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Rule 110
(Prosecution of Offenses)
Section 1 - Institution
- where Preliminary Investigation required (> 4years, 2 months, 1 day)
- all others
- proper officer
Inquest
Leviste vs Alameda 626 S 575
Procedure
Waiver of Article 125, Revised Penal Code
Prescription
Francisco v. Court of Appeals 122 S 538
Republic vs Cojuangco Jr 674 S 492
Condition Precedent to Filing of Case/When Direct to Court
Section 3 - Complaint
- offended party, how defined?
- peace officer
- intervention of prosecutor
Section 4 - Information
- distinguish from complaint
- concurrent jurisdiction of Ombdusman and other prosecuting agencies
People v Valdez 663 S 272
People v Asilan 669 S 405
People v Posada 667 S790
Injunction vs. criminal prosecution
People vs Grey 625 S 523
Non-offended party may file for PI?
Right to file personal?
Section 5 - Who Must Prosecute
Metropolitan Bank and Trust Co vs Reynado 627 S 88
Control of prosecutor
People v Dollano Jr. 659 S 740
Control by Court
Crespo v. Mogul 151 S 462
Perez v. Hagonoy Rural Bank 327 S 588
Sta. Rosa Mining Co. v. Zabala 153 S 367
Effect of Petition for Review to DOJ
Refusal of Prosecutor to Prosecute
Section 8 - Designation of Offense (including qualifying circumstances)
- P. v Elesterio 173 S 243
Section 13 Duplicity of offense
- only one offense
Manuel V. Pao 172 S 225
Section 14 Amendment or Substitution
Test of Prejudice to Accused
Amendment or Substitution: Distinguish
Who may initiate?
Teehankee, Jr. v. Madayag 207 S 134
People vs. Casey 103 S 21
Need for new preliminary investigation if substantial amendment
Leviste v Alameda 626 S 575
RULE 111
(Prosecution of Criminal Actions)
Civil liability, basis thereof
Lim vs Mindanao Wines 675 S 628
Consolidation of criminal action with criminal case
Naguiat vs. IAC 164 S 505
Cojuangco vs. CA 203 S 619
P vs Bayotas 236 S 239
Prejudicial Question
Ras vs. Rasul100 S 125
Librodo vs. Coscolluela 116 S 303
RULE 112
(Preliminary Investigation)
Section 1 - Definition and nature
Mandatory
Rolito Go v. Court of Appeals 206 S 138
Executive function
Abanado vs Bayona 677 S 595
Can be waived?
Villarin vs People 656 S 500
Effect of Absence of Preliminary Investigation
Section 6
People vs De la Torre-Yadao 685 S 264
Procedure on Preliminary Investigation
Distinguish: Preliminary Investigation and Inquest
Remedies before and after filing of info after Inquest
Leviste v Alameda 626 S 575
What is probable cause?
Drilon v. Court of Appeals 258 S 280
Allado vs Diokno 232 S 192
Soria v Desierto 450 S 339
Preferred Home Specialties v CA 478 S 387
Pineda Ng v People GR 189533 November 15, 2010
Tamargo vs Awingan 610 S 316
Remedy vs probable cause
Flores v Gonzales 626 S 661
Upon filing of info, court duty? Options?
People vs Court of Appeals 626 S 352
Appeal to DOJ, not to courts
Alejandro v Bernas 657 S 255
Remedy of accused if no Preliminary Investigation conducted
Effect of Appeal to DOJ
Rule 113
(Arrest)
Requisites for arrest warrant
Probable cause
Identification of person to be arrested
No need to personally examine complainant and his witnesses or conduct trial de
novo in determining probable cause
People vs Dela Torre-Yadao 685 S 264
Meaning of in his presence
People vs Alunday 564 S 135
When to challenge
People vs Santiago 642 S 639
Sy vs People 655 S 395
When waived? Effect?
Diega vs CA 655 S 399
People vs Racho 626 S 633
Meaning of probable cause; Reliable information not enough
People v. Doria 301 S 728
People vs Racho ibid
Personal Knowledge / Hot Pursuit
People vs Uyboco GR 178039, January 19, 2011
Definition
Zuo v. Cabebe 444 S 382
Rule 114
(Bail)
When discretionary?
before conviction
after conviction
penalty is imprisonment 6 years +; bailable under five circumstances but
subject to review after conviction of capital offense
Bail after conviction
Leviste vs CA 615 S 619
Bail In Capital Offenses
application by accused
hearing
Prosecution evidence (becomes part of trial on the merits)
Defense evidence
Capital offense
People vs. Dacudao, 170 S 489
Bravo v. De Borja 134 S 466
Denial of petition for bail; remedy?
Recognizance
only when allowed by law
a.
R.A. 6036
i.
violation of city/municipal ordinance
ii.
light felony; penalty not higher than six (6)
months and/or fine of P2,000.00
b.
P.D. 603
youthful offender can be commuted to
Department
of
Social
Welfare
and
Development if unable to post bail
Custody of the law vs jurisdiction over the person of the accused: Relevance?
Miranda v Tuliao 486 S 377
Alawiya v Court of Appeals GR 164170, April 16, 2009
Bail When Not Required
Bail Where Filed
Notice to Prosecution mandatory
Bail No Bar rule
Rule 115
Rights of Accused at Trial
To Due Process
Marquez vs Sandiganbayan 641 S 175
To be informed
People vs Francisco 635 S 440
To present evidence and be heard
Effect of Denial
People vs. Alicando 251 SCRA 293
No arraignment in absentia
Nolasco vs Enrile 139 SCRA 502
Trial
Trial in absentia
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Rule 124
(Procedure Court of Appeals)
Title of case to review the same
Rule in Filing Briefs: 30 30 20 (days)
Power to Receive Evidence
- instances
Motion for New Trial
Rule 125
(Procedure Supreme Court)
Same as in Court of Appeals
Effect when En Banc Court equally divided
Search Warrant
: defined
Rule 126
(Search and Seizure)
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