Rem Criminal Procedure R110 - R127

Question 1

Crim Pro
R 110

How is criminal action initiated?

Answer 1

A. For offenses Requiring Preliminary investigation - these are with penalty of AT LEAST 421 four years, 2 months, & 1 day
B. For all other offenses - where penalty is BELOW 421

A - by filing a criminal complaint with the Office of the Prosecutor (421)

B 01 - (<421) by filing the complaint with the Office of the prosecutor IF its in MM or Chartered cities OR
B 02 - (<421) by filing the complaint DIRECTLY with the MTC & MCTC

Question 2

Crim Pro
R 110

Complaint vs Information
Who signs
Where filed

Both must state - FNA, DoO, AO, qaC, PDoC,& FNOP

Answer 2

Complaint is a WS written statement Under oath CHARGING a Person with an offense
Information is also WS charging a person with an offense

SIGNATORY & Place of Filing:
Complaint is signed by a) Offended party or his Rep OR b) a Law enforcement officer (Filed with Office of PROSECUTOR)
Information is signed by the Prosecutor and (Filed with the COURT)

Must state - full name of accused, designation of offense, acts or omissions constituting the offense, qualifying & aggravating circumstances, place & date of the commission of the crime, & full name of the offended party

Question 3

Crim Pro
R 110

What is the One Information, One Offense Rule?

What is the rule on Amendment or Substitution in the Complaint/Information?

NB:
In any case, it’s essential for the court to ensure that the accused’s rights are protected, including the right to a fair trial, the right to know the charges against them, and the right to present a defense.

Answer 3

C/I must charge ONLY 1 offense, (except in complex crimes or compound crimes).
Duplicity of offense in the C/I is a ground for a motion to Quash ( Rt 2b informed & du process) but it can be waived if not raised on time.

Amendment or Substitution of C/I:
A.
Before arraignment:
In Form or Substance - can be Amended WITHOUT Leave of court
If the amendment Downgrades the offense charged or excludes an accused from the charge, this type of change can be done by MOTION of Prosecutor WiTH Leave of court

B.
After Arraignment & During the Trial:
Change can only be in Form - it must have LEAVE OF COURT & No prejudice to the rights of the Accused

C.
Before Judgment:
Mistake in charging the Proper Offense = Court shall DISMISS the original charge upon filing of the Proper once EXCEPT IF accused will be placed in double jeopardy

Question 4

Crim Pro
R 110

Who must Prosecute the Complaint or Information?

Who must prosecute & How:
A. A&C - Adultery & Concubinage
B. SAAL - Seduction, Abduction, Acts of Lasciviousness
C. Defamation imputing SAAL
D. Violation of Special laws

Answer 4

All criminal actions (C or I) must be prosecuted UNDER the DIRECTION & CONTROL of the Prosecutor

A. A&C
By COMPLAINT of the offended spouse
Against both offenders
Barred by offended party’s consent or pardon

B. SAAL
By COMPLAINT of offended party (EVEN A MINOR, or her parents/grandparents or guardian or the State)
Barred by EXPRESS PARDON by offended party or her parents/grandparent

C. Defamation
By COMPLAINT of offended party

D. Violation of special laws
As provided therein

Question 5

Crim Pro - Prosecution of Civil action (prosecution of Crime)
R 111

When is the Civil action aspect instituted in the Criminal action? WRB

Answer 5

A.
For Criminal action
Civil action is instituted ONCE the Criminal action is Filed

B.
For Civil action EX DELICTO (eg. a civil action arising from Tort= negligence)
The civil action aspect is DEEMED INSTITUTED with the criminal action EXCEPT for 3 instances WRP: a) Offended party WAIVES the civil; b) offended party RESERVES the right to file it SEPARATELY BEFORE the Presentation of evidence; OR c) offended party Files it BEFORE the Criminal action.

C.
For Independent Civil Action (Defamation, Physical injuries, A&C, Violation if privacy)
It may be Filed ANY TIME by the offended party
It Shall PROCEED INDEPENDENTLY of the CRIMINAL ACTION

Question 6

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

What is the rule for the violation of BP 22 - bouncing checks law

Answer 6

Civil action is ALWAYS INCLUDED in the criminal action
No reservation is allowed

Question 7

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

What is the rule if the Accused has counterclaim, crossclaim or 3P complaint?

Answer 7

Any such claim may be Filed as a SEPARATE CIVIL ACTION

Question 8

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

Timing:
State the rule if the CRIMINAL ACTION is filed;
A. Before the civil action
B. After the civil action

Answer 8

A. Tort cannot be filed separately Until Final judgment in the criminal action

B. Civil action (filed ahead of Criminal) is SUSPENDED at any time BEFORE judgment until there is FINAL Judgment in the Criminal action.
But offended party may Move for the CONSOLIDATION of the civil & criminal action.

Question 9

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

What happens to the civil action EX DELICTO (Torts/negligence) if there is an Extinction of the Criminal action? GR EXC

Answer 9

Civil action EX Delicto is NOT EXTINGUISHED.
Except upon finding in a final judgment in the criminal action that the act or omission from which the Civil Liability may arise did NOT exist. In this case, its extinguished.

Question 10

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

What are the rules when the accused dies?

Answer 10

1)
Death of accused Erases criminal liability AS TO Personal Penalties

If death happened AFTER Arraignment & BEFORE Final Judgment, civil liability arising from the offense is ERASED

The civil liability may be filed AGAINST the Estate of the Accused.

Question 11

Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111

What is Prejudicial Question?
A. Definition
B. Elements
C. Requisites

Answer 11

It is a question that must be settled before the main issue can be decided.

The purpose of addressing a prejudicial question is to avoid inconsistent judgments.

Suppose a person is charged with estafa (fraud) for issuing a bouncing check. In the criminal case, the accused claims that the check was issued in payment for a valid debt. However, the complainant argues that there was no existing debt, and the issuance of the bouncing check constitutes fraud.

Question 12

Crim Pro - Preliminary Investigation (for offenses punishable at least by 421 prison)
R 112

A. Definition
B. Authorized officers
C. Procedure
D. Issuance of Warrant of Arrest
E. Cases not requiring Preliminary investigation

An Inquiry 2D won SG 2prodc WFB

Answer 12

A.
PI is an inquiry to determine whether there is SUFFICIENT GROUND to produce a WELL FOUNDED BELIEF that a) crime has been committed & b) respondent is PROBABLY GUILTY so should be HELD for Trial.

B.
1. Provincial Prosecutors/City Prosecutors and their assistants
2. National State Prosecutor/Regional State Prosecutor
3. Other officers authorized by law

C.
1st - Complainant ( private individual/law enforcement officer ) files Affidavit of Complaint with office of prosecutor
2nd - 10 days from filing of complaint, the assigned Investigating Prosecutor after Review, must either A) Dismiss it or B) Issue a Subpoena to respondent & witnesses so they can give their statement
3rd - 10 days from receipt of Subpoena, respondent shall submit a counter-affidavit in response to the allegations. No motion to dismiss is allowed.
4th - 10 days from receipt of Counter-affidavits, Hearing may be set if there are facts to be clarified.
5th - 10 days after completion of INVESTIGATION: 1) Consolidation of affidavits; &2) Determination of Probable Cause, Investigation Prosecutor ISSUES A RESOLUTION - A) to hold the respondent for Trial or B) to dismiss the complaint.
If its A) - prosecutor will prepare the Information.
6th - Investigating prosecutor will forward the records to the a) Provincial Prosecutor; b) City Prosecutor; c) Chief State Prosecutor; d) Ombudsman FOR APPROVAL

D.

E.
1. Inquest cases - when a person is Arrested WITHOUT Warrant, instead of PI, an INQUEST will be conducted instead
Scenario A - Before Information is Filed = accused may ask for PI BUT he must SIGN a WAIVER under Art. 125 of RPC or Crime of Delay in delivery of detainee (due to the 12-18-36-hrs limit of detention)
Scenario B - After filing of information = but WITHIN 5 days from knowledge of the filing of information, accused may ask for PI

2. Cases with imprisonment Penalty of LESS than 421:

Question 13

Crim Pro - Arrest
R 113

A. Definition
B. Duty and Rights of Arresting Officer
C. When executed
D. Method of Arrest

LegalProcess of T a p in Custody

Answer 13

A.
The legal process of Taking a person into Custody (actual restraint or his submission) for the purposes of a) taking him to court so he can answer the charges and/or b) to prevent him from committing further offenses.

B.
1. To arrest the accused &
2. To deliver him to the Nearest police station or jail WITHOUT delay.
12-18-36 hrs Limit under Art.125 shall EXCLUDE No office days
3. Use only necessary Force
4. Arresting officer has the right to break in & out of a building where the person to be arrested is believed to be AFTER ANNOUNCING his authority & purpose.

C.
Within 10 days from receipt by the Law Enforcer. Still valid for arrest even expired.
Within 10 days from its expiry, the law enforcer must report to the court which issued the warrant.

D.
Inform subject of his Authority and Cause of Arrest
EXCEPT if subject escapes, or giving such info compromise the arrest, or subject is committing an offense or resisting arrest

Question 14

Crim Pro - Arrest
R 113

State the rule for these LAWFUL WarrantLESS Arrests
1. In flagrante delicto
2. In hot pursuit
3. of an Escaped convict or detainee

Answer 14

1.
a) person to be arrested must execute an overt act indicating that he just committed, actually committing, or attempting to commit a crime AND
b) such overt act is done in the PRESENCE or VIEW of arresting officer

2.
a) at time of arrest, offense has just been committed AND
b) arresting officer had PK Personal Knowledge that the accused committed it.

3.
the person to be arrested is a prisoner who has escaped

Question 15

Crim Pro - Bail
R 114

Define Bail

What are the CONDITIONS for Bail?

Answer 15

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 under the CONDITIONS specified.

Conditions
1. undertaking shall be effective upon approval UNTIL promulgation of Judgment
2. accused shall appear before the court as required
3. failure of accused to appear with just cause is a waiver of his rights so trial can proceed IN ABSENTIA
4. bondsman shall surrender the accused to the court for the final judgment

Question 16

Crim Pro - Bail
R 114

What are the forms of Bail (4)? Define

Answer 16

1. Corporate surety bond
2. Property bond
3. Cash bond
4. Recognizance

Question 17

Crim Pro - Bail
R 114

State the rule when BAil is available (Provide bail to accused)

Notes:
1. Right to bail shall not be impaired EVEN when writ of habeas corpus is suspended.
2. Excessive bail is Prohibited.

Answer 17

A. When bail is a matter of right - Mandatory
1. Before or After Conviction by Any FIRST LEVEL COURT
2. Before Conviction by RTC of an offense NOT PUNISHABLE by death, RP of Li

B. When bail is not a matter of right - Discretionary
1. upon conviction by RTC of an offense NOT PUNISHABLE by D, RP or Li

2.
NOTE: upon conviction by RTC imposing imprisonment of >6years, bail shall be DENIED or CANCELLED iF accused is a
a) recidivist, quasi-R, HD, or committed a crime aggravated by Reiteration
b) escaped from legal confinement, evaded sentence, violated bail conditions or
c) committed offense while under probation, parole or conditional pardon or
d) flight risk or theres a risk that he may commit another crime

3.
NOTE: No person charged with a capital offense, or an offense punishable by RP or Li shall be admitted to bail IF & WHEN:
Evidence of guilt is strong.

Question 18

Crim Pro - Bail
R 114

What is the policy of “tough on bail pending appeal”?

Who has the burden of proof in bail applications?

State the guidelines in fixing Amount of bail.

Answer 18

Pursuant to this policy, the presence of BAIL-NEGATING conditions require the denial or revocation of bail PENDING APPEAL.
Allowance of bail pending appeal should be exercise with Grave Caution & ONLY for Strong reasons, considering that the accused has been in fact already convicted.

The PROSECUTION has the burden of showing that the evidence of guilt is strong.
Hearing is Mandatory before bail can be granted to an accused with an offense punishable by RP or Li to check if the evidence of guilt is strong.

Guidelines:
1. financial ability of accused
2. character of accused
3. age & health of accused
4. nature of offense
5. penalty of offense

Question 19

Crim Pro - Bail
R 114

Where do one post the bail?

What is the rule when increasing or reducing bail?

Answer 19

1. Court where the case is PENDING
   If judge is unavailable, post bail with any RTC in same province or city
   In the absence of RTC above, post bail with any 1st level courts in same province
   In the RTC where the accused was arrested ( if different from where case is pending)
   Note that if bail is discretionary, Post Bail ONLY in the court where its Pending

After accused is admitted to bail, court may for good cause either INCREASE OR REDUCE its amount.

Question 20

Crim Pro - Bail
R 114

What is the rule on the forfeiture of bail against the Bondsman?

Answer 20

If accused FAILED TO APPEAR when required, court shall issue an order against the bondsman:
1. Forfeiting the bond &
2. Ordering that accused be brought to court and show cause why judgment should not be rendered against him

Question 21

Crim Pro - Bail
R 114

Cancellation of Bail - state the rule.

Answer 21

Bail may be cancelled on motion of the bondsman, with notice to prosecutor upon Death of accused.

Bail shall be automatically cancelled upon
a) acquittal of accused
b) dismissal of the case
c) execution of judgment of conviction

Question 22

Crim Pro - Bail
R 114

What is the rule when arresting the accused who is out on Bail?

Answer 22

Accused out on bail may be RE-ARRESTED Without Warrant if he attempts to leave the Philippines WITHOUT permission from the court

Question 23

Crim Pro - Bail
R 114

When is bail not allowed - stage of proceedings?

Can accused still be released temporarily?

What is the rule on the supervision of detainees?

Answer 23

No bail shall be allowed AFTER A JUDGMENT of CONVICTION has become FINAL
Exception: if before finality, there was an application for PROBATION, he may be granted temporary liberty under his bail.

No bail shall be allowed AFTER accused has COMMENCED service of sentence nor can he be released on recognizance.

Accused may be released on recognizance to a responsible member of the community IF he is incapable of filing for Bail.

Court shall exercise supervision of all persons in custody to reduce unnecessary detention.
Executive Judges of RTC shall conduct monthly jail inspections and submit a report.

Question 24

Crim Pro - Bail
R 114

Can the accused raise objections to his illegal arrest if he made an application for bail? Rule?

Answer 24

An application for bail ( or an admission to bail) WILL NOT BAR the accused to question

a) the validity of his arrest
b) legality of the warrant for this arrest
c) absence or regularity of his preliminary investigation

PROVIDED he raises these BEFORE Arraignment, otherwise its waived.

Question 25

Crim Pro - Rights of accused R 115 What are the rights of the accused in criminal prosecution? (9)

Answer 25

In all criminal prosecutions, the accused shall be entitled to the following rights: 1. accused is presumed innocent until proven beyond RD 2. to be informed of nature & cause of the offense charged 3. to be able to raise his defense assisted by counsel from arraignment to promulgation of judgment 4. to testify as witness on his behalf (subject to cross examination) 5. to be exempt as witness against himself 6. to cross-examine witnesses against him 7 . to have compulsory process for attendance of witness & production of evidence 8. to have speedy, impartial & public trial 9. to appeal as prescribed by law

Question 26

Crim Pro - Arraignment and Plea R 116 A. Definition B. Procedure C. Where D. How is arraignment done?

Answer 26

A. Arraignment is a formal court proceeding during which an accused person is brought before a court to be informed of and answer the criminal charges filed against him (to which he enters a plea of guilty or not guilty). B. C. Before the court where the complaint/information is filed D. In open court, accused is given a copy of complaint/information, read to him in a dialect know to him and asked whether or not he pleads guilty to the charges.

Question 27

Crim Pro - Arraignment and Plea R 116 How to make a plea? 5 Note: Plea bargaining is a rule of procedure constitutionally vested to the Supreme court to promulgate rules. Laws contrary to this provision is unconstitutional.

Answer 27

Personally in open court a) if he refuses to enter a plea or makes a conditional plea = plea of not guilty is entered for him b) if he pleads guilty but with exculpatory evidence -= plea of not guilty c) if he plead guilty to a lesser offense included in the offense charged WITH CONSENT of offended party & prosecutor = no amendment required d) if he plead guilty to a non-capital offense = court may still hold hearing to determine penalty e) before judgment of conviction becomes final = court may allow withdrawal of a plea of guilty WHEN ACCUSED DID NOT HAVE FULL UNDERSTANDING OF HIS PLEA, change it to plea of not guilty

Question 28

Crim Pro - Arraignment and Plea R 116 When is arraignment commenced?

Answer 28

If accused is Detainee - arraignment within 10 days from RECEIPT of a Case. Then PreTrial commence within 10 days from arraignment If accused is non-detainee, arraignment within 30 days from Receipt of the case PreTrial shall be conducted within 10 days from arraignment

Question 29

Crim Pro - Arraignment and Plea R 116 What is the duty of the court in arraignment?

Answer 29

Court to inform accused of Right to counsel of his choice. If accused can not afford counsel, ask the accused if he wants a counsel de officio. If he wants , court will appoint one member of the bar. If no member is available, court may appoint any resident of the province of good reputation

Question 30

Crim Pro - Arraignment and Plea R 116 What is a plea bargain? state the rule

Answer 30

PB is a procedural rule. It requires mutual agreement between parties subject to approval of court. Acceptance of an offer to plead guilty for a lesser offense is subject to discretion of the Court. The law prohibiting plea bargain is void and unconstitutional because legislature encroached on SCs rule making power.

Question 31

Crim Pro - Arraignment and Plea R 116 What are the available Interim remedies of the accused?

Answer 31

1. Bill of particulars - accused may move for BOP BEFORE arraignment so he can prepare for trial, specify defects of complaint and ask for details. 2. Motion for Inspection of Evidence, Motion for Production of Evidence in the possession of Prosecution to prevent surprise or alteration

Question 32

Crim Pro - Arraignment and Plea R 116 What is the rule on Suspension of Arraignment?

Answer 32

Upon Motion of a party, arraignment may be suspended for a) if accused is of unsound mental condition, court may order his examination and confinement b) if there is a Prejudicial question c) if the Resolution of the Prosecutor is Under a petition for Review ( at DOJ or Office of Pres) but suspension is only for 60 days. After this period, court must arraign accused.

Question 33

Crim Pro - Motion to Quash R 117 A. When to file M2Q B. Form and contents of M2Q C. What are the grounds? (9) VPLID

Answer 33

File M2Q BEFORE entering plea This motion must be Written, Signed by accused or counsel, Stating factual and legal grounds. 1. Facts allege do Not Constitute an Offense ( WON elements of crime are present in the facts) 2. Court has No J over the Offense charged 3. Court has no J over the Person of accused 4. Officer who filed the information had No authority 5. More than one offense is charged Exc if its a Complex crime or Compound crime 6. Accused had been previously convicted or acquitted of the offense charged

Question 34

Crim Pro - Motion to Quash R 117 What is the rule when there is an alleged defect on the complaint/information?

Answer 34

Court shall Order an Amendment (ef if it lacks element of crime)

Question 35

Crim Pro - Motion to Quash R 117 What is the effect if there is Quashal?

Answer 35

Court may ORDER a New Complaint or Information to be Filed Exc if order of quashal is based on DJ or extinction of criminal action or liability If court does not order filing of a new C/i, accused shall be released

Question 36

Crim Pro - Motion to Quash R 117 What is the effect if there is a Failure to Move to Quash?

Answer 36

If accused failed to move for Quashal before the arraignment, That failure is a WAIVER of the available grounds he did not use for cancelling the c/i Except for grounds #1, #2, extinction, or if DJ

Question 37

Crim Pro - Motion to Quash R 117 When is there a Double Jeopardy? (4 reqs) What is the effect of DJ? GR & Exceptions

Answer 37

a) accused has been C, A or Case was dismissed or terminated w/o his express consent b) by court of competent J c) upon a valid C/i d) After arraignment DJ is a bar to another prosecution for the SAME Offense Exc - if supervening facts lead to graver offense or if the plea of G was made without Consent of prosecution

Question 38

Crim Pro - Motion to Quash R 117 What are the requisites for Provisional dismissal (4)?

Answer 38

1. prosecution or accused, or jointly both, MOVE for Prov Dismissal 2. notice to victim 3. court grants the motion & dismiss the case provisionally 4. pubic prosecutor is served with order of PD

Question 39

Crim Pro - Pre Trial R 118 Pre Trial under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to 1. Applicability 2. Nature 3. When - A) 30 d fr J over Acc while in B) 10 d from receipts if Detainee, 30 d if not Detainee 4. Matters to be taken up 5. Pre Trial-Agreements / Stipulations 6. Non-appearance (absence of parties) 7. Marking of evidence 8. Pretrial Order

Answer 39

A. applies to ALL criminal cases in court B. applies to NEWLY-FILED criminal cases, First and Second Level Courts, Sandiganbayan, and CTA Mandatory on both PT is a procedural device to limit the basic issues between the parties for the purposes of EXPEDITING THE CASE without surprises. Matters include 1. Plea bargaining 2. Stipulation of Facts 3. Marking for ID of Evidence 4. Waiver of Objections to Evid - party gives up right to challenge evid 5. Matters to promote Fair and Speedy trial

Question 40

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous Trial of Criminal cases As to: 1. Time to prepare for Trial / (same)

Answer 40

Preparation for Trial: A. After plea of NG, accused have 15 days to prepare for trial Trial commence within 30 days from RECEIPT of PT order. B. Trial shall be within 30 days from 'END of PT'

Question 41

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 2. Rule: Continuous trial until terminated : Postponements / (where no plea bargaining or plea of guilty takes place)

Answer 41

A. Trial once commenced shall continue daily until terminated. Postponement allowed. To ensure speedy trial, Court will consult with prosecutor & defense counsel. Entire trial can not exceed >180 days. B. Trial dates may be shortened. Court shall prepare flowchart which will serve as final schedule of hearings.

Question 42

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 3. Factors for Granting continuance / ( Motion for Postponement) A continuance is a postponement or delay of a scheduled trial date.

Answer 42

A. Factors include won there will be miscarriage of justice. No continuance or delay to be granted because of a) congestion; b) lack of diligent preparation or c) failure to obtain witness. B. Motion for Postponement is prohibited except for a) acts of God; b) force majeure or c) physical inability of witness to testify

Question 43

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 4. Remedy when accused was not brought to trial WITHIN time Limit

Answer 43

A. Information may be dismissed on motion of the accused for his right to speedy trial. Dismissal under this ground is a dismissal on the merits subj to DJ If accused failed to raise this ground BEFORE trial, it is waived. 4 Factors to prove there is Denial of R to speedy Trial 1. length of delay 2. reason for delay 3. accused asserts this right 4. and Prejudice to accused due to delay

Question 44

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 5. Order of Trial / (Trial)

Answer 44

A. 1st Prosecution present evidence to prove the Charge ( & civil liability) 2nd Accused present evidence to present hid Defense 3rd Prosecution's Rebuttal evidence 4th Defense may have Rebuttal evidence 5th Case submitted for Decision Note: Once charged, accused may file a motion to have a witness examined if witness will not be able to attend trial due to a) sickness b) resides >100km from place of trial & has no means to attend c) or similar circumstances preventing W to attend B. Court shall encourage accused and prosecution to avail of 1) conditional examination of witness (prosecution witness)

Question 45

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 6. Discharge of accused to be State Witness

Answer 45

When: If 2 or more persons are Jointly charged, upon motion of prosecution BEFORE resting its case, court may direct the discharge of 1 or more accused as State Witness that 1) absolute necessity of his testimony, not merely additional 2) Lack of other Direct evidence available 3) accused SW is not the Most Guilty 4) accused SW has not been convicted of offense w Moral Turpitude Order of Discharge as SW = acquittal and shall be a bar to future prosecution EXCEPT if accused did not perform what is on his sworn statement

Question 46

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 7. Mistake in charging proper offense

Answer 46

(Before Judgment, accused can not be convicted of the offense charged) Court shall DISMISS the original charge Upon filing of a New Charge

Question 47

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 8. Consolidation / (same) - ( Basis: 1) Same Facts- Reckless driving causing Physical injuries or 2) Series of similar offenses - shoplifting over 3 diff stores) Expediency is Main reason for consolidation. Also to avoid conflicting decisions. Judge has discretion WON to consolidate

Answer 47

A. Requisites for Consolidation 1) actions arise from Same act, event or transaction INVOLVES SAME ISSUES 2) depend on same evidence 3) court has jurisdiction over the cases to be consolidated 4) and Joint trial is Fair

Question 48

Crim Pro - Trial R 119 Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases As to: 9. Demurrer to Evidence / (same) Grant of Demurrer to Evidence = amounts to Acquittal, may only be reviewed under Rule 65 Note: Denial of the motion for leave to file D2E or the Denial of D2E can NOT be Questioned by Appeal nor by Rule 65 Certiorari

Answer 48

When: AFTER Prosecution rested its case HOW: Court may dismiss the case on ground of Insufficiency of Evidence upon D2E: 1) Motu proprio 2) filed by Accused, with or without Leave of court EFFECTS: a) Court denies the Motion for leave to file D2E b) or Court grants leave but Denies the D2E c) or Court grants D2E

Question 49

Crim Pro - Judgment R 120 A. Define B. State the formal requirements

Answer 49

A. Its the adjudication by the court that the accused is G or not of the offense charged. Court imposes proper penalty and civil liability if any. B. Written in official language Personally prepared by Judge Signed by him and Shall Contain clearly Statement of Facts and Law upon which it is based.

Question 50

Crim Pro - Judgment R 120 Contents of Judgment ?

Answer 50

Judgment of Conviction a) offense charged as committed by acts of accused with AC & MC b) participation of accused as Pr, Accomp, or Access c) penalty imposed d) and civil liability or damages caused by wrongful act or omission Judgment of Acquittal a) state whether evidence of prosecution 1) failed to prove guilt or 2) failed to prove G beyond RD b) was there no action that may result to civil liability?

Question 51

Crim Pro - Judgment R 120 A. Judgment for 2 or more Offenses in single C/i - court will? B. Judgment in case of Variance - Allegation vs Proof - accused will?

Answer 51

A. Court may convict accused of as many offenses as are charged & proven B. The accused shall be convicted of the offense PROVEN ( as long as this proven offense is Necessarily Included in the offense charged)

Question 52

Crim Pro - Judgment R 120 When is an offense includes or is included in another - state the rule "lesser-included offense" doctrine - This legal principle is crucial in ensuring that individuals are "NOT Unfairly SURPRISED" for what they are charged with.

Answer 52

An offense charged includes the offense proven when the essential elements of the offense Charged in the C/i CONSTITUTE the offense Proven. eg. You are guilty of the crime you were charged with if the evidence proves all the important parts of the crime. Offense Charged is GREATEr than > Offense Proven Qualified Rape charge > lesser offense of Acts of Lasciviousness Here conviction is Valid Not applicable: Rape by organ charge vs proven: Object Rape --- Here conviction is invalid because these modes have material differences

Question 53

Crim Pro - Judgment R 120 Promulgation of Judgment Under A. Rule 118 & SC Implementing Speedy Trial Act B. Revised Guidelines for Continuous trial of Criminal cases

Answer 53

A. Read the J in the presence of accused & any Judge of the court it is rendered If J is for Light offense, it may be read before the counsel or representative. Clerk of court may promulgate the J If accused is confined or detained, Executive Judge of RTC may promulgate the J If accused failed to appear at promulgation, J shall be recorded in the criminal docket and serve copies under his last known address.

Question 54

Crim Pro - Judgment R 120 Modification of Judgment - state the rule Entry of Judgment - state the rule

Answer 54

When: Before J becomes Final or before Appeal is perfected After Judgment becomes final, it shall be entered in the Book of Judgments of court.

Question 55

Crim Pro - New Trial or Reconsideration R 121 Motion for Reconsideration vs MNT As to: a. When b. How c. Grounds d. Form e. Hearing f. Effect of Grant

Answer 55

a. MR - anytime BEFORE Judgment becomes final; MNT- same b. MR - upon motion of accused or at courts own instance, but with consent of accused; MNT - same c. MR - Errors of Law or Errors of Fact; MNT - (a) Irregularities PREJUDICIAL to rights of accused committed DURING the Trial or (b) Newly Discovered Evidence, which the accused COULD NOT with Reasonable DILIGENCE, produced at the the trial & if Presented would probably change the judgment d. MR - writing, with grounds, service notice to public prosecutor; MNT - same e. Hearing f. MR - original judgment will be set aside & a new judgment shall be rendered; MNT - on (a) evidence affected shall be set aside; and if (b) evidence already admitted shall stand, & Newly Discovered Evidence shall be presented in court

Question 56

Crim Pro - Appeal R 122 Who may appeal from the criminal action? Can private party appeal? When should appeal be made from criminal proceeding?

Answer 56

Any of the party may appeal from a J or FO, Unless the accused will be placed in DJ. People of the Philippines are the Real party in interest in a criminal case, & only the OSG can represent them in criminal proceedings before the SC and CA. Private complainant or offended party may file an appeal but ONLY as to the CIVIL Liability of the accused. Offended party may also file R65 but only to preserve the CIVIL aspect of the case. When taken: 15 days from promulgation of J or from Notice of Final order appealed from. Period to appeal is SUSPENDED from time MR or MNT is SERVED on accused or counsel. If MR MNT denied, fresh 15 days to appeal is provided from denial

Question 57

Crim Pro - Appeal R 122 Where and How to Appeal as to criminal cases: A. Decided by First level courts (METC, MTC, MTCC, & MCTC) B. Decided by 2nd level courts (RTC) C. Decided by the Court of Appeals What is the remedy if there is an order DISALLOWING an appeal?

Answer 57

A. To RTC by Notice of Appeal filed with court which Rendered the decision or FO, with paid Docket fees B1. In the exercise of RTCs Original Jurisdiction: Appeal to CA By NoA... ( same as A) B2. RTC exercised its appellate Jurisdiction: Appeal to CA By Petition for Review - Rule 42 C1. To SC By Petition for review on Certiorari - Rule 45 C2. in cases where CA imposes Reclusion Perpetua or Life Imprisonment: To SC By Notice of Appeal - Rule 124 Remedy for an order disallowing an appeal is Rule 65 Certiorari because the order is not a J of FO.

Question 58

Crim Pro - Appeal R 122 Service of the Notice of appeal Waiver of this Notice - court may disregard notice when

Answer 58

NoA shall be served Personally upon adverse party or his counsel Otherwise, service may be done by Registered Mail or Substituted Service Appelle may waive his right to a notice that an appeal has been made In the interest of justice, court may entertain the appeal even there is failure to serve notice

Question 59

Crim Pro - Appeal R 122 What is the effect if there is an Appeal made by one of the accused?

Answer 59

GR: That appeal shall NOT AFFECT those who did Not Appeal, EXC: if the judgment of appellate court is Favorable to those who did not appeal. Upon perfection of appeal, Execution of Judgment shall be PUT ON HOLD as to the Appealing party

Question 60

Crim Pro - Appeal R 122 After appeal was made, can appellant withdraw this appeal? Rule.

Answer 60

After perfection of appeal, courts (original & appellate) may ALLOW appellant to withdraw his appeal. Hence, judgment shall become final.

Question 61

Crim Pro - Procedure in the Court of Appeals R 124 CA may dismiss the appeal Upon its OWN initiative or by Motion of Appellee (People of Phil, represented by OSG) - state the rules.

Answer 61

A. if appellant FAILS to File his Brief within period or B. if appellant 1) escapes from prison; 2) jumps bail; or 3) Flees to foreign country DURING the Appeal.

Question 62

Crim Pro - Procedure in the Court of Appeals R 124

Question 63

Crim Pro - Procedure in the Court of Appeals R 124 What is the scope (possibilities) of the judgment by CA?

Answer 63

CA may 1. Reverse 2. Affirm 3. or Modify the Judgment 4. Increase or Reduce the Penalty 5. Remand the case to RTC or 6. Dismiss the Case

Question 64

Crim Pro - Procedure in the Court of Appeals R 124 Can the CA receive evidence?

Answer 64

Yes - CA can receive evidence & resolve factual issues within its (original & appellate) jurisdiction

Question 65

Crim Pro - Procedure in the Court of Appeals R 124 Is there a MNT or MR allowed at this stage - during appeal in CA? Rules?

Answer 65

MNT: After appeal has been perfected, and BEFORE Judgment of CA becomes final ------ accused may still file MNT if supported by new evidence MR: May be filed within 15 days FROM notice of CA decision or FO 2nd MR is NOT allowed

Question 66

Crim Pro - Procedure in the Supreme Court R 125 State the rule when opinion is EQUALLY DIVIDED in the Supreme Court En Banc (or necessary majority cannot be obtained to acquit or convict accused)

Answer 66

Case will be deliberated AGAIN (re-deliberation), and if there is STILL NO Majority decision --- the judgment of conviction of the lower court shall be REVERSED & the accused will be ACQUITTED

Question 67

Crim Pro - Search & Seizure R 126 What is a search warrant? When applied for, is it already a criminal action?

Answer 67

Order in W in the N of P of Ph Signed by J Directed to Law officer COMMANDING him to 1) SEARCH for personal property as DESCRIBED & 2) BRING it before the Court App for SW is NOT a criminal action. It is a legal process like a Writ of Discovery

Question 68

Crim Pro - Search & Seizure R 126 Search warrant - where is it filed when applied for? Note: Where to file App for SW - not a jurisdictional issue because this power to issue SW is INHERENT in ALL Courts

Answer 68

1) Any Court within whose territorial Jurisdiction a crime has been committed ( MTC for imp up to 6y, otherwise if >6y imp, apply in RTC) 2) For compelling reasons, any court within the judicial region where the crime was committed, if place of crime is known or any court within judicial region where the SW shall be enforced. 3) If the criminal action is filed, ONLY the court where the case is pending can issue the SW

Question 69

Crim Pro - Search & Seizure R 126 For search warrant applied, what are the Personal Property?

Answer 69

a) subject of offense b) stolen or embezzled & fruits of crime c) used or intended to be used for a crime

Question 70

Crim Pro - Search & Seizure R 126 What are the requisites for the issuance of a Search warrant?

Answer 70

PC - to be determined Personally by the Judge AFTER examination under oath of C & W Judge must personally examine by Searching Q&A, the C & W C/Applicant & W must testify on Facts PERSONALLY known to them SW must SPECIFICALLY DESCRIBE the Place to be searched and the Things to be Seized

Question 71

Crim Pro - Search & Seizure R 126 What is the TIME to execute the Search warrant? How long is the SW valid?

Answer 71

GR - at Day time Exc: if affidavit asserts that the property is on the Person to be searched, hence it may be any time of day or night Valid for 10 days, Thereafter it shall be void

Question 72

Crim Pro - Search & Seizure R 126 How is a Search & Seizure operation implemented?

Answer 72

Officers must give Notice, Show their Authority and Demand Entry 1) If refused admittance, he may break open any part of the house 2) No search of any premise shall be made EXCEPT in the PRESENCE of lawful occupant, or member of his family or in their absence - 2 witnesses resident of same locality and sufficient age 3) Officer seizing the property must LEAVE a detailed receipt 2-Witness rule is mandatory -- Non-compliance will render the evidence INADMISSIBLE

Question 73

Crim Pro - Search & Seizure R 126 State the rule as for the Delivery of property and inventory to Court.

Question 74

Crim Pro - Search & Seizure R 126 What is the rule when there is a Motion to Quash the search warrant or Motion to Suppress the evidence?

Question 75

Crim Pro - Search & Seizure R 126 Search incident to a Lawful Arrest - state the rules

Question 76

Crim Pro - Search & Seizure R 126 Reasonable Search - state the guidelines for Bus Searches.

Question 77

Crim Pro - Provisional Remedies R 127 State the rule for Provisional remedies in Criminal procedure.

Question 78

Crim Pro - Provisional Remedies R 127 Attachment in Criminal procedure - state the rule

Question 79

Crim Pro - Preliminary Investigation Executive determination of probable cause vs Judicial determination of probable cause

Answer 79

Executive d of PC concerns itself with WON there is enough evidence to support an information being filed. Judicial d of PC determines WON a warrant of arrest should be issued.