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OUTLINE
VII.COMPLAINT/INFORMATION
A. Definition of terms
B. Requisites
C. Examples
IX. JURISDICTION
> MTCC, MCTC, RTC
X. BAIL – Rule 114
XI. RIGHTS OF THE ACCUSED
Rule 115
XII. ARRAIGNMENT – Rule
116, Rule 117
XIII. PRE-TRIAL
XIV. TRIAL
XV. JUDGMENT
XVI. APPEALS
XVII. FLOW CHART
CRIMINAL LAW
– that branch of law
which defines crimes
or declares what acts
are crimes and
prescribes or provides
the punishment for
their commission.
CRIMINAL PROCEDURE
– It is the method prescribed
by law for the apprehension
and prosecution of persons
accused of any criminal
offense, and for their
punishment, in case of
conviction.
- Procedural steps commencing
from initial investigation
Lawful Warrantless Arrest
(1)Judge
(2)Others authorized by law – B.I.D. Commissioner (after a final Deportation
Order is issued)
METHOD OF ARREST WITH WARRANT:
Inform the person of the cause of the arrest and that he has a warrant
EXCEPT if he flees, forcibly resists before the police had opportunity to
tell him and if to inform him will imperil the arrest.
Arrest Warrant need not be in the possession of the arresting officer at the
time of the arrest but, if required, the warrant should be shown as soon as
practicable.
Police officer may verbally ask any person to assist him in arresting a
person. Any person may refuse rendering assistance to the police officer if
it is detrimental to himself.
BREAK INTO A BUILDING OR ENCLOSURE:
- if he is refused entry
Who issues: Judge, AFTER he is convinced that the applicant has complied
with the following requirements:
probable cause* in connection with one specific offense to be determined
personally by the judge after –
* Probable cause for search is defined as such facts and circumstances which
would lead a reasonably discreet and prudent man to believe that an
offense has been committed and that the objects sought in connection
with the offense are in the place sought to be searched.
Q. Where should one file an application for
a Search Warrant?
> When to search & seize: Day time, unless the warrant states any time of the
day or night.
Validity of Search Warrant: 10 days from its date. VOID AFTER 10 DAYS.
* To serve the search warrant, the police officer has the right to break door or
window (Section 7).
(2) Deliver the seized items to the court and inventory duly
verified under oath.
The illegality of the search warrant does not call for the
return of the things seized, if the possession thereof is
prohibited by law (malum prohibitum)
Sign._______
Respondent
Assisted by.____________
counsel
Counter-Affidavit – to be submitted if the respondent executes a
Waiver during the Inquest Proceeding; to be filed by the
respondent within 10 days if regular P.I.
Probable cause/dismissal
A.Yes, if it is improvident.(
thoughtless) At any time before the
judgment of conviction becomes final,
the court may permit an improvident
plea of guilty to be withdrawn and
substituted by plea of not guilty.
Q.State the duties of the court
before arraigning the accused.
1 It must be in writing
2. It must be signed by the
accused or his counsel.
3. It must specify its factual and
legal grounds.
SEC. 3. GROUNDS FOR MOTION TO
QUASH.
1. That the facts charged do not
constitute an offense.
2. That the court trying the case
has no jurisdiction over the
offense charged.
3. That the officer who filed the
information had no authority to
do so.
4. That it does not conform
substantially to the prescribed
form;
5. That more than one offense is
charged except when a single
punishment for various offenses is
prescribed by law;
6. That the criminal liability has
been extinguished;
7. That the court trying the case has no
jurisdiction over the person of the
accused;
8. That it contains averments which, if
true, would constitute a legal excuse or
justification; and
9. That the accused has been previously
convicted or acquitted of the offense
charged, or the case against him was
dismissed or otherwise terminated without
his express consent.
Q. Can the court dismiss the case
based on grounds that are not
alleged in the motion to quash?
A. The general rule is no, the court
cannot consider any ground other
than those stated in the motion to
quash.
The exception is the lack of
jurisdiction over the offense
charged. If this is the ground for
dismissing the case, it need not be
alleged in the motion to quash since
it goes into the very competence of
the court to pass upon the case.
Q. X filed a motion to quash an
information on the ground that he
was in the U.S. when the crime
charged was committed. Should the
motion be granted?
A. The motion should be denied
because the accused is already
making a defense. Matters of defense
are generally not a ground for a
motion to quash they should be
presented at the trial.
Q.May a prosecutor file an
information for violation of the
election laws?
Exception:
1. Double Jeopardy
2. Criminal liability is extinguished.
DOUBLE JEOPARDY
Q. What is a double jeopardy?
Note:
A judgment of acquittal is final and is
no longer reviewable, unless the trial
court acted with grave abuse of
discretion or when there is mistrial.
Q.What are the rules regarding the
application of double jeopardy on
state witnesses?
A.
All agreements or admissions
made or entered during the pre-trial
conference shall be reduced in writing
and signed by the accused and
counsel, otherwise, they can not be
used against him.
Q. What shall the court do after pre-
trial conference?
A.The court shall issue an order
reciting the actions taken, the
facts stipulated and evidence
marked.
Q.What is the purpose or use of the
pre-trial order?
Q. What is a judgment?
A. It means the adjudication by
the court that the accused is
guilty or is not guilty of the
offense charged, and the
imposition of the proper penalty
and civil liability provided for by
law on the accused.
Note:
It
is well-settled that the
acquittal, in a criminal case is
immediately final and executor
upon its promulgation, and that
accordingly, the state may not
seek its review without placing
the accused in double jeopardy.
Q. What are the contents of the
judgment?
A. If of Conviction.
Legal qualification of the offense
constituted by the acts committed by the
accused, and the aggravating or mitigating
circumstances attending its commission.
Participation of the accused whether as
principal, accomplice or accessory.
Penalty imposed upon the accused.
Civil liability or damages caused by the
wrongful act or omission unless a separate
civil action has been reserved or waived.
If of Acquittal
Except:
Ifthere is a showing of grave abuse
of discretion amounting to lack or
excess of jurisdiction, certiorari under
Rule 65 may be available.
Q. What are the effects of appeal by any of the
several accused?
PRELIMINARY
INVESTIGATION
INQUEST
PROBABLE
DISMISSED PROBABLE FILING OF
CAUSE
CAUSE INFORMATION
PLEA (NOT
GUILTY)
PLEA
GUILTY TO AGREE/ PRESENTATION OF
LESSER REJECT PROSECUTION DEMURRER
OFFENSE EVIDENCE
SUFFICIENT? DISMISSED
PRESENTATION O F
DEFENSE EVIDENCE
JUDGMENT
ACQUITTAL CONVICTION
APPEAL