later.
What are the two kinds ofjeopardy?
1. No person shall be twice putin jeopardy for the same
offense.
2. When an act is punished bya law and an ordinance,conviction or acquittal undereither shall constitute a bar to
-
7/29/2019 Remedial Law- Crim Pro
132/345
132
another prosecution for thesame act.
What are the requisites forthe accused to raise the
defense of double jeopardy?
To raise the defense of doublejeopardy, the following requisites
must be present:
1. a first jeopardymust haveattached prior to the second;2. the first jeopardy must havebeen validly terminated;
-
7/29/2019 Remedial Law- Crim Pro
133/345
133
3. the second jeopardymust be for the same offense
or the second offenseincludes or is necessarilyincluded in the offense
charged in the firstinformation, or is an attemptor a frustrationthereof.
What are the requisites forthe first jeopardy to attach?
1.Valid complaint orinformation
2. Court of competentjurisdiction
-
7/29/2019 Remedial Law- Crim Pro
134/345
134
3.Arraignment4.Valid plea5. The defendant wasacquitted, convicted, or thecase was dismissed without his
express consent.
A crime was committed inMakati. The case was filed in
Pasay. When the prosecutionrealized that the complaintshould have been filed in
Makati, it filed the case inMakati. Can the accusedinvoke double jeopardy?
-
7/29/2019 Remedial Law- Crim Pro
135/345
135
No. The court in Pasay had nojurisdiction; therefore, the
accused was in no danger ofbeing placed in jeopardy. Thefirst jeopardy did not validly
attach.
For purposes of doublejeopardy, when is a
complaint or informationvalid?
A complaint or information isvalid if it can support a judgmentof conviction. It the complaint orinformation is not valid, it would
-
7/29/2019 Remedial Law- Crim Pro
136/345
136
violate the right of the accusedto be informed of the nature and
cause of the accusation againsthim. If he is convicted under thiscomplaint or information, the
conviction is null and void. If theconviction is null and void, therecan be no first jeopardy.
X was charged withqualified theft. X moved todismiss on the ground of
insufficiency of theinformation. The case wasdismissed. Subsequently, theprosecution filed a corrected
-
7/29/2019 Remedial Law- Crim Pro
137/345
137
information. Can X pleaddouble jeopardy?
No. The first jeopardy did notattach because the first
information was not valid.
X was charged with theft.During the trial, the
prosecution was able toprove estafa. X wasacquitted of theft. Can X be
prosecuted for estafa laterwithout placing him in doublejeopardy?
-
7/29/2019 Remedial Law- Crim Pro
138/345
138
Yes. For jeopardy to attach, thebasis is the crime charged in the
complaint or information, and notthe one proved at the trial. Inthis case, the crime charged in
the first information was theft. Xwas therefore placed in jeopardyof being convicted of theft. Sinceestafa is not an offense which is
included or necessarily includestheft, X can still be prosecutedfor estafa without placing him in
double jeopardy.
The estafa case against Xwas dismissed, but the
-
7/29/2019 Remedial Law- Crim Pro
139/345
139
dismissal contained areservation of the right to file
another action. Can anotherestafa case be filed against Xwithout placing him in double
jeopardy?
Yes. To raise the defense ofdouble jeopardy, the firs jeopardy
must have been validlyterminated. This means thatthere must have been either a
conviction or an acquittal, or anunconditional dismissal of thecase. A provisional dismissal,
-
7/29/2019 Remedial Law- Crim Pro
140/345
140
such as this one, does notvalidly terminate the first
jeopardy.
Note, however, that in the
second kind of jeopardy (one actpunished by a law and anordinance), the first jeopardy canonly be terminated either by
conviction or acquittal, and notby dismissal of the case withoutthe express consent of the
accused.
X was charged with theft.On the day of the trial, the
-
7/29/2019 Remedial Law- Crim Pro
141/345
141
prosecution could not go totrial because important
witnesses were unable toappear. Counsel for theaccused moved to dismiss the
case. The court dismissedthe case provisionally.Subsequently, X was chargedwith theft again. Can X
invoke double jeopardy?
No. The case was dismissed
upon motion of counsel for theaccused, so it was not dismissedwithout his express consent.Moreover, the dismissal was only
-
7/29/2019 Remedial Law- Crim Pro
142/345
142
provisional, which is not a validtermination of the first jeopardy.
In order to validly terminate thefirst jeopardy, the dismissal musthave been unconditional.
X was charged with slightphysical injuries. On hismotion, the case was
dismissed during the trial.Another case for assault upona person in authority was
filed against him. Can Xinvoke double jeopardy?
-
7/29/2019 Remedial Law- Crim Pro
143/345
143
No. The first jeopardy was notterminated through either
conviction, acquittal, or dismissalwithout the express consent of X.The first case was dismissed
upon motion of X himself.Therefore, he cannot invokedouble jeopardy.
X was charged with theft.During trial, the evidenceshowed that the offense
committed was actuallyestafa. What should thejudge do?
-
7/29/2019 Remedial Law- Crim Pro
144/345
144
The judge should order thesubstitution of the complaint for
theft with a new one chargingestafa. Upon filing of thesubstituted complaint, the judge
should dismiss the originalcomplaint.
If it appears at any time before
judgment that a mistake hasbeen made in charging theproper offense, the court shall
dismiss the original complaint orinformation upon the filing of anew one charging the properoffense.
-
7/29/2019 Remedial Law- Crim Pro
145/345
145
What are the requisites fora valid substitution of acomplaint or information?
1.
No judgment has beenrendered;2. The accused cannot beconvicted of the offense
charged or any other offensenecessarily included in theoffense charged;
3.
The accused will not beplaced in double jeopardy.
-
7/29/2019 Remedial Law- Crim Pro
146/345
146
X was charged withhomicide. On the first day of
trial, the prosecution failed toappear. The court dismissedthe case on the ground of
violation of the right of theaccused to speedy trial. Xwas later charged withmurder. Can X invoke double
jeopardy?
No. The first jeopardy was not
validly terminated. The judgewho dismissed the case on theground of violation of the right ofX to speedy trial committed grave
-
7/29/2019 Remedial Law- Crim Pro
147/345
147
abuse of discretion in dismissingthe case after the prosecution
failed to appear once. This is nota valid dismissal because itdeprives the prosecution of due
process. When the judge gravelyabuses his discretion indismissing a case, the dismissal isnot valid. Therefore, X cannot
invoke double jeopardy.
Distinguish betweendismissal and acquittal.
Acquittal is always based on themerits. The accused is acquitted
-
7/29/2019 Remedial Law- Crim Pro
148/345
148
because the evidence does notshow his guilt beyond reasonable
doubt. Dismissal does not decidethe case on the merits, nor doesit determine that the accused is
not guilty. Dismissals terminatethe proceedings, either becausethe court is not a court ofcompetent jurisdiction or the
evidence does not show that theoffense was committed within theterritorial jurisdiction of the court,
or the complaint or information isnot valid or sufficient in form andsubstance.
-
7/29/2019 Remedial Law- Crim Pro
149/345
149
When is a dismissal of thecase, even with the express
consent of the accused,equivalent to an acquittal,which would constitute a bar
to a second jeopardy? Whenis it not a bar to a secondjeopardy?
A dismissal upon motion of theaccused or his counsel negatesthe application of double
jeopardy because the motion ofthe accused amounts to expressconsent, EXCEPT:
-
7/29/2019 Remedial Law- Crim Pro
150/345
150
1. if the ground is insufficiencyof evidence of the prosecution
(demurrer to evidence), or2. denial of the right to speedytrial.
In these two cases, even uponmotion of the accused, thedismissal amounts to an acquittal
and would bar a secondjeopardy.
But if the accused moves todismiss on the following grounds,he can still be prosecuted for thesame offense because he is
-
7/29/2019 Remedial Law- Crim Pro
151/345
151
deemed to have waived his rightagainst a second jeopardy:
1. Lack of jurisdiction (Why?Because if you move to dismiss
on the ground of lack ofjurisdiction, it means that youcould not have been validlyconvicted by that court. You
are later estopped fromclaiming that you were indanger of conviction).
2.
Insufficiency of complaint orinformation (Same reason.You could not have beenvalidly convicted under that
-
7/29/2019 Remedial Law- Crim Pro
152/345
152
defective information, so youare estopped from claiming
that there was a firstjeopardy).
When will dismissal ortermination of the first case
not bar a second jeopardy?
The conditions when dismissal ortermination will not place theaccused in double jeopardy are:
1. The dismissal must besought by the defendant
-
7/29/2019 Remedial Law- Crim Pro
153/345
153
personally or through hiscounsel; and
2. Such dismissal must not beon the merits and must notnecessarily amount to an
acquittal.
Before the prosecutioncould finish presenting its
evidence, the accused filed ademurrer to evidence. Thecourt granted the motion and
dismissed the case on theground of insufficiency ofevidence of the prosecution.Can the accused be
-
7/29/2019 Remedial Law- Crim Pro
154/345
154
prosecuted for the sameoffense again?
Yes. There was no doublejeopardy because the court
exceeded its jurisdiction indismissing the case even beforethe prosecution could finishpresenting evidence. It denied
the prosecution of its right to dueprocess. Because of this, thedismissal is null and void and
cannot constitute a proper basisfor a claim of double jeopardy.
-
7/29/2019 Remedial Law- Crim Pro
155/345
155
The prosecutor filed aninformation against X for
homicide. Before X could bearraigned, the prosecutorwithdrew the information,
without notice to X. Theprosecutor then filed aninformation against X formurder. Can X invoke double
jeopardy?
No. X has not yet been arraigned
under the first information.Therefore, the first jeopardy didnot attach. A nolle prosequi ordismissal entered before the
-
7/29/2019 Remedial Law- Crim Pro
156/345
156
accused is placed on trial andbefore he pleads is not equivalent
to an acquittal and does not bar asubsequent prosecution for thesame offense.
If the accused fails toobject to the motion todismiss the case filed by the
prosecution, is he deemed tohave consented to thedismissal? Can he still invoke
double jeopardy?
No. Silence does not meanconsent to the dismissal. If the
-
7/29/2019 Remedial Law- Crim Pro
157/345
157
accused fails to object oracquiesces to the dismissal of the
case, he can still invoke doublejeopardy, since the dismissal wasstill without his express consent.
He is deemed to have waived hisright against double jeopardy ifhe expressly consents to thedismissal.
X was charged withmurder. The prosecution
moved to dismiss the case.Counsel for X wrote thewords No objection at thebottom of the motion to
-
7/29/2019 Remedial Law- Crim Pro
158/345
158
dismiss and signed it. Can Xinvoke double jeopardy later
on?
No. X is deemed to have
expressly consented to thedismissal of the case when hiscounsel wrote No objection atthe bottom of the motion to
dismiss. Since the case wasdismissed with his expressconsent, X cannot invoke double
jeopardy.
X was charged withmurder. After the
-
7/29/2019 Remedial Law- Crim Pro
159/345
159
prosecution presented itsevidence, X filed a motion to
dismiss on the ground thatthe prosecution failed toprove that the crime was
committed within theterritorial jurisdiction of thecourt. The court dismissedthe case. The prosecution
appealed. Can X invokedouble jeopardy?
No. X cannot invoke doublejeopardy. The dismissal wasupon his own motion, so it waswith his express consent. Since
-
7/29/2019 Remedial Law- Crim Pro
160/345
160
the dismissal was with hisexpress consent, he is deemed to
have waived his right againstdouble jeopardy. The only timewhen a dismissal, even upon
motion of the accuse, will bar asecond jeopardy is if it is basedeither on insufficiency ofevidence or denial of the right of
the accused to speedy trial.These are not the groundsinvoked by X, so he cannot claim
double jeopardy.
X was charged withhomicide. X moved to
-
7/29/2019 Remedial Law- Crim Pro
161/345
-
7/29/2019 Remedial Law- Crim Pro
162/345
162
alleged that the court had nojurisdiction.
X was charged withhomicide. The court,
believing that it had nojurisdiction, motu propiodismissed the case. Theprosecution appealed,
claiming that the court, infact, had jurisdiction. Can Xinvoke double jeopardy?
Yes. When the trial court hasjurisdiction but mistakenlydismisses the complaint or
-
7/29/2019 Remedial Law- Crim Pro
163/345
163
information on the ground oflack of it, and the dismissal was
not at the request of theaccused, the dismissal is notappealable because it will place
the accused in double jeopardy.
X was charged with rape.X moved to dismiss on the
ground that the complaintwas insufficient because itdid not allege lewd designs.
The court dismissed the case.Later, another case for rapewas filed against X. Can Xinvoke double jeopardy?
-
7/29/2019 Remedial Law- Crim Pro
164/345
164
No. Like the previous problem, X
is estopped from claiming that hecould have been convicted underthe first complaint. He himself
moved to dismiss on the groundthat the complaint wasinsufficient. He cannot changehis position and now claim that
he was in danger of beingconvicted under that complaint.
X was charged withmurder, along with three
other people. X wasdischarged as a state
-
7/29/2019 Remedial Law- Crim Pro
165/345
165
witness. Can X beprosecuted again for the
same offense?
It depends. As a general rule, an
order discharging an accused asa state witness amounts to anacquittal, and he is barred frombeing prosecuted again for the
same offense. However, if hefails or refuses to testify againsthis co-accused in accordance
with his sworn statementconstituting the basis for thedischarge, he can be prosecutedagain.
-
7/29/2019 Remedial Law- Crim Pro
166/345
166
Can a person accused ofestafa be charged withviolation of BP22 withoutplacing him in double
jeopardy?
Yes. Where two different lawsdefine two crimes, prior jeopardy
as to one of the is no obstacle toa prosecution of the otheralthough both offenses arise from
the same facts, if each crimeinvolves some important actwhich is not an essential elementof the other. Other examples:
-
7/29/2019 Remedial Law- Crim Pro
167/345
167
Illegal recruitment and estafa,illegal fishing and illegal
possession of explosives, alarmand scandal and illegal dischargeof firearms, brigandage and
illegal possession of firearms,consented abduction andqualified seduction.
But take note of the following:
Possession of a shotgun and a
revolver by the same person atthe same time is only one act ofpossession, so there is only oneviolation of the law.
-
7/29/2019 Remedial Law- Crim Pro
168/345
168
Conviction for smoking opium
bars prosecution for illegalpossession of the pipe. Hecannot smoke the opium without
the pipe.
Theft of 13 cows at the sametime and in the same place is
only one act of theft.
Conviction for less serious
physical injuries bars prosecutionfor assault upon a person inauthority.
-
7/29/2019 Remedial Law- Crim Pro
169/345
169
Reckless imprudence resulting indamage to property and serious
or less serious physical injuries isonly one offense. If it is slightphysical injuries, it can be broken
down into two offenses, since alight offense cannot becomplexed.
X installed a jumper cablewhich allowed him to reducehis electricity bill. He was
prosecuted for violating amunicipal ordinance againstunauthorized installation ofthe device. He was
-
7/29/2019 Remedial Law- Crim Pro
170/345
170
convicted. Can he still beprosecuted for theft?
No. Under the second type ofjeopardy, when an act is
punished by a law and anordinance, conviction or acquittalunder once will bar a prosecutionunder the other. (But remember,
that there has to be eitherconviction or acquittal. Dismissalwithout the express consent of
the accused is not sufficient).
What are the exceptions todouble jeopardy? When can
-
7/29/2019 Remedial Law- Crim Pro
171/345
171
the accused be charged witha second offense which
necessarily includes theoffense charged in the formercomplaint or information?
The conviction of the accusedshall not be a bar to anotherprosecution for an offense which
necessarily includes the offensecharged in the former complaintor information under any of the
following circumstances:
1. the graver offense developeddue to supervening facts
-
7/29/2019 Remedial Law- Crim Pro
172/345
172
arising from the same act oromission constituting the
former charge;2. the facts constituting thegraver charge became
known or were discoveredonly after a pleawas enteredin the former complaint orinformation;
3. the plea of guilty to thelesser offense was madewithout the consent of the
prosecutor and the offendedparty except if the offendedparty fails to appear at thearraignment.
-
7/29/2019 Remedial Law- Crim Pro
173/345
173
What is the doctrine ofsupervening fact?
If, after the first prosecution, a
new fact supervenes on whichthe defendant may be held liable,altering the character of thecrime and giving rise to a new
and distinct offense, the accusedcannot be said to be in second
jeopardy if indicted for the new
offense.
X was charged withfrustrated homicide. There
-
7/29/2019 Remedial Law- Crim Pro
174/345
174
was nothing to indicatedthat the victim was going to
die. X was arraigned. Beforetrial, the victim dies. Can Xbe charged with homicide?
It depends. If the death of thevictim can be traced to the actsof X, and the victim did not
contribute to his death with hisnegligence, X can be chargedwith homicide. This is a
supervening fact. But if the actof X was not the proximate causeof death, he cannot be chargedwith homicide.
-
7/29/2019 Remedial Law- Crim Pro
175/345
175
X was charged withreckless imprudenceresulting in homicide andwas acquitted. The heirs of
the victim appealed the civilaspect of the judgment. Xclaims that the appeal willplace him in double jeopardy.
Is X correct?
No. There was no second
jeopardy. What was elevated onappeal was the civilaspect of thecase, not the criminal aspect.The extinction of criminal liability
-
7/29/2019 Remedial Law- Crim Pro
176/345
176
whether by prescription or bythe bar of double jeopardy does
not carry with it the extinction ofcivil liability arising from theoffense charged.
X was charged withmurder and was acquitted.Can the prosecution appeal
the acquittal?
No. The prosecution cannot
appeal the acquittal, since itwould place the accused indouble jeopardy.
-
7/29/2019 Remedial Law- Crim Pro
177/345
177
Even if the decision of acquittalwas erroneous, the prosecution
still cannot appeal the decision.It would still place the accused indouble jeopardy.
When can the prosecutionappeal despite the dismissalor termination of the case?
As a general rule, the dismissal ortermination of the case after
arraignment and plea of thedefendant to a valid informationshall be a bar to anotherprosecution for the same offense,
-
7/29/2019 Remedial Law- Crim Pro
178/345
-
7/29/2019 Remedial Law- Crim Pro
179/345
179
or of the merits of the case;and
3. the question to be passedupon by the appellate court ispurely legal so that should the
dismissal be found incorrect,the case would have to beremanded to the court of originfor further proceedings to
determine the guilt orinnocence of the accused.
What is the effect of theappeal by the accused?
-
7/29/2019 Remedial Law- Crim Pro
180/345
180
If the accused appeals, hewaives his right against double
jeopardy. The case is thrownwide open for review and apenalty higher than that of the
original conviction could beimposed upon him.
What should the accuseddo if the court denies themotion to quash on theground of double jeopardy?
He should plead not guilty andreiterate his defense of former
jeopardy. In case of conviction,
-
7/29/2019 Remedial Law- Crim Pro
181/345
181
he should appeal from thejudgment, on the ground of
double jeopardy.
When can a case beprovisionally dismissed?
A case can only be dismissedprovisionally if the accused
expressly consents, and withnotice to the offended party.Provisional dismissal does not
place the accused in doublejeopardy. But, ff the accusedobjects to the provisionaldismissal, a revival of the case
-
7/29/2019 Remedial Law- Crim Pro
182/345
182
would place him in doublejeopardy.
When does the provisionaldismissal become final?
The provisional dismissal ofoffenses punishable byimprisonment exceeding 6 years
or a fine of any amount shallbecome permanent after 1 yearwithout the case having been
revived.
For offenses punishable byimprisonment of more than 6
-
7/29/2019 Remedial Law- Crim Pro
183/345
183
years, the provisional dismissalshall become permanent after 2
years without the case havingbeen revived.
After the provisional dismissalbecomes final, the accusedcannot be prosecuted anymore.
RULE 118 PRE-TRIAL
When is pre-trial required?
Pre-trial is mandatory in allcriminal cases cognizable by the
-
7/29/2019 Remedial Law- Crim Pro
184/345
184
Sandiganbayan, RTC, MTCs andMunicipal Circuit Trial Courts.
When should it beconducted?
After arraignment and within 30days from the date the courtacquires jurisdiction over theperson of the accused.
What happens during pre-trial?
The following things areconsidered:
-
7/29/2019 Remedial Law- Crim Pro
185/345
185
1. plea bargaining2. stipulation of facts3. marking for identification ofevidence of the parties
4. waiver of objections toadmissibility of evidence5. modification of the order oftrial if the accused admits thecharge but interposes a lawful
defense6. other matters that willpromote a fair and expeditious
trial of the criminal and civilaspects of the case
-
7/29/2019 Remedial Law- Crim Pro
186/345
186
What is the form requiredfor the pre-trial agreement?
Any agreement or admissionentered into during the pre-trial
conference should be:
1. in writing2. signed by the accused3. signed by counsel
Otherwise, it cannot be used
against the accused.
What is a pre-trial order?
-
7/29/2019 Remedial Law- Crim Pro
187/345
187
It is an order issued by thecourt after the pre-trial
conference containing:
1. a recital of the actions taken,2.
the facts stipulated, and3. the evidence marked.
The pre-trial order binds the
parties, limits the trial to mattersnot disposed of, and controls thecourse of the action during the
trial, unless modified by the courtto prevent manifest injustice.
-
7/29/2019 Remedial Law- Crim Pro
188/345
188
What is plea bargaining?Why is it encouraged?
It is the disposition of criminalcharges by agreement between
the prosecution and the accused.It is encouraged because it leadsto prompt and final disposition ofmost criminal cases. It shortens
the time between charge anddisposition and enhanceswhatever may be the
rehabilitative prospects of theguilty when they are ultimatelyimprisoned.
-
7/29/2019 Remedial Law- Crim Pro
189/345
189
When is plea bargainingnot allowed?
It is not allowed under theDangerous Drugs Act where the
imposable penalty is reclusionperpetua to death.
RULE 119 TRIAL
How much time does theaccused have to prepare for
trial?
After he enters his plea of notguilty, the accused shall have at
-
7/29/2019 Remedial Law- Crim Pro
190/345
190
least 15 days to prepare fortrial. The trial shall commence
within 30 days from receipt of thepre-trial order.
How long should the triallast?
The entire trial period should not
exceed 180 days from the firstday of trial, except if authorizedby the Supreme Court.
What are the duties of thepresiding judge under thecontinuous trial system?
-
7/29/2019 Remedial Law- Crim Pro
191/345
191
The judge should:
1. adhere faithfully to thesession hours prescribed by
laws;2. maintain full control of theproceedings;
3. efficiently allocate and usetime and court resources toavoid court delays.
In which cases is the timelimitation not applicable?
-
7/29/2019 Remedial Law- Crim Pro
192/345
192
1. Criminal cases covered bythe Rule on Summary
Procedure or those where thepenalty does not exceed 6months imprisonment or a fine
of P1,000: governed by theRules on Summary Procedure
2. When the offended party isabout to depart with nodefinite date or return: trialshall commence within 3 days
from the date of arraignment,and cannot be postponedexcept on grounds of illness ofthe accused or other grounds
-
7/29/2019 Remedial Law- Crim Pro
193/345
193
over which the accused hasno control
3. Child abuse cases: trial shallcommence within 3 days fromarraignment and cannot be
postponed except on groundsof illness of the accused orother grounds beyond hiscontrol
4.Violations of DangerousDrugs Law: trial shall befinished within 3 months from
filing of the information.5. Kidnapping, Robbery in aband, Robbery against aBanking or Financial Institution,
-
7/29/2019 Remedial Law- Crim Pro
194/345
194
Violation of the CarnappingAct, and other heinous crimes:
trial shall be finished within 60days from the first day of trial.
What are the periods thatshould be excluded in
computing the time withinwhich trial must commence?
1.Any period of delay resultingfrom other proceedings
concerning the accused2.Any period resulting from theabsence or unavailability ofan essential witness.
-
7/29/2019 Remedial Law- Crim Pro
195/345
195
3.Any period of delayresulting from mental
incompetence or physicalinability of the accused tostand trial.
4.
If the information isdismissed upon motion of theprosecution and thereafter acharge is filed against the
accused for the same offense,any period of delay from thedate the charge was dismissed
to the date the time limitationwould commence to run as tothe subsequent charge, had
-
7/29/2019 Remedial Law- Crim Pro
196/345
196
there been no previouscharge. (say what?)
5.A reasonable period of delaywhen the accused is joinedfor trial with a co-accused
over whom the court hasnot acquired jurisdiction, oras to whom the time for trialhas not run and not motion
for separate trial has beengranted.
6.Any period of delay from acontinuance granted by anycourt motu propio, or onmotion of either the accused orhis counsel, or the prosecution,
-
7/29/2019 Remedial Law- Crim Pro
197/345
197
if the court granted it on thebasis of finding that the ends
of justice served by taking suchaction outweigh the bestinterest of the public and the
accused in a speedy trial.
What are examples ofotherproceedings concerning
the accused which should beexcluded from thecomputation of time?
1. Delay resulting fr