RULE 110 Offenses with P.I.

- Filing the complaint w/ the proper officer - Purpose of conducting the requisite PI Other offenses: - Filing the complaint/information directly to: a) MTC and MCTC b) Office of the prosecutor PI is required for offenses w/ penalty of 4 yrs, 2mo, 1 day Cases triable by MTCs not subject to PI because it involves minor offenses. Arrest of a person w/o warrant inquest is required Prescription begins to run from the day of the commission of the violation of the law, and if the same be not known at the time, from the discovery thereof and the institution of judicial proceedings for its investigation and punishment. Interrupted only when proceedings are instituted against the guilty person, and begin to run again if the proceedings are dismissed for reasons not constituting the jeopardy. Criminal prosecutions may not be restrained except in the ff instances: 1) To afford adequate protection to the constitutional rights of the accused 2) When necessary to the orderly administration of justice or to avoid oppression or multiplicity of actions 3) When there is a prejudicial question which is subjudice 4) When the acts of the officers are without or in excess of authority 5) Where the prosecution is under an invalid law, ordinance or regulation 6) When double jeopardy is clearly apparent 7) Where the court has no jurisdiction over the offense 8) Where it is a case of persecution rather than prosecution 9) Where the charges are manifestly false and motivated by lust or vengeance 10) When there is clearly no prima facie case against the accused and a motion to quash on that ground has been denied 11) Preliminary injunction has been issued by the SC to prevent the threatened unlawful arrest of petitioners. Certiorari is not a remedy to restrain prosecution of a case unless there is grave abuse of discretion. Complaint of information 1) Shall be in writing 2) Name of the PP 3) Against all person responsible of the offense Complaint sworn written statement charging a person w/ an offense, subscribed by the offended party, any peace officer, or other public officer charged w/ the enforcement of the law violated. filed in the court or office of the prosecutor for PI. If the complaint is not under oath court requires no jurisdiction over the case

Information accusation in writing charging a person with an offense subscribed by the prosecutor and filed w/ the court. - Subscribe only by the prosecutor - always directly filed in the court

Who must prosecute criminal actions: 1) Under the direction and control of the public prosecutor 2) If no public prosecutor private prosecutor as authorized by the Chief prosecution in writing subject to the approval of the court In concubinage and adultery: - Not prosecuted except upon a complaint by the offended spouse In seduction, abduction and acts of lasciviousness: - Not prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardians - Offended party even if minor has the right to initiate Principle of parens patriae apply only to seduction, abduction and acts of lasciviousness, not to adultery and concubinage. Sufficiency of the complaint or information: 1) Name of the accused is stated 2) Designation of the offense given by the statute 3) Acts or omissions complained of as constituting the offense 4) The name of the offended party 5) The approximate date of the commission of the offense 6) Place where the offense was committed Time is not an element of a crime, unless the law makes it material to establish the crime. Verbal motion to correct the error in the name of the accused is sufficient. Aggravating circumstances cannot be considered unless they are alleged in the complaints or information. Duplicity of the offense a complaint or information must charged only one offense A duplicitous information is a valid indictment if not objected to If there is duplicity in the offense charged, the remedy is to timely file a motion to quash Amendment or substitution a complaint or information may be amended in form and in substance w/o leave of court, at any time before the accused enters his plea. Amendment refers to modification of a complaint or information by the public prosecutor which changes its forms or substance. Only in form if it does not affect or alter the nature of the offense charged. Substantial if it affects.

Difference between amendment and substitution: Amendment apply to both form and substance. Substitution applies only to a substantial changes in the original charge because a new complaint or information is filed. In amendment, no need for another PI. In substitution, there is a need for another PI and the accused has to plea anew Amended info involves the same offense originally charged Substitution presupposes that the new information involves a different offense which does not included in the original charge. Amendment made before the accused enters a plea to the charge. There is no need for a second plea if the amendment is not substantial but only formal. After plea and during trial, a formal amendment may only be made w/ leave of court and if cannot cause prejudice to the rights of the accused. In substitution, the accused shall not be placed in double jeopardy. Restrictions or limitations to amendments: 1) It does not deprived the accused to the right to invoke prescription 2) It does not affect or alter the nature of the offense originally charged 3) It does not involve a change in the basic theory of the prosecution so as to require the accused to undergo any material change or modification in his defense 4) It does not expose the accused to a charge which would call for a higher penalty 5) It does not cause surprise nor deprived the accused of an opportunity to meet the new averment CASES involving VENUE 1) Perjury venue is where the affidavit was presented, not where it is executed 2) KIDNAPPING - where the deprivation of liberty has been carried out 3) Violation of BP Blg. 22 where the check was issued or in the place where it was dishonored. It is a transitory or continuing crime 4) Swindling or estafa where the deceit is perpetrated or if accounting is involved, in the place where the accused is duty-bound to account for the goods misappropriated or where the damage or prejudice is suffered by the victim 5) Violation of conditional pardon where the violation of the conditions was actually committed 6) Theft where the taking was consummated, irrespective of where the stolen things were taken subsequently 7) Falsification where the document was actually falsified irrespective of whether it was or was not used in another place Difference between transitory and continuing offense: Transitory where any of the essential ingredients took place in one or more places, such as estafa, malversation and abduction Continuing one which is consummated in one place, yet by reason of the nature of the offense, the violation

of the law is deemed continuing such as kidnapping and illegal detention where the deprivation of liberty is persistent and continuing from one place to another or libel where the libelous matter is published or circulated from one place to another. An offended party may intervene in the prosecution of a crime except: 1) When no civil liability arises in favor of the private offended party 2) When offended parties are entitled to civil indemnity, but a) waive the right to institute a civil action; b) expressly reserve the right to do so; c) the suit has already been instituted. Grounds when offended party loses his right to intervene in the criminal action: 1) When he waived the civil action 2) When he reserves the right to institute the civil action in a separate case 3) When he has actually filed the civil action separately from the criminal action Independent civil action can be prosecuted separately and independently from criminal action to which they are related.

RULE 111 Prosecution of civil action

The reservation of the right to institute separately the civil action shall be made before the prosecution starts presenting its evidence. Preponderance of evidence independent civil action. sufficient to prove an

After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered into the criminal action. A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action. Prejudicial question a question or issue in a pending civil case similar to or intimately related to the issue raised in a criminal action subsequently filed, whereby the resolution of the former is determinative of the guilt or innocence of the accused in the criminal case, or determinative of the issue of whether or not the criminal action may proceed. Elements of prejudicial question: 1) The previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action 2) The resolution of such issue determines whether or not the criminal action may proceed. Cases where prejudicial question was not considered: 1) Bigamy case, filed by the first wife against the husband 2) Civil action for cancellation of copyright 3) A replevin case, which is a civil action for the recovery of the property 4) Civil action for annulment of a deed of sale 5) Pendency of an intestate proceeding

6) Pendency of an ejectment case 7) Civil action for declaration of the nullity of documents and for damages 8) An action for annulment of marriage 9) An action for a legal separation based on concubinage

Cases when warrant of arrest not necessary: 1) When the accused is already under detention 2) When the complaint or information was filed 3) When offense is punishable by fine only When an accused arrested lawfully w/o warrant - Inquest proceeding is needed Documents in the preliminary investigation: 1) Copies of evidence submitted by the parties 2) affidavit and counter-affidavit and other relevant evidence 3) resolution of the prosecutor recommending the filing of the case Cases NOT requiring PI 1) if filed with the prosecutor involving offense less than 4yrs, 2mo,1day 2) if filed w/ the MTC, and judge find no probable cause after personally evaluating the evidence Probable Cause reasons supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper.

RULE 112 Preliminary Investigation PI an inquiry or proceeding to determine whether there is sufficient ground to engender a well-grounded belief that crime has been committed and the respondent is probably guilty thereof and should be held for trial. Primary objective of PI is to free respondents from the inconvenience, expense, ignominy and stress of defending himself/herself in the course of the formal trial, under the reasonable probability of his or her guilt in a more or less summary proceeding by a competent office designated by law for that purpose. PI is not a part of a trial. A petition for habeas corpus is NOT a proper remedy if the accused was not accorded PI, which he did not waive. The REMEDY is motion to quash MANDAMUS lie to compel a prosecutor to file the information when he refused to do so in spite of the prima facie evidence of guilt of the accused. CERTIORARI NOT a remedy to annul result of PI. Lack of PI is not a ground for a motion to quash. Trial judge has the right to grant or deny the motion for reinvestigation. PI is not an essential part of the information. Officers authorized to conduct PI: 1) Provincial or city prosecutors and their assistants 2) National and regional state prosecutors 3) Other officers as may be authorized by law a) The comelec b) Lawyers designated as special prosecutors c) Special prosecutors of the ombudsman Procedure for PI 1) Filing of complaint 2) Initial action of the investigating officer 3) Submission of counter affidavit 4) Clarificatory hearing 5) Resolution by the prosecutor Contents of sworn certification of investigating officer; 1) That he has personally examined the complainant and his witnesses 2) That there is a reasonable ground to believe that a crime has been committed 3) That the accused is probably guilty thereof 4) That the accused was given an opportunity to submit controverting evidence When warrant of arrest may issue: 1) By the regional trial court w/in 10 days 2) By the municipal trial court 3) When warrant of arrest not necessary

RULE 113 Arrest Arrest the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Rights of a person arrested: 1) shall all times be assisted by a counsel 2) Shall be informed in a language known and to be understood, and has the right to remain silent and have a competent and independent counsel 3) Custodial investigation report shall be reduced in writing 4) Any extrajudicial confession shall be in writing and signed in the presence of a counsel 5) Any waiver by a person arrested or detained shall be in writing 6) Shall be allowed visits by member of the family Proper procedure in issuing warrant of arrest: 1) The judge personally evaluates the report and the supporting documents submitted by the fiscal re existence of probable cause 2) If no probable cause, disregard the fiscals report and require submission of affidavits of witnesses Warrant of arrest does not expire: Search warrant is valid only for 10 days Arrest w/o warrant when lawful: a) The person to be arrested has committed, is actually committing, or is attempting to commit an offense.(inflagrante delicto) b) When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it (hot pursuit) c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment

Requisites of in flagrante delicto arrest: 1) The person to be arrested must execute an overt act indicating that he has just committed, is actually committing or is attempting to commit the crime 2) Such overt act is done in the presence or within the view of the arresting officer Probable cause in arrest refers to the presence of such facts and circumstances w/in the personal knowledge of the police officer w/c could lead a reasonable, discreet and prudent man to believe that an offense has been committed by the person sought to be arrested, and that the objects sought in connection with the offense are in the place to be searched. Duties of an arresting officer: 1) Inform the arrestee of the cause of the arrest 2) Inform the arrestee of the fact that a warrant of arrest has been issued against him Exceptions: 1) The arrestee flees 2) The arrestee forcibly resists before the officer had the opportunity to so inform him 3) The giving of the information will imperil or frustrate the arrest Objection to any defect or irregularity attending the arrest must be made before an accused enters his plea PI file information to court court issue warrant of arrest then arraignment Sec. 5 R 113 prosecutor for inquest information file in court commitment order

stages of the case until promulgation of the judgment of the RTC, irrespective of whether the case is originally filed in or appealed to it B) The accused shall appear before the proper court whenever required by the court or these rules C) The failure of the accused to appear at the trial w/o justification and despite due notice shall be deemed a waiver of his right to be present thereat. The trial may proceed in absentia. D) The bondsman shall surrender the accused to the court for execution of the final judgment Contents of the bail: 1) Full name and address of the accused 2) Amount of the undertaking 3) Conditions required by sec. 2 rule 114 Right to travel is restricted by the bail. Bail is a matter of right. a) Before or after conviction by the MTC, MTCC, MCTC b) Before conviction by the RTC of an offense not punishable by death..etc Bail is a matter of discretion after conviction if penalty is not more than 6 yrs. If more than 6 yrs, bail is denied. Bail cancelled or denied in the ff: 1) Recidivist, quasi-recidivist, or habitual delinquent or has committed the crime aggravated by the circumstance of reiteration. 2) Has previously escaped from legal confinement, evaded sentence or violated the conditions of his bail w/o valid justification. 3) Committed the offense while under probation, parole or conditional pardon 4) The circumstances of his case indicate the probability of flight if released on bail 5) There is undue risk that he may commit another crime during the pendency of the appeal. Requisites of recidivism: 1) The offender is on trial for an offense 2) Previously convicted by final judgment of another offense 3) First and second offense are embraced in the same title of the RPC 4) Was convicted of the new offense Capital offense - an offense which, under the law existing at the time of its commission and of the application for admission to bail, nay be punished with death. The right to bail only accrues when a person is arrested or deprived of his liberty A person who is detained may apply for bail even if he is not yet charged in court. Procedure of petition for bail: 1) A petition for bail be filed by the accused in court with notice to the public prosecutor. 2) The court shall notify the prosecutor of the hearing of the petition 3) Hearing will be held to enable the court to weigh the evidence of the prosecution to determine whether to grant or deny the bail applied for. 4) Accused may present his own evidence to establish his right to the bail applied for

RULE 114 BAIL Bail security given for the release of a person in custody of the law, furnished by him or a bondsmen, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance. The right to bail flows from the presumption of innocence. Bail cannot be granted to an accused who is not in custody of the law Duties of judge in application for bail: 1) In all cases, whether bail is a matter of right or discretion, notify the prosecutor of the hearing of the application of bail 2) If bail is a matter of discretion, to conduct a hearing of the application for bail regardless of whether or not the prosecution refuses to present evidence to show that the guilt of the accused is strong for the purposes of enabling the court to exercise its sound discretion 3) Decide whether the guilt of the accused is strong based on the summary of evidence of the prosecution 4) If the guilt is not strong, discharge the accused upon approval of the bail bond Conditions of the bail: A) The understanding shall be effective upon approval and unless cancelled, shall remain in force at all

5) The court will decide whether the evidence of guilt is strong or not. 6) if strong, bail shall be denied, otherwise it shall be granted. 7) Accused shall be discharged or released upon the acceptance of his bail by the court

RULE 115 Rights of the Accused Equipoise Rule the accused be acquitted because the evidence does not fulfill the test of moral certainty and therefore is insufficient to support a judgment of conviction.

Duties of court in petition for bail, summary of evidence required. Guidelines for the amount of bail: 1) Financial ability of the accused to give bail 2) Nature and circumstances of the offense 3) Penalty for the offense charged 4) Character and reputation of the accused 5) Age and health of the accused 6) Weight of the evidence against the accused 7) Probability of the accused appearing at the trial 8) Forfeiture of other bail 9) The fact that the accused was a fugitive from justice when arrested 10) Pendency of other cases where he accused is on bail. Excessive bail is not required. Property bond an undertaking constituted as lien on the real property given as security for the amount of the bail. It is a security given for the release of a detained person executed in the form of a lien annotated on the tie of the real property submitted as bond. Justification of sureties: 1) He possesses the qualifications prescribed in the preceding section 2) Describe the property given as security, stating the nature of his title, its encumbrances, the number and amount of other bails entered into Recognizance an obligation of record, entered into before some court duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. Venue for the filling of bail: 1) Filed with the court where the case is pending 2) If judge is absent, bail maybe filed in any RTC judge or inferior court judge in the province, city, or municipality of the area 3) If arrested in the province, city or municipality, bail may be filed in RTC of said place or judge of inferior court in said place of RTC judge is absent. Bail may be granted before arraignment. When grant of bail is matter of discretion, application for bail must be filed only w/ the court where the case is pending, whether it is on trial or appeal. Bail may be cancelled upon - surrender of the accused or proof of his death. - Upon acquittal of the accused - Dismissal of the case - Execution of the judgment of conviction

RULE 116 Arraignment and plea Arraignment stage of a criminal proceeding where the complaint or information is read to the accused in open court and in a language or dialect known to him and furnishing him a copy thereof. Purpose of arraignment to inform the accused of the nature and cause of the criminal charge against him and enable him to prepare his plea or defense thereto. Accused must be arraigned before the court where the complaint or information was filed or assigned for trial. It must be made in an open court by the judge, by furnishing him a copy of the complaint or information, reading in a language or dialect known to him and asking him whether to plea guilty or not guilty Accused must be present during arraignment. Plea a formal reaction or response required of the accused after the complaint or information has been read to him. Classes of Plea: 1) Conditional plea plea made by accused subject to certain conditions 2) Unconditional plea of guilt plea made by the accused w/o any condition or reservation. 3) Negative indirect plea refusal of the accused to make a plea whether guilty or not guilty. 4) Reverted plea the accused entered into a plea of guilty but later presents exculpatory evidence, is plea shall be deemed withdrawn and a plea of not guilty shall be entered for him by the judge. 5) Improvident plea accused declared but which did not intend to enter such as when it was merely induced upon him by intimidation or against his free will. Mandatory appearance of the offended party (private complainant) 1) Plea bargaining 2) Determination of civil liability of the accused 3) Other matters requiring his presence like the settlement of the civil aspect of the case. Court requires jurisdiction of the accused: 1) Arrest 2) Voluntary surrender 3) Appearance at arraignment Purpose for requiring prosecution to present evidence: 1) To prove the guilt of the accused 2) To determine his precise degree of culpability in the commission of the offense 3 specific things mandatorily required of the judge: 1) To conduct a searching inquiry into the voluntariness and full comprehension of the consequences of the accuseds plea

2) To require the prosecution too prove the guilt of the accused and the precise degree of his culpability 3) Inquire whether or not the accused wishes to present evidence on his behalf and allow him to do so if he so desires. Improvident plea of guilty made w/o proper advice, or recklessly entered by the accused w/o comprehending its seriousness and consequences. Duty of the court before arraignment: 1) Inform the counsel his right to have an attorney before being arraign. 2) Ask him if he desires the aid of an attorney 3) The court must assign an attorney de oficio if he decides and cannot afford to have one 4) Court must grant him a reasonable time if he desires to have an attorney of his own Bill of particulars a statement which makes a pleading more certain by furnishing additional information respecting the cause of action or defense. Maybe obtained by demand or by motion. Purpose of this is to fully apprise the accused of the charges against him and to avoid surprises w/c might be prejudicial to the rights of the accused. Suspension of arraignment: 1) The accused is suffering from mental illness 2) There exists a prejudicial question 3) A petition for review of the resolution of the prosecutor is pending at either the department of justice or the office of the president, provided the period of suspension does not exceed 60 days.

2) The court trying the case has no jurisdiction over the offense charged 3) The court trying the case has no jurisdiction over the person of the accused 4) That the officer who filed the information had no authority to do so (can be amended) 5) It does not conform substantially to the prescribed form 6) More than one offense is charged except when a single punishment for various offenses is prescribed by law (can be cured by amendment) 7) The criminal action or liability has been extinguished (cannot be cured and cannot be waived) 8) It contains averments which, if true, would constitute a legal excuse or justification 9) The accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated w/o his express consent. (double jeopardy) Extinguishment off criminal liability: 1) Total extinguishment a) Death of the convict b) Service of the sentence c) Amnesty d) Absolute pardon e) Prescription of the crime f) Prescription of the penalty g) By marriage of the offended woman 2) Partial extinguishment A) By conditional pardon B) Commutation of the sentence C) For good conduct allowances which the culprit may earn while he was serving his sentence Requisite of double jeopardy: 1) A first jeopardy must have been attached prior to the second 2) The first jeopardy must have been validly terminated 3) Second jeopardy must be for the same offense Accused must be dismissed/discharged if quashal is based on: 1) Extinguishment of criminal liability of the accused 2) Double jeopardy

RULE 117 Motion to Quash

Motion to quash - formal motion filed by the accused before arraignment seeking the dismissal of the complaint or information based on the grounds specified by law. Motion to quash must be filed before arraignment, except: 1) The complaint or information does not charge an offense 2) The court lacks jurisdiction over the offense charged 3) Extinction of the offense or penalty 4) Double jeopardy Motion to quash must be: 1) In writing 2) Signed by the accused or is counsel 3) Distinctly specify its factual and legal grounds Purpose of MTQ: - To clarify all ambiguities to make certain all indefinite assertions, to make the prosecution express clearly and precisely the offense; to aid the parties in arriving at the real issues; to promote understanding and prevent surprises. MTQ is filed in the proper court where the information has been filed and filed before the arraignment. Grounds to quash the complaint or information: 1) The facts charge do not constitute an offense (can be corrected by amendment)

When a motion to Quash is granted, the rule is that the accused may be charged again for the same offense because double jeopardy does not attach. here the accused is given a consent to the dismissal of the case w/c is tantamount to a waiver of his right to double jeopardy. When demurrer of evidence is granted, the dismissal of the case is tantamount to an acquittal. Double jeopardy attaches. Former conviction or acquittal: double jeopardy 1) Accused has been convicted or acquitted, or case against him dismissed or terminated w.o express consent 2) The acquittal of the accused or the dismissal of case shall be a bar to another prosecution for offense charged

the his the the

Exceptions to the rule when double jeopardy attaches 1) Dismissal due to demurrer of evidence, or insufficiency of evidence

2) Dismissal due to unreasonable delay in the prosecution of the case violating the accused right to a speedy trial.

3) That the criminal action or liability has been extinguished 4) Presence or applicability of double jeopardy.

Requisites of double jeopardy: under sec 7 rule 117 1) There is a valid complaint or information or other formal charge sufficient in form and in substance to sustain a conviction 2) It is filed against the accused before a court of competent jurisdiction 3) The accused had pleaded to the charge 4) Thereafter the accused was convicted, or acquitted or the complaint or information was dismissed or otherwise terminated w/o his express consent. 5) That the second charge upon the accused is the same as the first, or is an attempt to commit the same, or a frustration thereof, or that the second offense necessary included in the offense charged in the previous complaint or information. If the first four requisites are present, the first charge will constitute a bar to a second prosecution.for1) A second complaint or information for the same offense 2) It is an attempt to commit the same offense 3) It is a frustration of the same offense 4) It is an offense which necessarily includes or is necessarily included in the first charge in the previous complaint or information. Judgment adjudication by the court that the accused is guilty or not guilty of the offense charged, and the imposition of the proper penalty and civil liability if any. Exceptions to the rule of double jeopardy: 1) Doctrine of supervening facts if after the first prosecution of the accused, new facts have supervened which are the logical and natural consequences of his acts complained 2) Doctrine of subsequent discovery after the first prosecution, facts constituting the graver offense became known or discovered. 3) Accused plea of guilty to a lesser offense w/o the consent of the prosecutor and offended party. A case shall not be provisionally dismissed except with the express consent of the accused and with notice to the offended party. Provisional dismissal offenses less than 6 yrs permanent 1 yr after More than 6 yrs permanent 2 years after the issuance of the order Order granting the withdrawal of the information attains finality after 15 days from receipt Order granting a motion to dismiss becomes final 15 days after receipt Omnibus motion rule - When an accused file a motion to quash, he must include all the grounds available in support of his motion. His failure to alleged them all in the motion will mean their waiver. They could not be raised anymore specially on appeal. Exceptions in motion to quash not deemed waived: 1) The facts charged do not constitute an offense 2) The court has no jurisdiction over the offense charged

RULE 118 Pre-trial Pre-trial conference considering the ff: 1) Plea bargaining 2) Stipulation of facts 3) Marking for identification of evidence of the parties 4) Waiver of objections to admissibility of evidence 5) Modification of the order of trial if the accused admits the charge but interposes a lawful defense 6) Such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. Pre-trial conference is mandatory in courts cognizable: 1) Sandiganbayan 2) RTC 3) Metrpolitan TC 4) MTCC 5) MTC in Municipalities 6) MCTC Plea bargaining process whereby the accused and the prosecutor in a criminal case work out a mutually satisfactory disposition of the case subject to court approval Stipulation of facts process whereby parties may agree on certain facts material to the issues and which need not be proved anymore.

RULE 119 TRIAL After a plea of not guilty 15 days to prepare for trial Trial commence w/in 30 days from receipt of the pre-trial order. Trial in absentia allows accused to be absent except: 1) At arraignment and plea, whether of innocence or of guilt 2) During trial whenever necessary for identification purposes 3) At the promulgation of sentence, unless it is for a light offense Absent witness whereabouts are not known or cannot be determined by due diligence Unavailable witness whereabouts are known but his presence for trial cannot be obtained by due diligence Order of the trial 1) The prosecution shall present the evidence to prove the charge and in the proper case, the civil liability 2) The accused may present evidence to prove his defense and damages, if any, arising from the issuance of a provisional remedy in the case 3) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence Material witness one whose testimony is essential to establish the guilt or innocence of the accused. Requisites for the discharge of an accused as a state witness:

1) There is absolute necessity for the testimony of the defendant whose discharge is requested 2) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of the said accused 3) The testimony of the said accused can be substantially corroborated in its material points 4) Said accused does not appear to be the most guilty 5) Said accused has not at any time been convicted of any offense involving moral turpitude. Discharge of an accused to become state witness: 1) Shall amount to an acquittal from the charge 2) Shall be a bar to future prosecution of the same offense Demurrer of evidence a motion to dismiss based on insufficiency of evidence which may be filed within the nonextendible period of 5 days after the prosecution has rested its case.

Requisites for a newly discovered evidence as ground for new trial: 1) The evidence is discovered after trial 2) Such evidence could not have been discovered and produced at the trial even with the exercise of reasonable diligence 3) The evidence is a material, not merely cumulative, corroborative, or impeaching and of such weight that, if admitted, could probably change the judgment. Effects of granting new trial or recommendation: 1) On the ground of errors of law or irregularities all the proceedings and evidence affected shall be set aside and taken anew and allow the introduction of additional evidence. 2) On the ground of newly discovered evidence the evidence already adduced shall stand and the newly discovered shall be taken and considered together w/ the evidence already in record. 3) Courts grant new trial or reconsideration original judgment shall be set aside and a new judgment rendered accordingly.

RULE 120 Judgment Judgment an adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him on the proper penalty and civil liability, if any. 4 Possibilities that may arise in judgment 1) Accused may be acquitted and declared w/o civil liability 2) Maybe acquitted but declared w/ civil liability 3) May be found guilty w/ civil liability 4) May be found guilty w/o civil liability Judgment becomes final: 1) After the lapse of the period for perfecting an appeal 15 days after promulgation 2) Sentence partially or totally satisfied or served 3) When accused has waive in writing his right to appeal 4) When the accused has applied for probation. Judgment of acquittal becomes final immediately upon is promulgation.

RULE 122 APPEAL Any party may appeal from a judgment or final order, unless the accused maybe placed in double jeopardy. Appeal by the prosecution from the order of dismissal does not constitute double jeopardy if: 1) The dismissal is made upon motion or with express consent, of the defendant 2) The dismissal is not an acquittal or based upon consideration of the evidence or of the merits of the case 3) The question to be passed upon by the appellate court is purely legal Where to appeal: 1) RTC in cases decided by Metropolitan TC, MTCC, MTC, MCTC 2) To CA or to SC in cases decided by RTC 3) To SC incases decided by the CA

RULE 121 New trial or reconsideration New trial the accused on his own motion or at the initiative of the court itself but with the consent of the accused is allowed to present additional evidence in support of his defense after a judgment of conviction has already been rendered against him but before the judgment had become final. Grounds for New trial 1) Errors of law or irregularities prejudicial to the substantial rights of the accused 2) The newly discovered evidence must not only be new but also material to the issues in the case and not merely cumulative , corroborative or impeaching. Second motion for reconsideration is prohibited in the trial courts.

RULE 123 Procedural in MTC Exceptions to the uniform procedure: 1) If a particular provision applies only to any of the said court, said provision does not apply to other courts. 2) In the criminal cases governed by the Revised Rules on Summary Procedure, the procedure in RTC does not apply.

RULE 124 Procedure in CA Criminal cases appealed to CA party appealing is called appellant Adverse party appellee MR filed w/in 15 days from notice of the decision.

The timely filing of the motion for new trial in the CA is between the perfection of the appeal and before the judgment of conviction becomes final. Mittimus a process issued by the court to carry out a final judgment such as commanding a prison warden to hold the accused in accordance w/ the terms of the judgment. It is the counterpart of the writ of execution in civil cases.

RULE 125 Procedure in SC