Updated Edition BY wn uano g.far.Io Bar Rcviewer in Remcdial Law, Comtnerci.ol Laut ond Ciuil Law Author: Fundamentals of Civil Procedurc; Euidcrce, (ARestatemcni for tlu Bar); Ciuil Pruedure (AResta,tement for the Bor); Euid,ence (The Bar l*ctures Serics) Dean, Cotlege of Law, San Sebastian College Reaoletos-Monila Mernber, Remedi,al Law q,nd Comm.ercial Law Committees, U.F. Law Center Professor and, I*cturer, Philippine Judicial Academy, Supretne Court of tlw PhiliPPines 2011 Philippine Copyright, 2011 by DEDICATION Nifra. . . Daddy. . . Mommy. . . Nonong... Neneng... ll lffi l!il| il ililtillililililtil I I til 05-RL-00042 il[ilffiilil[ffi[[il Printed by n$ pnillilllq c0lllPo]lq, i]lc. Typography & Greatiye lithog]aphy iii 84 P. Florntino St., Quezon City Tel. No.857-77-77 WILI,ARD B. RIANO tsB N 978-97 1 -23-61 58-6 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied in different electronic devices orin anyotherform, for distribution or sale, without the written permission ofthe author except briefpassages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book without the correspond- ing number and the signature of the author on this page either proceeds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED BYTHEAUTHOR N9 2447 Reprinted: June 2012 lsBN 97A-971 -23-61 5a-6 PREFACE After this work was submitted for publication on January 6, 2011, materials became available which contained court decisions worthy to be recommended for further readings. Foremost of these cases is that of JudithYu u. Samson-Tatad (G.R. No. 170979, February 9, 2017), which ended previous speculatiohs as to the applicability of the "fresh-period" rule to appeals in criminal cases. Hence, the need for an updated edition. This edition required the insertion of new case citations within the main chapters as well as the discussion of more ttcent Court rulings under the heading, Synopsis of Selected Cases. The cases selected were those with facts not involved ln those decisions treate{ in the original edition. The criminal procedure aspects of the Rules of Procedure in Environmental Cases were likewise added. In the pnocess of enhancing the current material, tome paragraphs which could have possibly given rise to misunderstandingwere deleted. Mere matters of opinion were likewise taken out so as not to detract from the instructional pur?ose of this material. Also, certain portions which are matters of purely substantive law were expunged and only thoee necessary to explain procedural concepts were retained. Some paragraphs were likewise reworded for greater clarityin the presentation of procedural principles. In some instances, a{iustments to editorial oversights in the original edition were effected. It is worth reiterating that this work is written primarily for the bar reviewee and the law student who need to be adequately equipped with the *core' knowledge required to hurdle the bar examinations. It is based on an empirically anchored deep-seated philosophy that passing the bar oxaminations roquiros u quick recall of tho law und the rulss. Honco, topics in this work havo been troutod wlth emphasis on the very substance of the Rulos of Court, a troatment traditionally referred to by academicians as a,codal,approach. While the framework of this material is mainly codal- based, it is supported by cases which mirror, not only the current position of the Supreme Court on vital issues in the criminal litigation process but also by significant foreign cases designed to aid the readerto understand a particular rule from a parallel doctrinal perspective. Cases have been judiciously selected to permit the reader to appreciate how the Supreme Court grappled with and settled a wide range of issues arising in the various stages of criminal procedure. The scope of this book reveals its having no pretensions of boing an exhaustive treatise on criminal procedure. Honest efforts have been taken to strip it of materials which veer away tlom whatis fundamental andbasic to allow a reasonablywide wiggle room for the reader to focus on procedural principles and concepts which have a fairly high probability of being utilized by the examiner in the framing of bar questions. As he goes through the various concepts of procedural law, the student is reminded that the principles underlying criminal procedure, like those of any other procedural rule, are construed liberally to meet the demands ofjustice. In our academic life we have always been beset by questions on matters involving consistency in the application of the rules. We have actually endeavored to show that there are no inconsistencies, and in order to fully appreciate the wisdom of Court decisions, the student must'be aware that each case is decided in accordance with the facts and the issues raised by the parties. While our concern for the academic needs of our law students supplied the motivation for us to start and complete this work, the invaluable participation of Atty. Ernes[o C. Salao and Atty. Maria Theresa P. Cabayan in the publication of this work is sincerely acknowledged for without their tremendous encouragement, assistance, and editorial skills, this material would not have seen the light of day. Laetly, the bar candidate and the law etudent is asked to cclnsider this work ae a humble recognition of their persever- ance and their unwavering commitment to their future in the legal profession. }YILT"AND B. RIANO Quezon City September L6,20LL vlI CONTENTS Chapter I PRELIMINARY CONSIDERATIONS BASIC CONCEPTS Concept of criminal procedure Ttre adversarial or accusatorial system..... Libei:al interpretation of the rules .......... Due process; mandatory A. Requisites for the Exercise of Criminal Jurisdiction Requisites. Jurisdiction over the subject matter versus jurisdiction over the person of the accused......... Jurisdiction over the territory; venue in criminal cases (Bar 1997).......... When a court has jurisdiction to try offenses not committed within its territorial jurisdiction....... B. Criminal Jurisdiction Over the Subject Matter........ Jurisdiction over the subject matter....... How jurisdiction over the subject matter is conferred How jurisdiction over the subject matter is determined Statute applicable to a criminal action...... Use of the imposable penalty Principle of adherence of jurisdiction pr contrprdng j urisdiction Disfissal on jurisdictional grounds; special Raising the issue ofjurisdiction for the first p. Criminal Jurisdiction Over the lerson of The Accused (Bar 2008). 1 2 3 3 4 4 4 5 6 10 10 11 L2 13 L4 L4 15 L6 vlll l7 D. Injunction To Restrain Criminal Prosecution (Bar 1999) E. Mandamus to Compel Prosecution (Bar 1999).......... CRIMINAL ruRISDICTION OF COURTS A. Criminal Jurisdiction of the Municipal Trial Court, Municipal Circuit Trial Court, and Metropolitan Trial Court (MTC) B. Criminal Jurisdiction of Regional Trial Court (RTC) C. Criminal Jurisdiction of the Sandiganbayan (P.D. 1606, R.A. 7975 and R.A. 8249).................. Offenses subject to the jurisdiction of the Sandiganbayan (Bar 1997) ......... Officials and employees with a salary grade of "2'1" or higher... Officers falling below salary grade '27" ..................... SaIary grade alone does not determine jurisdiction of the Sandiganbayan....................... A student regent ofa state university is a public officer......... Offenses committed in relation to the office.............. When the actual specific allegations of the intimacy between the offense and the official duties ofthe accused need not appear in the information Anti-Money Laundering cases ......... Forfeiture cases.......... Surnmary procedure in criminal cases ......... Prohibited pleadings, motions and petitions in summary procedure (Bar 2004); civil and criminal case............ SYNOPSIS OF THE CRIMINA], LITIGATION PROCESS Initial contact with the criminal justice system Filing of the information or complaint and other processes... Implied institution of the civil action Availment of provisional remedies Bail Arraignment; bill of particulars; suspension of 19 20 Pre-trial.... Tlial; demurrer... Judgment Post-judgment remedies................. Entry ofjudgment................. Chapter ll PROSEGUTION OF OFFENSES (RULE 110) INSTITUTION OF CRIMINAL ACTIONS Purpose of a criminal action......... How criminal actions are instituted (Bar 1999).............. Institution of criminal actions in Manila and other chartered cities.......... No direct filing in the Regional T?ial Court and Metropolitan Trial Court of Manila and other chartered cities.......... Effect of the institution of the criminal action on the prescriptive period (Bar 1993). Illustration of the above rules.......... Rule on prescription for violations of special laws and municipal ordinances PROSECUTION OF THE CRIMINAL ACTION Who must prosecute the criminal action; who controls the prosecution (Bar l-990; 2000) Appearance of a private prosecutor. Effect of filing of an independent civil action on the right of the offended party to intervene in the prosecution of the offense Consequences of the rule that a criminal action is prosecuted under the direction and control of the public prosecutor Prosecution of a criminal action in the Municipal Trial Court or Municipal Circuit T?ial Court Prosecution for violation of special laws........... INTERVENTION OF TIIE OFFENDED PARTY IN THE PROSECUTION OF THE CRIMINAL ACTION Intervention of the offended party.......... When a private prosecutor may prosecute a case even in the absence ofthe public prosecutor. 51 52 53 53 54 II. 2L 23 24 28 29 30 33 34 34 38 40 40 40 42 55 55 56 56 59 67 68 68 69 57 57 II. m. m. 43 47 48 49 49 75 60 61 74 74 xl 76 ry. PROSECUTION OF "PRIVATE CRIMES" rrjxr,ont, ot l,h() tul,h(,rity givon kr tho prlvrrto protocul,or wlrotr tlul.y rrul,lrorizorl to prrxot:rrtu l,hu rction Prosecution of adultery and concubinage...... Prosecution ofseduction, abduction and acts u. VUNUD 0F otilIvl.tNAl, AO'l'toN$ Rule whoro olfonso is comnril,l,ud ln a train, aircraf't or vehicle Rule where olfense is committed on board a vessel......... Rule when the offense is covered by Art. 2 of the Revised Penal Code........... 100 How to state the place of the commission ofthe offense 100 VII. AMENDMENT OR SUBSITUTION OF THE COMPI"AINT OR INFORMATION Amendment of the information or complaint before plea; no need for leave (Bar 2O0l;2002) ..._.... 100 When leave of court is required even if the amendment is made before plea ........... 100 Rule as to amendment made after the plea ofthe accused 101 When an amendment is formal or substantial (Bar 1997). 101 Substitution of complaint or information (Bar 2002)...... LO4 Distinction between substitution and amendment (Bar 1"994). LO4 Chapter lll pRosEcuTtoN oF ctvtLAcTtoN (RULE 111) Implied institution of the civil action with the criminal action lO7 Purposes of the criminal and civil actions....... 109 Judgment of conviction includes a judgment on the civil liability 109 Who the real parties in interest are in the civil aspect of the case............ 109 Eule applicable............ 109 When a civil action may proceed independently; independent civil actions and quasi-delicts (Bar 2005). 109 Consequences of the independent character of actions under Articles 32,33,34 and 2176 of tlne Civil Code....... 111 TVhen there is no implied institution of the civil action. ltz Reservation ofthe civil action 11g No reservation of the civil action in Batas Pambansa Blg.22 (Bar 2001; 2002).......... 118 99 99 77 77 78 of lasciviousness Effect of R.A. 7610 (Special protection of Children Against Child Abuse, Exploitation and Discrimination Act)..... Prosecution of Defamation ............. V. THE COMPLAINT AND INFORMATION Meaning of 'compIaint,................. In whose name and against whom fiIed........... Meaning of information, (Bar lgg 4, lgg5, 1 996)............. Distinctions between a complaint and an information (Bar 199g) . Infirmity in signature in the information Suffi ciency of the complaint or information ..................... Test for sufficiency of the complaint or information........ Questioning the insufficiency of the complaint or information ............. Objections as to form Date of the commission of the offense Determination of the nature uoa "fr.rr"i;;" " " ' of the crime......... How to state the name of the accused How to state the name of the offended party who is a natural person..... How to state the name of the offended party which is a juridical person...... Rule if the name of the offended party is unknown in offenses against property Designation of the offense Effect of failure to designate the offense by the statute or failure to mention the provision violated.. Effect of failure to specify the correct crime.......... Statement of the qualifying and aggravating circumstances (Bar 2001).......... Cause of the accusation. How to state the date of the commission of the offense....... Duplicity of the offense (Bar 200b) 78 79 79 80 80 8L 81 81 82 82 83 83 84 84 85 85 85 86 87 88 88 92 96 97 xlll Whon tho nopuruto civil uction ir surpondod..,.,,.,..,,.,.. consolidation of tho civil ac[ion wiilr tho crirni.ul 'cilo'....... Suspension of the poriod of prescription.............. When no reservation is required; when civil action is not suspended Counterclaim, cross-claim, third-party claim in a criminal action !{"" on filing fees............ Effect ofdeath ofthe accused on the civil action Novation: extinguishment of criminal liability. ........ ........ .... Effect of acquittal or the extinction of the penal action on the civil action or civil liability !ff""t of payment of the civil liability Effect ofjudgment in the civil case absolving the defendant ............... Subsidiary liability of employer Concept of a prejudicial question (Bar lggg) ......... Reason for the principle.... Requisites for a prejudicial question (Bar lggg).......... Effect of the existence of a prejudicial question; suspension of the criminal action Whon proliminary'lnvostiga[ion ir nul, roquirod evon il'tho oll'onso is ono which nornrull.y ioquires a preliminary investigation............ Person arrestod lawfully without a warrant may ask for a preliminary investigation Bail for a person lawfully arrested during the preliminary investigation................. Quostioning the absence of a preliminary investigation......... Absence of preliminary investigation; effect on be strictly followed..... Initial steps in preliminary investigation; fiIing of the - complaint for preliminary investigatiorr................. Diemissal of the complaint or issuance of a subpoena............. Filing of counter-affidavit by the respondent; no motion to dismiss.. Action to be taken if the respondent does not submit jurisdiction of the court.......... L6Z Absence of preliminary investigation; not a ground _ for motion to quash.... L6Z Inquest proceedings 1,62 Possible options ofthe inquest prosecutor. 168 The inquest must pertain to the offense for which the arrest was made 164 Who may conduct preliminary investigation and determine existence of probable cause......... 168 The procedure for preliminary investigation must L71 L74 175 L76 114 115 116 116 L77 118 1r.B 120 t20 124 L24 125 L25 L26 126 128 129 129 130 L57 158 159 160 - (Bar 1995; 1999;2010).......... Suspension does not include dismissal... Where to file the petition for suspension............. Case illustrations Chapter lV PRELIMINARY INVESTIGATION Nature of preliminary investigation; purpose - (Bar 1985; 1986; 1991; 1998; 2OO4).......... Nature of the right to a preliminary investigation.................. lrght to a preliminary investigation; waivable.... Preliminar5r investigation vs. preliminary examination _ (preliminary inquiry)................................. Probable cause in preliminary investigation.......... Kinds of determination of probable cause Cases requiring a preliminary investigation; when not required (Bar 2004) Procedure for cases not requiring a preliminary investigation................. Direct filing with the prosecutor ............. his counter-affidavit.... L76 Clarificatory hearing if ";;";;;q4 ;;;i;il;i;; " examination................ 777 Determination by the investigating officer L77 Discretion of prosecutor in filing of a criminal complaint or information (Bar lggg)......... LTT Resolution of investigating prosecutor; certifi cation __ of preliminary investigation................. LTg Effect of the absence of the iequired certification (Bar 1998). L7g Forwarding ofthe records ofthe case for action; need - for approval before filing or dismissaI................... I7g Rule when recommendation for dismissal is disapproved....... Llg Motion for reconsideration 1g0 Appeals to the Secretary of Justice; filing a petition for review.. 1g0 Rules of Court provisions when resolution is reversed or modified by the Secretary of Justice 1gg r43 745 150 150 150 L52 L54 155 155 156 Direct filing with the Municipal Tyial Court 188 O urrtod iu l i nvoul,i gation ; oxtrtu rr dod concept Ponall;ios undtlr Il,.A. 74.98... Effect of an illogul arresl, on jurisdiction oftho court Effect of admission to bail on objections to an illegal arrest 224 224 224 225 184 187 189 189 189 191 L92 r.96 Waiver of the illegality of the arrest; effect of illegal arrest (Bar 2000; 2001) Persons not subject to arrest il. SEARCHES AND SEIZURES (RULE 126) Nature of search warrant (Bar 1g94) The Constitutional provision Arrest distinguished from search and seizure Definition of a search warrant under the Rules Application for a search warrant; where to fi1e................ Search warrants involving heinous crimes and others. ZBI Ex parte application for a search warrant..... 2gB Property subject ofa search warrant ZBS Requisites for the issuance of a search warrant ZA4 Probable cause in search warrants... ZJl Probable cause to arrest and probable cause How the examination shall be conducted by the judge... 2Bg Particular description of place or person... Z4L Particular description of the items to be seized; general warrants (Bar 2005). 24b Ownership of property seized not required...................... 2SL Extent of the search........ 252 Search of third persons not named in the warrant.......... Z5g Issuance and form of the search warran.t..... 25g Duration of the validity of a search warrant..... 254 fime of making the search........ .. ZS4 Manner of making the search 254 RuIe if the officer is refused adrnittance; "knock 255 225 227 228 229 230 23L 23L Chapter V ARRESI SEARCH AND SETZURE ARREST (RULE 113) Bequisites for the issuance of a warrant of arrest........... Preliminary inquiry (examinatio");;;;;" - - . prgliminary investigation................. Method of arrest with a warr;;;;;;;;;;; ' not be in possession of the omd"r....- No unnecessary violenc" ............_....-.::..' ' ' ' "' Authority to summon assistance ............,' "" When person to be arrested is inside,;;iilt"g.............. When a warrantless arrest is lawful ___ (Bar 1988; 1989; 7996; t99T;2OAO;2004;?010)........ Who may make wa*anuess ;;;;;;;f;ffi;;;'' "' " citizen's arrest.. The balf ,f tlrrl; i;;;;;;;;;;;;i;;;;;;i;;; _ . requisites.............. Existbhbe of ari overt act of a "ri-" i,, ti; il;;;;; of the person making tfr" ,i"".t...._... T_he hot pursuit exception (B* r6t;' ;d;;..................... Mcthod of arrest without "*;;;::.:.:. Time of making an arrest........... _. _....... :..,' Rights of a person arrested (R.A. 74g8).................... :.. :.... 201 202 208 209 210 210 zLO 21t 212 213 214 220 222 223 223 and announce ru1e"....... Duties of the officer after the search and seizure; delivery and inventory............... puty of the judge; retun{,ahd other proceedings............. Duty of the custodian of the log book Objection to issuance or service of a warrant .................. Where to file a motion to quash a search warrant 256 256 257 257 258 or to suppress evidence xvll Who may aacall tho iesuanco of a search wurrunt.,,........ Petition for certiorarj for unwarranted quuuhul of a search warrant..... .,.............,... Exceptions to the search warrant requiremont (Bar 1988; 199b; 1996; 1997;2008) Search incident to a lawful arrest (Bar 2008). Parameters of a search incident to a lawful arrestl immediate possession and control rule...................... Searches of moving vehicles..... Check points........ Buy bust operations; warrant not needed (Bar 2008) ..... Entrapment and instigation.......... Applicable tests in a buy-bust operation; adoption of the'objective test, ........... Effect ofabsence ofprior surveillance before a buy-bust operation... Effect of absence of record in police blotter....... Plain view doctrine (Bar 2007 ; 200S).......... The'inadvertence' requirement under the plain view doctrine .............. Other cases.......... Terry searches or stop and frisk; history ofthe Summary of the Terry doctrine..... Terry search vs. a search incident to a lawful arrest......... Bond to ensure the return of the seized items................. Consented Searches.... Effect of an illegal search and seizure; fruit of the poisonous tree doctrine (Bar 2008).................. Civil damages; criminal liability...... Authority of the Executive Judge and Vice Purganan c8B0 ro:oxominod -Bail in deportation procodingo Who furniehos the baiI............ Obligation and right of the bondsman; arrest without a warrant.. gl2 The applicant for bail must be in custody B1A P"ll !" guarantee appearance of witnesses (Bar 1999)............ B1b !$ for those not yet charged BL5 Effects of failure to appear at the trial........... 816 Court cannot require arraignment before the 275 309 310 3L2 268 269 260 262 263 270 27L 273 274 317 320 323 324 325 325 327 328 329 331 332 333 277 278 278 283 284 290 293 296 297 298 298 300 337 339 339 339 341 343 343 grant of bail........ Forms of bail (Bar 1999). Guldelines in fixing the amount of bail (Bar 1999). Duration of the bail............ No release or transfer ofperson in custody; exceptions. [h", bail is not required................ When bail is not allowed When bail is a matter of right (Bar 1999; 2006; 200g) Remedy when bail is denied ....................:. When bail is a matter of discretion (Bar 1999;2006;2008) BZg Where application for bail is to be filed when bail is Executive Judge re search warrants in Manila and Quezon City Chapter Vl BA|L (RULE 114) a matter of discretion and after conviction by the Begional Trial Court T[hen-application for bail afber conviction by the RTC shall be denied i....r.... Ball pending appeal where penalty imposed exceeds six years.... Hearing of application for bail in offenses punishable by death, reclusion perpetua, or life iirprisonment; burden of proof in bail application............ Duties of the trial judge in a petition for bail in offenses punishable by reclusion perpetua, life imprisonment or death Evldence in bail hearing are automatically reproduced at the trial .................... j......... Capital offenses..... Effect of Republic Act No. 9846 on the graduation of penalties Wher_e application o, petition itir;;li;il; _ filed (Bar 2002) 300 Meaning, nature and purpose of bail (Bar lggg) Constitutional basis of the right to fiiil.............. Bail in the military Bail in extradition proceedings 302 304 306 306 308 Exception to the'no bail ruIe,, in extradition proceedings...... Bail for accused originally released without bail Forlirituro ol'bnil Cuncollution of' tho buil; rurnorl.y Application fbr or admission kr ltuil nol, rr lrur l,rr objections on illegal arrest, lack ol'or irrogrrlrrr preliminary investigation Chapter Vll RTGHTS OF THE ACCUSED (RULE 11s) lt43 :t44 345 'l'lro priv i logo rrgr i rrnI nol l'-incrirrr i rrrr[iorr (lhr lf)l)6; 1998; 2(X)4; 2006).....,.... 896 'l'lrc privilcgo rrpplics onl.y to nuturul porsons ggg '[ho privilogc pnrlccts u puruon tirrm bestimonial c,mpulsio, or cvidcncc,r'a communicative nature........ 400 It'rrrco re-enactments 405 Mouning of compulsion.............. 406 Writing exemplars or samples 406 Quostions which the witness may refuse to answer 410 l)rivilcge extends to lawyers advising a witness - to invoke the priviIege................. 4tl l'orsons who are mere custodians of documents cunnot claim the privilege 4L2 f'roccedings in which the privilege may be asserted 41g l)istinctions between the claim of the frivilege by an accused and by a mere witness 414 Wuiver of the privilege.... .. 4t6 'l'ho privilege will not apply when witness is given - immunity from prosecution 4L6 lmmunity statutes; examples... 4LB The right to defend himself; right to be heard 42L Thc right to testify as a witness................. 422 Thc right to confront and cross-examine the witnesses against him ............ [tight to use testimony of a deceased witness Itight to compulsory process..... llight to appeal 347 348 349 351 354 355 357 359 360 368 369 369 lnc) OIL 373 376 Jl I 381 383 388 390 391 391 393 423 425 425 426 Chapter Vlll ARRATGNMENTAND PLEA (RULE 116) A. BASIC CONCEPTS Meaning and importance of arraignment (Bar 2007),..... Duty of the court before arraignment................... !.... r.. ;... Options of the accused before arraignment and plea...... Plea made before a court with no jurisdiction...... Arraignment under an amended information; substituted information B. I{OW ARRAIGNMENT AND PLEA ARE MADE Where arraignment is to be made How arraignment is made 428 429 429 432 432 433 433 When arraignment is to be made 433 Arraignment afl,or submission of the cano for decision Record of arraignment ............. Presence ofthe accused Presence of the offended party......... When a plea of 'not guilty'shall be entered (Bar 1992; 1993; 1996) Plea of guilty is a judicial confession; effect on aggravating circumstances.............. Exception to the admission of aggravating circumstances.............. Plea of guilty to a lesser offense; plea bargaining (Bar 1995; 2002).......... Requisites for a plea of guilty to a lesser offense Plea of guilty to a lesser offense after arraignment; plea bargaining during the trial proper........ No need for amendment of information/complaint .......... When plea of guilty to a lesser offense is not mitigating............... Plea of guilty to a capital offense (Bar 1995). Meaning of "searching inquiry".. Plea of guilty to a non-capital offense....... Improvident plea of guilty Production or inspection of material evidence Chapter lX MOTION TO QUASH (RULE 117) Time for filing the motion to quash Form and contents of the motion to quash Motion to quash is not a demurrer to evidence; distinctions Court shall consider only those grounds stated in the motion Motion to quash; grounds for a motion to quash (Bar 1987; 1990; 1991; 1992; 1993; 1994; 1995; 1996; 1998; 1999; 2000; 2OO2; 2003; 2004; 2005; 2009;2010) Execution ofan affidavit ofdesistance is not a ground for a motion to quash................. :'. : :.. Absence ofprobable cause not a ground to quash an information ........... Matters of defense are not grounds for a motion to quash.... 434 436 436 436 496 439 440 440 441 Abnernco ot'a proliminsry invostlgatlon ls not a ground to quash an inlbrmation............. 466 Tost in approciating u motion to quash 456 E{I'ect of failure to assert any ground of a motion to quash.... 457 Grounds not waived 458 Denial of a motion to quash.... 458 When court shall order the amendment of the information or comp1aint................. 459 Order sustaining a motion to quash is not a bar to another prosecution; exceptions (Bar 1994). 459 Double jeopardy.......... 460 Effecte of double jeopardy; on criminal and civil aspects...... .. 462 Double jeopardy; requisites........... 465 Curing an erroneous acquittal; grave abuse discretion of amounting to lack jurisdiction 469 Preliminary investigation; double jeopardy not app1icab1e................ 474 Res judicata and double jeopardy; res judicata in prison Srey (Bar 2010).......... 475 Administrative cases; double jeopardy not applicable.. 475 Valid complaint or information (Bar 20O2;2004) 477 Accueed should have pleaded to the charge (should have been arraigned) (Bar 2002;2003) ...'..... 479 The accused has been convicted or acquitted, or the case against him dismissed or terminated without his express consent...... Diemissal or termination must be without the express consent ofthe accused Dlsmissals equivalent to acquittal even with the consent of the accused; speedy trial; demurrer to evidence.........' Double jeopardy in quasi offenses.............. IYhen double jeopardy shall not apply despite a prior Meaning of same offense; when not the same (Bar 1993; 1994).......... Provisional dismissal; requisites (Bar 2003) Tlme bar rule; when provisional dismissal becomes permanent. Effect ofPeople v. Lacson Withdrawal of information distinguished from a 485 487 49t 495 442 442 443 443 445 448 448 449 482 457 457 451 453 454 455 496 503 506 507 453 455 motion to dismiss.. 510 A. Chapter X PRE.TRIAL, TRIALAND DEMURRER TO EVIDENCE (RULES 118-119) PRE-TRIAL (RULE 118) (Bar 1986; 1989; 2004; 2008) Courts in which pre-trial is mandatory............... Matters to be considered during the pre-trial; purposes.... When pre-trial shall be held ........... Non-appearance in the pre-trial conference; consequences ............... Duty of the Branch Clerk of Court Recording of the minutes..... Duty of th.e judge before the pre-trial conference Duty of the judge when plea bargaining is agreed upon; prosecution and offended party agree to the plea..... Duty of the judge when plea bargaining fails.................. Asking questions during the pre-trial Pre-trial agreements; signing of admissions made.......... Pre-trial order ......... Pre-tria1 in a civil case vs. pre-trial in a criminal case ........... Effect of pre-trial order.......... Judicial dispute resolution (JDR); purposes Stages in the judicial proceeding with JDR; confidentiahty .............. Cases subject to mediation for JDR.. Salient features of the suggested JDR process................ Court-annexed mediation guidelines............... Discovery procedures in criminal cases.......... TRIAL (RULE 119) When trial shall commence. Summary of periods... Time to prepare for trial...... Effect of not bringrng the accused to trial within the prescribed period Delays to be excluded from computing the period for commencement of'the trial; some examples ............ When delay or suspension of trial is justified by reason of the absence of a witness B. 51r. 511 5L2 5t2 513 513 513 513 514 5L4 5t4 515 515 516 517 5L7 518 519 521 524 526 527 527 528 528 529 630 630 531 531 531 531 532 533 534 534 534 535 535 535 536 537 538 538 539 540 1994; 1996; 2001; 540 541 542 543 544 545 xxlv I. Chaptrr Xl JUDGMENT, REMEDIES AFTER JUDOMENT OF CONVICTION AND PROVISIONAL REMEDIES JUDGMENT (RULE ].20) Meaning ofjudgment. Requisites of a judgment Contents of a judgment of conviction; contents of judgment of acquittal.................. Rule when there are two or more offenses in a single information or complaint (duplicitous complaint or information)............ Judgment rendered by judge who did not hear the case..... Variance doctrine; variance between the allegation and proof (Bar 1998; 20A4)......... When an offense includes or is included in another........ Variance in the mode of the commission of the offense... Promulgation of judgment (Bar 1 g9Z) ......... How accused is to be notified of the promulgation.......... Rule if the accused fails to appear in the promulgation ofjudgrnent ............. Modification ofjudgment (Bar 1989) ......... When judgment becomes final Entry of judgment.................. II. NEW TRIAL OR RECONSIDERATION (RULE 121) Filing a motion for new trial or a motion for reconsideration.. Grounds for a new trial Requisites for newly discovered ovidence Grounds for reconsideration of the judgment Form of the motions; notice Notice of the motion When hearing of the motion is required Effects ofgranting a new trial or reconsideration The Neypes rule m. APPEALS (RULES 122,724,12b) (Bar 1991; 1992; 1993; 1998) Appeal not a natural right Who may appeal Subject matter for review on appeal Ohango ol'thoory on uppoul.,. 661 Fuctuul llndings; crodihility ol' witnossoe ......................... 661 Whoro to appoal 66g How to appeal 864 When appeal is to be taken b6S Service of notice of appeal 566 Transmission of the papers to appellate court (RTC)...... b66 Withdrawal of appeal b66 Appeal not mooted by accused's release on paro1e........... 567 Effect of appeal by any of several accused (Bar 1g9g)..... 867 Appeal from the civil aspect b6g Period to apply for probation ................ 56g Stay of execution.......... b6g Power of the Court of Appeals to receive evidence 569 Dismissal of appeal by the Court of Appeals.. 569 Ground for reversal ofjudgment or its modification....... 5TO Review of decisions of the Court of Appeals. 5TO Applicability of the rules on appeal in the Court ofAppeals to the Supreme Court 570 Rule if the opinion of the Supreme Court en banc is equally divided....... 570 When preliminary attachment is available 872 ry. PROVISIONAL REMEDIES IN CRIMINAL CASES Availability of provisional remedies 571 Synopsis of Selected Cases 574 600 609 Criminal Procedure Aspect of the Rules of procedure in Environmental Cases Case Index 646 646 548 549 550 550 551 551 552 552 553 554 554 554 554 555 555 556 556 556 558 559 560 557 557 557 xxvl xxvll