RULE 118-120
available, what should be warranted?
What cases are referred to under JDR?
Is pre-trial mandatory?
YES. Anything agreed upon in the pre-trial
will govern the proceedings in the case. So
if you did not raise an issue during pre-
trial, it cannot be raised as an issue lat-
er on.
PROCEDURE:
Filing of information
Set for arraignment (notice of arraignment
with pre-trial)
Simultaneous with arraignment is the pre-
trial
Mediation
JDR
Pre-Trial
Do you need to file a pre-trial brief be-
fore the conduct of the trial?
No. In civil cases it is required.
What is the consequence if there is no ap-
pearance during the pre-trial?
Court may impose sanctions as to counsels.
Accused not required to be present.
In civil cases Rule 18 Sec 5 and Sec 6
Sec 5: The failure of the plaintiff to ap-
pear when so required pursuant to the next
preceding section shall be cause for dis-
missal of the action. The dismissal shall
be with prejudice, unless otherwise ordered
by the court. A similar failure on the part
of the defendant shall be cause to allow
the plaintiff to present his evidence ex
parte and the court to render judgment on
the basis thereof
Sec 6: Failure to file the pre-trial brief
shall have the same effect as failure to
appear at the pre-trial.
Is this also applicable in criminal cases?
No! Violation of the right of the accused
Under the judicial affidavit rule (JAR),
when should it be filed?
5 days before pre-trial. You must submit
already ALL the judicial affidavits of your
witnesses.
What should be contained in the JA?
1. name of the witness
2. address
3. lawyer conducting
4. circumstances showing how he gathered
the answer of the witness
5. lawyer’s attestation: that he examined
under oath and did not coach the witness
Documents to be attached - If original not
That they are faithful reproduction of the
original
Effect of failure to comply with JAR?
not considered
But can you correct your mistake? How many
times?
Yes. Once only.
Is there a fine or penalty?
P1,000 - P5,000
Does it apply to criminal cases?
Yes
Is there limitation?
Yes.
a. cases where imposable penalty is not ex-
ceeding 6 years
b. with consent of the accused (exceeds 6
years)
c. as to civil aspect
Under the Rules on Continuous Trial, it
provides that they will use the counter af-
fidavits. Is there a mention for the need
of the consent of the accused if they will
submit JA?
None
However, there are instances when there are
no counter affidavits. So did the Rules on
Continuous Trial repealed JAR?
No. What is provided vis-a-vis the 2 rules
is that you may use counter affidavits, but
in the absence of such, use JA provided
that if it is more than 6 years then obtain
consent of the accused
Service of JA how done?
personal service or licensed courier ser-
vice (NOT registered mail)
Lalamove NOT a licensed courier
JA is in lieu of direct examinations, why?
bacause sometimes witnesses no longer want
to testify
What is plea bargaining?
Plea to a lesser offense necessarily in-
cluded in the offense charged with the con-
sent of prosecution and offended party and
with approval of court.
Pre-Trial Agreement vs Pre-Trial Order
there is no pre-trial agreement in civil
cases only in criminal.
Who should sign the pre-trial agreement?
Accused

Plea bargaining under drug cases. Explain.
Case of Zaldivar.
Under JAR, all statements of witnesses must
be already submitted, otherwise deemed
waived. Entire case should be prepared be-
fore pre-trial. Because sometimes people
file baseless case, then during trial they
will ask for reset because they will still
look for witnesses.
Importance of PRE-TRIAL
1. Plea bargaining
2. Stipulation of facts
 when you go to trial you can’t
speculate or assume facts
 everything must be proven (juris-
diction of court, venue, etc)
 example: rape victim and there’s a
medico legal report, you cannot
just submit it, someone has to
testify on the documentary evi-
dence (kasi paano if ginawa sa
Recto. someone has to say that it
is the document he executed)
 identity of accused must be proved
 parties can agree on the facts al-
ready. example: Juan Dela Cruz
mentioned is the accused.
 it may establish the elements of
the crime already
 judicial admissions: made in the
proceedings of the court, cannot
be denied, does not require proof,
no need to present evidence kaya
bibilis ang proceedings
 the facts agreed are no longer in
dispute
 what if did not speak? only made
body language? then say “may we
state of record that counsel is
noding” etc.
3. Marking for identification of evidence
4. Waiver of objections
5. Modification of trial
6. Others that will expediate proceedings
What happens in Direct Examination?
- identify and authenticate the stipulated
facts
- example: rape victim present in court the
statement made by her
- Rule 132 Sec 10:
1. Leading question: question that sug-
gests to the witness the answer. It is not
allowed except generally answerable by Yes
or No. you cannot ask something that has no
basis. Info came from witness.
a. cross examination
b. preliminary matters
c. child witness
Example: why are you testifying? if you
know, where is Mr. X? you mentioned checks,
when was it issued? what happened next, if
any? apart from your testimony, what other
evidence do you have, if any to prove that
the check you mentioned was dishonored? if
shown a copy of this document, will you be
able to identify it? can you go over it and
tell us what is the relation of this docu-
ment with thr document you earlier men-
tioned, if any? there appears to be a sig-
nature here, can you go over it and tell us
if you know whose signature this is? (as to
accused’s signature: Q: there appears to be
a signature here, can you go over it and
tell us if you know whose signature this
is? A: signature of defendant. Q: How did
you know? A: because I saw hm sign). Your
Honor may we have this contract of loan be
marked as our Exhibit A, signature as Ex-
hibit A-1.
If JA: do you recall that you executed a
judicial affidavit in connection with this
case, if any? YES. if shown a copy, will
you be able to identify it. Do you affirm
and confirm the contents? Yes.
2. Misleading: assumes as true a fact
not yet testified to by the witnesses
Instances when there will be reversed order
of trial?
accused pleads guilty. BUT subject to the
discretion of the court
Prohibited motions? Rule on Continuous Tri-
al
Court must rule on the case within what?
Based on Constitution
RTC: 180 days. is it mandatory? YES.
Periods to be excluded in the counting of
period for trial?
Duties of PAO?
Public attorney must give notice to the
person having custody of prisoner to inform
prisoner that he has a right to demand tri-
al.
Seek to obtain the presence of the accused
Is right to speedy trial waivable? Yes
What acts are subjecto to sanction?
1. Knowingly allows
Case of Ampatuan vs.
Child Witness Rule - who determines the
competency?
Court. Throughout the proceedings.
Can other parties ask questions to deter-
mine competency of the child?
Yes. voir dire questions
depositions to be made?
No. because they are merely for the purpos-
es of corroborating the testimonies
People vs. Mamario

Facilitator vs. Support Person vs. Guardian State witness under DOJ vs. State witness
ad litem under ROC. Requisites? Effects?
pose questions -- emotional support -- best
interests of the child

Testimonial aid vs. Emotionalsecurity item

anatomically correct dolls to help him in
demonstrating -- blanket, toys, dolls

Can public be excuded from the testimony of

the child witness?
Yes.
Exceptions that the state witness not ac-
Child witness can be protected from seeing quitted?
the accused through what? 1. refuses to testify
1. One way mirrors, screens, 2.
2. Live link 3.
3.
Case Maquiran v. Grageda
Live link how made?
1. upon motion Case Estrada vs. People
2. judge has to
3. judge has to grant Differences between examination of witness
for prosec vs. for defense under Rule 119
What is the rape shield rule? Sec 12 and Sec 13?

Can child testify on hearsay matters?

Yes.

Can child witness give narration?

Yes

Can be asked leading questions?

Yes

What is DNA Evidence. People vs Sunga

Deoxyribonucleic acid
What is a biological sample?
DNA Evidence only by court order?
No.
Case of Pacoy vs Cajigal
People vs. Chaves
How may you secure attendance of witnesses?
May ask the court that they post bail
Consolidation of cases is it mandatory?
Discretionary.

Case of Mangerra vs. Risos Basis of the consolidation of cases?

What happens during post conviction DNA Go vs People

Testing.
File Habeas Corpus. Cabarles v. Maceda

3 Requisites Mistake in charging the offense, what hap-

1. biological sample pens?
2. sample exists
3. may modify judgement Is there a violation of jeopardy?
No.
People vs. Webb. Did the court allow the
Instance when public may be excluded from
the trial?
Offensive to decency or public morals. as
to child witness.
Instances when case may be reopened?
Rule 119. SECTION 24. Reopening . — At any
time before finality of the judgment of
conviction, the judge may, motu proprio or
upon motion, with hearing in either case,
reopen the proceedings to avoid a miscar-
riage of justice. The proceedings shall be
terminated within thirty (30) days from the
order granting it.
In filing demurrer to evidence it can be
done with or without leave of court.
Motion for leave to file demurrer to evi-
dence
Judgment vs. Interlocutory order
Can there be oral decision?
No
Parts of decision:
Fallo or dispositive portion:
Ratio decidendi: reason behind the rule
In case of variance, which one prevails?
Dispositive portion because it contains the
ruling
Instances when ratio decidendi prevails?
Case of
RTC Judge who heard the case already re-
tired. Can he still promulgate the judge-
ment?
No. because he is no longer a judge author-
ized to render decision
RTC Judge who heard the case already ap-
pointed at the Court of Appeals. Can he
still promulgate?
No. because he has no jurisdiction in the
RTC Makati
RTC Makati Judge who heard the case al-
ready assigned at RTC Pasig. can he render
the decision?
No. He loses jurisdiction
RTC Makati Branch 1 Judge retired. Branch 2
Judge bacame the acting judge and heard a
case. Thereafter a new judge was appointed
in Branch 1. When he returned to Branch 2,
can he render the judgment of the case he
heard?
Yes. Same RTC of Makati. Case of
What is Probation?
Special privilege granted by the State to a
penitent qualified offender.
What are the requisites?
1. maximum penalty must be less than 6
years and not convicted of subversion or a
crime against national security and public
order
2. filed within the period of perfecting an
appeal
3. accused must waive his right for an ap-
peal
What if RTC decision: accused is a princi-
pal, punishment is RP. On appeal to CA: on-
ly accessory, punishment is only PC. Can
you apply for probation, noting that you
already appealed to CA?
Yes. because at the time of RTC decision,
he is not yet entitled to probation.
If plea of guilty to a non-capital offense,
should accused always be present?
No. light offense only.
What if accused is absent during promulga-
tion?
waiving his right to appeal
Promulgation in absentia. What happens? Do
they read the decision?
Recorded in the criminal docket. then give
notice. If accused want to avail of post
judgment remedies, he cannot automatically
file an appeal. He must first file a motion
for leave to avail of the remedies and al-
lege in the motion the justifiable reasons.
What if court denies it? can he file an ap-
peal or bail?
No.
What if court grants the motion, how many
days to file an appeal?
15 days from the receipt of the decision of
the court granting the motion
If present during promulgation, period of
filing?
15 days from promulgation
Is it required that before you file an ap-
peal there must be a MR first?
No.
If after promulgation, you filed a notice
of appeal, where do you apply for bail af-
ter perfecting an appeal?
court where the records are. tion or TRO

Determine if Interlocutory or Judgment: MR indispensable before availing certiorari

1. MTQ based on failure of the info to EXCEPT: immediately executory orders
state an offense is denied? Interlocutory

2. MTQ based on Prescription is granted?

Judgment

3. Motion for leave to file a demurrer to

evidence is denied? Interlocutory

4. Demurrer to evidence is granted? Judg-

ment

5. MTQ ground of duplicituous offense is

granted? Judgment

Is this a judgment with prejudice? NO.

6. Motion for leave to file demurrer to ev-

idence is denied? Interlocutory.

Remedy?
cant avail immediately of certiorari. 2
remedies: a) file without leave or b) pre-
sent evidence.

7. Motion to quash on the ground of jeop-

ardy is granted? Judgment

Can you file MR to assail that? or Appeal?

No, violates rule on double jeopardy

Remedy? by certiorari provided there is

grave abuse of discretion

Can you appeal interlocutory orders?

NO.

What is the remedy to assail?

by certiorari provided there is no other
PLAIN, SPEEDY, ADEQUATE remedies

Remedy for Judgment?

by Appeal

What if you filed a motion for leave to

file a demurrer to evidence. It was denied.
Then you filed certiorari. Is the mere fact
of filing a certiorari already suspends the
proceedings?
NO. you must file certiorari with prayer
for issuance of injunction or TRO

Example DNA Testing. There was a DNA Test-

ing Order. Judgment or Interlocutory?
Interlocutory

So you filed certiorari. Will that suspend

the proceedings?
NO. Upon filing certiorari, include in
prayer with prayer for issuance of injunc-