Beruflich Dokumente
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Jurisdiction
venue is jurisdictional
place of commission determines jurisdiction
unless it is a transitory/continuing offense (where elements
of the crime may be committed in more than one place)
o ex. BP 22 place of issue or where check bounced
if crime committed outside the Philippines, it can still be
prosecuted here if it falls under Art. 2 RPC or under HSA
venue cannot be subject of compromise, waiver
venue of HEARING may be changed, but action must be
INSTITUED at venue where crime was committed
o this is provided for in the Consti, needs approval of
the SC
for protection of witnesses, accused
Isip v. Ppl venue is jurisdictional
Jurisdiction of Courts
o RTC penalty exceeds 6 years, regardless of fine or
accessory penalties
o MTC does not exceed 6 years
o If penalty is purely a fine (Circular 9-94)
RTC exceeds P4000
MTC does not exceed P4000
Jurisdiction of Special Agrarian Court (RTC)
o Landbank case
o There can be a criminal penalty for violation
o Given exclusive jurisdiction over:
Just compensation
All criminal offenses arising from that law
Jurisdiction of the SB
o Accused it at least SG 27
o Office must be a constitutive element of the offense;
without the office, the crime would not have been
committed
o Sirrana case involves UP student regent; SB has
jurisdiction because they are placed under SB
jurisdiction by express provision of law
Rule 110
Requires PI office of the prosecutor
Does not require PI
o In Manila and other chartered cities prosecutor
o Outside Manila or chartered cities prosecutor or
MuTC
Summary Proceure
o BP 22 prosecutor
o Other cases prosecutor or Municipal Trial Court
(NOTE: NO DIRECT FILING IN MeTC)
Prescription
o Panagiton (BP 22) case prescriptive period is
deemed interrupted upon filing of case before the
prosecutor (even if the GR for special laws is upon
filing in court)
Control, Direction, and Supervision of a Criminal Case (Sec.
5)
o Given by law to the public prosecutor
o Three-fold duty of public prosecutor:
Conduct PI
Prosecute a case
Inquest proceeding
o Public prosecutor is in control of a criminal case; he
should be there
o The fact that there is a private prosecutor does not
remove the power of the public prosecutor to
prosecute
o But in the absence of the public prosecutor or due to
heavy workload he cannot prosecute, private
prosecutor can get a certification from chief state
prosecutor/chief of prosecution office that will allow
him to proceed
o Role of private prosecutor intervenes for the
offended party
o Adultery and concubinage can only be instituted by
the offended spouse, must implead paramour as well
unless dead
o Seduction, abduction, acts of lasciviousness can be
instituted by offended party even if minor, parent,
Place of commission
As a general rule, approximation is
sufficient (within the jurisdiction of
_______)
but for offenses such as trespass to
dwelling, violation of domicile,
election offenses, specific place
required since it is a material
element
name of the offended party
if known, must state the name
if not known but crime against
property, describe property
Sec. 13
o One information, one offense
o Exception: Rule 120 Sec. 3; if accused fails to object
Amendment (Sec. 14)
o Whether a matter of form or substance, there can be
an amendment before plea
o Formal amendment can also be made after plea if it
will not prejudice the right of the accused; no more
substantial amendment after plea
o TEST: if the original defense of the accused will have
to be changed by reason of the amendment, it will
prejudice the rights of the accused and cannot be
made
o Downgrading and exclusion
Downgrading ex. from murder to
homicide
Exclusion removing from the information
This is different from discharge as
state witness, where a plea has
already been made
Should take place before plea
Upon motion of the prosecution, with leave
of court, with consent of the offended party
Substitution (Sec. 14)
Rule 111
Civil liability of criminal cases
GR: once a crim action is instituted, the civ action is also
instituted
o Unless reserved, waived, or instituted prior
No reservation in BP 22
Reservation can be made at any time before prosecution
presents evidence, but considering the circumstances of the
case
Filing fees
o Only for moral, exemplary, nominal, temperate
damages
o No filing fees for actual damages
o If BP 22 filing fees for all claims
Actual damages is face value of check
Consolidation
o Amparo and civ/admin NO
o Amparo and crim case YES
o If civil instituted ahead, then subsequent crim, civ is
interrupted until final judgment in crim; but there is
an option to consolidate
31 January 2011
Rule 111
Kinds of acquittal
o Based on reasonable doubt
o Non-liability
o Purely civil
Rule 112
Preliminary investigation
o 4 years, 2 months, 1 day
Preliminary investigation v. Inquest
Who can conduct
Procedure
o
Must the respondent be served and actually receive a
subpoena before the prosecutor acquires jurisdiction over his
person?
o No
o Preliminary investigation is a statutory right that
may be waived
Remedies from a resolution from the prosecutor
o Petition for review with DOJ within non-extendable
period of 15 days
o Offense is one that requires preliminary
investigation or has gone through reinvestigation
o
Procedure if no preliminary investigation
The mere filing of a petition for review will not suspend the
issuance of a warrant of arrest; it is the arraignment that is
suspended
Inquest
o
o
Rule 113
Instances of warrantless arrest (Sec. 5)
o In flagrante delicto
o Hot pursuit
o Escaped from penal establishment
Other instances
o When already lawfully arrested and tries to escape
o When out on bail and tries to flee
Rule 114
Bail as a matter of right
o Before or after conviction in cases under the
jurisdiction of the MTC
o Before conviction in cases under RTC jurisdiction
not punishable by D, L, RP
Bail, when discretionary
Kinds of bail
o Cash bond
o Corporate surety
o Property bond
o Recognizance
9 February 2011
ABSENT
14 February 2011
Rule 115
Post-conviction petition for Habeas Corpus
Rule 116
Arraignment
Information read to accused in a language known to him
Can there be belated arraignment?
Plea
Kinds
o Plea of guilt
To a lesser offense
16 February 2011
Rule 117
Motion to Quash
To quash the information for being defective
Distinction between motion to quash and provisional
dismissal
o Grant of motion to quash can result in the
amendment of the information if the defect can be
cured by amendment
o If ground is that the facts charged do not constitute
an offense, can still be amended
o Grant of motion to quash is not a bar to refiling a
case, except if based on prescription or double
jeopardy
o Provisional dismissal is not concerned with the
information, case is temporarily dismissed and can
be revived
o Provisional dismissal can be granted if prosecution
cannot produce witnesses
o Double Jeopardy
Double Jeopardy
o Requisites
Valid information
Court has jurisdiction
Valid plea
Acquittal, conviction, or dismissal without
the express consent of the accused
o Dismissal without the express consent of the accused
Failure to prosecute YES
o Dismissal upon motion for violation of right to ST
acquittal
o Dismissal upon demurrer to evidence by accused
acquittal
o Motion to determine probable cause filed in court
No DJ, no plea yet
o Exceptions to DJ:
Supervening facts
Facts constituting graver offense became
known only after plea
Plea of guilty to a lesser offense was made
without consent of the prosecutor AND of
offended party
Except plea of guilty to lesser
offense included in the offense
charged, which may be made before
prosecutor only when offended
party was notified but failed to
appear
Motion to dismiss v. Motion to quash
o In a MTD, court has free had to dismiss outright; in
MTQ, court will order amendment first in certain
grounds
o MTD can be refiled, except res judicata,
prescription, litis pendentia, claim has been paid,
unenforceable under statute of frauds; MTQ can be
refiled, except prescription and double jeopardy
o Failure to raise grounds in MTD are deemed waived,
except lack of jurisdiction, prescription, res judicata,
Cancellation of bail
Voluntary upon surrender or death
of accused
Automatic
cancellation
upon
acquittal, dismissal, execution of
judgment of conviction
Pre-trial is mandatory
Preliminary conference before the COC
Rule 119
Trial
Order of presentation of evidence in criminal cases:
o Prosecution
o Defense
Order of trial can be reversed if accused admits charge but
interposes a lawful defense
Discharge of accused as a state witness
o Requisites:
Absolute necessity for his testimony
No other direct evidence available to the
prosecution
Testimony of accused can be substantially
corroborated in its material points
Said accused does not appear to be the most
guilty
Has not been convicted of any offense
involving moral turpitude
o Applied for any time before the prosecution rests its
case
o Witness Protection Program
Same requisites
But mode of application is different
You apply for this with the DOJ
Done before arraignment
Will DJ attach here? No, no plea yet.
o Demurrer to evidence
Compare with Rule 33
Rule 120
Judgment
Remedy of prosecution for acquittal: certiorari
o But you need the approval of the OSG
Promulgation
o GR accused must be present, or else he loses all
remedies available under the law
o EXC need not appear for light offenses
o Remedy file a motion for leave to avail of these
remedies within 15 days, appear before court and
state reasons for absence
o There is promulgation in the appellate courts in both
civ and crim; there is no promulgation of civ cases in
MTC/RTC
Modification of judgment
Risayo v. People the judge who penned the decision just
took over the case; still valid even if not judge who heard the
case
People v. Garalde even if different judge heard testimony,
judgment is not null and void
Rule 122
Appeals
No record of appeal in crim cases
DO NOT GO FROM RTC DIRECTLY TO SC
Lubriga v. People (Sec. 11) the accused who invoked Sec. 11
actually filed an appeal but it was dismissed on a
21 February 2011
Counsel de officio
GR: accused is given a choice to retain counsel de parte
If he cant afford, court will appoint counsel de officio for
arraignment
Today, if accused cant afford/indigent, case referred to PAO
Counsel de officio can be named by appellate court
o If accused signed his own appeal
o Cant afford
COC must inform counsel of this right
Can SC appoint? Yes, even if not in Rules
Rule 126
Searches and Seizures
Object of search should be described with particularity
No need for specific amount
Where to apply
o GR: Based on rule of territoriality
o EXC: Sec. 2
Is the application for a search warrant a criminal action?
o No, it is a special judicial process
Can it evolve into a criminal action?
Probable cause
o Search warrant
o Warrant of arrest
o Preliminary investigation
Who determines probable cause?
o Judge
Personal examination
Mere submission of affidavits are not
enough
Requisites
Motion to Quash v. Motion to Suppress
o MTQ no search yet
o MTS search has been made, but file before objects
seized are presented in evidence
Implementation of Search Warrant
o Present to lawful occupant
o Inventory
Drugs cases
o Inventory should be made at the scene of the crime
o What is important here is the chain of custody
Search as an incident of a lawful arrest
o
Rule 127
Evidence
Rule 128
Evidence is the means, sanctioned by these rules, of
ascertaining in a judicial proceeding the truth respecting a
matter of fact
MEMORIZE RULE 130 and 132
Three kinds of evidence
o Object
o Documentary
o Testimonial
All must pass through the rule on admissibility (Rule 128
Sec. 3)
o Relevancy + competence = admissibility
Direct v. Circumstantial
Positive v. Negative
Corroborative v. Cumulative
Primary v. Secondary
o Primary best evidence available to establish the
fact in issue
o Secondary
Physical evidence v. testimony of a number of witnesses,
which prevails?
o Physical evidence, because it speaks of what actually
happened
Exceptions to hearsay rule are not exclusive
How to destroy the exceptions destroy the requisites
Prima facie evidence v. disputable presumptions
Disputable v. conclusive
Degree of evidence
o Preponderance
o Beyond reasonable doubt
Application of rules on evidence
o GR: Rules of evidence apply uniformly in all courts
o EXC: except as otherwise provided for by law or
rules
no presumption of innocence in civil cases
character evidence
two witness rule in treason
o Do rules of evidence strictly apply in quasi-judicial
agencies?
Generally, no
Look at rules of procedure of that particular
agency
Usually there is a provision that says
that the rules on evidence are
suppletory
Sec. 4
o Relevance
Rule 129
Judicial Notice
o Mandatory
o Discretionary
Court cannot take judicial notice of rentals because it is a
factual matter
Discretionary
o
o
Sec. 3
o Hearing
Judicial admissions
o Made while the action is pending
Rule 130
Remember the test of admissibility
Object (Real) Evidence
o Presented to the court
o Photographs
Not necessary to present photographer
But show process of development
o Paraffin test no longer reliable
o Lie-detector is not reliable
o Demonstrative evidence
Maps, charts, graphs, sketches, etc.
o Demonstration
Documetary Evidence
o
Testimonial Evidence
28 February 2011
Documentary Evidence
Best Evidence Rule
When the subject of inquiry is the contents of a document,
the original thereof must be presented
What if you only want to establish the existence of a
document, do you have to present the original?
physical or mental
disability
or
condition
o Support persons
o Leading questions allowed
but only judge asks upon
notice to other party
o Live-link TV
o Facilitator
o Interpreter
Disqualification by reason of marriage
Covers any matter
During the marriage
Does not survive after termination
of the marriage
Not applicable in:
o Civil case by one against the
other
o Criminal case committed by
one against the other or the
latters direct descendants
or ascendants
Dead Mans Statute
Covers only a claim or demand
against the estate of a deceased
person or person of unsound mind
Does this cover documentary
evidence involving the deceased or
insane person?
o NO.
Disqualification by reason of privileged
communication
Marital communications
Atty-client
o In the course of or with a
view
to
professional
employment
Information
necessary to enable
him to act in that
capacity
And which would
blacken
the
reputation of the
patient
Priest-penitent
o In the course of the
discipline enjoined by the
church
to
which
the
minister or priest belongs
o It is not important that the
penitent belong to the same
religion (?)
Public officer
o Public officer in relation to
his public office
o Waivable?
This
should
be
determined by the
court
Executive Privilege
o Waivable by the president
Others
o Secrecy of bank deposits
o Trade secrets
o Who you voted for (unless
election dispute)
o Newsmans privilege
o Informant
Parental and filial privilege
o No
person
may
be
compelled to testify against
his parents, other direct
ascendants, children, or
other direct descendants
o Waivable? YES.
o
o
o
believing he was
about to die)
o Recipient of the declaration
must be competent to testify
Extends to civil cases as well
What if there is an ante-mortem
statement was made, can this be
presented as evidence?
o Yes, its a memorandum
(Rule 132 Sec. 16)
Opinion Rule
o Only an expert can give an opinion on matters within
his special skill, knowledge, experience, training
No requirement that the person must be
educated
2 kinds of experts:
Expert who has personal knowledge
of the facts
o Ex. medico-legal officer
Expert who has no personal
knowledge
o Facts were hypothetically
presented to him
o Can an ordinary witness give an opinion?
GR: NO.
EXC:
Character Evidence
o There is a distinction in criminal and civil cases in
the application of this rule
o In criminal cases
Only if there is a character trait in the
offense
charged
(ex.
violence
in
murder/homicide, honesty in theft/estafa,
sexual perversity of accused/chastity of
victim in rape
Offenses with no character traits those
covered by SPL (ex. BP22, illegal possession
of firearms, illegal possession of drugs)
The accused may prove his good moral
character which is pertinent to the moral
trait involved in the offense charged
Unless in rebuttal, the prosecution may not
prove the bad moral character of the accused
which is pertinent to the moral trait involved
in the offense charged
Rebuttal left to discretion of the
court
Good or bad moral character of the offended
party may be proved if it tends to establish
to any reasonable degree the probability or
improbability of the offense charged
o In civil cases
Admissible only when pertinent to the issue
of character involved in the case
Ex. issue of fraud, deceit
Estoppel in pais
Estoppel by deed
Deed here refers to a document
Very limited in application
Disputable presumptions
o Presumption of innocence
Applies only if you are an accused
o Presumption of regularity
Applies only when you are a public officer in
the performance of duty
o Filiation
What if born after 300 days?
See Rule 131 Sec. 4 no
presumption
o Absence
Republic v. Court of Appeals is the
determination of absence for purposes of
remarriage a special proceeding? NO.
It is covered by Summary
Proceedings in the Family Code
o Survivorship
Not for purposes of succession
Can be for insurance purposes, survivorship
agreements in bank accounts
o
o
GR: NO.
EXC: unless it be to the very fact at issue or
to a fact from which the fact in issue would
be presumed
Ex. filiation case Are you not a bastard?
Direct examination
o Examination-in-chief of a witness by the party
presenting him on facts relevant to the issue
o Present evidence-in-chief of the witness (not the
theory of your case; evidence-in-chief is what your
witness will testify on)
Cross-examination
o Functions:
To impeach
To elicit all important facts bearing upon the
issue
o Ways to impeach a witness
Prior inconsistent statement
Character is immaterial here
General reputation for truth, honesty, or
integrity is bad
Re-direct examination
o Party may be re-examined to allow him to explain or
supplement answers during cross
Re-cross
Leading questions
o Allowed in:
Cross
Preliminary matters
Child of tender years, ignorant/feebleminded witness, deaf-mute witness
Unwilling or hostile witness (Sec. 12)
Adverse party witness
Memorandum
o 2 kinds:
Past recollection recorded
Here, the memorandum itself will
be the evidence
o
o
Rule 74
Extrajudicial Settlement of Estate
Requisites:
o No will
o No debts
o If there are minors, they are duly represented by
guardians ad litem
This could be done through:
o Public document
o Affidavit of self-adjudication
Only one heir, adjudicate entire estate in
your name
o Stipulation in a pending action for judicial partition
(see Rule 69)
Publication is required
Do you need a bond?
o YES, only for personal property
Can you still contest the distribution of the estate if you are
an omitted heir?
o YES, within 2 years from distribution
Rule 75, 76, 77
Allowance (probate) is conclusive as to due execution
No will shall pass real or personal property unless proved
and allowed
Duty of a custodian of a will
o Within a period of 20 days from knowledge of death
of testator:
Bring it to court with jurisdiction, or
Bring it to executor named in will
Probate during lifetime of testator v. after death
Executors or administrators
Minor, non-resident, person unfit to execute duties of trust
by reason of drunkenness, etc., conviction of crime involving
moral turpitude cannot be executors or administrators
To whom letters of admin granted:
o Spouse or next of kin
o Principal creditors
o Persons court may select
Can petitions for admin be opposed? YES (Rule 79)
o Incompetency of person prayed for
o Contestants own right to be admin
o Competent person named in the opposition
Special Administrator
Rules 86, 87
Rule 86 claims against the estate
o Involves money judgment
o Court shall issue notice for all who have money
claims against the estate to file in the COC
o Period of not less than 6 mos. nor more than 12 mos.
from first date of publication of the notice
o All claims must be filed within the time limited,
otherwise barred forever
EXC: as counterclaim in any action that exec
or admin may bring
Rule 87 claims by or against exec or admin
o Any action involving recovery of property, damages
caused by deceased, all other claims that survive
o Where can you apply for recovery of properties
transferred in fraud of creditors?
Probate court
Trustees
Appointed to carry out provisions of will or written
instrument
In the probate court
Adoption
What actions can you take to validate a supposed adoption?
o Correction or cancellation of entry of live birth
Where to fie? Parties?
Venue is place where entry was
made or recorded
Only civil registrar should be
impleaded
o But a case said that the
parents, even child must be
impleaded if it would affect
hereditary rights; implead
all interested parties
Habeas Corpus
What could be raised?
o Is simple disappearance enough? NO.
This is not the basis of habeas corpus
Remedy here is a criminal action
o Arrest and detention is the basis for habeas corpus
Detention and arrest is deemed illegal and unlawful
You can also apply if there is no more ground for detention
Also in DNA evidence Rule, post-conviction testing
Where to file?
o In RTC, CA, SC
There is also a writ of habeas corpus on custody of minors
o Not a regular habeas corpus
o Here there is pre-trial
Writ of Amparo
Can be instituted in RTC, CA, SC
Can be filed any time of the day or night
Extends to threatened acts to life, liberty, and security
Not limited only to person of victim or his family;
institutions can apply for this
Writ of Habeas Data
To secure documents
Change of Name
Republic v. Bolante reasons for change of name
Family Home
You NO LONGER need a judicial declaration for this
Appeals in Special Proceedings
Is there an appeal? YES.
MEMORIZE RULE 109
Appointment of special admin CANNOT BE SUBJECT OF
APPEAL
Record on appeal is the proper mode in special proceedings
(30 days)