MIDTERMS Flashcards
1
Q
Sec. 1 of Article III of 1987 Constitution
A
No person shall be deprived of life, liberty, or property without due process of law, nor shall any
person be denied the equal protection of the laws.
2
Q
2 Types of Due Process:
A
Substantive & Procedural/Judicial
3
Q
SUBSTANTIVE DP
A
requires that the law is intrinsically valid before interfering with the rights of the
person to his life liberty or property. Usually, it applies to the Congress
4
Q
PROCEDURAL DP
A
The right to be given the opportunity to be heard. It is not the right to be heard.
5
Q
where does the SC gets it rule-making power?
A
Constitution Sec. 5(5) Art VIII of the 1987 Constitution:
“(5) Promulgate rules concerning the protection and enforcement of constitutional rights,pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.”
6
Q
twin requirements:
A
notice and hearing; not all cases need a trial type hearing and there
is no denial of due process if what is only required is the submission of papers.
7
Q
if the penalty imposed is imprisonment exceeding 6 years,
A
RTC
8
Q
Jurisdiction is conferred:
A
by the Constitution
9
Q
Jurisdiction is determined:
A
by allegations
10
Q
Can we transfer the venue of the trial?
A
YES. , the venue of the trial may be transferred subject to the approval of the SC…..witnesses will be endangered or if there is a risk in the administration of justice
11
Q
Committed in a moving vehicle or vessels in the course of its voyage
A
One can institute the action in the place of departure or arrival or where the
moving vehicle passed.
12
Q
WRITTEN DEFAMATION
A
xpn sa venue and juris
printed –> u can file
private person offender—> place where they live
13
Q
How jurisdiction is acquired over the person of the accused?
A
- VALID ARREST
2 VOLUNTARY SURRENDER
14
Q
Original jurisdiction
A
You first or initially filed the case with this court, not decided yet
by any court.
15
Q
Appellate jurisdiction -
A
the power to review the case, to modify, reverse or annul the
decision.
16
Q
Exclusive jurisdiction -
A
only cognizable by one court.
17
Q
Concurrent jurisdiction
A
case cognizable by more than 1 court. (e.g. habeas corpus, petition
for certiorari, mandamus, prohibition, quo warranto) RTC, CA, SC
18
Q
Doctrine of primary jurisdiction
A
Courts will not determine a controversy which requires
technical specialty, expertise, knowledge, or specialized skill of a proper administrative body
especially when questions of facts are involved.
19
Q
Doctrine of exhaustion of administrative remedies
A
administrative decision
should be appealed with the administrative superior until the highest level before elevating it with the Court.
20
Q
Preliminary Investigation
A
It is only to determine probable cause, whether a crime has been committed or not and
the respondent should be held for trial.
21
Q
Preliminary Examination
A
Examination by the judge thereafter they can already issue warrant of arrest
22
Q
WHO MAY PROSECUTE CRIMINAL ACTIONS?
A
Section 5. Who must prosecute criminal action. - All criminal actions either commenced by
complaint or by information shall be prosecuted under the direction and control of a public prosecutor
23
Q
PRIVATE CRIME
A
Private offense which cannot be prosecuted except upon a complaint filed by the
aggrieved party and those persons specifically stated by the Rules.
24
Q
crimes of adultery and concubinage
A
offended spouse- implied or express pardon
25
offenses of seduction, abduction and acts of lasciviousness
offended party or her parents, grandparents or
guardian, (IF THEY ALL DIE , STATE) --> express pardon
26
Defamation can be a private crime
Defamation is not a private crime if the defamatory acts/statements are not about private crimes.
27
Generic thing & unidentifiable
an error in the designation of the offended party is FATAL and this would result in the acquittal of the accused
28
Specific & identifiable
an error in the designation of the offended party is NOT MATERIAL and will not violate the constitutional right of the accused
29
IF THE INFORMATION IS NOT SUFFICIENT
IN FORM
Remedy: Motion for Bill of Particulars (Rule
116, Sec. 9)
30
IF THE INFORMATION IS NOT SUFFICIENT
IN SUBSTANCE
Remedy: Motion to Quash
31
Complex Crimes
when an offense is a necessary means for committing the other
(estafa through falsification of public documents.)
32
Compound Crimes
a single act constitutes 2 or more grave or less grave felonies
(single bullet killed 2 persons)
33
Special Complex Crimes
where the law provides a single penalty for 2 or more
felonies committed (Rape with homicide, robbery with homicide)
34
Continuous Crime/ Continued crime / delito continuado
a single crime consisting of
a series of acts arising from a single criminal resolution or intent not susceptible of
division (death of 13 cows belonging to different persons at the same period of time)
35
Reference point in criminal cases:
Arraignment and Plea
Meaning there are many issues that you cannot raise after the arraignment and plea.... .
36
If the issue is raised after the arraignment or plea,
it is already considered waived, hindi na pwede i-raise except issues on jurisdiction, over the subject matter, and etc
37
Filing Fees in Criminal Action
GR:Depende kung magkanong civil damages na hinihingi mo yun ang filing fees.
XPN: Actual damages
xpn2xpn: BP 22 cases, amount in check
38
Acquittal based on reasonable doubt
- The only quantum of evidence that could overturn that presumption of innocence is proof beyond reasonable doubt.
- Civil liability ex delicto may or may not be extinguished because it may happen
that the prosecution did not reach the quantum evidence required.
39
Acquittal beyond reasonable doubt
-Walang kadudang duda na acquitted siya. Hindi niya ginawa yung crime. Wala siyang kasalanan.
- Civil liability ex delicto is also extinguished
40
Section 2. When separate civil action is suspended.
If you file the civil action ex delicto
before the criminal action, the civil action could either be consolidated or suspended until the
time where there is a decision for the criminal action
41
If you file first the criminal action
you cannot file the civil action ex delicto because you need to wait for the final judgment in the criminal action before you can file the civil
action ex delicto.
42
Section 3. When civil action may proceeded independently.
In the cases provided for in
Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines, the independent civil action
may be brought by the offended party. It shall proceed independently of the criminal action
and shall require only a preponderance of evidence.
43
DOUBLE RECOVERY RULE
It means that in no case may the offended party recover damages twice for the same
act or omission charged in the criminal action.
44
civil liability in death b4 arraignment:
extinguished lahat
45
civil liability in death AFTER arraignment:
Independent civil action, survives
46
Section 7. Elements of prejudicial question.
(a)the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action, and
(b) the resolution of such issue determines
whether or not the criminal action may proceed
47
Probable Cause
are those facts and circumstances to engender a sufficient ground to believe
that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial
48
Where will you file your case for the purpose of preliminary investigation?
Prosecutor’s office, Ombudsman(Sandiganbayan)
For Crimes committed outside of Metro Manila, it is still in the office of the prosecutor.
You can only file it directly with the Municipal Trial Court Judge if it does not need preliminary
investigation.
49
PI:May it be waived?
yes but it has to be BEFORE PLEA AND ARRAIGNMENT
50
Inquest proceeding
to determine if the warrantless arrest is valid.
51
Arrest; how made.
An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subject to a greater restraint than is necessary for his detention.
52
Why does it have to be the nearest police station?
because in order to avoid the violation
in Article 125 of the RPC(12 hours, 18 hours, or 36 hours), to protect the arresting officer.
53
In Flagrante delicto
the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
54
Hot pursuit
When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances
55
Actual knowledge
means you really saw the act being committed
56
personal knowledge
means that if you piece the information together it makes sense that the act
mentioned was committed.
57
Time of making arrest.
any day and at any time of
the day or night
58
Section 3. Duty of arresting officer. —
It shall be the duty of the officer executing the warrant
to arrest the accused and to deliver him to the nearest police station or jail without unnecessary
delay.
59
When may a warrant of arrest be issued?
After the preliminary examination, within 10 days after filing of the information.
10 days found in Sec. 4 is the deadline for the arresting
officer to execute the warrant of arrest, if not then those are the days that he should file the
report from the issuance of warrant of arrest as to why he hasn’t served it yet or why it hasn’t
taken effect yet
60
validity of warrant of arrest
is until served
61
Lifespan of search warrant
10 days only validity, if not yet served then you can file application
for alias search warrant.
62
an invalid arrest claim should be made?
b4 plea and arraignment
63
During the arrest, do you have to have the warrant of arrest within reach in order for
the arrest to be valid?
No, for a warrant of arrest.
However for search warrants, you have to have it every time you
conduct the said search
64
Custodial investigation
Invitation when the cops zero in on the suspect already.
65
Section 1. Bail defined.
Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.
66
Twin requirements should be present (Not bailable)
a. If the penalty for the crime charged is capital offense or penalty imposed is
imprisonment of reclusion perpetua or life imprisonment;
b. Existence or evidence of guilt is strong.
67
Section 6. Capital offense defined.
A capital offense is an offense which, under the law Existing at the time of its commission and of the application for admission to bail, may be
punished with death. (6a)
68
Destierro
means banishment or only a prohibition from residing within the radius of 25
kilometers from the actual residence of the accused for a specified length of time. This is
common in the cases of concubine or death under special circumstances where the spouse kills his or her spouse while that spouse is having carnal knowledge with another.
69
When can you increase the bail?
during the bail hearing, the existence of guilt is not strong therefore, bail was granted but during the course of trial, the Court began to see that the evidence presented
by the prosecution makes the guilt stronger. Therefore, in this situation the judge can increase
the bail at any subsequent stages of the proceedings and whenever the strong showing of guilt
appears.
70
FORFEITURE OF BAIL
The bail money cannot be returned
71
CANCELLATION OF BAIL
The bail money may be returned
72
2 Types of Cancellation of Bail
1. Via application of bondsman with due notice to the prosecutor - when the accused
surrenders or the accused dies.
2. Automatic cancellation - upon dismissal of the case of termination of the case or when
the accused is acquitted or when the accused is already convicted.
73
Section 19. Release on bail.
The accused must be discharged upon approval of the bail by
the judge with whom it was filed in accordance with section 17 of this Rule.
74
The Court instructed the bondsman to bring this person before the Court but the
bondsman failed because the accused jumped bail. What will happen?
Mr. Bondsmand within 30 days can arrest the accused because it was his money used or
paid for the accused, he must be able to present the accused before the court with valid reason
why he was not able to present the accused.
75
When is the judgment final?
If he starts serving his sentence, waives his right to appeal and when the period to appeal
expires.
76
What is the meaning of proof beyond reasonable doubt?
Proof beyond reasonable double does not necessarily mean absolute certainty which
excludes the possibility of error, only moral certainty is required.
77
Who has the burden of proof in criminal cases and why?
The burden of proof is on the prosecution because of the constitutional presumption of innocence of the accused except if the accused raises an exculpatory defense
78
Burden of evidence
is the obligation to present evidence and it shifts from the prosecutor
to the accused
79
Burden of proof
is the obligation to prove facts and it does not shift from the
beginning until the end, because the accused enjoys the constitutional presumption of
innocence.
80
Equipoise rule
means that when the scales of evidence is evenly balanced it tilts in favor of
the accused.
81
In dubio pro reo
means that when there are 2 interpretations of the laws, the law that is more lenient or more favorable to the accused should be applied.
82
What particular stage of the proceedings is the accused first informed of the
accusation against him?
During preliminary investigation, once the accused received the subpoena.
83
How many elements are there in the complaint or information?
1) Formal elements, and
2) substantial elements.
84
What is the remedy if the information is defective in form?
1) Amendment, or
2) Substitution, or
3) Motion for Bill of Particulars.
85
What is the remedy if the information is defective in substance (duplicity of
offenses)?
Motion to Quash
86
How many rights are there in Rule 115, Sec. 1, par. C?
1) Right to be present at every stage of the proceedings;
2) Right to defend oneself; and
3) Right to be defended by a counsel.
87
inquest proceedings or custodial investigation the accused was interrogated or investigated during custodial investigation without the presence of a lawyer.
INEFFECTIVE or NULL
and VOID
88
What if the accused jumped bail after arraignment
will the trial proceeds?
If after arraignment, the trial will still continue even if the accused is absent and so the trial will be in absentia but if the accused is not present during arraignment the trial will not continue.
89
What is the meaning of confront?
Confront is to be able to cross-examine.
90
Subpoena ad testificandum
a court order that compels a person to appear and give oral
testimony for use at a hearing or trial.
91
Subpoena decus tecum
a subpoena that commands the production of specified evidence in
a person's possession.
92
May a lawyer enter a plea for the accused?
NO, because the Rules of Court explicitly requires that the accused
must be present at the arraignment and must personally enter his plea
93
Improvident plea?
Improvident plea is an unintelligent plea. Meaning the accused does not know the
consequences of his acts.
If this happens, the Court will enter a plea of not guilty.
94
When is the schedule of arraignment and plea?
When the accused is under detention, he shall be arraigned within ten (10) calendar
days from the date of the raffle (Rule 116, Sec. 1(e)).
If the accused is not under detention, the arraignment shall be held within thirty (30)
calendar days from the date the court acquires jurisdiction over the person of the accused
(Rule 116, Sec. 1(g)).
95
Can a person who pleaded guilty to the offense still be acquitted?
YES, it doesn’t necessarily follow that when he pleaded guilty he is already convicted.So the totality of pieces of
evidence should determine whether the accused is really guilty, convicted or acquitted.
96
IF THE SOLE BASIS OF CONVICTION is an IMPROVIDENT PLEA and it reached the
supreme court (
the SC
will not render judgment but it will remand the case for further proceedings.
97
IF THE BASIS OF CONVICTION is NOT ONLY THE IMPROVIDENT PLEA
though there was an improvident plea but there are other pieces of evidence to point out the culpability of the accused = the SC will render judgment. Based on jurisprudence.
98
Is motion to quash synonymous with motion to dismiss?
NO, to quash is to vacate or to overthrow but not necessarily to dismiss.
99
CHARA. OF MOTION TO QUASH : Summary procedure
It is not allowed, it is a prohibited pleading in summary procedure except if the grounds are:
a) Lack of jurisdiction over the subject matter; and
b) Failure to comply with barangay conciliation proceedings.
100
Fundamental test in determining the sufficiency of material averments
WON the facts alleged in the complaint or information which if hypothetically admitted
would establish the essential elements of the crime defined by law and the participation of the
accused.
101
IF THE MOTION TO QUASH FILED BY THE ACCUSED IS DENIED:
the remedy of the accused is for him to go to trial and on appeal raise it as one of the
assignment of errors. But before that, if you don’t want to undergo trial then file a certiorari
(grave abuse of discretion).
102
IF THE MOTION TO QUASH WAS GRANTED/ SUSTAINED:
If the motion to quash was granted/sustained and there is an
order to file a new information or complaint or to amend the information or complaint, the
accused will not be released if the release is under commitment order or committed to prison
except if the accused is on out of bail.
103
Evidence Aliunde
are those pieces of evidence outside or those which are extrinsic
matters to the information or outside the information, these are not considered for the quashal of
the information because the general rule is the defect can be cured by an amendment.
104
GENERAL RULE: matters which are extrinsic to the information should not be considered.
EXCEPT: if the grounds are extinction of criminal liability and double jeopardy.
105
Double jeopardy -
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. It is the punishment of the same offense but not of the same act or
omission.
106
If you were previously filed with a case on estafa and you were acquitted, can
the same file BP 22 against you? Will double jeopardy set in?
Yes, a BP 22 case can be filed against you. No, double jeopardy will not set in since
estafa and BP 22 have different elements. Estafa is under Revised Penal Code, BP 22 is
a special law.
107
When will double jeopardy not apply despite prior conviction?
(a) the graver offense developed 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; or
(c) the plea of guilty to the lesser offense was made without the consent of the prosecutor or the
offended party and of the offended party except as provided in section 1 (f) of Rule 116. - except after due notice, a plea to lesser offense even if the prosecutor does it, despite notice the offended party did not attend. Despite conviction, it will not equate
to double jeopardy.
108
Plea bargaining -
After pleading guilty or not guilty, the Judge asks the prosecutor and
the counsel for the accused, are you willing to enter into a plea bargaining agreement? If
the accused says No then proceed to pre-trial.
109
What happens if the parties will not be able to attend the pre-trial or a party is
absent?
The Judge will penalize the absent party. In criminal procedure, the Court will proceed with
the pre-trial, despite the absence of the accused or private complainant provided that they were
duly notified and the counsel for the accused and prosecutor are present
110
What happens in a pre-trial?
1. plea barg
2. stipulation of facts
3.Marking for identification of evidence of the parties
4. waiver of objections to admissibility of evidence;
5. modification of the order of trial if the accused admits the charge but interposes a
lawful defense; and
6. such other matters as will promote a fair and expeditious trial of the criminal and
civil aspects of the case.
111
