Remedial Law - CRIM PRO (Pros. Centeno)
Remedial Law - CRIM PRO (Pros. Centeno)
What is the reason for the rule in requiring that How must the qualifying and aggravating
all the elements comprising the offense be circumstances be alleged?
incorporated in the information or complaint? The information should state not only the
The accused is presumed to have no designation of the offense by statute but must also
independent knowledge of the facts that constitute specify its qualifying and aggravating
the offense. It is needed to reasonably indicate the circumstances attendant to the commission of the
exact offense which the accused is alleged to have offense. So that in the crime of murder the
committed to enable him to intelligently prepare for qualifying circumstances must be stated
his defense; and in case of conviction or acquittal specifically as the circumstances attending the
he may plead the same in a subsequent commission thereof. Mere statement of such
prosecution for the same offense. (People v. Taño, circumstances in the information is not considered
G.R. No. 133872, May 5, 2000; People v. compliance with Sections 8 and 9 of Rule 110. (Pp.
Barrientos, 285 SCRA 221, 244-45 (1998) vs. Gario Alba Jan. 29, 2002) Even if the
aggravating circumstances are proved during the
What is the scope of the act or omission subject of trial, if they were not properly alleged in the
the complaint or information? complaint or information, the court cannot take
This refers to the cause of the accusation. them into account in the fixing of the proper
Every person accused of an offense is entitled to penalty. (People vs. Mauricio, Feb. 8, 2001;Pp. vs.
be duly informed of the nature and the cause for Juan, G.R. No. 152289, Jan. 14, 2004)
which he is charged. The actual recital of the facts
as alleged in the body of information constituting May negative facts or excepting facts be
the gravamen of the offense for which the accused included in the complaint or information? What is
is apprised of the charge against and not the
What civil action must be reserved? Payment of filing fees, re: claim for civil indemnity
What needs reservation is only the civil arising from the crime:
action arising from the offense. The reservation to When a civil action is deemed instituted
file the separate civil action must be done before with the criminal action in accordance with Section
the prosecution starts presenting evidence. 1, Rule 111 of the Rules of Court -- because the
offended party has NOT waived the civil action, or
Effect of acquittal of the accused on the civil reserved the right to institute it separately, or
action: instituted the civil action prior to the criminal action
Even if an accused is acquitted of the -- the rule regarding the payment of filing fees is as
crime charged, such will not necessarily extinguish follows:
the civil liability, unless the court declares in a final 1) When the amount of damages, other than
judgment that the fact from which the civil liability actual, is alleged in the complaint or information
might arise did not exist. (Sanchez vs. Far East filed in court, then the corresponding filing fees
Bank, G.R. No. 155309, Nov. 15, 2005) shall be paid by the offended party upon the filing
The acquittal of the accused the court thereof in court for trial;
because of the failure of the prosecution to 2) In any other case, however -- i.e., when
establish her guilt beyond reasonable doubt, does the amount of damages is not so alleged in the
not necessarily mean her exoneration from civil complaint or information filed in court, the
liability for damages, if any, suffered by the corresponding filing fees need not be paid in the
offended party. (Tupaz vs. CA, G.R. No.145578, meantime and shall simply constitute a first lien on
Nov. 18, 2005) The question as to civil damages the judgment, except in an award for actual
may still be appealed.(Bautista vs. CA Sept. 2, damages.(Pp vs. Mejorada G.R. No. 102705, July
1992) Note however that there are instances where 30,1993)
Consolidation of the civil action and criminal action, Effect of Death of the Accused
effect of: 1. Death of accused, rules to be followed: (Sec. 4,
In the event of such consolidation, the two Rule 111)
cases shall be jointly tried. The evidence adduced 2. Death occurs after the arraignment AND during
in the trial of the civil action earlier tried shall be the pendency of the criminal action – the civil
considered reproduced in the subsequent criminal liability arising from the crime shall be
action. Each party may however exercise the right extinguished; but the independent civil action
to cross-examine the witnesses presented in the arising from other sources of obligations may be
trial of the civil action. continued against: (a) the estate of the accused; or
(b) the legal representative of the accused after
Extinction of the criminal action, when deemed proper substitution;
extinction of the civil action arising from the crime: 3. Death occurs before the arraignment, the case
The general rule is to the effect that the shall be dismissed without prejudice to any civil
extinction of the criminal action does NOT carry action that may be filed by the offended party
with it the extinction of the civil action arising from against the estate of the deceased.
the crime. However, the civil action arising from the 4. Death occurs after a judgment has been
crime is deemed extinguished with the criminal rendered against the accused has become final,
action if there is a finding in a final judgment in the the same shall be enforced in accordance with the
criminal action that the act or omission from which rules for prosecuting claims against the estate of
the civil liability may arise did not exist. (Sec. 2, the deceased. Read Rule 39, Sec. 1, Rule 86, Sec.
Rule 120;Section 2, Rule 111 last par.; See Article 1,Rule 87)
11, Revised Penal Code with the exception of
paragraph 4) The independent civil actions (a) and the
civil action arising from the crime (b), are actions
Consolidation of independent civil action with the that can be prosecuted against the estate of the
criminal action, when allowed: deceased. These actions “survive” the death of the
Ordinarily, the court cannot order the accused.(Sec. 16, Rule 3)
consolidation of such kinds of action considering
that the so-called independent civil action can be The civil action arising from the crime that
tried and proceed independently of the criminal survives shall then be prosecuted against the heirs
action. However, the court may allow such of the deceased upon proper substitution even
consolidation pursuant to Sec. 1, Rule 31, the rule before the appointment of an executor or
provides: “When actions involving a common administrator of the estate of the deceased.
question of law or fact are pending before the (Sec.16, Rule 3, par 2)
court, it may order a joint hearing or trial of any or
all the matters in issue in the actions, it may order The death of the accused while his case
all the actions consolidation, and it may make such is pending review by the appellate extinguishes
orders concerning proceedings thereon as may both civil and criminal liability. (Bayotas vs. CA,
tend to avoid unnecessary costs or delay.”(See 226 SCRA 234; Mansion Biscuits Corp. vs. CA 250
also Cojuangco vs. CA, Nov. 18, 1991) In the said SCRA 195)
case, the criminal action was for libel and the civil
action was an independent civil action for damages Duty of counsel for the accused in case of the
as a result of the defamatory publication. The latter’s death:
reason for the order of consolidation was to avoid The counsel shall notify the court within
the multiplicity of suits. 30 days after such death and shall give the name
and address of the legal representative of the
Extinction of the civil action arising from crime, deceased. Failure on the part of the counsel to
effect of: perform such a duty would be a ground for
By express provision of the rules, a final disciplinary action.(Sec. 16, Rule 3)
judgment absolving the defendant-accused from
civil liability is not a bar to a criminal action against
May the issue of prejudicial question be validly Preliminary Investigation, matter of right:
raised in a criminal case of bigamy? A person may demand the right to a
The issue of a prejudicial question cannot preliminary investigation in crimes or offenses
be raised in an action for bigamy. Even if the cognizable by the Regional Trial Court or in crimes
marriage is considered bigamous and null and void or offenses punishable by imprisonment of at least
ab initio there must still be a declaration of such by four (4) years, two (2) months and one (1) day.
the competent court. (Article 40 of the Family
Code).Article 40 provides that the absolute nullity Scope of Preliminary Investigation:
of a previous marriage may not be invoked for It is merely inquisitorial and a means of
purposes of remarriage unless there is a final discovering the person or persons who may be
judgment declaring such previous marriage void. reasonably charged. It is not a trial of the case on
What is the so-called “sufficiency test” in In what instances may the arresting officer not
connection with application for a search warrant? required to inform the person to be arrested about
The real test of sufficiency of a deposition the reason for arrest?
or affidavit to warrant issuance of a search is The officer making the arresting is not
whether it was drawn in a manner that perjury required to inform the person to be arrested of the
could be charged thereon and the affiant are held
This rule on warrantless arrest must be What is the duty of the arresting officers?
read with RA 9372 (Human Security Act, approved Immediately after taking custody of the person
on March 6, 2007 and became effective on July 15, charged or suspected of the crime of terrorism or
2007) and Article 125 of the Revised Penal Code. conspiracy to commit terrorism, the arresting officer
The new law provides some exceptions to the shall notify in writing the judge of the court nearest
What is the liability of the arresting officer who fails Invalidity of an arrest, effect of; when to raise:
to comply with the above rule? The legality of an arrest affects the
The penalty of 10 years and 1 day to 12 years jurisdiction of the court over the person of the
imprisonment shall be imposed upon the arresting accused. It does not negate the validity of the
officer who fails to notify any judge. decision rendered by the court in the particular
case. (Pp. vs. Copio L-133925, Nov. 29, 2000) The
What is the rule or procedure to be followed in the defect in the arrest of an accused must be raised in
event of actual or imminent terrorist attack? the trial court before the accused pleads to the
Under such circumstances, the arrested information by way of motion to quash under Rule
person may be detained for a of not exceeding 117.
three (3) days with the written approval of a Failure on the part of the accused to raise
municipal, city, provincial or regional official of the such defect in the arrest would be deemed a
Human Rights Commission, or any judge, waiver on his part to raise the question on appeal.
Sandiganbayan Justice or any justice of the court And he is considered in estoppel if voluntarily
of appeals nearest the place of arrest. If the arrest submits to the jurisdiction of the court by entering a
is effected on Saturdays, Sundays or holidays or plea and participating in the trial of the case. (Pp.
after office hours, the arresting officer shall bring vs. Madraga L-129299; Pp. vs. Palijon L-123545)
the arrested person to the residence of any of the
above-mentioned public officers that is nearest the SEARCH WARRANT
place of arrest. (Rule 126)
Under the rules of court what is procedure of Ordinarily, no search and seizure can be validly
arrest by peace officer without warrant? undertaken without a valid warrant of search and
The officer making the arrest shall inform the seizure. The only lawful means, which can be
person to be arrested of his authority and the case employed to search the premises of a person, is by
of his arrest, unless the latter is either engaged in means of a search warrant. The law and the rules
the commission of an offense, is pursued however admit of some exceptions depending on
immediately after its commission, has escaped, the facts and circumstances of the case.
flees or forcibly resists before the officer has
opportunity to inform him; or when the giving of the When may a search warrant be issued?
information will imperil the arrest. (Sec.8, Rule 113) As earlier mentioned, no search warrant
may be issued except upon probable cause in
What is procedure of arrest by a private person connection with one specific offense to be
without warrant? determined personally by the judge after
A private individual shall inform the person to examination under oath or affirmation of the
be arrested of the intention to arrest and the cause complainant and the witnesses he may produce.
of the arrest, unless the latter is either engaged in The search warrant so issued must
the commission of an offense, is pursued particularly describe the place to be search and the
immediately after its commission, has escaped, things to be seized. (Sec. 4, Ibid.)
flees or forcibly resists before the officer has The requirement of having to describe the
opportunity to inform him; or when the giving of the place to be search and the things to be seized is to
information will imperil the arrest. (Sec.9, Rule 113) avoid the issuance of general search warrants.
General search warrant is one which vaguely
What are the rights of counsel or relative of a describes and does not particularize the personal
person arrested? properties to be seized without a definite guideline
Section 14, Rule 113 should be read with the to the searching team as to what items might be
provisions of RA 7438 on the rights of a person lawfully seized. (Nolasco vs. Puno, Oct. 8, 1985;
under custodial interrogation. The law provides Peudon vs. Ca Nov. 16, 1990; Columbia Pictures
that: “any member of the Philippine Bar shall, at the vs. CA June 29, 1993; Corro vs. Lising 137 SCRA
request of the person arrested or of acting in his 54)
What is the scope of a validly warrantless search Other laws and principles governing
of citizens in checkpoints set up by the police of persons in custody. (RA 7438). This law defines
military authorities? the rights of persons in custody in conjunction with
Warrantless search and seizure conducted at Sec. 14, Rule 113 of the rules of court and Sec.
police or military checkpoints is valid. The reason 12(1) Art. III, Philippine Constitution.
for its validity is the protection of the government
and safeguarding the lives of the people. Concept of Custodial Investigation and When it
Checkpoints are legal where the survival of an Begins:
Primary purpose of Bail: Bail allowed even before the filing of the
The purpose of bail is to relieve the information:
accused of imprisonment and the state of the Any person in custody who is not yet
burden of keeping him pending trial, and likewise to charged in court may apply for bail with any court
secure his appearance at the trial of his case. in the province, city or municipality where he is
(Almeda vs. Villaluz, 66 SCRA 38; See also 6 held. (Sec. 17(c), Rule 114; See also Lavides vs.
AMJUR 2ND 63) CA, supra). A person arrested under Sec. 5, Rule
113 who has signed a waiver of the provisions of
Theory of Bail: Article 125 of the Revised Penal Code may be
Arraignment after the prosecution has rested its Refusal of the accused to plead or makes a
case: conditional plea, effect of:
The rule is that the arraignment must take When the accused refuses to plead or
place before trial. There can be no valid trial makes a conditional plea, a plea of NOT GUILTY
without a valid arraignment. However, if the shall be entered for him. (Sec. 1c, Rule 116; Pp.
accused was given the opportunity to be heard, vs. Madraga Nov. 15, 2000)
arraignment after the prosecution has rested can
be considered valid. While there was error in the Important Rules and Principles where the accused
procedure, the error did not prejudice the rights of enters a PLEA OF GUILTY to the offense charged
the accused. (Pp. vs. Cabale 185 SCRA 140) Note: in the information.
In the cited case, the accused through counsel A) Plea of Guilty to a capital offense:
cross-examined all the witnesses for the Where the accused pleads guilty to a
prosecution and thereafter presented its own capital offense, the trial court must strictly observe
evidence. Further the accused through counsel in the procedure laid down by Sec. 3, Rule 116. In
the said case agreed to have the evidence such a case, the court must conduct a searching
adduced before the arraignment reproduced inquiry and such inquiry must focus on the
thereafter. following:
Comparing the case to that of a) The voluntariness of the plea of guilty;
Cabacungan vs. Concepcion 95 Phil. 87 the b. A complete comprehension of the legal effects of
accused through counsel questioned the lack of the plea so that the plea of guilty can be truly said
arraignment but the trial court proceeded without it. to be based on a free and informed judgment.
The Court, for lack of arraignment, declared the c) To require the prosecution to present evidence
proceedings void. to prove the guilt of the accused and the precise
degree of culpability;
Time to arraign the accused: d) To ask the accused if he so desires to present
1. The arraignment of the accused shall take place evidence in his behalf and allow him to do so if he
within 30 days from the time the court acquires so desires.
jurisdiction over the person of the accused, unless
a shorter period is fixed by special law or by Effect of failure to comply with the above
Supreme Court circular ;(Sec. 1g, Rule 116) requirements.
2. When the accused is under preventive detention Failure to comply with the requirements
arraignment shall take place within 10 days from would render the judgment invalid because it was
the time the case is raffled to a particular court; based on an invalid arraignment. (Pp. vs. Durango
3. The raffle shall take place not later than three (3) April 5, 2000; Pp. vs. Magat, May 31, 2000; Pp. vs.
days from the time the case is filed. (Sec. 1e, Rule Hermoso, Oct. 18, 2000; Pp,. vs. Templo, Dec.1,
116) 2000) In a plea of guilty to a capital offense, a mere
warning on the part of the court that the accused
Effect of filing motions to quash or bill of particular faces the supreme penalty of death is not
on the above-periods: considered substantial compliance to the above
The period during the pendency of a rule. (Pp. vs. Nadera 324 SCRA 490)
motion to quash or bill of particulars shall be
excluding from the above-periods.(Sec. 2, SC Cir. How may such searching inquiry be done by the
38-98) judge?
In one case the SC held that the trial
The accused did not appear for the arraignment judge may require the accused who pleaded guilty
but filed a sworn written manifestation that he is to fully narrate the incident that spawned the
entering a plea of not guilty to the offense charged charges against him by making him re-enact the
in the information. Was there a valid arraignment? manner in which he perpetrated the crime, or by
causing him to furnish and explain to the court the
Bill of Particulars, meaning of: Must the court grant suspension on the ground that
It is a more definite statement of any the accused is suffering from unsound mental
matter which is not averred with sufficient condition?
definiteness and particularity in a pleading so as to Suspension of the arraignment on the
enable the opposing party to prepare his ground that the accused appears to be suffering
responsive pleading or to prepare for trial. The bill from an unsound mental condition lies within the
of particulars filed by the prosecution shall form sound discretion of the court. The test is whether
part of the complaint or information. the accused, even with the assistance of counsel,
would have a fair trial. It refers to “present insanity”
Time to file Motion for Bill of Particulars; Effect of or the competency to stand trial and relates to the
failure to file a timely motion for bill of particulars. appropriateness of conducting criminal proceeding
A motion for a bill of particulars must be in the light of the defendant’s present capacity to
filed by the accused at any time before participate meaningfully and effectively therein.
arraignment. If the accused fails to file the motion (Pp. vs. Estrada, June19, 2000)
before he is arraigned he is deemed to have
waived such right. (Pp. vs. Gutierrez 91 Phil. 876) MOTION TO QUASH
The failure to file a timely motion will deprived the (Rule 117)
accused of his right to object to evidence which Nature and Concept of:
could be lawfully introduced and admitted under It is a special pleading filed by the
the complaint or information. (Ibid.) defendant before entering a plea, which
hypothetically admits the truth of the facts spelled
Contents of the Motion for Bill of Particulars: out in the complaint or information at the same time
The motion must specify the alleged that it sets up a matter which, if duly proved would
defects of the complaint or information and the preclude further proceedings.(Milo vs. Salonga,
desired details. 152 SCRA 113; Lopez vs. Sandiganbayan Oct. 13,
Discovery procedure in Criminal Cases: 1995)
This is available to the accused and The movant assumes the facts alleged in
should extend to matters of privilege. The purpose the information to be true. The said facts must be
of the rule is to avoid surprises during the trial of duly proven should the motion to quash be denied
the case. and trial would follow.
Motion for bill of particulars, where filed. Time to file Motion to Quash:
The rule does not specify which court. It At any time before entering his plea, the
would seem therefore that this mode of discovery accused may move to quash the information on
can be availed of even during the preliminary any of the ground for motion to quash.(Sec. 1 Rule
investigation and may be filed with any court. 117) Failure to assert the said grounds before the
accused pleads to the information, either because
Suspension of Arraignment: he failed to file a motion to quash or failed to allege
Grounds for suspension of the such grounds in his motion, shall be deemed a
arraignment: waiver thereof. (Raro vs. Sandiganbayan July 14,
a) If the accused appears to be suffering from 2000).
unsound mental condition which effectively renders
him unable to fully understand the charge against Grounds not deemed waived by reason of the plea
him. (Read this with Article 12(1), Revised Penal of the accused.
Code) The following grounds for motion to quash
b) If there exists a prejudicial question;(see are not deemed waived by failing to assert them
discussion Sec. 6, Rule 111) before the accused pleads, to wit:
c) A petition for review of the resolution of the a) No offense is charged in the
prosecutor by the Department of Justice or Office information;
of the President. (The suspension on this ground b) The court trying the case has no
shall not extend beyond 60 days from the filing of jurisdiction over the offense charged;
Court to consider only matters raise in the motion Instances when the issue of double jeopardy may
to quash: arise:
The court shall consider no grounds other a) When the accused is charged with the
than those stated in the motion, except lack of same offense in two separate pending cases; or
jurisdiction over the offense charged. (Sec. 2, Rule b) When the accused is prosecuted anew
117) In resolving the motion the court cannot for the same offense after he had been convicted
consider facts contrary to those alleged in the or acquitted; or
information or which do not appear on the face
Instances when an accused may invoke double The conviction of the accused shall not be a bar to
jeopardy in a motion to quash: another prosecution for an offense which
a) When the accused had been previously necessarily includes the offense charged in the
convicted or acquitted of an offense; former complaint or information under any of the
b) When the accused had been in following:
jeopardy of being convicted; (Pp. vs. Pineda 219 1. The graver offense developed due to
SCRA 61) supervening facts arising from the same act or
c) When the case against the accused omission constituting the former charge.
had been previously dismissed or otherwise (Teehankee vs. Madayag, supra; Doctrine of
terminated without his express consent;(see supervening fact-Pp. vs. Yorac 42 SCRA 230);
Demurrer to Evidence Sec. 23, Rule 119; Sec. 17, 2. The facts constituting the graver charge
Rule 119-Discharge of an accused to be used as became known or were discovered only after a
state witness; Galvez vs. CA Oct. 24, 1994-nolle plea was entered in the former complaint or
prosequi) information; or
3. The plea of guilty to the lesser offense
Nolle prosequi, meaning of: was made without the consent of the prosecutor
It is an order of dismissal of a case before and of the offended party except as provided in
the arraignment. The dismissal is not a bar to Sec. 1f Rule 116. (Sec. 7, Rule 117)
subsequent prosecution for the same offense. The
exclusionary rule on jurisdiction of courts having Rule on Provisional Dismissal:
first taken cognizance of a case does not apply to Provisional dismissal of a case does not
cases dismissed on nolle prosequi. (Galvez vs. CA partake of the nature of an acquittal. Thus it
237 SCRA 685(1994) It is a dismissal which requires the express consent of the accused and
partakes of the nature of nonsuit in civil actions. notice to the offended party in order to obviate any
question of double jeopardy being raised. The
When shall double jeopardy attach: dismissal is therefore without prejudice to the re-
For Double jeopardy to attach, the following filing of the same case within the period specified
requisites must be present: in the rule.
1) That he was formerly charged in a valid
complaint or information; Limitations on the rule on provisional dismissal:
2) That the complaint or information was The provisional character of a dismissal is
filed in a court of competent jurisdiction; limited by the 2nd paragraph of the rule. The
3) That the accused had been arraigned limitation refers to the time when a provisional
under the said complaint or information; dismissal becomes a permanent dismissal. Thus
4) That the accused had pleaded to the for offenses punishable by an imprisonment of not
charged embodied in the complaint or exceeding six years, the order of provisional
dismissal becomes permanent one year after the
Guideline for Prosecutors in case of plea Time to set case for pre-trial:
bargaining: As a rule, the pre-trial must be held within
In the event the accused opts to avail of 30 days from the date of the arraignment of the
plea bargaining, the trial prosecutor shall move for accused. Where the accused is under preventive
the suspension of the proceedings to all him to detention, the pre-trial conference must be held
evaluate the implications of the offer. The trial within 10 days after arraignment.
prosecutor with the consent of the offended party
may motu proprio agree to the offer of the accused Effect of admissions or stipulations made during
to plead guilty to a lesser offense necessarily the pre-trial conference:
included in the offense charged if the penalty The admissions or stipulations made by
imposable for the offense charged does not exceed the parties (prosecution and accused) during the
prision correctional or a fine not exceeding pre-trial conference are considered judicial
P12,000.00. admissions. (Sec. 4, Rule 129) However, the rule
When the penalty imposable by law for provides that to bind the accused, the latter and his
the offense charged is at least prision mayor or counsel must sign the pre-trial agreement. More,
Witness, when required to post bail Read this with Accused having conflicting defenses are entitled to
Sec. 14, Rule 119) have separate trial:
When the court is satisfied, upon proof or Where it is shown that the accused have
oath, that a material witness will not testify when conflicting defenses and in the interest of justice,
required, it may, upon motion of either party, order the court may grant the accused separate trial
the witness to post bail in such sum as may be even after the prosecution has rested its case.
deemed proper. (Sec. 14, Rule 119) However, the prosecution should not be required to
adduce its evidence all over in the separate trials
Refusal to post bail, effect of: where the accused are required to present their
Should the witness refuse to post bail, the evidence.(Joseph vs. Villaluz 89 SCRA 324(1979)
court shall order his detention until he complies or
is legally discharged after his testimony has been Separate trials granted before the commencement
taken. The rule applies to both prosecution or of the trial, effect of:
defense witness.(Ibid.) When separate trial is granted by the
court prior to the commencement of the trial of
Trial of Several Accused several accused, the prosecution has the duty of
(Sec. 16 & 22 Rule 119) presenting its evidence in each of the separate
General Rule: trials of the several accused. The testimony of one
When two or more persons are jointly of the accused imputing the offense against a co-
charged with an offense, they shall be jointly tried. accused cannot be admitted in evidence against
The joint trial of the several accused charged of the the latter.
same offense is automatic. There is not need for a
court order to have the accused jointly tried. Separate trial of several accused having different
degrees of participation in the commission of the
Joint trial of an accused charged of several crime:
offenses: Where the accused had different degrees
When an accused is charged of several of participation in the commission of the crime such
offenses founded on the same facts or forming part that some are accessories, accomplices and the
of a series of offenses of similar character, the trial others principals, the accessories or accomplices
may be held jointly at the discretion of the court. or principals may be tried separately, because said
(Sec. 22, Rule 119) The joint trial being subject to accused have separate and distinct liabilities. As
the discretion of the court needs an order to the long as the commission of the offense can be
effect and upon motion of the interest party. This is established by evidence, the determination of their
what we call as consolidation of trials. The cases respective liabilities can proceed independently.
consolidated under this rule are criminal cases. (Vino vs. People Oct. 19, 1989)
This should be distinguished from Sec. 2, Rule 111
where the cases that are jointly tried or Discharge of an Accused(Particeps Criminis)
consolidated in one trial are the civil action arising (Sec. 17&18 )
from the crime and the criminal action. Preliminary Statement:
Where there are more than one accused
Separate trial, when allowed: in a single criminal case, the prosecution may
A separate trial may be ordered by the consider the discharge of one or more of the
court in its discretion upon motion of the accused accused to be utilized as a state witness. Under
or the prosecution. (Sec. 16) the present rules and existing laws and regulations,
the discharge of an accused to be used as a state
Time to move for separate trial: witness may be done even before the filing of the
information. Under the Witness Protection and
Security Program of the government, an accused
Who acts on the application for bail and appeal in Judgment rendered and promulgated not during
cases where the promulgation of judgment is done the incumbency of the judge who signed it, effect
in another province or city where the accused is of:
confined or in custody? A judgment that is rendered and
The court that promulgated the judgment promulgated not during the incumbency of the
shall have the authority to accept the notice of judge who signed it is null and void. A judgment
appeal and to approve any application for bail. that is promulgated after the judge who signed it
However, if the accused was earlier charged of a has ceased to hold office is not valid and binding.
non-bailable offense but was convicted of a able (Pp. vs. Labao 220 SCRA 100; Nazareno vs.
offense, the application for bail shall be filed and Almario, et al. G.R. No. 111610, Feb. 27, 2002) A
resolved by the appellate court. decision penned by a judge who has retired or
ceased to be a judge cannot be validly
What is the effect if the accused was tried in promulgated after such retirement. A decision
absentia because he either jumped bail or escaped penned during the incumbency of a judge cannot
from custody during the trial and the judgment is of be promulgated after his retirement.(Ibid)
conviction?
The accused shall lose the privilege to Let us illustrate:
avail of the remedies under the Rules against the Judge X of the Municipal Trial Court of Tublay
judgment, including the right to appeal; and the heard and tried the case of Y for Serious Physical
court shall order his arrest. Injuries. After the presentation of evidence the
case was submitted for decision. Judge X wrote
Effect of surrender of the accused whose judgment the decision and signed the same. The
was promulgated in absentia: promulgation of judgment was set for May 2, 2003.
The accused shall be allowed to avail of Judge X was transferred permanently to the
the remedies under the Rules provided his Municipal Trial Court of Makati City on April 10,
surrender was done within 15 days from the 2003.
promulgation of the judgment and satisfactorily 1) May the decision written and signed
explains his failure to appear during the by him be validly promulgated on
promulgation of judgment. Note the two May 2, 2003?
requirements before the accused can regain his 2) Suppose Judge X was promoted as
standing in court- surrender in court within the 15- Regional Trial Court Judge of Makati
day period from the valid promulgation of the City would the promulgation on May
decision,; AND satisfactorily explain his failure to 2, 2003 be valid?
appear on the date of the promulgation of the
judgment. A judge of a court, who leaves his court of
original assignment permanently for another court
Requisites for validity of promulgation of judgment of equal jurisdiction without having decided a case
in absentia: totally heard by him and submitted for decision,
1) The judgment be recorded in the criminal may lawfully prepare and sign his decision in said
docket; case and send the same to the clerk of court for
2) A copy of the decision shall be served filing in his former court. (Sec. 9, Rule 135)
upon the accused or counsel. Applying the said rule, the answer to the first query
In the case of Pascua vs. CA G.R. No. would be in the affirmative.
140243, Dec. 14, 2000, the Supreme Court ruled In the second query, the answer would
that the said requisites must be done be in the negative considering that Judge X was
chronologically, that is, recording of the judgment assigned to a court having a jurisdiction different
first before a copy of the decision is served upon from that of his former court. (Pp. vs. Donesa, L-
the accused or his counsel. The fact that the 24162 Jan. 31, 1973; Valentin vs. Sta. Maria L-
accused admitted having received a copy of the 30158 Jan. 17, 1974)
judgment that was later recorded does not cure the
defect. Consequently, the running of the period of May a judgment that has been rendered and
promulgated be modified?
Criminal cases falling under this procedure, how Use of the Affidavits and Counter-Affidavits:
may commenced? The affidavits and counter-affidavits
1) Cases in Metro-Manila and other submitted by the parties shall constitute the direct
chartered cities: They can only be testimonies of the complainant and the accused.
commenced by information except in The affiants may be examined in accordance with
cases that cannot be prosecuted de the rules on evidence. (Cross-examination, re-
oficio; direct examination and re-cross examination) No
2) Cases outside Metro-Manila and outside witness shall be allowed to testify unless he has
chartered cities: They may be earlier submitted his affidavit except on rebuttal.
commenced by complaint or information.
The complaint or information must be Failure of affiant to testify:
accompanied by the affidavit of the complainant The affidavit executed by the said affiant
and that of his witnesses in such number of copies shall have no evidentiary value for the party
as there are accused plus two (2) copies for the presenting the affidavit. However, the adverse
court’s files. The requirement must be complied party may utilize the same for any admissible
within five (5) days from the date of filing of the purpose.
complaint or information.