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CrimPro Notes

RULE 116: Arraignment and Plea

Arraignment - Procedural Due Process

Bill of Particulars - written statement of the prosecution clarifying details of the information

Production or Inspection of Material Evidence in Possession of the Prosecution  –  not only the

Prosecution but also ALL LAW ENFORCEMENT AGENCIES (police, nbi, etc.)

RULE 117: Motion to Quash

Motion to Quash (Criminal Case) - Motion to Dismiss (Civil Case)

Contains averments which, if true, would constitute a legal excuse or justification - the complaint or

information contains justifying circumstances

Effect of motion to quash - NOT A BAR for prosecution of the same offense UNLESS motion was based on

the grounds of (1)Extinguishment of Criminal Action or Liability or (2) Double Jeopardy

Provisional Dismissal - only in Criminal Cases. 

Less than 6 yrs - permanent after 1 year if case is not

revived from the date of issuance of order of provisional dismissal  More than 6 yrs - permanent after 2

years if case is not revived from thr datr of issuance of order of provisional dismissal.

Constitutional right to a speedy trial - if after a lmg time evidence cannot be produced or the offended.

ALTERNATIVE = Provisional Dismissal (TEMPORARY)

RULE 118: Pre-Trial

Pre-Trial

- Mandatory

Pre-Trial Agreement in Criminal Cases - must be reduced in writing

Admission - an acknowledgement of facts adverse to ones interest. 

* does not need evidence 

RULE 119: Trial

Trial

Objective- Speedy disposition of cases (maximum of 180 days)

Demurrer to Evidence -motion of demurrer to evidence or present levidence to prove his defense and

damages [sec. 11 (b)]

Provisional Remedy -provisional attachment (upon motion of offended party), as to not prejudice the

 

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offended party, in case of insolvency of the accused

Rebuttal

-refute the defense evidence

-discredit the defense evidence

Sur-Rebuttal

-refute the prosecution evidence

-discredit the prosecution evidence

Sec. 11 (e) - admits to the ACTS or OMISSION, Not the CHARGE

Sec. 12 - Testimony of defense witness before trial

Sec. 15 - Testimony of prosecution witness before trial

- Before pending trial only

- For future use

- must be (1) sick or infirm to appear at the trial or; (2) has to leave the Philippines w/ no definite date

of returning

Sec. 14 - Bail to secure appearance of material witness

Sec. 17 - Discharge of State Witness - upon motion of the prosecution - 1 or more accused may be State

Witness - 2 or more accused to the commission of an offense is required

Sec. 19

Req: for substitution of proper offense

1) 

There is a mistake in charging the proper offense

2)  Mistake manifest before judgment.

3)  The mistake would not convict the accused of the charge or any offense necessarily included

therein

RULE 120: Judgment 

Sec. 1 Judgment (requirements)

1)  Statement of Facts

2) 

2) Law upon which it is based

Sec. 3 Judgment for two or more offenses (double jeopardy) - Accused must be formally arraigned for

each offense charged.

Sec. 7 Modification

- only upon motion of the accused

- ie. change of penalty rendered

- before judgment becomes final or before perfection of an appeal.

When a judgment of conviction final?

1) Lapse of period of perfecting an appeal 

2) Sentence has been partially or totally satisfied or served.  

3) Waiver in writing of right to appeal 4) Applied for probation

 

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Sec. 8 Entry of Judgment 

- Judgment is FINAL AND EXECUTORY

RULE 122: Appeal

4 points to consider

1) Who may appeal? 

- Any party, unless the accused will be placed in double jeopardy.

a) conviction (by the accused) 

b) civil liability (either) 

c) bond 

d) motion to quash (by the prosecution) 

e) motion for discharge as state witness (by prosecution)

2) What may be appealed?

3) Where to appeal?

a) to RTC - in cases decided by 1st level courts

b) to CA - in cases decided by RTC 

c) to SC - in cases decided by CA

4) How to appeal?

- manner provided by law (must be the proper mode of appeal)

a) to RTC - from 1st lvl courts -notice of appeal filed to the court which rendered judgment  - service of

copy thereof to the adverse party

b) to CA - from RTC (original jurisdiction) - notice of appeal filed to the court which rendered judgment  -

service of copy thereof to the adverse party

c) to CA - from RTC (appellate jurisdiction) 

-petition for review

d) to SC - from CA or RTC (in proper cases) - petition for certiorari (mode of review)  - special civil action

for certiorari ( jurisdictional error, NOT A MODE OF APPEAL)

e) to CA - from RTC (judgment of death penalty)  - automatic review

f) to SC - from CA (affirming judgment of of death penalty by RTC) - automatic review

g) to SC - from CA ( lowering penalty from death penalty rendered by RTC)  - notice of appeal

h) to SC - any other kind of proceding - petition for review

5) When to appeal? - 15 days from promulgation of judgment  - motion for new trial or reconsideration

suspends running period (Granted) - motion for new trial or reconsideration (Denied) - FRESH PERIOD

RULE (15 days)

READ SEC. 11 

RULE 124: Procedure in the Court of Appeals

 

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- READ SEC 12

- READ SEC 14

- READ SEC 15

- Modification - rule 120 sec. 7

RULE 126: Search and Seizure

Sec. 2 (b) Compelling reason

- application might leak (leakage)

Sec. 3 - Personal property tp be seized  a) Subject of the offense b) Stolen or embezzled and other

proceeds, or fruits of the offense 

c) Used or intended t be used as the means of committing the offense

Sec. 4 - Req. for issuing a search warrant

a) Probably cause

b) in connection in one specific offense

c) Determines personally by the judge

d) After examination under oath of affirmation of the complainant and the witnesses he may produce

e) Particularly describing the place to be searched and the things to be seized

Sec. 10 - Validity of the Search Warrant 

-  only 10 days from issue

-  cannot be extended

Sec. 11 - Reciept of the property seized

- to the lawful occupant or family member 

- if only 2 witnesses, place where the property is found

Sec. 12 - Delivery of property; return 

-  within 10 days from issue of search warrant

-  failure without justifiable reason = contempt of court

Sec. 13 - Search incident of a lawful arrest

a) body search

b) immediate surrounding

c) plain view

RULE 127: Provisional Remedies in Criminal Cases

Read Rules 57-61