Trial (Rule 119) which any proceeding concerning the

accused is actually under advisement.

 How much time does the accused have
to prepare for trial?  What is the order of trial?

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?

A state witness is one of two or more persons  What is a demurrer to evidence?

jointly charged with the commission of a
crime but who is discharged with his consent as It is a motion to dismiss the case filed by the
such accused so that he may be a witness for defense after the prosecution rests on the
the State. ground of insufficiency of the evidence of the
prosecution.
 Requisites to discharge of an accused as
State Witness  What are the ways by which a case may
1. Testimony of accused absolutely be dismissed on the basis of insufficiency
needed (absolute necessity) of evidence of the prosecution?
2. No other direct evidence available
EXCEPT his testimony There are two ways:
3. Testimony can be corroborated on 1. the court may dismiss the case on its
material points own initiative after giving the
4. Accused does not appear to be most prosecution the right to be heard; or
guilty 2. upon demurrer to evidence filed by the
5. Accused has never been convicted of accused with or without leave of court.
offense involving moral turpitude
 How do you file a demurrer to evidence
Discharge of accused, when not all the with leave of court?
requisites were met, cannot be revoked as long
as he testified according to what was expected Within 5 days after the prosecution rests, the
of him (People vs. Aninon) accused should file a motion for leave of court
to file a demurrer to evidence. In the motion
 What is the remedy of the prosecution if for leave of court, he should state his grounds.
the court denies the motion to discharge? The prosecution shall have 5 days within which
to oppose the motion.
The State can file a petition for certiorari.
If the leave of court is granted, the accused shall
 Remedy when accused is not brought to file the demurrer to evidence within 10 days
trial within the prescribed period from notice of the grant of leave of court. The
prosecution may oppose the demurrer to
(1) If the accused is not brought to trial within evidence within 10 days from its receipt of the
the time limit required by Section 1(g), Rule 116 demurrer.
and Section 1, as extended by Section 6 of this
rule, the information may be dismissed on  What is the effect of filing the demurrer
motion of the accused on the ground of denial to evidence with leave of court?
of his right to speedy trial. The accused shall
have the burden of proving the motion but the If the court grants it, the case is dismissed.
prosecution shall have the burden of going
forward with the evidence to establish the If the court denies the demurrer to evidence
exclusion of time under section 3 of this rule. filed with leave of court, the accused may still
The dismissal shall be subject to the rules on adduce evidence in his defense.
double jeopardy. Failure of the accused to move
for dismissal prior to trial shall constitute a  What is the effect of filing the demurrer
waiver of the right to dismiss under this section to evidence without leave of court?
(Sec. 9).
If the court denies the demurrer to evidence
(2) Unless a shorter period is provided by without leave of court, the accused is deemed
special law or Supreme Court circular, the to have waived his right to present evidence and
arraignment shall be held within thirty (30) days submits the case for judgment on the basis of
from the date the court acquires jurisdiction the evidence of the prosecution. This is because
over the person of the accused. The time of the demurrer to evidence is not a matter of right but
pendency of a motion to quash or for a bill of is discretionary on the court. You have to ask
particulars or other causes justifying suspension
for its permission before filing it, or else you lose (filing, and
certain rights. opposition)

 What is the remedy of the accused if the

demurrer to evidence is denied?  When can a case be reopened?

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

 To issue orders for the protection and Important stuff:

preservation of the rights of the parties
which do not involve any matter 1. Preliminary conference: Before
litigated by the appeal; conducting the trial, the court shall call
the parties to a preliminary conference
 To approve compromises offered by the during which:
parties prior to the transmission of the
records on appeal to the appellate court a. a stipulation of facts may be
(Sec. 9, Rule 41). entered into,
b. the propriety of allowing the
 What is the difference between the accused to plead guilty to a
appeal of a judgment and the appeal of an lesser offense may be
order? considered, and
c. other matters may be taken up
The appeal from a judgment must be perfected to clarify the issues and to
within 15 days from promulgation. The appeal ensure a speedy disposition of
from an order should be perfected within 15 the case.
days from notice of the final order.
2. Prohibited pleadings and motions:
 Grounds for dismissal of appeal
The court, however, may dismiss the petition if a. motion to dismiss the complaint
it finds the same to be: or to quash the complaint or
(a) Patently without merit; information on the ground of
(b) Prosecuted manifestly for delay; or lack of jurisdiction over the
(c) The questions raised therein are too subject matter, or failure to
unsubstantial to require consideration (Sec. 8, refer the case to the lupon.
Rule 65). b. Motion for a bill or particulars
c. motion for new trial, or for
 A and B were convicted of murder. Only reconsideration of a judgment,
A appealed from the conviction. Should the or for reopening of trial;
decision of the appellate court bind B? d. petition for relief from
judgment;
It depends. If the decision of the appellate court e. motion for extension of time to
would be beneficial to B, it should affect him. file pleading, affidavits, or any
But if the decision would not benefit him, it other paper;
should not bind him. f. memoranda;
g. petition for certiorari,
Effect of appeal by any of several accused mandamus, or prohibition
under Sec. 11, Rule 122: against any interlocutory order
issued by the court;
(a) An appeal taken by one or more of several h. motion to declare the defendant
accused shall not affect those who did not in default;
appeal, except insofar as the judgment of the i. dilatory motions for
appellate court is favorable and applicable to the postponement;
latter. j. reply;
k. third-party complaints;
(b) The appeal of the offended party from the l. interventions.
civil aspect shall not affect the criminal aspect
of the judgment or order appealed from.

(c) Upon perfection of the appeal, the execution

of the judgment or final order appealed from
shall be stayed as to the appealing party.
Search and Seizure (Rule 126) with criminal 2. that the
activity; and person to be
 Nature of search warrant arrested
2. that the committed it
The constitutional right against unreasonable items will be
search and seizure refers to the immunity of found in the
one’s person, whether a citizen or alien, from place to be
interference by government, included in whish searched.
is his residence, his papers and other possession The judge must The judge need not
(Villanueva vs. Querubin, 48 SCRA 345). The conduct a personal, conduct a personal
overriding function of the constitutional searching examination of the
guarantee is to protect personal privacy and examination of the applicant and his
human dignity against unwarranted intrusion by applicant and his witnesses. He may
the State. It is deference to one’s personality witnesses rely on the affidavits
that lies at the core of his right, but it could also of the witnesses and
be looked upon as a recognition of a the recommendation
constitutionally protected area primarily one’s of the prosecutor.
house, but not necessarily thereto confined.
What is sought to be guarded is a man’s  Why are the requirements for the
prerogative to choose who is allowed entry to issuance of a search warrant more
his residence. In that haven of refuge, his stringent than the requirements for the
individuality can assert itself not only in the issuance of a warrant of arrest?
choice of who shall be welcome but likewise in
the kind of objects he wants around him. Thus The violation of the right to privacy produces a
is outlawed any unwarranted intrusion by humiliating effect which cannot be rectified
government, which is called upon to refrain anymore. This is why there is no other
from any intrusion of his dwelling and to respect justification for a search, except a warrant. On
the privacies of his life (Schmerber vs. the other hand, in a warrant of arrest, the
California, 384 US 757). person to be arrested can always post bail to
prevent the deprivation of liberty.
The right of the people to be secure in their
persons, houses, papers, and effects against  Where should the application for search
unreasonable searches and seizures of warrant be filed?
whatever nature and for any purpose shall be
inviolable, and no search warrant or warrant of As a general rule, it should be filed with the
arrest shall issue except upon probable cause to court within whose territorial jurisdiction the
be determined personally by the judge after crime was committed.
examination under oath or affirmation of the
complainant and the witnesses he may produce, But for compelling reasons, it can be filed with
and particularly describing the place to be the court within whose judicial region the
searched and the persons or things to be seized offense was committed or where the warrant is
(Sec. 2, Art. III, Constitution). to be served.

 Distinguish between a search warrant Example of this: The drug syndicate

and a warrant of arrest. stores its drugs in Pasay. It has
connections in Pasay and can easily get
SEARCH WARRANT OF a tip when the police officers will file for
WARRANT ARREST a search warrant. To avoid the drug
The applicant must The applicant must syndicate from getting a tip of the
show: show: impending search, the police officer
may apply for a search warrant in
1. that the 1. probable Makati (within the RTC region), stating
items sought cause that an the compelling reason.
are in fact offense has
seizable by been But, if the criminal action has already been filed,
virtue of committed; the application for a search warrant can only be
being and made in the court where the criminal action is
connected pending.
 What may be the subject of a search It is a warrant of arrest that is issued for more
warrant? than one offense. It is void, since the law
requires that a warrant of arrest should only be
Personal property, which is: issued in connection with one specific offense.

1. subject of the offense,  When should the search warrant be

2. stolen or embezzled and other proceeds executed?
or fruits of the offense, or
3. used or intended to be used as the If possible, it should be executed during the
means of committing an offense. daytime. But in certain cases, such as when the
things to be seized are mobile or are in the
 What are the requisites for issuing a person of the accused, it can be served during
search warrant? nighttime.

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.