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Rule 112 BEHALF, can be a RULE 117 MOTION TO QUASH

Prelim Investigation witness for himself but (1) FJJ-OC-MELD (2) Discharge of an accused to be Utilized as
(1) Definition subj to CE covered by (2) when? before plea XPT FJoED State Witness (DASW)
(2) Purpose directE [Sev-MoCoH- Sa:AGASM]
(3) Probable cause
a) What it is? - Right to be informed of the nature and cause of (a) Order: operates as acquittal
b) Basis accusation against him
c) Types of Determination of Probable > If not the crime charged: REQs (b) GR: cannot be re-included
cause 1. Necessarily included in the crime (3) Remedies of accused or prosecutor XPN: [Refuses/inconsistent]
d) Kinds of Probable cause charged a) of PROSECUTOR if MTQ is granted
(4) How conducted? (5steps) CSEIJada 2. crime proven: not yet prescribed 1. Amend: FCML (c) “Mo” – motion
(5) Remedy if no PI- MTS ->  no outright dismissal
(6) When can be waived? RULE 116: Arraignment and Plea -> if C/I still suffers defect, then Granted Denied
-entering plea dismiss 1. X is discharged 1. X remains as an accused
(7) MJD of PC prohibited 2. Refile: Jo 2. Statement: 2. Statement: not
(8) MTC ->  outright dismissal admissible admissible in evidence
1. 421 -6yrs: [ADA] -> file in the court that has juri
2. <421 3. Appeal: E&D (d) WPP v DASW
a) [ADA] I. Reading of the CI -> if ground is ED, no amend and OTEC-P-BAG
b) J: personally examine (1) When can be waived? [ME] no refile 1. Offenses
(9) Summons 1. Multiple cases b) of ACCUSED: if MTQ is denied 2. Threat
a) definition 2. Environmental Law 1. if not pleaded to the charge yet: 3. Enforcement agency
b) GR:not a process in crim case -Upon posting of a bail, he will sign an enter Plea, then proceed to trial 4. Charge
c) XPN: (1. xPI; 2. xNecessity of placing) undertaking that (1) he will appear in Court 2. Appeal: 5. Pending
for arraignment; and that (2) upon his failure a. assign an error or; 6. Benefit
Rule 113 to appear in the arraignment, he b. show court that he committed 7. Accused
(1) What? AUTHORIZES the court to enter a plea of NG grave abuse of discretion by 8. Granted
(2) Who? for him. filing Petfor Certiorari under R65
(3) Detained but arrest is illegal (2) Cannot waive the ARRAIGNMENT, only (3) Demurrer to Evidence
Remedy: READING (4) Rules: (a) (outline)
a) No case: PHC 1. If the prosecution fails to make (b) Remedy if DTe is:
b)  case: MTQ II. Plea -> Guilty amendment notwithstanding the 1. D: Present evidence
-> Not Guilty order given by the Court, the Court 2. G: PRC: Sd/Gradalej
Rule 114 (1) 4 instances where Court will enter plea of will dismiss the case. (c) No appeal available, remedy is
(1) Definition NG [ RCEE] 2. An order sustaining the MTQ is not a Certiorari:
(2) Conditions of Bail 1. refuses – (PI, MTQ) bar to another prosecution for the -> validity of J is questioned
(3) Form/ Kinds of Bail 2. C/PG – (“guilty but”) same offense unless the motion is (d) Appeal from J. of acquittal is available
(4) Bail matter of 3. Exculpatory sustained on the ground of E* or D* if:
1. right (pleaded G; present MC 3. No information may be filed without 1. plea
2. discretion -> becomes Self-Defense) prior approval of city/prov prosecutor 2. court of competent jurisdiction
3. neither matter of right/discretion(4) 4. E.L. – (undertaking…) or CSP 3. a. convicted
[b4-after-after-finality -> effect if no approval: ground for b. acquitted
xpt probation] (2) 3 instances where Court may allow the X to MTQ c. case dismissed/terminated
Bail negating circumstances [REPUF] plead guilty to a lesser offense [PGTLO] Officer no auth to file = no Jo w/out his consent
(5) Recognizance 1. If X PGTLO -> validity of J is not questioned
1. When can be released on a) not capital offense: (5) Motion for provisional dismissal
recognizance [LYDPQ] J-> promulgated 1. Requisites: Rule 120 – Judgment
2. Not automatic b) capital offense:  consent of the accused (1) definition
3. Requisites: SCAN NO promulgation of J; instead: - no consent, prov dismissal will (2) requisites [WPCSF]
4. When filed? [SPE] become permanent; can no longer (3) sin perjuico judgment
MTC: b4/after JC 1. searching inquiry: be revived (4) Who may promulgate?
RTC: after JC voluntariness - must be EXPRESS consent GR: Incumbent Judge
(6) Where to file BAIL? 2. prosecution: guilt and degree  notice to the OP XPN: Clerk of Court
1. a. pending- RTC/MTC in prov, in MTC: 3. X present evidence 2. When can be revived? 1 or 2 yrs if Judge is:
same place 2. If non-capital offense: require to 3. Civ case v Crim Case 1. Absent or;
present evid -D w/out prejudice -D provisionally 2. Outside the province/city
b. arrested other than case pending: - refile (diff docket) -revive (same d) (5) Not an incumbent judge if:
RTC/MTC arrested PLEA BARGAINING 4. MTQ v. MPD 1. he dies
2. M of Discretion: where pending -pleads guilty to a lesser offense ground-who-when-how 2. if resigns
3. Custody: prov/muni is held (1) When valid? 3. if dismissed
4. convicted + m. of discretion: a) at the arraignment RULE 118 PRETRIAL 4. if promoted to a higher position
SAME RTC notw N/A -with consent (X and Pros) -when: if X pleads NG
Effect: if transmitted: xjuri b) after arraignment -Purposes: PSM-OMO (6) Rule:
5. JC nature of offense 1. b4 trial One who fails to appear at the time of the
B -> NB: appellate court 2. after withdrawing P of G RULE 119 TRIAL promulgation of judgment will lose of the
(7) Order of Forfeiture 3. consent (X and Pros) (1) Conditional Examination remedies of the accused
a) when? – fails to appear despite notice a) Grounds: [AI100]
b) Court -> bondsmen [ PSA] If no consent of X; where only Pros b) Civ case v Crim case Lost remedies may be regained:
1st : produce body of X consented By means of: -W/in 15 days from promulgation of
2nd : show cause Y no FJ should -> valid, provided NOTICE was given to X > Deposition before action judgment [SFem]
be rendered (2) When can be made? >pending action 1. X must surrender himself
3rd :explain Y cannot appear -> at the ARRAIGNMENT Civil case Who? 2. file Motion for Leave to avail the
c) Order of Confiscation: -At the A, X is required to APPEAR for >party; remedies
If failed to do the 1st, 2nd, and 3rd purposes of: > not a party; - explain the failure to appeal
(8) Cancellation of Bail 1. plea bargaining With LoC -if meritorious: Order
2. determination of civil liability By means of:
A. Motion or B. Automatic 3. other means of requiring his presence > Conditional examination Ord88888888er:15 days from receipt of
Application (3) RA 9165 -prohibits plea bargaining Crim case Who? order to avail the remedy
[SD] [ADC] -> declared as unconstitutional >Witness for the accused
-> requisite: Estipona v Lobrigo > Witness for the prosec (7) Suspension of Judgment
Rule 115 –Rights of the Accused -minor or youthful offender
- no duty to prove his innocence (4) Suspension of Arraignment Conditional examination: Rule:
- - Grounds:[UMC-PQ-PetforRevDOJ] 1. Suspension of sentence is allowed
Witness for the Witness for the
Witness Accused provided he is below 21 yrs of age
accused prosecution
Note: Before arraignment… 2. Pp v Monticalvo
Right against self- Right to be exempt Where: Where:
1. Suspend 2. Suspend 3. MTQ - Accused: minor offender is entitled to
incrimination from being a witness  before ANY  ONLY before
a) UMC - PI - at any suspension of sentence even if over 21 yrs
against himself court the court where
b) PQ - not raised, time b4 after the sentence has been promulgated
Can only invoke the Can invoke the right  before any case is pending
c) Pet for waived plea *Ombudsman is not a court
right the moment a even if no question has member of Phil (8) Motion for Execution
Rev – DOJ/OP
question is directed yet been directed Bar No need for ME, because once the
- 60 days
against him AND the q against him judgment becomes final
tends to discriminate -> Court will issue Order of Arrest
him
If wishes to testify as a (9) Prescription of Penalty
witness IN HIS OWN Rules:
1. Service/ Penalty will begin to run the
time the prisoner escapes from prison
2. Civil liability:
(a) Motion for Execution
- has 5 years from entry from the
date of finality
- date of finality = date of entry
(b) Action for Revival
-has 10 years from entry of
judgment

APPEAL FROM JUDGMENT TO A HIGHER


COURT

(1) Who can appeal?


1. Only a party to the case can appeal from
a judgment of conviction
2. State
-provided appeal by the State will not
prejudice the right of the accused in
double jeopardy
3. Offended Party
-only as to civil aspect

(2)
Culpa criminal Culpa Aquiliana
-cannot go after the ER -can go after ER on his
Unless file a case vicarious liability
against the EE
EE is primarily liable EE can be sued on his
personal liability
Defense of “good Defense of “good
father of a family” in father of a family” in
the selection & the selection &
supervision of the supervision of the
employees is NOT a employees is NOT a
proper defense proper defense

(3) If the ER is not a party to the case, he


cannot appeal the case even if the ER might
become subsequently liable

(4) Effect of an appeal on judgment


(a) it STAYS
(b) If one appeals and the others does not
- will affect the accused who did not
appeal PROVIDED,
1. applicable and
2. favourable to the accused