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PART SEVEN1

RULES 116-118 ARRAIGNMENT & PLEA AND PRE-TRIAL


Pertinent pleadings: (1) Motion for Bill of Particulars (2) Bill of Particulars (3) Motion for Production and Inspection of Documents (4) Motion to Suspend Arraignment

I. ARRAIGNMENT
A. Nature and purpose Rule 116, sec. 1(a), (b), (e); DOJ-NPS Manual, Part VII; People v. Alicando, 251 SCRA 293 (1995); People v. Estomaca, 256 SCRA 421 (1996); People v. Parazo, G.R. #121176, July 8, 1999 People v. Ortega, Jr., 276 SCRA 166 (1997) B. Procedure; appointment of counsel de oficio Rule 116, secs. 1(a), (f), (g), 6-8; Const. (1987), art. III, sec. 11; Speedy Trial Act (RA 8493) Sec. 7, par. 2; C. Pre-arraignment Procedure and Remedies 1. Atttachment of PI Record, raffle and transmittal of records SC AM No. 03-1-09-SC, Part B1; San Juan v. Sandiganbayan, G.R. No. 173956, August 06, 2008 2. Motion for Bill of Particulars Rule 116, sec. 9; People v. Gutierrez, 91 Phil. 876 (1952); People v. Abad Santos, 76 Phil. 744 (1946); People v. Arlegui, 128 SCRA 556 (1984); Tan vs. Sandiganbayan, G.R. No. 84195, Dec. 11, 1989 3. Motion for Production and Inspection of Material Evidence in possession of the Prosecution Rule 116, sec. 10; People v. Roldan, 99 SCRA 422 (1980); People v. Palacio, 108 Phil. 220 (1960);

1 UPDATED: NOV. 29, 2012

4. Suspension of arraignment Rule 116, sec. 11; Rule 111, secs. 6, 7; DOJ Department Order No. 70 (Series of 2000); 5. Conditional arraignment, when valid People v. Espinosa, GR No. 153714-20, Aug. 15, 2003 Albert v. Sandiganbayan, G.R. No. 164015, February 26, 2009 6. Diversion Program for Juveniles in Conflict with Law RJCL, secs. 19, 20, 21, 22, 23, 24, 25;

II. PLEA
A. Nature and purpose; procedure Rule 116, sec. 1(a), (b), (c), (d), (e), (f), (g); RJCL, sec. 27; SC AM No. 03-1-09-SC, Part. B(2), (3),(4); DOJ-NPS Manual Part VII; B. Types of pleas 1. "Not guilty!" a. Denial; presumption of innocence Const. (1987), art. III, sec. 14(2); People v. Alba, 305 SCRA 811 (1999); b. Refusal to enter plea; conditional plea Rule 116, sec. 1(c); People v. Strong, 63 SCRA 113 (1975); c. Plea of guilt but with exculpatory evidence Rule 116, sec. 1(d); d. Withdrawal of improvident plea of guilt Rule 116, sec. 5; People v. De Ocampo Gonzaga, 127 SCRA 158 (1984); 2. "Guilty!" a. To a lesser offense [Plea bargain] Rule 116, sec. 2; Rule 118, sec. 1(a); SC AM No. 03-1-09-SC, Part B(5); People v. Villarama, 210 SCRA 246 (1992); People v, Mamarion, 412 SCRA 438 (2003);

b. Plea of guilty to non-capital offense Rule 118, sec. 4; c. Plea of guilty to capital offense Rep. Act No. 9346; Rule 116, sec. 3; People v. Sevilleno, 305 SCRA 519 (1999); People v. Lakindanum, 304 SCRA 429 (1999); People v. Alicando, 251 SCRA 293 (1995); People v. Serna, 130 SCRA 550 (1984); People v. Tiongson, 130 SCRA 614 (1984); People v. Camay, 152 SCRA 401 (1987); People v. Francisco, 635 SCRA 440 (2010) d. Effects of improvident plea People v. Molina, G.R. Nos. 141129-33, December 14, 2001; People vs. Gumimba, 517 SCRA 25(2007)

III. PRE-TRIAL
(Rule 118) A. Nature and purpose Rule 118, sec. 1; SC AM No. 03-1-09-SC, Part B(5), (6); RJCL, sec. 28; JJWA, secs. 23-31; DOJ-NPS Manual, Part VIII; B. Matters covered by pre-trial; effect of pre-trial agreement and pre-trial order Rule 118, secs. 1, 2, 4; SC AM No. 03-1-09-SC, Part B(7), (8), (9), 10); People v. Abelita, 210 SCRA 446 (1992); People v. Uy, 327 SCRA 335 (2000); C. Effect of non-appearance Rule 118, sec. 3; Fule v. CA, 162 SCRA 446 (1988);

RULE 119 - TRIAL


I. Order and Procedure A. Time to prepare for trial Rule 119, Sec. 1 B. Speedy and continuous trial 1. Continuous trial until terminated Rule 119, Sec. 2 a) Exclusions Rule 119, Sec. 3 b) Extended time limit Rule 119, Sec. 6 c) New Trial and time limit Rule 119, Sec. 5 2. Postponements & Continuance Rule 119, Sec. 2, par. 1 Rue 119, Sec. 4 3. Sanctions Rule 119, Sec. 8 4. Remedy if not brought to trial within time limit Rule 119, Sec. 9 C. The Constitutional Right To Speedy Trial & Law on Speedy Trial Rule 119, Sec. 10 RJCL, sec. 29; Cf. RA 8493, sec. 7 [par. 2]; DOJ-NPS Manual, Part IX; See also (1) Public Defenders duty where accused is detention prisoner Rule 119, sec. 7; Imperial vs. Joson, 635 SCRA 71(2010) Jacob vs. Sandiganbayan Fouth Division, 635 SCRA 94(2010)] Appointment of acting prosecutor Rule 119, sec. 20; B. Order of trial 1. Generally

Rule 119, secs. 11 DOJ-NPS Manual, Part IX, sec. 4, 12, 15, 16, 17; Exclusion of the Public Rule 119, Sec. 21 2. Trial of several accused Rule 119, secs. 16 3. Discharge of accused to be state witness & Effect Rule 119, Sec. 17 & 18 Requisites; Actual participation People v. Yambot, 343 SCRA 20 (2000)** Evidence to support discharge Merciales v. C.A., 379 SCRA 345 (2002)** PD 1732 (Providing Immunity from Criminal Prosecution to Government Witnesses and for Other Purposes, October 13, 1980) RA 6981 - ("Witness Protection, Security and Benefit Act") People v. Ocimar, 212 SCRA 711 (1992); People v. Ramirez, 169 SCRA 711 (1989); People v. Moreno, 208 SCRA 86 (1992); RA 6770, Sec. 17 Quarto v. Ombudsman, G.R. No. 169042, October 5, 2011 4. Consolidation of trials of related offenses Rule 119, Sec. 22 5. Mistake in charging the proper offense Rule 119, Sec. 19 See Amendment or substitution Rule 110, Sec.14 6. Reopening Rule 119, Sec. 24 Reopening Valencia v. Sandiganbayan, G.R. No. 165996, Oct. 17, 2005 See Rule 121 New Trial or Reconsideration C. Examination of witnesses outside or in advance of trial 1. Witnesses for the prosecution Rule 119, Secs. 15 2. Witnesses for the accused Rule 119, Secs. 12, 13 Jaylo v. Sandiganbayan, 370 SCRA 170 (2001)** Rule 21, Sec. 10 People v. Montejo, 21 SCRA 722 (1967)

3. Bail to secure attendance Rule 119, Sec. 14 D. Examination of Child Witnesses Child Witness Rule (CWR), secs. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 120, 21, 22, 23, 24, 25, 26, 27, 31 (c) E. Demurrer to the Evidence Rule 119, sec. 23; Rule 132, Sec. 34 Ocampo v. CA, 180 SCRA 27 (1989); Onas v. Sandiganbayan, 178 SCRA 261 (1989); Motion for leave of court Valencia v. Sandiganbayan, supra Waiver to present evidence People v. Cristobal, 646 SCRA 599 (2011) Not appealable People v. Sandiganbayan, 447 SCRA 291 (2004) People v. Saniganbayan, Marcos, et al., G.R. Nos. 153304-05, Feb. 7, 2012 But subject to review People v. Sandiganbayan & Barcenas, 645 SCRA 726 (2011)

RULE 120 - JUDGMENT


I. Definition and form Rule 120, sec. 1; People v. Lizada, 396 SCRA 62 (2003)** People v. Pablo, 98 SCRA 289 (1980); People v. Escober, 157 SCRA 541 (1988); People v. Toling, 91 SCRA 382 (1979); II. Types of judgments and remedies against such judgment A. Acquittal Rule 120, sec. 2 [par. 2]; Const. (1987), art. III, sec. 21; Rule 117, secs. 2(h), 7; Galman v. Sandiganbayan, 144 SCRA 43 (1986); Rule 65, sec. 1, 1997 Rules on Civil Procedure; Manantan v. CA, 350 SCRA 387 (2001); Right of private party to appeal Merciales v. C.A., 379 SCRA 345 (200) B. Conviction - Rule 120, sec. 2 [par. 1]; - Rules 121, 122-125; - Rule 119, sec. 24; C. Judgment in particular instances 1. Judgment for two or more offenses - Rule 120, sec. 3; 2. Judgment in case of variance between allegation and proof - Rule 120, sec. 4; Variance as to mode of rape People v. Pailano, 169 SCRA 649, (1989) People v. Guevara, 179 SCRA 740 (1989); Sayson v. People, 166 SCRA 680 (1988); Vino v. People, 178 SCRA 626 (1989); 3. Guidelines for Judging Juveniles in Conflict with the Law - RJCL, sec. 30;III. Promulgation, modification and finality of judgment A. Promulgation

- Rule 120, sec. 6; - RJCL, sec. 31; B. Modification - Rule 120, sec. 7; Tan v. People, G.R. No. 148194, April 12, 2002** - Rule 119, sec. 24; Cf. Rule 121; C. Finality of judgment - Rule 120, sec. 8; - Rule 120, sec. 7 [second sentence] (in death penalty cases);