Preweek Final Crimpro

CRIMINAL PROCEDURE

REMEDIAL LAW PRE-WEEK Sworn written statement charging person with an offense. Subscribed by offended party, any peace officer or other public officer charged with enforcement of law violated.

C RIMINAL PROCEDURE NOTE: BOP = Bill of particulars LOJ = Lack of jurisdiction MFR = Motion for reconsideration MNT = Motion for new trial MTQ = Motion to quash PC = Probable cause PI = Preliminary investigation RJ = Res judicata X = Exception

AMENDMENT OR SUBSTITUTION

INSTITUTION OF THE CRIMINAL ACTION o

Criminal action = State prosecutes person for act/omission punishable by law. Remedial Law Applied to criminal law: provides/regulates steps by which one who commits a crime is to be punished.

Substantive Law Applied to criminal law: declares what acts are crimes and prescribes the punishment.

CRIMINAL JURISDICTION Jurisdiction Authority of court to: o Hear and try offense; & o Impose punishment provided by law. Defined by law and determined by the extent of the penalty.

Based on facts, as recited in complaint/information, constitutive of the offense charged.

o o o

o o

Venue Place where case is to be tried.

Substitution Mistake in charging the proper offense: o Court shall dismiss original complaint/ information upon filing of a new one charging proper offense. o Provided: Accused not placed in double jeopardy. o Court may require witnesses to give bail for appearance at trial

Aggravating circumstances must be alleged in information.

REMEDIES AGAINST DEFECTIVE COMPLAINT/INFORMATION 1) Amendment or substitution; 2) MTQ; 3) When defect becomes apparent before judgment.

during

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PROSECUTION OF THE CIVIL ASPECT

EXPANDED JURISDICTION OF MTCs o Exclusive original jurisdiction: o All offenses punishable with imprisonment not > 6 years (irrespective of amount of fine and regardless of other imposable penalties). o Offenses involving damage to property through criminal negligence o X: Cases falling within exclusive original jurisdiction of RTCs and of Sandiganbayan HOW TO INSTITUTE ACTION

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Amendment Without leave of court: o Before accused enters his plea. o X: Either: 1) Downgrades nature of offense; 2) Excludes any accused. o In either case, requires: a) Prosecutor’s motion; b) Notice to offended party; & c) Court’s leave. With leave of court: o Matters of form. o After plea and during trial. o Should not prejudice rights of accused.

o Municipality/territory where either: o Offense was committed; o Any one of the essential ingredients took place. Allegation of the situs of the offense charged in information.

Venue is jurisdictional. Concurrent jurisdiction = Two possible courts and prosecuting officer may choose. For transitory crime: Tried in any municipality/province where offense was in part committed. First court taking cognizance will exclude others. For complex crime: Court with jurisdiction to impose maximum imposable penalty Jurisdiction to execute judgment vs. jurisdiction to amend/modify: The former continues even after judgment has become final for the purpose of enforcement of judgment; the latter terminates when the judgment becomes final.

Complaint

Accusation in writing, charging person with an offense. Subscribed by prosecutor and filed with the court.

Information

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CIVIL LIABILITY o Civil action is deemed instituted with the criminal action. o X: Offended party: 1) Waives; 2) Reserves right to institute it separately; o X: a) Demurrer cannot be made to apply only to criminal aspect because criminal action always deemed to include civil action. b) Offense cognizable by the Sandiganbayan. 3) Institutes civil action prior to the criminal action. EXTINCTION OF THE CRIMINAL ACTION o Will not cause extinction of the civil action. o X: If civil action is based on delict + Final judgment in the criminal action ruled that the act/omission from which civil liability may arise does not exist. EXISTENCE OF PREJUDICIAL QUESTION o Criminal case takes precedence. o X: If there is a prejudicial question which should be resolved first before an action could be taken in criminal case.

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CRIMINAL PROCEDURE

REMEDIAL LAW PRE-WEEK

PRELIMINARY INVESTIGATION o

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Required if prescribed penalty is at least 4 years, 2 months and 1 day (without regard to the fine). o X: Lawfully arrested without warrant involving an offense that requires a PI, if the necessary inquest is conducted. Procedure: 1) Filing of complaint. 2) Action of investigating officer. 3) Defendant’s counter-affidavit. 4) Hearing. 5) Resolution. 6) Review. o Court not bound by DOJ Secretary’s Resolution. Once complaint is filed, acquittal/conviction rests on court’s sound discretion. 7) Filing of information/complaint in court. 8) If accused is lawfully arrested without a warrant: May move for a reinvestigation. Who may conduct PI: 1) Provincial/city prosecutors and their assistants; 2) National/regional state prosecutors; 3) Other officers as may be authorized by law. Ombudsman may conduct PI if the case is not under Sandiganbayan jurisdiction.

ABSENCE OF PI o Does not impair the information’s validity. Does not go into court’s jurisdiction; merely to proceedings’ regularity. o If the court’s attention is called to absence of PI: It should proceedings and remand case to prosecutor. o Right to PI is waived if the accused fails to invoke it before or at the time of entering a plea at arraignment.

ARREST IMMUNITY FROM ARREST 1) Parliamentary immunity - While Congress is in session, for offenses punishable by not > 6 years imprisonment. 2) Diplomatic immunity. LAWFUL WARRANTLESS ARRESTS 1) In flagrante delicto = Caught in the act of committing a crime. o If person to be arrested has committed, is actually committing or is attempting to commit an offense in the presence of the peace officer or private person who arrested him. o “In his presence” = a) He sees the offense, even though at a distance; b) He hears the disturbances created by the offense and proceeds at once to the scene; c) Offense is continuing or has been consummated at the time arrest is made. 2) Hot pursuit arrest = If offense has been committed + Peace officer or private person has PC to believe based on personal knowledge of fact/circumstances that the person to be arrested has committed it. 3) If person to be arrested is a prisoner who escaped: a) From a penal establishment or place where he is: (1) Serving final judgment;

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4) 5)

(2) Temporarily confined while his case is pending. b) While being transferred from one confinement to another. If person who has been lawfully arrested escapes or is rescued. By the bondsman for the purpose of surrendering the accused. o If accused released on bail attempts to leave the Philippines without court’s permission.

CONSEQUENCES OF ILLEGAL ARREST 1) Objects seized not admissible in evidence: Fruits of the poisonous tree; 2) Criminal liability for illegal arrest; 3) Civil liability for damages; 4) But illegal arrest does not render the subsequent proceedings void or deprive the State of its right to convict.

CUSTODIAL INVESTIGATION CUSTODIAL RIGHTS OF THE ACCUSED 1) To be assisted by counsel at all times. o Waiver must be made with the assistance of counsel. 2) To be informed, in a language known to and understood by him, of his Miranda rights. o Assisting counsel may be any lawyer, X: a) Those directly affected by the case; b) Those conducting the PI; c) Those prosecuting the crime. 3) To be allowed visits by his immediate family, medical doctor, priest, counsel or duly accredited NGOs. REQUISITES FOR ADMISSIBILITY OF CONFESSION/ADMISSION 1) Voluntary; 2) With assistance of competent and independent counsel; 3) Express; 4) In writing.

BAIL IF BAIL AS A MATTER OF RIGHT o Person in custody has right to bail: 1) Before/after conviction by the MTC; 2) Before conviction by RTC of an offense not punishable by death, reclusion perpetua or life imprisonment. IF BAIL AS DISCRETIONARY o Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment: o May be acted upon by RTC despite filing of notice for appeal, as long as original record is not yet transmitted to appellate court. o If conviction changed the nature of the offense from non-bailable to bailable, it can be resolved only by appellate court. o If bail granted, provisional liberty continues under the same bail subject to the consent of the bondsman. DENIAL OF BAIL o If penalty imposed > 6 years + Prosecution shows: 1) Recidivism, quasi-recidivism, habitual delinquency, commission of crime aggravated by circumstance of reiteration;

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CRIMINAL PROCEDURE 2)

3) 4) 5)

REMEDIAL LAW PRE-WEEK

Previous escape from legal confinement, evasion of sentence or violation of conditions of bail without valid justification; Commission of offense while under probation, parole or conditional pardon; Probability of flight; Undue risk that he may commit another crime pending appeal.

WHERE TO APPLY FOR BAIL o Court where case is pending; o If unavailable, with any RTC/MTC judge in the province/city/municipality. o RTC of place where accused was arrested, if different from the place where case is pending. o If unavailable, with any MTC judge there. o If the grant is a matter of discretion or bail is in the form of a recognizance – Only with the court where the case is pending. o If no formal charge yet – With any court in the province/city/municipality where he is held.

RIGHTS OF THE ACCUSED 1) 2) 3)

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To be presumed innocent until contrary is proved beyond reasonable doubt. To be informed of the nature and cause of accusation against him. To be present and defend in person and by counsel at every stage of the proceedings. o Requisites of trial in absentia: a) Prior arraignment; b) Proper notice of the trial; & c) Failure to appear is unjustifiable. To testify in his own behalf; To be exempt from being compelled to be a witness against himself; o Covers only testimonial compulsion and production of incriminating documents. To confront and cross-examine witnesses against him at the trial; To have compulsory process issued to secure attendance of witnesses and production of other evidence in his behalf. To have a speedy, impartial and public trial; To have the right of appeal in all cases allowed and in the manner prescribed by law.

RELIEF FROM DEFECTIVE INFORMATION MTQ Filed before entering plea Does not go into merits

Nolle prosequi Initiated by prosecutor Dismissal of criminal case by the government before accused is placed on trial and before he is called to plead, with approval of court Discontinuance in a civil suit, leaves the matter in the same condition it was before commencement of the prosecution Not an acquittal Not a final disposition of the case Not a bar to subsequent prosecution for same

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Demurrer to Evidence Filed after prosecution rested its case Based upon inadequacy of evidence adduced by prosecution Quashal of Information Initiated by accused Court has no authority to initiate MTQ. Filing is made before accused enters plea, subject to exceptions

offense Order denying MTQ Interlocutory Not appealable absent showing of GAD Does not dispose of case upon its merits Proper remedy: appeal after trial

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PROVISIONAL DISMISSAL = Case is dismissed without prejudice to its being refilled/revived. o If there has already been arraignment and accused consented to provisional dismissal. o X: Dismissal due to a demurrer to evidence. o When dismissal becomes permanent: 1) 1 year after issuance of order without the case having been revived for offenses punishable: a) By imprisonment not > 6 years; b) By a fine of any amount; c) By both. 2) 2 years after issuance of order without the case having been revived for offenses punishable by imprisonment of > 6 years

OBTAINING EVIDENCE BEFORE TRIAL 1) 2)

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Before arraignment: Through BOP. Before trial: a) Conditional examination of witnesses on behalf of accused; b) Conditional examination of witness for the prosecution; c) Examination of defense witness; d) Deposition.

ARRAIGNMENT =

Rule 117, Sec. 6

Grounds for MTQ are exclusive. Not valid grounds for MTQ: 1) Absence of PI; 2) Lack of PC; 3) Non-inclusion of an accused. Complaint/information must charge one offense. o X: If law prescribes a single punishment for various offenses.

DOUBLE JEOPARDY = Requisites: a) 1st jeopardy has attached; b) 1st jeopardy was validly terminated; & c) 2nd jeopardy either: (1) For same offense charged; (2) For an attempt to commit same or frustration thereof; r (3) For an offense which necessarily includes or is necessarily included in the 1st. o No double jeopardy when o 2 informations charging accused with 2 different offenses having different elements though arising from the act. o Information provisionally dismissed with conformity of accused after arraignment and presentation of prosecution evidence has started. o Dismissal of case declared null and void o Filing of 2nd information if a new fact supervened.

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Acquittal is a ground for quashal Rule 117, Sec. 6

Order granting MTQ Final order Immediately appealable but subject to rules on double jeopardy Disposes of case upon its merits Proper remedy: appeal the order

Accused is formally informed of the charge against him by: Reading him the

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CRIMINAL PROCEDURE

REMEDIAL LAW PRE-WEEK

information/complaint + Asking him whether he pleads guilty or not guilty. o o

No arraignment in absentia. Presence of accused is not only a personal right but also a public duty. No trial in absentia without first arraigning the accused; otherwise, judgment is null and void.

TC’s DUTY BEFORE ARRAIGNMENT 1) Inform accused that he has right to have his own counsel before being arraigned; 2) Ask WON he desires aid of counsel; 3) If yes, must grant him reasonable time to do so; 4) Must assign counsel de officio. o X: Accused allowed to defend himself in person or has employed a counsel of his choice. o X: Accused expressly and formally renounced the right. TYPES OF PLEA 1) Admission – “Guilty”. a) Plea of guilty to non-capital offense: o Court may receive evidence to determine the penalty to be imposed. o Sufficient to sustain a conviction if formally + knowingly + voluntarily entered into. o A judicial confession of guilt, so no need for additional evidence. o X: (1) If information did not allege all the crime’s elements. (2) If information charges a capital offense. (3) If plea of guilt was conditional. b) Plea of guilty to capital offense: o Mandatory duties of the trial judge: (1) Conduct searching inquiry into the voluntariness and full comprehension of the consequences of the plea. (2) Require prosecution to prove guilt and precise degree of culpability. (3) Inquire WON accused wishes to present evidence on his behalf and allow him to do so if he desires. o If improvident plea of guilty to a capital offense: Remand case to lower court for further proceedings. o X: If accused appears guilty beyond reasonable doubt from evidence adduced by prosecution and defense. 2) Denial – “Not guilty”. 3) Qualified admission – “Guilty, but” a) Plea of guilty to a lesser offense necessarily included in the offense charged. o Plea bargaining = Pleading guilty to lesser offense or to only one/some of the counts of a multi-count indictment in return for a lighter sentence. o May also include amending of information to allege more mitigating circumstances. b) Plea of guilt, but accused presents exculpatory evidence. o Plea deemed withdrawn and a plea of not guilty entered for him. IMPROVIDENT PLEA = Plea without proper information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information/advice. o Should not be accepted. If accepted, not sufficient to sustain a conviction. WITHDRAWAL OF PLEA o Allowed anytime before judgment of conviction becomes final.

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Not a strict right, but a discretion justified by compelling reasons (error, fraud, illegality or manifest injustice).

SUSPENSION OF ARRAIGNMENT o Grounds: 1) Accused appears to be suffering from an unsound mental condition which effectively renders him unable to fully understand the charge against him and to plead intelligently thereto. o Court shall order his mental examination and (if necessary) confinement. 2) Prejudicial question. 3) Pending petition for review of resolution of the prosecutor either at the DOJ or the Office of the President. o Provided: Suspension not > 60 days counted from filing of the petition.

PRE-TRIAL PRE-TRIAL CONFERENCE • In all criminal cases cognizable by the Sandiganbayan, RTC and MTC/MTCC/MCTC/MeTC. • After arraignment and within 30 days from time court acquires jurisdiction over person of the accused. • X: Shorter periods under special laws or SC circulars. PRE-TRIAL AGREEMENTS AND SUBMISSIONS Pre-trial stipulations Entered into by parties During pre-trial conference

Judicial admissions Made by either party In the course of the trial Facts agreed on prior to the actual presentation of evidence or during trial proper Need not be specially set out in a judicial order to bind the parties - admitted fact thus deemed established More expedient - relieves court of burden of issuing a judicial order

PRE-TRIAL ORDER o Contents: 1) Actions taken; 2) Facts stipulated; & 3) Evidence marked. o Effect: 1) Binds parties. 2) Limits the trial to matters not disposed of. 3) Generally, controls the course of action during trial. o X: If modified to prevent manifest injustice.

GENERAL PROCEDURE FOR TRIAL TIME TO PREPARE FOR TRIAL o The accused has at least 15 days, after a plea of not guilty is entered. o Notice to the parties required. COC notifies parties of date of arraignment, which should be 30 days from the date court acquires jurisdiction over person of the accused. Within the same period, court shall set pre-trial conference.

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CRIMINAL PROCEDURE

REMEDIAL LAW PRE-WEEK

If accused pleads not guilty on arraignment, he has 15 days to prepare for trial (including pre-trial). Trial to commence within 30 days from receipt of pre-trial order. Effect of delay: Accused may move to dismiss for denial of his right to speedy trial. o Subject to double jeopardy rules. o If with prejudice, case cannot be revived anymore. Otherwise, revival is proper. o Failure to move for dismissal prior to trial is a waiver of the right to dismiss under this section.

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Dismissal without prejudice Allows new suit for same cause of action

Imports contemplation of further proceedings, and when they appear in an order or decree, it shows that the judicial act is not intended to be RJ of the merits Terminates case reserving to plaintiff the right to file new complaint which, if filed, is entirely new and different from the case which was dismissed

Dismissal with prejudice Adjudication on the merits, and final disposition, barring right to bring or maintain an action on the same claim or cause Is RJ as to every matter litigated

ORDER OF TRIAL 1) Prosecution evidence. o To prove charge (and civil liability). 2) Demurrer to evidence = Objection that the evidence prosecution produced is insufficient in point of law (WON true) to make out a case or sustain the issue. o Right of accused to present evidence after demurrer is denied: If filed with leave of court May adduce evidence in his defense Purpose of obtaining leave of court: To determine WON demurrer was filed merely to stall the proceedings Implied leave of court no longer sufficient and prevents accused from presenting evidence

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If filed without leave of court Waives the right to present evidence Submits case for judgment on basis of evidence for prosecution

If there are 2 or more accused and only one presents demurrer without leave of court: o Court may defer resolution until decision is rendered on the other accused o X: If it can be shown from the decision that resolution on demurrer was rendered not only on the basis of prosecution’s evidence but also on the evidence adduced by his coaccused

Defense evidence. Rebuttal evidence. o To explain/repeal/counter/disprove the defense evidence. Surrebuttal evidence.

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To meet/refute those new matters taken up during rebuttal, or to clarify matters that were made ambiguous. Submission of case. o Case deemed submitted for decision upon admission of parties’ evidence. o X: If court directs them to argue orally or submit written memoranda. o

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DISCHARGE OF AN ACCUSED TO BE A STATE WITNESS o

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Prosecutor must to include all the accused in the complaint/information. o X: Prosecutor may ask the court to discharge one of them. Applies only if information is already filed in court. Requisites: 1) 2 or more persons jointly charged. 2) Petition for discharge filed before defense offers evidence. 3) Hearing on the petition. 4) Court is satisfied of the ff: a) Absolute necessity for the testimony; o He alone has knowledge of the crime. b) No other direct evidence available for proper prosecution of the offense, except the testimony; c) Testimony can be substantially corroborated in its material points; d) Accused does not appear to be the most guilty; e) Accused never convicted of any offense involving moral turpitude. Effect of discharge: 1) Amounts to an acquittal; 2) Bars future prosecutions for same offense. o X: If accused fails/refuses to testify against his co-accused in accordance with his sworn statement constituting the basis for his discharge. Error in asking for and in granting the discharge cannot deprive the discharged of the acquittal and the guaranty against double jeopardy. Subsequent amendment of the information does not affect discharge.

CO-ACCUSED WHO CANNOT BE DISCHARGED UNDER RULE 119, SEC. 17 o If tried separately and has already testified as witness without having been previously discharged. RA 6981 (Witness Protection Program) Limited only to grave felony under RPC or its equivalent under special law Absolute necessity for testimony

Witness automatically entitled to certain rights and benefits Any member of the family of the person applying for admission within the 2nd civil degree of consanguinity or affinity is subjected to threat to his life or injury, as to prevent him from testifying falsely or evasively Witness applying not a

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Rule 119, Sec. 17 Applies to all felonies

Suffice that there is no other direct evidence for proper prosecution of offense committed except testimony of accused Witness must still apply for the employment of said rights The same is not required

No limitation

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CRIMINAL PROCEDURE law enforcement officer Witness need not be charged elsewhere

REMEDIAL LAW PRE-WEEK o

Immunity granted by DOJ

Witness is charged in court as one of the accused Immunity granted by court

JUDGMENT Judgment Pronounces disposition of the case Filed with clerk of court

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Opinion Informal expression of views of the court Cannot prevail against final order or decision Forms no part of the judgment, though they may be combined in one instrument

Ratio decidendi Provides for the basic reason for the judgment

Elements of a judgment: 1) Controversy presented; 2) Authority to decide; 3) Decision. Formal requirements of a judgment: 1) Written in official language; 2) Personally and directly prepared by the judge; 3) Signed by the judge; & 4) Contains clearly and distinctly statement of facts proved and law upon which judgment is based.

SEEKING RELIEF FROM AN ADVERSE JUDGMENT MOTION FOR RECONSIDERATION OR NEW TRIAL o New trial and reconsideration are the same thing in criminal procedure whether it be a first, second, new or an old trial. “New” refers to time and not to substance. o New trial = Proceeding whereby errors of law or irregularities are expunged from the record, or new evidence is introduced, or both steps, are taken. ORDINARY APPEAL o Who may appeal: Any party. o X: A party cannot appeal if the accused will be placed in double jeopardy. o “Party” includes not only the government or the accused, but also private offended party. o However, if the State takes a contrary position and recommends acquittal of accused, then private offended party is allowed to participate separately.

REVISED RULES ON SUMMARY PROCEDURE o

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Filing of the criminal case shall be either by complaint or by information. o But Metropolitan Manila and in chartered cities: Only by information. o X: If offense cannot be prosecuted de oficio. Complaint/information shall be accompanied by affidavits of compliant and of his witnesses.

If required and not complied with, case to be dismissed without prejudice. Case may be revived only after compliance with requirement. o X: Criminal cases of warrantless arrest.

COURT’S DUTY 1) If commenced by compliant: o Based on the compliant/affidavits/evidence, the court may dismiss case outright for being patently without basis/merit and order the release of the accused (if in custody). 2) If commenced by information or if not dismissed according to #1: o Court shall order accused to submit his counter-affidavit, affidavits of his witnesses, and evidence. PROHIBITED PLEADINGS AND MOTIONS 1) MTD; o X: On grounds of either: a) LOJ over subject matter; b) Failure to refer to Lupon. 2) Motion for BOP; 3) MNT/MFR or motion for re-opening of trial; 4) Petition for relief from judgment; 5) Motion for extension to file; 6) Memoranda; 7) Petition for certiorari/mandamus/prohibition against any interlocutory order; 8) Motion to declare defendant in default; 9) Dilatory motions for postponement; 10) Reply; 11) 3rd-party complaints; 12) Interventions. ARRAIGNMENT AND TRIAL o If court finds no cause/ground to hold the accused for trial, it dismisses the case; otherwise, it shall set the case for arraignment and trial. o If the accused is in custody for the crime charged, he shall be immediately arraigned. If he enters a plea of guilty, he will be sentenced. PRELIMINARY CONFERENCE o Before conducting trial, court shall call the parties to a preliminary conference for: 1) Stipulation of facts; o Refusal/failure to stipulate shall not prejudice accused. 2) Plea bargaining; o No admission by accused shall be used against him unless reduced to writing and signed by accused and his counsel. 3) Clarification of issues. TRIAL o Submitted affidavits will be the direct testimonies of the witnesses/affiants, subject to cross/redirect/re-cross examinations. o If affiant fails to testify, his affidavit will not be a competent evidence for the party presenting him. But adverse party may utilize his affidavit for any purpose. o If party wishes to present additional affidavits/counter-affidavits, must so manifest during preliminary conference. ARREST OF THE ACCUSED o Court shall not order arrest. o X: For failure to appear whenever required.

REFERRAL TO LUPON

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