Rules followed by CA in review of a decision imposing penalty reclusion perpetua

In cases wherein the CA imposes a penalty of reclusion perpetua, or life imprisonment or a

lesser penalty, the judgment of the CA may be appealed to the SC by notice of appeal filed with
the CA. When CA imposes a penalty other than death, RP, life imprisonment, the review is by
petition for review on certiorari that raises only questions of law and should review errors of the
CA not of the lower courts

Evidence of guilt for granting bail

All persons shall, before conviction, be bailable.
This is the general rule which makes the right to bail a
constitutional right. Excepted from this general rule are
those who are charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong. The person
accused of such offense however, shall be entitled to
bail when evidence of guilt is not strong.

How presiding judge determines the guilt of the accused for purposes of bail
hearing is indispensable in determining the guilt of the accused for purposes of bail , bail
hearing is mandatory in order to give the prosecution reasonable opportunity to oppose the
application by proving that the evidence of guilt is strong

Grant of bail for offenses punishable with reclusion perpetua

All persons shall, before conviction, be bailable. This is the general rule which makes the right to
bail a constitutional right. Excepted from this general rule are those who are charged with
offenses punishable by reclusion perpetua when evidence of guilt is strong. The person
accused of such offense however, shall be entitled to
bail when evidence of guilt is not strong.

Where to appeal bail

Application for bail shall be made with any court in the province, city or municipality where the
person arrested is held. If the judge thereof is absent or unavailable, then the application may
be filed with and Regional Trial Court judge, Metropolitan Trial Court judge, Municipal Trial
Court judge, or Municipal Circuit Trial Court judge in the province, city, or municipality.
A motion for reconsideration may be made within the reglamentary period.

Requisites for Discharge of the accused as State witness:

1. When two or more accused are jointly charged for an offense, they shall be tried jointly,
unless the court upon motion of the prosecutor or any accused, orders a separate trial
for one or more of the accused
2. One or more of the accused tried jointly with the others, may however, be discharged
with their consent so that they may be witnesses for the state.
3. Require the prosecution to present evidence and the sworn statement of each proposed
state witness. The court shall conduct a hearing in support of the discharg
(a)There is absolute necessity for the testimony of the accu`sed whose
discharge is requested;
(b) That there is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony of the 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;

III. tolling running of prescription- filing of the complaint tools the running of prescription

Improvident plea of guilty

At any time before the judgment of conviction becomes final,
the court may permit an improvident plea of guilty to be withdrawn and
be substituted by a plea of not guilty; the plea of guilty is deemed made improvidently and
rendered inefficacious where the trial court failed in its duty to conduct the
prescribed "searching inquiry" into the voluntariness of the plea of guilty of the accused.

II. A. Berry Rule

A new trial may be granted if new evidence is discovered and is material that will change the
judgment rendered.

B. The newly discovered evidence will be considered if:

1. it is material to the case;
2. newly discovered evidence will change the judgment;
3. newly discovered evidence is one which will not be discovered in trial even with reasonable
diligence;

Judgment for trial in absentia

Approval of court of the pre-trial agreement condition sine qua non to be binding?
private prosecutor allowed to prosecute

Section 14 (2), Article 3 of the Constitution

provides that trial may proceed notwithstanding
the absence of the accused provided that he has
been duly notified and his failure to appear is
unjustifiable. (Parada v. Veneracion, A.M. No.RTJ-
96-1353. March 11, 1997)

Q: What are the requisites for trial in absentia?

A:
1. The accused has been arraigned;
2. He has been notified of the trial; and
3. His failure to appear is unjustified.
Motion to quash - prescription
Motion to quash may be filed before the accused enters his plea.

VI. Duplicity of offenses in information

In motion to quash, Failure of the accused to interpose an objection on the ground of duplicity of
the offense charged in the information constitutes waiver.

The information charging 2 counts of homicide is valid if the death of the two victims arose from
a single act or offense.

Remedies if judgment not favorable to the accused

File an appeal from the judgment or order of the RTC except when such appeal subjects the
accused to double jeopardy.

Denial of provisional dismissal- can be appealed?

Warrant of arrest

Revival of the case

New Trial - A new trial may be granted upon motion of the party provided the ff requisites
concur:

Errors of law are committed during the trial

irregularities prejudicial to the substantial rights of the accused
Material evidence have been newly discovered

On provisional dismissal:
The dismissal shall become permanent if:
(a) the case is not revived within one (1) year after the issuance of the
order of provisional dismissal with respect to offenses punishable by imprisonment
not exceeding six (6) years or a fine of any amount or both; or
(b) the case is not revived within two (2) years after the issuance of
the order of provisional dismissal with respect to offenses punishable

16 Reinvestigation - when granted (SOJ level)

If a motion for recon- sideration/reinvestigation has
been filed within fifteen (15) days from receipt of the assailed resolution, the
appeal shall be taken within fifteen (15) days from receipt of the denial of the
motion for reconsideration/reinvestigation

When judgment of conviction becomes final

Judgment becomes final (1)after the lapse of the period for the perfection of an appeal, (b)when
the sentence has been partially or completely served, (3) accused waived in writing his right to
appeal, (4) has applied for probation

Conviction in second level - remedies

A notice of appeal may be filed in the SC or a petition for review on certiorari

Failure of witness to appear in pre-trial - ground for dismissal? NO. The rules do not
require the present of the witness to appear during pre-trial. During pre-trial plea bargaining,
marking of evidences, and waiver of objections of admissibility shall be considered which does
not require the presence of the witnesses.

Who are considered as members of the family? - fiance? YES

VII. Motion to postpone proceedings on basis of prejudicial qs when proper

A petition for the suspension of the criminal action based upon the
pendency of a prejudicial question in a civil action may be filed
"Sec. 7. Elements of a 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"

Cases no need for PI - For crimes not punishable by a penalty of imprisonment not exceeding
4 years 2 mos and 1 day, no preliminary investigation is required, the complaint may be filed
directly to the prosecutor or Municipal Courts

Procedure for apprehending officer

serve warrant within 10 days
When making an arrest by virtue of a warrant, the officer shall (a)
inform the person to be arrested of the cause of his arrest, and (b) inform him
of the fact that a warrant has been issued for his arrest.
The information need not be made when the person to be arrested (a) flees, (b) forcibly resists,
or(c) the giving of the information will imperil the arrest
deliver the accused to the nearest police station wo unnecessary delay
Wo unnecessary violence committed

Effects of discharge on the accused- The discharge of the accused for violation of his right to
speedy trial is equivalent to acquittal and double jeopardy may attach.

Reqs Double jeopardy -

(a) first jeopardy must have attached prior to the second;
 -valid indictment
-in court of jurisdiction
-after arraignment
-after plea is entered
-accused dismissed without his express consent

(b) the first jeopardy must have been validly terminated; and
(c) the second jeopardy must be for the same offense or the second offense
includes or is necessarily included in the offense charged in the first information, or is an
attempt to commit the same or a frustration thereof

Demurrer to evidence - proper in certiorari?

When filing petition for certiorari is proper? Yes. Filing petition for certiorari is proper when
the case is dismissed by the grant of demurrer to evidence if the order is issued with grave
abuse of discretion amounting to lack of jurisdiction

Inconsistency in body and title in information - what prevails

The body of the information shall prevail;
Variance doctrine - if there is a variance between the crime charged in the information and the
offense proved, the accused can be convicted for the crime proved whose essential ingredients
in the crime charged is included in the crime proved

Purpose of preliminary investigation - to determine whether: (1) a crime has been committed,
serrve(2) whether their is reasonable ground to believe than an accused is probably guilty of the
crime charged against him

PI a judicial proceeding? No. PI is inquisitorial in nature. It does not partake the nature of
judicial proceedings. The prosecutor merely gathers evidence without cross-examination and
without convicting or acquitting the accused.

When PI necessary? Warrantless arrest - not necessary, inquest proceedings conducted in

lieu of PI

Extinction of crim liab extinguishes civil liab?

If the acquittal of the accused in a criminal case is based on reasonable doubt, the liability as to
the civil aspect is not extinguished.

Cases when liability is not extinguished by death

Civil liability shall not be extinguished if the acquittal of the accused is based on the following
grounds:
1. reasonable doubt;
2. exempting circumstances;
3. civil liability arising from law, contracts, quasi-contracts and delict
V. Formal amendment or substantial -change in date
The amendment of the date in the information is considered substantial when the date of the
execution is an essential of the crime.