CrimPro Notes

RULE 116: Arraignment and Plea Arraignment - Procedural Due Process Bill of Particulars - written statement of the prosecution clarifying details of the information Production or Inspection of Material Evidence in Possession of the Prosecution not only the Prosecution but also ALL LAW ENFORCEMENT AGENCIES (police, nbi, etc.)

RULE 117: Motion to Quash Motion to Quash (Criminal Case) - Motion to Dismiss (Civil Case) Contains averments which, if true, would constitute a legal excuse or justification - the complaint or information contains justifying circumstances Effect of motion to quash - NOT A BAR for prosecution of the same offense UNLESS motion was based on the grounds of (1)Extinguishment of Criminal Action or Liability or (2) Double Jeopardy Provisional Dismissal - only in Criminal Cases.Less than 6 yrs - permanent after 1 year if case is not revived from the date of issuance of order of provisional dismissal More than 6 yrs - permanent after 2 years if case is not revived from thr datr of issuance of order of provisional dismissal. Constitutional right to a speedy trial - if after a lmg time evidence cannot be produced or the offended. ALTERNATIVE = Provisional Dismissal (TEMPORARY)

RULE 118: Pre-Trial Pre-Trial - Mandatory Pre-Trial Agreement in Criminal Cases- must be reduced in writing Admission - an acknowledgement of facts adverse to ones interest. * does not need evidence

RULE 119: Trial Trial Objective- Speedy disposition of cases (maximum of 180 days) Demurrer to Evidence-motion of demurrer to evidence or present levidence to prove his defense and damages [sec. 11 (b)] Provisional Remedy -provisional attachment (upon motion of offended party), as to not prejudice the

offended party, in case of insolvency of the accused Rebuttal -refute the defense evidence -discredit the defense evidence Sur-Rebuttal -refute the prosecution evidence -discredit the prosecution evidence Sec. 11 (e)- admits to the ACTS or OMISSION, Not the CHARGE Sec. 12 - Testimony of defense witness before trial Sec. 15 - Testimony of prosecution witness before trial - Before pending trial only - For future use - must be (1) sick or infirm to appear at the trial or; (2) has to leave the Philippines w/ no definite date of returning Sec. 14 - Bail to secure appearance of material witness Sec. 17 - Discharge of State Witness- upon motion of the prosecution- 1 or more accused may be State Witness - 2 or more accused to the commission of an offense is required Sec. 19 Req: for substitution of proper offense 1) There is a mistake in charging the proper offense 2) Mistake manifest before judgment. 3) The mistake would not convict the accused of the charge or any offense necessarily included therein RULE 120: Judgment Sec. 1 Judgment (requirements) 1) Statement of Facts 2) 2) Law upon which it is based Sec. 3 Judgment for two or more offenses (double jeopardy) - Accused must be formally arraigned for each offense charged. Sec. 7 Modification - only upon motion of the accused - ie. change of penalty rendered - before judgment becomes final or before perfection of an appeal. When a judgment of conviction final? 1) Lapse of period of perfecting an appeal 2) Sentence has been partially or totally satisfied or served. 3) Waiver in writing of right to appeal4) Applied for probation

Sec. 8 Entry of Judgment- Judgment is FINAL AND EXECUTORY

RULE 122: Appeal 4 points to consider 1) Who may appeal? - Any party, unless the accused will be placed in double jeopardy. a) conviction (by the accused) b) civil liability (either) c) bond d) motion to quash (by the prosecution) e) motion for discharge as state witness (by prosecution) 2) What may be appealed? 3) Where to appeal? a) to RTC - in cases decided by 1st level courts b) to CA - in cases decided by RTC c) to SC - in cases decided by CA 4) How to appeal? - manner provided by law (must be the proper mode of appeal) a) to RTC - from 1st lvl courts-notice of appeal filed to the court which rendered judgment - service of copy thereof to the adverse party b) to CA - from RTC (original jurisdiction)- notice of appeal filed to the court which rendered judgment service of copy thereof to the adverse party c) to CA - from RTC (appellate jurisdiction)-petition for review d) to SC - from CA or RTC (in proper cases)- petition for certiorari (mode of review)- special civil action for certiorari ( jurisdictional error, NOT A MODE OF APPEAL) e) to CA - from RTC (judgment of death penalty)- automatic review f) to SC - from CA (affirming judgment of of death penalty by RTC)- automatic review g) to SC - from CA ( lowering penalty from death penalty rendered by RTC) - notice of appeal h) to SC - any other kind of proceding- petition for review 5) When to appeal?- 15 days from promulgation of judgment- motion for new trial or reconsideration suspends running period (Granted)- motion for new trial or reconsideration (Denied) - FRESH PERIOD RULE (15 days) READ SEC. 11

RULE 124: Procedure in the Court of Appeals

- READ SEC 12 - READ SEC 14 - READ SEC 15 - Modification - rule 120 sec. 7

RULE 126: Search and Seizure Sec. 2 (b) Compelling reason - application might leak (leakage) Sec. 3 - Personal property tp be seizeda) Subject of the offenseb) Stolen or embezzled and other proceeds, or fruits of the offensec) Used or intended t be used as the means of committing the offense Sec. 4 - Req. for issuing a search warrant a) Probably cause b) in connection in one specific offense c) Determines personally by the judge d) After examination under oath of affirmation of the complainant and the witnesses he may produce e) Particularly describing the place to be searched and the things to be seized Sec. 10 - Validity of the Search Warrant - only 10 days from issue - cannot be extended Sec. 11 - Reciept of the property seized - to the lawful occupant or family member - if only 2 witnesses, place where the property is found Sec. 12 - Delivery of property; return - within 10 days from issue of search warrant - failure without justifiable reason = contempt of court Sec. 13 - Search incident of a lawful arrest a) body search b) immediate surrounding c) plain view

RULE 127: Provisional Remedies in Criminal Cases Read Rules 57-61