 Is it necessary to have trial-type

RULE 115 RIGHTS OF THE ACCUSED proceedings in order to satisfy the

requirement of due process?
 What are the rights of the accused in No. There is no need for trial-type
criminal prosecutions? proceedings in order to satisfy due
1. To be presumed innocent until the process. What is important is that there
contrary is proved beyond was an opportunity to be heard. Notice
reasonable doubt; and hearing are the minimum
2. To be informed of the nature and requirements of due process.
cause of the accusation against
him;  In general, what are the requirements
3. To be present and defend in of procedural due process? (JIJO)
person and by counsel at every 1. Jurisdiction must be lawfully
stage of the proceedings, from acquired over the person
arraignment to promulgation of 2. Impartial and competent court
judgment; 3. Judgment must be rendered upon
4. To testify as a witness in his own lawful hearing.
behalf but subject to cross- 4. Opportunity to be heard;
examination on matters covered
by direct examination;  In criminal cases, what are the
5. To be exempt from being requirements of procedural due
compelled to be a witness against process?
himself; The requirements in criminal cases are
6. To confront and cross-examine the more stringent. They are:
witnesses against him at the trial; 1. The accused must have been
7. To have compulsory process heard by a court of competent
issued to secure the attendance of jurisdiction;
witnesses and production of other 2. He must have been proceeded
evidence in his behalf; against under orderly processes of
8. To have a speedy, impartial, and the law;
public trial; 3. He may be punished only after
9. To appeal in all cases allowed and inquiry and investigation;
in the manner prescribed by law. 4. There must be notice to the
accused;
Due Process 5. The accused must be given an
opportunity to be heard;
 What are the two aspects of the right 6. Judgment must be rendered
to due process? within the authority of a
constitutional law.
1. Substantive due process – this
refers to the intrinsic validity of Presumption of Innocence
the law
2. Procedural due process – one that  What is the meaning of the right of
hears before it condemns, presumption of innocence?
proceeds upon inquiry, and The right means that the
renders judgment only after trial presumption must be overcome by
and based on the evidence evidence of guilt beyond reasonable
presented therein. doubt. Guilt beyond reasonable doubt
means that there is moral certainty as to
1
the guilt of the accused. Conviction  Can the right to be present at the trial
should be based on the strength of the be waived?
prosecution and not on the weakness of
the defense. The significance of this is Yes, except in the following
that accusation is not synonymous with situations, where the presence of the
guilt. accused at the trial is required: (PAP)

 What are the exceptions to the 1. During Promulgation of

constitutional presumption of judgment, except if it is for a light
innocence? offense
2. Arraignment;
1. Presumptions – If there is a 3. When the presence of the accused
reasonable connection between at the trial is necessary for
the fact presumed and the fact purposes of identification, unless
ultimately proven from such fact he admits beforehand that he is
the same person charged.
2. Self-Defense – One who invokes
self-defense is presumed guilty. Right to Counsel
The burden of proving the
elements of self-defense (unlawful  Is there a difference between the
aggression, reasonable necessity right to counsel during custodial
of the means used to prevent or investigation and the right to counsel
repel it; lack of sufficient during the trial?
provocation on the part of the one
defending himself) belongs to the Yes. In custodial investigation,
accused. the right to counsel can only be waived
in writing AND with the assistance of
 What is a “reverse trial”? counsel. The counsel required in
custodial investigation is competent and
Usually, the prosecution presents independent counsel, preferably of his
its evidence to establish the guilt of the own (the suspect’s) choice.
accused first. But a reverse trial happens
if the accused admits the killing but During the trial, the right to
claims self-defense. He must first counsel means the right to effective
establish the elements of self-defense in counsel.
order to overturn the presumption that
he was guilty of the offense. Why is the right to counsel afforded
during trial?
Right to be present at the trial The right to counsel is embraced
in the right to be heard.
 What are the requisites of a valid
trial in absentia? (FAN)  When should the right to counsel be
invoked?
1. Failure to appear at the trial is The right to counsel may be
unjustifiable. invoked at any stage of the proceedings,
2. Accused has already been even on appeal. However, it can also be
arraigned; waived. The accused is deemed to have
3. Notified of the trial waived his right to counsel when he
voluntarily submits himself to the
2
jurisdiction of the Court and proceeds because the prosecution was not given a
with his defense. chance to test the credibility of the
testimony through cross-examination.
Is the duty of the court to appoint
counsel-de-oficio mandatory at all Right Against Self-Incrimination
times?
No. The duty to appoint counsel-  What is the scope of the right against
do-oficio is mandatory only up to self-incrimination?
arraignment. The right against self-
incrimination covers testimonial
 Does the mistake of counsel bind the compulsion only and the compulsion to
client? produce incriminating documents,
papers, and chattels. It does not cover
As a rule, the mistake of counsel the compulsion to produce real or
binds the client. Therefore, the client physical evidence using the body of the
cannot question a decision on the ground accused.
that counsel was an idiot. However, an  What is the rationale for protecting
exception to this is if counsel the right against self-incrimination?
misrepresents himself as a lawyer, and There are two reasons:
he turns out to be a fake lawyer. 1. For humanitarian reasons: To
prevent the State, with all its
 Is the right to counsel absolute? coercive powers, from extracting
No. The right of choice must be testimony that may convict the
reasonably exercised. The accused accused.
cannot insist on counsel that he cannot 2. For practical reasons: The accused
afford, one who is not a member of the is likely to commit perjury if he
bar, or one who declines for a valid were compelled to testify against
reason, such as conflict of interest. Also, himself.
the right of the accused to choose counsel
is subject to the right of the state to due  Who may invoke the right against
process and to speedy and adequate self-incrimination, and when can they
justice. invoke the right?
1. An ordinary witness may invoke
 When can the accused defend the right, but he may only do so as
himself in person? each incriminating question is
The accused can defend himself in asked.
person only if the court is convinced that 2. The accused himself may invoke
he can properly protect his rights even the right, and unlike the ordinary
without the assistance of counsel. witness, he may altogether refuse
to take the witness stand and
Right to be a Witness on His Own refuse to answer any and all
Behalf questions.
But, once the accused
 What is the weight of the testimony waives his right and chooses to
of an accused who testifies on his own testify in his own behalf, he may
behalf but refuses to be cross- be cross-examined on matters
examined? covered in his direct examination.
The testimony will not be given He cannot refuse to answer
weight. It will not have probative value questions during cross-
3
 examination by claiming that the examination by the
answer that he will give could prosecution
incriminate him for the crime with d. Refuse to answer a specific
which he was charged. question which tends to
However, if the question incriminate his for some
during cross-examination relates to a crime other than that for
crime different from that with which which he is being
he was charged, he can still invoke prosecuted.
the right and refuse to answer.
 What are immunity statutes?
 Can the accused or witness invoke
the right against self-incrimination if he The immunity statutes are
is asked about past criminality? classified into two – use immunity
It depends. If he can still be statutes and transactional immunity
prosecuted for it, questions about past statutes.
criminal liability are still covered by the
protection of the right against self- Use immunity prohibits the use
incrimination. But if he cannot be of a witness’ compelled testimony and
prosecuted for it anymore, he cannot its fruits in any manner in connection
invoke the right. with the criminal prosecution of the
witness.
 What are the rights of the accused in
the matter of testifying or producing Transactional immunity grants
evidence? immunity to the witness from
1. Before the case is filed in Court prosecution for an offense to which his
but after he has been taken into compelled testimony relates. (Here, the
custody or otherwise deprived of witness cannot be prosecuted at all.)
his liberty. Examples are state witnesses and those
a. Right to be informed of who furnish information about
nature if accusation violations of the Internal Revenue Code,
b. Right to remain silent and even if they themselves offered bribes to
to counsel the public official.
c. Right not to be subjected to
force, violence, threat,  What is the effect of the refusal of
intimidation, or any other the accused to refuse to testify in his
means which vitiate free behalf?
will As a general rule, the silence of the
d. Right to have evidence accused should not prejudice him.
obtained in violation of However, in the following cases, an
these rights rejected unfavorable inference is drawn from the
failure of the accused to testify:
2. After the case is filed in court 1. If the prosecution has already
(RNTR) established a prima facie case, the
a. Refuse to be a witness accused must present proof to
b. Not to have any prejudice overturn the evidence of the
whatsoever result to him prosecution.
by such refusal 2. If the defense of the accused is
c. Testify in his own behalf alibi and he does not testify, the
subject to cross-
4
 inference is that the alibi is not cross-examine before the subsequent
believable. death or unavailability of the witness,
the testimony will have no probative
 Is DNA testing covered by the right value. (An opportunity to cross-examine
against self-incrimination? No is all that is necessary in order to allow the
use of the testimony of the witness . There
Right of Confrontation need not be an actual cross-examination, as
long as there was an opportunity to do so.)
 What is the meaning of the right of
confrontation? Right to Compulsory Process
It means that the accused can only
be tried using those witnesses that meet  What is the right to compulsory
him face to face at the trial who give process?
testimony in his presence, with the It is the right of the accused to
opportunity to cross-examine them. have a subpoena and/or a subpoena
duces tecum issued in his behalf in order
 What are the reasons for the right? to compel the attendance of witnesses
1. To allow the court to observe the and the production of other evidence.
demeanor of the witness while
testifying.
2. To give the accused the Right to Speedy, Public, and Impartial
opportunity to cross-examine the Trial
witness in order to test their
recollection and credibility.  How should the trial be conducted?
The trial should be speedy, public,
 Can the right of confrontation be and impartial.
waived?
Yes, it can be waived either  What is the meaning of the right to
expressly or impliedly. It is waived speedy trial?
impliedly when an accused waives his The right means that the trial
right to be present at the trial. The right should be conducted according to the
of confrontation may also be waived by law of criminal procedure and the rules
conduct amounting to a renunciation of and regulations, free from vexations,
the right to cross-examine. When the capricious, and oppressive delays.
party was given an opportunity to
confront and cross-examine an opposing  When should the arraignment and
witness but failed to take advantage of it pre-trial be held?
for reasons attributable to himself alone, According to the Speedy Trial Act
he is deemed to have waived the right. and Circular 38-98, arraignment and pre-
trial if the accused pleads not guilty
 What happens to the testimony of a should be held within 30 days from the
witness who dies or becomes date the court acquires jurisdiction of the
unavailable? person of the accused.
It depends. If the other party had
the opportunity to cross-examine the  Within how many days should the
witness before he died or became trial be completed?
unavailable, the testimony may be used
as evidence. However, if the other party In no case shall the entire period
did not even have the opportunity to exceed 180 days from the first day of
5
trial, except as otherwise authorized by
the Court Administrator.  Why should a trial be conducted in
public?
 What is the remedy of an accused The trial should be public in order
whose right to speedy trial is violated? to prevent abuses that may be committed
(MAFF) by the court to the prejudice of the
defendant. Moreover, the accused is
The accused has the following entitled to the moral support of his
remedies: friends and relatives.
1. File a motion to dismiss on the
ground of violation of his right to  Is there an exception to the
speedy trial. (For purposes of requirement of publicity?
double jeopardy, this has the same Yes. The court may bar the public
effect as an acquittal.) This must in certain cases, such as when the
be done prior to trial, or else, it is evidence to be presented may be
deemed a waiver of the right to offensive to decency or public morals, or
dismiss. in rape cases, where the purpose of some
2. Ask for the trial of the case. persons in attending is merely to ogle at
3. File for mandamus to compel a the parties.
dismissal of the information.
4. If he is restrained of his liberty,  Is it okay to hold the trial in the
file for habeas corpus. chambers of the judge?
Yes. There is no violation of the
 What is the limitation on the right of right to a public trial, since the public is
an accused to a speedy trial? not excluded from attending the trial.
The limitation is that the State
should not be deprived of its day in  In so-called trials by publicity, when
court. The right of the State/the can the publicity be considered
prosecution to due process should be prejudicial to the accused?
respected. To warrant a finding of prejudicial
publicity, there must be allegations and
The prosecution and the complainant proof that the judges have been unduly
fail to attend the first hearing. The influenced, not simply that they might
court postpones the hearing to another be, by the barrage of publicity.
date. Is there a violation of the right to
speedy trial? Right to Appeal, When Allowed
No. The right to speedy trial is
violated when there are unjustified  Is the right to appeal a fundamental
postponements of the trial, and a long right?
period of time is allowed to elapse No. The right to appeal is a
without the case being tried for no statutory right, except in the case of the
justifiable reason. minimum appellate jurisdiction of the
Supreme Court granted by the
What is the meaning of the right to a Constitution. Anyone who seeks to
public trial? exercise the right to appeal must comply
It means that anyone interested in with the requirements of the rules.
observing the manner that a judge
conducts the proceedings in his  Can the right to appeal be waived?
courtroom may do so.
6
 Yes, it can be waived expressly or The general rule is that the
impliedly. accused should be arraigned within 30
days from the date the court acquires
 What is the effect of the flight of the jurisdiction over the person of the
accused on his right to appeal? accused. The time of the pendency of a
When the accused flees after the motion to quash or for a bill of
case has been submitted to the court for particulars or other causes justifying
decision, he will be deemed to have suspension of the arraignment shall be
waived his right to appeal from the excluded in computing the period.
judgment rendered against him.
However, in the following cases, the
RULE 116 ARRAIGNMENT AND accused should be arraigned with a
PLEA shorter period:
1. Where the complainant is about to
 Where should the accused be depart from the Philippines with
arraigned? no definite date of return, the
The accused must be arraigned accused should be arraigned
before the court where the complaint without delay and his trial should
was filed or assigned for trial. commence within 3 days from
arraignment.
 How is arraignment made? 2. The trial of cases under the Child
Arraignment is made: (FOBRA) Abuse Act requires that the trial
should be commenced within 3
1. Furnishing the accused with a days from arraignment.
copy of the complaint or 3. When the accused is under
information preventive detention, his case
2. Open court shall be raffled and its records
3. By the judge or clerk transmitted to the judge to whom
4. Reading it in the language or the case was raffled within 3 days
dialect known to him from the filing of the information
5. Asking him whether he pleads or complaint. The accused shall
guilty or not guilty. be arraigned within 10 days from
the date of the raffle.
 Can there be an arraignment without
the presence of the accused?  Can the lawyer of the accused enter a
No. The accused must be present plea for him?
at the arraignment and must personally No. The accused must personally
enter his plea. enter his plea.

 X is charged with homicide. He  What is the importance of

pleads guilty but presents evidence to arraignment?
establish self-defense. What should the Arraignment is the means for
court do? bringing the accused into court and
The court should withdraw the informing him of the nature and cause of
plea and enter a plea of not guilty. the accusation against him. During
arraignment, he is made fully aware of
 When should the arraignment be possible loss of freedom or life. He is
held? informed why the prosecuting arm of the
State is mobilized against him. It is
7
necessary in order to fix the identity of  Is the accused entitled to know in
the accused, to inform him of the charge, advance the names of all of the
and to give him an opportunity to plead. prosecution witnesses?
No. The success of the
 During the arraignment, is the judge prosecution might be endangered if this
duty-bound to point out that an right were granted to the accused. The
information is duplicitous? witnesses might be subjected to pressure
No. The judge has no obligation or coercion. The right time for the
to point out the duplicitousness or any accused to know their identities is when
other defect in an information during they take the witness stand.
arraignment. The obligation to move to
quash a defective information belongs to  Can the prosecution call witnesses
the accused, whose failure to do so that are not listed in the information?
constitutes a waiver of the right to object. Yes. The prosecution may call at
the trial witnesses other than those
 X was tried for murder without named in the complaint or information.
having been arraigned. At the trial, X’s  X was charged with homicide. He
counsel presented witnesses and cross- entered a plea of guilty. He was later
examined the prosecution witnesses. It allowed to testify in order to prove the
was only after the case was submitted mitigating circumstance of incomplete
for decision that X was arraigned. X self-defense. At the trial, he presented
was convicted. Can X invoke the evidence to prove that he acted in
failure of the court to arraign him complete self-defense. The court
before trial as a ground for questioning acquitted him. Later, X was again
the conviction? charged with physical injuries. X
invoked double jeopardy. Can X be
No. The failure of the court to prosecuted again for physical injuries?
arraign X before trial was conducted, did Yes. There was no double
not prejudice the rights of X since he was jeopardy. In order for double jeopardy
able to present evidence and cross- to attach, there must have been a valid
examine the witnesses of the plea to the first offense. In this case, the
prosecution. The error was cured by the presentation by X of evidence to prove
subsequent arraignment. complete self-defense had the effect of
vacating his plea of guilt. When the plea
 Is the accused presumed to have of guilt was vacated, the court should
been arraigned in the absence of proof have ordered him to plead again, or at
to the contrary? least should have directed that a new
Yes. In view of the presumption plea of not guilty be entered for him.
of regularity in the performance of Because the court did not do this, at the
official duties, it can be presumed that a time of the acquittal, there was actually
person accused of a crime was arraigned, no standing plea for X. Since there was
in the absence of proof to the contrary. no valid plea, there can be no double
However, the presumption of regularity jeopardy.
is not applied when the penalty imposed
is death. When the life of a person is at  Can a person who pleaded guilty still
stake, the court cannot presume that be acquitted?
there was an arraignment; it has to be Yes. When an accused pleads
sure that there was one. guilty, it does not necessarily follow that
he will be convicted. Additional
8
evidence independent of the guilty plea aggravating circumstances. Because of
may be considered by the judge to this, the court should only accept a clear,
ensure that the plea of guilt was definite, and unconditional plea of
intelligently made. The totality of guilty.
evidence should determine whether the
accused should be convicted or  When can the plea of guilty be
acquitted. considered a mitigating circumstance?
It is mitigating if made before the
 When can the accused plead guilty to prosecution starts to present evidence.
a lesser offense?
 What is the meaning of the duty of
At arraignment, the accused may the judge to conduct a “searching
plead guilty to a lesser offense which is inquiry”?
necessarily included in the offense In all cases, the judge must
charged, provided that the offended convince himself: (1) that the accused is
party and the prosecutor give their entering the plea of guilty voluntarily
consent. and intelligently; and (2) that he is truly
After arraignment BUT BEFORE guilty and that there exists a rational
TRIAL, the accused may still be allowed basis for a finding of guilt based on his
to plead guilty to a lesser offense, after testimony.
he withdraws his plea of not guilty. In
such a case, the complaint or information  Is it mandatory for the prosecution to
need not be amended. present proof of aggravating
circumstances?
 What should the court do when the Yes. It is mandatory in order to
accused pleads guilty to a capital establish the precise degree of culpability
offense? and the imposable penalty. Otherwise,
there is an improvident plea of guilty.
The court should: (CAR)
1. Conduct a searching inquiry into  Can a court validly convict an
the voluntariness and full accused based on an improvident plea
comprehension of the of guilty?
consequences of the plea. Yes. If there is adequate evidence
2. Ask the accused if he desires to of the guilt of the accused independent
present evidence in his behalf and of the improvident plea of guilty, the
allow him to do so if he desires. court may still convict the accused. The
3. Require the prosecution to conviction will be set aside only if the
present evidence to prove the plea of guilt is the sole basis of the
guilt and the precise degree of judgment.
culpability of the accused for the
purpose of imposing the proper  What should the court do when the
penalty. accused pleads guilty to a non-capital
offense?
 Does a plea of guilty mean an The court may receive evidence
admission even of the aggravating from the parties to determine the penalty
circumstances? to be imposed. Unlike in a plea of guilty
Yes. A plea of guilty results in the to a capital offense, the reception of
admission of all the material facts in the evidence in this case is not mandatory. It
complaint or information, including the is merely discretionary on the court.
9
 4. If the accused desires to procure
 When can the validity of a plea of an attorney of his own, the court
guilty be attacked? must grant him a reasonable time
Generally, a plea of guilty cannot therefor.
be attacked if it is made voluntarily and
intelligently. It can only be attacked if it  What is the reason for this four-fold
was induced by threats, duty?
misrepresentation, or bribes. The right to be heard would be of
little avail if it does not include the right
 Can an improvident plea of guilty be to be heard by counsel.
withdrawn as a matter of right?
No. The withdrawal of the plea of  What is the effect of the failure of the
guilty is not a matter of strict right to the court to comply with these duties?
accused but is within the discretion of It is a violation of due process.
the court. The reason for this is that trial
has already commenced; withdrawal of  What is a counsel de oficio?
the plea will change the theory of the Counsel de oficio is counsel
case and will put all of the past appointed by the court to represent and
proceedings to waste. Therefore, it may defend the accused in case he cannot
only be withdrawn with permission of afford to employ one himself.
the court.
 Who can be appointed as counsel de
 X is charged with homicide. He oficio?
pleads guilty, but tells the judge “hindi The court, considering the gravity of
ko sinasadya.” Is his plea valid? the offense and the difficulty of the
No. In order to be valid, the plea questions that may arise shall appoint as
of guilty must be unconditional. In this counsel de oficio:
case, when X said “hindi ko sinasadya,” 1. Members of the bar in good
he made a qualified plea of guilty. This standing
is not a valid plea of guilty. A plea of not 2. Who by reason of their experience
guilty should be entered instead. and ability, can competently
defend the accused.
 When a defendant appears without
an attorney during arraignment, what But, in localities where such members of
should the court do? the bar are not available, the court may
appoint any person who is:
The court has a four-fold duty: 1. Resident of the province
1. It must inform the defendant that 2. Of good repute for probity and
he has a right to an attorney ability to defend the accused.
BEFORE BEING ARRAIGNED;
2. After informing him, the court  What is the difference between the
must ask the defendant if he duty of the court to appoint counsel de
desires to have the aid of an oficio during arraignment and during
attorney; trial?
3. If he desires and is unable to During arraignment, the court
employ an attorney, the court has the affirmative duty to inform the
must assign an attorney de officio accused of his right to counsel and to
to defend him; provide him with one in case he cannot
afford it. The court must act on its own
10
volition, unless the right is waived by the seek to obtain the presence of the
accused. prisoner for trial.
On the other hand, during trial, it 4. When the person having custody
is the accused who must assert his right of the prisoner receives from the
to counsel. The court will not act unless public attorney a properly
the accused invokes his rights. supported request for the
availability of the prisoner for
 Can a non-lawyer represent the purposes of the trial, the prisoner
accused during arraignment? shall be made available
No. During arraignment, it is the accordingly.
obligation of the court to ensure that the
accused is represented by a lawyer  What is a bill of particulars?
because it is the first time when the It is a more specific allegation. A
accused is informed of the nature and defendant in a criminal case who
cause of the accusation against him. This believes or feels that he is not sufficiently
is a task which only a lawyer can do. informed of the crime with which he is
But during trial, there is no such charged and not in a position to defend
duty. The accused must ask for a lawyer, himself properly and adequately could
or else, the right is deemed waived. He move for a bill or particulars or
can even defend himself personally. specifications.

 May an accused be validly  What is the purpose of a bill of

represented by a non-lawyer at the particulars?
trial? It is to allow the accused to
If the accused knowingly engaged prepare for his defense.
the services of the non-lawyer, he is
bound by the non-lawyer’s actions. But  When can the accused move for a bill
if he did not know that he was being of particulars?
represented by a non-lawyer, the
judgment is void because of the The accused must move for a bill
misrepresentation. of particulars before arraignment.
Otherwise, the right is deemed waived.
 What are the duties of the pubic
attorney if the accused assigned to him  What should be contained in the
is imprisoned? motion for a bill or particulars?
1. He shall promptly undertake to It should specify the alleged
obtain the presence of the prisoner defects of the complaint or information
for trial, or cause a notice to be and the details desired.
served on the person having
custody of the prisoner, requiring  What is the right to modes of
such person to advise the prisoner discovery?
of his right to demand trial. It is the right of the accused to
2. Upon receipt of that notice, the move for the production or inspection or
person having custody of the material evidence in the possession of
prisoner shall promptly advise the the prosecution. It authorizes the
prisoner of the charge and of his defense to inspect, copy, or photograph
right to demand trial. any evidence of the prosecution in its
3. Upon receipt of such notice, the possession after obtaining permission of
public attorney shall promptly the court.
11
 At any time before entering his
 What is the purpose of this right? plea, the accused may move to quash the
The purpose is to prevent surprise complaint or information.
to the accused and the suppression or
alteration of evidence.  What is the form required for a
motion to quash? (SIS)
 Is this right available during 1. Signed by the accused or his
preliminary investigation? counsel.
Yes, when indispensable to 2. In writing.
protect his constitutional right to life, 3. Specify its factual and legal
liberty, and property. (Webb v. de Leon) grounds.

 What are the grounds for suspending  Can the court dismiss the case based
arraignment? (SPP) on grounds that are not alleged in the
1. If the accused appears to be motion to quash?
Suffering from an unsound As a general rule, NO. The court
mental condition, which renders cannot consider any ground other than
him unable to fully understand those stated in the motion to quash. The
the charge against him and to exception is lack of jurisdiction over the
plead intelligently thereto. The offense charged.
court should order his mental
examination and his confinement,  What are the grounds that the
if necessary. accused may invoke to quash a
2. If there exists a Prejudicial complaint or information?
question.
3. If a Petition for review of the 1. That the facts charged do not
resolution of the prosecutor is constitute an offense;
pending either at the DOJ or the 2. That the court trying the case has
Office of the President. However, no jurisdiction over the offense
the period of suspension shall not charged;
exceed 60 days counted from the 3. That the court trying the case has
filing of the petition for review. no jurisdiction over the person of
the accused;
 What is the test to determine whether 4. That the officer who filed the
the insanity of the accused should information had no authority to
warrant the suspension of the do so;
proceedings? 5. That it does not conform
The test is whether the accused substantially to the prescribed
will have a fair trial with the assistance form;
of counsel, in spite of his insanity. Not 6. That more than one offense is
every aberration of the mind or charged except when a single
exhibition of mental deficiency is punishment for various offenses is
sufficient to justify suspension. prescribed by law (duplicitous);
7. That the criminal action or
RULE 117 MOTION TO QUASH liability has been extinguished;
8. That it contains averments which,
 When can the accused file a motion if true, would constitute a legal
to quash? excuse or justification;

12
 9. That the accused has been accused is deemed to have submitted
previously convicted or acquitted himself to the jurisdiction of the court.
of the offense charged, or the case
against him was dismissed or  What happens if the defendant
otherwise terminated without his enters his plea before filing a motion to
express consent. (double quash?
jeopardy) By entering his plea before filing
the motion to quash, the defendant
 X filed a motion to quash an waives FORMAL objections to the
information on the ground that he was complaint or information.
in the US when the crime charged was
committed. Should the motion be But if the ground for the motion is any of
granted? the following, there is no waiver. The
The motion should be denied. ground may be raised at any stage of the
The accused is already making a defense. proceeding: FLED
Matters of defense are generally not a
ground for a motion to quash. They 1. Failure to charge an offense
should be presented at the trial. 2. Lack of jurisdiction over the
offense
 What is meant by the statement that 3. Extinction of criminal liability
“a motion to quash hypothetically 4. Double jeopardy
admits allegations of fact in the
information”?  How is criminal liability
It means that the accused argues extinguished?
that assuming that the facts charged are Under Article 89 of the RPC, criminal
true, the information should still be liability is extinguished by: DAS MAPP
dismissed based on the ground invoked 1. Death of the convict, and as to
by the defendant. pecuniary penalties, liability
therefor is extinguished only
 Can the accused move to quash on when the death of the offender
the ground that he was denied due occurs before final judgment;
process? 2. Amnesty;
No. Denial of due process is not 3. Service of sentence;
one of the grounds for a motion to 4. Marriage of the offended woman,
quash. as provided in Article 344 of the
RPC.
 X filed a motion to quash on the 5. Absolute pardon;
following grounds: that the court 6. Prescription of the crime;
lacked jurisdiction over the person of 7. Prescription of the penalty;
the accused and that the complaint
charged more than one offense. Can  What is the effect of the death of the
the court grant the motion on the offended party on the criminal liability
ground of lack of jurisdiction over the of the accused?
person of the accused? Where the offense charged in a
No. A motion to quash on the criminal complaint or information is one
ground of lack of jurisdiction over the against the state, involving peace and
person of the accused must be based order, the death of the offended party
only on this ground. If other grounds before final conviction of the defendant
are included, there is a waiver, and the will not abate the prosecution. Neither
13
does the death of the offended party in s the the
private crimes abate the prosecution. offense offender
(looks from the
 What are the means by which backwar consequen
criminal liability is partially d) ces of the
extinguished? offense
1. Conditional pardon (looks
2. Commutation of sentence forward)
3. For good conduct, allowances WHEN IT Before or Only after
which the culprit may earn while MAY BE after conviction
he is serving his sentence GRANTED prosecuti by final
on judgment
 What are the distinctions between
pardon and amnesty?  What is the effect of absolute pardon
upon criminal liability?
AMNES PARDON Absolute pardon blots out the
TY crime. It removes all disabilities
TYPE OF Political Infractions resulting from the conviction, such as the
OFFENSE offenses of the political rights of the accused.
peace
(common  What is the effect of pardon by the
crimes) offended party upon criminal liability?
BENEFICIAR Classes An As a general rule, pardon by the
Y of individual offended party does not extinguish
persons criminal liability. Only civil liability is
CONCURRE Necessar Not extinguished by express waiver of the
NCE OF y necessary offended party.
CONGRESS
ACCEPTANC Beneficia Need for However, pardon granted before
E ry need distinct the institution of the criminal
not acts of proceedings in cases of adultery,
accept acceptance concubinage, seduction, abduction, and
on the part acts of lasciviousness shall extinguish
of the criminal liability.
pardonee
JUDICIAL Courts Courts do  What is the effect of marriage of the
NOTICE take not take offender with the offended party in
judicial judicial private crimes?
notice notice It shall extinguish the criminal
because because it action or remit the penalty already
it is a is a imposed. This applies even to co-
public private act principals, accomplices, and accessories.
act of the
President. However, where multiple rape is
Therefore, committed, marriage of the offended
it must be party with one defendant extinguishes
proved in the latter’s liability and that of his
court. accessories or accomplices for a single
EFFECT Abolishe Relieves
14
crime of rape cannot extend to the other conviction. The defense cannot be
acts of rape. waived. This is because the criminal
action is totally extinguished by the
 If the offender in rape is the legal expiration of the prescriptive period.
husband of the offended party, how can The State thereby loses or waives its
the husband’s criminal liability be right to prosecute and punish it.
extinguished?
The subsequent forgiveness by the  What is the proper action of the court
wife shall extinguish the criminal action when the accused raises the defense of
or the penalty. But the penalty shall not prescription?
be abated if the marriage is void ab The proper action for the court is
initio. to exercise its jurisdiction and to decide
the case upon the merits, holding the
 Why is prescription a ground for a action to have prescribed and absolving
motion to quash? the defendant. The court should not
This is meant to exhort the inhibit itself because it does not lose
prosecution not to delay; otherwise, they jurisdiction over the subject matter or the
will lose the right to prosecute. It is also person of the accused by prescription.
meant to secure the best evidence that
can be obtained.  What is the effect of prescription of
the offense on the civil liability of the
 What are the prescriptive periods of accused?
crimes? The extinction of the penal action
does not carry with it the extinction of
OFFENSE PRESCRIPTIVE the civil action to enforce civil liability
PERIOD arising from the offense charged, unless
Punishable by 20 years the extinction proceeds from a
death, reclusion declaration in a final judgment that the
perpetua, or fact from which the civil liability might
reclusion arise did not exist.
temporal
Punishable by 10 years  What should the court do if the
other afflictive accused moves to quash the complaint
penalties or information on grounds that can be
Punishable by 5 years cured by amendment (ex: duplicitous)?
arresto mayor The court should order that the
Libel or other 2 years amendment be made.
similar offenses
Oral 6 months  What should the court do if the
defamation and accused moves to quash on the ground
slander by deed that the facts charged do not constitute
Light offenses 2 months an offense?
The court should give the
 Can the accused still raise prosecution the opportunity to correct
prescription as a defense even after the defect by amendment. If the
conviction? Can the defense of prosecution fails to make the
prescription be waived? amendment, or if, after it makes the
The accused can still raise amendment, the complaint or
prescription as a defense even after information still suffers from the same
15
defect, the court should grant/sustain 2. the first jeopardy must have been
the motion to quash. validly terminated;
3. the second jeopardy must be for
 What is the effect if a motion to the same offense or the second
quash is sustained? offense includes or is necessarily
The court may order that another included in the offense charged in
complaint or information be filed against the first information, or is an
the accused for the same offense, except attempt or a frustration thereof.
if the ground for sustaining the motion
to quash is either:  What are the requisites for the first
1. Extinguishment of the criminal jeopardy to attach? VVACD
liability of the accused 1. Valid complaint or information
2. Double jeopardy. 2. Valid plea
The grant of a motion to quash on 3. Arraignment
these two grounds is a bar to another 4. Court of competent jurisdiction
prosecution for the same offense. 5. Defendant was acquitted,
If the order is made, the accused, if in convicted, or the case was
custody, shall not be discharged unless dismissed without his express
admitted to bail. consent.
If no order is made, or if no new
information was filed within the time  A crime was committed in Makati.
specified by the court, the accused, if in The case was filed in Pasay. When the
custody, shall be discharged. prosecution realized that the complaint
should have been filed in Makati, it
 What is the remedy of the accused if filed the case in Makati. Can the
the court denies his motion to quash? accused invoke double jeopardy?
The accused cannot appeal an No. The court in Pasay had no
order overruling his motion to quash. jurisdiction; therefore, the accused was in
This is because an order denying a no danger of being placed in jeopardy.
motion to quash is interlocutory; it does The first jeopardy did not validly attach.
not dispose of the case upon its merits.
The accused should go to trial and raise  For purposes of double jeopardy,
it as an error on appeal later. when is a complaint or information
 What are the two kinds of jeopardy? valid?
1. No person shall be twice put in A complaint or information is
jeopardy for the same offense. valid if it can support a judgment of
2. When an act is punished by a law conviction. It the complaint or
and an ordinance, conviction or information is not valid, it would violate
acquittal under either shall the right of the accused to be informed of
constitute a bar to another the nature and cause of the accusation
prosecution for the same act. against him. If he is convicted under this
complaint or information, the conviction
 What are the requisites for the is null and void. If the conviction is null
accused to raise the defense of double and void, there can be no first jeopardy.
jeopardy?
To raise the defense of double jeopardy,  X was charged with qualified theft.
the following requisites must be present: X moved to dismiss on the ground of
1. a first jeopardy must have insufficiency of the information. The
attached prior to the second; case was dismissed. Subsequently, the
16
prosecution filed a corrected to trial because important witnesses
information. Can X plead double were unable to appear. Counsel for the
jeopardy? accused moved to dismiss the case. The
No. The first jeopardy did not court dismissed the case provisionally.
attach because the first information was Subsequently, X was charged with theft
not valid. again. Can X invoke double jeopardy?
No. The case was dismissed upon
 X was charged with theft. During the motion of counsel for the accused, so it
trial, the prosecution was able to prove was not dismissed without his express
estafa. X was acquitted of theft. Can X consent. Moreover, the dismissal was
be prosecuted for estafa later without only provisional, which is not a valid
placing him in double jeopardy? termination of the first jeopardy. In
Yes. For jeopardy to attach, the order to validly terminate the first
basis is the crime charged in the jeopardy, the dismissal must have been
complaint or information, and not the unconditional.
one proved at the trial. In this case, the
crime charged in the first information  X was charged with slight physical
was theft. X was therefore placed in injuries. On his motion, the case was
jeopardy of being convicted of theft. dismissed during the trial. Another
Since estafa is not an offense which is case for assault upon a person in
included or necessarily includes theft, X authority was filed against him. Can X
can still be prosecuted for estafa without invoke double jeopardy?
placing him in double jeopardy. No. The first jeopardy was not
terminated through either conviction,
 The estafa case against X was acquittal, or dismissal without the
dismissed, but the dismissal contained express consent of X. The first case was
a reservation of the right to file another dismissed upon motion of X himself.
action. Can another estafa case be filed Therefore, he cannot invoke double
against X without placing him in jeopardy.
double jeopardy?
Yes. To raise the defense of  X was charged with theft. During
double jeopardy, the firs jeopardy must trial, the evidence showed that the
have been validly terminated. This offense committed was actually estafa.
means that there must have been either a What should the judge do?
conviction or an acquittal, or an The judge should order the
unconditional dismissal of the case. A substitution of the complaint for theft
provisional dismissal, such as this one, with a new one charging estafa. Upon
does not validly terminate the first filing of the substituted complaint, the
jeopardy. judge should dismiss the original
Note, however, that in the second complaint.
kind of jeopardy (one act punished by a If it appears at any time before
law and an ordinance), the first jeopardy judgment that a mistake has been made
can only be terminated either by in charging the proper offense, the court
conviction or acquittal, and not by shall dismiss the original complaint or
dismissal of the case without the express information upon the filing of a new one
consent of the accused. charging the proper offense.

 X was charged with theft. On the day

of the trial, the prosecution could not go
17
 What are the requisites for a valid  When is a dismissal of the case, even
substitution of a complaint or with the express consent of the accused,
information? equivalent to an acquittal, which would
1. No judgment has been rendered; constitute a bar to a second jeopardy?
2. The accused cannot be convicted When is it not a bar to a second
of the offense charged or any jeopardy?
other offense necessarily included A dismissal upon motion of the
in the offense charged; accused or his counsel negates the
3. The accused will not be placed in application of double jeopardy because
double jeopardy. the motion of the accused amounts to
express consent, EXCEPT:
 X was charged with homicide. On 1. Ground is insufficiency of
the first day of trial, the prosecution evidence of the prosecution
failed to appear. The court dismissed (demurrer to evidence), or
the case on the ground of violation of 2. Denial of the right to speedy trial.
the right of the accused to speedy trial. In these two cases, even upon motion
X was later charged with murder. Can of the accused, the dismissal amounts to
X invoke double jeopardy? an acquittal and would bar a second
No. The first jeopardy was not jeopardy.
validly terminated. The judge who But if the accused moves to dismiss
dismissed the case on the ground of on the following grounds, he can still be
violation of the right of X to speedy trial prosecuted for the same offense because
committed grave abuse of discretion in he is deemed to have waived his right
dismissing the case after the prosecution against a second jeopardy:
failed to appear once. This is not a valid 1. Lack of jurisdiction (Why?
dismissal because it deprives the Because if you move to dismiss on the
prosecution of due process. When the ground of lack of jurisdiction, it
judge gravely abuses his discretion in means that you could not have been
dismissing a case, the dismissal is not validly convicted by that court. You
valid. Therefore, X cannot invoke double are later estopped from claiming that
jeopardy. you were in danger of conviction).
2. Insufficiency of complaint or
 Distinguish between dismissal and information (Same reason. You
acquittal. could not have been validly convicted
Acquittal is always based on the under that defective information, so
merits. The accused is acquitted because you are estopped from claiming that
the evidence does not show his guilt there was a first jeopardy).
beyond reasonable doubt. Dismissal
does not decide the case on the merits,  When will dismissal or termination
nor does it determine that the accused is of the first case not bar a second
not guilty. Dismissals terminate the jeopardy?
proceedings, either because the court is The conditions when dismissal or
not a court of competent jurisdiction or termination will not place the accused in
the evidence does not show that the double jeopardy are:
offense was committed within the 1. The dismissal must be sought by
territorial jurisdiction of the court, or the the defendant personally or
complaint or information is not valid or through his counsel; and
sufficient in form and substance.

18
 2. Such dismissal must not be on the deemed to have waived his right against
merits and must not necessarily double jeopardy if he expressly consents
amount to an acquittal. to the dismissal.

 Before the prosecution could finish  X was charged with murder. The
presenting its evidence, the accused prosecution moved to dismiss the case.
filed a demurrer to evidence. The court Counsel for X wrote the words “No
granted the motion and dismissed the objection” at the bottom of the motion
case on the ground of insufficiency of to dismiss and signed it. Can X invoke
evidence of the prosecution. Can the double jeopardy later on?
accused be prosecuted for the same No. X is deemed to have
offense again? expressly consented to the dismissal of
Yes. There was no double the case when his counsel wrote “No
jeopardy because the court exceeded its objection at the bottom of the motion to
jurisdiction in dismissing the case even dismiss. Since the case was dismissed
before the prosecution could finish with his express consent, X cannot
presenting evidence. It denied the invoke double jeopardy.
prosecution of its right to due process.
Because of this, the dismissal is null and  X was charged with murder. After
void and cannot constitute a proper basis the prosecution presented its evidence,
for a claim of double jeopardy. X filed a motion to dismiss on the
ground that the prosecution failed to
 The prosecutor filed an information prove that the crime was committed
against X for homicide. Before X could within the territorial jurisdiction of the
be arraigned, the prosecutor withdrew court. The court dismissed the case.
the information, without notice to X. The prosecution appealed. Can X
The prosecutor then filed an invoke double jeopardy?
information against X for murder. Can No. X cannot invoke double
X invoke double jeopardy? jeopardy. The dismissal was upon his
No. X has not yet been arraigned own motion, so it was with his express
under the first information. Therefore, consent. Since the dismissal was with his
the first jeopardy did not attach. A nolle express consent, he is deemed to have
prosequi or dismissal entered before the waived his right against double
accused is placed on trial and before he jeopardy. The only time when a
pleads is not equivalent to an acquittal dismissal, even upon motion of the
and does not bar a subsequent accuse, will bar a second jeopardy is if it
prosecution for the same offense. is based either on insufficiency of
evidence or denial of the right of the
 If the accused fails to object to the accused to speedy trial. These are not
motion to dismiss the case filed by the the grounds invoked by X, so he cannot
prosecution, is he deemed to have claim double jeopardy.
consented to the dismissal? Can he still
invoke double jeopardy?  X was charged with homicide. X
No. Silence does not mean moved to dismiss on the ground that
consent to the dismissal. If the accused the court had no jurisdiction. Believing
fails to object or acquiesces to the that it had no jurisdiction, the judge
dismissal of the case, he can still invoke dismissed the case. Since the court, in
double jeopardy, since the dismissal was fact, had jurisdiction over the case, the
still without his express consent. He is prosecution filed another case in the
19
same court. Can X invoke double or refuses to testify against his co-
jeopardy? accused in accordance with his sworn
No. X is estopped from claiming statement constituting the basis for the
that he was in danger of being convicted discharge, he can be prosecuted again.
during the first case, since he had himself
earlier alleged that the court had no  Can a person accused of estafa be
jurisdiction. charged with violation of BP22 without
placing him in double jeopardy?
 X was charged with homicide. The Yes. Where two different laws
court, believing that it had no define two crimes, prior jeopardy as to
jurisdiction, motu propio dismissed the one of the, is no obstacle to a prosecution
case. The prosecution appealed, of the other although both offenses arise
claiming that the court, in fact, had from the same facts, if each crime
jurisdiction. Can X invoke double involves some important act which is not
jeopardy? an essential element of the other. Other
Yes. When the trial court has examples: Illegal recruitment and estafa,
jurisdiction but mistakenly dismisses the illegal fishing and illegal possession of
complaint or information on the ground explosives, alarm and scandal and illegal
of lack of it, and the dismissal was not at discharge of firearms, brigandage and
the request of the accused, the dismissal illegal possession of firearms, consented
is not appealable because it will place the abduction and qualified seduction.
accused in double jeopardy. But take note of the following:
Conviction for less serious
 X was charged with rape. X moved to physical injuries bars prosecution for
dismiss on the ground that the assault upon a person in authority.
complaint was insufficient because it Reckless imprudence resulting in
did not allege lewd designs. The court damage to property and serious or less
dismissed the case. Later, another case serious physical injuries is only one
for rape was filed against X. Can X offense. If it is slight physical injuries, it
invoke double jeopardy? can be broken down into two offenses,
No. Like the previous problem, X since a light offense cannot be
is estopped from claiming that he could complexed.
have been convicted under the first
complaint. He himself moved to dismiss  X installed a jumper cable which
on the ground that the complaint was allowed him to reduce his electricity
insufficient. He cannot change his bill. He was prosecuted for violating a
position and now claim that he was in municipal ordinance against
danger of being convicted under that unauthorized installation of the device.
complaint. He was convicted. Can he still be
prosecuted for theft?
 X was charged with murder, along No. Under the second type of
with three other people. X was jeopardy, when an act is punished by a
discharged as a state witness. Can X be law and an ordinance, conviction or
prosecuted again for the same offense? acquittal under once will bar a
It depends. As a general rule, an prosecution under the other. (But
order discharging an accused as a state remember, that there has to be either
witness amounts to an acquittal, and he conviction or acquittal. Dismissal without
is barred from being prosecuted again the express consent of the accused is not
for the same offense. However, if he fails sufficient).
20
 with homicide. This is a supervening
 What are the exceptions to double fact. But if the act of X was not the
jeopardy? When can the accused be proximate cause of death, he cannot be
charged with a second offense which charged with homicide.
necessarily includes the offense
charged in the former complaint or  X was charged with reckless
information? imprudence resulting in homicide and
The conviction of the accused shall was acquitted. The heirs of the victim
not be a bar to another prosecution for an appealed the civil aspect of the
offense which necessarily includes the judgment. X claims that the appeal will
offense charged in the former complaint place him in double jeopardy. Is X
or information under any of the correct?
following circumstances: No. There was no second
1. Graver offense developed due to jeopardy. What was elevated on appeal
supervening facts arising from the was the civil aspect of the case, not the
same act or omission constituting criminal aspect. The extinction of
the former charge; criminal liability whether by prescription
2. Facts constituting the graver or by the bar of double jeopardy does not
charge became known or were carry with it the extinction of civil
discovered only after a plea was liability arising from the offense charged.
entered in the former complaint or
information;  X was charged with murder and was
3. Plea of guilty to the lesser offense acquitted. Can the prosecution appeal
was made without the consent of the acquittal?
the prosecutor and the offended
party except if the offended party No. The prosecution cannot
fails to appear at the arraignment. appeal the acquittal, since it would place
the accused in double jeopardy.
 What is the doctrine of supervening Even if the decision of acquittal was
fact? erroneous, the prosecution still cannot
appeal the decision. It would still place
If, after the first prosecution, a the accused in double jeopardy.
new fact supervenes on which the
defendant may be held liable, altering  When can the prosecution appeal
the character of the crime and giving rise despite the dismissal or termination of
to a new and distinct offense, the accused the case?
cannot be said to be in second jeopardy if As a general rule, the dismissal or
indicted for the new offense. termination of the case after arraignment
and plea of the defendant to a valid
 X was charged with frustrated information shall be a bar to another
homicide. There was nothing to prosecution for the same offense, an
indicated that the victim was going to attempt or frustration thereof, or one
die. X was arraigned. Before trial, the included or which includes the previous
victim dies. Can X be charged with offense. The exceptions are:
homicide?
It depends. If the death of the 1. If the dismissal of the first case
victim can be traced to the acts of X, and was made upon motion or with
the victim did not contribute to his death the express consent of the
with his negligence, X can be charged defendant, unless the grounds are
21
 insufficiency of evidence or denial year without the case having been
of the right to speedy trial; revived.
2. If the dismissal is not an acquittal For offenses punishable by
or based upon consideration of imprisonment of more than 6 years, the
the evidence or of the merits of provisional dismissal shall become
the case permanent after 2 years without the case
3. The question to be passed upon having been revived.
by the appellate court is purely After the provisional dismissal
legal so that should the dismissal becomes final, the accused cannot be
be found incorrect, the case would prosecuted anymore.
have to be remanded to the court
of origin for further proceedings RULE 118 PRE-TRIAL
to determine the guilt or
innocence of the accused.  When is pre-trial required?
Pre-trial is mandatory in all
 What is the effect of the appeal by criminal cases cognizable by the
the accused? Sandiganbayan, RTC, MTCs and
If the accused appeals, he waives Municipal Circuit Trial Courts.
his right against double jeopardy. The
case is thrown wide open for review and  When should it be conducted?
a penalty higher than that of the original After arraignment and within 30
conviction could be imposed upon him. days from the date the court acquires
 What should the accused do if the jurisdiction over the person of the
court denies the motion to quash on the accused.
ground of double jeopardy?
He should plead not guilty and  What happens during pre-trial?
reiterate his defense of former jeopardy. The following things are considered:
In case of conviction, he should appeal POMM SW
from the judgment, on the ground of 1. Plea bargaining
double jeopardy. 2. Other matters that will promote a
fair and expeditious trial of the
 When can a case be provisionally criminal and civil aspects of the case
dismissed? 3. Modification of the order of trial if
A case can only be dismissed the accused admits the charge but
provisionally if the accused expressly interposes a lawful defense
consents, and with notice to the offended 4. Marking for identification of
party. Provisional dismissal does not evidence of the parties
place the accused in double jeopardy. 5. Stipulation of facts
But, if the accused objects to the 6. Waiver of objections to admissibility
provisional dismissal, a revival of the of evidence
case would place him in double
jeopardy.  What is the form required for the
pre-trial agreement?
 When does the provisional dismissal Any agreement or admission entered
become final? into during the pre-trial conference
The provisional dismissal of should be: SIS
offenses punishable by imprisonment 1. Signed by the accused
exceeding 6 years or a fine of any 2. In writing
amount shall become permanent after 1 3. Signed by counsel
22
Otherwise, it cannot be used against the trial, except if authorized by the Supreme
accused. Court.
 In which cases is the time limitation
 What is a pre-trial order? not applicable?
It is an order issued by the court after
the pre-trial conference containing: REF 1. Criminal cases covered by the
Rule on Summary Procedure or
1. Recital of the actions taken, those where the penalty does not
2. Evidence marked. exceed 6 months imprisonment or
3. Facts stipulated a fine of P1,000.
The pre-trial order binds the parties, 2. When the offended party is about
limits the trial to matters not disposed of, to depart with no definite date or
and controls the course of the action return: trial shall commence
during the trial, unless modified by the within 3 days from the date of
court to prevent manifest injustice. arraignment, and cannot be
postponed except on grounds of
 What is plea bargaining? Why is it illness of the accused
encouraged? 3. Child abuse cases: trial shall
It is the disposition of criminal commence within 3 days from
charges by agreement between the arraignment and cannot be
prosecution and the accused. It is postponed except on grounds of
encouraged because it leads to prompt illness of the accused or other
and final disposition of most criminal grounds beyond his control
cases. It shortens the time between 4. Violations of Dangerous Drugs
charge and disposition and enhances Law: trial shall be finished within
whatever may be the rehabilitative 3 months from filing of the
prospects of the guilty when they are information.
ultimately imprisoned. 5. Kidnapping, Robbery in a band,
Robbery against a Banking or
 When is plea bargaining not Financial Institution, Violation of
allowed? the Carnapping Act, and other
It is not allowed under the heinous crimes: trial shall be
Dangerous Drugs Act where the finished within 60 days from the
imposable penalty is reclusion perpetua first day of trial.
to death.
 What are the periods that should be
RULE 119 TRIAL excluded in computing the time within
which trial must commence?
 How much time does the accused
have to prepare for trial? 1. Any period of delay resulting
After he enters his plea of not from other proceedings
guilty, the accused shall have at least 15 concerning the accused
days to prepare for trial. The trial shall 2. Any period resulting from the
commence within 30 days from receipt of absence or unavailability of an
the pre-trial order. essential witness.
3. Any period of delay resulting
 How long should the trial last? from mental incompetence or
The entire trial period should not physical inability of the accused
exceed 180 days from the first day of to stand trial.
23
 4. If the information is dismissed 6. Delay resulting from a finding of
upon motion of the prosecution the existence of a prejudicial
and thereafter a charge is filed question
against the accused for the same 7. Delay reasonably attributable to
offense, any period of delay from any period not to exceed 30 days
the date the charge was dismissed during which any proceeding
to the date the time limitation concerning the accused is actually
would commence to run as to the under advisement.
subsequent charge, had there been
no previous charge. (say what?)  When is an essential witness
5. A reasonable period of delay considered absent?
when the accused is joined for When his whereabouts are
trial with a co-accused over unknown or cannot be determined with
whom the court has not acquired due diligence.
jurisdiction, or as to whom the
time for trial has not run and not  When is an essential witness
motion for separate trial has been considered unavailable?
granted. When his whereabouts are known
6. Any period of delay from a but his presence at the trial cannot be
continuance granted by any court obtained with due diligence.
motu propio, or on motion of
either the accused or his counsel,  What are the factors for granting a
or the prosecution, if the court continuance/postponement?
granted it on the basis of finding 1. Whether or not the failure to grant
that the ends of justice served by a continuance in the proceeding
taking such action outweigh the would likely make a continuation
best interest of the public and the of such proceeding impossible or
accused in a speedy trial. result in a miscarriage of justice;
and
 What are examples of other 2. Whether or not the case taken as a
proceedings concerning the accused whole is so novel, unusual, and
which should be excluded from the complex, due to the number of
computation of time? accused or the nature of the
1. Delay resulting from an prosecution, or that it is
examination of the physical and unreasonable to expect adequate
mental condition of the accused; preparation within the periods of
2. Delay resulting from proceedings time established therein.
with respect to other criminal
charges against the accused; No continuance shall be granted
3. Delay resulting from because of congestion of the court’s
extraordinary remedies against calendar or lack of diligent
interlocutory orders; preparation or failure to obtain
4. Delay resulting from pre-trial available witnesses on the part of the
proceedings, provided that the prosecutor.
delay does not exceed 30 days;
5. Delay resulting from orders of  Is the grant of a motion for
inhibition, or proceedings relating continuance or postponement a matter
to change of venue of cases or of right?
transfer from other courts;
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 No. It is a matter of discretion on charged is not present. It is incumbent
the part of the court. upon the prosecution to prove the
existence of this element.
 If the accused is not brought to trial Affirmative defense, the accused
within the time limit required, what is admits the act or omission charged, but
the remedy? interposes a defense, which if proven,
The accused should move to would exculpate him.
dismiss the information of the ground of
denial of his right to speedy trial. He  Who may examine a defense witness?
shall have the burden of proving the Who may examine a prosecution
motion, but the prosecution shall have witness?
the burden of proving that the delay was A defense witness may be
covered by the allowed exclusions of examined by any judge or by any
time. If the complaint or information is member of the bar in good standing
dismissed, the accused can plead double designated by the judge, or before an
jeopardy to a subsequent prosecution. inferior court.
A prosecution witness may only
 What is the order of trial? be examined before the judge of the
The trial proceeds in the following order: court where the case is pending.

1. The prosecution shall present  If there are two or more accused,

evidence to prove the charge and should they be tried jointly or
civil liability, if proper. separately?
2. the accused may present evidence As a general rule, when two or
to prove his defense and damages, more accused are jointly charged with an
if any, arising from the issuance of offense, they should also be tried jointly.
a provisional remedy in the case. However, the court, in its discretion and
3. The prosecution and the defense upon motion of the prosecutor or any
may, in that order, present accused, may order separate trial for one
rebuttal and sur-rebuttal of the accused.
evidence, unless the court, in
furtherance of justice, permits  What happens to the evidence
them to present additional presented in the trial of the other
evidence bearing upon the main accused if a separate trial is granted?
issue. When a separate trial is
4. Upon admission of the evidence demanded and granted, it is the duty of
of the parties, the case shall be the prosecution to repeat and produce all
deemed submitted for decision its evidence at each and every trial,
unless the court directs them to unless it had been agreed by the parties
argue orally or to submit written that the evidence for the prosecution
memoranda. would not have to be repeated at the
second trial and all the accused had been
 Distinguish between a negative present during the presentation of the
defense and an affirmative defense. evidence of the prosecution and their
A negative defense requires the attorney had the opportunity to cross-
prosecution to prove the guilt of the examine the witnesses for the
accused beyond reasonable doubt. In a prosecution.
negative defense, the accused claims that
one of the elements of the offense
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 X, a public officer, was charged with committed, except the testimony
malversation of public funds in of the said accused;
conspiracy with Y, a civilian. Should 2. There is Absolute necessity for the
they both be tried in the testimony of the accused whose
Sandiganbayan? discharge is requested;
Yes. In case private individuals 3. The Testimony of said accused
are charged as co-principals, can be substantially corroborated
accomplices, or accessories with public in its material points;
officers, they shall be tried jointly with 4. Said Accused does not appear to
said public officers in the proper courts be the most guilty;
which shall exercise exclusive 5. Said Accused has not at any time
jurisdiction over them. been convicted of any offense
involving moral turpitude.
 What is a state witness?
A state witness is one of two or  Can the court grant the discharge
more persons jointly charged with the before the prosecution has finished
commission of a crime but who is presenting all its evidence?
discharged with his consent as such No. The court should resolve any
accused so that he may be a witness for motion to discharge only after the
the State. prosecution has presented all of its
evidence since it is at this time when the
 When should the application for court can determine the presence of the
discharge of the state witness be made? requisites above.
It should be made upon motion of
the prosecution before resting its case.  What is the meaning of “absolute
necessity” of the testimony of the
proposed state witness?
It means that there is no other
evidence to establish the offense other
than the testimony of the accused.

 What is the remedy of the

prosecution if the court denies the
motion to discharge?
The State can file a petition for
certiorari.

 What are the effects of the discharge?

1. Evidence in support of the
discharge become part of the
trial. But if the court denies the
motion to discharge, his sworn
 What are the requisites in order for a statement shall be inadmissible in
person to be discharged as a state evidence.
witness? NATAA 2. Discharge of the accused operates
1. There is No direct evidence as an acquittal and bar to further
available for the proper prosecution for the same offense,
prosecution of the offense EXCEPT if he fails or refuses to
testify against his co-accused in
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 accordance with his sworn It is a motion to dismiss the case
statement constituting the basis of filed by the defense after the prosecution
the discharge. In this case, he can rests on the ground of insufficiency of
be prosecuted again AND his the evidence of the prosecution.
admission can be used against
him.  What are the ways by which a case
may be dismissed on the basis of
 What happens if the court insufficiency of evidence of the
improperly or erroneously discharges prosecution?
an accused as state witness (ex. he has There are two ways:
been convicted pala of a crime 1. The court may dismiss the case on
involving moral turpitude)? its own initiative after giving the
The improper discharge will not prosecution the right to be heard;
render inadmissible his testimony nor or
detract from his competency as a 2. Upon demurrer to evidence filed
witness. It will also not invalidate his by the accused with or without
acquittal because the acquittal becomes leave of court.
ineffective only if he fails or refuses to
testify.  How do you file a demurrer to
evidence with leave of court?
 What happens when the original Within 5 days after the
information under which an accused prosecution rests, the accused should file
was discharged is later amended? a motion for leave of court to file a
A discharge under the original demurrer to evidence. In the motion for
information is just as binding upon the leave of court, he should state his
subsequent amended information, since grounds. The prosecution shall have 5
the amended information is just a days within which to oppose the motion.
continuation of the original. If the leave of court is granted, the
accused shall file the demurrer to
 Can the other conspirators be evidence within 10 days from notice of
convicted solely on the basis of the the grant of leave of court. The
testimony of the discharged state prosecution may oppose the demurrer to
witness? evidence within 10 days from its receipt
No. There must be other evidence of the demurrer.
to support his testimony. The testimony
of a state witness comes from a polluted  What is the effect of filing the
source and must be received with demurrer to evidence with leave of
caution. It should be substantially court?
corroborated in its material points. If the court grants it, the case is
dismissed.
 When can different offenses be tried If the court denies the demurrer to
jointly? evidence filed with leave of court, the
When the offenses are founded on accused may still adduce evidence in his
the same facts or form part of a series of defense.
offenses of similar character, the court  What is the effect of filing the
has the discretion to consolidate and try demurrer to evidence without leave of
them jointly. court?
 What is a demurrer to evidence? If the court denies the demurrer to
evidence without leave of court, the
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accused is deemed to have waived his
right to present evidence and submits the
case for judgment on the basis of the
evidence of the prosecution. This is
because demurrer to evidence is not a
matter of right but is discretionary on the
court. You have to ask for its permission
before filing it, or else you lose certain
rights.

 What is the remedy of the accused if

the demurrer to evidence is denied?
As a general rule, there can be no
appeal or certiorari from the denial of the
demurrer to evidence, since it is an
interlocutory order, which does not pass
judgment on the merits of the case. The
codal says that there is no certiorari, but
J. Sabio says that if there was grave
abuse of discretion, there can be
certiorari.

 When can a case be reopened?

At any time before finality of
judgment of conviction, the judge may
reopen the case either on his own
volition or upon motion, with hearing in
either case, in order to avoid a
miscarriage of justice.
The proceedings should be
terminated within 30 days from the
order granting the reopening of the case.

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