Fiscal Dura - Criminal Procedures Remedial Law Review.docx

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PROSECUTION OF OFFENSES SOBERANO VS. PEOPLE 154627 OCT. 5 2005 – Prosecution of Offenses -Dacier Murder case – initial findings nag file ng information, maraming kasali, when the information was filed in court, before arraignment, the prosecutor asked for reinvestigation (for new evidence ) for widen the array of persons accused (they will include other persons not included in the information). Prosecution admitted several persons discovered, and some accused also turned to become state witness. The fiscal now filed an amendment information including Soberano, etc. and yon isang group ng mga accuses were not included in the information (Lopezes), … There was a conflict between amendments in this cases….. San ba dapat mag rule, Rule 119 or Rule 110. Ginawa ng fiscal sa amended information removed some of the accused in the list, and some were added … na follow ba ang Rule 119? For General Purposes, the SC ruled that who to charged is not a judicial function, it is purely executive in nature, what to charge is executive in nature. The power to enforce law is to prosecute the violators, judicial function is to determine the law, facts, but as to who bring to court, it is purely executive., who will be indict to a criminal offense. Have a copy full text of this case. Soberano vs. People Next Case is Leila De Lima Delima vs. Reyes Gr No. 209330 January 11, 2016 Ito yong kkay Doc Gerry Murder case, binarily ni Governor Reyes. The fact that the Department of Justice that it is the primary arm of the govt, it is not a quasi judicial office. Leila delima, fond of creating taskforce, every major event she creates a taskforce, when a Doc Gerry was murdered, the gunman was apprehended and testified who contracted, implicated private security of Gov. Reyes, and executed statement implicating the Governor. Leila de lima created a panel to conduct PANEL, FIRST PANEL. First Panel conducted investigation, while De Lima not satisfied created SECOND Panel, and second panel nag decide indicting governor reyes, immediately filed information in court. And defense made a petition for review to the DOJ. They did not observed administrative Due Process, if there is due process, they should have follow the first panel, not to create another panel. Due process here does not equate the function of a quasi judicial function, exhaustion of administrative remedy does not apply here. The power to prosecute is not bound to strict technical requirement prescribed in the ANG TIBAY CASE. If it is not a quasi-judicial panel, it can be biased. Biased in the ---

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SHALL BE UNDER THE DIRECT CONTROL OF THE PROSECUTOR Must bring the imprimatur of the of the private prosecutor,… a motion filed without the signature cannot be said that it is file by the state, it should be with the conformity of the State Prosecutor. Even if the case has already been decided in court, and what is now being resolve is partial motion for reconsideration, if the decision of the court is acquittal, can the private offended party make appeal? YES on the CIVIL ASPECT, which bring us to the distinction between VICTIMLESS CRIMES AND CRIMES WITH OFFENDED PARTIES (PUBLIC VS PRIVATE, not proper) Ano yong mga victim-less crimes, sale of dangerous drugs, possession of dangerous drugs, etc., een if you are a lawyer of crime against corruption and appear in the court, you do not have right since walang private offended party. What about forgery? Falsification “crime against public interest, can there be a private prosecutor? What is the gauge whether or not a private prosecutor may appear in the court, there is an ACTUAL, SUFFICIENT and EXISTING PRIVATE INTEREST. In Treason, is there an actual, sufficient and existing Private interest? Yes, example is the Makapili, dahil sa mga tinoro nya and dahil sap ag tataksil nya, may mga namatay. -MOBILIA PRODUCTS VS. UMESAWA GR 149357 Even the Judge may take over. A public prosecutor by nature of his office … has been established by the complaining party. This close from the principle that PROSECUTION FROM THE CRIMINAL OFFENSES EXECUTIVE…..??? SAN MIGUEL V. PEREZ GR NO. 166836 Sept 4, 2013 This is precedent on a case that has been dismissed based on complaint filed by san Miguel. Dismissed by the Prosecutor, while all the evidence are present, … this concern about HLURB Housing Project. There was a petition for review by the Secretary, the case was dismissed because there is a pending administrative case which affect the element of the crime. This also covers downgrading, it is not the crime filed by the PNP or the complainant that is the basis of the indictment, the prosecutor always have the final say as to what crime to indict.

LAST GENERAL PRINCIPLE, when do the prosecution office lose total control of the indictment BALTAZAR V. PANTIG GR NO. The Prosecution office losses full control over the case, thus motion for investigation shall be addressed to the trial judge. In a regular procedure, this is what will happened.

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A complaint is filed, then PI, and after PI, the prosecutor issues a reso, that reso before filing info within 15 days, the aggrieved party may file review, the secretary of justice or regional prose review the case then makes his reso, the reso of Sec of Justice, review daan sa CA, then SC.. However, there is another twist if the case was already filed in court, there is an investigation (summary, inquest or PI) and the info is filed in court, after filed in court and you wish to adduce evidence for PI, motion for investigation, you file it in the court, ask the judge to re-investigation , the judge now will issue order of re-investigation and make a report on re-investigation to the court. In this case of baltazar v. pantig, the petitioner filed a motion for reconsideration sa fiscal on the report of the reinvestigation, .. that became an issue, suddenly, fiscal entertained, kaya nagging issue. That is why the SC ruled, in case of reinvestigation must be addressed to the court, if you are the one aggrieved on the report of the reinvestigation, you address any pleading to the court.

OBTAIN full text copy of this CASES, THIS WILL ASK IN THE BAR.

THREE TYPES OF INVESTIGATION UDER THE RULES OF COURT. 1. Summary investigation 2. Inquest proceedings 3. Preliminary Investigation What is Summary Investigation Distinguished Summary Investigation v. Summary Procedure Summary investigation refers to the investigation conducted by the prosecutor to determine the .. Summary Investigation – refers to investigation conducted by the prosecutor, it is conducted by the Prosecutor, it covers criminal case only. Summary Procedure – covers both civil and criminal cases under the Rules of Court, the one who tries the case under this procedure is the judge.

SI covers those do not exceed 4 years 2 months 1 day SP Penalty prescribed by law 6 months imprisonment or one thousand pesos (1 year bp 22) Majority of the reduced penalty on thief – SI Does All criminal cases that are covered by the summary procedure is also covered by summary investigation, If the penalty prescribed by law is either or both imprisonment or fine, the basis should always be the imprisonment to be covered by the SUMMARY INVESTIGATION.

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Filing of Complaint

10 day period

CRIMINAL PROCEDURE

City/Prov/Reg (10/15 days) approval Prosecutor

file in court

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summary arraigment or not

narrative affidavit is not required it can be Q and A it can be Transcript of Interview recording of the interview

in case of indictment, and indictment is approved by the city prosecutor, furnish copies to the parties by resolution if it is fall under summary procedure, the court will not issue warrant of arrest., can file counter affidavit 10 days to file counter affidavit, may nag file ng motion for contemp, the accused did not comply with the order, that conduct is contempt (arrest under contempt power. Three types of arrest 1. Regular arrest, 2 bench warrant, 3 arrest because of contempt power then arraignment, it can be arrested because of the failure to be present in the arraignment (BENCH Warrant) bench warrant is different from the regular warrant of arrest,

the accused will have some remedies in this flow. What is in this process that can be used as remedy by the accused? No DUE PROCESS. It is only on the part of the prosecuting arm. Complainant, prosecutor, only. What is the proper remedy when you were not informed. The accused within 5 days may demand a Preliminary Investigation. The proper motion here is motion to conduct Preliminary Investigation even the information was filed in the court. (not motion for reinvestigation) … to include you in the investigation. (Statutory right of liberty) Minimum of arresto menor, delikado na, 11 days, delikado, probation is not allowed, you have to spend 11 days in the detention. MOTION FOR CONDUCT OF PRELIMINARY INVESTIGATION can be invoke anytime even if the information was filed in the court. The certification must contain a certification that the investigation was filed under rules of summary investigation The NEXT in line is another type of investigation (INQUEST), one of the most popular since attracts media,. the case was filed against batusay was UNJUST VEXATION, not physical injury.

NEXT IN LINE IS inquest (inquest proceeding is Inquest is the informal and summary

investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Such proceedings must terminate within the period prescribed under Art. 125 of the Revised Penal Code (DOJ-NPS Manual).

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arrest documents Art.125 RPC

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resolution

information in court

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Mittimus (not more than 30 days)

Person arrested and detained, then undergo inquest proceedings. Arrest Document must be under oath, together of arrest document, you have plenty of documents depends on the case. In between resolution, the determination w/n the arrest was valid, in inquest proceedings, unlike Summary Investigation, only the indictment, probable cause, in Inquest proceedings, there are 2, probable cause that the accused has committed and w/n the arrest was valid. If the arrest was not valid, can you still indict the person? Yes. Orders the release and orders the conduct of the Preliminary Investigation. I have not seen the jurisprudence for that…. National prosecution DOJ Circular issued 2007 After Resolution if there is Indictment, you have to file the information in court Mittimus is ordered to the police jailer

What is lacking in the above flow? NO DUE PROCESS… Motion for the conduct of PI is not applicable since from the point of Warrantless arrest/voluntary surrender to RESOLUTION, request for PI with waiver of Art. 125 RPC. (have the request signed by the suspect, and the lawyer of his own choice) Do you know why you are brought in my office today, you are brought here because the police filed a complaint against you for (ex. Rape) if tinuod or dili, … KNOW YOUR RIGHTS IN THIS PROCEEDINGS… HE KNOWs of his rights, but he doesn’t know of his options.. option to remain silent or avail of right to preliminary investigation and you will get the services of the lawyer to defend you. -request for direct finding If gusto mo mag kaso, don’t give us HALF-BAKED CASES. What remains remedy is MOTION FOR REINVESTIGATION because of the NEWLY acquired EVIDENCE which he did not possessed at the time of the inquest proceedings. Sa UNANG FLOW, WALA KANG KNOWLEDGE, SA IKALAWANG FLOW MAY KNOWLEDGE KA., Effect of incomplete Documents -The inquest prosecutor shall direct the authorities to submit proper doc, failure to submit within the prescribed period, shall dismiss the proceedings.

Instances where the presence of the detained person – the accused must always be present

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PAREDES V. CALILONG GR 156055 March 5, 2007 Three type of probable cause 1. Probable cause to arrest that is exercise by the police officer Reasonable belief that the person committed etc…… its on the mind of the person, but what is the difference between the 2. probable cause of the prosecutor? THE POLICE officer PC is appreciation of the physical and actual act in the incident, that one cannot be made by the prosecutor, prosecutor based on the paper evidence. The one exercise by the police is reactionary to the perception (physical) 3. PC exercise by the JUDGE, a. issuance of arrest, and b. issue of search warrant Search warrant is more personal appreciation with the interview of the judge with the applicants; in warrant of arrest the judge will personally examine the documents, and if he finds it sufficient, he will file warrant of arrest, if insufficient, he will call the prosecution to submit additional elements, failure to do so, the judge can dismiss it. BAIL is available at the instance of deprivation of liberty, so under inquest proceedings /detention, the application for bail can go hand in hand (provided the crime is bailable) Lawyer may file a petition to post bail, provided it is bailable.

Special raffle – by the executive judge, vice, or any next in rank.

Bail as matter right, it is available at the time of the deprivation of liberty. Rights under Rule 125 – under Human Security Act, if you are charge to be a terrorist, the government has 72 hours to detain you, it is amended now because of Martial Law, you can be detained indefinitely. One very unique case here is not in the Rules of Court,

These are the acceptable factors considered compliance arbitrary period 1. Means of communication 2. Hour of arrest 3. Other circumstances such as kind of surrender, material possibility of the prosecution, ability of the court to open court, the fact of supplies govt office open for business only at 8am and close at 5pm. Recently CA upheld ruling of the ombudsman in the delay in filing of the information because of the brownout. PESTILOS V. GENEROSO GR 182601 NOV. 10, 2014 Requirement of immediacy as a requirement of warrantless arrest. (DOCTRINE OF IMMEDIACY)

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PPL V. MANAGO GR NO. 212340 clarified the Immediacy based on Sec. 5 Rule 113 of Revised Rule of CrimPro PPL V. GUMILAO GR NO. 208755 – Distinguished Terry Search (ppl v. quizon) v. Routine Search PPL V. FIGUEROA GR L-24273 April 30, 1969 – 5-day Rule is Mandatory (respondent has 5 days to ask or preliminary investigation from the knowledge of the case) That’s all for Inquest Read DE OCAMPO V. SEC OF JUSTICE 147932 JAN. 25, 2006 February 20, 2019 Misappropriation cannot most likely committed in flagrante PI is an inquiry or proceedings to determine if there is a sufficient grounds or belief that the ……. PAREDES V. DEOCAMPO Probable Cause – Reasonable belief - ? It is based on the sound discretion/judgment of the prosecutor having or tasked to do to have that reasonable belief. If the judgment is wrong, it does not make the prosecution liable. It is only a sound judgment. SC said, the judgment maybe wrong, when a prosecutor is confronted with two different facts (false and true), if he reasonable believe the false statement….. exercise of SOUND DISCRETION, not malfeasance, it is within his power. What define here is the fact which is more believable

SALIGUMBA ??? V. MICROSOFT CORPORATION – SC said, no formula to determine probable cause. The standard of judgment are those of a prudent man (average person) TANDOG V. GR NO. 59241-44 JULY 5, 1985 Catch all provision The purpose of PI is 1. to secure the innocent from malicious and protect……. 2. Protect the state from having to conduct useless and expensive trials CA case – it is not only to have these two purpose but served as a corrective measure from a poorly build-up case by the police. Police has a quota, how many crime they can solve, and must be filed and very sad their quota ends with a docket number (already an accomplishment) If you can recall (3-4 years ago), Digos, a woman killed by Siokoy, the police was pressured to file charges, the RPO gave them ultimatum (72 hrs), they charged the husband (EXAMPLE OF A POORLY INVESTIGATED CASE, no autopsy, fingernail exam etc)

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PEOPLE V CA GR NO. 126005, JANUARY 21, 1999 NO double jeopardy in Preliminary Investigation. A case dismissed in PI may be refiled until the lapsed of a prescriptive period DOES THE rule on Double Jeopardy (since not applicable in PI) when refiled in the prosecution office, may dismissed it outright? YES. The Prosecutor may dismissed the case outright or within10 days from first filing when no new allegation or evidence (same evidence no new evidence); First who filed, the spouse, THIS IS THE ONLY PART THAT WAS NOT PART IN THE BAR THE DISCRETION OF THE PROSECUTOR TO DISMISSED OUTRIGHT Nature of PI ADMINISTRATIVE The conduct of the clarificatory hearing during the PI is discretionary, mandamus does not apply. - BENEDICTO AND JAVIER V. CA 125359 BAUTISTA V. CA GR NO. 143375, JULY 6 2001 SC Distinguised PI from Judicial Proceedings Pi – prosecutor JD – judge/justice PI – NOT judicial, …torial due process requirement in an adversarial proceeding does not apply (Ang Tibay Case does not apply) Jp full blown trial, accuse has all the rights including under the due process clause to exercise such rights PI JP guilt beyond reasonable doubt RIGHT TO PI is STATUTORY; amounts to a substantive right, not merely procedural, therefor the hasty filing of information within the period to file petition for review is a violation of the right to PI. Denying the MR or Petition for review by striping the allowed time is making it premature. It is likewise a personal right – it may be waived either expressly or by implication. What cases are subject to PI? 1. All offenses where the penalty prescribed by law is at least 4yrs, 2mos, 1 day, less than this always PI 2. Even if they are less than 421, the prosecutor believes that PI should be conducted; Inquest converted into PI

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3. All offenses committed by Public official/employees in performance with their official duties/functions (arresto mayor (negligence) Other officers authorized by law to conduct PI Distinguished COMPLAINT from INFORMATION Grounds of immediate dismissal of the complaint 1. 2. 3. 4.

OUTSIDE JURISDICTION Outside of the office Ultra vires act of the complainant (corporate complainant) Failure to observe Katarungang pambaragay Law

Direction vs. Diversion

The PI will only continue for crimes

Draw a timeline for PI – complaint, filing of info, arraignment, Pre-Trial. ….

JOSE V. SUAREZ GR NO. 176795 JUNE 30 2008 The validity or invalidity of the interest rate is not determinative of the guilt of respondents in the criminal cases. The cause or reason for the issuance of a check is inconsequential in determining criminal culpability under BP 22. What the law punishes is the issuance of a bouncing check, which is a malum prohibitum, and not the purpose for which it was issued or the terms and conditions relating to its issuance.

REYES V. ROSSI GR NO. 159823 FEB 18, 2013 The rescission of a contract of sale is not a prejudicial question that will warrant the suspension of the criminal proceedings commenced to prosecute the buyer for violations of the Bouncing Checks Law (B.P. 22) arising from the dishonor of the checks the buyer issued in connection with the sale. The violation of B.P. 22 requires the concurrence of the following elements, namely: (1) the making, drawing, and issuance of any check to apply for account or for value; (2) the knowledge of the maker, drawer, or issuerthat at the time of issue he does not have sufficient funds in or credit with the drawee bank for the payment of the check in full upon its presentment;and (3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or credit or dishonor for the same reason had not the drawer, without any valid cause, ordered the bank to stop payment.The issue in the criminal actions upon the violations of B.P. 22 is therefore whether or not Reyes issued the dishonoured checks knowing them to be without funds upon presentment. On the other hand, the issue in the civil action for rescission is whether or not the breach in the fulfilment of Advanced Foundation’s obligation warranted the rescission of the conditional sale. If, after trial on the merits in the civil action, Advanced Foundation would be found to have committed material breach as to warrant the rescission of the contract, such result would not necessarily mean that Reyes would be absolved of the criminal responsibility for issuing the dishonored checks because, as the aforementioned elements show, he already committed the violations upon the dishonor of the checks that he had issued at a time when the conditional sale was still fully binding upon the parties. His obligation to fund the checks or to make arrangements for them with the drawee bank

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should not be tied up to the future event of extinguishment of the obligation under the contract of sale through rescission. Indeed, under B.P. 22, the mere issuance of a worthless check was already the offense in itself. Under such circumstances, the criminal proceedings for the violation of B.P. 22 could proceed despite the pendency of the civil action for rescission of the conditional sale.

PEOPLE V. NARCA 108488 JULY 21, 1997 REPUBLIC V. MAXIMIANO ASUNCION GR NO. L-108208 MARCH 1954 SINCO V. SANDIGANBAYAN GR NO. OCT. 15, 1991

GR NO. 13554-56 PEOPLE V. DE LA CRUZ, GR. NO. 13554-56: GR NO. 163866 Olivarez v. Court of Appeals , et al., G.R. No. 163866, July 29, 2005

MONDAY MARCH 4, 2018 (We are on preliminary Investigation) What happened during PI? Executive function, neither quasi-judicial nor adversarial, it is one of the power of the executive branch to enforce the laws on which is is task to enforce. So necessarily, even without the RoC on the PI, the executive branch will always posses the power to bring the law enforcement any violators of the law. This is very sensitive power because it deals with the right to liberty. Why is it the President has the power to pardon? Not the judiciary? Or why not the legislature where it has the mandate of the democracy? Read the First Clause in your Constitution (Preamble). We still believed that the authority is bestowed by the …. No authority without mercy. PI is the enforcement of state’s authority towards its people. DUE PROCESS – protected rights. This PI complies with that due process of taking away the liberty. During the PI, there is always a threat that the liberty will be taken away to that person.

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Authority is always coupled with mercy. That is why pardon is only exercised by the president. The Divine Providence bestow authority to the king/leader. What is the action..??? Not merely a PI, but initial actions are also considered at the start of filing of the complaint. Because the complaint must pass through some admin test.

1. Test of bias of the investigating prosecutor assigned in the complaint. a. He, or she, spouse or child is interested in the case. b. He/she is related within 6th degree to parties or to counsel within 4th degree consanguinity and affinity Death does not distinguish relationship by affinity (Bar 2019 possible Qs) The relationship of the party to the counsel is 4th degree c.

Prosecutor/….. ?? ☹

Basta if my conflict of interest in solving the cases. (THEY MUST PASS THE MANDATORY TEST FOR BIAS) THE prohibition is moto propio or if there is a motion for inhibition. 2. TEST OF CONDITION PRECEDENT a. TERRITORIAL jurisdiction – where non of any ingredient in a crime has happened within any territorial juris of the office, the complaint may be dismissed outright b. Restrictions – relative in cases of slander/bp22 (w/n the check is active) SUBPOENA Subpoena is very important in Due Process What is the effect of failure to serve subpoena? Will it invalidate the PI? No. Failure to serve subpoena, it will entitled the person of asking for a PI. (there was a case, where the plaintiff addressed the subpoena in the address where the respondent is renting) Checks for rent. When nag bounce, pinalayas ang renter, but the leasor deposited the check, so nag bounce, and he filed a case of BP 22, and send the address (last known address sa bahay nya na nirentahan) so alam nya na wala na ang tao… ginawa ng fiscal, he proceeed with PI, and then he filed cases in court. Siempre, inaresto, ang court doon din nag served ng subpoena (sa last known address) They reached in SC to invalidate the investigation. PI is not invalidated for the failure of serving the subpoena.

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Submission of Counter Affidavit as much as possible is within 10 days within the receipt of Subpoena. Are you really required to submit Counter Affidavit? Is it Mandatory? NO. YOU MAY however submit controverting evidence. However the motion to dismiss may be entertained during PI when this element is present: 1. Clear absence of probble cause a. When the totality of the evidence in the allegation in the PI did not complete of the crime elements imputed thereof b. The prosecutor cannot be limited on what was imputed on the complaint, the prosecutor has the leeway to file other complaint. (in robbery, if taking of properties is not establish, … grave threat if meron puede nila I file. 2. …….. because in PI there is no Double Jeopardy, the case may be refiled., the prosecutor has to determine whether there is only a mere rehashed or there are newly adduced evidence in the re-field case, if there is a newly adduced evidence, it cannot be dismissed on this ground. Pag file ng complaint, nag subpoena, pag submit ng subpoena, na matay, motion to dismissed may be granted. What is the effect of affidavit desistance in the PI. It is viewed with suspicion and reservation (unreliable)..

We have to distinguished the crime which cannot be prosecuted de officio and … ?? Ex. Adultery The girl is already pregnant with the other man, separated more than 3 years, and files adultery. In the pleading, before the case was submitted for resolution. The husband filed affidavit of desistance for pardon and consent of the relationship. Q:

What is the effect of the affidavit of desistance? What is the effect of the existence of the prejudicial question in the PI?

JOSE V. SUAREZ.

When is there a prejudicial question 1. 2. 3. 4.

The The issues on the civil action …. That the resolution of the civil action…. The resolution of the civil action determines the guilt of the accused in the criminal case.

Remember in crime, we have to observed complete element.

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What is the use of the prejudicial question if it does not determine the guilt of the accused. Kc if walang effect, it is not prejudicial question. REYES v. ROSSI GR 159823 Feb. 18, 2013

In observance of Prejudicial Question, the SC has extended its arms in the ….. The criminal complaint for union busting eh yon prejudicial question nya if I file sa labor arbiter is the UNFAIR LABOR PRACTICES.. The ER files ULP against some of the EEs who don’t want to form union (yan ang scenario, when natunugan ng ER na mag file ng UNION BUSTING, nag file ang ER ng ULP ) The SC held yes that is a PJQ.

There was an EO during GMA, inter-agency investigation on analogous.. ???? :(

Ex. DARab case, tenant, owner…

Is the proceeding in the PI is a formal hearing must be set or is it allowed that only documentary submiision assessed by the prosecutor? It is a sound discretion of the prosecutor, the prosecutor shall do the questioning, no cross examination. Only the prosec can ask question. The party may submit their ques to the pros

The right to counsel during the clarificatory is not strictly observed. What is the effect in that CH? The SC PPL V. GR NO. 108488 JULY 21, 1997 – absence of counsel does not invalidated the PI being only a right related to…. ☹ what is required is to submit

Together with the resolution, if the resolution is for indictment, the information is also prepared. Iba ang resolution, iba and information. DISTINGUISED COMPLAINT FROM INFORMATION

Rules of Court 110 Sec. 2 – the information must be against to all person who appear to be responsible for the offense. Does it need that those person be duly identified? Is John Doe accused is allowed? Ex. Riding in Tandem, the case is murder, what was caught in the cctv was the motorcycle, the driver (not wearing helmet), and other distinguishing mark of the motorcycle… another footage captured that the backrider shooting… In a checkpoint, it was determined that the motorcycle was used, it was flagdown, and identied that it was the motorcycle and the driver, and the driver admitted, he was just hired to drrived the motorcycle. And the charge was filed…. In this case, is it allowed that john doe is allowed? John doe is conspirator.

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The answer is that the information was sufficient on the identification of juan dela cruz but the gun man there was impleaded was john doe, that information may not be used to issue warrant of arrest against any particular person. (shotgun warrant) prohibited. Section 110 Sec. 2 is just a highlight in the conspiracy…. This is the used of JOHN DOE in the information Is it necessary that the name of the accused must be precisely stated? NO. the info may contain the name of the accused which he is generally known or alias provided his identity is established. (Mugshots finger prints etc was attached identification attached. So it is allowed.!) What is controlling is not the title of the info but the body of the information. Unless the body is confusingly stated, that’s the only time that the title determines the proper charge.

The BODY, what must contain? – averments of ultimate facts and not averments or conclusion of law. Averments of Ultimate facts – the acts must be stated in the information in a general terms (ilagay ang overt acts) The acts or omission must be stated in an ordinary and concise language. Ordinary and Concise language - OLIVARES V. GR No. 163866 July 29, 2005 This case refers to the quality of language PLACE WHERE THE OFFENSE WAS COMMMITED when should it be specific in the information? As the GR, the place of the offense is committed is sufficient provided it clarifies the place only, it is required to be specific if it form as an element of the crime. Day OF THE COMMISSION OF THE OFFENSE must alleged, it is only required to be specific if it form an element of the crime. NAME OF THE OFFENDED PARTY. Is it necessary? Does it need in the info that name of the offended party must be precise. GR must not be precise, unless the violation is specifically committed against the person . Ex. Instead of Roberto Guevarra, naging pedro guevarra, .. the defense objected everytime matawag. .. .. puede, you can charge him with the right name after.. is the accused correct? The court puede man mag order ng amendment doon sa info na i-correct ang name.

A Qualifying, generic aggravating must alleged.. if it is proven even if it is not alleged, it is still appreciated in the awarding..

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W/N an aggravating circumstances which is not alleged in the information but it is proven in court without the ojection of the accused is used to award civil or exemplary damages? Is the award proper? HANAPIN NYO ANG ANSWER. ANG NEW rule now, if it is not alleged, in a criminal and civil action, you have to invoke that stray decision para maka bigay ng good point. Full names, address of the parents or guardian of the minor complainants. IDLER v. PONCE GR NO. 172716 NOVEMBER 17, 2010 – the info was charged only one offense except when the law prescribed single punishment for various offenses.

What accompanies the info when it is filed in court? – actually, all doc papers, exhibit that is considered, or even not considered evidence must filed. to aid the judge in determination of probable cause for issuance warrant of arrest against the accused.

There is such a thing as REOPENING OF PI. When is reopening proper? It is proper when the case is already submitted for reso but before promulgation of reso. Any party may seek for reopening of PI to submit additional or newly discovered evidence. Ganito yon mga … konte lang kc yong window, … there was a complaint and mag s.submit ng subpoena, within 10 days, .. for the meantime you have to submit counter-affidavit, and from the time you have to retrieved other evidence and wala na, you can file for a motion to reopen the evidence……. (helpful for the accused)

Then you will have MOTION FOR RECON – when did you file this? After you have received the reso, any aggrieved party may file MR within 15 days.

I have to invoked this because there is a bearing on….??? CHARTER CHEM AND COATING CORPORATION V. GR NO. 163891 about delivery/mailing

Break

Get a copy of the form for filing a PI… In the label for the laws violated, ???

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Ex. There was a case for slander, it is alleging slander, in the info sheet said slander, however, utterances were made… can the prosecutor indict not slander, but under the protection of the physical disability? The answer is YES.. puede kahit dawala I indict special law. Same info available .

After a PI, case is filed in court, there is already information, the prosecutor cannot file another information based on the PI made. He must conduct another PI. Multiple Crime complaint – (concubinage can be filed with violence against women) The reso was promulgated, the info was prepared and filed in court, the specific crime is concubinage, the prosecutor can make another complaint based on the sme info? No. What is the remedy of the complainant ? he must ask for a motion for reinvestigation in the court in which the concubinage, invoking the error. It is still covered by the motion for reinvestigation. If there is already a reso but befre the filing of the infor, the remedy is filing of correction??? Tama ba? But if the info was already filed in court, reinvestigation must be raised. However, a new PI is not anymore needed if it is the court that orders the filing of the correct info which is cognate offense to the offense charged in the original information.

Cognate offense - two or more than similar characteristic but there is a variance in element. Eg. Estafa & Malversation; In the crime of Serious Physical Injury, where there is gland was damage, the mitigation becomes cognate; Instead of charging murder, (after the prosecution rest its case) homicide, for not establishing evidence of murder In this cognate offenses, conduct of a new PI is not anymore required. Conduct of new PI is not anymore required When the nature of the crime charge is not changed: Illegal number games No need new PI in the downgrade or even in the upgrade. Rebellion Amending the information across the ranks, does not need a new PI. It does not change the nature of the offense charged. Conduct of new PI is not anymore required When the change is only a formal amendment or there is only supervening events.

The information for frustrated murder was already filed. then nag coma, namatay, may change ginawang murder, so it does not require a new PI.

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However if the information is null and void from the beginning, that information cannot be resurrected by any amendment or even if it is withdrawn and it is refiled, It cannot be cured. There must be another new PI must be conducted.

In field offices, there is only one authority in its jurisdiction (in digos, only the city prosecutor is allowed/ or provincial prosecutor if province) Tingnan nyo, if PI tapos hindi city/provincial prosecutor, null and void yan. A PI is made within the 60 days from the filing of the complaint. PI that has been going on for a 4 years is already an oppressive process, it already violated the Due Process right of the Accused and must be terminated in favor of the accused. MR and petition of Review is part of the PI, denial of those remedies is a violation of the right of PI. Did the authority of the Ombudsmand overlapse the prosecutor? NO, RA 6770 gives the primary authority of the ombudsman of cases in the jurisdiction.

Jurisdiction is concurrent, and the Ombudsman may takeover. (he may take over or not take over) So what is required, DUE PROCESS IN PI is the substantial compliance of the requirements of the law. We are not required to adhere with the technicalities as long as you can actually justify.

Motion to disallow for filing out of time. – counter lang yan ng substantial compliance lang , not required to adhere with the technicalities… I justify mol ang. A delay close to 3 years is not anymore reasonable. However a delay of 3 years which is not attributable to the cases itself is allowed. (we will continue next meeting)

Codal about amendments/substitutions and building replacements of information. Withdrawal of information.

INFORMATION

1. Filing of Info 2. Indictment Penalty above 6 years – petition for review is filed before the office of the Secretary of Justice.

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If the Secretary of Justice opposed the dismissal, the remedy is what? o Petition for review (Certiorari under Rule 65)

If petition for review…. Field office must file the information in court.

When there is a pending petition for review under the Sec of Justice, the RTC must respect and give preference to wait for the decision of the Secretary of Justice. Court Jurisdiction In Criminal Cases, venue is the same as Jurisdiction Batas Pambansa Blg. 109 Rules of Court Judiciary Regulation Act??? In civil cases, two (2) things, Venue and Jurisdiction In Criminal cases, only one (1) Jurisdiction (territorial and Courts Jurisdiction) Try to look Jurisdiction of the RTC under the Rules and in BP 109 Above 6 years – RTC and Specialized Court (that has jurisdiction in cases that involved minor complainant and accused; Drugs Court, etc) When the Info is filed before the Court, we have to carefully scrutinized three (3) types of jurisdiction which the court needs to acquire. Juris over the Subject Matter (acquired? vested by law) Juris over the Person Juris of over the Case (acquired upon filing of the case) JURISDICTION OVER THE PERSON Ex. A case involving minor for less serious physical in the MTC, is the court acquired jurisdiction. The accused posted bail. The case is physical injury, MTC dapat, but since may minor involved, family court which is usually RTC; in the bail matter, it has acquired jurisdiction since the information has filed, and the case is under its jurisdiction, but it does not give the right to file motion to quash sa other party. However it

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the order granting bail of the MTC judge is a valid order, because the court has acquired over the case.

JURISDICTION OVER THE PERSON De joya GR No. 1624166 January 31, 2006 GR: jurisdiction over the person An accused who has not been arrested or has not surrendered, cannot ask the court for a relief XPN: DAVID V. AGBAY GR NO. 199113 (2015) If the officer has not authority Custody of law is not required for the … of relief other than adjudication for bail, however, … seeking an affirmative relief except in cases where… by impugning such jurisdiction over its person. Kalian ba talaga kailangan na arestado ang accused? In Bail, you are either, you are arrested or voluntary surrendered. But pag file mo ng bail, you are not precluded to question the court on its jurisdiction over your person What is this special jurisdiction of the court, by impugning such jurisdiction over its person. Ex. You are arrested in a warrantless arrest, so you are now in the custody of the court, the info was filed, and the court already have juris over your person since you are already arrested, and now, you will file a motion to quash the information (before arraignment) because your arrest was illegal, no valid warrant of arrest, and consequently, you will also pray for the dismissal of the case the ???? was invalid … since your arrest was illegal, the evidence is fruit of the poisonous tree (ex. Drugs) What about petition to reallow to post bail over the unbailable case MIRANDA V. GR NO. 158763 Custody of Law v. Jurisdiction over the Person (2011 Bar) Before the court can act before the petition for bail, … Custody of Law

Jurisdiction over the Person

BALIK TAYO SA SINABI nong case DAVID V. AGBAY GR NO. 199113 (2015) What is the meaning of the custody of law is not required for the adjudication of relief other that the application of bail?

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Jurisdiction over the person of the accused is deem waived when the filed a pleading seeking an affirmative relief. An accused can invoke the processes of the law to invoke the special juris of the court or … However, if such person invoking special jurisdiction of the law must submit himself to the court first. Let us examine the grounds on the motion to quash, these grounds on the motion to quash does not require for the accused to be in the custody of law, on those grounds, however for other grounds you have your (1. Information charges of offense; 2. Condition precedence; 3. Double jeopardy; prescription) You are invoking the special jurisdiction of the court. What is the effect if you are seeking for an affirmative relief, you are considered waiving the personality to question the arrest, you submitted to the jurisdiction of the court. If you only question those 3 jurisdiction, hindi yong mga grounds you are not waiving..

ARREST-SEARCH-SEIZURE

SEARCH-SEIZUREARREST

SEIZURE-ARREST-SEARCH

Search-seizure-arrestsearch-seizure

If the Arrest is invalid, the search is invalid, and the seizure is invalid If S-S is not valid, incompetent, cannot be used against you. PPL v. TUDTOD

What is the effect if the arrest was invalid in this ground? The ground is not warrantless arrest (ang kiniquestion nya, the arrest was invalid like miranda reading… What is the effect if the arrest is invalidated (that makes a lot of difference w/n you have deem waived your right to question the arrest.

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Ex. There was a visitor,, nag party, when the police arrived, the house was search, they are very high and very drunk, the search was conducted, and they found firearms, all was arrested, tapos may nakuha na shabu sa bulsa,.. in the court they question the arrest.. it was found that the arrest was illegal, pertaining the search and seizure… other arrest of the person in the vicinity is invalid.

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If you question that before the arraignment, … it has a backtrack chain effect. The information is quashed, so no valid information that holds you in court for trial, it also means that it has no valid inquest resolution. However, the case against you maybe refiled because the SEARCH and SEIZURE is valid.

The search by private individual which led to the arrest. Ex. Commercial building, malls, .. even if you question that search, it is permitted, even if the arrest is invalid because of the defects (custodial rights), the search and seizure is istill valid.

MIRANDA CASES WILL BE ASKED IN RELATION TO DE JOYA… READ THE THREE CASES AS ONE.

ARE THERE Indispensable parties in a criminal case? EX. 9 person complained for fraudulent estafa. What happened is that there are 2 person who executed an affidavit of the death of Juan Dela Cruz, another 2 person that attested that brought in the hospital but DOA, and another person in the hospital, civil registral issued death certificate, and 3 heirs who claim the insurance proceeds.. The Civil Registral was not included, it does not appear to have criminal mind in issuing Death Certificate. The DC is not fake, it is genuine; the hospital also not included, … kay wala man na admit kay sinabi na doa. No admission. The two heirs was not included. Kay isa lang ang nag sign. 4 persons were not included. Sabi nila, the INFORMATION was not complete, kc other person in the case na wala na include. READ CASE GABIONZA V. CA GR NO. 161057 DISTINGUISHED CIVIL V. CRIMINAL PROCEDURE. CRIMINAL PROCEDURE The Rules in Criminal Procedure does not provide and does not permit intervenors thereof.

CIVIL PROCEDURE

There is only 2 parties, the people and the accused. The accused that is listed in the Just like in VIOLATION OF ANTI-FENCING LAW. Ang nahuli is the fence, the person selling the stolen items, the information does not require to include the thief, kailangan lang ma proved na may thief, .. para ma prosecute ang fence.

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Even if aggravating circumstances is not alleged in the information, but during trial there was an attempt to prove other aggravating circumstance, but it does not proven, exemplary damages may still be awarded. ….. in connection with Article 2230 of the Civil Code. Even if qualifying or aggravating is not sufficiently proven, exemplary damages may still be awarded that is PPL V. DALISAY GR NO. 188106 NOV. 25, 2005 this will be asked PPL V. CATUBIG PPL V. CASUELA DALISAY

CATUBIG

CASUELA??

COMPARE THESE CASES….. MAHILIG ANG EXAMINER NINYO SA MGA THREE RELATED CASES COMBINED INTO ONE QUESTION.

SPECIAL QUALIFYING CIRCUMSTANCE/SPECIAL AGGRAVATING CIRCUMSTANCE PPL V. BADAJOS GR NO. 139692 In the information, the firearm is not registered, the accused does not have licensed to own, and no permit to carry firearm outside residence. What is the rule if the matter to pbe proven does not alleged in the information . during trial, the prosecution tries to prove information does not alleged or not related or connected in the information, the objection is IMMATERIAL. w/n it is stated in the information that the firearm is not registered and the accused is not licensed. Sabi ng prosecution, it is enough to proved the special aggravating circumstance. (ano effect ng special aggravating? Penalty na higher will be applied) Halimbawa, binaril sa binti, na prove na less physical injury, .. if tama pagka lagay sa information, about sa baril (unlicensed/unregistered) ma appreciate ang special circumstance. If not, ma violate ang rights ng Accused.. dapat, if the firearm has been used to perpetrate another crime, the circumstances involving the firearm must be alleged to appreciate aggravating circumstance. THIS RULING IS ALSO CONNECTED IN RELATIONSHIP in cases of rape Art. 266-B The allegation in the information of uncle and niece does not automatically establish relationship. You have to alleged that (3rd Degree) uncle and niece. It must be at the sphere of the civil degree. That’s PPL V. CAPT. MARCIAL LLANTO GR NO. 146458 In a catena of cases, we have ruled that the allegation that the accused is the "uncle" of the victim and the latter is his "niece" is not specific enough to satisfy the special qualifying circumstance of relationship under Art. 266-B, supra. In People v. Lachica,44 we held: "If the offender is merely a relation – not a parent, ascendant, step-parent, or guardian or common law spouse of the mother of the victim – it must be alleged in the Information that he is ‘a relative by consanguinity or affinity [as the case may be] within the third civil degree.’" (People v. Libo-on, GR No. 136737, May 23, 2001, per Gonzaga-Reyes, J.; People

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v. Banihit, 339 SCRA 86, 96, August 25, 2000, per Ynares-Santiago, J. – both citing People v. Ferolino, 329 SCRA 719, 735, April 5, 2000, per Davide, CJ.) Moreover, even if the relationship by consanguinity or affinity is alleged in the Information, it is still necessary to allege further that such relationship is within the third civil degree. . ."

CONSPIRACY FRANCISCO V. PP GR NO. 177430 Conspiring, confederating, and mutually … to one another. If it is attended by several persons, yet other person is not identified, a John Doe Name is sufficient to establish the conspiracy. But that information is not be the basis to issue warrant of arrest against JOHN DOE. Participate in and facilitate the ….. (it is acceptable to alleged consipiracy) “Unlawfully and unknowingly participate in the transportation of the “ What if conspiracy is not alleged? Quasi-Collective Criminal Responsibility - Each accused is liable of his own acts ANOTHER CASE SENADOR V. PPL GR NO. 201620 The question here is when is proper to identify Identity and Information is immaterial I have to end this, pls take note of this last case (LAHoyLAHOY) PERA NINAkaw, it is sufficient to invoke the money. Cash and money, without idenfiying the serial number of the money. (Lahoylahoy) Interpreting the previously discussed cases, We conclude that in offenses against property, if the subject matter of the offense is generic and not identifiable, such as the money unlawfully taken as in Lahoylahoy, an error in the designation of the offended party is fatal and would result in the acquittal of the accused. However, if the subject matter of the offense is specific and identifiable, such as a warrant, as in Kepner, or a check, such as in Sayson and Ricarze, an error in the designation of the offended party is immaterial.

If the subject matter in the offense is specific and identifiable (rapenter rulling, cases in search warrant) if may serial number (rifle) it must be included. Pero if a crime against property (estafa) it is necessary to identify the check. You cannot present the check in the estafa case if it is not specifically alleged in the information. Is it sufficient to alleged the check no. ? YES it is sufficient that any two corroborating information U.S. vs. Lahoylahoy and Madanlog, 38 Phil., 330 (1918) In Lahoylahoy, the subject matter of the offense was money in the total sum of PhP 100. Since money is generic and has no earmarks that could properly identify it, the only way that it (money) could be described and identified in a complaint is by connecting it to the offended party or the individual who was robbed as its owner or possessor. Thus, the identity of the offended party is material and necessary for the proper identification of the offense charged.

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Corollary, the erroneous designation of the offended party would also be material, as the subject matter of the offense could no longer be described with such particularity as to properly identify the offense charged. Interpreting the previously discussed cases, we conclude that in offenses against property, if the subject matter of the offense is generic and not identifiable, such as the money unlawfully taken as in Lahoylahoy, an error in the designation of the offended party is fatal and would result in the acquittal of the accused. However, if the subject matter of the offense is specific and identifiable, such as a warrant, as in Kepner, or a check, such as in Sayson and Ricarze, an error in the designation of the offended party is immaterial.

READ THESE CASES: QUIMVEL V. PPL GR NO. 214497 APRIL 18, 2017 read this together with PPL V. LARIN

357 Phil. 987

(1998) The following pronouncement in People v. Larin is significant: A child is deemed exploited in prostitution or subjected to other sexual abuse, when the child indulges in sexual intercourse or lascivious conduct (a) for money, profit, or any other consideration; or (b) under thecoercion or influence of any adult, syndicate or group.

CHEN V. SY GR. NO. 174238 When you read these cases, please familiarize the history of these cases. CHEN V. SY GR. NO. 174238 Petitioner Anita Cheng filed two (2) Estafa cases before the RTC of Manila against respondent spouses William and Tessie Sy for issuing checks drawn against a closed account. Said cases was dismissed for failure of the prosecution to prove the elements of the crime. The order contained no declaration as to the civil liability of Tessie Sy. Petitioner Anita Cheng Filed 2 estafa cases before the RTC Manila against spouses William and Tessie Sy for issuing to her PBCOM check for 300,000 each. In payment of their loan. Both of which were dishonored upon presentment having been drawn against closed account. On January 20, 1989, Anita filed against the respondents to cases for violation of BP 22 before MeTC Manila. On march 16, 2004, the RTC dismissed the estafa cases for failure of the prosecution to prove the elements of the crime.

Petitioner also filed against the respondents two (2) cases for violation f BP 22 before MeTC which was also dismissed on account of failure of petitioner to identify the accused respondents in open court. The order also did not make any pronouncement as to the civil liability of the accused respondents.

The petitioner then lodged against respondents before RTC Branch 18 Manila a complaint for collection of sum of money with damages previously subject of the estafa and BP 22. The the case was again dismissed for lack of jurisdiction.

WHEN IS THE COURT REQUIRED TO RENDER AN AWARD IN A CRIMINAL CASE? ESTAFA – ruling on criminal aspect and award. What I am asking. If you are the court – when are you mandated to render the civil award? Under the rules, the judge must also render the decision for the award, … now when would be mandatory for the judge to rule? INDEPENDENT CIVIL ACTION. As a GR when a criminal action is instituted the civil action is also deemed instituted on the very same criminal action and the cause of

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action on the civil liability is only ex delito. (5 diba? Removed the other 4, what is instituted is the civil liability ex delito) then here comes independent civil action if it is part of the ICA, what can the private complainant do? RESERVED, WAIVED, INSTITUTE IN THE CRIMINAL ACTION. EX. I am the private complainant, may inquest (physical injury). I filed a civil case after I filed a criminal case? Can I do that? It can be done because there are diff sources of obligation. The cases went on, .. and in the main time, pursuing the case in tagum. And I won. And I already have the civil award, …. And of course matagal pa ang criminal case.. question, when we submitted for decision, what should the decision of the criminal case contain? Can the award …. It is in the CHENG v. SY… can the court in trying the criminal case, can properly the judge award civil liability ex delicto … NAG DECISION ANG TAGUM, MAY AWARD. DITO SA DIGOS, CAN THE JUDGE STILL RENDER CIVIL LIABILITY EX DELITO AWARD? What is the bar against the recovery If you have read cheng v. sy . there is no bar to award civil award, no bar to make an award twice, he can render decision in a criminal case convicting the accused and giving the award pertaining civil liability ex delicto despite of the award of the previous decision.. IS THE JUDGE GUILTY OF ABUSE OF DISCRETION in rendering the award. Award must reconcile. So I match ang two award, which ever is HIGHER. And if naka collect na sya sa una, and mas mababa, the excess is recoverable. What is prohibited is the recovery of award twice. That’s the meaning of CANNOT RECOVER TWICE. Let us put it this way, I filed first the civil case, in tagum, and subsequently the criminal case was filed in court. Can the criminal case proceed? When I filed the civil action ahead of time, what source of obligation was automatically in it? (lahat ng source ng obligation come into play, including ex delicto source.) that is why hen subsequently criminal case filed, the civil action must wait.. yong ex delicto mo nauna na doon, and since criminal cases filed, this is one of the EXEMPTION, whatever here the cause of action is pending, … you cannot split that and take it away frim there.. no splitting of causes of action. CHENG V. SY.

But here is a very unique problem because the BP 22 calls for the mandatory consolidation of BP 22 cases both criminal and civil . when the criminal case is filed, you cannot make reservation, you cannot file it separately, although you cannot waive it , but it stuck in there because of the rules of mandatory consolidation. Ex. Nag file ka una ng civil case, nag file ka ng recovery of the amount (civil case) question, can you file the criminal action? PRINCIPLE OF PRECEDENCE OF CRIMINAL ACTION IN BP 22 CASE, THE civil action is filed first, and the criminal action mandatory consolidated to the criminal action. (BAR QUESTIONS FOR 2019)

Rule if the civil action is filed ahead of the criminal action in a case where there is no independent civil action. Whenever the offended party shall have instituted the civil action before the filing of the criminal action and the criminal action is subsequently commenced, the pending civil action shall be suspended, in whatever stage it may be found, until final judgment in the criminal action has been rendered. However, if no final judgment has been rendered by the trial court in the civil action, the same may be consolidated JDPAGADUAN

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with the criminal action upon application with the court trying the criminal action. If the application is granted, the evidence presented and admitted in the civil action shall be deemed automatically reproduced in the criminal action, without prejudice to the admission of additional evidence that any party may wish to present. In case of consolidation, both the criminal and the civil actions shall be tried and decided jointly. (Sec. 2). ---Because of the mandatory consolidation and the accused is acquitted an no amount is imposed in the BP 22, the remedy is notice of appeal in the civil aspect. The prosecutor cannot be obligated to assist the private complainant to pursue the civil action. Once the notice of appeal is filed (MTC, THE ONE RENDERED JUDGMENT) then transmit it to the RTC (RTC is the Appellate court) the RTC MAY not put the prosecutor in contempt for not appealing on the hearing on the case. Why? Because it is precisely a purely civil case. Pinagtatalunan dito sa CHENG, tatangatanga yong prosecutor sa pag-appeal…

Next meeting, read case DREAMWORK CONSTRUCTION V. JANIOLA GR NO. 184861 Dreamwork v Janiola (DIGEST) G.R. No. 184861; 30 June 2009 FACTS: This case is a petition for the reversal of the decision on the suspension of the criminal proceeding filed by the petitioner in the MTC for the ground that there is a presence of prejudicial question with respect to the civil case belatedly filed by the respondent. The petitioner appealed to RTC but denied Dreamwork, through its President, and VicePresident, filed a Complaint Affidavit against Janiola for violation of BP 22 at the Office of the City Prosecutor of Las Piñas City. Correspondingly, the former also filed a criminal information for violation of BP 22 against private respondent with the MTC, entitled People of the Philippines v. Cleofe S. Janiola. On September 20, 2006, Janiola instituted a civil complaint against petitioner for the rescission of an alleged construction agreement between the parties, as well as for damages.

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Thereafter, respondent filed a Motion to Suspend Proceedings in the Criminal Case for the ground that private respondent claim that the civil case posed a prejudicial question against the criminal case. Petitioner opposed the Respondent’s Motion to Suspend criminal proceeding based on juridical question for the following grounds: (1) there is no prejudicial question in this case as the rescission of the contract upon which the bouncing checks were issued is a separate and distinct issue from the issue of whether private respondent violated BP 22; and (2) Section 7, Rule 111 of the Rules of Court states that one of the elements of a prejudicial question is that “the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action”; thus, this element is missing in this case, the criminal case having preceded the civil case. The MTC granted the Respondents Motion to Suspend Proceedings. Petitioner appealed the Orders to the RTC but denied the petition. Hence, this petition raised.

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ISSUE: Whether or not the MTC or RTC Court erred in its discretion to suspend proceedings in Criminal Case on the basis of “Prejudicial Question “, with respect to the Civil Case belatedly filed. HELD: This petition must be granted, pursuant to SEC. 7. Elements of prejudicial question. The elements of a prejudicial question are: (a) the previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action; and (b) the resolution of such issue determines whether or not the criminal action may proceed. Under the amendment, a prejudicial question is understood in law as that which must precede the criminal action and which requires a decision

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before a final judgment can be rendered in the criminal action. The civil action must be instituted prior to the institution of the criminal action. In this case, the Information was filed with the Sandiganbayan ahead of the complaint in Civil Case filed by the State with the RTC. Thus, no prejudicial question exists. The Resolution of the Civil Case Is Not Determinative of the Prosecution of the Criminal Action. Even if the trial court in the civil case declares that the construction agreement between the parties is void for lack of consideration, this would not affect the prosecution of private respondent in the criminal case. The fact of the matter is that private respondent issued checks that were subsequently dishonored for insufficient funds. It is this fact that is subject of prosecution under BP 22. Therefore, it is clear that the second element required for the existence of a prejudicial question, is absent. Thus, no prejudicial question exists.

SAN MIGUEL PROPERTIES V. SECRETARY GR NO . 166836 18. SAN MIGUEL PROPERTIES INC. vs PEREZ, Sep 4,2013 FACTS: Petitioner San Miguel Properties Inc. purchased from B.F. Homes, Inc. 2,130 residential lots situated in its subdivision BF Homes Parañaque. The transactions were embodied in three separate deeds of sale. The TCTs covering the lots bought under the first and second deeds were fully delivered to San Miguel Properties, but 20 TCTs covering 20 of the 41 parcels of land purchased under the third deed of sale, were not delivered to San Miguel Properties. On its part, BF Homes claimed that it withheld the delivery of the 20 TCTs for parcels of land purchased under the third deed of sale because Atty. Orendain had ceased to be its rehabilitation receiver at the time of the transactions after being meanwhile replaced as receiver by FBO Network Management, Inc. on May 17, 1989 pursuant to an order from the SEC. BF Homes refused to deliver the 20 TCTs despite demands. Thus, San Miguel Properties filed a complaint-affidavit in the Office of the City Prosecutor of Las Piñas charging respondent directors and officers of BF Homes with non-delivery of titles in violation of Section 25, in relation to Section 39, both of Presidential Decree No. 957. At the same time, San Miguel Properties sued BF Homes for specific performance in the HLURB praying to compel BF Homes to release the 20 TCTs in its favor. San Miguel

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Properties filed a motion to suspend proceedings in the OCP Las Piñas, citing the pendency of BF Homes’ receivership case in the SEC. In its comment/opposition, BF Homes opposed the motion to suspend. In the meantime, however, the SEC terminated BF Homes’ receivership on September 12, 2000, prompting San Miguel Properties to file on October 27, 2000 a reply to BF Homes’ comment/ opposition coupled with a motion to withdraw the sought suspension of proceedings due to the intervening termination of the receivership. The OCP Las Piñas rendered its resolution, dismissing San Miguel Properties’ criminal complaint for violation of Presidential Decree No. 957 on several grounds, one of which was that there existed a prejudicial question necessitating the suspension of the criminal action until after the issue on the liability of the distressed BF Homes was first determined by the SEC en banc or by the HLURB. ISSUE: Whether the HLURB administrative case brought to compel the delivery of the TCTs could be a reason to suspend the proceedings on the criminal complaint for

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the violation of Section 25 of Presidential Decree No. 957 on the ground of a prejudicial question RULING: YES. A prejudicial question is understood in law to be that which arises in a case the resolution of which is a logical antecedent of the issue involved in the criminal case, and the cognizance of which pertains to another tribunal. It is determinative of the criminal case, but the jurisdiction to try and resolve itis lodged in another court or tribunal. It is based on a fact distinct and separate from the crime but is so intimately connected with the crime that it determines the guilt or innocence of the accused. The rationale behind the principle of prejudicial question is to avoid conflicting decisions. The determination of whether the proceedings ought to be suspended because of a prejudicial question rested on whether the facts and issues raised in the pleadings in the specific performance case were so related with the issues raised in the criminal complaint for the violation of Presidential Decree No. 957, such that the resolution of the issues in the former would be determinative of the question of guilt in the criminal case. An examination of the nature of the two cases involved is thus necessary. An action for specific performance is the remedy to demand the exact performance of a contract in the specific form in which it was made, or according to the precise terms agreed upon by a party bound to fulfill it. Evidently, before the remedy of specific performance is availed of, there must first be a breach of the contract. On the other hand, Presidential Decree No. 957 is a law that regulates the sale of subdivision lots and condominiums in view of the increasing number of incidents wherein "real estate subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly" the basic requirements and

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amenities, as well as of reports of alarming magnitude of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators.

Conformably with the foregoing, the action for specific performance in the HLURB would determine whether or not San Miguel Properties was legally entitled to demand the delivery of the remaining 20TCTs, while the criminal action would decide whether or not BF Homes’ directors and officers were criminally liable for withholding the 20 TCTs. The resolution of the former must obviously precede that of the latter, for should the HLURB hold San Miguel Properties to be not entitled to the delivery of the 20 TCTs because Atty. Orendain did not have the authority to represent BF Homes in the sale due to his receivership having been terminated by the SEC, the basis for the criminal liability for the violation of Section 25 of Presidential Decree No. 957 would evaporate, thereby negating the need to proceed with the criminal case. Worthy to note at this juncture is that a prejudicial question need not conclusively resolve the guilt or innocence of the accused. It is enough for the prejudicial question to simply test the sufficiency of the allegations in the information in order to sustain the further prosecution of the criminal case. A party who raises a prejudicial question is deemed to have hypothetically admitted that all the essential elements of the crime have been adequately alleged in the information, considering that the Prosecution has not yet presented a single piece of evidence on the indictment or may not have rested its case. A challenge to the allegations in the information on the ground of prejudicial question is in effect a question on the merits of the criminal charge through a non-criminal suit

CONSING JR. V. PPL GR NO. 161075 An independent civil action based on fraud initiated by the defrauded party does not raise a prejudicial question to stop the proceedings in a pending criminal prosecution of the defendant for estafa through falsification. This is because the result of the independent civil action is irrelevant to the issue of guilt or innocence of the accused. WON there is an existence of a prejudicial question that warranted the suspension of the proceedings in Makati Criminal Case? HELD: NO. Consing, Jr. has hereby deliberately chosen to ignore the firm holding in the ruling in GR No. 148193 to the effect that the proceedings in Criminal Case No. 00-120 could not be suspended because Makati Civil Case was an independent civil action, while the PASIG Civil Case raised no prejudicial question. That was wrong for him to do considering that the ruling fully applied to him due to the similarity between his case with Plus Builders and his case with Unicapital.

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Familiarize PI – INFORMATION Jurisdiction, etc ARREST Rights Arraignment BAIL

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PROBABLE CAUSE (late ko) GR NO. 1 82336 – OPTION . dismiss the case 2. If finds pc, issue warrant 3. In case of doubt pc, order pros to issue additional evidence. No committing grave abuse of discretion What if after the Resolution, there is a motion for recon and a petition for Review and there is a resolution of the case. What will happen? Ang ginawa dito – what is the effect of the petition of review to the Sec of Jus to the warratnt of arrest issued by the judge? VIUDEZ II II V. CA GR NO. 152889, June 5, 2009 – this is really technical, it boils down to the level of …. It is the executive has the prerogative who to prosecute and not to prosecute. Since the petition for review is part of the……. Can we say to the court, wait do not implement the W.Arrest – Can the Secretary of Justice say, TRO mo muna ang W.Arrest mo.? Can they do that? To defer on the … encroachment on the prerogative of the judge and the whole of the judiciary, so the arrest cannot be suspended. Once it is issued by the court, the arrest must be made, it cannot defer by the executive. It is the executive department who filed the information. Arestohin jud. However, the effect on the petition for review can be a ground to dismiss the action. Non-bailable offense, yes, there can be a person who is not allowed to post bail, but walang case na hindi puede i-bail…. May lusot talaga yan para i-bail.

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However, even if the executive cannot defer the implementation of the warrant of arrest, if by motion of any party, is afddress to the court and based on the sound discretion of the court. …. I will recall the warrant of arrest, suspending its implementation temporarily,… pending…. Can the court do that? The discretion of the court w/n to suspend upon the motion of the complainant remain, the mportant thing here is that, it is the COURT will decide w/n puede or hindi muna i-implement, only the judge hold that discretion… if you are the defense counsel, punta ka sa judge who issue the warrant by motion to suspend…. YAN.. YAN ANG IBIG SABIHIN. IN LARANAGA V. CA GR 130644 MARCH 30, 1998 the arrest was described as being a restrain on the person, depriving one’s liberty,… obedient of the law. Any form of restraint of liberty, or depriving him is considered as arrest. Then we have, what is the lifetime of the warrant of arrest? Until arrested!!! Once arrested, the WA has served its life. THE WARRANT OF ARREST WAS SERvE, after it was served, the person was presented on the court, on the way back from court, the person escaped, … is there a need to ask for an alias warrant of arrest? For the rearrest of the person? MANAGAN V. CFI, GR NO. 82760 (32760)???? The basis of the rearrest of the person is the no. 3 exception on the warrantless arrest. . there is a slight variance, he may escape, it could be arrested based on the No. 3 XPN warrantless arrest…. If he posted bail, and the court ordered his release, the accused jump bail, … IS THERE A NEED FOR THE ISSUANCE FOR THE ISSUANCE OF ANNOTHER WARRANT OF ARREST? OR STILL COVERED IN THE NO.3 XPN WARRANTLESS ARREST????? _______________ What is the difference in the invitation and arrest? Is invitation allowed? Can a police officer invite somebody to go to the police station without serving warrant of arrest? The SC said, a coercive invitation is equivalent to an arrest where the invitation comes from the powerful group and the designated investigation site SANCHEZ V. DEMETRIO GR NO. 111771-77. If the invitation is custodial investigation is effective peacefully and the suspect accompanying the police to the station gives his consent… there is allowable time for custodial investigation as designated in Art. 175???? Check.. you have 12-18-36-72 you are not yet under arrest when you consented. EG. Gi blotter iyang GF, hello sir, naa diri si maam juana puede ka ba namo maimbita? …. Can the Mistress file emotional distress against the BOY? If she can, what is your defense? Aside from ARREST, is BAIL. BAIL is a constitutional right. Wala masyado prob sa bailable offense… the amount of bail is discretionary on the part of the court and recommendary on the part of the executive. (only last year, the bail was multiplied 3x) While BAIL as a matter of right, it is also a matter of right of the accused what type of bail to post. Kinds of Bail. (these options CASH , PROPERTY OR SURETY) the discretion what of bail to post belongs to the accused, not the court, the court only has the discretion to fix the amount. VICTORY LINER V. JUDGE RENALDO VILLOSILIO (judge) AM NO.

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WHEN IS BAIL not required??? Bail is not required on the ff. a. person charged with violation of municipal or city ordinance b. a life c. a criminal offense where the prescribed penalty is not higher than 6 months imprisonment and a fine of more than P2000. Except however, in 1. flagrante delicto 2. person confess 3. previously escape from confinement 4. a person found to have previously violated sec. 2 RA 6036 5. a person who has been previously pardon for violation of municipal or city ordinance for at least 2 times. 6. a person found residivist, quasi-habitual delinquent 7. a person who missed the parole under conditional pardon????? No bail is also required when the rules of court provide. Ito yong mga Time out Serve. --- the penalty is aresto mayor, caught in flagrante delicto, it so happened that today, is his 6th month, even if he is convicted, he will no longer serving penalty, so hindi mag over staying…. Time out serve will be released immediately pending trial If destiero, he will be released after 30-days. Ex. Gidakop, inflagrante delicto, gidakop, after arraignment, gi release dayon. Released from custody after arraignment kay distierro lang daw… Can BAIL is REDUCED?? It is under the discretion of the COURT. BAIL is a very powerful tool of the defense counsel.. full dapat payment, para pag na release, puede ihatag sa imo. Full. Hahahahh NON BAILABLE OFFENSES Bail is a matter of right before conviction in the mtc, after conviction in the RTC Bail is discretionary before conviction when the offise charge is punishable by death… CHECK THE ENUMERATION OF BAILABLE AND NON-BAILABLE OFFENSES. CHECK… The summary hearing, this procedure not subject to hearing not only for the prosecution to present its evidence to be STRONG, and also for the accused to present evidence to prove that evidence of the prosecution is WEAK. We have TABAO V. JUDGE ESPINA AM NO. . JUNE 14, 1996 It is necessary for the judge to hear summarily one of the prosecution to present, the judge here may not put limitation on what the prosecution to present to prove the evidence of guilt. If the prosecution desires to expound questions the judge must appreciate its full extent. It is grave abuse of discretion to let the prosecution to submit papers and the court will decide…. It is the prosecution..

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The defense also not precluded to present its evidence to prove that the prosecution’s evidence is WEAK, the accused who is willing to post bail, cannot be deprived to adduce evidence in his favor. Eg. Yong defense ng accused is a substantiated alibi (there are object, testamentary corroborating that he is in the event.) the wedding was 2pm in BOHOL, the crime was committed somewhere in Marikina at around 2:45PM, there was a substantiated alibi, (video, witness na siya pumatay) it could be indifferent for the JUDGE, not to allow the defendant to present evidence that the evidence of the Prosecution IS weak. MOVING ON… There is also another type of problem.. .there was NO PETITON FOR BAIL PPL V. PLAZA GR NO. 176933 What happened, there was arraignment, pre-trial and trial,… pinabilis ang case, ginamit ang speedy trial… after the information was filed in court, filed agad sya ng motion to set arraignment,(after 3 days,) after arraignment file sya ng pretrial brief with prayer to set trial date, with continuous trial. (2 months inallocate nya)…. Pumayag ang Judge, wala naka porma ang prosecution, gi kara-kara, file ng MOTION FOR LEAVE TO FILE DEMURRER OF EVIDENCE, and the court ruled on the demurrer and ruled that at the stage where the desfense that has not yet present evidence, ……. The defense manifest to post bail because on the demurrer there was only proof beyond reasonable gr0und .. and reduce bail a…. can the judge fixed the amount of bail up0n motion of the accused? When in the demurrer instead of murder, homicide nalang…. Na downgrade ang case. If the decision of the trial court ‘THE RESPONDENT IS ENTITLED TO BAIL , WHAT THE PROSECUTION HAS OFFERED IS ALREADY EVIDENCE IN CHIEF, AND WHAT WAS PROVEN, AND AT THIS STAGE, BAIL IS A MATTER OF RIGHT” Makita nyo ang logic, if the court is empowered to grant bail in a summary hearing, he has still the discretion to adjust bail… from nonbailable to bailable : ano ang gina resolved pag demurrer, the demurrer is denied , .. if denied, set hearing for the defense to present evidence… pag kayo ang counsel ng prosecution, pag na deny ang demurer nyo, present lang ng evidence, … para if ma deny, wala na waived ang right to present evidence. There is a slight change SIMBOLAN V. CA even if the accused learn the issuance of warrant of arrest against him, can the accused post bail even if he has not yet arrested? The answer is???? .!!! IF NOT YET ARRESTED, you can post bail in the branch kung asa gi file, pero pag arrested ka na, puede ka ma post sa place asa ka na arrest. If you have not arrested, other court does not have custody against you. If may warrant of arrest ka sa davao, nasa manila ka, punta ka nbi, check mo, the if meron, paaresto ka, post bail dayon… sEc. 14, Rule 114 I REALLY want you to READ the case of ENRILE V. SANDIGANBAYAN FULLTEXT GR NO 213847 AUGUST 18, 2015 Enrile was charged with plunder, together with Janet Napoles, etc… this is the decision where Enrile was allowed to post bail.

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Enrile v. Sandiganbayan is the summary of all bail ruling in the past… How is Bail Posted? Administrative Requirements (mugshot, undertaking, providing the contact details, including the taking of biometrics, fingerprinting, other DNA sample – swab) Another new development is Bail is now warrant on direct filing, … when is direct filing allowed when there is no available prosecutor that would conduct inquest. Who would it be done? The police directly file their affidavit in the court. If the case that was directly filed in court, the charge is non-bailable offense, TOLENTINO V. JUDGE CAMANO JR. AM NO. RTG-00-1522 JANUARY 20, 2000 Sabi ng Judge, hindi puede kc non-bailable ang charge, 5 days to ask Preliminary Investigation, .. because there is no PI, it is a matter of right that we will post bail. And the accused who is charged in the court without PI, may file bail… temporary ang bail… puede na I cancel ang bail if ma prove na murder na ang case…. Or nonbailable. So that’s BAIL. What happens when one JUMP’S BAIL.??? If the accused was arrested and post bail, and before arraignment he JUMPS BAIL, during arraignment, the court has already acquired jurisdiction, however, arraignment requires PRESENCE of the accused, since he is not already in court, the BAIL after due notice to all parties concerned maybe cancelled in favor of the GOVERNMENT….. (DUE NOTICE – to all parties, including the bond person), if he cannot produce the body of the accused, the bail maybe forfeited).. another warrant should be issued, not because of the crime but the failure to be present in the court. Wala sya sa Pi, wala sa pre-trial, trial, can the proceedings continue or his arrest be ordered? HIS ARREST is up to the discretion of the court, but the proceedings can go on… Three (3) lang ang need sa presence ng accused. Arraignment, court identification, promulgation of judgment. THE CASH BOND WILL BE forfeited in favor of the government, and an new warrant of arrest will be issued. FINE (SA TREASURY OF THE PHILIPPINES, ANG CASH BOND FORFEITED, SPECIAL YAN.. ANOTHER effect of jumping bail, if the convict is an employee, the blow would be on the employers right to appeal PHILPPINE RABBIT BUS V. CA GR NO. 147703 THE civil liability ex delito where the employer is subsidiarily liable on the case, would have no option/?? Or right??? Ambot basta - to appeal if the convict employee jumps bail. === WHAT FOLLOWS AFTER BAIL? Information was filed, arrest was made, bail, setting of the arraignment.

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SO YOU ALWAYS HAVE YOUR PRE-ARRAIGNMENT MOTIONS. ARRAIGNMENT What will you do before the arraignment   

Pre-arraignment motion Motion for bill of particular Motion to quash the information May before arraignment, if you are the defense counsel, if is suggested that you file them all before arraignment, since there are some case that are waived after arraignment.

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The arrest itself questioning the jurisdiction of the court because of the invalid arrest … raise with the arraignment. Questioning pre-conditions (condition precedence, kc failure to KKB, waived after arraignment) Labor Clearance (there are certain cases that requires clearance before the er file case) o Meron tayong mga ULP, some of those are criminal in nature, if ER files against EEs, and does not have clearance from the dOLE, that case maybe dismissed because of lack of clearance… it can be waived upon arraignment When there is no clear showing it is also submission in the tenancy issues, it must be record first to the DARAB before going back to court. (IF it is not invoked before arraignment, waived) There are grounds in the Criminal Procedures that DEFENSES may waived before arraignment, as a defense Counsel it is your duty to protect your client.

V. ANG GR NO 192898 JAN 21, 2011 PROCEDURALLY procedurally speaking, when filed in court, it is the court control.. any motion raised, must be in the court. How many days I-SET ang arraignment if ang petition for review sa Secretary of Justice…..?????? HOW MANY DAYS? Maximum number of days in the SPEEDY TRIAL RULE….. 180 days (6 months) Date of filing of information – Date of Arraignment (pag mulapas ang arraignment, peti ang judge, P7,500 ang penalty sa Judge) VIOLATION OF THE SPEEDY TRIAL

ESTRADA DOCTRINE GR NO. 138874-75 Wala sya lawyer, Paco Laranaga was still looking for lawyer, and the lawyer dragging the case, the court may appoint accused a counsel de officio, Kay ESTRADA, he has lawyer, he fires all hi lawyer. You cannot be allowed to delay the hearing, the court will appoint lawyer. AFTER ARRAIGNMENT, there are incident on arraignment also for the PROSECUTOR, ARRAIGNMENT has huge effect on the correctness of the information. Before arraignment, the prosecutor can amend the information, the amendment however, must be limited on the findings of the resolution, if the resolution is homicide, he can amend within the bound only of the homicide. .. if the reso finds murder, he cannot amend the information do downgrade except with the approval of the city prosecutor..

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There is RIGHT to amend before Arraignment but must be inline with the RESOLUTION WHWAT IF THE RESOLUTION finds for ESTAFA, sa resolution, yong fiscal ang nag resolved, finds ESTAFA, ang resolution filed in court, ang prosecution na nag handle ng case, said, QUALIFIED THEFT, …. Can it be cured by amendment? CAN THE PROSECUTOR handling the case is convinced that the information filed in court is Qualified Theft, HE WILL FILE A MOTION to withdraw and conduct reinvestigation.. or at the very the same case, motion for reinvestigation, he will be the one be ordered to investigate, and he will withdraw the information in court, and submit the report on reinvestigation to the judge and make the proper withdrawal of the information. To charge for ANOTHER crime, a REINVESTIGATION must be conducted. When is proper to WITHDRAW? If mali ang information na gi file sa police, like murder, dapat, homicide, puede sya file motion for reinvestigation. Or inform the defense?? [puede] Amendment or Withdrawal ????? if different jurisdiction, file motion to withdraw sa pikas, and file correct sa pikas AMMENDMENT, SUBSTITUTION, REPLACEMENT AND WITHDRAWAL AMMENDMENT - If there are variance in the information (mali ang pangalan, date, qualifying circumstance) PROVIDED that the CHARGE IS STILL THE SAME. Any upgrade or downgrade kailangan SUBSTITUTION OF INFORMATION – like slander, pero dapat ang charge is unjust vexation, so there is an substation of correct evidence to conform the proper offence charge. You cannot just make a substitution because it would be a violation of the right to be informed. (pero if falls within the variance of VARIANCE doctrine) Ex. Robbery, the threat intimidation and everything is present, we can say that grave threats is necessarily included in the charge of robbery…. Or puede rin walang subjstitution, can the judge just decide and convict the accused with grave threwats? YES, VARIANCE, GRAVE THREATS IS INCLUDED. PRIVATE FUNDS .. sample. Association, livelihood, misappropriated by the officers of the association, charged with malversation…. Character of funds became private if it is subject to a contract of loan, …. The judge will allow you to change substitute.

AMMENDMENT AFTER THE ARRAIGNMENT, when the accused already pleaded not guilty, is it allowed? Amendment as not to prejudice the of the accused. (spelling, minor lang, and time is not element, amendment is only formal) After supervening event has occurred, …IT IS allowed, SUPERVENING EFFECT, TEJANKE V. MADAYAG THAT IS THE ACCUSED HAS PLEADED NOT GUILTY. IF ACCUSED PLEADED GUILTY IN THE ARRAIGNMENT, CASE OF IVELER IEVLER… GR NO. 172716 IVELER… DILI NA PUEDE ANG AMMENDMENT DUE TO SUPERVENING EVENT.

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AMMMENDMENT MAYBE EFFECTED DURING PRE-TRIAL AGREEMENT. Types of Pre-Trial Agreements Procedural agreements – can you modify procedural agreements??? Is the approval of the court on the PRE-TRIAL AGREEMENT IS BINDING? No .. approval of court is mentioned in Section 2, Rule 116, …. What makes the stipulation binding is the FACT of their agreement and both parties signed the agreement. How you will do in a fast pace scenario? If stipulated, tapos made an offer, . you would be surprise that they object,… we did not signed…naa bay mabuhat ang court? Wala, the rule says, to be binding to the accused, the accused must sign… fast moving, how do you do it, MANIFEST, MADE TO SIGNED ALL THE STENOGRAPHIC NOTES,…. Substantial compliance to bind the accused to the stipulation. It is inadmissible if he and his COUNSEL did not signed. That’s PPL V. MELICIO???? … PRE TRIAL AGREEMENTS 172716 IVELER… What are again another topic after PRE-TRIAL Marking of exhibits, submission of documentary exhibits, copying documentary exhibits, even if there is reservation, no object and documentary exhibits can be presented if not invoked during pretrial. What about reservation?? Before those RESERVATION CAN BE INVOKED, there must be MOTION TO LEAVE OF COURT to allow to adduce….. para walay surprises, the other party to notify those exhibit… the PURPOSE of those ruling is DUE PROCESS. Also during the pre-trial, WITNESS ARE enumerated, NO WITNESS CAN BE HOLD to testify without enumerated… reservation? Yes, pero with leave of court to allow other party… during those motion , witnesses must be name. LAHAT during pre-trial, isa-isahin mga witness ano I testifiy nila. May summary.. XPN sa rule that no witness may be added if not mentioned, in case of the PROSECUTION, THE PRIVATE OFFENDED party itself even if not enumerated in the pre-trial, may be presented. If there is more than one offended party, the nearest of KIN. (THE NEAREST NOT NEED TO BE ENUMERATED) In case of the ACCUSED, even if the accused is not listed in the PRE-TRIAL, he must be allowed to testify. PRE-TRIAL is the AMMECABLE SETTTLEMENT OF THE CIVIL ASPECT, maybe discussed at the PRE-RRIAL, what is prohibited is the compromise agreement on the criminal aspect. Another topic is a kin to compromise agreement, is plea bargaining. (I will send you a copy of plea bargaining rules of drugs) PLEA BARGAINING is a process where the accused will plea guilty on the charge… to a reduced sentence. Before the arraignment, t he accused and the state may agree on the straight plea of guilt provided that the penalty is the minimum of the range. (ex. The penalty is prison correctional, (6mos 1 day to 6 yrs)

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Another type is plea bargaining to a lesser offense. - (probation, bargain for a lesser offense, like qualified theft, plea guilty on theft, para maka labas ka, mag probation ka) ABACAN V. OJERO AM NO. RTJ-93-956 - Plea bargaining in this case was not allowed. San ka mag plea guilty sa lesser offense (homicide and attempted) san ka mag plea? Sa reckless imprudence resulting to homicide. Dolo to Culpa GONZALES III V. OFFICE OF THE PRESIDENT GR NO. 196231 sept 2012 – in this case emphasizes petition ng pao to pag withhold ng consent ng prosecutor in drug cases, in drug cases before, plea bargaining is not allowed dati. Ito yong Gonzales III.. ito yong interim case. DAAN V. SANDIGANBAYAN GR NO. 163972-77 – PLEA-BARGAINING maybe done at any stage of the proceedings (continuing plea-bargaining process)

PRE-TRIAL CONFERENCE Read ADMINISTRATIVE MEMO 15-06-10-SC continuous trial Applicability: It shall apply to newly-filed criminal cases including those governed by special law and rules of 1st and 2nd level courts, Sandiganbayan, and Court of Tax Appeal. Objectives: To protect and advance the constitutional rightof person to speedy disposition of their criminal cases; Can we have a make up classes straight three (3) hours on Thursday.???? Yes. © 5:30PM March 20, 2019 Resoution Information If accused required custody, judge will personally examines all documents and issue warrant of arrest if he finds probable cause; or instead of arrest issue …. Order.. Bail Bailable and Non-bailable Offenses Arraignment Defense (there are defenses that are considered waived upon entering plea, those defenses must be invoked before arraignment, (vs. tuddud, reservation dapat) Mandatory Pre-Trial for Criminal Cases The finding of pre-trial brief is not mandatory in criminal cases. Even if the prosecution or defense even if not filed pre-trial brief, the judge is mandated to go into to submitted evidence. Pre-Trial Motion MOTION TO SUPRESS EVIDENCE Illegally acquired evidence deserves to be suppress. (violation against Constitution) Fruits of the Poisonous Tree

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Why is it only proper to file MOTION TO SUPRESS EVIDENCE simultaneous pre-trial. Because in this point, both parties submits evidence (testamentary, object, testimonial) Privileged Communication – any of the list that find by the party, those prohibited, it must be raised with a motion to suppress evidence. It is too risky to go to trial with those evidence. Why? If the other party present it, you might not be there or you are not prepared for it, you cannot object… It is very important that any of those listed in the evidence that is no proper, raise motion to suppress evidence. -

What is your ground in like for example FILIAL PRIVILEGE. And lahat ng mga anddoon, you have to know them, .. and exhibits presented, dapat alam mo ang origin (baka kc ninakaw) (privileged communication) Privacy of Communications Cellphone ninakaw (covered by mantle of privacy of communication) D

Much more if you are in the prosecution, because doon sa mga isinisingit may mga illegally obtained evidence for himself. (wiretapped); BAKIT SINALI KO? THIS RULE IS UNDER RULE 30 (RULES ON EVIDENCE) YOU have to do this after (listing and Marking)…. Know the list While the rule says before the prosecution rest it case, an application to discharge any of the accused to be state witness? Can it be made by the Prosecution at any time? But technical Rules under PRE-TRIAL, you cannot just call any witness not listed. DURING pre-trial, you have already applied or call the negotiations before pre-trial. Before pre-trial, you already have an agreement with that witness, attached statement (JA pattered) para di mahirapan. So andoon na yong agreement nyo, yon na rin ang supporting document sa motion to discharge the witness as state witness. So now, we will have to distinguished THE REQUIREMENTS OF BEING STATE WITNESS When the case was already filed in court and STATE WITNESS WHEN IT IS NOT YET FILED IN COURT. Section 17 of Rule 119 are the Rules that will applied if the discharged are sought when there is already an information filed in the court. Upon filing an information, the court has acquired jurisdiction. All incidence thereof is under the discretion of the court (kc jurisdiction na nila) When may an accused be discharged to become a state witness? State the procedure. ANS: When two or more persons are jointly charged with the commission of any offense, upon motion of the prosecution before resting its case, the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state when after requiring the prosecution to present evidence and the sworn statement of each proposed state witness at a hearing in support of the discharge, the court is satisfied that: a. There is absolute necessity for the testimony of the accused whose discharge is requested; b. There is no other direct evidence available for the proper prosecution of the offense committed, except the

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testimony of said accused; c. The testimony of said accused can be substantially corroborated in its material points; d. Said accused does not appear to be the most guilty; e. Said accused has not at any time been convicted of any offense involving moral turpitude. (Sec. 17; People v. Agbulos, 41 SCAD 410, G.R. No. 73875, May 18, 1993; People v. Valeriano, 44 SCAD 1074, G.R. No. 103604, September 23, 1993; People v. Hon. Chavez, et al., G.R. No. 131377, February 11, 2003).

O there are two opportunities for the prosecution to discharge, either an accuse of witness to be state witness. (inherent power) The court cannot order also the Executive to include those who are not included. That’s what happened in NAPOLES CASE. Benhur Lim.. How to do it? Janet Napoles, lady boss,f would acquire copy of the GAA, They will try to look items (either congressional insertions or pdaf), don sa mga items na yon, mayron tayong account code in … like one corpo GOCC, allocation for feeding program (20M sample). Yon ang kukunin nila, becaue there are certain conditions there that those fund can be obligated only by the one who appropriates that (congressman or senator). Then they will buy that project/program.. and implement and make report. So we have to Discharged the Accused (Benhur).. it is not necessary to be included as co-accused. Sec. 17 Rule 119 is not applicable in this Case. Section 17 Rule 119 iba ang requirements. TOTALITY OF THE CIRCUMSTANCES need to be assessed. It is required that he is one of the most NOT GUILTY (PACO CASE) Please try to have a copy of memo agree bet DOJ and Office of Ombuds March 29, 2012 The MOA is the primacy the juris of the Ombuds. There are those cases that fell under the exclu juris of the sandigan. And those cases that are within the exclusive jrus of sandigan, the ombudsman has the PRIMACY of those CASES. What is that mean when the OMBUDSMAN deligate to any of the Prosecutor of the DOJ, such is not a co-equal power, MBUDS may take over at any time. While the juris of the DOJ, and the DOJ can enter in cases that is filed before it, involving opfficer, public officer , in relation to public functions, or cases not ounder the exclu juris of sandi.. puede I PI ng DOJ, but anytime, if malaman ng Ombuds, the Ombuds “may” take over… but out of courtesy, may nabuong agreement, any reso by the doj on those cases, must be forward the Resolution - for record to the office of the Ombuds before filing to the court. IF THE CASE IS AGAINST THE CITY MAYOR, for Graft, filed before the Prosecutors office, can the Pros entertain? No, it is within the exclusive juris of the Sandi. So PI is within the Juris of the Ombuds. Read PPL v. PANGILINAN GR NO. 183090 This case has an example of a clause the body of the information charged

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That on or about 1995, up to about 2001, at Brgy. Of Province, and within the jurisdiction of this court, the above accused with lewd design, ……… This commit acts of lasciviousness is a conclusion of law. (there must be averment of the overt acts which is essential acts constituting the offense. Pinagalitan ang Fiscal dahil sa wordings above. (AM Case filed sa fiscal) So now, there was Pre-Trial, and during Pre-Trial, the pretrial was set on.. Required. Presence of the party. But there are those complainant, once filed the case, wala na, di na magpapakita sa fiscal. Provisional Dismissal (remedy for the prosecution) if the accused consent of the dismissal, the prosecution has 2 years to revive the case, if not consent, 1 year to revive. If you let that go to the pretrial witout availing provisional dismissal, …. If sent for trial the first day of trial and your witness is not present. /invoke speedy trial/kelan na di.dismiss sa pre-trial? If invoke for the first time, and on the second time wala prosecution given to product. /third time wala, dismissal na with prejudice./ If you know that private complainant cannot be found or went abroad, how would you like to proceed for pre-trial, you would avail the benefit of the PROVISIONAL DISMISSAL,… win win situation. Counsel for Defense – client goes free (bail bond is released) 😊 Please try WILLIAM KHO V. NEW PROSPERITY PLASTIC PRODUCTS GR NO. 183994 JUNE 2013 So ano pinag.aawayan ditto? When is the counting for 2 years shall begin….. wala yong private complainant, wala din ang accused. The Court provisionally dismissed the Case. Provisional Dismiss and the order is sent by Mail. The SC counted one (1) year to be 365 days. A year is 12 months, a month is 30 days, a day is 24 hours. the promulgation of the order is only effective at the time he receives the order….. BASTA BASAHIN NYO. MAGANDA ANG CASE.

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So now we go on RULE 119. TRIAL Speedy Trial Act. What are the factors to be considered? -

Length of the delay Reason of Delay Accused has assertion or non assertion of his rights Prejudice of the accused resulting of the delay o what is that prejudice that the court will always remind that is controlling on the length of time? The length of time may not result in prejudice. The lengt of time is coupled with detention that equals prejudice to the accused (length of time + detention = prejudice to the accused) o

-item no. 2 on Trial is the ORDER OF TRIAL. 1. 2. 3. 4.

presentation of prosecution evidence Defense evidence Presentation to prosecution of rebuttal evidence Presentation of defense sor rebuttal

During the presentation of 3 and 4, the party is not allowed to present evidence ___ (forgotten made evidence) ; may not ask question or testimony or exhibit which was not the topic of the prosecution /defense. There are things that the defense mention that you need to rebut . During the rebuttal of the Prosecution, there are rebuttals that you need to rebut also. PPL V. MARCIAL GR NO. 152864-65 So having this 4 order of trial, is the judge allowed to modify order? YES…. Modifying the order of trial is within the sound discretion of the court. Reverse trial, the accuse will present clear and convincing evidence that he is not guilty. When do you properly examine witnesses? THAT’S DURING TRIAL, unlike in civil cases, there are modes of discovery. That is why we DEMANIERA V. RISOS GR NO 152643 Section 15, Rule 119. Conditionally examine begore the court where the case is fpending, such examination with reasonable notice. …??? What we have is CONDITIONAL EXAMINATION hindi sya mode of discovery. (why is mode of discovery is not allowed in criminal cases. Because of the right of the accused to control witness against him personally. (ex. If you take deposition and the accused is not present, not confronting the accused personally) …. To confront witnesses against him .. .dapat naa sya face to face. RIGHT TO MEET THE WITNESS-FACE TO-FACE.

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(OTHER TOPIC)It is not yet clear but under AM NO. 01-7-01-SC SEPT 24, 2002, THE RULES ON ELEC EVIDNCE has been expanded to apply criminal cases. PPL V. PENOJAS GR NO. 204894. In this case, it is declared that there are 3 types (digital signature, identified by expert, authentication as maybe deem proper by the court.) When you post in FB, in your post the cyber crime division has this machine that will identify your ip address. And if they will apply for search warrant on your phone, they can cross reference it from other gadget and…… (Cyber-Crime Protocol) Electronic Testimony, Transcript of Elec Testimony… e-court puede ka mag testify electronically, ..

SEC. 23, RULE 119. DEMURRER TO EVIDENCE For Defense counsel and you are planning to file demurrer to evidence. File ka dapat ng MOTION FOR LEAVE OF COURT to file demurrer. Within 5 days when the prosecution rest its case. When ang prosecution nag rest ng case? – after presentation and offer of all evidence. Kelan mag start ang 5 days, it is from the day the defense received the written formal complaint. If you made that oral/exhibits, that’s the time the prosecution has rested its case. Motion for leave of court to file demurrer of evidence with comments the leading case here is the case of PPL V. CACHULA 148712-15 JAN. 21, 2004 - This is the case that the defense counsel Motion for leave of court to file demurrer of evidence. What if the court appreciated evidence for award for Civil Liability but not the guilt.. can the court use it as SALAZAR V. PPL GR NO. 151931 …NO DAPAT. Dapat continue for the Presentation of evidence for the CIVIL LIABILITY. In serious physical injury, in presentation of evidence, not just the victim you will present., puede other person that participated, like the one who bought the medicine. Etc. The Salazar ruling, was DOMINGO V. COLINA GR NO. 173330. THE case here there was acquittal for demurrer of evidence and there was declaration that civil liability might not arise since element of bp22 was not proven, the accused filed a motion for reconsideration on the civil aspect with motion to reopen hearing for the civil aspect, he cited doon sa mga testimony… so pinagalitan ng SC ang MTC. Mtc denied the motion, pina appeal sa rtc. (ang na prove kc is two elements, notice of dishonor and personal service) … the SC said, if you would like to rule that there is no Civil liability, you should have presented the factual grounds why… This DOMINGO V. COLINA will be asked in the BAR EXAM. MAY CHISMIS THAT ONE of your Examiner is from DAVAO CITY. Mock bar March 27.

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CRIMINAL PROCEDURE 30% OF THE TOTAL SCORE in remedial law. 10 Item with 3% each Item to cover 30%. Distinctions meron.

March 21, 2019 6:00 PM (LAST MEETING BEFORE MOCK BAR EXAM) I would like you to put your attention on a very old case. Year 1919. The issue here is very simple, he has been cited in various cases.. is there a requirement to be a witness in a criminal case? US V. ENRIQUEZ discretion of the counsel to produce witness/witness anyone who he believes can testify to the truth of their case. During the pre-trial, even if it comprises of 200 person as witness, it is still their sub discretion of the counsel, however, during the trial, the court may have discretion to make an advice whether or not corroborate on the same issue, the court may limit the presentation of those witness, the only prove one issue. But as to who is listed in the pre-trial list, that who to call during trial is in the discretion of the Court. The list of witness during Pre-Trial does not affect the …. …….may not be prevented from testifying /grounds of objections that are available. During Trial, for example, one of the list there is your brother, during trial, your brother was called, can the relationship alone may use to prevent your brother from testifying in court. (only those ground listed in the Rules of Court ang puede); Yesterday, Salazar Ruling, Colima Ruling. Originated from Davao City. Then, Demurrer to Evidence and it is made after the prosecution rest its case, there must be motion to leave of court . -Without Leave of Court, and Demurer to Evidence is Denied,… the defense has Waived the defense evidence. Conviction with award to damages. --

After the Presentation of evidence, presentation of Defense Witness.. here there is some technical grounds must observe. The accused at anytime may be presented to testify in court. (xpn itong accused) JUDICIAL AFFIDAVIT rule, no witness is allowed to testify if they have not submitted their JA at Pre-Trial (xpn here is the accused)

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Basta accused, if he wished to testify, puede (puede sila mag submit JA 5 days before presentation) Is the accused required to testify in a defense hearing? NO. it is within the discretion of the defense counsel who to present and who not to present. An honest witness may not be presented, a dishonest witness must also not presented. But a forgetful witness must be presented in the defense .. hahaah The court may at his discretion or upon motion of the parties, accept memorandums form the party. Is it allowed to Submit memoranda to highlight the case to aid to court in understanding the prosectution (the court may or may not allow it) dili sya grave abused of discretion. Minute resolutions (without discussing the facts and the law involved is grave abuse of discretion for violation of the Constitution) What can the JUDGMENT be? The judgment may rule on the crimes that was charged in the duplicitous information. Is the information valid? No , it is objectionalble. Failure to object, is a wiaiver of defense. The judgment may also downgrade or upgrade its conviction, depending on the variance of Charged (Variance of ___???) Ex. The charge of Estafa, may be variant of Qualified Theft. If you examine charges in the Criminal law, meron mga nagkakapareho ng element, thery are vairiant to each other… But the SC said, a Slander by Deed is not a variant of Slander (slander not included in the charge of SBD, vv) In a Slander by Deed, what was proven was the injury, this Slander by deed may be convict the accused of Slight Physical Injury. Murder to Homicide. (can you upgrade homicide to Murder? No) If in the homicide case, the circumstances may mga aggravating and even qualifying, what is controlling is the BODY OF THE INFORMATION. Hindi upgrade ang tawag. Charging the proper charge lang from homicide to murder. Can the accused charged with murder with double murder (the body is not proven to be a complex crime but separate murder, that conviction of the accused for the component crime is separately instead of a component. PPL V. GR NO. 182551. In the charged information, there was a two hacking of two person alleged. There was an allegation there that it was made in one criminal resolution. But we all know here that there that it is not one criminal resolution because of the positive act of hacking. (two count of

murder ang na commit here.) Another ROMERO V. PPL GR NO. 167546. What the court did in the judgment is he awarded civil liability to the accused. The accused was acquitted,.. the private offended party has civil liability to the accused . the court trying in criminal case, cannot award damages in favor of the accused. The trial judge in criminal trial is to determine the guilt of the accused and if proper, determine the accused civil

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liability. The Criminal case is not a proper proceeding to determine the offended party to determine civil liability. NO COUNTER-CLAIM, CROSS CLAIM OR THIRD PARTY CLAIM IN CRIMINAL CASE. What is the effect of DEATH of the accused in a criminal Case? ABS-CBN Broadcasting Corp V. OFFICE OF THE OMBUDSMAN GR NO. 133347 (SUMMARY NG ppl v. bayota, etc) GR. CIVIL liability of the accused upon death is extinguished together with his civil liability. If the death of the accused pending appeal – x civil and During trial wala pa judgment sa origina court namantay, = xcivil x away with crim But the case pending appeal namatay, = goes away civil liability ex delicto If however the claim for the Civil liability survive - ?? Law, Contract, Quasi Contract, Quasi Delict (if you can predicate those 4, these civil liability will survive, if it survive, an action for claim at separate action (may be enforced at the administrator, executor) = Claim for the Estate Against the Estate of the Accused If hindi mo alam ang mga administrator/executor, name the heirs. There is no fear that prescription will run, the running of those prescriptive period is toll by those action. (puede if hindi aabot ng P300,000, puede ka mag file ng small claim, para mas madali)

Promulgation of judgment One of the incident that presence of the accused is required (the State may issue warrant of arrest) Is there a promulgation of judgment in absencia? Yes. Here, the accused that is at-large cannot file motion for appeal, parole etc… kc wala ka) If you are in prosecution….. tapos wala ang accused. Seek for the arrest, and if di maaresto, file trial in absencia, present evidence. Most likely you will win.

How will you promulgate in Absencia? (check your codal) After Judgment, (diba there are always aggrieved parties) – there is NOTICE OF APPEAL, once it is made, the court will transmit the records to the Appellate Court. CAN AN ACCUSED WITHDRAW AN APPEAL. (pag file nya ng notice of appeal, nag bago ang isip nya, and instead of appeal, apply sya ng PROBATION) not yet settled…. CA SAYS, YES, PROVIDED THAT THE WITHDRAWAL AND APPLICATION IS WITHIN THE REGLAMANARTY PERIOD…. SC SAID. NO. THE ESSESNCE OF THE APPLICATION OF PROBATION IS ACCEPTANCE. UNCONDITIONAL ACCEPTANCE OF THE VERDIC… So once nag appeal ka, you will lose your chance. Interpretation that is favorable to the accused, that interpretation is RULED. If he or his lawyer filed notice of appeal kahit wala pa abiso (not grave abuse, may mga lawyer na ganyan, mag file).. how to do the withdrawal of appeal and file probation. Who can appeal? Accused. – in cases of acquittal, who can appeal? The prosecution cannot file notice of appeal, however, the private offended party may file notice of appeal on the civil aspect of the case. Who can seek remedy on the adverse judgment,… incase of acquittal, the SOLGEN is the only person that may seek other remedies to raise errors in an acquittal… what is the remedy of that? Ano

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ang remedy? Kapag acquitted? How will the SOLGEN raise that act? PETITION FOR REVIEW ON CERTIORARI (Rule 65). Walang ordinary appeal pag acquittal, kc it violate DOUBLE JEOPARDY. That’s the case of ONG V. EUGENIO GR NO. 182336 – only SOLGEN can bring action if… private offended party are not allowed to bring the case up without the premotor of the SOLICITOR GENERAL. DELGADO V. GONZALEZ – the CA required the prosecutor to ffile its comment on the Petition for Review. So the Provincial Prosecutor submitted its comment. The SolGen likewise submitted its comment and move to Quash the order of the CA including the comment of the prosecutor. … Proper protocol is if the Prosecutor is required to comment, such comment must be submitted to the SOlGen and adopts it if gusto nya. And attached it to the doc to CA. Another case on appeal is the MEMO ON APPEAL /APPELLANTS BRIEF Failure o the appellant to file memo on appeal/appellant brief is a ground for dismissal (Civil) Criminal Case, not a ground of the denial if wala appellants brief?? If there are more that one (1) accused, if one made appeal, any favorable decision benefits the other accused. Ex. Murder, 6 accused, nag appeal ang 3, and 3 did not. Then at the appeal, it was found out that homicide, so favored ang iba na hindi nag appeal PPL V. VALDEZ GR NO. 175620 Moving on.. (I believed you have already discussed SEARCH and SEIZURE in your Constitutional II) RA No. 8293 - Intellectual Property Code. Rules on Search and Seizure for Civil action in infringement of Intellectual Property Rights. Learn to Distinguish when is the rule on IPR applicable and the Rules on Criminal Procedure (Rule 126) applicable. If there is pending Civil action for infringement of IPR, the aggrieved party may apply before the court search warrant, alleging the infringement of the IPR, and the court may order any of the officer to assist the Search and Seizure to determine w/n there is violation of the IPR. When the Search Warrant was served and returned to the Court, it was raised that the Search warrant must be quashed .. Why? Because of the pendency of an administrative contention on the trademark pattern of the person that Searched … (THAT ADMINISTRATIVE CASE HERE IS A PREJUDICIAL QUESTION ON OUR RIGHTS WHO OWNS) cannot charged us for unfair competition since we still have the administrative case… so the search warrant must be quashed. The SC CLARIFY, if the Search warrant is made pursuant on the unfair competition, the prejudicial question will apply, however in this case is not predicated, the Search warrant was issued in pursuant to Rule 126 on the RPC because of the anticipation of filing a case on the RPC. AM 02-1-06-SC which provides for the rules in issuance of Search and Seizure is not applicable, it was applied in anticipation of criminal action under general law PC including that of RA 8293. What determines the distinction is the purpose of the applicant. (ang purpose kc was to file criminal charges under RPC, so ART 126) CENTURY CHINESE MEDICINE v. PPL GR NO. 188526

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Search warrant is very specific, because you only have to searach the place specifically designated in the warrant. (The other place within the place not covered is a Search on Plain View, PUEDE) CASTILLO V. PPL GR NO. If HOWEVER, THE items or contrabands is not in plain view and you search diff place that other than those not designated in the Search Warrant. That search is not anymore valid. However, it is not necessary that was described in the search warrant is the item you can seized. You can seized all other things apparently illegal or probably illegal. If the description is search for a rifle (5 units of rifle long) and if you went there you found other guns like grenades and pistol, you can seized it, found during the search because they are probably illegal. The period to file a petition for review is 15 DAYS.. Important points.

What are the effects of Judgment that are appealable ? Error of judgment – if the court may commit in the exercise of its jurisdiction in appreciating the facts or applying the law – REMEDY HERE IS APPEAL ERROR of Juris – committed by the court when assuming juris, it renders judgment void or voidable – and it is reviewable by CERTIORARI. An error of juris (case/subject matter) does not become binding. – when the court makes decision without juris, the decision is void. The MTC example assumes jurisdiction on the charged is supposed SLANDER, but the slander is mass media (perpetrated through mass media) the court still tried the case, and assumes Jurisdiction, but we all know that it is not SLANDER, it is LIBEL, and it is with the RTC, it does not prescribe yan. XPN: Estoppel by Laches. FINAL JUDGMENT

V.

FINAL ORDER

WOULD become final if NO APPEAL

Terminates the particular issue, leaving nothing to be done but to impose the order by execution of what has been determined.

Decision of the court on the totality of the case charged.

Specific issue. When is the order becomes final? It includes rulings on Trial (ex. The opposing counsel is presenting a witness and you objected on the question that the ground is leading, Ruling, Order, the objection is over ruled, let the witness answer. And the witness answer. That’s the order that became final. It disposes its finality)

NEW TRIAL V. REOPENING OF THECASE

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MOTION FOR NEW TRIAL

MOTION FOR REOPENING OF CASE

When can you file Motion for a new Trial – within 15 days (it is filed after judgment is rendered and before finality thereof) Mistrial actually because of the grounds Fraud, Accident, Mistake, Excusable Negligence of the Counsel, New Discovered Elements.

Reopening of the Case is made by the Court before the Judgment is rendered in the exercise of the sound discretion of the Court. (the court may reorder of the reopening of the case) It can also be done upon at the instance of any of the party. Ex. Discovery of a new evidence.

AT the instance of the party or at the consent of the accused Does not require consent, but aat the instance of the party who can present additional evidence.

MODIFICATION OF JUDGMENT – can the judge modify? YES, within the reglementary period. When we received judgment, there were rulings in the body of the judgment that (convicted ito) merong rulings acknowledging the civil liability. Convicted, and the order prision mayor medium – may ruling sa mga gasto, walay award of damages, walay order to pay. So we filed motion to modify judgement, it was done on the 5 th day, then pinatawag (chamber hearing) sinabi, merong award, nakalimutan lang talaga ilagay ang award…. They grandted the motion to modify judgment. (ex. For odering the accused to pay the amount of_____ for actual damages. Etc)

However, if wala discussion about civil liability, it was not mention, in the body and dispositive judgment, the remedy is not Modification of judgment, the proper call is MOTION FOR RECONSIDERATION. (if in the body of the judgement was fully discussed the order to pay, the remedy is to modify) It is allowed because it refers to the Civil aspect of the Case. Conviction cannot modify, but on the untreated Civil part can be modified. DEMURRER V. MOTION TO QUASH Demurrer

Amendment v. Substitution of Information ________ v. Information Highlights of Criminal Procedure Review.

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Exam is Centered on Cases supported on Codal How to Answer!!!! The motion of the Prosecution is not Tenable because of the ff. 1. 2. 3. 4.

Invoke the Rule 110 to 127 Jurisprudence (Title) indication of the examiner that you must become a lawyer. Application (ruling) Conclusion Finding the motion not tenable, the court may now proceed with…..

PPL V. SALAZAR

The RULES OF COURT MAKES YOU A LAWYER.

MATERIAL FOR REVIEW Use it in your Bar Review, Pre-Week Know your codal Table of Contents of the Rules of Court. (read if aloud)

Jonathan

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