Rem Criminal Procedure R110 - R127 Flashcards
Crim Pro
R 110
How is criminal action initiated?
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
Crim Pro
R 110
Complaint vs Information
Who signs
Where filed
Both must state - FNA, DoO, AO, qaC, PDoC,& FNOP
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
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.
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
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
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
Crim Pro - Prosecution of Civil action (prosecution of Crime)
R 111
When is the Civil action aspect instituted in the Criminal action? WRB
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
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
Civil action is ALWAYS INCLUDED in the criminal action
No reservation is allowed
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?
Any such claim may be Filed as a SEPARATE CIVIL ACTION
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
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.
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
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.
Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111
What are the rules when the accused dies?
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.
Crim Pro - Prosecution of Civil action (in the prosecution of Crime)
R 111
What is Prejudicial Question?
A. Definition
B. Elements
C. Requisites
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.
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
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
- Cases with imprisonment Penalty of LESS than 421:
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
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
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
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
Crim Pro - Bail
R 114
Define Bail
What are the CONDITIONS for Bail?
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
Crim Pro - Bail
R 114
What are the forms of Bail (4)? Define
- Corporate surety bond
- Property bond
- Cash bond
- Recognizance
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.
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.
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.
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
Crim Pro - Bail
R 114
Where do one post the bail?
What is the rule when increasing or reducing bail?
- 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.
Crim Pro - Bail
R 114
What is the rule on the forfeiture of bail against the Bondsman?
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
Crim Pro - Bail
R 114
Cancellation of Bail - state the rule.
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
Crim Pro - Bail
R 114
What is the rule when arresting the accused who is out on Bail?
Accused out on bail may be RE-ARRESTED Without Warrant if he attempts to leave the Philippines WITHOUT permission from the court
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?
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.
Crim Pro - Bail
R 114
Can the accused raise objections to his illegal arrest if he made an application for bail? Rule?
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.
Crim Pro - Rights of accused
R 115
What are the rights of the accused in criminal prosecution? (9)
In all criminal prosecutions, the accused shall be entitled to the following rights:
- accused is presumed innocent until proven beyond RD
- to be informed of nature & cause of the offense charged
- to be able to raise his defense assisted by counsel from arraignment to promulgation of judgment
- to testify as witness on his behalf (subject to cross examination)
- to be exempt as witness against himself
- to cross-examine witnesses against him
7 . to have compulsory process for attendance of witness & production of evidence - to have speedy, impartial & public trial
- to appeal as prescribed by law
Crim Pro - Arraignment and Plea
R 116
A. Definition
B. Procedure
C. Where
D. How is arraignment done?
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.
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.
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
Crim Pro - Arraignment and Plea
R 116
When is arraignment commenced?
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
Crim Pro - Arraignment and Plea
R 116
What is the duty of the court in arraignment?
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
Crim Pro - Arraignment and Plea
R 116
What is a plea bargain? state the rule
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.
Crim Pro - Arraignment and Plea
R 116
What are the available Interim remedies of the accused?
- Bill of particulars
- accused may move for BOP BEFORE arraignment so he can prepare for trial, specify defects of complaint and ask for details. - Motion for Inspection of Evidence, Motion for Production of Evidence in the possession of Prosecution to prevent surprise or alteration
