COURT: THIRD PILLAR

The court system plays an integral role in the administration of criminal justice system. Once a defendant has
been arrested, courts are responsible for the proper adjudication of the case. If the case proceeds through all
stages of the criminal justice process, the court will be involved in most aspect of the cases.

The role of the court is to interpret and apply the laws of the land.

a. Judges supervise police procedures by signing warrants and ruling on the admissibility of
evidence.
b. Judges interact with defendants by informing them of the charges against them, accepting pleas,
setting bail, providing counsel, and sentencing them to a particular punishment.
c. Judges supervise prosecutors and defence attorneys doing preliminary hearings and trials to
ensure that the rules of the court are followed.
d. In effect, judges must ensure that the law is being followed and that the law is applied fairly and
properly.
The focus on the rights of the defendant is inherent in due process model of criminal justice. The due
process model states that a defendant should not be adjudicated, convicted, and punished, and the
innocent people do not fall through the cracks.

A judge is characterized as a neutral, impartial body that will be fair and deliberate in his or her job.
Judges must interpret the law and sometimes a decision by a judge may seem partisan or biased.

Court and Judge Distinguished

That a court is an incorporable entity composed of one or more judges. It has a personality separate and
distinct from the men who composed it. Judge alone does not necessarily constitute a court for a while
he is an indispensable party he is not only a part of the court. It is elementary; however, that court
cannot exist without a judge.

1. What is the definition of the terms court and judge?

Court is a body to which the public administration of justice is delegated, being a tribunal
officially assembled under authority of law at the appropriate time and place for the
administration of justice through which the state enforces its sovereign rights and powers. It is
an entity or body in which a portion of judicial power is vested.
Judge is an officer so named in his commission who presides in some court; a public officer,
appointed to preside to and administer the law in court of justice.
2. How shall criminal actions be prosecuted?
All criminal actions earlier commenced by complaint or by information shall be prosecuted
under the direction and control of a public prosecutor. In case of heavy work schedule of the
public prosecutor or in the event of lack of public prosecutors, the private prosecutor may be
authorized in writing by the chief of the prosecution office or the regional state prosecutor to
prosecute the case subject to the approval of the court. Once so authorized to prosecute the
criminal action, the private prosecutor shall continue to prosecute the case up to end of the trial
even in the absence of a public prosecutor, unless the authority is revoked or otherwise
withdrawn.
3. If the case is field in court, what shall the first issue that must be resolved?
If a case id filed, the first issue that a court must resolve is whether it has jurisdiction over the
case. If the court has jurisdiction, it shall hear the case; otherwise, the only power it has is to
dismiss the case.
The following are kinds of jurisdiction:
Jurisdiction is the power and authority to hear, try, and decide a case.
1. Original Jurisdiction is the power and authority to hear, try and decide cases brought in the
court, body, or tribunal for the first time.
Example: The crime of theft is first heard by a municipal trial court.
2. Appellate jurisdiction is the power and authority to hear, try and decide cases previously
heard by a lower court, body or tribunal.
3. Exclusive jurisdiction is the power and authority to hear, try and decide cases to the
exclusion of other courts, body, or tribunal.
4. Concurrent jurisdiction is the power and authority to hear, try and decide cases that may be
brought to two or more courts, body, or tribunal.
Concurrent jurisdiction provides that some cases may be brought to two or more courts. Does this
mean that these cases may be brought to all courts, body, or tribunal having jurisdiction over
them?

No, these cases may not be brought to all courts, body, or tribunal having jurisdiction over them. This
is because every initiatory pleading, like complaint or information, must be accompanied by a
certification against forum shopping.

Under certification against forum shopping, the complaint, plaintiff, or principal party shall certify
under oath in his complaint or other initiatory pleading ascertaining a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed therewith:

1. That he has not therefore commenced any action or filed any claim involving the same
issues in any court, tribunal or other quasi-judicial agency and, to the best of his knowledge,
no such other action is pending therein;
2. If there is such other pending action or claim, a complete statement of the present status
thereof; and
3. If he should thereafter learn that the same or similar action or claim has been filed or is
pending, he should report the facts within 5 days therefrom to the court where his aforesaid
complaint or initiatory pleading is filed.

What is the effect of the wilful violation of certification against forum shopping?

The wilful violation of certification Against Forum shopping will result to the dismissal of the case
because forum shopping is strictly prohibited.

a. General Jurisdiction is the power and authority to decide all disputes which may come
before it except those assigned to the other courts, body or tribunal. An example of this is
the Jurisdiction of the Regional Trial Courts (RTC). RTC have jurisdiction over cases not
assigned to any other court, body or tribunal.
b. Limited Jurisdiction is the power and authority to hear and determine only specified cases.
An example of this is the jurisdiction of Municipal Trial Courts (MTC). MTC have jurisdiction
only to cases expressly specified by the law.
 c.Criminal Jurisdiction is the power and authority to hear cases for punishment of crime.
An example of this is when a court hears a criminal case of homicide.
d. Civil Jurisdiction is the power and authority to hear cases not criminal in nature.
An example of this is a suit for collection of money.
What are the matters that will be conducted in court in order?

1. What is arraignment?
Arraignment is made in open court by the judge or clerk furnishing the accused of the copy
of the complaint or information, reading the same in a language or dialect known to him,
and asking him whether he pleads guilty or not guilty.

After arraignment and within thirty days from the date the court acquires jurisdiction over the person of the
accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, the court
shall issue an order of a pre-trial conference to consider the following:

a. Plea bargaining;
b. Stipulation of facts;
c. Marking for identification of evidence of the parties;
d. Waiver of the objections to admissibility of evidence;
e. Modification of the order of trial if the accused admits the charge but interposes a lawful
defense; and
f. Such other matters as will promote a fair and expeditious trial of the criminal and civil aspects of
the case.

All agreements and admissions made or entered during the pre-trial conference shall be reduced in
writing and signed by the accused and counsel; otherwise, they cannot be used against the accused. The
agreements covering the matters referred to the enumeration above shall be approved by the court.

After the pre-trial conference, the court shall issue an order reciting the actions take, the facts stipulated,
and evidenced marked. Such orders shall bind the parties, limit the trials to matters not disposed of, and
control the course of action during the trial, unless modified by the court to prevent manifest injustice.

Aside from entering a plea of guilty for the offense charged, what are the other instances when the plea
of not guilty shall be entered to the accused?

The other instances when the when the plea of not guilty shall be entered to the accused are the
following;

a. When the accused refuses to plead;

b. When he makes a conditional plea of guilty; and
c. When he pleads guilty but present exculpatory evidence.

What is the meaning of exculpatory evidence?

Exculpatory evidence is that which is presented by the accused to set him free.

Illustration of an exculpatory evidence:

An accused in a homicide case admits that he was the one who killed the victim but he claims that he
must be given an opportunity to prove numerous mitigating circumstances to lessen his penalty which
the court granted. When he presented his evidence to prove mitigating circumstances, however, he
 proved that he was not in the crime scene when the crime was committed, he was not be the one who
killed the victim. In such case, his plea of guilty will be withdrawn and a plea of not guilty shall be entered
to him.

Is there a need for the accused and the offended party to be present during arraignment?

On the part of the accused, he must be present to hear the charge against him and personally entered his
plea. On the part of the private offended party, there is no need for him to be present but he shall be
present only for the following purposes:

1. Plea Bargaining-The process whereby the accused and the prosecutor in a criminal case work
out a mutually satisfactory disposition of the case subject to court approval.
2. Determination of civil liability and
3. Others matters requiring his appearance.

After the accused plead guilty, may the court immediately impose a penalty?

NO. when the accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into
the voluntariness and full compensation of the consequences of his plea and shall require the
prosecution to prove the guilt in the precise degree of culpability. When the accused pleads guilty to a
non-capital offense. The court may receive evidence from the parties to determine the penalty to be
imposed.

Take note: Pending trial or even before a case is filed in court; a person may apply for bail for his
temporary liberty.

What is bail? In what form may bail be given?

Bail is a security given for the release of a person in custody of law, Furnished by him or a
bondsman to guarantee his appearance before any court as required under the conditions
specified by law.
BAIL MAY BE GIVEN IN THE FOLLOWING FORMS:
A. Corporate surety- Any domestic or foreign corporation, licensed as a surety in accordance
with law and currently authorized to act as such, may provide bail by a bond subscribed
jointly by the accused and an officer of the corporation duly assigned by its board of
directors.
B. Property bond- A property bond is an under taking constituted as lien on the real property
given as a security for the amount of the bail. Within 10 days after the approval of the
bond , the accused shall cause the annotation of the lien on the certificate of title on file
with the registry of deeds if the land is registered or if unregistered, in the registration book
on the space provided therefore, in the registry of deeds for the province or city where the
land lies, and on the corresponding tax declaration in the office of the provincial city and
municipal assessor concerned. With the same period, the accused shall submit to the court
his compliance and his failure to do so shall be sufficient cause for the cancellation of the
property bond and his re-arrest and detention.
C. Cash deposit- the accused or any person acting in his behalf may deposit in cash with the
nearest collector of internal revenue or provincial, city, municipal treasurer the amount of
bail fixed by the court or recommended by the prosecutor who investigated or filed the
case. Upon submission of a proper certificate of deposit and written undertaking showing
 compliance with the requirements of the rues of court, the accused shall be discharged from
the custody. The money deposited shall be considered as bail and applied to the payment of
fine and costs while the excess, if any, shall be returned to the accused or to whoever made
the deposit.
D. Recognizance- is the release of the defendant on the custody of responsible member of the
community who shall guarantee his appearance whenever required by the court.
A person may be released on recognizance under the following instances only:
1. When the offense committed is light;
2. When the offender is minor
3. When the offenders applies for probation.
What are the requisites and condition of bail?
The following are the requirements or conditions of bail:
a. The undertaking shall be effective upon approval and unless cancelled, shall remain in force
at all stages of the case until promulgation of the judgement of the regional trial court,
irrespective of whether the case was originally filed in or appealed to it;
b. The accused shall appear before the proper court whenever required by the court as stated
under the rules of court;
c. The failure of the accused to appear at the trial without justification and despite due notice
shall be deemed a waiver of his right to be present thereat in such case the trial may
proceed in absentia; and
d. The bondsman shall surrender the accused to the court for execution of the final judgement.

Take note: the original papers shall state the full name and address of the accused, the amount of
the undertaking and the conditions required by the rules of court. Photograph taken within the last
six months showing the face, left and right profiles of the accused must be attached to the bail.

When is bail a matter of right and when is bail a matter of discretion?

Bail is a matter of right in any of the following:

a. Before or after conviction by the metropolitan Trial Court, Municipal Trial Court, Municipal
Trial Court in Cities, or Municipal Circuit Trial Court;
b. Before conviction by the Regional trial court of an offense not punishable by death,
reclusion perpetua or life imprisonment

Bail is discretion upon conviction of the regional trial court of an offense not punishable by death,
reclusion perpetua, or life imprisonment.

In cases not stated above, bail will be denied outrightly .

In other words, no person charged with capital offense or an offense punishable by reclusion
perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless
of the state of the criminal prosecution.

Take note: A capital offense is defined as an offense, under the law existing at the time of its
commission and of the application for admission to bail, may be punished with death.
What happens if a person release of bail is found to be guilty of the offense charged and an
imprisonment for more than six years is imposed as a penalty?

If the penalty imposed by the trial court is imprisonment exceeding six years, the accused shall
denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the
accused of the following or other similar circumstances:

a. That he is a recidivist, quasi-recidivists, or habitual delinquent, or has committed the crime

aggravated by the circumstance of reiteration;
b. That he has previously escaped from legal confinement, evaded sentence, or violated the
conditions of his bail without valid justification;
c. That he committed the offense while under probation, parole, or conditional pardon;
d. That the circumstances of this case indicate the probability of flight if release on bail; or
e. That there is undue risk that he may commit another crime during the pendency of the
appeal.
The appellate court may, motu propio (at its own instance) or on motion of any party, reviews the
resolution of the Regional Trial Court after notice to the adverse party in either case.

Where and how is bail being filed?

When bail is filed, the following rules shall be observed:

a. Where the grant of bail is a matter of right, the amount fixed may be filed with the court
where the is pending, or in the absence or unavailability of the judge there of, with any
Regional Trial Court, Metropolitan Trial Judge, Municipal Trial Judge, or municipal circuit
Trial Jude in the province, city or municipality. If the accused is arrested in a province, city or
municipality other than where the case is pending, bail may also be filed with any Regional
Trial Court of said place or if no Judge thereof is available, with any Metropolitan Trial Judge,
Municipal Trial Judge therein;
b. Where the grant of bail is a matter of discretion, or where the accused seeks to be released
on recognizance, the application may only be filed in the court where the case is pending,
whether on preliminary investigation, trial, or appeal; or
c. Where the person is in custody is not yet charged, he may apply for bail with any court in
the province, city or municipality where is he held.

As a rule, no bail is allowed after conviction, what is the exemption to this rule?

As a rule, no bail shall be allowed after conviction however if before such finality, the accused applies
for probation, he may be allowed temporary liberty under his bail. When no bail was filed or the
accused is incapable of filing one, the court may allow his release on recognizance to the custody of a
responsible member of the community, in no case shall bail be allowed after the accused has
commenced to serve sentence.

When may bail be forfeited or cancelled or when may a person released on bail be arrested?

When may bail be forfeited?

When the presence of the accused is required by the court or the rules of court, his bondsman shall
be notified to produce him before the court on a given date and time. If the accused fails to appear
 in person as required, his bail shall be declared forfeited and the bondsman are given 30 days within
which to produce their principal and to show why no judgement should be rendered against them
for the amount of their bail. Within the said period, the bondsman must:

a. Produce the body of their principal or give the reason for his non production: and
b. Explain why the accused did not appear before the court when first required to do so.

Failing in these two requisites, a judgement shall be rendered against the bondsman, jointly and severally for
the amount of the bail. The court shall not reduce or otherwise mitigate the liability of the bondsmen unless
the accused has been surrendered or is acquitted.

When may bail be cancelled?

Upon application of the bondsman, with due notice to the prosecutor, the bail may be cancelled upon
surrender of the accused or of proof of his death. The bail shall be deemed automatically cancelled upon
acquittal of the accused or proof of his death. The bail shall be deemed automatically cancelled upon
acquittal of the accused, dismissal of the case, or execution of the judgement of conviction. In all instances,
the cancellation shall be without prejudice to any liability on the bail.

When may a person released on bail be arrested?

For the purpose of surrendering the accused, the bondsman may arrest him or upon written authority
endorsed on a certified copy of the undertaking, caused him to be arrested by a police officer or any other
person of suitable age and discretion. An accused released on bail may be re-arrested without necessity of a
warrant if he attempts to depart from the Philippines without permission of the court where the case is
pending.

What are the different cases that may be filed against a person and how do this cases be instituted?

Upon filing of the complaint or information in court, the accused faces two charges and these are the criminal
cases and civil cases.

However, if the accused is a public officer or employee he may also face an administrative case in addition to
the criminal and civil cases especially if the act complained is related to his official duty.

What are the distinctions among criminal, civil, and administrative cases?

The distinctions among criminal, civil, and administrative cases are the following:

a. In accordance to whose jurisdiction these cases are filed. Criminal and civil cases field in courts
while administrative cases are filed in quasi-judicial bodies. The quasi-judicial bodies hearing
administrative cases against policemen include People’s Law Enforcement Board (PLEB), internal
affairs service (IAS), National Police Commission (NAPOLCOM), and Commission on Human
rights (CHR).
b. In accordance to weight or sufficiency of evidence required. In criminal cases, the evidence
needed to convict an accused is proof beyond reasonable doubt; in civil cases, preponderance of
evidence; in administrative cases, substantial evidence.

Definitions

1. Proof beyond reasonable doubt is a degree of proof which produces conviction in an

unprejudiced mind.
 2. Preponderance of evidence means that the testimony adduced (mentioned) by one side is
more credible and conclusive than the other.
3. Substantial evidence is the relevant evidence which a responsible mind might accept as
adequate to support a conclusion.
c. In accordance with impossible penalties. In criminal cases, the imposable penalties are
imprisonment, destiero, or even death; in civil cases, payment damages; in administrative cases,
reprimand, suspension or dismissal from the service.
d. In accordance with the designation of the victim. In criminal cases, the victim is known as the
private offended party. He is represented by the people of the Philippines to show that the
crime committed affects not only the victim but the society as a whole ; in civil cases the victim is
known as plaintiff; in administrative cases, he is known as complainant.

e. In accordance to the designation of the person being heard. In criminal cases, the person being
heard is known as accused; in civil cases, he is known as defendant; in administrative cases, he is
known as respondent.

When and how do complaints or information be quashed? State the grounds for quashing and the rules in
amending complaints or information.

The term quashed defined. The term quash literally means to put a stop. it is the act of formally declaring
that a law or the courts verdict is invalid.

The time of quashing complaints or information. At any time before entering his plea, the accused may move
to quash the complaint or information.

the form and contents of quashing complaints and information. the motion to quash shall be in writing,
signed by the accused or his counsel and shall distinctly specify its factual and legal grounds. The court shall
consider no ground other than those stated in the motion, except lack of jurisdiction over the offense
charged.

The ground for quashing complaints or information is any of the following:

a. that the facts charged do not constitute an offense;

b. that the court trying the case has no jurisdiction over the offense charged;
c. that the court trying the case has no jurisdiction over the person of the accused;
d. that the officer who filed the information had no authority to do so;
e. that it does not conform substantially to the prescribed form;
f. that more than one offense is charged except when a single punishment for various offenses is
prescribed by law;
g. that the criminal action or liability has been extinguished;
h. that it contains averments which, if true, would constitute a legal excuse or justification; and
i. 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.

Take note : The failure of the accused to assert any ground of a motion to quash before he pleads to the
complaint or information, either because he did not file a motion to quash or failed to allege the same said
motion, shall be deemed a waiver of aunty objections except those based on the grounds provided for in
paragraphs (a), (b), and (I) of section 9, rule 117 of the rule of court.

The rules amending complaints and information are the following:

 a. if the motion to quashed is based on the alleged defect of the complaints or information which can
be cured by amendments, the court shall order that an amendment be made.
b. If it is based on the ground that the facts charged do not constitute an offense, the prosecution shall
be given cy the court an opportunity to correct the defect by amendment. The motion shall be
granted if the prosecution fails to make an amendment, or the complaint or information still suffers
from the same defect despite the amendment.

2. Pre-trial is an informal trial which precedes the regular trial of the case primarily intended to
expedite the preceding whenever the accused and his counsel agree whereby the court shall conduct
a pre trial conference without impairing the rights of the accused.

The court shall consider:

a. the possibility of an amicable settlement or of a submission to to alternative modes of

dispute resolution;
b. the simplification of the issues;
c. the possibility of obtaining stipulations or admissions of facts and of documents to avoid
unnecessary proof;
d. the limitation of the number and identification of witness and the setting of trial dates
e. etc.

3. Trial defined. Trial is the examination before a competent tribunal, according to the laws of the
land, of the facts and issue in cases, for the purpose of determining such issue.

the trial shall proceed in the following order:

a. the prosecution shall present evidence to prove the charge and, in proper case, the civil liability;
b. the accused may present evidence to prove his defense and damages, if any, arising from the
issuance of the provisional remedy in the case;
c. the prosecution and the defense may, in that order, present rebuttal and sur-rebutal evidence unless
the court , in furtherance of justice, permit them to present additional evidence bearing upon the
main issue;
d. 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.

When shall trial commence? 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.

Explain the continuous trial rule: Trial once commence 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. the court shall after
consultation with the prosecutor and defense counsel, 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. in no case shall the entire
trial period exceed one hundred eighty days from the first day of trial, except as otherwise authorized by the
Supreme Court.

What is the maximum period of the rendition of a decision?

the court must decide or resolve a case or matter submitted thereto within the following period from the
date of submission for decision:
 a. Supreme court shall decide or resolve the case within 24 months
b. courts of appeal and other collegiate appellate courts shall decide or resolve the case within 12
months unless reduced by the supreme court;
c. inferior (RTC, MTC, MeTc etc.) courts shall decide or resolve the case within 3 months.

The following periods of delay shall be excluded in computing the time within which trial must commence:

a. any period of delay resulting from other proceedings concerning the accused, including but not
limited to the following:
1. Delay resulting from an 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 extraordinary remedies against interlocutory orders;
4. delay resulting from pre trial proceedings; provided, that the delay does not exceed thirty
days;
5. delay resulting from orders of inhibition, or proceeding relating to change of venue of cases
or transfer from other courts;
6. delay resulting from a finding of existence of a prejudicial question; and
7. delay reasonably attributable to any period, ot to exeed 30 days, during which any
proceeding concerning the accused is actually under advisemennt.

b. any period of delay resulting from the absence or unavailability of an essential witness;

c. Any period of delay resulting from the 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. A reasonable period of delay when the accused is joined for tial with a co-accused over whom the court
has not acquired jurisdiction, or, as to whom the time for trial has not run and no motion for separate trial
has been granted; and

f. Any period of delay resulting from a continuance granted by any court motu proprio, or on motion of either
the accused or his counsel, or prosecution, if the court granted the continuance on the basis of its findings set
forth in the order that the ends of justice served by taking such action outweigh the best interest of the
public and the accused in a speedy trial.

What will happen to the order of trial when the accused admits the act or omission charged in the
complaint or information but interposes an affirmative defense (like self-defense)?

when the accused admits the act or omission charged in the complaint or information but interposes an
affirmative defense like self-defense, the order of trial will be modified. The accused is the first to present his
evidence to prove his claim or defense like self-defense.

In requiring first the accused to prove his defense; does this violate his constitutional right to be presumed
innocent until the contrary is proved?
No, his constitutional right of innocence is not violated. In fact, the accused may object for the modification
of order of trial and the prosecution will be the first to present evidence but the accused cannot claim other
affirmative defense like self-defense anymore. He may, however, prove other evidence like alibi.

What is the meaning of alibi as used in the preceding paragraph?

Alibi is an averment (allegation) that a person was at another place for such a period of time it was
impossible for him to have been at the place where the act was committed at the time of its commission.

What if during trial, the accused escapes and cannot be located?

if the accused escapes and cannot be located, trial in absentia will be conducted. the following are the
requisites of trial in absentia:

a. the accused has been notified for the trial; and

b. his failure to appear is unjustified.

What is judgement? What are the requisites?

Judgement is the adjudication (decision) by the court that the accused is guilty or not guilty of the offense
charged and the imposition on him of the propper penalty and civil liability, if any.

The requisites of judgement are as follows:

a. it must be duly signed;

b. Must state the findings of the facts and law upon which it is based; and
c. must be promulgated during the incumbency of the judge who signed it

State the contents of a judgement:

a. In case of conviction, the contents of a judgement are as follows:

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.

b. in case the judgement is of acquittal, it shall state 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 judgement shall determine if the act or omission from which the civil liability might arise did not
exist.

Explain double Jeopardy

When an accused has been convicted or acquitted, or the case against him dismissed or otherwise
terminated without his express consent by a court of competent jurisdiction, upon a valid complaint or
information or other formal charge, 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 necessarily includes or necessarily included in the offense
charged in the former complaint or information.

However, the conviction of the accused shall not be a bar to another prosecution for an offense which
necessarily includes the offense charged in the former complaint or information under any of the following
instances:

a. the graver the offense develop due to supervening facts arising from the same act or omission
constituting the former charge;
b. the facts constituting the graver charge became known or were discovered only after a plea was
entered in the former complaint or information;
c. the plea of guilty to the lesser offense was made without the consent of the prosecutor and of the
offended party. If the offended party however, fails to appear during arraignment despite due notice,
the prosecutor alone may conform with the plea of guilty to lesser offense that may be requested by
the accused.

Define and explain the meaning of appeal? where shall appeal be taken?

4. Appeal is a resort to a superior court to review the decision of an inferior court or administrative
agency. The party who takes an appeal from one court to another is called the appellant, while the party
against whom the appeal is taken is called the appellee.

Appeal is to be taken to the following:

a. In cases decided by the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court,
appeal is to be taken to the RTC.

What is the distinction among MTC, MCTC, and MeTC?

All of these belong to the same jurisdiction.MTC is maintained to municipalities with huge population, MCTC
is maintained covered municipalities with small population where it is impractical to maintain one MTC for
every municipality; MeTC is maintained in Metro Manila area.

b. In cases decided by the RTC, the following rules shall be observed:

1. If the issue involve pure question of law, to the supreme court;

2. pure question of law exist if there is a doubt as to the application of law to a certain fact; and

3. If the issue involves pure question of fact or mixed question of law and fact, to the court of
appeals.

There is a pure question of fact if there is a doubt as to the falsity or truthfulness of a certain fact. An
example of it is the doubt whether the crime of rape was really committed inside a police station as
claimed by the victim.

c. In cases decided by the COurt of Appeal is made to the supreme court.

If the case is decided by the supreme court, where will an appeal be made?

There is no appeal to speak of if the case is already decided by the supreme court because it is the
highest court of the land. A motion for reconsideration may however be filed in some cases.
If a person charged before the court is a minor, what are the matters that must be taken into consideration
by the court?

If a person charged before the court is a minor,the following must be taken into consideration:

a. Bail;

for the purpose of recommending the amount of bail, the privileged mitigating circumstances of
minority shall be considered.

b. Release on recognizance;

where a child is detained, the court shall order any of the following:

● the release of the minor on recognizance to his/her parents and other suitable person;
● the release of the child in conflict with the law on bail; or
● the transfer of the minor to a youth detention home/youth rehabilitation center.

Take note: The court shall order the detention of a child in jail pending trial or hearing of his/her case.

Children detained pending trial may be released on bail or recognizance. In all other cases and whenever
possible, detention pending trial may be replaced by alternative measures, such as close supervision,
intensive care or placement with a family or in an educational setting or home.

c. Detention of the child pending trial

Institutionalization or detention of the child pending trial shall be used only as measure of last resort
and for the shortest possible period of time .

Whenever detention is necessary, a child will always be detained in a youth detention home under
the direct control and supervision of a judge of a family court. Said youth detention home shall be
established by the local government to separate the youth offenders from the adult criminals.
Alternatives to detention and institutional care shall be made available to the accused child including
counseling, recognizance, bail, community continuum, or diversions from the justice system and his
human rights are fully respected in a manner appropriate to the well-being.

In the absence of a youth detention home, the child in conflict with the law may be committed to
the care of the DSWD or a local rehabilitation center recognized by the government in the
province, city or municipality within the jurisdiction of the court. the center or agency concerned
shall be responsible for the child’s appearance in court whenever required.

To summarize, what are the matters that will be conducted in court in order?

The matters that will be conducted in court will be the following

a. arraignment- is that stage in the criminal prosecution which consists of the reading to the accused in
open court of the complaint or information charging him with the offense and furnishing him a copy
thereof, including list of witnesses and asking him whether he pleads guilty or not as charged.
b. Pre-trial is an informal trial which precedes the regular trial of the case primarily intended to
expedite the preceding whenever the accused and his counsel agree whereby the court shall conduct
a pre trial conference without impairing the rights of the accused.
c. Trial- is the formal investigation of the member in issue with respect to the action before a
competent court for the purpose of determining such issue that involves the guilt or innocence of
the accused.
d. Judgement is 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. It must be written in
the official language, personally, personally and directly prepared by the judge and signed by him
and shall contain clearly and distinctly a statement of the facts and the law upon which it is based.
e. Appeal is a proceeding for review by which the whole case is elevated to a higher court for review
and final adjudication.