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Instances When Presence of Accused Is Required by Law
Instances When Presence of Accused Is Required by Law
After he enters his plea of not guilty, the The trial proceeds in the following order:
accused shall have at least 15 days to prepare
for trial. The trial shall commence within 30 1. The prosecution shall present evidence
days from receipt of the pre-trial order. (Section to prove the charge and civil liability, if
1) proper.
2. the accused may present evidence to
Continuous trial is one where the courts are prove his defense and damages, if any,
called upon to conduct the trial with utmost arising from the issuance of a
dispatch, with judicial exercise of the court’s provisional remedy in the case.
power to control the trial to avoid delay and for 3. The prosecution and the defense may,
each party to complete the presentation of in that order, present rebuttal and sur-
evidence with the trial dates assigned to him rebuttal evidence, unless the court, in
(Admin. Cir. 4, 09/22/1988) furtherance of justice, permits them to
present additional evidence bearing
Instances when presence of accused is upon the main issue.
required by law 4. Upon admission of the evidence of the
parties, the case shall be deemed
The only instances when the presence of the submitted for decision unless the court
accused is required by law and when the law may directs them to argue orally or to submit
forfeit the bond if he fails to appear are: written memoranda.
(a) On arraignment;
However, when the accused admits the act or
(b) On promulgation of judgment except
omission charged in the complaint or
for light offenses; information, but interposes a lawful defense,
(c) For identification purposes; and there will be a reverse trial.
(d) When the court with due notice
requires so (Marcos vs. Ruiz, 09/01/1992)
Requisite before trial can be suspended
on account of absence of witness
What are examples of other proceedings
(1) The following periods of delay shall be
concerning the accused which should be
excluded in computing the time within which
excluded from the computation of time?
trial must commence: Any period of delay
resulting from the absence or unavailability of
1. Delay resulting from an examination
an essential witness (Sec. 3[b]).
of the physical and mental
condition of the accused;
(2) To warrant postponement due to absence of
2. Delay resulting from proceedings with
a witness, it must appear:
respect to other criminal charges
(a) That the witness is really material
against the accused;
and appears to the court to be so;
3. Delay resulting from extraordinary
(b) That the party who applies for
remedies against interlocutory
postponement has not been guilty of neglect;
orders;
(c) That the witness can be had at the
4. Delay resulting from pre-trial
time to which the trial has been deferred; and
proceedings, provided that the delay
(d) That no similar evidence could be
does not exceed 30 days;
obtained (US vs. Ramirez, 39 (Phil. 738).
5. Delay resulting from orders of
inhibition, or proceedings relating
(3) The non-appearance of the prosecution at
to change of venue of cases or
the trial, despite due notice, justifies a
transfer from other courts;
provisional dismissal (Jaca vs. Blanco, 86 Phil.
6. Delay resulting from a finding of the
452), or an absolute dismissal (People vs.
existence of a prejudicial question
Robles, 105 Phil. 1016), depending on the
7. Delay reasonably attributable to any
circumstances. Sec. 3, Rule 22 does not apply
period not to exceed 30 days during
to criminal cases. of the arraignment shall be excluded in
computing the period (Sec. 1[g], Rule 116)
What is a state witness?
As a general rule, there can be no appeal or At any time before finality of judgment of
certiorari from the denial of the demurrer to conviction, the judge may reopen the case
evidence, since it is an interlocutory order, either on his own volition or upon motion, with
which does not pass judgment on the merits of hearing in either case, in order to avoid a
the case. The codal says that there is no miscarriage of justice.
certiorari, but J. Sabio says that if there was
grave abuse of discretion, there can be The proceedings should be terminated within 30
certiorari. days from the order granting the reopening of
the case.
Demurrer to Demurrer to
Evidence (Rule 33) Evidence (Sec. Judgment (Rule 120)
23, Rule 119)
Litigated motion Litigated motion (1) Judgment means the adjudication by the
Founded on the Founded on the court that the accused is guilty or is not guilty
ground that the ground of of the offense charged, and the imposition of the
plaintiff has insufficiency of proper penalty and civil liability provided for by
shown no right to evidence law on the accused (Sec. 1).
relief
Filed after the plaintiff Filed after the (2) Memorandum decision is one in which the
has completed the prosecution rests its appellate court may adopt by reference, the
presentation of case findings of facts and conclusions of law
evidence contained in the decision appealed from (Sec.
Quantum of evidence Quantum of 24, Interim Rules and Guidelines).
is preponderance of evidence is proof
evidence beyond (3) 2003 Bar: When a criminal case is dismissed
reasonable doubt on nolle prosequi, can it later be refilled? (4%)
Once granted, the Once granted, the
final order is accused is Answer: As a general rule, when a criminal case
appealable acquitted; is dismissed on nolle prosequi before the
demurrer is not accused is placed on trial and before he is called
appealable on to plead, this is not equivalent to an acquittal
If denied, the If denied: and does not bar a subsequent prosecution for
defendant may *with leave of court, the same offense (Galves v. Court of Appeals,
present evidence accused is allowed 237 SCRA 686 [1994])
to
present evidence; What is the form required (Requisites)
*without leave of for the judgment?
court, accused loses
the right The judgment must:
to present evidence. 1. Be written in the official language,
If reversed on appeal, (no appeal since 2. Personally and directly prepared by
defendant loses the appeal would violate the judge,
right to present the 3. Signed by the judge, and
evidence accused’s right 4. should contain clearly and distinctly
againt double a statement of the facts and law upon which it
jeopardy) is based.
No period requirement Non-extendible
periods of 5 days What are the contents of the judgment?
(motion for
leave to file, and If the judgment is of conviction, it shall state the
opposition) and 10 following:
days 1. the legal qualification of the offense
constituted by the acts committed by the
accused and the aggravating and mitigating What are the grounds for a new trial?
circumstances which attended its commission; 1. That errors of law or irregularities
2. the participation of the accused, prejudicial to the substantial rights of
whether as principal, accomplice, or accessory; the accused have been committed
3. the penalty imposed upon the during the trial (errors of law or
accused; irregularities);
4. the civil liability or damages, if any, 2. That new and material evidence has
unless the enforcement of the civil liability has been discovered which the accused
been reserved or waived by the offended party. could not with reasonable diligence
have discovered and produced at the
If the judgment is of acquittal, the decision shall trial and which if introduced and
state: admitted would probably change the
1. whether the evidence of the judgment (newly discovered
prosecution absolutely failed to prove the guilt evidence).
of the accused or merely failed to prove it 3. If the case is being heard by the CA or
beyond reasonable doubt; and SC, it may determine other grounds in
2. if the act or omission from which the the exercise of its discretion.
civil liability might arise did not exist.
What are the grounds for
When does judgment become final (four reconsideration? Errors of law or fact in the
instances) judgment.
(1) Except where the death penalty is imposed,
a judgment becomes final: What are the requisites for granting a
(a) After the lapse of the period for new trial on the ground of newly
perfecting an appeal; discovered evidence?
(b) When the sentence has been 1. The evidence must have been
partially or totally satisfied or served; discovered after trial;
(c) When the accused has waived in 2. Such evidence could not have been
writing his right to appeal; or discovered and produced at the trial
(d) Has applied for probation (Sec. 7) even with the exercise of reasonable
diligence;
3. The evidence is material, not merely
How is the judgment promulgated? cumulative, corroborative, or
The judgment is promulgated by reading it in its impeaching;
entirety in the presence of the accused by any 4. The evidence must go to the merits,
judge of the court in which it was rendered. such that it would produce a different
When the judge is absent or outside the result if admitted.
province or city, the judgment may be
promulgated by the clerk of court. What is the form required for a motion
for new trial or motion for reconsideration?
Can there be promulgation of judgment
in the absence of the accused? The motion for new trial or reconsideration
Judgment must be promulgated in the presence should:
of the accused. But if the conviction is for a light
offense, judgment may be promulgated in the 1. be in writing;
presence of his counsel or representative. Also, 2. state the grounds on which it is based;
if the accused fails to attend the promulgation, 3. if based on newly discovered evidence
even if he was notified thereof, or if he jumped (for new trial), be supported by
bail or escaped from prison, judgment may be affidavits of witnesses by whom such
validly promulgated in absentia. evidence is expected to be given or
authenticated copies of documents to
be introduced in evidence.
New Trial or reconsideration (Rule 121) Notice of the motion for new trial or
reconsideration should be given to the
What is the purpose of a new trial? prosecutor.
It is to temper the severity of a judgment or
prevent the failure of justice.
What is the effect of the grant of the is reclusion with the
motion for new trial? perpetua or life RTC and
imprisonment, serve a copy
1. If it is based on errors of law or OR where a of the notice
irregularities committed during the trial, lesser penalty is to the
all the proceedings and evidence imposed for adverse
affected by the error or irregularity will offenses party
be set aside. The court may, in the committed on
interest of justice, allow the introduction the same
of additional evidence. This is called occasion or
trial de novo. which arose out
of the same
2. If it is based on newly discovered occurrence that
evidence, the evidence already adduced gave rise to the
will stand. The newly discovered offense
evidence and whatever other evidence punishable by
the court will allow to be introduced death, reclusion
shall be taken and considered together perpetua or life
with the evidence already on record. imprisonment
SC RTC imposing Automatic
3. In all cases – whether the court grants the death review by
new trial or reconsideration – the penalty the SC
original judgment shall be set aside or SC All other Petition for
vacated and a new judgment rendered. appeals, except review on
the two cases certiorari
above under Rule
Appeal (Rule 122, 123, 124, and 125) 45
SC Sandiganbayan Petition for
How is appeal taken? review on
certiorari
APPEAL FROM THE HOW? under Rule
TO DECISION OF 45
RTC MTC File a notice
of appeal
with the How is an appeal perfected?
MTC and
serve a copy An appeal is perfected by filing a notice of
of the notice appeal with the court in which the judgment or
to the order was rendered, and by serving a copy
adverse thereof upon the adverse party or his attorney
party within the period for perfecting an appeal.
CA RTC in the File a notice
exercise of its of appeal Within what period must appeal be
original with the perfected?
jurisdiction RTC and
serve a copy An appeal must be perfected within 15 days
of the notice from promulgation of the judgment or from
to the notice of the final order appealed from.
adverse
party Effect of an Appeal
CA RTC in the File a
exercise of its petition for Upon perfection of the appeal, the execution of
appellate review with the judgment or order appealed from is stayed
jurisdiction the CA as to the appealing party (Sec. 11[c]). The civil
under Rule appeal of the offended party does not affect the
42 criminal aspect of the judgment or order
SC RTC where the File a notice appealed from.
penalty imposed of appeal
Upon perfection of the appeal, the trial court
loses jurisdiction over the case (Syquia vs. RULE 123 PROCEDURE IN THE MUNICIPAL
Concepcion, 60 Phil. 186), except: TRIAL COURTS
1. There must be probable cause For how long is the search warrant valid?
2. Which must be determined
personally by the judge It is valid for 10 days, after which the peace
3. upon personal examination in writing officer should make a return to the judge who
and under oath of the complainant and issued it. If the peace officer does not make a
his witnesses in the form of searching return, the judge should summon him and
questions and answers on facts require him to explain why no return was made.
personally known to them If the return was made, the judge should
4. the probable cause must be in determine if the peace officer issued a receipt to
connection with one specific offense the occupant of the premises from which the
5. particularly describing the place to things were taken. The judge shall also order
be searched and the items to be seized the delivery to the court of the things seized.
6. the sworn statements together with
the affidavits of the witnesses must be If the warrant was executed even before
attached to the record. the expiration of the ten-day period, can
the peace officer use the warrant again
When is the affidavit or testimony of the before it expires?
witness said to be based on personal
knowledge? No. If the purpose for which it was issued has
already been carried out, the warrant cannot be
The test is whether perjury could be charged used anymore. The exception is if the search
against the witness. was not finished within one day, the warrant can
still be used the next day, provided that it is still
Is it necessary that the person named in within the 10-day period.
the search warrant be the owner of the
things to be seized? Section 13. Search incident to lawful arrest. —
A person lawfully arrested may be
No. Ownership is of no consequence. What is searched for dangerous weapons or anything
relevant is that the property is connected to an which may have been used or constitute
offense. proof in the commission of an offense without a
search warrant. (12a)
What are the requisites of the personal
examination that the judge must conduct Section 14. Motion to quash a search warrant
before issuing the search warrant? or to suppress evidence; where to file. —
A motion to quash a search warrant and/or to
The judge must: suppress evidence obtained thereby may be
filed in and acted upon only by the court where
1. examine the witnesses personally; the action has been instituted. If no
2. under oath; criminal action has been instituted, the motion
3. and reduced to writing in the form of may be filed in and resolved by the court
searching questions and answers. that issued the search warrant. However, if such
court failed to resolve the motion and a
criminal case is subsequent filed in another
What is a “scatter shot warrant”? court, the motion shall be resolved by the
latter court.