Week 11 - Trial Flashcards
Rule 119. Sec. 11. Order of trial. – The trial shall proceed in the following order:
(a) The prosecution shall […] and, in the proper case, the […].
(b) The accused may […], if any, arising from the issuance of […].
(c) The prosecution and the defense may, in that order, present […] unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case shall be […] unless the court […].
(e) When the accused admits the act or omission charged in the complaint or information but interposes a […], the order of trial may be modified.
Rule 119. Sec. 11. Order of trial. – The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
(b) The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless the court, in furtherance of justice, permits them to present additional evidence bearing upon the main issue.
(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless the court directs them to argue orally or to submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint or information but interposes a lawful defense, the order of trial may be modified.
Rule 119. Sec. 21. Exclusion of the public. – The judge may motu proprio, exclude the public from the courtroom if […]. He may also, on motion of the accused, exclude the public from the trial except […].
Rule 119. Sec. 21. Exclusion of the public. – The judge may motu proprio, exclude the public from the courtroom if the evidence to be produced during the trial is offensive to decency or public morals. He may also, on motion of the accused, exclude the public from the trial except court personnel and the counsel of the parties.
RA 8493. Section 7. Par. 2.Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. - […].
If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a […]. A negative defense shall require the prosecution to […], while an affirmative defense may modify the order of trial and require the accused to […].
RA 8493. Section 7. Par. 2.Time Limit Between Filing of Information and Arraignment and Between Arraignment and Trial. - […].
If the accused pleads not guilty to the crime charged, he/she shall state whether he/she interposes a negative or affirmative defense. A negative defense shall require the prosecution to prove the guilt of the accused beyond reasonable doubt, while an affirmative defense may modify the order of trial and require the accused to prove such defense by clear and convincing evidence.
Rule 119. Sec. 7(a). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following:
(a) Shall promptly […] or […] requiring such person to so advise the prisoner of his right to […].
Rule 119. Sec. 7(a). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following:
(a) Shall promptly undertake to obtain the presence of the petitioner for trial or cause a notice to be served on the person having custody of the prisoner requiring such person to so advise the prisoner of his right to demand trial.
Rule 119. Sec. 7(b). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of […]. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause […].
Rule 119. Sec. 7(b). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(b) Upon receipt of that notice, the custodian of the prisoner shall promptly advise the prisoner of the charge and of his right to demand trial. If at anytime thereafter the prisoner informs his custodian that he demands such trial, the latter shall cause notice to that effect to be sent promptly to the public attorney.
Rule 119. Sec. 7(c). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the […].
Rule 119. Sec. 7(c). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(c) Upon receipt of such notice, the public attorney shall promptly seek to obtain the presence of the prisoner for trial.
Rule 119. Sec. 7(d). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(c) When the […] receives from the public attorney a properly […], the prisoner shall be made available accordingly.
Rule 119. Sec. 7(d). Public attorney’s duties where accused is imprisoned. – If the public attorney assigned to defend a person charged with a crime knows that the latter is preventively detained, either because he is charged with a bailable crime but has no means to post bail, or, is charged with a non-bailable crime, or is serving a term of imprisonment in any penal institution, it shall be his duty to do the following: xxx xxx
(c) When the custodian of the prisoner receives from the public attorney a properly supported request for the availability of the prisoner for purposes of trial, the prisoner shall be made available accordingly.
Rule 119. Sec. 20. Appointment of acting prosecutor. – When a prosecutor, his assistant or deputy is disqualified to act due to […], the judge or the prosecutor shall communicate with […].
Rule 119. Sec. 20. Appointment of acting prosecutor. – When a prosecutor, his assistant or deputy is disqualified to act due to any of the grounds stated in Section 1 of Rule 137 or for any other reason, the judge or the prosecutor shall communicate with the Secretary of Justice in order that the latter may appoint an acting prosecutor.
Rule 117. Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment […], shall become permanent one (1) year after issuance of the order with the case having been revived. With respect to offenses punishable by imprisonment of […], their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
Rule 117. Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party.
The provisional dismissal of offenses punishable by imprisonment not exceeding six (6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of the order with the case having been revived. With respect to offenses punishable by imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2) years after issuance of the order without the case having been revived.
Rule 119. Sec. 16. Trial of several accused. – When two or more accused are jointly charged with an offense, they shall be […] unless the court, in its discretion […], orders […].
Rule 119. Sec. 16. Trial of several accused. – When two or more accused are jointly charged with an offense, they shall be tried jointly unless the court, in its discretion and upon motion of the prosecutor or any accused, orders separate trial for one or more accused.
Rule 119. Sec. 17. Discharge of accused to be state witness. – When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before […], the court may direct one or […] to be […] so that they may be […] when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:
(a) There is […] for the testimony of the accused whose discharge is requested;
(b) There is […] for the proper prosecution of the offense committed, except the testimony of said accused;
(c) The testimony of said accused can be […];
(d) Said accused […]; and
(e) Said accused has not at any time been convicted of […].
Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be […].
Rule 119. Sec. 17. Discharge of accused to be state witness. – When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when, after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that:
(a) There is absolute necessity for the testimony of the accused whose discharge is requested;
(b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of said accused;
(c) The testimony of said accused can be substantially corroborated in its material points;
(d) Said accused does not appear to be the most guilty; and
(e) Said accused has not at any time been convicted of any offense involving moral turpitude.
Evidence adduced in support of the discharge shall automatically form part of the trial. If the court denies the motion for discharge of the accused as state witness, his sworn statement shall be inadmissible in evidence.
Rule 119. Sec. 18. Discharge of accused operates as acquittal. – The order indicated in the preceding section shall amount to […] and shall be a bar to […], unless the accused […] in accordance with his sworn statement constituting the basis for his discharge.
Rule 119. Sec. 18. Discharge of accused operates as acquittal. – The order indicated in the preceding section shall amount to an acquittal of the discharged accused and shall be a bar to future prosecution for the same offense, unless the accused fails or refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge.
Rule 119. Sec. 22. Consolidation of trials of related offenses. – Charges for offenses founded […] may be tried jointly at the discretion of the court.
Rule 119. Sec. 22. Consolidation of trials of related offenses. – Charges for offenses founded on the same facts or forming part of a series of offenses of similar character may be tried jointly at the discretion of the court.
Rule 119. Sec. 15. Examination of witness for the prosecution. – When it satisfactorily appears that a […] at the trial as directed by the court, or has to […], he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.
Rule 119. Sec. 15. Examination of witness for the prosecution. – When it satisfactorily appears that a witness for the prosecution is too sick or infirm to appear at the trial as directed by the court, or has to leave the Philippines with no definite date of returning, he may forthwith be conditionally examined before the court where the case is pending. Such examination, in the presence of the accused, or in his absence after reasonable notice to attend the examination has been served on him, shall be conducted in the same manner as an examination at the trial. Failure or refusal of the accused to attend the examination after notice shall be considered a waiver. The statement taken may be admitted in behalf of or against the accused.
Rule 119. Sec. 14. Bail to secure appearance of material witness. – When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to […]. Upon refusal to post bail, the court shall […].
Rule 119. Sec. 14. Bail to secure appearance of material witness. – When the court is satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon motion of either party, order the witness to post bail in such sum as may be deemed proper. Upon refusal to post bail, the court shall commit him to prison until he complies or is legally discharged after his testimony has been taken.
