Spee REMEDIAL LAW REVIEWER. ATENEO For cases under the Revised Rules on Summary Procedure, ‘no warrant shall be issued except where the accused fallz 10 appear after boing summoned. CONDITIONS FOR THE ISSUANCE OF WARRANT OF ARREST: 1. Must EXAMINE in writing and under oath the complainant and his witnesses by searching questions ‘and answers (must be searching/probing; not merely ‘questions answerable by “yes” or “no"). 2. Be satisfied that a PROBABLE CAUSE exists. 3. That there is a need to place respondent under IMMEDIATE CUSTODY in order not to frustrate the ends of justice. RULE 113 ‘ARREST ER Section 1. Definition of Arrest ‘Arrest is the taking of a person into custody in order that he may be bound to answer forte commission of ans offense. ER cE Section 2. Arrest; how made |, £3 1 seceearasyel er Ee Sa maint epee od BO making the arest, Bil, B Obici) No wolence or unecessary force shal i sed an an arrest. The person arested shall not be, subject to treater restraint than s necessary for is e Bek s MODES OF ARREST: LL Arrest by virtue of a warrant 2. Arrest without @ warrant under exceptional ‘circumstances as may be provided by statute ESSENTIAL REQUISITES OF A VALID WARRANT OF ‘ARREST: 1. It must be issued upon PROBABLE CAUSE which ‘must be determined personally by a judge after examination under oath or affirmation of the. ‘complainant and the witnesses he may produce. 2. The warrant must PARTICULARLY DESCRIBE the person to be seized, Section 3. Duty of arresting officer 1. Arrest the accused 2. Deliver him to the nearest police station or jail ‘without unnecessary delay el EL OPERATIONS 2010 phe ‘Section 4. Execution of warrant ‘A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant isifted. However, head of the office shall cause the warrant to be executed within 10 days from receipt thereof. Within 10 ‘days after expiration of the period, the arresting officer assigned to execute the same shall submit a report to the judge who issued the warrant. In case of his failure to ‘execute the warrant, he shall state the reasons thereof. ‘© The return mentioned in this section refers not to the Physical delivery of the very same copy of the process. to the issuing court, but the report of the officer charged with its execution on the action taken by him thereon, (People v. Givera, 249 SCRA 513) JUDGE ISSUES A WARRANT OF ARREST IN 2 the filing of the information by the ‘this kind of warrant, the judge does not _pesoraly examine the complainant and the witnesses he may produce, but ‘he merely evaluates personaly the report and supporting documents and other evidence adduced during the preliminary investigation and submitted to him by the prosbautor, and if he finds probable cause on the basis thereof he issues the warrant for the arrest6f the accused, application ofa peace officer. Kind of warrant, the judge must personally ‘examine the applicant ard the witnesses he may produce to find out whether there exists probable ‘cause, otherwise the warrant issued is null and oid. He must subject the comphinant and the witnesses to searching questions. The reason for this is there is yet no evidence on record upon which he may determine the existence of probable & Be ‘Section 5. Arrest without a warrant; when lawful LAWFUL WARRANTLESS ARREST: 11. When IN HIS PRESENCE, the person to be arrested has committed, is actually committing oF is attempting to commit an offense (IN FLAGRANTE DELICTO ARRESTS). 2. When an offense has just been committed and he hhas probable cause to believe based on PERSONAL KNOWLEDGE of fact and circumstance that the person to be arrested has committed it (BocTRINE OF HoT PURSUT). ~ Advises: Atty. Guevara ty Arroyo Atty. Salvador Ay. Viniuan jodge Bonfacic; Heads: Gariaca Faylona, Maria Kristina Santos; Understudy: Roxanne Tadhique, Alexis Cimagals; Volunteers: Grace Escasia, ina Blanka Siva, Nash Marohiomsali,K Suarez —‘Tried jointly “The consolidated criminal and civil cases shall be tried and decided jointly GENERAL RULE: EXTINCTION OF PENAL ACTION DOES NOT CARRY EXTINCTION OF CIVIL ACTION WHERE: 1. The acquittal is based on reasonable doubt, ifthe civil case hes been reserved. 2. The decision contains a declaration that the lability is ‘Rot criminal but only cvilin nature. 3. The cul lobiity is not derived from or based on the criminal act of which the accused is acquitted, (Sopiera v. Court of Appeals, 314 SCRA 370) EXCEPTION: If there is a finding in the final judgment in the criminal action that the act or omission from which the chil ability may aise did not exist. yD OPERATIONS 2010 Instuted, when the accused died, then such chil action will proceed and substitution of parties shall be ‘ordered by the court pursuant to Sec.16 Rule 3 of the Rules of Court. [BEFORE ARRAIGNMENT: ‘The chil action impliedly instituted in the criminal action shall be dismissed without prejudice to the offended party's filing a civil action against the estate of the deceased. PENDING APPEAL OF HIS CONVICTION: ft extinguishes his criminal Hability as well as the civil liability based solely thereon. PRIOR TO FINAL JUDGMENT: POSER Galt terminates his criminal lability and only the cv ability Section 3. When civil action may ‘proceed independently 7 GENERAL RULE: Independent civil actions under Arts. 32,8 33, 34 and 2176 of the Chil Code: “GE The herent icv actions based on Arts. 2,33, 34 and 2276 abso the defendant from cv bity does not © “bar the criminal action. ‘@. May be brought by the offended p b. Proceed independent of cial acts? a ¢. Require cnly a preponderance 7 EXCEPTION: A plaintiff cannot rocovetdarmaijes twice fot | | { NOTE: Where the criminal case was dismissed before trial ‘the same actor omission of the defendant. =. ybecause the offended arty executed on affidavit of 1 1) desstance, te chil action thereot i similarly dismissed. PURPOSE: To make the cours ceposipn of thecal! ; ‘6. Suspension by reason of prejudicial Sea feeea eee SH Section 4. Effect of death on civil actions es [AFTER ARRAIGNMENT AND DURING THE PENDENCY OF ‘THE CRIMINAL ACTION: ‘GENERAL RULE: Death extinguishes the civil labity arising from delct or the offense EXCEPTION: Where civil (ability is predicated on other sources of obligations such as law, contract, quast-contract and quasi-delict: ‘+ The action may be continued against the estate or legal representative of the accused efter proper substitution, or against said estate, as the case may be. Heirs of the deceased shall be substituted for the deceased. The criminal case is reduced to a civil action. ‘= However, if the civil action has been reserved and subsequently filed or such civil action has been PREJUDICIAL QUESTION One which arises in a case, the resolution of which is 2 logical antecedent ofthe issue involved therein and the cognizance of which pertains to another tribunal 1. Suspension of the criminal case due to a prejudicial {question is only a procedural matter, and is subject to 2 waiver by virtue of prior acts of the accused no ‘prejusicial question where one case is administrative and the other s civil. PURPOSE: To avoid two conficting decisions. WHERE TO FILE PETITION FOR SUSPENSION BY REASON (OF PREJUDICIAL QUESTION 1. Office of the Prosecutor; oF 2. Court conducting preliminary investigation. ~-Advisers: Atty. Guevarra Aity. Arroyo Aity. Salvador Aty, Vinlvan Judge Gonifacio; Heads: Cafés Faylona, Maria | Santos; ‘Understudy: Roxanne Tadique, Alesis Cimagala; Volunteers: Grace Escosa, Ina Bianka Siva, Nash Marohomsail, K Suarez ~ 196REMEDIAL LAW REVIEWER. VEN TIME To PLEAD When the criminal action has been filed in court for trial, the petition to suspend shall be filed in the same criminal ‘action at any time before the prosecution rest. Section 7. Elements of prejudicial question 1. The civil action must be instituted PRIOR to the criminal action; 2. The civil action involves an issue similar or intimately related to the isue ralsed in the subsequent criminal action; 3. The resolution of such issue determines whether or ‘ot the criminal action may proceed. RULE 112 PRELIMINARY INVESTIGATION 2. To preserve evidence and keep within the control ofthe State, tise 3. To determine the amount of ball, if the offense’ bailable. WHEN REQUIRED: BEFORE the filing of @ complaint or information for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine. ‘tis not part of the trial ofthe criminal action in court. Nor is its record part of the record of the case In the RIC. The dismissal ofthe case by the investigator will ‘ot constitute double jeopardy and will not bar the filing of another complaint for the same offense, but if re-fled, the accused is entitled to another preliminary investigation (U.S. v. Marfor, 35. Phi 666). ee D OPERATIONS 2010 The right of an accused to a preliminary investigation fs ‘not a constitutional but merely a statutory right. Nonetholass it is a component part of due process in Criminal justice and is a substantive right. itis subject to the requirements of both substantive and procedural due process. ‘The right to a Pl. isa personal right and may be waived ‘expressly or by implication. Lack of preliminary investigation is not a ground to quash or dismiss. @ ‘complaint of information, nor does it affect the court's jurisdiction, + ff there was no preliminary investigation and an objection was raised, the court, instead of dismissing the complaint or information should order the ‘conduct of such investigation. (Doremal _v. = Sandiganbayan, 117 SCRA 354) ; no 7 Section 1., Preliminary investigation defied; when wi SFE cles tte the acored pe 2. Sionce ofthe accused, 2. Failure to request it within S days from the time he ‘ears ofthe fing ofthe complaint or information in those instances where the accused i lawfuly amested without a warrant. y REMEDIES OF THE ACCUSED IF THERE WAS NO _gPRELIMINARY INVESTIGATION: = (4. Refuse 19 enter a plea upon arraignment and object E55 tofunter proceedings upon such ground, 2. Inston a preliminary investigation. 3 lack of prefiminary investigation as error on 2 appeal 4, Flea petition for certiorari. 5. Fle for petition for prohitition. NO RIGHT OF PRELIMINARY INVESTIGATION, When 2 person is lawfully arrested without @ warrant unless there is a waiver of the provisions of Article 125 of the Revised Penal Code. HOWEVER, THE ACCUSED CAN ASK FOR PRELIMINARY INVESTIGATION IN THE FOLLOWING CASES: 1. a person is arrested, he can ask for preliminary investigation BEFORE the fling of the complaint/ information BUT he must sign a waiver in accordance ‘with article 125, RPC, 2 AFTER the filing of the information/complait, the ‘accused may, within 5 days from the time he learns of its fing ask for preliminary investigation, Advisers: Atty. Guevarra Atty. Arroyo Atty, Salvador, Aly. Vinluan,ludge Bonifacio; Heads: Carissa Faylona,' Understudy: Roxane Tadique, Alexis Cimagata; Volunteers: Grace Escosi, Ina Blanka Siva, Nash Marohorsali,K Suarez 197REMEDIAL LAW REVIEWER eas NOTE: This Rule has been partially amended by AM 05-0- 8-26SC. The amendments took effect on October 3, 2005. The amendment removed the conduct of preliminary Investigation from the judges ofthe ist level courts. Section 2. Officers authorized to conduct Preliminary investigation eT) OPERATIONS 2010 ‘exclusion from its jurisdiction of cases invoWvng public ‘officers and employees cognizable by the other courts. (Uy v. Sandiganbayan, G:R. Nos. 105965-70 2001) ‘+ In criminal prosecutions, a reinvestigation, tke an ‘appeal, renders the entire case open for review, regardless of whether a motion for reconsideration oF ‘einvestigation was sought. The Ombudsman should rot be limited in its review. I is clea from R.A. 6770 L 2 3. Provincial or city prosecutor and their assistants ‘National and regional state prosecutors Such other officers as may be authorized by law such that the Ombudsman may motu propio conduct a relavestigation. (Roxas v. Vasquer, GR. No, 114944 4s the COMELEC, Ombudsman and PCG NO LONGER AUTHORIZED TO CONDUCT PI: 8y implication, MTC judges in Manila and in chartered cities have not been granted the authority to conduct PI, as the officers authorized to do so are the prosecutors. ee PRELIMINARY INVESTIGATION: 1 wend filed with the MIC for P; 2. Those cognizable by the MTC for offenses Sect eas and BOK REGARDING OFFENSES FALLING JURISDICTION OF THE SAN! Prosecutors or MIC judges condicting Phot offer faling within the orginal jursciction ofthe Sandigaitayen, shal after their conclusion, transmit the records anid theif resolutions to the Ombudsman or Wi. deputy for! ‘appropriate ation. Moreover, the prosecutor or judge cannot dismiss the complaint without the prior written authority of the ‘Ombudsman or his deputy, nor can the prosecutor file an information with the Sandiganbayan without being deputized by, and without prior written authority of, the ‘Ombudsman or his deputy. ‘+ The Ombudsman Is Gothed with authority to conduct Preliminary investigation and to prosecute all criminal cases involving public officers and employees, not only those within the jurisdiction of | the Sandiganbayan, but also those within the jurisdiction of the regular courts. § 15 of RA 6770 (Ombudsman Act of 1989) does not make any distinction. “Any illegal act or omission of ony public official” is broad ‘enough to embrace any crime committed by a public ‘officer or employee. Such grant of primary jurisdiction over cases cognizable by the Sandiganbayan does not necessarily imply the lai 2001) ELECTION OFFENSES: ‘The exclusive jurisdiction of the COMELEC to investigate and prosecute election offences inheres even if the ‘offender is a private Individual or public officer or not. In other words, it is the nature of the nse, flamely, ap election offence as defined in the ‘Onmnibus Election Code and in other election laws, ond not “the personality of the offender that matters. ‘Ombudsman to make investigation extends to any legal act or omission of any public oficial, whether or not the same is committed in relation to his pursuant to Rule 11 of the Rules of Procedure Office of the Ombursman. Section 4d) of Administrative Order No. 07 disallows the filing of a motion to quash or dismiss 3 complaint fled with the Ombudsman, except on the ground of lack of jurisdiction. Which remedy may an aggrieved party avail of against resolutions of the Ombudsman in criminal or non administrative cases? The law is silent. Hence, appeal is not available as a remedy because the right to appeal is a statutory privilege and may be availed of only if there is a statute to that effect. However, an aggrieved party is not without remedy, as he can resort to the special cll action ‘of certiorari under Rule 65, —Aévisers Ait. Guevara Atty. Arroyo Aly, Serador Ay. Vrivan,hdge Bonifacio; Heads Garis Faylona, Maria Katina Santos, Understudy: Roxanne Tadique, Alexis Cimagata; Voluntoers: Grace Escosi, Ina Bianka Sta, Nash Macohiomsalic, K Suarez — 198tel eT OPERATIONS 2010 THE OMBUDSMAN DOES NOT HAVE THE FOLLOWING POWERS: 1. to prosecute before the Sandigantayan any impeachabie officers with any offense which carries with it the penalty of removal from office, ‘or any penalty service of which would amount to removal from office because by constitutional ‘mandate, they can only be removed from office ‘on impeachment for, and conviction of, culpable Violation of the Constitution, treason, bribery, graft and corruption, other high crimes, oF betrayal of public trust ‘to prosecute public officers or employees who have committed election offenses. to file an information for an offense cognizable by the regular courts. EFFECTS OF AN INCOMPLETE INVESTIGATION 1. tt does not warrant the information 2. It does not affect the court’ jurisdiction or the gti validity of the information, ee ba, tegt = ays Section 3. Procedure bhik®: s be Be r 1 by rem of the sheiMhowre' L Preliminary lnvestigation, ° dlcmiscal “of the’ Resolution of investigating prosecutor. charges as a resuit thereof is not Judicial pronouncement of aéquital, The accused or respondent’ prosecution may avail himcelf “of, remedies either during preliminary investi ‘or when the information has already been filed in court. A motion to dismiss is now a prohibited pleading. daring preliminary investigation. ‘The respondent is now required to submit counter-affidavits and other supporting documents relied upon by him for his defense. ‘The respondent has now the right to examine the evidence submitted by the complainant of which hhe may not have been furnished and to obtain ‘copies thereof at his expense. Advisers Atty. Guevarra ity. Arroyo Atiy. Saivadoraty.Vinluan Judge Goniiado; Heads: Glarssa aylona, Marla Kctna Santon; SroneR SL SP EEATIOE & criminal {2} Fling ofthe complaint accompanied by the affidavits and supporting documents. I ‘Within 10 days after the fing, the investigating officer shall either dismiss or issue subpoena. ES lsubpoenais issued, respondent shall submit a counter affidavit and other ‘supporting documents within 10 days from ——_+ Hearing (optional). shall be held within 10 days from submission of counter affidavits or from the expiration of the period of their submission. Mast be terminated within 5 espéident cannot be subpoenaed, of subpoenaed but not submit his counter-affidavit within 10. days, tovestiqating ofcer shall resolve the complaint based on the evidence presented bythe complainant 5 RIGHTS OF RESPONDENT IN A PRELIMINARY INvEsTGaTION: 1. Tosubmit counter-afidavit 2. Toexamine the evidence submitted by the ‘complainant 3. Tobe present in the clarificatory hearing. NOTE: The Rules do not require the presence of the respondent in the Preliminary Investigation. What is ‘required is that he be given the opportunity to controvert the evidence of the complainant by submitting counter- affidavits, Understudy: Roxanne Tadique, Aleis Cimagala; Volunteers: Grace Escosl, Ina Bianka Siva, Nash Marohomsalie, K Suarez‘When the person to be arrested isa prisoner who hhas escaped from a penal establishment or place where he i serving final judgment or temporarily confined while his case is pending or has escaped hile being transferred from one confinement to another. 4. When a person who has been lawfully arrested escapes oris rescued (Sec. 13, Rule 113). 5. By the bondsman for the purpose of surrendering the accused (Sec. 23, Rule 113) 6. Where the accused attempts to leave the country without permission of the court (Sec. 23, Rule 314). ores: 1 Ina zen’ ares, the person may be arrested and searched of his body and of his personal effects or belongings, for dangerous weapons oF anything which may be used as proof « commission of an offense, without search warrant. Sec. Sb) authorizes warantestarest “when an _ word “ust” implies. in point of tims. ATENEO el eT OPERATIONS 2010 Section 7. Method of Arrest by officer by virtue of warrant {form the person to be arrested of the 2 Cause of the arrest and The fact that a wasrant has been issued for his arrest. ‘EXCEPTIONS: L Whenhe fees; oF 2. Forcibly resists before the ofticer has opportunity to so inform hien; or 3, When the giving of such information will imperil his arrest. ‘The officer need not have the warrant in his possession at the time of the arrest but after the arrest, Ifthe person arrested so requires, the warrant shall be shown to him as a gD eit, Section'&. Method of arrest by officer without o ‘offense has in fact just beef committed” The gis" armint, Deh the etme peta ot apg A. me peg be reed of judical authorities megre ahe-tleg’ at tec Mau ‘complaint or information wii the mirc tral b Thecage of the ares court oF with the inquest;tiial oF prosecutor | tho shal then decte ether ‘Gf the detained person or i file .the Conempondingintomstonigcoad” CERT Y 4, An accused who enters his plea of NOTE ad participates inthe tral wokes the legality ofthe ares, Objection tothe Meaty must be raed ‘before arraignment, —— doomed waived, asthe accused hed wotutar Submitted himself tothe fursicion of the cour + The usual procedure ina buy-bust operation is forthe police offices to arcest the pusher of drugs at the very moment he hands over the dangerous drugs to the poseur-buyer. Ina case where the poseur-buyer calls up his superior after receiving the money, and only thereafter gives a go-signal to arrest the suspect, ‘the operation isan illegal raid rather than a buy-bust ‘operation. [People v. Lim, G., NO, 141699, August 7, 2002} Section 6. Time of making arrest ltmay be made on any day and at any time of the day or. ight. ordre eee) —Advisers: Alty. GuevarraAty. Ary Aty, Salvador Atty, Viniuan judge Bonifacio; Heads: Garssa Faylona, Maia ke EXCEPTIONS: ‘1. When the person is engaged in the commission of an EE offense; 0° 29/25 Pwsued immeditely afters commission; or Has eaped, flees: or ._ oly resis before the officer has opportunity to susp Painborn br or 5. When giving of such information wil imperil the ares. Section 9. Method of arrest by private person Inform the person to be arrested of: a. Iatention to artest him and b, The cause of the arrest. EXCEPTIONS: |. The person to be arrested is engaged in the commission of an offense; or 2. Pursued immediately after its commission; oF 3. Has escaped, flees; of 4. Forcibly resists before the officer has opportunity to so inform him; oF When giving of such information will imperil the arrest. 32 Santos Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers Grace Escosa, na Blanka Siva, Nash Marchomsalic,K Suarez 208Arresting officer may orally summon as many persons as hhe deems necessary to assist him in effecting the arrest. NOTE: This rule does not covera private individual making an arrest. Section 11. Right of officer to break into building or enclosure REQUISITES : ‘L That the person to be arrested is ork reasonably believed to be in the said building; 2. That he has announced his authorty and purpose for entering therein; 3 That he has requested and been denied admittance. NOTE: Rule s applicable both where there igaarrant and ‘where there isa valid arrest without a wartant. Section 12. Right to break out of the building ons: enclosure'to effect release ee * An officer making an ares who Has rs Sung’? enclosure may break out therefor when mtiscary to berate himset. ao ae Section 13. Arrest after escape or rescug aes Ifa person arestd escapes ors 14 person may immediately pursue oF retake him without a warrant at anytime and in any place within the Philippines. Section 14. Right of an attomey or relative to visit the person arrested ‘The attomey of the person arrested has the right to visit ‘and confer privately with such person in ail or any place of ‘custody at any hour ofthe day of night. RA 7438 defined the RIGHTS OF PERSONS ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION with the penalties for violation thereof. Custodial investigation Involves any questioning initiated by law enforcement officers after a person has been taken inta custedy or ‘otherwise deprived of his freedom of action In any significant way. 2 OPERATIONS 2010 WHEN RA 7438 APPLES {Ris only after investigation ceases to be a general inquiry into an unsolved crime and begins to focus on a particular suspect, the suspect Is taken into custody, and the police ‘carries out a process of interrogations that lends itself to eliciting incriminating statements that the rule begins to operate. Embraced in custodial investigation: a. Invited for questioning BL Reenactment Not embraced in custodial investigation: a Police line-up b. Utraviolet ray examination © Normal audit examination by the COA of the ‘accountability ofa public officer "men the threst or promise was made by, or in the presenég, of, a person in authority, who has, OR is stippased'by the accused to have power or authority to $i tm tet or oe, the caneston othe ace inadmissible: Presumption of regulary in the performance of duties: ‘Does. not apply during in-custody investigation, nor can it Dreval over the constitutional right of the accused to be resumed innocent. he ‘fice may be held chil able for damages ler Art,32 ofthe CuilCode. The very nature of At. 32 is thatthe wrong may be civil or criminal. tt is not fy that there should be malice or had faith. ‘On CIVIL PROCEDURE, es applicable to criminal cases: Section 20 Rule 14 of the 1997 Rules of Civil Procedure provides in part thatthe inclusion in a motion to dismiss of| fother grounds aside from lack of jurisdiction over the Person of the defendant shall not be deemed a voluntary ‘appearance. Section § Rule 15 provides that subject tothe provisions of Section 1 Rule 9, a motion attacking 2 order, or all inluds ‘objections then availa all_ objections not _so Included shall be deemed waived. These changes in the 1997 Rules of Cwil Procedure are applicable to criminal cases a Section 3 Rule 1 thereof provides that “these rules shall govern the procedure to be observed in actions, civil or criminal, end special Proceedings.” Moreover, the omnibus motion cule applies 10 motions to quash, — Advisers: Atty. Guevarra Atty. Arroyo, Atty. Salvador Ay, Viniuan judge Bonifacio; Heeds: Carissa Faylona, Maria Kristina Santos; ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, Ina Blanka Siva, Nash Marohomsali,K Suarez — 205REMEDIAL LAW REVIEWER s ATENE 3 Section 26 of Rule 114 of the New Rules of Criminal Procedure provides that bails not a bar to objection on ilegal arrest, lack of or irregular prefiminary investigation. This is an abandonment of the Cajuangeo, Jt, Sandiganbayon ruling. RULE 114 BAIL Section 1. Bail defined ft is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to gusrantee his appearance before any court as required Under the concitions hereinafter specified. PURPOSES OF A BAIL: 1L.To honor the presumption of in {guilt is proven beyond reasonable: 2. To enable him to prepare his. without ‘being subject to punishment prior to conviction. FORKS OF Bai: 1. Corporate surety 2. Property bord 3. Gash deposit 4. Recognzance sven by the accused with fone or more sureties and made payable to the proper officer with the condition to be void upon performance by the accused of such acts as he may tegally be require to perform, NOTE: A person is “in the custody of law” when he has bbeen arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities, As bail is intended to obtain of secure one’s provisional liberty, the same cannot be posted before custody over him has been acquired by the court. Upon assumption of the obligation of bai, the sureties ‘become in law the jallers of thelr principal. sD OPERATIONS 2010 PROSECUTION WITNESSES MAY ALSO BE REQUIRED TO POST BAIL. TO ENSURE THEIR APPEARANCE AT THE TRIAL ‘OF THE CASE WHERE: 2. There is a substitution of information (Sec. 4, ule 120) b Where the court believes that a material witness ‘may not appear at the tral. (Sec: 14, Rule 129) REQUIRING ARRAIGNMENT BEFORE GRANT OF BAIL 1S NOT VAUD BECAUSE: a. The trial court could ensure the presence of the accused at the arraignment precisely by granting bail and ordering his presence at any tage ofthe roceedings such as arraignment (Sec. 2), Rule 114}; 1b. The accused wil be placed ina positon where he thas to choose between 1) fling a motion to quash and thus detay is release on bail and; 2) foregoing the filing of a mation to quash so that “age tn be svcd at oer an Brea be sed on:bal. (Lavides v. Court of Appeals, 324 SIA 321) jess the court directs otherwise, the bail bond posted by an accused remains in force at all stages of the case until promulgation of the judgment of RTC. The accused shall appear before the proper court whenever required by the court or rules. Failure of the accused to appear at the trial ‘without justification despite due notice shall be deemed a waiver of his right to be present thereat. The trial may proceed in absentio. 4 The bondsman shall surrender the accused to court for execution ofthe final judgment. NOTE: ff the accused presents his notice of appeal, the tial court will order the accused to be taken into custody inthe absence of a new bal bond on appeal éuly approved by the court. If the accused does not appeal, the bondsman must produce the accused on the 15th day {rom promulgation of sentence for service of sentence. ds: Crise Feyloa, Mara Kistina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escnsia, Ina Blanka Siva, Nash Marohomsalic,K Suarez — 206TD es es ‘© The prohibition against requiring excessive bail is enshrined in the Constitution. The obvious rationale is that imposing ball in an excessive amount could render meaningless the right to bail. The court has ‘Wide latitude in fixing the amount of bail. Courts are ‘advised that they must not only be aware but should also consider the Bai) fond Guide due to its significance in the administration of criminal justice. Yap v. CA and the People, G.R. No. 141529 2001) Section 3. No release or transfer except on court order or bail No person under detention by legat process shall be released or transferred except upon order of the court or ‘when he is admitted to bail ‘Section 4, Bail, a matter of right; exception WHEN BAILIS A MATTER OF RIGHT: feneral rule that an accused is entitled to bal (except na capital offense where the evidence of gull is strong). RATIONALE: The unique structure of the military justifies, exempting miltary men from the constitutional coverage ‘onthe right to bal. ‘¢ The right to bat! is not available to miltary personnel cr officer charged with a violation of the Articles of ‘War. (Aswatv. Galido, 204 SCRA 205) ‘BAIL IN EXTRADITION PROCEEDINGS: ‘* The constitutional right to bail is available only in criminal proceedings. tt does not apply to extradition proceedings because extradition courts do not render judgments of conviction or acquittal. A should apply for bail before the courts trying the criminal case _against him, not before the extradition court. Bail is ‘ot a matter of right in extradition cases. However, ‘may be applied for and granted 2s an exception, a) t musaunrenornct ‘ly upon a clear and convincing evidence that once 2% Before conviction by RTC/for atl offenses NOTE: Prosecution does not have the ri reeetclen brian fee WHEN BALLS A MATTER OF. 1 38efre conviction, in death, econ perpetual pene 2. After conviction by the Ftc of a on-capita: offense , : ‘ i NOTE: Prosecution entitled to present teria ‘+ Im hearing the petition for bail, the prosecution has the burden of showing that the evidence of guit is strong pursuant to § 8 Rule 114. in bail proceedings, the prosecution must be glven ample opportunity to show that the evidence of guitt is strong. While the proceeding is conducted as a regular tral, ft must be limited to the determination of the bailablity of the ‘accused. It should be brief and speedy, lest the purpose for which itis available is rendered nugatory People v. Singh, et. ol, GR. No, 129782 (2001) RIGHT TO BAIL MAY BE WAIVED. BAILIN COURT-MARTIAL OFFENSES: ‘The right to bal of an accused miltary personne! triable by courts-martiat does not exist, as an exception to the . Se eile MEE S “ grantéd, the applicant will not be flight risk or a ‘danger ‘fo the community; and that there exist _spetial, humanitarian and compelling sircumstances. (Government of USA vs Purganan & fimenez GR. 18571 Soper 24,2002) NOTICE OF HEANG REQUIRED. Whether bait a matier of right or of discretion, ‘of hearing is required to be given to the fiscal or at least he must be asked for his on because in fixing the amount of bal, the ‘required to take into account a number of factors as the applicant's character and reputation, forfeiture of other bonds or whether he isa fugitive from justice. HEARING IS NOT REQUIRED: a. If bail is recommended by prosecution b. itisa mater of right ‘Summary of the evidence for the prosecution The court's order granting or refusing tail must contain a summary of the evidence for the prosecution, otherwise the order granting or denying ball may be invalidated ‘because the summary of the evidence for the prosecution which contains the judge's evaluation of the evidence may be considered as an aspect of procedural due process for both the prosecution and the defense. would be premature, not to say incongruous, to fle a petition for ball for someone whose freedom has yet to be curtailed. Advisers: Atty. Guevarra,Aty. Aroyo,Aty. Salvador Att. Vinluan judge Bonifacio; Heads: Carissa Faylons, Santor; Understudy: Roxanne Tadique, Alexis Cimagata; Volunteers: Grace Escosla na Blanka Siva, Nash Marohorrsai,K Suarer— 207‘An accused who has been convicted of an offense which Carries a penalty of more than 20 years Is not entitled to ball during the pendency of his appeal. ‘An accused who is convicted of a capital offense is no fonger entitied to ball on appeal since his conviction imports that the evidence of guts strong. 2. Trial court may grant bail before appeal is perfected Whether bails a matter of right or discretion, the trial ‘court may grant bail and approve the amount of the bail bbond before the accused has perfected his appeal, appeal being perfected upon filing of a written notice of appeal CENTRAL BAR ee @ That there is undue risk that he may commit ‘another crime during the pendency of the appeal. ‘Section 6. Capital offense, defined CAPITAL OFFENSE is an offense which, under the taw existing at the time of its commission and of the application for admission to bail may be punished with death. NOTE: RA. No. 9346 entitled “An Act Prohibiting the Imposition of Death Penalty in the Philippines” was enacted on June 24, 2006 repealing R.A. No. 8177 and R. A. No. 7659 and abolishing the death penalty. Section 7. Capital offense or an offense punishable and furnishing the adverse party copy thereof. “rman ppt ee erent However if the decision of the trial coust‘Zonvicting the accused changed the nature of the offense from non ballable to bailable, the application for bail can only Se fod with ndesolved bythe appelitecourt. ae: Even i there fs no notice of appl tt ec ‘TC convicting the accused the “nature offense from non-bailable to balbis the application for bail ean fled with and reloived by the appellat court . Y y # tf 3. After appeal is perfected, the'triat cout ioses! ! 9 ay Jurisdiction to grant ballad to appre ball bond. “| Capstitution) ‘ter ection by the til court, the acnused convicted fa copia offersdis no longer entitled to bal, and can only be relesed when the conviction is reversed by the eee "Section 8. Burden of proof in bail application © When the offence & punishable by recusinperpetua or “Wieimprisonient, the proseaition has the burden of Swing that evidence of eats tong. (OF GUILT in the Constitution and the Rules aaa may apety foe bil or gf 13 fig of nocence or cpabiy regres of liberty with the appellate court. Wf THE PENALTY IMPOSED BY THE TRIAL COURT IS IMPRISONMENT EXCEEDING 6 YEARS, THE ACCUSED ‘SHALL BE DENIED BAIL OR HIS BAIL. BE CANCELLED UPON ‘A SHOWING BY THE PROSECUTION OF THE FOLLOWING: a Accused is a recidvist, quasirecidvist or habitual delinquent or ‘has committed the crime aggravated by the circumstance of relteration; b, That he has previously escaped from legal confinement, evaded sentence or violated the condition of his bail without valid justification; © That he committed the offense while under probation, parole ar conditional pardon; d. That the circumstances of his case indicate the probability of fight released on bail; ar Advisers: Atty. Guevarra Atty. Arroyo,Atty. Salvador Aty. Vinluan Judge Bonifacio; He Regarding Minors Charged with a Capital Offense |W the person charged with a capital offense, such as ‘murder, admittedly a minor, which would entitie him, if convicted, to a penalty next lower than that prescribed by law, he is entitled to bail regardless of whether the evidence of guit is strong. The reason for this is that one. who faces a probable death sentence has a particularly strong temptation to flee. This reason does not hold where the accused has been established withaut objection ‘to be minor who by law cannot be sentenced to death. Duty of judge to conduct hearing Where the prosecution agrees with the accused's appiication for bail or forgoes the introduction of evidence, the court must nonetheless set the application for hearing. tis mandatory for the Judge to conduct a hhearing and ask searching and claficatory questions for 7 aoe 7 ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, a Blanka Silva, Nash Marohomsalic, K Suarez — 208the purpose of determining the existence of strong evidence against the accused; and the order, after such hearing, should make a finding that the evidence against the accused is strong. ‘Section 9. Amount of bail; guidelines ‘THE JUDGE SHALL FIX A REASONABLE AMOUNT OF BAIL ‘CONSIDERING PRIMARILY, BUT NOT LIMITED TO THE FOLLOWING FACTORS: Financial ability ofthe accused to give ball; Nature and circumstances ofthe offense; Penalty for the offense charged; Character and reputation of the accused; ‘Age and health of the accused; Weight of the evidence against the accused: Probability ofthe accused appearing at the trial; Forfelture of other bail; rep opange justice when arrested; and i Banden of ater aes where cased on + whatever the cal recommeids 35 bail forthe provisional release of atau recommendatory. The Judge “sti: retains the discretion to apply the precddeis laid down bythe ‘SC regarding the reasonable Rataie of the fail to be: required. it is not bound by the Fiscals tecommendation (Amaya v. Orda. GR. No. BOS, September 5, 1968) % Section 10. Corporate Surety BAIL BOND ‘a. May be provided by any domestic or forvign corporation, licensed as surety in accordance with law and currently authorized to act as such b. Subscribed jointly by the accused and an officer Of the corporation duly authorized by the board of directors. NOTE: The term of the bail bond is not dependent upon faithful payment ofthe bond premium. Section 12. Property bond; how posted PROPERTY BOND is an undertaking constituted as 2 fen ‘on the real property given as security for the amount of the bail, CENTRAL BAR OPERATIONS 2010 acs ont = ‘Within 20 days after the approval ofthe bond, the accused shall annotate the fen on the certificate of title with the Registyy of Deeds and on the corresponding tax declaration in the office of the provincial, city and: ‘municipal assessor concerned. Falture to do so shall be sufficient couse for cancellation of the property bond and his rearrest and detention, Section 12. Qualifications of sureties in property bond ‘2 Each must be a resident owner of real property within the Philippines; 1b. Where there is only one surety, his real estate ‘must be worth at least the amount of the undertaking; cf there are two or more sureties, each may justify in an amount less than that expressed in ‘ Sor the undertaking but the aggregate of ‘the The fact thatthe acased was a fai fom ST ete we be cil tte “a eghamtol eta enande “Every ‘sifety must be worth the amount ‘Specified in his own undertaking over and above il ust debts, obigations and properties exempt cecution fon 12. sition of Sr FO pone socne a inet om Ba won, TH MUST BE COMPLIED WITH: phs of the accused; of justification; ance from the supreme court; sdf centeate of comphance with ior 0. 66 aaa dated September 19, 1996; ‘Authority of the agent; and F Garent erteste of author isved by the insurance commissioner with 2 financial Statement showing the maximum underwriting Capacity of the surety company. NOTE: The purpose of requiring the affidavit of ‘qualification by the surety before the judge is to enable the latter to determine whether or not the surety possesses the qualification to act as such, especially his financial worth as required in the previous saction. Section 14. Deposit of cash as bait The accused or any person acting on his behalf may deposit in cash the amount of ball fixed by the court or recommended by the prosecutor who investigated or fled the case with the: Advisers: Atty. Guevara Atty. Arroyo, Atty. Salvado¢Aty. Viluan Judge Bonifacio; Heads: Garssa Faylona, Marla Kristina Santos; Understudy: Roxanne Tadique, Alexs Cimagala; Volurteers: Grace Escosia, ina Blanka Siva, Nash Marohomsalie, K Suarez —3. Nearest collector of internal revenue or b. Provincial, city or municipal treasurer or clerk of court where case is pending Money considered as bail, applied to payment of fine and ‘costs while the excess if any, shall be retumed to the ‘accused or whoever made the deposit. ‘The trial judge has no authority to strictly require that only ‘cash bond, instead of a surety bond, be deposited for the provisional release of the accused. ‘Section 15. Recognizance RECOGNIZANCE It is an obligation of record, entered into before some court or officer authorized to take it with a condition to do some particular act, the most usual condition in criminal el aL OPERATIONS 2010 Section 16. Bail, when not required; reduced bail or recognizance BAIL IS NOT REQUIRED WHEN THE LAW OR RULES PROVIDE: 4. Offense charged is violation of an ordinance, light felony or criminal offense the imposable ppenatty docs not exceed 6 months of imprisonment and/or fine of P2,000 under RA 6036. 2. Where the accused applied for probation and before the same has been resolved but no bail ‘was fled or the accused is incapabie of fling ‘one, in which case he may be released on his ‘own recognizance. 3. Incase of a youthful offender held For physical or ‘mental examination, trial or appeal, if unable to furnish bail and under the circumstances cases being the appearance ofthe accused Torti ais220 nen. prow by PD. €03, a amended The release ofthe accused may be: a ‘2. On his own recognizance, which freans that he thas become his own, . To aresponsible person. Persons charged with offenses fall under the Bulge ao Surry foeedre maybe io ae recogiuanen of ¢ rege a & court” | ‘A person who has been in custody for a period I to or more than the possible maximum prescribed for the offense ‘charged, without prejudice to the continustion Of the trial or the proceedings on appeal. P'S. Aperson accused of an offense with a maximum penalty of desticrro shall be released after 30 ‘days of preventive imprisonment. . iighiowne secose hee ta E82 Reduced soit ORDER THE REIEASE ON RECOGNZANCE OF A PERSON UNDER DETENTION. ‘2. when the offense charged is Yor ordinance, a light, or a imposable penalty of which does months imprisonment and/or P2000 {he creurstances provided in RA No, 6036 1 where person has been in eastody fr period feqial 10 oF more than the manimum of the impossble prinapal penalty, without application of the Indeterminate Sentence. Law or any rmodiving creumetance, in which case the cour, ints discretion, may allow his release on Nis cut recognizance c. where the accused has appted for probation, pending resolition ofthe case but no ball was fled or the accused is incapable of ling one 4. incase ofa youthful offender held Fr physeal and ‘mental examination, ti, oF appeal, Fhe. Unable to fursh boil and under ccumstances envisaged in PO No. 603 35 amended eSpatyw Jovellanes, AM. No, MIt}37-1139 1297) Advisers Atty. Guevarra Atty. ArToyO Ay. Salvador Ay, Vinhuar Judge Boni; 2A person in gistody for a period to or more than the intra, vio ‘the principal penalty prescribed for the ‘without application of the Indeterminate Law or any modifying circumstance, shall be ‘on a reduced bail or on his own recognizance at discretion of the court. Section 17. Bail, where filed May be filed with the court where the case s pending 4. tm the absence or unavailability of the judge thereof, with the regional trial judge or any Inferior court judge in the province, city of municipality; 2. ff the accused was arrested in a province, city or ‘municipality other then where the case is pending, bail may be filed with the RTC of the said place or if no judge is available, with any lnferior court judge therein; 3. Where bail is a matter of discretion or the accused seeks to be released on recognizance, it ‘may only be filed inthe court where the case is pending, whether on trial or appeal; Giarisa Faylona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Veluneers: Grace Escosia na Blanka Siva, Nash Marchomealic, K Suarez 2104. Any person not yet charged in court may apply for bail with any court in the province, city or ‘municipality where he isheld; 5. ifthe accused was convicted and the nature of the offense changed from non-bailable to ballabie, the application can be made with and ‘resolved by the appellate court. NOTE: A judge presiding in one branch has no power to grant ball to an accused who is being tried in another branch presided by another judge who is not absent or Unavailable, and his act of releasing him on bail constitutes ignorance of law which subjects him to disciplinary sanction. Section 18. Notice of application to prosecutor Court to give reasonable notice of the hearing to the Drover or rede im to bmi hi recommen Section 19, Release on bail ‘Upon approval of the bail by the judge, the bedechrge. . ‘An officer who fails or detention notwithstanding the ‘court of his bail bond may be: Secon 20. ncrese rection of al Court may either increase or reduce # bail. 2. After the accused admitted to ball Upon good cause Hf the accused does not give the increased amount of bail ‘within a reasonable time will be committed to custody. Accused released without ball may: ‘2. Atany subsequent stage b. Whenever a strong showing of gull appears to the court © Be required to give tail or in lieu therof, committed to custody + Where the offense is bailable, the mere probability that the accused will escape or if he had previously escaped while under detention does not deprive him of his right to ball. The remedy is to increase the amount of bal, provided the amount is not excessive (Sy Guan v, Amparo, 79 Phil 670). ~ Advisers Alby. Guevarra,Aty. Arroyo Atty. Salvator Ait. Vinisan Judge Bonifacio: Heads: Garsca Faylona, Maria istina Sarto, Dy OPERATIONS 20/0 ‘Section 21. Forfeiture of bait BAILIS FORFEITED: ‘2. where the presence of the accused is specifically required by the court or the Rules of Court and 'b. despite due notice to the bondsmen to produce him before the court on a given date, the ‘accused falls to appear in person as o required. To justify exemption from ability on 2 bail bond or reduction thereof, two requisites must be satisfied: production or surrender of the person of the accused within 30 days from notice of the order ‘of the court to produce the body of the accused ‘0 giving reasons for its non-production 2. satisfactory explanations for the non-appearance ff the accused when first required by the tral ‘court to appear. Fallure tg PRODUCE the body of the principal or give a 3500 (8 his noteproduction and EXPLAIN why the Secused did not appear before the court when fist | geguired to dq so, the court shal render 2 judgment Against the bondsmen, jointly and severally for the Not judgment therefore final. may issue at once. Section 22. Cancellation of bail BAIL IS CANCELLED: 1. Upon application of the bondsmen with due rotice to the prosecutor, upon surrender of the accused or proof of his death 2. Upon acquittal of the accused; 3. Upon dismissal of the ease; or 4. Execution of judgment of conviction, {mall instances, without prejudice to any liability on the bai ‘Understudy: Roxanne Tadique, Alexis Cimagala; Veunteers: Grace Escosia, na Blanka Sta, Nash Marchomsali,K Suare: — Independent of the order of forfeiture. It is a ultimately determining the labilty of the surety thereunder and ExecutionSection 23. Arrest of accused out on bail ‘The bondsmen who put the bail bond for the accused ‘become the jallers and they or the police officer to whom authority &s endorsed may arrest the accused for the purpose of surrendering him to the court. The accused Cannot leave the country without the permission of the bondsmen and the court. HOW SURETIES MAY BE RELIEVED FROM RESPONSIBILITY. ‘OVER THE ACCUSED; 1. Arrest the principal and deliver him to the proper authorities 2. They may cause the arrest of the accused to be made by any police officer or other person of suitable age or discretion. 3. By endorsing the authority to arrest upon Te) ee) Eee) ‘Section 25. Court supervision of detainees ‘The court shall exercise supervision over all persons in ‘custody for the purpose of eliminating unnecessary detention. The executive judges of TCS shall conduct ‘monthly personal inspections of provincial, city or ‘municipal jails and the prisoners within their respective jurisdictions. ‘Section 26. Bail is not a bar to objections on illegal arrest, lack of or irregular preliminary investigation ‘AN APPLICATION FOR ADMISSION TO BAIL SHALL NOT [BAR THE ACCUSED FROM: 1. Challenging the validity of his arrest; or 2. The legality of the warrant issued therefore; or 3. From assaiing the regularity or questioning the ‘absence of a preliminary investigation of the Certified copy of the undertaking and: charge against him, to such officer or person, ‘An accused released on bail may be ré-arrested without the necessity of a warrant if he attempts to depart from, ‘the Philippines without permission ofthe court whetithe 2 case is pending, 4 hes Howoepartunconpers | $ © Supreme Court Creular No. 39:97 ted fine 29, 1997 limits the authorty to issue hold deirtureders tothe AICS in criminal cases within their exchisve jurisdiction. Consequently, MIC ions have algo to issue. bold departure orders, fllowing the maxim, express mention implies the exclsion. Neither does he meer 0 Cancel one which he issued. Section 24. No bail after final judgment; exception GENERAL RULE: No bail shall be allowed after the judgment has become final, as what is left is for him to serve the sentence. EXCEPTION: When he has applied for probation before Commencing to serve sentence, the penalty and the offense being within the purview of the Probation Law. ‘The application for probation must be filed within the period of perfecting an appeal. Such filing operates as a Waiver of the right to appeal, EXCEPTION TO THE EXCEPTION: The accused shall not be allowed to be released on ball after he has commenced to serve his sentence, + “Advisers: Atty. Guevorra Atty. Arroyo,Atty. Salvador Atty. Vniuan Judge Boni ROVIOER, thot the accused rakes them before entering hsp. | The cout sal reso the matter as eat as practicable, . The rule enumerates the rights of a person accused of an "offense, which are both constitutional as well as statutory, ‘to appeal which is purely statutory in PROCESS, 1. Substantive ~ considers the intrinsic validity of thetaw 2, Procedural ~ based on the principle that @ court hears before it condemns. Requirement of notice and hearing. ‘Section 1. Rights of accused at trial ‘A. TOBE PRESUMED INNOCENT Jn all criminal prosecutions, the accused is presumed Innocent until the contrary i proved beyond reasonable doubt, ‘The conviction should be based on the strength of the Prosecution and not on the weakness of the defense; An ‘accusation isnot synonymous with uit. ‘Understudy: Roxanne Tadique, Alexis Cimagala; Volunteer: Grace Escosia, ina Blanka Siva, Nash Macohomsai, K Suarer 22REASONABLE DOUBT ft is the doubt engendered by an investigation of the ‘whole proof and inability, ater such Investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is mot demanded by the law to convict of any criminal charge but moral certainty is required as to every proposition of proof requisite to constitute the offense, REASON: the slightest possibility ofan innocent man being convicted for an offense he has not committed would be far more dreaded than letting 9 guilty person go unpunished or for a crime he may have perpetrated. EQuIPose RULE Where the evidence of the parties in 2 criminal case are evenly balanced, the constitutional presumption of ee) OPERATIONS 2010 ‘When a person is charged in a complaint with a crime and the evidence does not show that he is guilty thereof, but does show that he is guitty of some other crime or 2 lesser ‘offense, the court may sentence him for the lesser ‘offense, PROVIDED that the lesser offense is a cognate ‘offense and is included in the complaint filed in court. ‘The qualfying or aggravating clecumstances must be ‘ALLEGED and PROVED in order to be considered by the court. © TO BE PRESENT AND DEFEND IN PERSON AND BY ‘COUSEL AT EVERY STAGE OF THE PROCEEDING. [PRESENCE OF THE ACCUSED IS REQUIRED 1. During arraignment (Sec. 1b, Rule 116) 2 Promulgation of judgment EXCEPT when the Innocence should tit in favor of the accused who must:be:ren conviction is for a ight offense, in which ease, it acquitted, - “ may be pronounced in the presence of his sel or representative. Srdered by the court for purpose of EXCEPTION TO THE PRESUMPTION OF INNOCENCE ideatitication + The legstture may enact that when certain: fs tave been proved, they sale prima fas eidence ‘of the existence of guilt of tHe agcuded and ie the. APPLICABLE IN THE SC AND CA © The tw securing to an accused person the right to be ‘burden of proof provided thére -Be/3.ratidcal ‘Present at every stage at the proceedings ha no connection between the fact prowédl andthe ultimate fact presumed so that te infetefice of the: ‘one from proof of the other Is not unreasonable and arbitrary experience. (People v. Mingéa, 92 PB 1953) In cases of self defense, the person whd defense is presumed guilty. In this case @ REVERSEARIAL will be held, B. TO BE INFORMED OF THE NATURE AND THE CAUSE (OF THE ACCUSATION AGAINST HIM. The right requires that the information should state the facts and the circurnstances constituting the crime charged in such @ way that a person of common understanding, ‘may easily comprehend and be informed of what it i= about. + An accused may not be convicted of an offense unless itis clearly charged in the complaint or information. ‘To convict him of an offense other than that charged in the complaint or information would be a violation of this constitutional right. (People v. Ortega, 276 ‘SORA 166 2003) application to the proceedings before the CA and the SC ‘0° to the entry and promulgation of the judgments. The ‘eed not be present during the hearing of the defendant. “appeal. (Sec. 9, Rule 124) + Theaccused may waive his right to be present during ie tial. However, his presence may be compelled ‘when he is to be identified. (Aquino, Jr. w Miltary Commission, 63 SCRA 546 1975) EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ‘ACCUSED 1 Waiver of the right to present evidence 2. Prosecution can present evidence if the accused fails to appear 3. The court can decide without the evidence of the accused ‘TRIAL IN ABSENTIA, {it 1s important to state that the provision of the Constitution authorizing the tial in absentia of the accused in case of his non-appearance AFTER ARRAIGNMENT despite due notice simply means that he thereby waives his right to meet the witnesses face to face, among others. Advisers: Atty. Guevarra Atty, Arroyo Ay. Sslvador Atty Vnluan Judge Bonifacio Heads: Garissa Faylona, Marla Kristina Santos; ‘Understudy: Rexanne Tadique, Alexs Cimagala; Volunteers: Grace Escozia, Ina Blanka Siva, Nash Marohomsalic,K Suaret 213REMEDIAL LAW REVIEWER. Such walver of a right of the accused does not mean a release of the accused from his obligation under bond to ‘appear in court when so required. The accused may walve bis right but not his duty or obligation to the court. [REQUIREMENTS FOR TRIAL IN ABSENTIA (ANU) 1L. Accused has been arraigned 2. Hehas been duly notified ofthe trial 3. His failure to appear is unjustified © An escapee who has been duly tried in absentia waives his right to present evidence on his own behalf and to confront and cross-examine witnesses that have testified against him. (Gimenez v. Nazoreno, 4160 SCRA 1 1988) RIGHT TO COUNSEL Importance: Without the ald of counsel, a person maybe convicted, not because he is guilty but Ste does ‘not know how to establish his innocence. investigation, well into the rendition ofthe judement and" even on appeal. (People v. Ser, ir. 274 Fight to’ counsel can be invoked ata stage’ of ‘the’ <7 proceedings, even onappeal | 3 22 Feger i | ern, fit CUSTODIALINVESTIGATION. ay ee It is the questioning by law enforcement! officers ‘of a SUSPECT taken into custody or theruize deprived af hs freedom of action in a significant way.cit includes the practice of issuing an “invitation” to 2 petzon who is Investigated in connection with an offense he ‘to have committed. (RA 7437) ‘+ If during the investigation the assisting lawyer leaves, ‘comes and goes, the statement signed by the accused 's stil inadmissible because the lawyer should assist his client from the time the confescant answers the first question asked by the Investigating otficer until the signing of the extrajudicial confession.(People v. ‘Merial, 363 SCRA 96 2001) The right to counsel and the right to remain sent do not ccease even after a criminal complaint/information has already been filed against the accused AS LONG AS he is stilin custody. ‘The duty of the court to appoint a counsel de ofcio when the accused has no legal counsel of choice and a desire to employ one is MANDATORY only at the time of [ARRAIGNMENT (sec. 6, Rule 116) + ae) OPERATIONS 2010 —Aavisers: Ay. Guevarra Atty. Arroyo Atty. Salvador Ait. Vinluan Jude Bonifacio; Heads: GavssaFaylona, DIFFERENCE BETWEEN THE RIGHT TO COUNSEL DURING CUSTODIAL INVESTIGATION AND DURING THE TRIAL ‘A. During trial ~ the right to counsel means EFFECTIVE counsel, Counsel is here not to prevent the accused from confessing but to defend the accused. 8. Custodial Investigation — stricter requirement, it requires the presence of COMPETENT and INDEPENDENT counsel who i preferably the choice of the accused. Since a custodial investigation is not done in public there is a ‘danger that confessions can be exacted against the wil ofthe accused. The right to counsel is NOT ABSOLUTE, I subject to being exercised within a reasonable time and manner (Uaranaga v. CA, 281 SCRA 258) he cannot insist on ‘one that he cannot afford, one who isnot a member "egof the bar and one who declines for a valid reason ‘sith a conc of interest. (People v. Servo, 274 SORA 553% 1m the custodial oi aad SHAS ae eS ‘Walver of Richt to Counsel ‘This is when the accused voluntarily submits himself to the iuisdiction ofthe court and proceeds with his defense. {f lursprudence provides that the defendant cannot raise the, question of his right to have an attorney the first time may defend himself in person only f the court that he can property protect his rights even the assistance of counsel. © tthe question is not raised in the trial court, the Drosecution may go to tril. (US v. Escalante, 36 Phil 743.1917) ‘The question will not be considered in the appellate court forthe first time when the accused falls to raise {tin the lower court. (People v. Nang Kay, 88 Phil, 515, 1951) + The mistake of counset will bind his client, The oniy ‘exception is when the counsel represents himself 2s 2 lawyer and 1s not one because in that case the accused is denied of his right to counsel and due Process. (Delgado v. CA, 145 SCRA 357 1986) Santos, Understudy: Rexanne Tadique, Alexis Cimagata; Velunteers: Grace Escosia na Blanka Siva, Nash Marchomsalic,K Suarez 214O REMEDIAL LAW REVIEWER. SATE N a Pell nea aN 1D, TOTESTIFY AS A WITNESS IN HIS OWN BEHALF RIGHT OF THE ACCUSED V. RIGHT OF AN ORDINARY WaTNESS + Adenialof the defendant's right to testify on his own behalf would constitute an unjustifiable violation of his constitutional right. (People v. Santiago, 46 Phil May refuse to take the | May be compelled to take 734 1922) witness stand and refuse to | the witness stand and claim ‘answer any and all | the privilege as each and © if the accused testifies, he may be cross-examined ‘questions every incriminating ONLY on matters covered by his direct examination, question is thrown at him unlike an ordinary witness wha can be cross: examined as to any matter stated in the direct ‘examination or connected therewith (Section 6, Rule 132). His failure to testify will not be taken against fim but his faiure to present evidence in his behalf shall be taken against him (US v. Bay, 97 SCRA 495). The testimony of an accused who testifies on his own behalf but refuses to be cross-examined will not be given weight and will have no probative value becauseAhesirare| prosecution will not be able to test its. E. _RIGHT AGAINST SELFINCRINENAT ‘The scope ofthis right covers only testimonial compuliiig n> 5 ont ar et te compan omc el Be” a ce iy eno we: evidence using the body of the accised 36.4. 0 ST" = "4. Questions on his past criminality only fhe can still ga eet Beprosgeuted fort. DNA TESTING is not covered in’ thé® Fight sgainstSei- & Questions incriminating tim for an offense Incrination Lo gt 5 distinct from that for which he fs charged. RATIONALE FOR PROTECTING THE fugit + Sits oF rte AccusED IN THE MATTER OF TESTING INCRIMINATION: % | fog proouctne evinence 1. Humanitarian reasons, to preventthe state from: rf sing its coercive powers. ease: 2. Practical reasons- the accused i= more st. Right to be informed commit perjury. 2. Right to remain silent and to counsel 3. Right not to be subjected to force or violence oF The accused is protected under this rule from questions any other means which vitiate free will that tend to incriminate him, which means those that may 44. Right to have the evidence obtained in violation subject him to penal fabilty. of these rights rejected The right may be waived by the failure of the accused to ‘After the case is filed in court: invoke the privilege at the proper time, that is AFTER the Light to refuse to be 2 witness incriminating question is asked and BEFORE his answer. 2. Right to not have any prejudice whatsoever resuit to him by such refusal +The priviloge involves a prohibition against 3. Right to testify on his own behalf subject to eross- testimonial compulsion only and the production by examination by the prosecution the accused of incriminating documents and articles 4. While testifying, the right to refuse @ specific demanded off him. (US v. Tan Teng, 23 Phi, 145) {question which tends to incriminate him for some other crime, EXCEPTIONS: Immunity statutes such as: 1. RA 1379 (Forfeiture of legally obtained wealth) 2. RA 749 (Bribery and Graft cazes) + Advisers: Atty. Guevarra,Atty. Arrovo,Atty. Salvador Atty. Vinkuan. Judge Bonifacio; Clarissa Faylona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasla, ina Blanka Siva, Nash Marohomeli,K Suarer — 215CENTRAL BAR OPERATIONS 2010 ee compelled | wness immune from testimony and. the fruits | ee ime ee thereof cannot be used in | Paesection of @ crime Subsequent prozecution of | Wi Me ae a crime against him Witness can stil” be Te prosecuted but the | Witness cannot ‘compelled | | testitiony | prosecutedat alt ‘cannot be used against him. ics site GENERAL RULE: Silence or refusal to testify should not Prejudice the accused, EXCEPTIONS: Unfavorable inference i drawn when: 1. The proseaution has already established prima focie case, the accused must present proof to ‘overturn the evidence G._ RIGHT TO COMPULSORY PROCESS ‘The sight of the accused to have 2 subpoena and/or a ssubpoene duces tecum issued in his behalf in order to ‘compel the attendance of witnesses and the production of ‘other evidence. if a witness refuses to testify when required, he Is in ‘contempt of court. The court may order a witness to give bail orto be arrested. H. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC (SIP) TRIAL ‘The right to a speedy trials intended to avoid oppression and to prevent delay by imposing on the courts and on the freceion an citron to proceed with cemcrabe 2 The defn oft sae a th a to testy, the inerferene that the af nat ~ssgemzge tne believabe, SEEN VIOLAT=D hat the delay RIGHT TO CONFRONT AND! CROSS EXAMINE. CONFRONTATION) EA Boeck 2 iiss face (Stes. miby make any CONFRONTATION is the act of face with the accused so that Soerceanaage mt a TAL ESE oe Bassonfor the delay “The sccused’s assertion or nonassertion of the ght 44. Prejudice to the accused resting rom the delay ofthe nation of hs ight tat the tte mt ot cbjection he has to the witnese| athe wines my (be eprved of Ks day in court and the right ofthe State identify the accused, Ter nae RA * ATIORE There,@ NO wolation ofthe right where the delay is presence of the court having iursticion io Drhilege of cross examination. Purpose: % The main purpose of this right to confrontation secure the opportunity of cross examination and the ‘Second purpose is (2) to enable the judge to observe the ‘demeanor of the witness. ‘When witness is deceased or cannot be reached with due diligence. By way of exception to this rule, itis provided that the court may utilize as part of its evidence the testimony of a whiness who Is deceased, out of oF with due diligence cannot be found inthe Philippines, unavailable or ‘otherwise unable to testify, given in another proceeding, Judicial oF administrative, involving the same parties and subject matter, the adverse party having had the ‘pportunity to cross-examine him. (Rule 130, Sec 47) WAIVER OF RIGHT TO CONFRONTATION 2. May be done expressly or impliedly. b. {tis implied when the accused waives his right to bbe present at trial or when he was given the ‘opportunity but falls to take advantage of it —Aabvisers: Ast. Guevara Atty. AToyO Atty, Salvador Ay, Viniuan judge Bonifacio; Heads ‘ape protection of due process must be respected. le to the accused. (Solis v. Agtoro, 64 SCRA (+The fight to a speedy trial is violated when there are LUNIUSTIFIED postponements (People v. Declaro, 170 SCRATAB) REMEDIES AVAILABLE TO THE ACCUSED WHEN HIS RIGHT ‘TO ASPEEDY TRIAL IS VIOLATED 1. He should ask for the trial of the case, not the dismissal. 2. Unreasonable delay of the tral of a criminal case as to make the detention of the defendant legal gives ‘ground for habeas corpus as @ remedy for obtaining release as to avoid detention for a reasonable period ofttime, 3. Accused would be entitled to rele in a mandamus proceeding to compel the dismissal of the information. 4. Ask for the trial ofthe case and then move to dismiss (Gandicelav. Lutero, 88 Phil. 790) etna Santo; Faylona, Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, na Blanka Silva, Nash Marchomsalic,K Suarez 216+ Due process requires 3 hearing before an impartial and disinterested tribunal and that every itigant is entitled to nothing les that the cold neutrality of an impartial judge. (Moteo, Jr, v. Villaksz, 50 SCRA 180) “Like Caesar's wife, a judge must nat be only pure but beyond suspicion.” (Palang v. Zosa, 58 SCRA 776) PUBLIC TRIAL One held openty or publicly; anyone interested in ‘observing the way the judge conducts his proceedings In a courtroom may do so (Garcia v. Domingo, 52 SCRA 143 ‘+ Its sufficient that relatives and friends who want to watch the proceedings are glven the opportunity to ‘witness the proceedings. It is done in public to Prevent abuses that may be committed by the court and the accused is entitled to moral support from his friends and relatives. If it is done in the, = chambers, itis still valid because the poe Is not ‘excluded. (Garcia v. Domingo, 52 SCRA‘ {EXCLUSION OF THE PUBLIC Is VAUD WiHEN: 1. Evidence to he produced i offensive to incompatible with free press. Pé publicity enact 7 tot per seas peje othe rghit afar tial To. © warrant the finding of prejudicial y, there ‘must be allegations and proof that judges have ‘unduly influenced, not simply that they might be due to the barrage of publicity. (People v. Teehantee, 249 SCRA 54) |. RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW ‘AND IN THE MANNER PRESCRIBED BY LAW ‘The right to appeal from a Judgment of the conviction i: fundamentally of statutory origin. it Is not a matter of absolute right that is independent of constitutional or statutory provisions allowing such appeal. WAIVER OF RIGHT 70 APPEAL ‘The right to appeal is personal to the accused and it may bbe waived either expressly or by implication, HOWEVER, where the death penalty Is imposed, such right cannot be waived as the review of the judgment by the SUPREME COURT is automatic and mandatory (A.M. No, 00-5-03 $C) . eT OPERATIONS 2016 —Aévisers: Atty. Guevarra Ay, Arroyo Aity. Sahador Atty. Viniven judge Bonifacio; Heads: Clarissa Fayhona, Maria Wistina Santos ‘© Anyone who seeks to exercise the right to appeal ‘must comply with the requirements of the rules. ‘Otherwise the right to appeal is lost. (Qzneta v. CA, 179 SCRA 800 1989) ‘+ When the accused flees, after the case has been submitted to court for decision, ne will be deemed to have waived his right to appeal from the judgment rendered against him (People v. Ang Gioc, 74 Phil. 366 1941) NOTE: such may not be reviewed by the CA. ‘THE SPEEDY TRIAL ACT OF 1998 (RA 8493) DUTY OF THE COURT AFTER THE ARRAIGNMENT OF THE ACCUSED ‘The court SHALL order 2 pretrial conference to consider 3 Marking and identification of evidence 4. Waiver of objections to admis of evidence “S. Such other matters as will promote a fair and GENERAL RULES not xed 180 days rm the st prota, however the nule is not absolute. ‘those govemed by the Rules on Summary Procedure 2. where the penalty prescribed by law does NOT exored 6 months imprisonment or 2 fine of 1,000 or both 3. those authorized by the Chief Justice ofthe SC PERIOD OF ARRAIGNMENT OF ACCUSED ‘Within 30 days from the fling of the information, or from the date the accused appealed before the justice/udgefcourt in which the charge is. pendi whichever date ast occurs. (WHEN SHALL TRIAL COMMENCE AFTER ARRAIGNMENT Within 30 days from arraignment, HOWEVER, it may be ‘extended BUT only: 1. For the 180 days for the first 12 calendar month period from the effectivity ofthe law 2. 120 days for the second 32 month period 3. BOdoys for the third 12 month perlod Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, Ina Bianka Siva, Nash Marohomsali, K Suarer —LT et eeu RULE 116 ARRAIGNMENT AND PLEA ARRAIGNMENT means bringing the accused into court and Informing him ofthe nature and cause of the accusation against him. Section 1. Arraignment and plea; how made HOW ARRAIGNMENT 5 MADE: 1. _Imopen court where the complaint or information has been filed or assigned for trial 2. By the judge or clerk of court 3. By furnishing the accused with copy of the complaint or information 4. Reading it in a language o dialect known to the ‘or not PERIOD: his case should be raffied within 3 days from fling and accused shall be arraigned within 10 days from receipt by the judge of the recatds of the ‘ase (RA 8493 Speedy Trial Act) 2. where the complainant is about to depart from ‘the Philippines with no definite date of return, the accused should be arraigned without delay {RA 4908) 3. Cases under RA 7610 (Child Abuse Act), the tral shall be commenced within 3 days from arraignment 4, Gases under the Dangerous Drugs Act 5. Cases under SC AO 104-96, i, heinous crimes, Wiolations of the intellectual Property Rights ttaw, these cases must be tried continuously until terminated within 60 days from coramencement. of the trial and to be decided within 20 days from the submission of the case NoTEs: ‘Tian absentia may be conducted only after valid arraignmert, ‘Accused must personally appear during arraignment and ‘enter his pla (counsel cannot enter plea for accused) ‘Accused is presumed to have been validly arraigned in the absence of proof to the contrary Generally, judgment is void if accused has not been validly arraigned He accused went into trial without being arraigned, subsequent arraignment will cure the error provided that the accused was able to present evidence and cross ‘examine the witnesses of the prosecution during trial |A PLEA OF “NOT GUILTY” SHOULD BE ENTERED: 1. Wrenstinsedsoplesded \Wiben he refuses to plead ‘Whenihe makes a conditional or qualified plea of alt (Ex. Accused pleads guifty but adds “pero ‘ind! ka sinasadyo") ‘When the plea is indefinite or ambiguous ‘When he pleads guity but presents exculpatory evidence (ex. Evidence to prove complete self defense} 5 NOTE: tf the accused who pleaded gulty presents ry evidence, his plea of eu is withdrawn, The “ must order the accused to plead again or at least 1. When an accused is under preventive etitionsc that a new plea of “not guilty” be entered for him, ‘otherwise there shall be no standing plea for the accused. This is significant because if there is no standing plea, the accused cannot invoke double jeopardy ater on. ‘PRESENCE OF OFFENDED PARTY The private offended party is required to appear in the arraignment for the purpose of plea bargaining, determination of civil ability and other matters requiring his presence. In case the offended party falls to appear despite due notice, the trial court may allow the accused to plead guilty to a lesser offense necessary included in the offense charged with the conformity of the triat prosecutor alone. Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, Ina Blanka Siva, Nash Marohomsalc, K Suarez ~ 21aSection 2. Plea of guilty to a lesser offense PLEA BARGAINING is the process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to the court's approval. It usually involves the defendant's pleading guilty to a lesser offense or to only one or some of the counts of a ‘multi-count indictment in return for a lighter sentence ‘than that forthe graver charge. {it precludes the filing and prosecution of the offense originally charged in the information, except when the plea of guilty toa lesser offense is without the consent of ‘the offended party and the prosecutor. PLEA TO LESSER OFFENSE DURING ARRAIGNMENT Dringaement te aca oy ns fpsty to a lesser offense PROVIDED there is ¢énsent of the offended party AND of the prosecutor 16 the plea of gulty to a lesser offense that is fncluded in the," offense charged. gs ait PLEA TO LESSER OFFENSE AFTER it BEFORE TRIAL EMER Ste beet ‘After arraignment but BEFORE trial, ti scxitidd may stil be alowed to oad gui to 3 loser tons Wer withdrawing his previous plea ‘of ndt guity., No, veh amendenet to the complaint or iforiion i necessary “ PLEA TO LESSER OFFENSE AFTER TRIAL HAS BE ‘After the prosecution has rested its case, a change of plea toa lesser offense may be granted by the judge, with the ‘approval of the prosecutor and the offended party if the prosecution does not have sufficient evidence to establish the guilt of the accused for the crime charged. The judge ‘annet on its own grant the change of plea. ‘PRESENCE AND CONSENT OF THE OFFENDED PARTY ‘The consent of the offended party is necessary before the accused may be allowed to plead guilty toa lesser offense. the plea of guilty to a lesser offense is made without the consent of the prosecutor and the offended party, the Conviction of the accused shall not be a har to another prosecution for an offense which necessarily includes the offense charged in the former information (No double jeopardy}. eT Dt OPERATIONS 2010 lf the offended party falls to appear during arraignment, ‘the court may allow the accused to plead guilty toa lesser ‘offense with the conformity of the tral prosecutor alone Section 3. Plea of guilty to capital offense; reception of evidence IMPROVIDENT PLEA s 2 plea without information as to all the circumstances affecting it; based upon a mistaken ‘assumption or misleading Information or advice. DUTY OF THE COURT WHEN ACCUSED PLEADS GUILTY TO. ACAPITAL OFFENSE: 1. Conduct 2 searching inquiry into the voluntariness and full comprehension of the ‘consequences of the plea require prosecution to present evidence to prove the gut and prec degree of pty ofthe Se eee tei aber as i his behalf and alow him to do soit he desires ELEMENTS OF “SEARCHING QUIET AL Ridge! must convince himself that. accused is ‘entering the plea voluntarily and iteligently 2. tudge ust convince himself that there exists a rational basis for the finding of guitt based on ‘testimony Inform the accused of the exact length of imprisonment and the certainty that he will serve iting national penitrtary will be set aside ifthe plea of quit is the SS peer However, the court may validly convict the accused if such conviction is supported by adequate evidence of guilt Independent of the plea itself. Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary ‘CONSEQUENCES OF PLEA OF GUILTY AAS aru, plea of gulty is an UNQUAUFIED ADMISSION of the crime and of the attending circumstances {aggravating and/or qualifying) alleged in the complaint. ‘No need for further evidence Such ples removes the necessity of presenting further evidence and for all intents and purposes the case is deemed tried onits merits and submitted for decision, ‘Advisers: Atty. Guevarra Atty. Aroyo, Atty Salvador Atty Vinluan Judge Bonifacio; Heads Clarissa Faylona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagata; Volunteers: Grace Escosia na Bianka Siva, Nash Marohomsili, K Suarez — 219oe REMEDIAL LAW REVIEWER: evens (Mitigating and Aggravating circumstances However, the court may, upon motion, allow the Presentation of evidence to prove aggravating and ‘mitigating circumstances. ‘* The trial court may allow an accused to plead guilty and at the same time allow him to prove ‘other mitigating circumstances. However, if ‘what the accused would prove is an exempting, circumstance, which would amount to a withdrawal of his plea of not guilty. PLEA OF GUILTY TO A NON-CAPITAL OFFENSE ‘© Ifthe accused is permitted to present evidence after his plea of guitty to a non-capital offense ‘and such shows that the accused is not guilty of the crime charged, the accused must be acquitted, for there 1s no rule which provides that simply because the accused pleaded guilty to the charge that his conviction automatically follows. Additional evidence independent of the plea may be considered to convince the judge that it was inteligenty made. + For noneapital offences, the reception of, ‘evidence is merely discretionary on the part of the court. f the information or complaint i878 sufficient for the judge to render judgment on ai: & ‘non-capital offense, he may do so. PLEA OF GUILTY TO A CAPITAL OFFENSE But if the case involves a capital offense, the reception evidence to prove the guilt and degree of culpability ofthe, ‘accused is mandatory. Section 5. Withdrawal of improvident ‘At any time before judgment of conviction becomes final, the court may permit an IMPROVIDENT PLEA of guitty to bbe withdrawn and be substituted by a plea of not guilty INSTANCES OF IMPROVIDENT PLEA: 4. Plea of guilty was compelled by violence or intimidation | 2. Accused did not fully understand the meaning and consequences of his plea 3. Insufficient information to sustain conviction of the offense charged 4 Information does not charge an offense 5. Court has no jurisdiction © The withdrawal of a plea of guilty is not a matter of right to the accused but of sound discretion to the ‘rial court. (People vs Lambino, 103 Phil 504 1958) ed ey Dy OPERATIONS 2010 oe rela we a Advisers: Atty. Guevarre,Aty, Aroya,Atty. Saivador Atty. Vniuan Judge Bonifacio; Heads: Garssa Faylona, Marla Wristina Santos; + There should be 2 categorical declaration from the ‘accused that he is withdrawing his plea of guitty and substituting it with a plea of not guilty. There must either be a motion to withdraw his plea of guilty or ‘any unequivocal manifestation of the withdrawal of such plea. Convictions based on an improvident plea of gutty are set aside onty i such plea isthe sole basis of the judgment. Ifthe trial court relied on sufficient and credible evidence to convict the accused, the ‘conviction must be sustained. (People v. Solamill, GR. No. 123161. June 18, 2003) ‘The reason behind the rules is that tial has already begun and the withdrawal of the plea will change the theary of ‘the case and put all past proceedings to waste. Moreover, at this point, there is a presumption that the plea was made voluntarily & Duty of court to inform accused of his ‘counsel 4LFOLD DUTY OF COURT WHEN ACCUSED APPEARS. TROIS defendant he at 2 ton attorney before being arraigned 2 After informing him, court must ASK the Gf defendant if he desires to have the aid of an attomey Whe desires but is unable to employ one, the court mast ASSIGN an attomey de ofiio to __ REMEDIAL LAW REVIEWER ‘An order discharging an accused as a state witness ‘amounts to an acquital, hence double jeopardy will apply. However, if he fails or refuses to testify against his co- accused in accordance with his sworn statement, he may be prosecuted again. Section 8. Provisional dismissal REQUISITES PROVISIONAL DISMISSAL: 1. Consent of the prosecutor 2. Consent ofthe acaused 3. Notice tothe offended party NOTE: If 2 case is provisionally dismissed, the failure to revive or reinstate the case within the periods set bylaws ‘will make the dismissal permanent. HOW TO REVIVE A CASE: 1. Refling ofthe information 2 Fling 2 new information fof the same ofensé df” cur naent che te ios a charged he i Foe PERIODS FOR REINSTATEMENT/ L YEAR oes pl by nme not excending 6 years abe 2 2 YEAS fer fess pnt nein fe exceeding 6 years PAN ‘GENERAL RULE: When a case is reinstated thetgjs no need ‘to-conduct.a new preliminary investigation assumes EXCEPTIONS: 11. Original witnesses or some of them recant their testimony, are no longer available (died) or when new witnesses have emerged 2. Other persons are charged under the new complaint Original charge has been upgraded 4. Criminal liability of the accused has been ‘upgraded (ex. accomplice ® principal) REVIVAL OF CASE BY THE STATE ‘+ Ifthe conditions sine qua non for the application for dismissal were not present when the court issued its resolution for provisional dismissal, the State is nat barred by the time limit set. The State can thus revive ‘or eefile the criminal cases within a time-bar of 1 year (oF 2 years for criminal cases provisionally dismissed won aL ee with the express consent of the accused and with a prior notice to the offended party. Upon the tapse-of the timeline under the new mule, the State is presumed, albeit disputably, to have abandoned or waived its right to revive the case and prosecute the accused. The dismissal becomes ipso facto permanent and the accused can no longer be charged ‘anew for the same crime or another crime necessarily included therein. However, the State may revive a ‘criminal case beyond the one-year or two-year periods provided that there is @ justifiable necessity for the delay. (People v. Lacson, GR. No. 149453, Apri 3, 2003) ‘Section 9. Failure to move to quash or to allege any ‘round therefor ‘ALL THE GROUNDS FOR A MTQ ARE DEEMED WAIVED IF > NOT SEASONABLY RAISED, EXCEPT: Facts charged do not constitute an offense 2 court trying the case has no jurisdiction over the ence cistyed 3. Giimial action or ability has been extinguished A. ouble jeopardy ‘Court shall after arraignment and within 30 days from the time the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for by aw, order a pre-trial. Its main objective is to achieve an expeditious resolution ofthe case. THINGS CONSIDERED DURING PRE-TRIAL: plea bargaining stipulation of facts ‘marking for identification of evidence waiver of objections to admissibility of evidence ‘modification of the order of tral ifthe accused ‘admits the charge but interposes a lawful defense (reverse tral) other matters that will promote a fair and ‘expeditious tal of the civil and criminal aspects of the case yeep ‘onifacio; Heads: Carissa Faylona, Maria Kristina Santas; Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosa, Ina Blanka Siva, Nash Marehomalie, K SuaretREQUIRED FORM OF PRE-TRIAL AGREEMENT: 1. must be in writing 2. signed by the accused 3. signed by counsel NOTE: If the required form is not observed, the pretrial agreement cannot be used against the accused. This is contrary to the rule on stipulations of facts during tal which only requires the signature of counsel in order to be vali. PURPOSE OF THE RULE The requirements in Section 2 are intended to further safeguard the rights of the accused against improvident or unauthorized agreements or admissions which his counsel may have entered into without his knowledge Section 3. Non-appearance at pre-trial ‘The court may impose proper penalties snd sanctions: 1 fornon-appearance during the pre-trial conference, the cus for be ce ore os owithout acceptable cause. Seer nature of pre-trial in criminal ‘The Sanctions may be in the form’ of imprisonment. inasmuch a this contempt of court, the penaty for court may be imposed. ‘on counsel or the prosecutor, not on the accused. The reason wiry the accused is not required to appear is that to include him among the mandatory patties might violate his constitutional right to remain silent ©The absence during pre-trial of any witness for the [Prosecution isnot a valid ground for the dismissal of 2 criminal case. The presence of the priate complainant or the complaining witness is not required. Even the presence of the accused is not required unless directed by the trial court. it is ‘enough that the accused is represented by his ‘counsel. (People v. Tac-an, G.R. No. 148000, February 27, 2003) ste Oe Atty. Vinlian Judge Bonifacio; Heads: Clarissa Faylona, Maria Kristina Santos; Section 4, Pre-trial order PRE-TRIAL ORDER ttis an order issued by the court reciting: 1. the actions taken, 2. the facts stipulated and 3. the evidence marked during the pre-trial conference. Such order 1L._ binds the parties, 2. limits the trial to those matters not disposed of and 3. control the course of the action during trial UNLESS modified by the Court to prevent manifest injustice. moan, nso oe arf he sedan rea the stipulation of facts. inadmissible in evidence. The fact that the lawyer of A, in his rmenicrandum‘confirmed the Stipuation of Facts ‘does not cure the defect because Rule 118 requires Jhoth the\ accused and his counsel to sign the "Stipulation of Facts (Fale v. CA G.R. 112212 March 2, 1996). RULE 119 TRIAL Section, to prepare for trial i: the examination before 2 competent tribunal ‘The court may only impose sanctions For non-appeafanicessu ‘according to the laws ofthe land, ofthe facts put in issue in case for the purpose of determining such issue HEARING is not confined to trial but embraces the several stages of litigation, including the pre-trial stage. ‘© Altearing does not necessarily imply the presentation of oral or documentary evidence in open court but that the parties are afforded an opportunity to be heard. (Republic ¥. Sandiganbayan, 416 SCRA 133 2003) After a plea of guity is entered, the accused shall have at least 15 days to prepare for trial. ‘The trial shall commence within 30 days from receipt of the pre-trial order Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosia, na Bianka Siva, Nach Marohomelic, K Suarez —REMEDIAL LAW REVIEWER > ATENEO ‘The trial judge does not lose jurisdiction to uy the case after the 180-day limit. He may, however, be penalized with disciplinary sanctions for failure to observe the prescribed limit without proper authorization by the Supreme Court. REQUISITES FOR TRIAL IN ABSENTIA: 1. The accused has been arraigned 2. He has been notified ofthe trial 3. Hisfallure to appear is unjustified [EFFECTS OF TRIALIN ABSENTIA: + The accused waives the right to present evidence and cross-examine the witnesses against him. (People v. Landicho, G.R. No, 119527 1996) ‘The accused's walver does not mean, however, prosecution is deprived of the right to. presence of the accused for purposes of, by the witnesses which is vital for conviction of the accused, ‘except where he unqualfiedly admits‘n open court after 9"! his arraignment that he is the inthe case on tial. pana named ECUMED BY LAW: se 1 Onamaigment, | os CONTINUOUS TRIAL SYSTEM. Trial once commenced shall continue from day to day as, far as practicable until terminated; but it may be Postponed for a reasonable period of time for good cause Trial shall in no case exceed 180 days from the first day of trial, except as otherwise provided by the Supreme Court ‘The SC adopted the continuous tral system as a mode of judicial fact-finding and adjudication conducted with speed and dispatch so that trials are held on the scheduled dates without postponement, the factual Issues for tral well-defined at pre-trial and the whole proceedings terminated and ready for judgment within 90 days from the date of intial hearing, unless for meritorious reasons anextension is permitted, + eee) OPERATIONS 20/0 —Aabvisers: Atty. Guevarra Atty. Arroyo Aity. Salvador Atty. Vinion Judge Bonifacio; Heads: Garisca Faylona, Maria Krkatina Santos; ‘The non-appearance of the prosecution at the tial, despite due notice, justified a provisional dismissal or an ‘absolute dismissal depending upon the ccumstances (CASES WHERE TIME UMITATION IS INAPPLICABLE: ‘L.Criminal cases covered by the Rule on Summary Procedure or thase where the penalty does not exceed 6 months imprisonment or a fine of 1,000 as governed by the Rules on Summary Procedure 2. When the offended party is about to depart with no definite date of return Cid abuse cases Violations of Dangerous Drugs Law Kidnapping, robbing in a band, robbery against banking or financial institution, Violation of CCarnapping Act and other heinous crimes yaw thers the REQUISITES BEFORE A TRLAL CAN BE PUT ON ACCOUNT oF: OF WITNESS: 1. “That the witness is material and appears to the court to be 20; ‘that the party who applies has been guilty of no neglect: that the witnesses can be had at the time to ‘which the trial is deferred and incidentally that ‘no similar evidence could be obtained; 4. that an affidavit showing the existence of the aboug circumstances must be filed. OF ACCUSED WHERE A PROSECUTING OFFICER ‘GOOD CAUSE SECURES POSTPONEMENTS OF THE 7RIAL OF A DEFENDANT AGAINST HIS PROTEST sSIBNOND A REASONABLE PERIOD OF TIME: 1. Mandamus to compel trial 2. if he is restrained of his liberty, by Habeas ‘corpus to obtaln his freedom DUTIES OF PRESIDING JUDGE UNDER THE CONTINUOUS ‘TRIAL SYSTEM: 1. Adhere faithfully to the session hours prescribed bylaws; 2. maintain ful control of the proceedings; 3. efficiently allocate and use time and court ‘resources to avoid court delays Section 3. Exclusions EXCLUSIONS IN COMPUTATION OF TIME WITHIN WHICH TRIAL MUST COMMENCE: Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasia, Ina Blanka Silva, Nash Marehomsali,K Suarer 28AEN epee A. Any period of delay resulting from other proceedings conceming the accused, including but not limited to the following: 1. Delay resulting from an examination of the physical and mental condition of the accused; 2. Delay resulting from proceedings with respect to other criminal charges against the accused; 3. Delay resulting from extraordinary remedies against interlocutory orders; 4. Delay resulting from pre-trial proceedings; Provided, that the delay does not exceed thirty (30) days; 5. Delay resulting from orders of inhibition, or proceedings relating to change of venue of ‘cases or transfer from other courts; 6. Delay resulting from a finding of ‘fa prejudicial question; and coneaptrg the seared Is scually under advisement. gt Lee rom the ks Gh 4 8. Any period of delay unavailability of an: a & C...Any period of delay iy he, sie me) os had there been no previous charge. E. A reasonable period of delay when the accused is Joined for trial with a eo-accused over whom the court has not acquired jurisdiction, of, as to ‘whom the time for tril has not run and no. ‘motion for separate trial has been granted. F. Any period of delay resulting from a continuance _Eranted by any court motu proprio, or on motion Of either the accused or his counsel, or the prosecution, ifthe court granted the continuance fon the basis ofits findings set forth in the order that the ends of justice served by taking such action outweigh the best interest of the public ‘and the accused in a speedy tial ABSENT When the whereabouts are unknown oF cantot, be determined with due diligence + UNAVAILABLE ‘When his whereabouts are known but his presence at the ‘rial cannot be obtained with due diligence Section 4. Factors granting continuance FACTORS FOR GRANTING CONTINUANCE: 1. Whether the failure to grant continuance would ‘make a continuation of the proceeding impossible cor result in a miscarriage of justice. 2. The case, as @ whole, is novel, unusual and complex, or itis unreasonable to expect adequate preparation within the periods of time ‘established therein. ‘The grant of a motion for continuance is NOT 2 matter of urpose of this rule isto control the discretion of the judge ingthe erat of continwance on his instance or on _stioG0n of any partytitigant. GENERAL RULE: Nter an order for new tral is sued, the ‘al commences within 39 days rom notice ofthe order. 30-day period becomes impractical due of the witnesses and other factors, it may be by the court but inno case should it exceed Im notice of said order for new tial. would Set "ron 6. Extended time Knit ‘Section 7. Public attorney’s duties where accused is imprisoned PUBLIC ATTORNEY'S DUTIES: 11. Promptly undertake to obtain the presence of the prisoner for tral or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right and demand tral 2. Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand tral, tf at anytime thereafter the prisoner informs is custodian that he demands such tral, the latter shall cause notice to that effect to be sent ‘romptly to the public attorney. Advisers: Atty. Guevarra Atty. Arroyo,Atty. Salvador Atty. Vinluan,kudge Bonifacio; Heads: Carissa Faylona, Maria Kristina Santos) Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escosi, Ina Blanka Sa, Nash Marchomesli,K Suares.REMEDIAL LAW REVIEWER 3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the ‘ison for trial. 4. When the custodian of the prisoner receives from the public attorney @ properly supported request for the availabilty of the prisoner for purpose of trial, the prisoner shall be made available ‘accordingly. Public Attorneys referred to in this section are those attorneys of the Public Attorney's Office of the Department of Justice who are assisting accused not financially capable to have a counsel of their own. These public attorneys enter their appearance in behalf of the accused upon his request or that of his relative or upon bbeing appointed as counsel de ofcioby the court. fat adaces Madea clea are paderepi planeta tveh Sec oe en a es bey) ee Period for arraignment Arraignment must be set within 30 days from the date the ‘court acquires jurisdiction over the person of the accused, ‘and within the same period, the court must set the case for pre-trial, and within 30 days from the receipt of the pre-trial order, the trial must be commenced. ‘Remedy of accused if period not followed ‘The remedy of the accused is to file a mation to dismiss, the information on the ground of denial of his ight to speedy trial. Falure of the accused to move for dismissal prior to tral shall constitute a waiver of his right to dlsmiss under this section ‘The dismissal shall be subject to the rules on double Jeopardy. If the dismissal is with prejudice, the case cannot be revived anymore. But if the dismissal is without Prejudice, the revival of the case is proper. pn 10. Law on speedy trial not a bar to ‘on speedy trial in the Constitution 2s 1. The axed should be brought to TRIAL within 30 Section B: Sanctions ACTS WHICH EVOKE THE SANCTION: ee 1. Knowing allowing the ese to be 5864 ‘athout dios thet Seonvalle; 2 Filed @ motion solely for andwithout marke) 3. fees ates 2 fase Sate fee lta cothuanee ones 4, wilfully fails to proceed tp trial without! bstieron ‘He SANCTIONS: a) Private Defense Counsel ~ fine not exceeding 720000 cial sanctions, ony. ) Counsel de officio, Public Attorney or Prosecutor = fine not exceeding P5, 000 + criminal sanctions, any. ©) Defense Counsel or Prosecutor — denial of the right to practice before the court trying the case for a period not exceeding 30 days + criminal sanctions, Fany. KINDS OF SANCTIONS UNDER THIS SECTION: Criminal 2.Administrative; 3.Contempt of court Section 8. Remedy where accused és not brought to trial within the time limit Advisers: Atty. Guevarra Atty. Arroyo, Atty. (Atty. Viniian judge Bonifacio; Heads: Carissa Feylona, Maria Kristina Santos; days from the date the court acquires jurisdiction ‘over the person of the accused (Rule 116, Section 1a, «If he & not brought to trial within the period specified, he may quash the information on the ground of denial of his right to speedy trial. Failure to move for dismissal prior to trial shall ‘constitute a waiver of the right to dismiss under Section 9, Rule 120. a ARRAIGNMENT must be sot within 30 days from the date the court acquires jurisdiction over the person ‘of the accused, and within the same period, the court must set the case for PRETRIAL. 3. Within 30 days from the recoipt of the pre-trial order, the TRIAL MUST BE COMMENCED. ‘Section 11. Order of trial ‘ORDER OF TRIAL: 1. Prosecution presents evidence to prove the change and, in the proper case, the civil abil. 2. The accused presents evidence to prove his defense and damages, if any. 3. The prosecution, then the defense, may present rebuttal and surrebuttal evidence unless the ‘court, in furtherance of justice, permits them to present additional evidence, 4. Upon admission of the evidence by the parties, the case is deemed submitted for decison. Understudy: Roxanne Tadique, Alexis Cimagala; Volunteers: Grace Escasa, Ina Blanka Siva, Nash Marchomsalic, K SuarezREMEDIAL LAW REVIEWER (GENERAL RULE: The order in the presentation of evidence must be followed. The accused may not be required to present his evidence first before the prosecution adduces its own proof. EXCEPTION: Where a reverse procedure was adopted without the objection of the defendant and such procedure did not prejudice his substantial rights, the defect s nota reversible error. REVERSE TRIAL When the accused admits the act or omission charged in the compain/information but interposes 2 bawful defense, the tril court may allow the accused to present hits defense first and thereafter give the prosecition the ‘opportunity to present his rebuttal evidence. * A departure from the order of the tia is NOT reversible error as where it was agreed upon seasonably objected to, bra mew edna the order of the tril was timely obfécted defense: + Where the order of the tal set forth under this. seston was not flowed by thlcourt to the aetof denying the prosecution an torpresent evidence, the judgment isa es ea + Prosecition begins because has the burden ot proving the guilt of the aécuséd, sefjing on’ the of its own et OOF ‘on the wesc comme guilt beyond reasonable doubt, 4 should fle Demurrer to Evidence. a ‘+ Refusal of the trial court to reverse the Weder of trial ‘upon demand of the accused who pleads scan as a defense is not a reversible error. (People ¥. Gutierrez, 302 SCRA 643 1999) Requires the prosecution to Prove the guilt of the ‘accused beyond reasonable ‘The accused admits the act or comission charged, but Interposes a defense, which if Proven, would exculpa ye] OPERATIONS 2010 Section 12. Application for examination of witness for accused before trial Accused may have his witness examined conditionally in his behatf BEFORE trial upon motion with notice to all other parties: ‘SUCH MOTION MUST STATE: ‘L.Name and residence of the witness; 2 substance of testimony B.witness is so sick to afford reasonable ground to ‘believe that he will not be able to attend the tral OR resides more than 100km and has no means to attend the same or other similar circumstances Section 13. Examination of defense witness; how DEPOSITION it isthe testimony of a witness taken upon oral questions [qo SC written tnterrogatories, in open court, but in pursuance < 3 emis to take testimony issued BY court, or ‘under 2 general law or court rule on the subject, and ‘duced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil or __ Beirosc oF taxa Derosmons: EU. Geter stance to the partes in ascertaining truth and checking and preventing perjury rovide an effective means of detecting. and ‘exposing false, fraudulent claims and defenses 3. Make available ina simple, convenient and inexpensive way, facts which otherwise could not bbe proved excopt with greater difficulty 4. Educate the parties in advance of trial as to the real value of their claims and defenses thereby ‘encouraging settlements Expedite Itigation Prevent delay ‘Senplfy and narrow the issues Expedite and facilitate both preparation and trial WHO SHOULD MAKE THE EXAMINATION? 1 judge; 2.a member of the Bar in good standing so designated by the judge; 3. before an inferior court designated in the order of a superior court Faylona, Maria Kristina Santos; Understudy: Roxanne Tadique, Alexis Cimagala; Velunteers: Grace Escosia na Bianka Siva, Nash Marchornsalic,K Suarez — 231witness If the court i satisfied upon proof or cath that 2 materiat witness will not testify when required, it may order the witness to post bail in such sum as may be deemed proper. if the witness refuses to post ball, the court shall imprison him until he complies or is legally discharged after his testimony has been taken. Even if the witness has been cited to appear before a Court sitting outside of the province in which he resides and the distance is more than SOkm (now 100km) from tis place of residence by the usual course of travel, he is stil bound by the subpoena. Rule 23 applies only in evil cases. (People v Montejo, 21 SCRA 722 1967) Section 15. Examination of witness for the prosecution = xanancpon or wise ron re rggCemone tle wines fo te meting ey be se) OPERATIONS 2010 Where the conditions are full, joint trial is automatic, without need for the trial court to issue an order to that effect ‘SEPRARATE TRIAL Period fo fing The motion for separate trial must be filed BEFORE the commencement of the trial and cannot be raised for the first time on appeal. Effect on testimony If a separate trial is granted, the testimony of one accused Iimputing the crime to his co-accused is not admissible against the latter. tt would be admissible if the latter had ‘the opportunity for cross-examination, Reception of evidence When a separate tral fs demanded and granted its the ‘ty, of the prosection to repeat and. produce all ‘evident each and every trial uniess thas heen agreed bythe parties thatthe evidence forthe proseition would conditionally examined by the court where, is case is pending if said “Too sick to appear at Has to leave the Phil \ OPE amination of chil wines tacked der the Rule on Examination of a Cul jess which | took effect on December 15, 2000. ‘pernber of thal oh Conducted ONLY before the Standing of before. eny { SUd8 F the court where the infer coure mY | case ending Norightt coseanine | Rigittoapeeamine Cannot be made even if the witness resides more than May be made if the witness fesides more than 100km from the place of trial 100k from the place of trial Section 16. Trial of several accused JOINT TRIAL ‘When two or more defendants are jointly charged with ‘any offense, they shall be tried jointly, unless the court, i, its discretion upon motion of the prosecution or any of the defendants, orders a separate tral. ro 0 ‘nat have to be repeated at the second (al and all the @ ceased bad been present during the presentation of the Bc 5 midence of the prosecution and their yer had the “opportunity to cross-examine the witnesses for the ‘Prosecution pj Nota matter of right “The grant of separate trial rests in the sound discretion of the court anf is not a matter of right to the accused, 2 especiaty lire itis sought after the presentation of the : ‘the prosecution. In such separate tral, only the agtsed presenting evidence has tobe present and the *Eifdence to be adduced by each accused should not be ‘considered as evidence against the other accused. ‘+ The trial judge gravely erred in rendering 2 judgment ‘of conviction against bth accused. Since the trial of 8 did not take place, the trial court should have rendered 2 decision only against A. (People v. Ellasos ‘and Obilo,G.R. No. 139323 2001) ‘Section 17. Discharge of accused to be state witness Section 18. Discharge of accused operates as ecquittal ‘STATE WITNESS ‘One of two or more persons jointly charged with the commission of a crime but who is discharged with his Consent as such accused so that he may be a witness for the state Advisers ty. Guevarra,Aty. Arroyo At. Savedor Atty. Vink nudge Bonifacio; Heads: Charisse Faylono, Maria Kristina Santos; Understudy: Roxane Tadique, Alexis Cimagata; Volunteers: Grace Escosia, Ina Blanka Silva, Nash Marohomsalc, K Suarer 232[REQUISITES TO BE A STATE WITNESS: 1. Two or more persons are jointly charged with the commission ofan offense. 2. The application for discharge i filed by the Prosecution before it rests its case. 3. Absolute necessity for the testimony of the accused. = “Absolute necessity” means that he alone has knowledge of the crime, and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecutor. 4. There is no other direct evidence available for the proper prosecution of the offense. 5. Testimony of the accused can be substantially ‘corroborated in its material points. 5. Accused does not appear to be the most gu ‘© Means that he does not appear ‘he fighest degree of cuipat tems of “Paiticipation in the commission of the offense severity of the Jmposable on all of them, 7. Accused has not been involving moral turpitude. _ TWO TYPES OF IMMUNITY: a. TRANSACTIONAL IMMUNITY — witness can no longer be prosecuted for any offense whatsoever arising out of the act or transaction. LUSE-AND-DERIVATIVE-USEAMMUNITY — witness 's only assured that his or her particular testimony and evidence derived from it will not be used _against him or her ina subsequent prosecution, DISCHARGE OF STATE WITNESS ‘The application for discharge of the state witness must be _made upon motion of the PROSECUTION before resting its ee) OPERATIONS 2010 ‘The DEFENSE sould be afforded opportunity to oppose the motion to discharge an accused to be a state witness. ‘© Any question against the order of the court to tr must be verified by: ‘contents or tenor thereof. Object evidence may consist of articles or persons, which ‘may be ethibited inside or outside the courtroom; tt may also be a mere inspection of an object or an experiment. Tangible evidence that merely illustrates a matter ‘oF importance in the litigation such as maps, diagrams, models, summaries and other ‘materials created especially for tigatc Tangible object that played ‘some actual role on the ‘matter that gave rise to the Itigation (eg. knife} relates to proving that the ‘evidence is ined the ’ — Advisers: Atty. Gueverra Aty. Aroyo,Alty. Salvador Ay. Vinivan Judge Bonifacio; Heads: Griasa Faylona,| 2. Thephotographer; any person acquainted with the object represented and testifies that the same faithfully represents the abject. For tape recordings, the ff. must be shown: (PRO-AN!V) 1. Manner of the preservation of the recording 2. The recording device was capable of recording testimony; 3. The aperator ofthe device was competent 4. Establishment of the correctness or authenticity of the recording; 5. Deletions, additions, changes have not been made; 6. Identication of the speakers; and 7. Testimony eficted was voluntarily made. ‘Authenticated fingerprints may be compared to fingerprints found on the crime scene. Understudy: Rexanne Tadique, Alexis Cimagala; Voliteers: Grace Escosia, Ina Blanka Sa, Nash Marohomsalc K Suarez 257si aL OPERATIONS 20/6 2 theories on whether the court may compel the plaintiff to submit hod for inspection ln personal jury eases: "No, because the right of a person to be secured ‘of the possession or control of his person is sacred. 2. Yes, because if tis not allowed then the court will be an instrument of the grossest injustice and therefore the object for which courts are instituted would be defeated since the courts ‘ll be compelled to give a one-sided decision WEIGHT OF AUTHORITY SUPPORTS THE 2"° THEORY The accused may be compelled to submit himself to an inspection of his body for the purpose of ascertaining Identity or for ether purpose. “There cannot be any compulsion as to the accused, ictation from the prosecuting officer for the. of determining his participation in the offense‘charged. ‘Whenever the defendant, atthe trial df his case, testifying ice ea Sve ete rR ear i in bis own tond he may on, competed to write in open pao may be able to compare his har ‘question. EXCEPTIONS: 1. When the original has been last or destroyed, or cannot be produced in court, without bad faith ‘on the part ofthe offeror, 2. When the orignal i in the custody or under the Control of the party against whom the evidence is offered, and the latter falls to produce it after reasonable notice; 3. When the original consists of numerous ‘accounts or other documents which cannot be ‘examined in court without great loss of time and the fact sought to he established from therm is Only the generat result of the whole; and 4. When the original Is a public record in the custody of 2 public officer or is recorded in a public office BEST EVIDENCE RULE - is that rule which requires the highest grade of evidence obtainable to prove a disputed the rile requiring the production of the best evidence: is the prevention of fraud because i the best ‘evidence is ot presented then the presumption of 4 suppression of evidence wil be present. NOTE: Best evidence rule apples only when the purpose of the proof isto establish the terms of writing, and not ‘court because itis immovable or in itis proper for the tribunal to go to and there observe it. e Where the object in question cagnot be, produced it. DOCUMENTARY EVIDENCE Section 2. Documentary evidence DOCUMENT — any substance having any matter expressed oF described upon it by marks capable of being read. NOTE: if itis produced without regard to the message which it contains, tis treated as real evidence, 4. Best Evidence Rule Section 3. Original document must be produced; exceptions GENERAL RULE: The original document must be produced, "Advisers: Ay. Guevarra Atty, Arroyo, Aty, Salvador At, Vinivan Judge Boil For the application of the best evidence, it is essential that: 1H original wing rsa phate document first duly identified; Sficent foundation be i, sas to ent the ‘wrt to be admitted in evidence and 3. must be aolble tothe opmoste party for ruse-examition Section 4. Original document. WHATS AN ORIGINAL DOCUMENT? 1. The original ofa document is one the contents of Which ae the subject oF inquiry. 2 When a document is in two or more copies, executed at or about the same time, with ‘identical contents, all such copies are equally regarded as originals 3. When an entry is repeated in the regular course, ‘of business, one being copied from another at or ‘near the time of the trancaction, all entries are likewise equally regarded as originals. ‘+ if carbon copies are signed, they are considered as originals. ieads Clarissa Fayiona, Maria Kristina Santon; ‘Understudy: Roxanne Tadique, Alexis imagala; Volunteers: Gace Escosla na Blanka Siva, Nash Marohomsali,K Suarer — 258