PRE-TRIAL (RULE 118)

Criminal Pre-trial Presence counsel Accused need not be present, but his mandatory counsel must be present, otherwise he may be sanctioned Amicable settlement is discussed Amicable settlement is not discussed, unless the criminal case is covered by summary procedure Agreement need not be in writing; included Agreements or admissions must be written in pre-trial order and signed by the accused and counsel to be admissible against him. Can have proffer of evidence No proffer of evidence; proffer of evidence only after trial

Civil Pre-trial of defendant and

Pre-trial is now mandatory in all criminal cases 1. after arraignment, the court shall order a pre-trial conference 1. within 30 days from the date the court acquires jurisdiction over the person of the accused 2. unless a shorter period is provided for in special laws or circulars of the Supreme Court 3. matters considered in pre-trial 1. plea bargaining; 2. stipulation of facts; 3. marking for identification of evidence of the parties; 4. waiver of objections to admissibility of evidence; 5. modification of the order of trial if the accused admits the charge but interposes a lawful defense; and 6. such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.

TRIAL (RULE 119)

After a plea of not guilty is entered, the accused shall have at least fifteen (15) days to prepare for trial. The trial shall commence within thirty (30) days from receipt of the pre-trial order.

Periods of delay excluded in computing the time within which trial must commence 1. resulting from other proceedings concerning the accused, e.g. 1. examination of the physical and mental condition of the accused; 2. proceedings with respect to other criminal charges against the accused; 3. extraordinary remedies against interlocutory orders; 4. pre-trial proceedings; provided, that the delay does not exceed 30 days; 5. orders of inhibition 6. proceedings relating to change of venue of cases or transfer from other courts; 7. finding of existence of a prejudicial question; and 8. reasonably attributable to any period, not to exceed 30 days, during which any proceeding concerning the accused is actually under advisement. 9. resulting from an essential witness 1. absence 1) 2) his whereabouts are unknown or his whereabouts cannot be determined by due diligence 1. unavailability his whereabouts are known but his presence for trial cannot be obtained by due diligence. 2. resulting from the mental incompetence or physical inability of the accused to stand trial. 3. from the date the charge was dismissed upon motion of the prosecution, to the date the time limitation would commence to run as to a subsequent charge had there been no previous charge 4. A reasonable period of delay when the accused is joined for trial with a co-accused 1. over whom the court has not acquired jurisdiction, or 2. as to whom the time for trial has not run and no motion for separate trial has been granted. 3. resulting from a continuance granted by any court on the ground that the ends of justice served by taking such action outweigh the best interest of the public and the accused in a speedy trial 1. motu proprio, or 2. on motion of 1) 2) either the accused or his counsel, or the prosecution

Trial schedule 1. after consultation with the prosecutor and defense counsel, the court shall set the case for continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to ensure speedy trial.

2. In no case shall the entire trial period exceed 180 days from the first day of trial, except as otherwise authorized by the Supreme Court. 3. Trial once commenced shall continue from day to day as far as practicable until terminated. It may be postponed for a reasonable period of time for good cause. 4. The time limitations provided under this section and the preceding section shall not apply where special laws or circulars of the Supreme Court provide for a shorter period of trial.

If the accused is not brought to trial within the time limit 1. the information may be dismissed on motion of the accused on the ground of denial of his right to speedy trial 2. accused shall have the burden of proving the motion 3. the prosecution shall have the burden of going forward with the evidence to establish the exclusion of time 4. The dismissal shall be subject to the rules on double jeopardy. Failure of the accused to move for dismissal prior to trial shall constitute a waiver of such ground to dismiss.

Order of trial (When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified) 1. prosecution shall present evidence to prove the charge and, in the proper case, the civil liability. 2. accused may present evidence to prove his defense and damages, if any, arising, from the issuance of a provisional remedy in the case. 3. prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue. 4. Upon admission of 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.

Requisites for state witness 1. 2. 3. 4. 5. absolute necessity for the testimony no other direct evidence available the testimony can be substantially corroborated in its material points; the said accused does not appear to be the most guilty; and the said accused has not at any time been convicted of any offense involving moral turpitude.

Demurrer to Evidence in Criminal Cases Demurrer to Evidence in Civil Cases ground is: Insufficient evidence Ground is: Facts and law shown by plaintiff no right to relief On motion or motu proprio On motion When motion is filed without leave of court If denied he has right to present evidence, waiver of right to present evidence; If with no prior leave of court required leave of court, the accused may adduce evidence in his defense If granted but reversed on appeal it is a waiver of the right to present evidence JUDGMENT (RULE 120) Judgment the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. Form of judgment 1. 2. 3. 4. written in the official language personally and directly prepared by the judge signed by him contain clearly and distinctly a statement of the facts and the law upon which it is based

Contents of the judgment 1. If of conviction 1. the legal qualification of the offense constituted by the acts committed by the accused and the aggravating or mitigating circumstances which attended its commission 2. the participation of the accused in the offense, whether as principal, accomplice, or accessory 3. the penalty imposed upon the accused; and 4. the civil liability or damages caused by his wrongful act or omission to be recovered from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a separate civil action has been reserved or waived. 5. If of acquittal 1. whether the evidence of the prosecution 1) 2) absolutely failed to prove the guilt of the accused or merely failed to prove his guilt beyond reasonable doubt 1. In either case, the judgment shall determine if the act or omission from which the civil liability might arise did not exist.

An offense is said to necessarily include another if the essential elements or ingredients of the former constitute the latter. An offense is said to be necessarily included in another if the essential elements or ingredients of the former constitute or form part of those constituting the latter.

NEW TRIAL OR RECONSIDERATION (RULE 121)

MNT or MfR in Criminal Cases MNT or MfR in Civil Cases Either on motion of accused, or the court Must be upon motion of a party, cant be motu proprio with consent of the accused motu proprio Grounds for MNT errors of law or Grounds for MNT FAME, or newly irregularities committed during the trial, or discovered evidence newly discovered evidence Ground for MfR error of law or fact Grounds for MfR Excessive damages, insufficient evidence, or decision is contrary to law Filed any time before judgment of Filed within the period for taking an appeal conviction becomes final Should include all the grounds then available and those not so included shall be deemed waived. When granted, the original judgment is There may be partial grant always set aside or vacated and a new judgment rendered 2nd MfR not allowed; 2nd MNT may be allowed on evidence not available before

APPEAL (RULE 122) The only instances when an appeal to the SC is by notice of appeal 1. the penalty imposed is reclusion perpetua, or life imprisonment, or 2. where a lesser penalty is imposed but for offenses committed on the same occasion or which arose out of the same occurrence that gave rise to the more serious offense for which the penalty of death, reclusion perpetua, or life imprisonment is imposed

Notwithstanding perfection of the appeal, the RTC and the inferior courts may allow the appellant to withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate court, in which case the judgment shall become final. The RTC may also, in its discretion, allow the appellant from the judgment of an inferior court to withdraw his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in which case the judgment of the court of origin shall become final and the case shall be remanded to the latter court for execution of the judgment.

SEARCH AND SEIZURE (RULE 126) A search warrant is 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. Court where application for search warrant shall be filed 1. if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. 2. any court within whose territorial jurisdiction a crime was committed. 3. For compelling reasons stated in the application, any court within the judicial region 1. where the crime was committed, if the place of the commission of the crime is known, or 2. where the warrant shall be enforced. Requisites for issuing search warrant A search warrant shall not issue except upon 1. 2. 3. 4. probable cause in connection with one specific offense determined personally by the judge after examination under oath or affirmation of the complainant and the witness he may produce, and 5. particularly describing the place to be searched and the things to be seized Requisites for arrest warrant issued by a RTC judge 1. Within 10 days from the filing of the complaint or information 2. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. 3. If he finds probable cause, he shall issue a warrant of arrest 4. In case of doubt on the existence of probable cause 1. the judge may order the prosecutor to present additional evidence within 5 days from notice and

2. the issue must be resolved by the court within 30 days from the filing of the complaint of information. A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.