CRIMINAL PROCEDURE

OUTLINE

I. DEFINITION OF CRIMINAL LAW

II. DEFINITION OF CRIMINAL PROCEDURE
III.OVERVIEW
A. Arrest (warrantless)
B. MIRANDA Rights
C. Custodial Investigation/admission/confession
D. Self-Preservation
E. Preparation of police blotter/Issuance of extract of blotter
F. Preparation of Affidavit-Complaint/Witness Affidavit
G. Gathering/Preservation of evidence
H. Indorsement to Office of the City/Provincial Prosecutor
I. Inquest vs Regular P.I.
J. Probable cause
K. Preparation of Information
L. Actual filing in court
> Courts – MTCC,MCTC,RTC
M. Arraignment to Judgment to Petition for Probation/Appeal
IV. ARREST – Rule 113
A. Definition of Arrest
B. Lawful Warrantless Arrest
C. Custodial Investigation
D. Citizen’s arrest
E. Arrest w/ warrant
F. Time of making an arrest
V. SEARCH AND SEIZURE – Rule 126
A. Definition of Search Warrant
B. Who issues, requisites for issuance
C. What, where and when to seize
D. Witnesses, Receipt, Delivery to court
E. Valid Warrantless Search & Seizure
 VI. INQUEST/REGULAR P.I. –Rule 112
A. Waiver of Art. 125, RPC
B. Counter-Affidavit – 10 days
C. Probable cause/dismissal
D. Period for Resolution

VII.COMPLAINT/INFORMATION
A. Definition of terms
B. Requisites
C. Examples

VIII. ISSUANCE OF WARRANT OF ARREST (not in

flagrante)
>by judge after finding of probable cause, otherwise,
dismiss
>RTC Cases (6yrs,1 day and up)

IX. JURISDICTION
> MTCC, MCTC, RTC
X. BAIL – Rule 114
XI. RIGHTS OF THE ACCUSED
Rule 115
XII. ARRAIGNMENT – Rule
116, Rule 117
XIII. PRE-TRIAL
XIV. TRIAL
XV. JUDGMENT
XVI. APPEALS
XVII. FLOW CHART
 CRIMINAL LAW
– that branch of law
which defines crimes
or declares what acts
are crimes and
prescribes or provides
the punishment for
their commission.
CRIMINAL PROCEDURE
– It is the method prescribed
by law for the apprehension
and prosecution of persons
accused of any criminal
offense, and for their
punishment, in case of
conviction.
- Procedural steps commencing
from initial investigation
 Lawful Warrantless Arrest

1. When in his presence, the person to be

arrested has committed, is actually
committing, or is attempting to commit an
offense (In Flagrante /Caught in the Act
Arrest).

• PRESENCE does not only require that the

arresting person sees the offense, but also
when he “hears the disturbance created
thereby AND proceeds at once to the scene.”
 ARREST – Rule 113

Arrest – The taking of a person into custody

in order that he may be bound to answer for
the commission of an offense. (R. 113, s. 1)

It is made by an actual restraint of a person to

be arrested, or by his submission to the custody
of the person making the arrest. No violence or
unnecessary force shall be used in making an
arrest. The person arrested shall not be
subjected to a greater restraint than is necessary
for his detention. (R.113, s. 2)
 2. When an offense has just been committed and
he has probable cause to believe based on personal
knowledge of facts or circumstances that the person
to be arrested has committed it.

(HOT PURSUIT ARREST)

> While the law enforcers may not actually witness

the execution of acts constituting the offense, they
must have direct knowledge or view of the crime
right after the commission. They should know for a
fact that a crime was committed. And they must also
perceive acts exhibited by the person to be arrested,
indicating that he perpetrated the crime. Mere
intelligence information will not suffice.
 Probable cause means an actual belief
or reasonable grounds of suspicion.
reasonable = based on actual facts +
good faith on the part of the arresting
officer

3. A prisoner who escaped from a penal

establishment where he is serving final
judgment or is temporarily confined or has
escaped while being transferred from one
confinement
 *Duty of Police Officer in effecting an
arrest:

Inform the arrested person, in a

language known and understood by him,
of his rights to remain silent and to have
competent and independent counsel
(Miranda Rights)
 MIRANDA WARNING!
 You are arrested for the crime of Parricide or by virtue of
warrant of arrest, showing him the warrant as it is
practicable).

 1. You have the right to remain silent. Any statement

you make may be used for or against you in any court of
law in the Philippines.
 2. You have the right to have competent and
independent counsel preferably of you own choice.
 3. If you cannot afford the services of counsel the
government will provide one for you.
 Do you understand these rights?
 Anti-Torture Warning!
 “You have the right to demand
physical examination by an
independent and competent doctor of
your choice. If you cannot afford the
services of a doctor, the state shall
provide one for you”
Custodial Investigation –
includes “invitation” or an
investigation in connection with
an offense he is suspected of.
Presence/assistance of counsel
is required. Instead, file
complaint to the Prosecutor’s
Office for its appropriate action.
 Citizen’s Arrest – warrantless arrest by a
private person;
Method of Citizen’s arrest:
Private person must inform the person to
be arrested of the intent to arrest and cause
of the arrest
ARREST W/O A WARRANT:
Duty of arresting officer:
1.Arrest the accused and
2.Deliver him to the nearest police station or
jail without unnecessary delay.
Warrant must be executed within 10 days from
receipt.
 Extra-judicial Confession

Requirements to be admissible in court:

1. It must be in writing;
2. Signed by the arrested person in
counsel’s presence;
3. Counsel must also sign to show his
presence;
> If he has no counsel, there must be a
valid waiver, in writing, and witnessed
by his parents, spouse, etc.
WARRANT OF ARREST – enforceable indefinitely, until such time
as the person is arrested, until it is executed, recalled or quashed.

ISSUER OF ARREST WARRANT:

(1)Judge
(2)Others authorized by law – B.I.D. Commissioner (after a final Deportation
Order is issued)
METHOD OF ARREST WITH WARRANT:
Inform the person of the cause of the arrest and that he has a warrant
EXCEPT if he flees, forcibly resists before the police had opportunity to
tell him and if to inform him will imperil the arrest.

Arrest Warrant need not be in the possession of the arresting officer at the
time of the arrest but, if required, the warrant should be shown as soon as
practicable.

Police officer may verbally ask any person to assist him in arresting a
person. Any person may refuse rendering assistance to the police officer if
it is detrimental to himself.
BREAK INTO A BUILDING OR ENCLOSURE:

- if he is refused entry

- after he announced his authority and

purpose

- NOT ALLOWED in citizen’s arrest

RIGHT TO BREAK OUT – if necessary to free himself

*When Warrant of Arrest is NOT necessary:
- under detention
- summary procedure cases
-offense penalized by fine only.
- also in entrapment operations
 SEARCH AND SEIZURE
SEARCH WARRANT: an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and
bring it before the court.

Who issues: Judge, AFTER he is convinced that the applicant has complied
with the following requirements:
probable cause* in connection with one specific offense to be determined
personally by the judge after –

(2) examination under oath or affirmation of the complainant and the

witnesses he may produce –

(3) particularly describing the place to be searched and the things to be

seized which may be anywhere in the Philippines.

* Probable cause for search is defined as such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.
 Q. Where should one file an application for
a Search Warrant?

 A. As a general rule, any court whose

territorial jurisdiction a crime was
committed BUT FOR Compelling reasons
stated in the application, any court within
the judicial region where the crime was
committed if the place of the commission
of the crime is known, or any court within
the judicial region where the warrant shall
be enforced.
 Example:

 A drug syndicate keeps his drugs in a

warehouse in Pasay for the reason that it
has connection in Pasay and can easily get
a tip when the police officers will file for a
search warrant. To avoid the drug
syndicate from getting a tip of the
impending search, the police officers apply
for a search warrant in Makati stating the
compelling reasons.
 However, if the criminal action has already
been filed, the application shall only be
made in the court where the criminal
action is pending.
 Personal Property to be seized (Sec. 3):
1) Subject of the offense

(2) Stolen or embezzled and other proceeds, or fruits of the offense; or

(3) Used or intended to be used as the means of committing an offense.

may or may not be owned by him.

> When to search & seize: Day time, unless the warrant states any time of the
day or night.
Validity of Search Warrant: 10 days from its date. VOID AFTER 10 DAYS.

* To serve the search warrant, the police officer has the right to break door or
window (Section 7).

> WITNESSES: lawful occupant thereof or any member of his family or in

the absence of the latter, two witnesses of sufficient age and discretion
residing in the same locality.
 After seizing property, the police officer must:
(1)Issue receipt of the seized items, giving a copy to the
occupant or leave a receipt in the place in which he
found the seized property.

(2) Deliver the seized items to the court and inventory duly
verified under oath.

The illegality of the search warrant does not call for the
return of the things seized, if the possession thereof is
prohibited by law (malum prohibitum)

IF NO ITEMS ARE SEIZED: Return the warrant to the

court 10 days after issue, stating the reasons for the
failure.
VALID WARRANTLESS SEARCH & SEIZURE

I. SEARCH INCIDENTAL TO LAWFUL

ARREST
- person arrested is searched for
dangerous weapons or anything which may have
been used in an offense

> there must be an arrest BEFORE a search can

be made on:
(1) the person arrested and
(2) the area within which the arrested
person may reach for a weapon or an evidence
to destroy.
 TEST FOR A VALID WARRANTLESS SEARCH
INCIDENTAL TO A LAWFUL ARREST.

 1. The item to be searched was

within the arrestee’s custody or
area of immediate control.
 2. The search was
contemporaneous ( existing of
happening during the same
period ) with the arrest.
II. PLAIN VIEW DOCTRINE
Requisites:
A prior valid intrusion based on the valid
warrantless arrest in which the police are
legally present in the pursuit of their
official duties;
Evidence was inadvertently discovered by
the police officer who had the right to be
where they are;
The evidence must be immediately
apparent;
Justified by mere seizure of evidence
without further search.
III. SEARCH OF MOVING VEHICLES,
CHECKPOINTS
> Limited to visual search, i.e., the vehicle is not searched;
the occupants are not subjected to body search.

IV. CUSTOMS SEARCHES OR SEIZURE OF GOODS

CONCEALED TO AVOID DUTIES.

V. SEARCH PURSUANT TO A ROUTINE AIRPORT

SECURITY PROCEDURE

VI. STOP & FRISK THEORY

VII.CONSENTED WARRANTLESS SEARCH

* Fruit of a poisonous tree/inadmissible in evidence

 What is Stop & Frisk Situation? When
it is valid?

 It is a situation wherein there is protective

search of outer clothing for weapons.
 While probable cause is not required to
conduct a stop and frisk, mere suspicion
or a hunch( belief) will not validate such
procedure.
 A GENUINE reason must exist, in light of
the police officer’s experience and
surrounding conditions, to warrant the
belief that the person has detained the
weapons concealed about him.
 Stop and Frisk Rule.

 The rule is stated in the case of Terry Vs. Ohio.

Where a police officer observes unusual conduct
which leads him reasonably to conclude in light
of his experience that criminal activity may be
afoot and that the person with whom he is
dealing may be armed and presently dangerous,
he is entitled for the protection of himself and
other’s in the area to conduct a carefully limited
search of outer clothing of such persons in an
attempt to discover weapons which might be
used to assault him. Such search is reasonable
search.
 Q. CAN A POLICE OFFICER SEIZE ANYTHING
THAT IS NOT INCLUDED IN THE WARRANT?

 A. NO, anything not included in the

warrant cannot be seized EXCEPT if it is
mala prohibita, in which case, the seizure
is justified under the plain view doctrine.
 Even if the object was related to the
crime, but it is not mentioned in warrant
nor it is mala prohibita ( act or offense
prohibited by law), it still cannot be
seized.
 INQUEST vs. REGULAR P.I.
Inquest - an informal and summary investigation conducted by
a prosecutor in criminal cases where the person arrested or
detained without a warrant of arrest is under investigation to
determine whether sufficient evidence exists for their continued
detention and prosecution in court.

Preliminary Investigation - an inquiry or proceeding to

determine whether there is sufficient ground to engender a well-
founded belief that a crime has been committed and the
respondent is probably guilty thereof, and should be held for trial.

> A P.I. is required where the penalty is at least 4

years, 2 months and 1 day without regard to the fine.
>Waiver – as provided in Article 125 of the RPC –
12,24,36 hrs. allowable detention; Complaint/Information
must be filed, otherwise, release the respondent.
 Complainant Vs. Akus Sado Respondent:

 Request for Preliminary Investigation & waiver

under Art. 125 of RPC.
 I wish to avail myself of my right to a P.I. and,
for this purpose. I hereby voluntary waive my
rights under the provision of Art. 125 of RPC.
Pending the completion of the P.I. proceedings, I
agree to remain under police custody.

 05 Feb, 2018, Molave

 Sign._______
Respondent
 Assisted by.____________
 counsel
Counter-Affidavit – to be submitted if the respondent executes a
Waiver during the Inquest Proceeding; to be filed by the
respondent within 10 days if regular P.I.

Probable cause/dismissal

Probable cause – to determine if the evidence submitted by the

complainant is sufficient to form a well-founded belief that a
crime was committed and that the respondent is probably guilty
thereof and should be held for trial.
Period for Resolution
> if Inquest but Respondent executed Waiver:
15 days
> if regular P.I.: 60 days
 COMPLAINT vs. INFORMATION

COMPLAINT – A sworn written statement charging a

person with an offense, subscribed by (1) the offended
party or (2) peace officer or (3) public officer charged with
the enforcement of the law violated.
Offended Party
Peace officers – police officers, NBI Agents, other
law enforcement agents (CIDG,SWAT, etc.)
Public officers charged with the enforcement of the
law violated – BIR employees, customs agents, National
Pollution Council Agents
 Complaint by offended party –
required in the following cases:
1) adultery
2) concubinage
3) seduction
4) abduction
5) acts of lasciviousness
6) defamation consisting in the imputation
of any of the above crimes

INFORMATION > An accusation in writing

charging a person with an offense subscribed/ signed
by the prosecutor and filed with the court
ISSUANCE OF WARRANT OF ARREST (not in flagrante case)
>by judge after finding of probable cause, otherwise,
dismiss
>RTC Cases (6yrs,1 day and up)

JURISDICTION – the power or the capacity given by law to a

court or tribunal to entertain, hear and determine certain
controversies. It is vested in the court, not in the judge.

MTCC/MCTC –if penalty is imprisonment for 6 yrs. and below,

regardless of amount of fine
>Examples:
1. Grave Oral Defamation
2. Theft
3. Illegal Possession of Low- Powered firearms and
ammunitions
4. Less Serious Physical Injuries
5. Illegal Possession of Deadly Weapon
- also cases falling under the Rules on
Summary Procedure
>Examples:
1. Slight Physical Injuries
2. Malicious Mischief
3. Slander by Deed
4. Violation of B.P. Blg. 22
5. Maltreatment
6. Violations of ordinances, etc.
Examples:
a. Traffic Violations
b. Viol. of No Smoking
Ordinance
*RTC – if penalty is imprisonment for a period of 6 yrs. and
1 day and above.
>Examples:
1)Murder
2)Rape
3)Qualified Theft
4)Robbery
5)Estafa
6)Illegal Possession of high-powered F/A and
Ammunitions
7)Kidnapping
8)Homicide

* SPECIAL COURTS – Family Courts, Drugs Courts

 BAIL - The security given for the release of a
person in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any
court as required under the conditions specified by
the Rules. It may be corporate surety, property, cash
deposit or recognizance.

* All persons in custody shall be admitted to bail as a

matter of right before conviction of an offense not
punishable by death, reclusion perpetua or life
imprisonment. After conviction, bail is discretionary.
 Q. State the constitutional right to
bail?
 A. All persons, except those charge with
the offense punishable with reclusion
perpetua when the evidence of guilt is
strong, shall before conviction, be bailable
by sufficient sureties , or be released on
recognizance as may be provided by law.
The right to bail shall not be impaired
even when the privilege of writ of habeas
corpus is suspended. Excessive bail shall
not be required. ( Sec. 13, Art. 111, 1987
Constitution)
 Q. X was charged with the crime of Murder. After
trial he was convicted of the crime of Homicide.
The accused appealed and the record has been
transmitted to the appellate court. In what court
should a petition for bail be filed? Why?

 A. It should be filed and resolved by the appellate court.

Under the rules, if the decision of the trial court
convicting the accused changed the nature of the
offense from non-bailable to bailable, the application for
bail can only be filed with and resolved by the appellate
court. The reason for the rule is that, the trial court has
already lost jurisdiction over the subject matter upon the
perfection of the appeal and transmission of the record
to the appellate court.
 Q. Can a person charged with capital
offense or one punishable by
reclusion perpetua or life
imprisonment be admitted to bail?
 A. No. no person charged with capital
offense, or an offense punishable by
reclusion perpetua or life
imprisonment, when evidence of guilt
is strong, shall be admitted to bail
regardless of the stage of criminal
prosecution.
 Q. Who has the burden of proof that the
evidence of guilt is strong in an
application for bail?

 A. At the hearing of an application for bail

filed by any person who is in custody for
the commission of an offense punishable
by death, reclusion perpetua or life
imprisonment, the prosecution has the
burden of showing that the evidence of
guilt is strong.
 Q. State the guidelines in the fixing of the bail.

 A. The court may consider the following:

 i. Financial ability of the accused to give bail.
 Ii. Nature and circumstances of the offense.
 Iii. Penalty of the offense charged;
 Iv. Character and reputation of the accused.
 V. Age and health of the accused.
 Vi. The weight of the evidence against the
accused.
 Vii. Probability of the accused appearing in the
trial.
 Viii. The fact that the accused is fugitive from
justice when arrested.
 X. The pendency of other cases in which the
accused is under bond.
 Q. May excessive bail be imposed?
Why?
 A. No, because that is tantamount to
denying bail.

 Q. What is a property bond?

 A. A property bond is an undertaking

constituted as a lien on real property given
as security for the amount of bail.
 Q. What shall the court do if a person has been
in the custody for a period equal to or more than
the possible maximum imprisonment of the
offense charged?

 A. He shall be release immediately, without

prejudice to the continuation of the trial or the
proceeding on appeal.

A person in custody for a period equal to or

more than the minimum of the principal penalty
prescribed for the offense charged, shall be
release on a reduce bail or recognizance, at the
discretion of the court.
 Q.When may a person out of bail be
re-arrested?

 A.An accused release on bail may be

re-arrested without the necessity of a
warrant if he attempt to depart from
the Philippines without prior
permission of the court where the
case is pending.
 Q.X jumped bail. After his re-arrest,
the judge disapproved his application
for bail. Was the act of the judge
correct? Why?

 A.No. Even if the accused jumped

bail, he cannot be denied bail. The
remedy is to increase the amount of
bail.
 Q. The constitution prohibits the
imposition of excessive bail. What are the
reasons behind the prohibition?
 A. The reasons are:
 1. To safeguard the liability of the
individual.
 2. Imposition of the excessive bail amount
to nullification of the right to bail which is
offensive to the Constitution.
 3. Right to bail would become
meaningless.
 Q. X, a general in the AFP, was
arrested for his participation in the
failed coup’d’etat. Can he invoke his
right to bail? Why?

 A.No. bail is not available to military

officers as a matter of tradition and
exception to the general rule. This is
based on national security
considerations.
 Q. Can the general referred to above
invoke the equal protection clause
considering that civilians are entitled to
bail? Why?

 A. No, because the constitutional guaranty

requires equal treatment only of persons
or things similarly situated and is
inapplicable where the subject of the
treatment is substantially different from
others. The denial to exercise bail is
addressed to all military personnel
irrespective of their ranks; hence, nobody
is discriminated against.
 Q.Why cannot the RTC grant bail
while the case is pending preliminary
investigation by the MTC?

 A. The MTC still conducting

preliminary investigation, hence, the
RTC has not yet acquired jurisdiction;
thus, it cannot entertain the petition
for bail, as there is no information yet
filed in the RTC.
 X,
was convicted of Murder and
sentence to a penalty of reclusion
perpetua. He applealed to the
Supreme Court. Is he entitled to bail?
Why?

 A.No, because his conviction clearly

imports that the evidence of guilt is
strong.
 Q. X, was charge with capital offense.
After preliminary investigation, the
prosecutor filed the case in court and
recommended bail of P 150,000; hence,
the court issued a warrant of arrest with
the recommended bail. Is the act of the
judge correct? Why?

 A. No, because it is capital offense. The

court should issue a warrant of arrest
without bail. Let the accused apply for bail
and prove that the evidence of guilt is not
strong.
 Q. X was charged with a heinous offense.
He filed a petition for bail but the state
contended that he should be arraigned
first before hearing of the petition for bail?
Is the contention correct? Why?

 A. The arraignment of an accused is not a

prerequisite to the conduct of hearings on
his petition for bail. A person is allowed to
petition for bail as soon as he is deprived
of his liberty by virtue of his arrest or
voluntary surrender.
 ARRAIGNMENT (Rule 116) - made in
open court by furnishing him a copy of the
information, reading the same in the
language known to accused and asking him
whether he pleads guilty or not guilty.

* The accused shall be arraigned within 10

days from date of raffle, the pre-trial
conference shall be held within 10 days after
arraignment.
 a) Right to counsel
b) Required language/dialect
c) Plea-bargaining

* At arraignment, the accused with the consent

of the offended party and prosecutor, may be
allowed to plead guilty to a lesser offense. After
arraignment but before trial, the accused may
still be allowed to plead guilty to a lesser
offense after withdrawing his plea of not guilty.
 Q. State the effect if an accused pleads
guilty but presents exculpatory evidence?

 A. When the accused pleads guilty but

presents exculpatory evidence, his plea
shall be deemed withdrawn and plea of
not guilty shall be entered. The reason for
the rule is that, the accused cannot
impose conditions or interpose defenses if
he pleads guilty. A plea of guilty is an
unconditional admission of guilt.
 Q. State the rules to be followed if an
accused is under detention but he has not
yet been arraigned.

 A. When the accused is under preventive

detention, his case shall be raffled and its
records transmitted to the judge to whom
the case was raffled within 3 days from
the filling of the information or complaint.
The accused shall be arraigned within 10
days from the date of the raffle. The pre-
trial conference of his case shall be held
within 10 days after arraignment.
 Q.What are the purpose for which
the offended party may be required
to appear at the arraignment.?

 A. The private offended party may be

required to appear at the arraignment
for purpose of:
 1. Plea-bargaining
 2. Determination of civil liability.
 3. Other matters requiring his
presence.
 Q. What is the effect if the offended party
fails to appear at the time of the
arraignment?

 A. In case of failure of the offended party

to appear at the arraignment despite due
notice. The court may allow the accused
to enter a plea of guilty to a lesser offense
which is necessary included in the offense
charged with the conformity of the trial
prosecutor alone.
 Q. Within what period should the accused
be arraigned?

 A. The arraignment of the accused shall

be held within 30days from the date the
court acquires jurisdiction over the person
of the accused, unless shorter period is
provided by SC circular. The time of the
pendency of a motion to quash or for a bill
of particular or other causing justifying
suspension of the arraignment shall be
excluded in computing the period.
 Q.What is arraignment? Cite some
rules.

 A.Arraignment is the formal mode of

implementing the constitutional rights
of the accused to be informed of the
nature of the accusation against him.
 Some Rules:

 A. Trial in absentia is allowed only

after arraignment.
 B. Judgment is generally void if
the accused has not been
arraigned.
 C. There can be no arraignment
in absentia.
 Q. Why is arraignment of an accused
is necessary?

 A.It is important because it is the

mode of implementing the
constitutional right to be inform of
the nature and accusation against
him, and to fix the identity of the
accused.
 Q.if there were several charges
against the accused, should he be
arraigned in all of them? Why?

 A.Yes, otherwise, no judgment can

be made against him with respect to
those where he was not properly
arraigned.
 Q.
If an information is amended
materially, is there a need to for
another arraignment?

 A. Yes, arraignment on the amended

information is mandatory since the
accused has the right to be informed
of the nature of the charge against
him.
 Q.What shall the court do if the
accused refuses to enter his plea.?

 A.If the accused refuses to plead, or

makes conditional plea of guilty, a
plea of not guilty shall be entered for
him.
 Q.May the accused be arraigned in
absentia?

 A.No, the accused must be present

at the arraignment and must
personally enter his plea. Arraignment
requires the personal appearance of
the accused.
 Q. When may an accused enter a plea of
guilty to a lesser offense?

 A. An accused may enter a plea of guilty

to a lesser offense provided that it is
necessary included in the offense charged.
 Example:
 If an accused is charged with Murder, he
may be allowed, to enter a plea of guilty
to homicide. The latter is necessary
included in the former.
 Q. X was convicted with murder. He
entered a plea of guilty to homicide
without the consent of the prosecutor and
the complainant. He was convicted. Is the
conviction valid?

 A. No, because it was done without the

consent of the prosecutor and the
complainant. In that case, the conviction
is not valid and shall not be a bar to
another prosecution for an offense which
necessary includes the offense charged in
the former information.
 Q.What is the effect if the accused
pleads guilty to a lesser offense?

 A.A conviction under this plea shall

be equivalent to a conviction of the
offense charged for the purposes of
double jeopardy.
 Q. What must the court do if the accused
enters a plea of guilty to a capital
offense.?

 A. The court shall conduct a searching

inquiry into the voluntariness and full
comprehension of the consequences of his
plea and require the prosecution to prove
his guilt and the precise degree of
culpability. The accused may also present
evidence in his behalf.
 Q.What do you understand by
searching inquiry?

 A.It means more than informing

cursorily( quick) the accused that he
faces a jail term. It also includes the
exact length of time of imprisonment
under the law and the certainty that
he will serve at the national
penitentiary or a penal colony.
 Q.May the accused withdraw his plea
of guilty?

 A.Yes, if it is improvident.(
thoughtless) At any time before the
judgment of conviction becomes final,
the court may permit an improvident
plea of guilty to be withdrawn and
substituted by plea of not guilty.
 Q.State the duties of the court
before arraigning the accused.

 1. The court shall inform the accused

of his right to counsel and shall ask
him if he desires to have one.
 2. Unless he has employed a counsel
of his choice, the court must assign a
counsel de officio.
 Q. Who may be appointed counsel de
officio?
 A. The court, considering the gravity of
the offense and the difficulty of the
questions that may be arise, shall appoint
as counsel de officio only as member of
the Philippine Bar in good standing who,
by reason of their experience and ability
may adequately defend the accused. But
in localities where such member of the bar
are not available, the court may appoint
any person, resident of the province and
of good repute for probity and ability, to
defend the accused.
 RULE 117. MOTION TO QUASH
 Q.
When can the accused file a
motion to quash?

 A.At any time before entering the

plea, the accused may move to quash
the complaint or information.
 MOTION TO QUASH
 Isa special pleading filed by the
defendant before entering his plea
wherein he hypothetically admits the
truth of the facts spelled out in the
information or complaint at the same
time he sets up a matter which, if
duly proved, would preclude further
proceedings.
Q. May a motion to quash be
filed after the plea of the
accused?

A.No motion to quash can be

entertained after accused
enters his plea.
The following are the exceptions:

 1. Lack of jurisdiction over the

offense charged;
 2. The facts alleged charged no
offense;
 3. That the offense or the penalty
has prescribed; or
 4. Double Jeopardy
 Q. What is the effect of failure to move to quash
or failure to allege a ground?
 A. It shall be deemed a waiver of any objections.
 Except the following grounds:

 1. The fact charged do not constitute an offense.

 2. The court trying the case has no jurisdiction
over the offense charged;
 3. Criminal liability has been extinguished;
 4. That the accused has been previously
convicted or acquitted of the offense charged, or
the case against him was dismissed or otherwise
terminated without his express consent.
 Q. Can the court grant a motion to quash
filed by the accused on the following
grounds: That the court lacked jurisdiction
over the person of the accused and that:
The complaint charged more than one
offense?

 A. No, A motion to quash on the ground of

lack of jurisdiction over the person of the
accused must be based only on this
ground. If other grounds are included,
there is a waiver, and the accused is
deemed to have submitted himself to the
jurisdiction of the court.
 Q.Accused was charged with the
crime of rape. He question the
information on appeal contending
that it did not specify the acts
constituting the crime. He did not
however file a motion to quash.
Evidence was presented to prove
the offense. He was convicted. Is
his contention proper? Why?
 Answer:

 No,It is too late in the day for

him to assail the insufficiency of
the allegations in the information.
He should have raised this issue
prior to his arraignment by filling
a motion to quash. Failing to do
so, he is deemed to have waived
any objection on this ground.
 DISTINGUISH MOTION TO QUASH
FROM DEMURRER TO EVIDENCE
 MOTION TO QUASH  DEMURRER TO
EVIDENCE
 Filed before the
defendant enters his plea  File after the prosecution
 Does not go into the has rested its case.
merits of the case but is  Based upon the
anchored on matters not inadequacy of the
directly related to the evidence adduced by the
question of guilt or prosecution in support of
innocence or the accused the accusation.
 Effects of Sustaining the Motion to
Quash.
 1. The court may order that another
complaint or information be filed
except on the ground of double
jeopardy and extinguishment of
criminal liability; and
 2. If the accused is in custody he
shall not be discharged unless
admitted to bail;
 Q. An information was filed against X.
X filed a motion to quash as the facts
in the information didn’t constitute
an offense. This was filed together
with an application for bail? Is this
valid?

 Yes, there is no inconsistency that

exist an application for bail and his
filing of a motion to quash.
 Q.
What is the form required for a
motion to quash?

1 It must be in writing
 2. It must be signed by the
accused or his counsel.
 3. It must specify its factual and
legal grounds.
SEC. 3. GROUNDS FOR MOTION TO
QUASH.
 1. That the facts charged do not
constitute an offense.
 2. That the court trying the case
has no jurisdiction over the
offense charged.
 3. That the officer who filed the
information had no authority to
do so.
 4. That it does not conform
substantially to the prescribed
form;
 5. That more than one offense is
charged except when a single
punishment for various offenses is
prescribed by law;
 6. That the criminal liability has
been extinguished;
 7. That the court trying the case has no
jurisdiction over the person of the
accused;
 8. That it contains averments which, if
true, would constitute a legal excuse or
justification; and
 9. That the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or otherwise terminated without
his express consent.
Q. Can the court dismiss the case
based on grounds that are not
alleged in the motion to quash?
A. The general rule is no, the court
cannot consider any ground other
than those stated in the motion to
quash.
The exception is the lack of
jurisdiction over the offense
charged. If this is the ground for
dismissing the case, it need not be
alleged in the motion to quash since
it goes into the very competence of
the court to pass upon the case.
 Q. X filed a motion to quash an
information on the ground that he
was in the U.S. when the crime
charged was committed. Should the
motion be granted?
 A. The motion should be denied
because the accused is already
making a defense. Matters of defense
are generally not a ground for a
motion to quash they should be
presented at the trial.
 Q.May a prosecutor file an
information for violation of the
election laws?

 A. As a rule, no because only the

comelec may file and prosecute cases
involving election offenses. However,
if the prosecutor designated by the
comelec to conduct the investigation
and file the case, then he can do so
as an exception to the rule.
Q. Who may file and prosecute cases
against public officer?
A. The ombudsman is vested
under the constitution and
R.A. 6770 to investigate and
prosecute any public officer or
employee.
 Q.What are the modes of
extinguishment of criminal liability?

 1. Death of the convict.

 2. Service of sentence
 3. Amnesty which completely
extinguishes the penalty and all its
effects.
 4. Absolute Pardon
 5. Prescription of crime
 6. Prescription of penalty
 7. Marriage of the offended woman as
provided under Art. 344.
 Q. What is the effect of the death of
the offender’s death?
 1. If before final judgment
 His death extinguishes his criminal and civil
liability.

 2. If while the case is on appeal

 Case on appeal will be dismissed. Offended
party may file a separate civil action under the
civil code if any other basis for recovery of civil
liability exist as provided under art. 1157.
 Note:

Civil liability arising from

sources other than the
crime committed
survives and may be
pursued in a separate
civil action.
 Q. What is the effect of absolute
pardon insofar as the criminal
liability of the accused is
concerned?

 A.It blots out the crime

committed and removes all
liabilities resulting from it. It
makes the accused a new man.
X raped Y, but Y pardoned
him. Can he be prosecuted?
No more because pardon by
the offended party
extinguished his criminal
liability. The pardon, however,
must come before the
institution of the criminal
proceedings.
 PRESCRIPTION OF CRIMES UNDER
RPC.
 Prescription of crimes is the
forfeiture or loss of the right of
the state to prosecute the
offender after the lapse of certain
time.
 Example: crimes punishable by
reclusion death, reclusion
perpetua/temporal- prescribe in
20 years.
 Q.Suppose, in 1990, A commits a
crime, then goes hiding, he
resurfaces 20 years later, and the
government finds a witness, can
they institute a case?

 A.No, however, if the accused left

for the USA, yes, he can be
prosecuted still.
 PRESCRIPTION OF PENALTIES
Q. What is prescription of penalties?

A. Prescription of penalties is the loss

or forfeiture of the right of the
government to execute the final
sentence after the lapse of certain
time.
 Q. What are the distinction between
prescription of crimes and prescription of
penalties?
 PRESCRIPTION OF  PRESCRIPTION OF
CRIMES PENALTIES

 LOSS OR FORFEITURE  LOSS OF THE STATE TO

OF THE STATE TO ENFORCE JUDGMENT
PROSECUTE  STARTS COUNTING
 STARTS COUNTING UPON THE ESCAPE OR
UPON DISCOVERY OF EVASION OF SERVICE OF
THE COMMISSION OF SENTENCE
THE CRIME
 Q. One fateful night in January 1990, while 5 year old
Albert was urinating at the back of their house, he heard
a strange noise coming from the kitchen of their neighbor
and playmate, Ara. When he peeped inside, he saw Mina,
Ara’s stepmother, very angry and strangling the 5 year
old Ara to death. Albert saw Mina carry the dead body of
Ara, place inside the trunk of the car and drive away. The
dead body of Ara was never found. Mina spread the news
in the neighborhood that Ara went to live with
grandparents in Ormoc City. For fear of his life, Albert did
not tell anyone, even his parents and relatives, about
what he witnessed. Twenty and a half (20& ½) years
after the incident, and right after his graduation in
Criminology, Albert reported the crime to NBI authorities.
The crime of homicide prescribe in 20 years. Can the
state prosecute Mina for the death of Ara despite the
lapse of 20 and ½ years?
Ans:
Yes, the state can still prosecute Mina for the
death of Ara despite the lapse of 20 & ½ years.
Under Article 91 RPC, the period of prescription
commences to run from the day on which the
crime is discovered by the offended party, the
authorities or their agents. In this case at bar,
the commission of crime was known only to
Albert, who was not the offended party nor an
authority or an agent of an authority. It was
discovered by the NBI authorities only when
Albert revealed to them the commission of the
crime. Hence, the period of prescription of
20years for homicide commenced to run only
from the time Albert revealed the same to the
NBI authorities.
 Note:
 The filing of the complaint or information
in court for preliminary investigation
interrupts the running of the prescriptive
period. Any kind of investigative
proceeding instituted against the guilty
person which may ultimately lead to his
prosecution should be sufficient to toll (
pause or delaying) prescription.
 Q.
Can the accused move to
quash on the ground that he is
denied due process?

 A.No, denial of due process is not

one of the grounds for a motion
to quash.
 Q.
Is the order granting the motion to
quash appealable?

 A.Yes, because the order to that

effect is a final order, and not merely
interlocutory. The accused would not
be placed in double jeopardy because
the accused has not been arraigned
yet and the dismissal was obtained
with his expressed consent.
 Q.
What is the procedure if the
motion to quash is denied?

 1. The accused should plead;

 2. Accused should go to trial
without prejudice to the special
defense he invoked in the motion;
 3. Appeal from the judgment of
conviction, if any, and interpose
the denial of the motion as an
error.
 Q.
May an order denying a motion to
quash appealable?

 A.NO. an order denying the motion

to quash is INTERLOCUTORY and not
appealable. Appeal in due time as the
proper remedy implies a previous
conviction as a result of a trial on the
merits of the case and does not apply
to an interlocutory order denying a
motion to quash.
 Q.
Is an order granting a motion to
quash a bar to another prosecution?

 A.An order sustaining the motion to

quash is not a bar to another
prosecution for the same offense.

 Exception:
 1. Double Jeopardy
 2. Criminal liability is extinguished.
 DOUBLE JEOPARDY
 Q. What is a double jeopardy?

 A. It means that when the a person is

charged with an offense and the case
is terminated either by acquittal or
conviction or any other manner
without the consent of the accused,
the latter cannot again be charged
with the same or identical offense.
 What are the elements of double
jeopardy?
 1. A valid complaint or
information
 2. A competent court
 3. The defendant was acquitted
or convicted or the case against
him was dismissed or otherwise
terminated without his express
consent.
 Q. What is the effect of double jeopardy
on the criminal and civil aspects of the
case?

 A. When double jeopardy exists, “ the

conviction or acquittal of the accused or
the dismissal of the case shall be a bar to
another prosecution for the offense
charged, or for any attempt to commit the
same or frustration thereof, or for any
offense which necessary includes or is
necessary included in the offense charged
in the former complaint or information.
 The offended party and the accused
may appeal the civil aspect of the
case because the concept of double
jeopardy evidently has reference only
to the criminal case and has no effect
on the civil liability of the accused.

 Note:
A judgment of acquittal is final and is
no longer reviewable, unless the trial
court acted with grave abuse of
discretion or when there is mistrial.
 Q.What are the rules regarding the
application of double jeopardy on
state witnesses?

 A.An order discharging an accused

as a state witness amounts to an
acquittal, 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.
 PRE-TRIAL - It is a mandatory
conference between the parties, to consider
the following:
-plea bargaining
-stipulation of facts
-marking of exhibits
-waiver of objections to admissibility of
evidence
-modification of the order of trial
-Settlement/Mediation (PMC)
-Witnesses
-Trial Dates
Q. What is the purpose of a
pre-trial in criminal case?

A. It is the basic purpose of

a pre-trial in criminal cases
is to expedite the trial.
 Q. What is the concept of Pre-Trial in
Criminal case?

 A. The process whereby the accused and

the prosecutor in a criminal case work out
mutually satisfactorily disposition of the
case subject to court approval. It 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 for
the graver charge.
 Q. State the nature and purpose of pre-
trial in criminal cases.

 A. Pre-trial in criminal cases is mandatory.

The rules say that in all criminal cases
cognizable by the Sandiganbayan,
Regional Trial Court, Metropolitan Trial
Court, Municipal Trial in the Cities,
Municipal Circuit Trial Court, the court
shall after arraignment and within the 30
days from the date the court acquires
jurisdiction over the person of the
accused, unless a shorter period is
provided by special laws or circulars of the
Supreme Court.
Pre- Trial Conference to consider the
Following:
 1. Plea Bargaining
 2. Stipulation of Facts
 3. Marking for identification of evidence of
the parties.
 4. Waiver of Objection to admissibility of
evidence.
 5. Modification of the order of trial if the
accused admits the charge but interpose a
lawful defense
 6. Such other matters as will promote a
fair and expeditious trial of the criminal
and civil aspects of the case.
 Q. What is stipulation of facts.?

 A.Stipulation of facts refers to an

agreement on the facts of the
case for the purpose of
simplifying the issues involved
and to guide the court properly in
making a judicious decision.
 Q.State the effect of non-appearance
at the pre-trial conference?

 A.If the counsel for the accused or

the prosecutor does not appear at the
pre-trial conference and does not
offer an acceptable excuse for his
lack of cooperation, the court may
impose proper sanctions or penalties.
 Q.When can the agreements or
admissions entered into during the
pre-trial conference be used against
the accused?

 A.
All agreements or admissions
made or entered during the pre-trial
conference shall be reduced in writing
and signed by the accused and
counsel, otherwise, they can not be
used against him.
Q. What shall the court do after pre-
trial conference?
 A.The court shall issue an order
reciting the actions taken, the
facts stipulated and evidence
marked.
 Q.What is the purpose or use of the
pre-trial order?

 A.The pre-trial order shall bind the

parties, limit the trial to matters not
disposed of, and control the course of
the action during the trial, unless
modified by the court to prevent
injustice.
 Q.When shall trial of an accused be
conducted?

 A.Trial of the accused shall be

conducted after a plea of not guilty
shall have been entered. This means
that no trial can be conducted after
arraignment. It is clear abuse of the
court’s discretion to conduct trial
without the accused having been
arraigned.
 Q. What is the period given to the
accused to prepare for trial? Why?
The accused shall have at least
15 days to prepare for trial.
This is consonance with the
requirement of due process,
for the accused must be given
time to prepare his defense.
 Q. Is the proffer (0ffer) of
evidence in the pre-trial
conference is sufficient?
 A. No, It was said that proffer of
evidence on the basis of evidence
exhibited by the accused during
pre-trial is not sufficient, and the
acquittal of the accused on the
basis thereof is a nullity for want
of due process.
 Q. X was charged with the offense of
possession of marijuana. At the pre-trial,
the fiscal and X’s counsel stipulated on
the execution and genuineness of the
evidence submitted by the forensic
chemist, hence, the fiscal did not present
did not present the forensic expert
anymore at the trial. When convicted, he
contended that he ( accused) should have
been acquitted due to the non-
presentation of the forensic expert. Rule
on X’s (accused) contention.
 A. X’s contention is not correct. The non-
presentation of forensic expert is not fatal
because of the admission of the execution
and the genuineness of the evidence
submitted by the forensic chemist at the
pre-trial conference to which accused and
counsel stipulated upon. His testimony
therefore, can be dispense with. It has
been held that the accused may, by
stipulation, waive the necessity of proof of
all or any part of the case which the
People have alleged against him and
having done so, he cannot complain
before the court of evidence which he has
stipulated into the record.
 Q. The trial court dismissed the case because of the
failure of the 3 out of 11 witnesses to appear at the
initial pre-trial of the case. Was the dismissal proper?

 A. No, whether or not said witness is the offended party

or the complaining witness, is not a valid ground for the
dismissal of a criminal case. Although under the law,
pre-trial is mandatory in criminal cases, the presence of
the 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
 Indeed, even if none of the witnesses listed in the
information for the state appeared for the pre-trial, the
can and should proceed. After all, the prosecutor
appeared for the State.
 RULE 119. TRIAL
 Q. What is a Trial?

 A. Trial is the examination before

a competent tribunal according to
the laws of the land, of facts put
in issue in a case for the purpose
of determining such issue.
 Note:
 Aftera plea of not guilty is entered,
the accused shall have at least 15
days to prepare for trial. The trial
shall commence within 30 days from
receipt of pre-trial order. The denial
of right to prepare is reversible error;
the proper remedy from a judgment
of conviction under such case is
appeal and not certiorari nor habeas
corpus.
 Q. What is a hearing?
 Hearing is not confined to trial, but
embraces several stages of litigation
including the pre-trial stage. A
hearing does not imply the
presentation of oral or documentary
evidence in open court but that the
parties are afforded an opportunity to
be heard.
 Q. In a criminal proceeding, when is
the presence of the accused
required?
 1. During arraignment;
 2. Promulgation of judgment except
when the conviction is for light
offense, in which case, it may be
pronounced in the presence of his
counsel or a representative; and
 3. When ordered by the court for the
purposes of identification.
 Q. What is the concept of continuous
trial?

 A.It is one where the court are called

upon to conduct the trial with utmost
dispatch, with judicial exercise of the
court’s power to control the trial to
avoid delay and for each party to
complete the presentation of
evidence with the trial dates assigned
to him.
Q.When shall the trial
commence?

A. The trial commence

within 30 days from the
receipt of pre-trial order.
 Q. What is the entire trial period?
Is the rule absolute?
 A. The entire trial period shall not
exceed 180 days from the first
day of the trial, except as
otherwise authorized by the
supreme court.
 The time limitation shall not apply
where special laws or circulars of
the Supreme Court provide for a
shorter period of trial.
 Q. What is the effect if the court
failed to comply with the
mandates of the Speedy Trial Act
to terminate the case within the
180 days period?
 A. The judge may be charged
administratively, or may be fined,
suspended or removed unless his
failure to comply with the speedy
trial act is for reasons not
attributable to him.
 Q. What is the remedy available to
the accused if he is not brought to
trial within the period prescribed by
the Rules of Court.

 A.The information may be dismissed

on motion of the accused on the
ground of denial of his right to
speedy trial. The dismissal shall be
subject to the rules on double
jeopardy.
 The following periods of delay are allowed and
shall be excluded in computing the time within
which the trial must commence.

 1. Any period of delay resulting from

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 orders of inhibition, or
proceeding relating to the transfer of venue of
cases or transfer from other courts.
 4. Delay resulting from a finding of the existence
of prejudicial question;
 5. Any period of delay resulting from the
absence or unavailability of an essential witness.
 Q. What is the order of trial in criminal cases?

A. In criminal cases, unless the accused admits

the acts or omission charged in the complaint or
information but interposes a lawful defense, the
trial shall proceed in the ff. order;

 1. The prosecution shall present evidence to

prove the charge and, in the proper case, the
civil liability.
 2. The accused may present evidence to prove
his defense, and damages, if any, arising from
the issuance of a provisional remedy in the case.
 3. The prosecution and defense may, in
that order, present rebuttal and
surrebuttal evidence unless the court, in
furtherance of justice, permits them to
present additional evidence bearing upon
main issue.
 4. Upon admission of the evidence of the
parties, the case shall be deemed
submitted for decision unless the court
directs them to argue orally or to submit
written memoranda.
 Rebuttal Evidence – Evidence produce
by a party to oppose or disprove the
evidence presented by his opponent.
 Surrebuttal evidence - is a response
to the opposing party’s rebuttal; in
essence it is a rebuttal to a rebuttal.
 Written memoranda – a brief written
note or outline particular legal
transaction or document for the
purpose of aiding the parties in
remembering particular points.
 Q. What is a reverse trial?
 Usually in most cases, the prosecution first
presents its evidence to establish the guilt of the
accused, and the defense follows thereafter.
 But this is reversed when the accused admits
the killing but claims self-defense
 A Reverse Trial happens
 The accused must first establish the elements of
self-defense in order to overturn the
presumption that he was guilty of the offense.
 INSTANCES WHEN PRESENCE OF THE
ACCUSED REQUIRED.

 A. The only instances when the presence

of the accused is required:
 1. Upon arraignment and entering plea.
 2. During trial when his presence is
necessary for the purpose of identification.
 3. Upon promulgation of judgment except
for light offenses.
 4. When the court with due notice
requires so.
 RULE 120. JUDGMENT

 Q. What is a judgment?
 A. It means the adjudication by
the court that the accused is
guilty or is not guilty of the
offense charged, and the
imposition of the proper penalty
and civil liability provided for by
law on the accused.
 Note:

 Decision of the court shall contain

the facts and the law on which
they are based. The rationale is
that the losing party is entitled to
know why he lost, so he may
appeal to a higher court.
 Q.What are the requisites of
judgment?

 1. Written in official language.

 2. Personally and directly prepared by
the judge.
 3. Signed by the judge.
 4. Contained clearly and distinctly a
statement of the facts and the law
upon which it is based.
 Q. What is acquittal?

 A. An acquittal is a finding of not guilty

based on the merits, that is, the accused
is acquitted because the evidence does
not show that his guilt is beyond
reasonable doubt, or a dismissal of the
case after the prosecution has rested its
case upon motion of the accused on the
ground that the evidence fails to show
beyond reasonable doubt that the accused
is guilty.
 note

 It
is well-settled that the
acquittal, in a criminal case is
immediately final and executor
upon its promulgation, and that
accordingly, the state may not
seek its review without placing
the accused in double jeopardy.
 Q. What are the contents of the
judgment?
 A. If of Conviction.
 Legal qualification of the offense
constituted by the acts committed by the
accused, and the aggravating or mitigating
circumstances attending its commission.
 Participation of the accused whether as
principal, accomplice or accessory.
 Penalty imposed upon the accused.
 Civil liability or damages caused by the
wrongful act or omission unless a separate
civil action has been reserved or waived.
 If of Acquittal

 Whether the evidence of the

prosecution absolutely failed to prove
the guilt of the accused or merely
failed to prove his guilt beyond
reasonable doubt.
 In either case, the judgment shall
determine if the act or omission from
which civil liability might arise did
exist.
 Q.What is the rule regarding a
judgment for 2 or more offenses
charged in the complaint or
information?

 A.The court may convict the accused

of as many offenses as are charged
and proved, and impose the penalty
for each offense, setting out
separately the findings of fact and
law in each offense.
 note:

Failure of the accused to

object to the duplicity of
offense charged in the
complaint or information, is
deemed a waiver thereof.
 Q. What is the rule regarding a
judgment in case of variance
between the offense charged and
proved?
 A. An accused can be convicted of
an offense only when it is both
charged and proved; if it is not
charged although proved, or if it
is not proved although charged,
the accused CANNOT be
convicted thereof.
Note:
An accused cannot be convicted
of an offense not charged or
included in the information for
this will be in violation of the
constitutional right of the
accused to be informed of the
nature of the offense charged
against him.
Q. What is promulgation of
judgment?
A. it is the official proclamation
or announcement of judgment.
It consists of reading the
judgment or sentence in the
presence of the accused and
any judge of the court
rendering the judgment.
Q. How is judgment
promulgated?
A. It is promulgated by
reading it in the
presence of the accused
and any judge of the
court which rendered it.
 Q. Is the accused required to be
present during the promulgation of
judgment?
 A. Yes
 Exceptions:
 1. In case of acquittal
 2. Conviction of light offenses
wherein the judgment may be
pronounced in the presence of the
accused’s counsel or representative;
 3. Promulgation of judgment when
the accused was tried in absentia.
 Q. Who promulgates the
judgment?
 A. The judge of the court who
renders the judgment.
 Exceptions:
 1. The judge is absent or outside
the province or city – judgment
maybe promulgated by the clerk
of court.
 Q. Is the presence of the accused
indispensable in the promulgation of
judgment?
 A. No, The promulgation shall still be
made by recording such judgment in the
criminal docket and serving him a copy
thereof in his last known address or
through his counsel. If judgment is one of
conviction and the accused is absent
without justifiable cause, the court shall
order his arrest and shall lose the
remedies available in the rules against
judgment and his bail shall be forfeited.
 However, the accused may surrender
and file a motion for leave of court to
avail of these remedies within 15
days from promulgation of judgment.
If such motion is granted, he may
avail of there remedies within 15 days
from notice of such order granting
the motion.

 He must state the reasons for his

absence at the promulgation and
prove that his absence was for a
justifiable cause.
 Q. What are the instances when
judgment may be promulgated even
if the accused is not present?
 A. Judgment is for light offense, in
which case judgment may be
promulgated in the presence of the
counsel for the accused or a
representative.
 B. Accused fails to attend the
promulgation despite due notice or if
he jumped bail or escaped from
prison. Notice must be given to the
bondsmen, warden, accused’s bailor
and counsel.
Q. How is promulgation in
absentia conducted?
A. Recording in a criminal
docket.
B. Serving the accused a
copy thereof at his last
known address or through
his counsel.
 Q. When does judgment becomes
final?
 1. After lapse of time for
perfecting an appeal.
 2. When the accused has
expressly waived in writing his
right to appeal.
 3. When the accused has applied
for probation.
 MOTION FOR RECONSIDERATION/NEW TRIAL –
R-121.

 Motion for Recon - May be filed in order to

correct errors of law or fact in the
judgment. It does not require any further
proceeding.
 Grounds- Errors of law; or Errors of facts.
 Note: The principle underlying this rule is
to afford the trial court the opportunity to
correct its own mistakes and to avoid
unnecessary appeals from being taken.
 Error of law vs. Error of facts.

 For example, if a person defends himself with a

knife from an unarmed attacker because he
believed he was justified in doing so to protect
himself from great bodily harm. By legal
definition, the defendant made an error of law if
his self-defense belief was not reasonable and if
the danger was not imminent.

 An error of fact will be when a person hits
someone in a bar thinking he was the one who
was about to attack him, but it was his friend
next to him who was the aggressor.
 What is error in law?
 A mistake that is made by the court when
applies the law to the case in hand.

 Q. What is error in fact?

 A. The error made when a court gives a

judgment or verdict and doesn’t know of a
fact.
 MOTION FOR NEW TRIAL
 Rehearing of a case already decided
but before the judgment of conviction
therein rendered has become final,
whereby errors of law or irregularities
are expunged from the record or new
evidence is introduced, or both steps
are taken.
 Grounds for Motion for New Trial.

 1. Errors of the law or irregularities

prejudicial to the substantial rights of the
accused have been committed during the
trial.
 2. New and material evidence has been
discovered which the accused could not,
with reasonable diligence, have discovered
and produced at the trial and which if
introduce and admitted would probably
changed the judgment.
 WHAT IS MEAN BY SUBSTANTIAL
RIGHTS?
 An important or essential rights that
merits enforcement or protection by a law:

 Example of Substantial rights; Freedom of

Speech, or the rights of the accused
during trial.
 Q. When should a motion for new
trial or consideration be filed?
 It should be filed with the trial court
within 15 days from the promulgation
of judgment.

 Note: notice of the motion for new

trial or reconsideration shall be given
to the prosecutor.
 Q. When may a new trial granted?

 A.It may be granted at any time

before the judgment of conviction
becomes final on motion of the
accused or the court with the consent
of the accused.
 Effect of granting a new trial.

 In all cases when the court grant new

trial or reconsideration, the original
judgment shall be set aside or
vacated and new judgment rendered
accordingly.
 APPEAL
 Q> What is appeal?
 A. It is a proceeding for review by
which the whole case is transferred to
the higher court for a final
determination. It is not an inherent
right of a convicted person. The right
of appeal is statutory ( rights
provided by law). Only final
judgments and order are appealable.
 Q. Who may appeal?

 A. Any party may appeal from a judgment or

final order, unless the accused will be placed in
double jeopardy.

 Q. What is the effect of an appeal?

 A. An appeal in a criminal case opens the whole
case for review and this includes the review of
penalty, indemnity, and the damages involved.
Consequently, on appeal, the appellate court
may increase the penalty and indemnity of
damages awarded by the trial court although the
offended party had not appealed from said
award, and the party who sought a review of the
decision was the accused.
 Q. When is appeal taken?

 A.An appeal must be filed within

15 days counted from the
promulgation or notice of the
judgment or order appealed from.
 Q. When is the appeal taken?

A. To the Regional Trial Court

 In cases decided by the MTC, MTCC,
MeTC, or MCTC:

 B. Court of Appeal or to the SC.

 In the proper cases provided by law, in
cases decided by the RTC.

 C. SC, in cases decided by the CA.

 Q. May the prosecution appeal a
judgment of acquittal?
 A. No, because the accused would be
subjected to double jeopardy.

 Except:
 Ifthere is a showing of grave abuse
of discretion amounting to lack or
excess of jurisdiction, certiorari under
Rule 65 may be available.
 Q. What are the effects of appeal by any of the
several accused?

 An appeal taken by one or more of several

accused shall not affect those who did not
appeal, except insofar as the judgment of the
appellate court is favorable and applicable to the
latter.
 The appeal of the offended party from the civil
aspect shall not affect the criminal aspect of the
judgment or order appeal from.
 Upon perfection of the appeal, the execution of
the judgment or final order appealed from shall
stayed as to the appealing party.
 Q.What are the grounds for the
dismissal of an appeal?

 1. Failure of the record on appeal to

show on its face that the appeal was
taken within the period fixed by these
rules.
 2. Failure on the appellant to pay the
docket pay and other lawful fees as
provided in the rule.
 EXECUTION
 If the appeal is denied and conviction is
affirmed on appeal with finality, the case
will be brought back to the court of origin
for the enforcement of judgment.
 Final Judgment shall be enforced by the
court through the issuance of a
commitment order directing the detention
of the accused to a penal or correctional
institution to serve the sentence imposed
to him.
 CRIME

ARREST WITHOUT POLICE INVESTIGATION

WARRANT COMPLAINT BY
OFFENDED PARTY

PRELIMINARY
INVESTIGATION
INQUEST

PROBABLE
DISMISSED PROBABLE FILING OF
CAUSE
CAUSE INFORMATION

ARREST WITH MOTION

WARRANT/COMMITMENT TO
ORDER QUASH

PLEA ARRAIGNMENT SUFFICIENT? DISMISSED

GUILTY

PLEA (NOT
GUILTY)

PLEA BARGAINING PRE - TRIAL

PLEA
GUILTY TO AGREE/ PRESENTATION OF
LESSER REJECT PROSECUTION DEMURRER
OFFENSE EVIDENCE

SUFFICIENT? DISMISSED
PRESENTATION O F
DEFENSE EVIDENCE

JUDGMENT

ACQUITTAL CONVICTION

APPEAL