Professional Documents
Culture Documents
Criminal Procedure Part2
Criminal Procedure Part2
The purpose of requiring the accused to sign the stipulation of facts is to further
safeguard his rights against improvident or unauthorized agreement or
admission which his counsel may have entered into without his knowledge.
(People vs. Uy, 2000)
3. If the counsel for the accused or the prosecutor does not appear at the pre-trial and
does not offer an acceptable excuse, he may be penalized by the court.
4. What is a pre-trial order? It is an order issued by the court reciting the actions taken,
the facts stipulated and the evidence marked during the pre-trial conference. Such
order binds the parties and limits the trial to those matters not disposed of.
5. What if the accused believes that the pre-trial order contains mistakes or matters
which were not taken up during the pre-trial? He must move to correct the mistake
or modify the pre-trial order, otherwise, he will be deemed to have waived, and be
barred from questioning the same later.
RULE 119 TRIAL
1. From the day when the accused pleads not guilty upon arraignment, he shall have
15 days to prepare for trial which includes pre-trial. The trial shall commence within
30 days from receipt of pre-trial order.
2. The trial shall be continuous (day to day as far as practicable) and the entire trial
period shall not exceed 180 days except as otherwise authorized by the Supreme
Court.
3. The trial may be postponed for a reasonable period of time and for good cause as
may be granted by the court.
4. The trial judge does not lose jurisdiction to try 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.
Trial in Absentia
1.
Requisites of Trial in Absentia (if not present, theres denial of due process)
a. The accused has been arraigned
b. He has been notified of the trial
c. His failure to appear is unjustified
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The following periods shall not be included in the computation of time of trial:
a. Delay resulting from other proceedings concerning the accused including but not
limited to:
i. Delay resulting from physical or mental examination
ii. Delay resulting from other criminal proceedings against accused
iii. Delay resulting from extraordinary remedies against interlocutory orders
iv. Delay resulting from pre-trial proceedings provided not exceeding 30 days
v. Delay resulting from orders of inhibition or proceedings for change of venue
vi. Delay resulting from the existence of a prejudicial question
vii. Delay attributable to any period not exceeding 30 days and the accused is
under advisement
b. Delay resulting from absence or unavailability of an essential witness
c. Delay resulting from mental incompetence or physical inability of the accused to
stand trial
d. If the information is dismissed upon motion of the prosecution and thereafter a
charge is filed against the accused for the same offense, any period of delay
from the date the charge was dismissed to the date the time limitation would
commence to run as to the subsequent charge had there been no previous
charge.
e. Reasonable period of delay when accused is joined for trial with co-accused
f. Delay resulting from continuance granted by the court motu propio
General Rule: After an order for new trial is issued, the trial commences within 30
days from notice of the order.
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2. The custodian will then inform the prisoner of the latters right to demand trial. If the
prisoner demands trial, the custodian should then inform the public attorney of such
demand.
3. Upon notification, the public attorney should then seek to obtain the presence of the
prisoner for trial.
Sanctions Imposed on Private Counsel, Public Attorney or the Prosecutor
The Sanctions:
1. Private Defense Counsel fine not exceeding P20, 000 + criminal sanctions,
if any.
2. Counsel de officio, Public Attorney or Prosecutor fine not exceeding P5,
000 + criminal sanctions, if any.
3. 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,
if any.
The sanctions are designed to speed up the trial and disposition of the cases
and to encourage the lawyers to go to court ready for trial and not ready to
postpone.
Speedy Trial
1. The accused should be brought to trial within 30 days from the date the court
acquires jurisdiction over the person of the accused (Rule 116, Section 1g). If he is
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.
2. 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.
Order of Trial
1. Order of Trial
Prosecution presents evidence to prove the charge and, in the proper case, the
civil liability.
The accused presents evidence to prove his defense and damages, if any.
The prosecution, then the defense, may present rebuttal and sur-rebuttal
evidence unless the court, in furtherance of justice, permits them to present
additional evidence.
Upon admission of the evidence by the parties, the case is deemed submitted for
decision.
2. The order of the trial may be modified, at the discretion of the judge, if the accused
admits the act or omission charged in the complaint or information but interposes a
lawful defense.
3. The order of trial is intended to safeguard the right of the accused to be presumed
innocent until the contrary is proved.
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4. The accused has the right to demand from the prosecution the list of prosecution
witnesses, but the prosecution may call witnesses other than as listed even when the
latter heard the testimonies of other witnesses. Furthermore, the prosecution has
the discretion to choose the order of its witnesses.
5. Due Process
The prosecution is entitled to due process. This means that it must be allowed to
completely present its evidence.
Pervasive and prejudicial publicity may deprive an accused of his right to a fair
trial. To warrant such a finding, however, there must be allegation and proof that
the judge has been unduly influenced.
Judges must not only be impartial, but must also appear impartial. However, this
does not mean that the judge must remain passive during the proceedings. Its
the judges prerogative and duty to ask clarificatory questions to ferret out the
truth.
6. Undue Interference
There is undue interference by the judge if he propounds questions to the
witnesses which will have the effect of or will tend to build or bolster the case for
one of the parties.
Application for Examination of Witness for Accused Before Trial
The accused may have witnesses conditionally examined in his behalf. The
motion shall state:
Name and residence of the witness
Substance of his testimony
The witness is sick and cannot attend trial or he resides more than 100
km from the place of trial and has no means to attend the same
The motion should be supported by affidavit of the accused and such other
evidence as the court may require.
The court shall issue an order directing that the witness for the accused be
examined at a specific date, time and place.
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The said order should be served on the prosecutor at least 3 days before the
scheduled examination.
Who should make the examination? The examination should be taken before a
judge or a member of the Bar in good standing so designated by the judge. It
may also be made before an inferior court designated in the order of a superior
court.
If the court is satisfied upon proof or oath that a material 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 bail, the court shall imprison him
until he complies or is legally discharged after his testimony has been taken.
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compared to those of his co-accused, and not merely the fact that in law the
same or equal penalty is imposable on all of them.
g. Accused has not been convicted of any offense involving moral turpitude.
2. The defense should be afforded opportunity to oppose the motion to discharge an
accused to be a state witness.
3. Any question against the order of the court to discharge an accused to be used as
state witness must be raised in the trial court; it cannot be considered on appeal.
Where there is, however, a showing of grave abuse of discretion, the order of the
trial court may be challenged in a petition for certiorari and prohibition.
4.
When, at any time before judgment, it becomes manifest that a mistake has been
made in charging the proper offense and the accused cannot be convicted of the
offense charged or any other offense necessarily included therein, the said accused
shall not be discharged if there appears to be good cause to detain him.
2.
If there appears to be good cause to detain the accused, the court shall commit
the accused and dismiss the original case upon the filing of the proper information.
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3. While consolidation of cases and joint trial of related offenses and the rendition of a
consolidated decision are allowed, the court cannot convict an accused of a complex
crime constitutive of the various crimes alleged in the consolidated cases.
Demurrer to Evidence
1. Definition: Demurrer to evidence is an objection by one of the parties in an action,
to the effect that the evidence which his adversary produced is insufficient in point of
law, whether true or not, to make out a case or sustain the issue.
2. After the prosecution shall have rested its case, the case may be dismissed in any of
the following manner:
a. Court on its own initiative can dismiss the case after giving prosecution
opportunity to be heard
b. Accused files demurrer with or without leave of court
c. If the demurrer is denied:
With leave of court, accused can present his evidence
Without leave of court, accused waives right to present evidence
3. With or Without Leave of Court
With leave if the motion is denied, he can still present evidence
Without leave if the motion is denied, he loses the right to present evidence
and the case will be deemed submitted for decision
4. If there are two or more accused and only one of them presents a demurrer to
evidence, without leave of court, the trial court may defer resolution thereof until the
decision is rendered on the other accused.
5. An order denying the motion for leave of court to file a demurer shall not be
reviewable by appeal or by certiorari before judgment. This is because demurrer is
merely interlocutory.
Reopening of Case
At any time before finality of judgment of conviction, judge may, motu proprio or upon
motion, with hearing in either case reopen to avoid miscarriage of justice.
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3. The judge who penned the decision need not be the one who heard the case. The
judge can rely on the transcript of stenographic notes taken during the trial.
Contents of Judgment
1. Legal qualification of the offense constituted by the acts committed by the accused,
and the aggravating or mitigating circumstances attending the commission.
2. Participation of the accused in the commission of the offense, whether as principal,
accomplice or accessory
3. The penalty imposed upon the accused
4. Civil liability or damages caused by the wrongful act 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.
Acquittal and Dismissal
1. 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 and upon
motion of the accused on the ground that the evidence produced fails to show
beyond doubt that the accused is guilty.
2. Acquittal vs. Dismissal
Acquittal is always based on the merits while in dismissal, there is termination
not on the merits and no finding of guilt is made either because the court is not a
court of competent jurisdiction, or the evidence does not show that the offense
was committed within the territorial jurisdiction of the court, or the complaint or
information is not valid or sufficient in form and in substance.
3. Dismissal may amount to a acquittal:
a. Here the dismissal is based on a demurrer to evidence
b. Where the dismissal is based on the denial of the right to a speedy trial
4. Acquittal of an accused based on reasonable ground does not bar the offended party
from filing a separate civil action based on a quasi-delict. In fact, the court may hold
an accused civilly liable even when it acquits him.
Judgment for Two or More Offenses
A complaint or information must charge only one offense. However, if the accused
does not object to the duplicity before he enters his plea, he is deemed to have
waived the defect. He may be found guilty for as many offenses as alleged in the
complaint or information as may have been duly proved.
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The grant of a New Trial is not appealable since it is not a final judgment. To
challenge such grant, a petition for certiorari and prohibition may be filed.
The case of People vs. Hernando states that erroneous acquittal of the accused
remains as the final verdict. Errors or irregularities, which do not render the
proceedings a nullity, will not defeat a plea of antrefois acquit.
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To the RTC
1. file a Notice of Appeal with the court which rendered the judgment
2. serve a copy of the notice upon the adverse party
To the CA
1.
2.
3.
4.
5.
Sandiganbayan
1. when RTC exercised original jurisdiction:
2. file a Notice of Appeal with the RTC
a. serve a copy of the notice upon the adverse party
b. when RTC exercised appellate jurisdiction:
c. follow Rule 42 on Petition for Review
SC
1. where RTC imposes reclusion perpetua or life imprisonment
a. file a Notice of Appeal with the RTC.
b. Serve a copy of the Notice upon the adverse party
2. where RTC imposes death penalty
a. automatic review of SC as provided by sec. 10 of Rule 122
3. for CA decisions
a. file an ordinary appeal
b. for questions of facts and law
c. follow Rule 42 on Petition for Review
d. for questions of law (all other appeals)
e. follow Rule 45 on Petition for Review on Certiorari
Appeal is taken within 15 days from promulgation of the judgment. This period shall
be suspended from the time a motion for new trial or reconsideration is filed until
notice of overruling the motion has been served upon the accused at which time the
balance of the period begins to run.
An appeal taken by one or more of several accused shall not affect those who did
not appeal, except if the judgment 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.
Upon perfection of the appeal, the execution of the judgment appealed from shall be
stayed as to the appealing party.
Withdrawal of appeal
The 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 be final.
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1. General Rule
The Court of Appeals shall give precedence in the disposition of appeals of accused
who are under detention. It shall hear and decide the appeal at the earliest
practicable time with due regard to the rights of the parties.
Judgment of the lower courts shall be reversed or modified only when the Court of
Appeals is of the opinion that error was committed which injuriously affected the
substantial rights of the appellant after it examined the record and evidence adduced
by the parties.
Although not often done in the judicial system, the case of People vs. Calayca states
that the appellate court may reverse the trial courts decision on the basis of grounds
other than those that the parties raised as errors.
The Court of Appeals may reverse, affirm, or modify the judgment; increase or
reduce the penalty imposed; remand the case for new trial or re-trial; or dismiss the
case. It is discretionary on its part whether or not to set a case for oral argument.
It shall have the power to try cases and conduct hearings, receive evidence and
perform any and all acts necessary to resolve factual issues raised in cases:
a. falling within its original jurisdiction
b. involving claims for damages arising from provisional remedies, or
c. where the court grants a new trial based only on the ground of newly
discovered evidence.
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Should the Court of Appeals impose the penalty of death, reclusion perpetua, or life
imprisonment after discussing the evidence and law involved, the case is certified
and immediately elevated to the Supreme Court for review.
Accused Appellant
An accused-appellant may change his theory on appeal; thus the case opens the
whole action for review on any questioning including those not raised by the parties.
Upon the death of an accused pending appeal from his conviction, the criminal action
is extinguished, and the civil aspect instituted therewith for recovery of civil liability ex
delicto is ipso facto extinguished. The other party may just file a separate civil case
against the estate of the accused who died.
Requirement
a. upon motion of the appellee or motu propio
b. with notice to the appellant
Grounds
a. Appellant fails to file his brief within the time prescribed, except when he is
represented by a counsel de oficio.
b. Appellant escapes from prison or confinement, jumps bail, or flees to a foreign
country during pendency of the appeal.
Effect
- Appealed judgment becomes final.
When the entry of judgment of the Court of Appeals is issued, a certified true copy of
the judgment shall be attached to the original record which shall be remanded to the
clerk of court from which the appeal was taken.
The appellant may move for a new trial any time after the appeal from the lower court
has been perfected and before the judgment of the Court of Appeals convicting him
becomes final.
A motion for reconsideration shall be made within 15 days after notice of the decision
or final order of the Court of Appeals.
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ii. RTC shall order the transmittal of the accused to the National Bureau of
Prisons thru the PNP as the accused shall remain under confinement
pending resolution of his appeal;
iii. If accused appellant is not surrendered within the aforesaid period of ten
(10) days, his bond shall be forfeited and an order of arrest shall be issued
by this court.
Appeal taken by the accused shall also be dismissed under Sec. 8 Rule
124 of Rules of Court as he shall be deemed to have jumped his bail
REHEARING OF CRIMINAL CASE IN THE SUPREME COURT
1. A case is reheard when the court en banc is equally divided in opinion or
necessary majority cannot be had.
2. If rehearing en banc no decision is reached, judgment of conviction of lower
court shall be reversed and accused is acquitted.
If division of opinion or lack of required votes refers to the propriety of imposing
the death penalty, the penalty next lower in degree shall be imposed
RULE 126 SEARCH AND SEIZURE
1. Elements of a search warrant
An order in writing;
Signed by judge in the name of the People of the Philippines;
Commanding a peace officer to search personal property; and
Bring it before the court
2. Nature of a search warrant
It is in the nature of criminal processes and may be invoked only in furtherance
of public prosecutions
Have no relation to civil processes or trials
It is not available to individuals in the course of civil proceedings; it is not for the
maintenance of any private right.
It is INTERLOCUTORY in character it leaves something more to be done, the
determination of the guilt of the accused
General warrant:
A process which authorizes the search and seizure of things, in a general
manner
This does not specify or describe with particularity the things searched and
seized
This kind of warrant is constitutionally objectionable therefore VOID
3. Object of a search warrant to obtain the goods, and bring the person in
whose custody they are found, either to be recognized as a witness or to be
subject to such further proceedings as the ends of justice may require
4. A search warrant must conform strictly to the requirements of the
constitutional and statutory provisions under which it is issued
Otherwise, it is VOID
The proceedings upon search warrants must be absolutely legal
It will always be construed strictly without going the full length of requiring
technical accuracy.
No presumptions of regularity are to be invoked in aid of the process when an
officer undertakes to justify under it.
5. Search distinguished from seizure
Search
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6. A good and practical rule of thumb to measure the nearness of time given in
the affidavit as to the date of the alleged offense, and the time of making the
affidavit The nearer the time at which the observation of the offense is alleged to
have been made, the more reasonable the conclusion of establishment of probable
cause
7. PERSONAL PROPERTY TO BE SEIZED
A. Kinds of personal property to be seized:
Subject of the offense;
Proceeds or fruits of the offense; and
The means used or intended to be used for committing an offense
Search warrants have been allowed to search for the ff:
Stolen goods
Those supposed to have been smuggled into the country in violation of
the revenue laws
Implements of gaming and counterfeiting
Lottery tickets
Prohibited liquors kept for sale contrary to law
Obscene books and papers kept for sale or circulation
Powder and other explosive and dangerous materials so kept as to
endanger public safety
Slot machines, being gambling devices
B. Property seized is not required to be owned by the person against whom
the search warrant is directed
C. It s not necessary that there be arrest or prosecution before seizure could
be affected
D. The fact that a thing is a corpus delicti of a crime does not justify the
seizure without a warrant
8. Section 2 Article III of the 1987 Constitution is the constitutional basis of the
rule on search and seizure
9. Requisites for the issuance of a valid search warrant
a. Probable cause
It is such facts and circumstances antecedent to the issuance of the warrant,
that are in themselves sufficient to induce a cautious man to believe that the
person against whom the search warrant is applied, had committed, or is
about to commit, a crime
Probable cause for a 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.
Probable cause presupposes the introduction of competent proof that the
party against whom it is sought has performed particular acts or committed
specific omissions violating a given provision of our criminal laws (Stonehill v.
Diokno)
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b.
c.
d.
e.
f.
10. If the officer follows the command of the warrant, he is protected, but if he
exceeds the command, he is not protected by the warrant and he only
assumes to act without process
If the officer acts within the command of his warrant, he is protected even if the
complaint is proven to have been unfounded.
Obeying strictly the command of his warrant, he may break open outer or inner
doors, and his justification does not depend upon his discovering that for which
he is to make the search
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If officer is refused admittance to the place of directed search after giving notice
of his purpose and authority, he may break open any outer or inner door or
window of a house or any part of a house or anything to execute the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained
therein.
Demand is necessary prior to a breaking in of the doors, only where some
person is found in charge of the building to be searched.
11. In searching a house, room or other premises, such shall be done in the
presence of a lawful occupant or any member of his family, or in the presence
of at least 2 witnesses of sufficient age and discretion, residing in the same
locality
The searching officer should also be considerate of the premises searched; he
should mar the premises as little as possible, and should carefully replace
anything he finds necessary to remove.
12. Warrant must be direct and served in the day time
Exception: if affidavit asserts that the property is on the person or in the place
ordered to be searched here, warrant may be served anytime of the day or
night.
The general rule prohibits search in the night because sometimes robberies
happen, under the pretense of searches
13. A warrant is valid for ten days from its date. After such time, it is VOID
A search warrant cannot be used everyday for 10 days, and for a different
purpose each day warrant used to seize one thing cannot be used as authority
to make another search
This rule is NOT APPLICABLE when the search for a property mentioned in the
warrant was not completed on the day when the warrant was issued and had to
be continued the next day
14. Officer seizing the property under the warrant must give a detailed receipt for
the same to the lawful occupant or any member of the family or at least 2
witnesses of sufficient age and discretion residing in the same locality.
15. Officer must also deliver the property seized to the judge who issued the
warrant, with the true inventory, all under oath
16. Searches incident to lawful arrest
This is the most important exception to the necessity for a search warrant
This right includes in both instances that of searching the person who is arrested,
in order to find and seize the things connected with the crime as its fruits or as
the means by which it was committed
Search made without a warrant cannot be justified as an incident of arrest unless
the arrest itself was lawful
Search must be made at the place of the arrest and contemporaneous with the
arrest, otherwise it is not an incident to the arrest. In other words, a search is not
incidental to the arrest unless the search is made at the place of arrest,
contemporaneously with the arrest.
The right is limited to the time and place of the arrest
17. Other cases where warrantless searches and seizures are valid
Search of moving vehicles
Checkpoints are valid (Valmonte case)
Warrantless search of aircrafts as well as fishing vessels breaching our
fishery laws
Consented search without a warrant
Seizure of evidence in plain view
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18. Unreasonable search and seizure is such where it is not authorized by statute,
or where the conditions prescribed by the stature have not been met
What constitutes a reasonable or unreasonable search or seizure in any
particular case is purely a judicial question
Such is determinable from a consideration of the circumstances involved,
including the ff:
The purpose of the search
Presence or absence of probable cause
Manner in which the search and seizure was made
Place or thing searched
Character of the articles procured.
Searches and seizure inside a home are presumptively unreasonable
Constitutional prohibition against unlawful searches and seizure applies as a
restraint directed only against the government and its agencies tasked with the
enforcement of the law. It could thus only be invoked against the State.
19. The legality of a seizure can be contested only by the party whose rights have
been impaired thereby
The objection to an unlawful search and seizure is purely personal and cannot be
availed by third parties
The remedy for questioning the validity of a search warrant can only be sought in
the court that issued it, not the sala of another judge of concurrent jurisdiction
this is done through a motion to quash warrant of arrest
Objections to the legality of the search warrant and to the admissibility of the
evidence obtained are deemed waived when no objection to the legality of the
search warrant was raised during the trial.
20. The Moncado Ruling, that illegally seized documents, papers and things are
admissible in evidence, is already ABANDONED
The exclusion of such evidence is the only practical means of enforcing the
constitutional injunction against unreasonable searches and seizures.
The Non-exclusionary rule is contrary to the letter and spirit of the prohibition
against unreasonable searches and seizures
21. Through RA No. 4200 or the Anti-Tapping Law, tapping of phone wires of the
premises of an accused, wherein persons accused of violation criminal laws
are engaged in conversation constitutes a violation of the Constitutional
provision on the right of the people to secure in their persons, papers and
effects.
RA No. 4200 was approved on 19 June 1965
It also penalizes other acts similar to wire-tapping. Some similar acts are taping
or recording conversations of people, by others who are not authorized by the
former to record or tape.
RULE 127 PROVISIONAL REMEDIES IN CRIMINAL CASES
1. Provisional remedy is one provided for present need or for the occasion that is
one adopted to meet a particular exigency;
2. The following are the provisional remedies under the Rules of Court:
Attachment (Rule 57)
Injunction (Rule 58)
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