Crim Proc Summary

ORDER OF TRIAL
Category: Criminal Procedure
WHAT IS THE ORDER OF TRIAL?

1. The prosecution shall present evidence to prove the charge and, in the proper case,
the civil liability.
2. The accused may present evidence to prove his defense and damages, if any,
arising, from the issuance of a provisional remedy in the case.
3. The prosecution and the defense may, in that order, present rebuttal and sur-
rebuttal evidence unless the court, in furtherance of justice, permits them to present
additional evidence bearing
upon the main issue.
4. Upon admission of evidence of the parties, the case shall be deemed submitted
for decision unless the court directs them to argue orally or to submit written
memoranda.
5. When the accused admits the act or omission charged in the complaint or
information but interposes a lawful defense, the order of trial may be modified.
WHY DOES THE TRIAL BEGIN WITH THE

PROSECUTION?
 Prosecution begins because it has the burden of proving the guilt of the accused
relying on the strength of its own evidence and not on the weakness of the defense
WHAT IF THERE IS NOT ENOUGH EVIDENCE

TO PROVE GUILT BEYOND REASONABLE DOUBT?
 If there is not enough evidence to prove the accused’s guilt beyond reasonable
doubt, then the defense should file a demurrer to evidence. The accused need not
present evidence on his
behalf.
 Unless there is a reverse trial, there is no need to prove the commission of the
offense because the crime is admitted
Sec. 11. Order of trial. – The trial shall proceed in the following order:
(a) The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability.
(b) The accused may present evidence to prove his defense and damages,
if any, arising, from the issuance of a provisional remedy in the case.
(c) The prosecution and the defense may, in that order, present rebuttal
and sur-rebuttal evidence unless the court, in furtherance of justice, permits
them to present additional evidence bearing
upon the main issue.
(d) Upon admission of evidence of the parties, the case shall be deemed
submitted for decision unless the court directs them to argue orally or to
submit written memoranda.
(e) When the accused admits the act or omission charged in the complaint
or information but interposes a lawful defense, the order of trial may be
modified.
DISTINCTION BETWEEN
AFFIRMATIVE AND
NEGATIVE DEFENSE
NEGATIVE DEFENSE
Requires the prosecution to prove the guilt of the accused beyond reasonable doubt
Accused claims that one of the elements of the offense charged is not
present.It is incumbent upon the prosecution to prove the existence of this
element.
AFFIRMATIVE DEFENSE
The accused admits the act or omission but interposes a defense, which if
proven, would exculpate him
APPLICATION FOR
EXAMINATION OF
WITNESS FOR ACCUSED
BEFORE TRIAL
Sec. 12. Application for examination of witness for accused before trial. – When the
accused has been held to answer for an offense, he may, upon motion with notice to
the other parties, have
witnesses conditionally examined in his behalf. The motion shall state: (a) the name
and residence of the witness; (b) the substance of his testimony; and (c) that the
witness is sick or infirm as to
afford reasonable ground for believing that he will not be able to attend the trial, or
resides more than one hundred (100) kilometers from the place of trial and has no
means to attend the same, or
that other similar circumstances exist that would make him unavailable or prevent
him from attending the trial. The motion shall be supported by an affidavit of the
accused and such other
evidence as the court may require.
EXAMINATION OF
DEFENSE WITNESS; HOW
MADE.
Sec. 13. Examination of defense witness; how made. – If the court is satisfied
that the examination of a witness for the accused is necessary, an order
shall be made directing that the witness be examined at a specific date,
time and place and that a copy of the order be served on the prosecutor at
least three (3) days before the scheduled examination. The examination shall
be taken before a judge, or, if not practicable, a member of the Bar in
good standing so designated by the judge in the order, or if the order be made
by a court of superior jurisdiction, before an inferior court to be designated
therein. The examination shall proceed notwithstanding the absence
of the prosecutor provided he was duly notified of the hearing. A written
record of the testimony shall be taken.
BAIL TO SECURE
APPEARANCE OF
MATERIAL WITNESS
Sec. 14. Bail to secure appearance of material witness. – When the court is satisfied, upon
proof of oath, that a material witness will not testify when required, it may, upon
motion of either party,
order the witness to post bail in such sum as may be deemed proper. Upon
refusal to post bail, the court shall commit him to prison until he complies or is legally
discharged after his testimony has been taken.
EXAMINATION OF
WITNESS FOR THE
PROSECUTION
Examination Of Witness For The

Prosecution
Sec. 15. Examination of witness for the prosecution.– When it is
satisfactorily appears that a witness for the prosecution is too sick or infirm to
appear at the trial as directed by the court, of has to leave the Philippines
with no definite date of returning, he may forthwith be conditionally
examined before the court where the case is pending. Such examination, in
the presence of the accused, or in his absence after reasonable notice to attend
the examination has been served on him, shall be conducted in the same manner
as an examination at the trial. Failure or refusal of the accused to attend
the examination at the trial. Failure or refusal of the accused to attend the
examination after notice shall be considered a waiver. The statement taken
may be admitted in behalf of or against the accused.
WHO MAY EXAMINE A

DEFENSE WITNESS? A
PROSECUTION WITNESS?
WHO MAY EXAMINE A DEFENSE WITNESS?

> A defense witness may be examined by any judge, or by any
member of the bar in good standing designated by the judge, or before an
inferior court
WHO MAY EXAMINE A PROSECUTION WITNESS?

> On the other hand, a prosecution witness may only be examined before
the judge of the court where the case is pending
ARE MODES OF
DISCOVERY AVAILABLE IN
CRIMINAL CASES?
Modes of discovery such as the taking of deposition, may be allowed in criminal cases,
but it is subject to the sound discretion of the court
WHY ARE MODES OF DISCOVERY

ALLOWED?
 The purpose is not to frustrate the ends of justice
 Purpose also is to obviate proceedings
 A party may have a witness for his behalf but due to reasonable circumstances, the
witness essential to his case would be unavailable and will not be able to attend
REMEDY OF A PARTY IN
CASE OF AN
UNAVAILABILITY OF A
WITNESS
WHAT IS THE REMEDY OF A PARTY IN

CASE OF AN UNAVAILABILITY OF A
WITNESS?
 The party can avail of the modes of discovery, particularly deposition—in the
manner of questions and answers to be answered by the witness
 The examination shall be CONDITIONAL
WHO WILL CONDUCT THE DEPOSITION?

 It depends if it’s a witness for the prosecution or defense
 If the witness is for the defense, the deposition can by done by the judge, if
impracticable, by a member of the bar in good standing designated, or by an inferior
court
 If the witness is for the prosecution, the deposition can only be done by the
judge
TRIAL OF SEVERAL
ACCUSED
Sec. 16. Trial of several accused. – When two or more accused are jointly
charged with an offense, they shall be tried jointly unless the court, in
its discretion and upon motion of the prosecutor or any accused, orders
separate trial for one or more accused.
IF THERE ARE 2 OR MORE ACCUSED,

SHOULD THEY BE TRIED JOINTLY OR
SEPARATELY?
 As a general rule, when 2 or more accused are jointly charged with an offense,
they should be tried jointly
 However, the court in its discretion and upon motion of the prosecutor or any
accused, may order separate trial for one of the accused
WHAT HAPPENS TO THE EVIDENCE

PRESENTED IN THE TRIAL OF THE OTHER
ACCUSED IF A SEPARATE TRIAL IS GRANTED?
 When a separate trial is demanded and granted, it is the duty of the prosecution to
repeat and produce all its evidence at each and every trial, unless it has been agreed
by the parties that the
evidence for the prosecution wouldn’t have to be repeated at the second trial and all
the accused had been present during the presentation of the evidence of the
prosecution and their attorney
had the opportunity to cross-examine the witnesses for the prosecution
X IS A PUBLIC OFFICER. HE WAS CHARGED WITH

MALVERSATION OF PUBLIC FUNDS IN
CONSPIRACY WITH Y, A CIVILIAN. SHOULD THEY
BOTH BE TRIED IN SANDIGANBAYAN?
 Yes
 In case private individuals are charged as co-principals, accomplices, or

accessories with public officers, they shall be tried jointly with said public officers in
the proper courts which shall
exercise exclusive jurisdiction over them.
WHAT IS A STATE
WITNESS?
A state witness is one of two or more persons jointly charged with the commission of a
crime but who is discharged with his consent as such accused so that he may be a witness
for the State
WHEN SHOULD THE

APPLICATION FOR
DISCHARGE OF THE STATE
WITNESS BE MADE?
It should be made upon motion of the
prosecution before resting its case
PROCEDURE FOR
DISCHARGING A PERSON
AS A STATE WITNESS
WHAT IS THE PROCEDURE FOR

DISCHARGING A PERSON AS A STATE
WITNESS?
1. Before resting its case, the prosecution
should file a motion to discharge the accused
as a state witness with his consent
2. The court will require the prosecution to
present evidence and the sworn statement of
the proposed state witness at a hearing in
order to support the discharge
3. The court will determine if the
requisites of giving the discharge are
present. Evidence adduced in support of the
discharged shall automatically form part of the
trial
4. If the court is satisfied, it will discharge
the state witness. The discharge is
equivalent to an acquittal, unless the
witness later fails or refuses to testify
5. The court denies the motion for
discharge, his sworn statement shall be
inadmissible as evidence
CONDITIONS / REQUISITES
IN ORDER FOR A PERSON
TO BE DISCHARGED AS A
STATE WITNESS
WHAT ARE THE REQUISITES IN ORDER

FOR A PERSON TO BE DISCHARGED AS
A STATE WITNESS?
1. The discharge must be WITH THE CONSENT OF THE ACCUSED sought to be a
state witness
2. There is ABSOLUTE NECESSITY for the testimony of the accused whose discharge is
requested;
3. There is NO OTHER DIRECT EVIDENCE AVAILABLE for the proper prosecution of the
offense committed, except the testimony of said accused;
4. The testimony of said accused can be SUBSTANTIALLY CORROBORATED in its

material points;
5. Said accused DOES NOT APPEAR TO BE THE MOST GUILTY; and
6. Said accused has not at any time been convicted of any offense involving
MORAL TURPITUDE.
CAN THE COURT GRANT THE DISCHARGE BEFORE

THE PROSECUTION HAS FINISHED PRESENTING
ALL ITS EVIDENCE?
 No. As a general rule, the court should resolve any motion to discharge only
AFTER the prosecution has presented all of its evidence since it is at this time when
the court shall determine the
presence of the requisites above
 In some cases, HOWEVER, the SC held that the prosecution is not required to present
all of its other evidence before an accused is discharged. The accused may be
discharged at any time before
the defendants have entered upon their defense.
IS A HEARING OF THE MOTION TO DISCHARGE

MANDATORY?
 So long as the motion is able to receive evidence for and against the discharge of an
accused to become a state witness, its subsequent order granting or denying the
motion for discharge is
in order notwithstanding the lack of actual hearing on the motion
WHAT IS THE MEANING WHEN THE

TESTIMONY OF THE ACCUSED CAN BE
SUBSTANTIALLY CORROBORATED IN ITS
MATERIAL POINTS?
 There is presence of indirect testimony or evidence that could corroborate with
the truthfulness of the testimony of the accused
WHAT HAPPENS IF THERE IS LACK OF

REQUISITES PRESENT IN THE MOTION FOR THE
DISCHARGE OF THE ACCUSED?
 There is no need to allege all the requisites in the motion. What is required is that
the court is satisfied that the requisites are present for the discharge.
 The evidence for the discharge may be presented during the hearing on the
motion
WHAT IS THE MEANING OF ABSOLUTE
NECESSITY OF THE TESTIMONY OF THE
PROPOSED STATE WITNESS?
 It means that there is no other evidence to establish the offense other than the
testimony of the accused
 For example, where an offense is committed in conspiracy and clandestinely,

the discharge of one of the conspirators is necessary in order to provide direct
evidence of the commission of
the crime
 No one else other than one of the conspirators can testify on what happened among
them
DOES ABSOLUTE NECESSITY MEAN THAT

TESTIMONY WOULD RESULT IN ABSOLUTE
CERTAINTY OF CONVICTION?
 No
CAN THERE BE MORE THAN ONE

ACCUSED WHO CAN BE DISCHARGED?
 Yes
WHAT IS THE REMEDY OF THE PROSECUTION

IF THE COURT DENIES THE MOTION OF THE
PROSECUTION?
 The State can file a petition for certiorari
THE ACCUSED PLEADED GUILTY TO THE CRIME

CHARGED AND/OR ALREADY TESTIFIED AS
AN ACCUSED, CAN HE STILL BE
DISCHARGED?
 Yes
CAN A CO-CONSPIRATOR BE DISCHARGED AS A

STATE WITNESS?
 RULE—a co-conspirator cannot be discharged as a state witness
against a co-conspirator
 EXCEPTION—if the crime was committed clandestinely and there

is no way to prove the crime
WHAT IS AN IRREGULAR DISCHARGE?

 Irregular discharge is a discharge where one or all of the
conditions required for discharge didn’t really exist
IF THE STATE WITNESS REFUSES TO TESTIFY,

WILL HIS SWORN STATEMENT BE ADMISSIBLE
AGAINST HIM?
 No, his sworn statement will not be admissible against him
 Otherwise, it violates his right against self-incrimination
DISCHARGE OF ACCUSED
OPERATES AS ACQUITTAL;
EFFECTS
Sec. 18. Discharge of accused operates as acquittal. – The order indicated
in the preceding section shall amount to an acquittal of the discharged
accused and shall be a bar to future prosecution for the same offense, unless
the accused fails or refuses to testify against his co-accused in
accordance with his sworn statement constituting the basis for his discharge.
WHAT ARE THE EFFECTS OF THE DISCHARGE?

1. Evidence in support of the discharge forms part of the trial. But if the court denies
the motion to discharge, his sworn statement shall be inadmissible as evidence
2. Discharge of the accused operates as an ACQUITTAL and bar to further

prosecution for the same offense, except if he fails or refuses to testify against his
co-accused in accordance with his
sworn statement constituting the basis of the discharge. In this case, he can be
prosecuted again and his admission can be used against him.
WHAT DOES IT MEAN WHEN HE FAILS OR

REFUSES TO TESTIFY IN ACCORDANCE WITH HIS
SWORN STATEMENT?
 It means that the accused makes substantial changes in his testimony that
would naturally affect the proceedings and would be prejudicial to the prosecution of
the offense charged
WHAT IF IN THE SWORN STATEMENT OF X, HE

MENTIONED ONLY THAT 3 OF HIS
COMPANIONS WERE IN CONSPIRACY WITH
EACH OTHER. DURING HIS TESTIMONY, HE
TESTIFIED THAT ALL 10 OF HIS COMPANIONS
WERE IN CONSPIRACY. IS THIS PROPER?
 Yes
 This doesn’t fall within the ambits of “refusing to testify in accordance with his
sworn statement”
 It will be proper as long as it will help further the prosecution in prosecuting the
offense charged against the accused
WHAT HAPPENS IF THE COURT IMPROPERLY
OR ERRONEOUSLY DISCHARGES AN ACCUSED
AS STATE WITNESS, AS WHEN FOR EXAMPLE,
THE ACCUSED HAS BEEN CONVICTED OF A
CRIME INVOLVING MORAL TURPITUDE?
 The improper discharge will not render inadmissible his testimony nor detract from his
competency as a witness
 Neither will it invalidate his acquittal because the acquittal becomes ineffective
only if he fails or refuses to testify
WHAT IF AFTER AN ACCUSED HAS BEEN

DISCHARGED TO BECOME A STATE WITNESS, IT
WAS FOUND OUT DURING THE TRIAL THAT THE
FACTS HE ATTESTED TO IN HIS SWORN
STATEMENT WERE ALL LIES? DOES THE COURT
HAVE ANY RECOURSE IF THERE WAS A
WRONGFUL DISCHARGE?
 The discharge of the accused wouldn’t be affected. His discharge would still amount
to an acquittal and is a bar for further prosecution for the same offense. First, the
grounds mentioned in
the rule as exceptions to the general rule are exclusive in character. The discharge
will not be a bar to further prosecution and not amount to acquittal is when the accused
refuses or fails to testify in accordance with his sworn statement. Second, what the rules
require is ABSOLUTE NECESSITY and not ABSOLUTE CERTAINTY. Third, what
transpired was an error of judgment on the part of the court.
 If the court has a recourse, it would be to detain the discharged accused, following
Section 19 of this Rule, and file a case against him but not for the same offense but for
perjury
WHAT HAPPENS WHEN THE ORIGINAL

INFORMATION UNDER WHICH AN ACCUSED WAS
DISCHARGED IS LATER AMENDED?
 A discharge under the original information is just as binding upon the subsequent
amended information, since the amended information is just a continuation of the
original
MUST THE ACCUSED TO BE DISCHARGED

FIRST BE CHARGED IN THE COMPLAINT OR
INFORMATION?
 No.
 Note: the filing of the motion in court gives the court jurisdiction over the persons
CAN THE OTHER CONSPIRATORS BE SOLELY

CONVICTED ON THE BASIS OF THE DISCHARGED
STATE WITNESS?
 No, there must be other evidence to support his testimony
 The testimony of a state witness comes from a polluted source and must be
received with caution
 It should be substantially corroborated in its material points
 As an exception however, the testimony of a co-conspirator, even if uncorroborated,

will be considered sufficient if given in a straightforward manner and it contains details
which couldn’t have
been a result of deliberate afterthought.
MISTAKE MADE IN
CHARGING THE PROPER
OFFENSE
Sec. 19. When mistake has been made in charging the proper offense. –
When it becomes manifest at any time before judgment that a mistake has been
made in charging the proper offense and the accused cannot be convicted of
the offense charged or any other offense necessarily included therein, the
accused shall not be discharged if there appears good cause to detain him. In
such case, the court shall commit the accused to answer for the proper
offense and dismiss the original case upon the filing of the proper information.
WHAT IF THERE WAS A MISTAKE MADE IN

CHARGING THE PROPER OFFENSE?
 When it becomes manifest at any time before judgment that a mistake has
been made in charging the proper offense and the accused cannot be convicted of the
offense charged or any other
offense necessarily included therein, the accused shall not be discharged if there
appears good cause to detain him
 The accused shall not be discharged if there appears good cause to detain him
 In such case, the court shall commit the accused to answer for the proper offense and
dismiss the original case upon the filing of the proper information.
HOW IS CRIMINAL
LIABILITY EXTINGUISHED?
HOW IS CRIMINAL LIABILITY

EXTINGUISHED?
> Under Article 89 of the RPC, criminal liability is extinguished by
1. The death of the convict
2. Service of sentence
3. Amnesty
4. Absolute pardon
5. Prescription of the crime
6. Prescription of the penalty
7. Marriage by the offended woman as provided in Article 344 of the RPC
X AND Y WERE CHARGED WITH ADULTERY.

WHILE THE CASE IS BEING TRIED, X DIED.
WHAT HAPPENS TO THE CRIMINAL LIABILITY
OF Y?
> The criminal liability of X is extinguished.
> The criminal liability of Y subsists
> The death of one of several accused will not be a cause for dismissal of the
criminal action as against the other accused
WHAT IS THE EFFECT OF THE DEATH OF THE

OFFENDED PARTY ON THE CRIMINAL LIABILITY
OF THE ACCUSED?
> Where the offense charged in a criminal complaint or information is one against the
state, involving peace and order, the death of the offended party before final conviction of
the defendant will not abate the prosecution.
> Neither does the death of the offended party in private crimes abate the
prosecution.
WHAT ARE THE MEANS BY WHICH

CRIMINAL LIABILITY IS PARTIALLY
EXTINGUISHED?
> Criminal liability is partially extinguished by any of the following
o Conditional pardon
o Commutation of sentence
o For good conduct, allowances which the culprit may earn while he is serving his
sentence

DISTINCTIONS BETWEEN
PARDON AND AMNESTY
Distinction Pardon
Amnesty
As to type of offense Infractions of the peace or private crimes
Public crimes
Grantee An individual Classes of persons
As to the need of Not necessary Necessary

Congress’ concurrence
Act of grantee Distinct acts of The grantee need

not
acceptance by the accept
grantee is needed
As to judicial notice Courts don’t take Courts take judicial

judicial notice because notice because it is a
it is a private act of the public act
president. Therefore,
the fact of being
granted pardon must
be proved in court.
As to effect Relieves the offender Abolishes the

offense
from the consequences
of the offense
When it may be Only after conviction Before or after

conviction
granted by final judgment
WHAT IS THE EFFECT OF
PARDON BY THE
OFFENDED PARTY UPON
CRIMINAL LIABILITY?
WHAT IS THE EFFECT OF PARDON BY THE

OFFENDED PARTY UPON CRIMINAL
LIABILITY?
> As a general rule, pardon by the offended party doesn’t extinguish criminal liability
> Only civil liability is extinguished by express waiver of the offended party—
THERE IS NO EXTINCTION OF CRIMINAL LIABILITY SINCE IN CRIMES,
THERE ARE TWO OFFENDED
PARTIES
> However, pardon granted before the institution of the criminal proceedings in
cases of adultery, concubinage, seduction, abduction, and acts of lasciviousness
shall extinguish criminal liability
WHY IS THERE NO EXTINCTION OF CRIMINAL

LIABILITY?
> Remember that in a criminal case, there are two offended parties. The pardon given
by the offended party would relate only to the civil liability and not the criminal aspect.
EFFECT OF MARRIAGE OF
THE OFFENDER WITH THE
OFFENDED PARTY IN
PRIVATE CRIMES
WHAT IS THE EFFECT OF MARRIAGE OF

THE OFFENDER WITH THE OFFENDED
PARTY IN PRIVATE CRIMES?
> It shall extinguish the criminal action or remit the penalty already imposed—this
implies to co-principals, accomplices, and accessories
> However, where multiple rape is committed, marriage of the offended party
with one defendant extinguishes the latter’s liability and that of his accessories or
accomplices for a single
crime of rape cannot extend to the other acts of rape
IF THE OFFENDED IN RAPE IS THE LEGAL HUSBAND OF THE

OFFENDED PARTY, HOW CAN THE HUSBAND’S CRIMINAL LIABLITY BE
EXTINGUISHED?
> The subsequent forgiveness by the wife shall extinguish the criminal action or the
penalty
> But the penalty shall not be abated if the marriage is void ab initio
WHY IS PRESCRIPTION A
GROUND FOR A MOTION
TO QUASH?
WHY IS PRESCRIPTION A GROUND FOR A

MOTION TO QUASH?
> This is meant to exhort the prosecution not to delay; otherwise,
they will lose the right to prosecute
> It is also meant to secure the best evidence that can be obtained
PRESCRIPTIVE PERIODS
OF CRIMES
Prescriptive Periods of Crimes
The prescription of crimes depends on what penalty is imposed unless it provides for a
specific penalty. The following are the prescriptive periods:
1. Those punishable by death, reclusion perpetua, reclusion temporal - 20

years
2. Those punishable by other afflictive penalties -10 years

3. Those punishable by a correctional penalty shall prescribe in ten years;
with the exception of those punishable by arresto mayor, which shall
prescribe in five years.
4. Those punishable by arresto mayor - 5 years
5. Libel or other similar offenses - 1 year
5. Oral defamation or slander by deed - 6 months
6. Light offenses - 2 months
The period of prescription shall commence to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall be interrupted
by the filing of the complaint or information (Article 91, Revised Penal Code).
On the other hand, the prescriptive periods for violations penalized by special laws and
ordinances are found in Section 1 of Act 3326, to wit:
SECTION 1. Violations penalized by special acts shall, unless otherwise provided in such
acts, prescribe in accordance with the following rules: (a) after a year for offenses punished
only by a fine or by imprisonment for not more than one month, or both; (b) after four
years for those punished by imprisonment for more than one month, but less than two
years; (c) after eight years for those punished by imprisonment for two years or more, but
less than six years; and (d) after twelve years for any other offense punished by
imprisonment for six years or more, except the crime of treason, which shall prescribe after
twenty years. Violations penalized by municipal ordinances shall prescribe after two
months.
The period shall begin to run from the day of the commission of the violation of the law,
and if the same be not known at the time, from the discovery thereof and the institution of
judicial proceeding for its investigation and punishment (Section 2, Act 3326).
FOR CRIMINAL OFFENSES,
WHEN DOES THE PERIOD
FOR PRESCRIPTION
COMMENCE?
FOR CRIMINAL OFFENSES, WHEN DOES

THE PERIOD FOR PRESCRIPTION
COMMENCE?
The period of prescription with respect to criminal offenses or run from the day on which
the crime is discovered by the offended parties, the authorities, or their agents
CAN THE ACCUSED STILL

RAISE PRESCRIPTION AS
A DEFENSE EVEN AFTER
CONVICTION?
CAN THE ACCUSED STILL RAISE

PRESCRIPTION AS A DEFENSE EVEN
AFTER CONVICTION?
> The accused can still raise prescription as a defense even after
conviction
> The defense cannot be waived
> This is because the criminal action is totally extinguished by the

expiration of the prescriptive period
> The state thereby loses or waives the right to prosecute and
punish it
WHAT IS THE PROPER

ACTION OF THE COURT
WHEN THE ACCUSED
RAISES THE DEFENSE OF
PRESCRIPTION?
WHAT IS THE PROPER ACTION OF THE

COURT WHEN THE ACCUSED RAISES THE
DEFENSE OF PRESCRIPTION?
> The proper action for the court is to exercise
its jurisdiction and to decide the case upon
the merits, holding the action to have
prescribed and absolving the defendant
> The court should not inhibit itself
because it doesn’t lose jurisdiction over the
subject matter or the person of the accused by
prescription

EFFECT OF PRESCRIPTION
OF THE OFFENSE ON THE
CIVIL LIABILITY OF
ACCUSED
WHAT IS THE EFFECT OF PRESCRIPTION

OF THE OFFENSE ON THE CIVIL LIABILITY
OF ACCUSED?
> The extinction of the criminal action doesn’t carry with it the extinction of the
civil action to enforce civil liability arising from the offense charged, unless the
extinction proceeds from a declaration in a final judgment that the fact from which the
civil liability might arise didn’t exist
WHEN IS IT POSSIBLE FOR THE PRIVATE

OFFENDED PARTY BE NOT ABLE TO RECOVER
FROM CIVIL LIABILITY?
> When the civil action has prescribed
> Quasi-delicts: 4 years
> Obligation from law: 10 years
AMENDMENT OF
COMPLAINT OR
INFORMATION
Amendment of Complaint or Information

Sec. 4. Amendment of complaint or information. – If the motion to quash is based
on an alleged defect of the complaint or information which can be cured by
amendment, the court shall order that an amendment be made.
If it is based on the ground that the facts charged do not constitute

an offense, the prosecution shall be given by the court an opportunity to
correct the defect by amendment. The motion shall be granted if the
prosecution fails to make the amendment, or the complaint or information
still suffers from the same defect despite the amendment.
WHAT SHOULD THE COURT DO IF THE ACCUSED

MOVES TO QUASH THE COMPLAINT OR
INFORMATION ON GROUNDS THAT CAN BE
CURED BY AMENDMENT?
> The court should order that the amendment be made
WHAT SHOULD THE COURT DO IF THE ACCUSED

MOVES TO QUASH ON THE GROUND THAT THE
FACTS CHARGED DON’T CONSTITUTE AN
OFFENSE?
> The court should give the prosecution the opportunity to correct the defect by
amendment
> If the prosecution fails to make the amendment, or if, after it makes the
amendment, the complaint or information still suffers from the same defect, the
court should grant or sustain the
motion to quash
SUSTAINING AND DENIAL
OF THE MOTION TO
QUASH
Sustaining and Denial of the Motion to

Quash
Sec. 5. Effect of sustaining the motion to quash. – If the motion to quash is sustained, the
court may order that another complaint or information be filed except as provided in
section 6 of this rule. If the order is made, the accused, if in custody, shall not be
discharged unless admitted to bail. If no order is made or if having been made, no new
information is filed within the time specified in the order or within such further time as
the court may allow for good cause, the accused, if in custody, shall be discharged
unless he is also in custody of another charge.
Sec. 6. Order sustaining the motion to quash not a bar to another prosecution; exception. –
An order sustaining the motion to quash is not a bar to another prosecution for the same
offense unless the motion was based on the grounds specified in section 3 (g) and (i) of this
Rule.
WHAT IS THE EFFECT IF A MOTION TO QUASH IS

SUSTAINED?
> The court may order that another complaint or information be filed against the
accused for the same offense except if the ground for sustaining the motion to quash is
either the extinguishment of the
criminal liability or double jeopardy.
> The grant of motion to quash on these 2 grounds is a bar to another
prosecution for the same offense. If the order is made, the accused, if in custody, shall not
be discharged unless admitted
to bail. If no order is made, or if no new information was filed within the time
specified by the court, the accused, shall be discharged
IF THE MOTION TO QUASH IS DENIED, CAN THE
ACCUSED APPEAL THE ORDER?
> The accused cannot appeal an order overruling his motion to quash because
an order denying a motion to quash is interlocutory
> It doesn’t dispose of the case upon its merits
WHAT DOES INTERLOCUTORY MEAN?

> Case has not been dispensed with , an internal order.
WHAT IS THE REMEDY OF THE ACCUSED IF THE

COURT DENIED HIS MOTION TO QUASH?
1. Accused should plead
2. Proceed to trial without prejudice to present the special defenses he invoked in his
motion
3. If after trial on the merits an adverse decision is rendered, he can appeal from the
judgment of conviction, and interpose the denial of the motion as an error
DEFINITION OF DOUBLE
JEOPARDY
Definition Of Double Jeopardy

Sec. 7. Former conviction or acquittal; double jeopardy. – When an accused has
been convicted or acquitted, or the case against him dismissed or otherwise
terminated without his express consent by a court of competent jurisdiction,
upon a valid complaint or information or other formal charge sufficient in form
and substance to sustain a conviction and after the accused had pleaded
to the charge, the conviction or acquittal of the accused or the dismissal of the
case shall be a bar to another prosecution for the offense charged, or for
any attempt to commit the same or frustration thereof, or for any offense
which necessarily includes or is necessarily included in the offense charged in
the former complaint or information.
However, the conviction of the accused shall not be a bar to another

prosecution for an offense which necessarily includes the offense charged in
the former complaint or information under any of the following instances:
(a) the graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge;
(b) the facts constituting the graver charge became known or were discovered
only after a plea was entered in the former complaint or information; or
(c) the plea of guilty to the lesser offense was made without the consent
of the prosecutor and of the offended party except as provided in section
1(f) of Rule 116.
In any of the foregoing cases, where the accused satisfies or serves in

whole or in part the judgment, he shall be credited with the same in the event of
conviction for the graver offense.
WHAT IS JEOPARDY AND WHAT IS THE

RULE ON DOUBLE JEOPARDY?
> Jeopardy is the peril in which a person is placed when he is regularly
charged with a crime before a tribunal properly organized and competent to try
him
> The rule on double jeopardy means that when a person is charged with an offense and
the case is terminate either by conviction or acquittal, or in any other manner without
the consent of the
accused, the latter cannot again be charged with the same or identical offense
WHAT ARE THE 2 KINDS OF JEOPARDY?

1. That no person shall be put twice in jeopardy for the same offense
2. If an act is punished by a law and an ordinance, conviction or acquittal under
either shall constitute a bar to another prosecution for the same act
WHAT ARE THE REQUISITES FOR THE

ACCUSED TO RAISE THE DEFENSE OF DOUBLE
JEOPARDY?
1. A first jeopardy must have validly attached prior to the second
2. The first jeopardy must have been validly terminated
3. 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 offense or a
frustration thereof
WHAT ARE THE REQUISITES FOR THE

FIRST JEOPARDY TO ATTACH?
1. There is a valid complaint or information
2. Court of competent jurisdiction
3. Arraignment
4. Plea
5. The defendant is acquitted, convicted, or the case was dismissed or terminated
without his express consent
N.B: The judgment should not only be final and executory but also be promulgated
before there could be a valid jeopardy.
IS THERE AN EXCEPTION TO THE FOREGOING

RULE?
> There are two exceptions to the foregoing rule, and double jeopardy may attach
even if the dismissal of the case was with the consent of the accused—
1. If there is insufficiency of evidence to support the charge against him, and
2. Where there has been an unreasonable delay in the proceedings, in violation of
the accused’s right to speedy trial
A CRIME WAS COMMITTED IN MAKATI. THE
CASE WAS FILED IN PASAY. WHEN THE
PROSECUTION REALIZED THAT THE
COMPLAINT SHOULD HAVE BEEN FILED IN
MAKATI, IT FILED THE CASE IN MAKATI. CAN
THE ACCUSED INVOKE DOUBLE JEOPARDY?
> No, the court in Pasay has no jurisdiction, therefore, the accused was in no danger of
being placed in jeopardy
> The first jeopardy didn’t validly attach
FOR PURPOSES OF DOUBLE JEOPARDY, WHEN IS

A COMPLAINT OR INFORMATION VALID?
> A complaint or information is valid if it can support a judgment of conviction
> If the complaint or information is not valid, it would violate the right of the
accused of the nature and cause of the accusation against him
> If he is convicted under this complaint or information, the conviction is null and
void and hence there is no first jeopardy
X WAS CHARGED WITH QUALIFIED THEFT. X

MOVED TO DISMISS ON THE GROUND OF
INSUFFICIENCY OF INFORMATION. THE CASE
WAS DISMISSED. SUBSEQUENTLY, THE
PROSECUTION FILED A CORRECTED
INFORMATION. CAN X PLEAD DOUBLE JEOPARDY?
> No, the first jeopardy didn’t attach because the first information was not valid
X WAS CHARGED WITH THEFT. DURING

THE TRIAL, THE PROSECUTION WAS ABLE TO
PROVE ESTAFA. X WAS ACQUITTED OF
THEFT. CAN X BE PROSECUTED FOR ESTAFA
LATER WITHOUT PLACING HIM IN DOUBLE
JEOPARDY?
> Yes
> For jeopardy to attach, the basis is the crime charged in the complaint or
information, and the one proved at the trial
> In this case, the crime charged in the first information was theft. X was therefore
placed in jeopardy of being convicted of theft. Since estafa is not an offense
which is included or necessarily includes theft, X can still be prosecuted for estafa
without placing him in double jeopardy
THE ESTAFA CASE AGAINST C WAS

DISMISSED BUT THE DISMISSAL CONTAINED
A RESERVATION OF THE RIGHT TO FILE
ANOTHER ACTION. CAN ANOTHER ESTAFA CASE
BE FILED AGAINST X WITHOUT PLACING HIM IN
DOUBLE JEOPARDY?
> Yes
> To raise the defense of double jeopardy, the first jeopardy must have been
validly terminated
> This means that there must have been either a conviction or acquittal, or an
unconditional dismissal of the case
> A provisional dismissal, such as this one, doesn’t validly terminate the first jeopardy
NOTE: in the second kind of jeopardy, the first jeopardy can validly only be terminated
either by conviction or acquittal and not by the dismissal of the case without the express
consent of the accused.
X WAS CHARGED WITH THEFT. ON THE DAY OF

THE TRIUAL, THE PROSECUTOR AND THE
WITNESSES FAILED TO APPEAR. COUNSEL FOR
ACCUSED MOVED TO DISMISS THE
CASE. THE COURT DISMISSED THE CASE
PROVISIONALLY. SUBSEQUENTLY X WAS
CHARGED WITH THEFT AGAIN. CAN X INVOKE
JEOPARDY?
> No, the case was dismissed upon motion of counsel for the accused, so it wasn’t
dismissed without the express consent
> Moreover, the dismissal was only provisional, which is not a valid termination of the
first jeopardy
> In order to validly terminate the jeopardy, the dismissal must have been
unconditional
X WAS CHARGED WITH SLIGHT PHYSICAL

INJURIES. ON HIS MOTION, THE CASE WAS
DISMISSED DURING TRIAL. ANOTHER CASE
FOR ASSAULT UPON A PERSON IN
AUTHORITY WAS FILED AGAINST HIM. CAN X
INVOKE DOUBLE JEOPARDY?
> No, the first jeopardy wasn’t terminated through either conviction, acquittal, or
dismissal without the express consent of X
> The first case was dismissed upon the motion of X himself
> Therefore, he cannot invoke double jeopardy
X WAS CHARGED WITH THEFT. DURING

TRIAL, THE EVIDENCE SHOWED THAT THE
OFFENSE COMMITTED WAS ACTUALLY ESTAFA.
WHAT SHOULD THE JUDGE DO?
> The judge should order the substitution of the complaint for theft with a new one
charging estafa
> Upon filing of the substituted complaint, the judge should dismiss the original
complaint. If it appears at any time before judgment that a mistake has been made in
charging the proper offense, the
court shall dismiss the original complaint or information upon the filing of a new one
charging the proper offense
WHAT ARE THE REQUISITES FOR A VALID

SUBSTITUTION OF A COMPLAINT OR
INFORMATION?
1. No judgment has been rendered
2. The accused cannot be convicted of the offense charged or any other offense
necessarily included in the offense charged
3. The accused will not be placed in double jeopardy
X WAS CHARGED WITH HOMICIDE. ON THE FIRST

DAY OF TRIAL, THE PROSECUTION FAILED TO
APPEAR. THE COURT DISMISSED THE CASE
ON THE GROUND OF VIOLATION OF THE RIGHT
OF THE ACCUSED TO SPEEDY TRIAL. X WAS
LATER CHARGED WITH MURDER. CAN X INVOKE
DOUBLE JEOPARDY?
> No, the first jeopardy was not validly terminated
> The judge who has not dismissed the case on the ground of violation of the
right of X to speedy trial committed grave abuse of discretion in dismissing the case
after the prosecution failed to
appear once
> This is not a valid dismissal because it deprives the prosecution of due process
> When the judge gravely abuses the discretion in dismissing a case, the dismissal
is not valid
Therefore, X cannot invoke double jeopardy
DISTINGUISH ACQUITTAL AND DISMISSAL

> Acquittal is a discharge after a trial, or an attempt to have one, upon the
merits. It is always on the merits. The accused is acquitted because the
evidence doesn’t show his guilt beyond reasonable doubt.
> On the other hand, dismissal is when the case is terminated otherwise upon the
merits thereof, as when the dismissal is based on the allegation that the court has no
jurisdiction, either upon the subject matter or the territory, or that the complaint or
information is not valid or sufficient, or upon any ground that doesn’t decide the
merits of the issue as to whether the accused is
or isn’t guilty of the offense charged
WHEN IS A DISMISSAL OF THE CASE, EVEN

WITH EXPRESS CONSENT OF THE ACCUSED,
EQUIVALENT TO AN ACQUITTAL, WHICH WOULD
CONSTITUTE A BAR TO A SECOND JEOPARDY?
> For a dismissal to be a bar under double jeopardy, it must have the effect of acquittal
> As a general rule, dismissal upon motion of the accused or his counsel
negates the application of double jeopardy because the motion of the accused
amounts to an express consent
> However, such a dismissal even with the express consent of the accused may
constitute a bar to double jeopardy in the following cases
1. Where there is insufficiency of evidence given by the prosecution to support the

charge against him
2. Where there has been an unreasonable delay in the proceedings, in violation of
the accused’s right to speedy trial
> Consequently, the dismissal amounts to an acquittal and would bar a second
jeopardy in the cases below
1. Where the dismissal is based on a demurrer to evidence filed by the accused after
the prosecution has rested, which has the effect of a judgment on the merits and
operates as an acquittal
2. Where the dismissal is made, also on motion of the accused, because of the
denial of his right to a speedy trial, which is in effect a failure to prosecute
WHAT IS MEANT BY NOLLE PROSEQUI? IS IT

THE SAME AS AN ACQUITTAL?
> It is the discontinuance of a criminal procedure by the prosecuting officer, with the
consent of the owner
> A nolle prosequi or dismissal entered before the accused is placed on trial and before
he is called on to plead is not equivalent to an acquittal and doesn’t bar a subsequent
prosecution for the same
offense
> It is not a final disposition of the case
> Rather it partakes of the nature of a non-suit or discontinuance in a civil suit and
leaves the matter in the same condition in which it was before the commencement of the
prosecution
MAY THE COURT DISMISS THE CASE ON

MOTION NOLLE PROSEQUI?
> The trial court may dismiss a case on a motion nolle prosequi if the accused is
not brought to trial within the prescribed time and is deprived of his right to speedy trial or
disposition of the case on
account of unreasonable or capricious delay caused by the prosecution
> People v. Espidol doctrine
WHY IS THERE A REQUIREMENT FOR IT TO

BE CAPRICIOUS AND UNREASONABLE?
> There are some delays of the prosecution which are not capricious and unreasonable
> It may be caused by some other valid reasons—prejudicial question, new
evidence or witnesses, etc.
WHEN A CASE IS DISMISSED UPON MOTION OF

THE ACCUSED, MAY HE STILL BE PROSECUTED
FOR THE SAME OFFENSE?
> While there have been conflicting rulings of the SC, the prevailing doctrine is that the
accused can still be prosecuted for the same offense if he moves to dismiss on the
grounds of lack of
jurisdiction, or insufficiency of complaint or information because he is deemed to have
waived his right against a second jeopardy, or that he is estopped from maintaining
that the court had no
jurisdiction or that the complaint wasn’t sufficient
WHEN WILL DISMISSAL OR TERMINATION OF THE

FIRST CASE NOT BAR A SECOND JEOPARDY?
1. The dismissal must be sought by the defendant personally or through his
counsel
2. Such dismissal must not be on the merits and must not necessarily amount to
an acquittal
BEFORE THE PROSECUTION COULD

FINISH PRESENTING EVIDENCE, THE ACCUSED
FILED A DEMURRER TO EVIDENCE. THE COURT
GRANTED THE MOTION AND DISMISSED THE
CASE ON THE GROUND OF INSUFFICIENCY OF
EVIDENCE OF THE PROSECUTION. CAN THE
ACCUSED BE PROSECUTED FOR THE SAME
OFFENSE AGAIN?
> Yes. There was no double jeopardy because the court has exceeded its
jurisdiction in dismissing the case even before the prosecution could finish presenting
evidence
> It denied the prosecution of its right to due process. Because of this, the dismissal is
null and void and cannot constitute a proper basis for a claim of double jeopardy
THE PROSECUTOR FILED AN INFORMATION

AGAINST X FOR HOMICIDE. BEFORE X
COULD BE ARRAIGNED, THE PROSECUTOR
WITHDREW THE INFORMATION WITHOUT
NOTICE TO X. THE PROSECUTOR THEN FILED
AN INFORMATION AGAINST X FOR MURDER.
CAN X INVOKE DOUBLE JEOPARDY?
> No, there was no arraignment yet under the first information
> Therefore, the first jeopardy didn’t attach. The withdrawal or dismissal of the
case before arraignment is not a bar to the filing of a new information for the same
offense.
> There is no double jeopardy where there is yet no arraignment
> A nolle prosequi or dismissal entered before the accused is placed on trial and before
he pleads is not equivalent to an acquittal and doesn’t bar a subsequent prosecution for
the same offense
IF THE ACCUSED FAILS TO OBJECT TO THE

MOTION TO DISMISS THE CASE FILED BY THE
PROSECUTION, IS HE DEEMED TO HAVE
CONSENTED TO THE DISMISSAL? CAN HE
STILL INVOKE DOUBLE JEOPARDY?
> No, silence doesn’t mean consent to the dismissal
> If the accused fails to object or acquiesces to the dismissal of the case, he can still
invoke double jeopardy, since the dismissal was
still without his express consent.
> He is deemed to have waived his right against double jeopardy if he expressly
consents to the dismissal
X WAS CHARGED WITH MURDER. THE

PROSECUTION MOVED TO DISMISS THE
CASE. COUNSEL FOR X WROTE THE WORDS
“NO OBJECTION” AT THE BOTTOM OF THE
MOTION TO DISMISS AND SIGNED IT. CAN X
INVOKE DOUBLE JEOPARDY LATER ON?
> No, X is deemed to have expressly consented to the dismissal of the case when his
counsel wrote “no objection” at the bottom of the motion to dismiss
> Since the case was dismissed with his express consent, X cannot invoke double
jeopardy
X WAS CHARGED WITH MURDER. AFTER

THE PROSECUTION PRESENTED ITS EVIDENCE, X
FILED A MOTION TO DISMISS ON THE GROUND
THAT THE PROSECUTION FAILED TO PROVE
THAT THE CRIME WAS COMMITTED WITHIN THE
TERRITORIAL JURISDICTION OF THE COURT.
THE COURT DISMISSED THE CASE. THE
PROSECUTION APPEALED? CAN X INVOKE
DOUBLE JEOPARDY?
> No, X cannot invoke double jeopardy
> The dismissal was upon his own motion so it was with his express consent
> Since the dismissal was with his express consent, he is deemed to have waived his
right against double jeopardy
> The only time when a dismissal, even with the express consent of the accused, will bar
a double jeopardy is if it is based either on insufficiency of evidence or denial of the right to
speedy trial
> These are not grounds invoked by X so he cannot claim double jeopardy
X WAS CHARGED WITH HOMICIDE. X MOVED TO

DISMISS ON THE GROUND THAT THE COURT HAD
NO JURISDICTION. BELIEVING IT HAD NO
JURISDICTION, THE JUDGE DISMISSED THE CASE.
SINCE THE COURT, IN FACT, HAD
JURISDICTION OVER THE CASE, THE
PROSECUTION FILED ANOTHER CASE IN THE
SAME COURT. CAN X INVOKE DOUBLE JEOPARDY?
> No, X is estopped from claiming that he was in danger of being convicted
during the first case, since he had himself earlier alleged that the court had no jurisdiction
X WAS CHARGED WITH HOMICIDE. THE COURT,
BELIEVED IT HAD NO JURISDICTION, MOTU
PROPIO DISMISSED THE CASE. THE
PROSECUTION APPEALED, CLAIMING THAT
THE COURT, IN FACT HAD JURISDICTION. CAN X
INVOKE DOUBLE JEOPARDY?
> Yes, when the trial court has jurisdiction but mistakenly dismisses the complaint or
information on the ground of lack of it, the dismissal wasn’t at the request of the
accused, the dismissal is not
appealable because it will place the accused in double jeopardy
X WAS CHARGED WITH RAPE. X MOVED TO

DISMISS ON THE GROUND THAT THE
COMPLAINT WAS INSUFFICIENT BECAUSE IT
DID NOT ALLEGE LEWD DESIGNS. THE
COURT DISMISSED THE CASE. LATER,
ANOTHER CASE FOR RAPE WAS FILED
AGAINST X. CAN X INVOKE DOUBLE JEOPARDY?
> No, X is estopped from claiming that he could have been convicted under the first
complaint
> He himself moved for the dismissal on the ground that the complaint was
insufficient
> He cannot change his position and now claim that he was in danger of being
convicted under the complaint
X WAS CHARGED WITH MURDER, ALONG

WITH THREE OTHER PEOPLE. X WAS
DISCHARGED AS A STATE WITNESS. CAN X
BE PROSECUTED AGAIN FOR THE SAME
OFFENSE?
> It depends
> As a general rule, an order discharging an accused as state witness amounts
to an acquittal, and he is barred from being prosecuted again for the same offense
> However, if he fails or refuses to testify against his co-accused in accordance with his
sworn statement constituting the basis for the discharge, he can be prosecuted again
CAN A PERSON ACCUSED OF ESTAFA BE

CHARGED WITH VIOLATION OF BP22
WITHOUT PLACING HIM IN DOUBLE
JEOPARDY?
> Yes. Even if the same transaction is involved, the same act may violate two or more
provisions of criminal law and the prosecution under one will not bar the prosecution under
another
> Where 2 different laws defines 2 crimes, prior jeopardy as to one of them is no
obstacle to a prosecution of the other, although both offenses arise from the same
facts, if each crime involves some important act which is not an essential element of the
other
X INSTALLED A JUMPER CABLE WHICH ALLOWED

HIM TO REDUCE HIS ELECTRICITY BILL. HE WAS
PROSECUTED AND SUBSEQUENTLY
CONVICTED FOR A MUNICIPAL
ORDINANCE AGAINST UNAUTHORIZED
INSTALLATION OF A DEVICE. CAN HE STILL
BE PROSECUTED FOR THEFT?
> No, under the second type of jeopardy, when an act is punished by law and an
ordinance, conviction or acquittal under one will bar a prosecution under the other
> The constitutional protection against double jeopardy is available as long as the acts
which constitute or have given rise to the first offense under a municipal ordinance are
the same acts which
constitute or have given rise to the offense charged under the statute
WHAT ARE THE EXCEPTIONS TO DOUBLE

JEOPARDY? WHEN CAN THE ACCUSED BE
CHARGED WITH A SECOND OFFENSE WHICH
NECESSARILY INCLUDES THE OFFENSE
CHARGED IN THE FORMER COMPLAINT OR
INFORMATION?
> The conviction of the accused shall not be a bar to another prosecution for an
offense which necessarily includes the offense charged in the former complaint or
information under any of the
following circumstances:
o The graver offense developed due to supervening facts arising from the same
act or omission constituting the former charge
o The facts constituting the graver charge became known or were discovered only
after a plea was entered in the former complaint or information
o The plea of guilty to a lesser offense was made without the consent of the prosecutor
or offended party except if the offended party fails to appear at arraignment
WHAT IS THE DOCTRINE OF SUPERVENING

EVENT?
> Where after the first prosecution a new fact supervenes for which the defendant is
responsible, which changes the character of the offense and, together with the facts
existing at the time,
constitutes a new and distinct offense, the accused cannot be said to be in second
jeopardy if indicted for the second offense.
X WAS CHARGED WITH FRUSTRATED

HOMICIDE. THERE WAS NOTHING TO INDICATE
THAT THE VICTIM WAS GOING TO DIE. X WAS
ARRAIGNED. BEFORE TRIAL, THE VICTIM
DIED. CAN X BE CHARGED WITH HOMICIDE?
> It depends.
> If the death of the victim can be traced to the acts of X, and the victim didn’t
contribute to his death with his negligence, X can be charged with homicide
> This is a supervening fact
> But if the act of X wasn’t the proximate cause of death, he cannot be charged with
homicide
X WAS CHARGED WITH RECKLESS

IMPRUDENCE RESULTING TO HOMICIDE AND
WAS ACQUITTED. THE HEIRS OF THE VICTIM
APPEALED THE CIVIL ASPECT OF THE JUDGMENT.
X CLAIMS THAT THE APPEAL WILL PLACE HIM
IN DOUBLE JEOPARDY. IS X CORRECT?
> No, there was no second jeopardy. What was elevated on appeal was the civil aspect
of the case, not the criminal aspect.
> The extinction of criminal liability whether by a prescription or by the bar of double
jeopardy doesn’t carry with it the extinction of civil liability arising from the offense
charged
X IN A CRIMINAL CASE WAS SENTENCED

AND REQUIRED TO PAY CIVIL LIABILITY. CAN
THE OFFENDED PARTY APPEAL THE CIVIL
LIABILITY?
> Yes, if there would be appeal for a criminal case, it must pertain solely on the civil
liability.
> An appeal with regard the criminal aspect would violate the accused’s right
against double jeopardy.
> The reason why the offended party can appeal the civil aspect is that double jeopardy
only attaches to the criminal aspect and not the civil aspect. The victim or offended party
in the criminal case
is the State while in its civil aspect, the private offended party.
X WAS CHARGED WITH MURDER AND WAS

ACQUITTED. CAN THE PROSECUTION APPEAL
THE ACQUITTAL?
> No, the prosecution cannot appeal the acquittal, since it would place the
accused in double jeopardy.
> A judgment of acquittal in criminal proceedings is final and unappealable
whether it happens at the trial court level or before the Court of Appeals
> Even if the decision of acquittal was erroneous, the prosecution cannot still
appeal the decision as it would put the accused in double jeopardy.
A JUDGMENT OF ACQUITTAL IN CRIMINAL

PROCEEDINGS IS FINAL AND UNAPPEALABLE
WHETHER IT HAPPENS AT THE TRIAL COURT
LEVEL OR BEFORE THE COURT OF APPEALS
WHEN CAN THE PROSECUTION APPEAL

DESPITE THE DISMISSAL OR TERMINATION OF
THE CASE?
> As a general rule, the dismissal or termination of the case after arraignment
and plea of the defendant to a valid information shall be a bar to another prosecution for
the same offense, an attempt
or frustration thereof, or one which necessarily includes or is included in the previous
offense.
> However, the prosecution may appeal the order of dismissal in the following instances:
1. If the dismissal of the first case was made upon motion or with the express consent of
the defendant, unless the grounds are insufficiency of evidence or denial of the right
to speedy trial
2. If the dismissal is not an acquittal or based upon consideration of the evidence or
of the merits of the case,
3. And the question to be passed upon by the appellate court is purely legal so that
should the dismissal be found incorrect, the case would have to be remanded to the
court of origin for further proceedings to determine the guilt or innocence of the
accused
WHAT IS THE EFFECT OF THE APPEAL OF THE
ACCUSED?
> If the accused appeals, he waives his right against double jeopardy
> The case is thrown wide open for review and a penalty higher than that of the original
conviction could be imposed upon him
WHAT SHOULD THE ACCUSED DO IF THE

COURT DENIES THE MOTION TO QUASH ON THE
GROUND OF DOUBLE JEOPARDY?
> He should plea not guilty and reiterate his defense of former jeopardy
> In case of conviction, he should appeal from the judgment on the ground of double
jeopardy
CAN AN ACCUSED RAISE THE DEFENSE OF

DOUBLE JEOPARDY IN CONTEMPT
PROCEEDINGS?
> No, jeopardy doesn’t attach. Remember the requisites for jeopardy. Jeopardy
only attaches in criminal proceedings.
PROVISIONAL DISMISSAL
Provisional Dismissal
Sec. 8. Provisional dismissal. – A case shall not be provisionally dismissed
except with the express consent of the accused and with notice to the offended
party.
The provisional dismissal of offenses punishable imprisonment not

exceeding six (6) years or a fine of any amount, or both, shall become
permanent one (1) year after issuance of the order without the case having
been revived. With respect to offenses punishable by imprisonment of
more than six (6) years, their provisional dismissal shall become
permanent two (2) years after issuance of the order without the case having
been revived.
WHAT IS THE TIME-BAR RULE? WHEN DOES

A PROVISIONAL DISMISSAL BECOME FINAL?
> The provisional dismissal of offenses punishable by imprisonment exceeding 6 years
or a fine of any amount shall become permanent after one year without the case
having been revived
> For offenses punishable by imprisonment of more than 6 years, the provisional
dismissal shall become permanent after 2 years without the case having been revived.
> After the provisional dismissal becomes final, the accused cannot be prosecuted
anymore
WHEN CAN A CASE BE PROVISIONALLY

DISMISSED?
> A case can only be dismissed provisionally if the accused expressly consents, such
consent given in writing or viva voce.
> It must be positive, direct, unequivocal consent requiring no inference or
implication to supply its meaning
> The mere inaction or silence of the accused to a provisional dismissal of the
case or his failure to object to a provisional dismissal doesn’t amount to express
consent.
WHAT ARE THE CONDITIONS FOR SECTION 8 OF

THE RULES OF COURT TO APPLY?
WHAT ARE THE REQUISITES LAID DOWN BY
PEOPLE V. LACSON?
1. The prosecution, with the express conformity of the accused or the latter’s
counsel moves for a provisional dismissal of the case; or both the prosecution or
accused move for a provisional dismissal of the case
2. The offended party is notified of the motion for a provisional dismissal of the
case
3. The court issues an order granting the motion and dismissing the case provisionally
4. The public prosecutor is served with a copy of the order of provisional dismissal
of the case
WHAT DOES IT MEAN WHEN THE TIME BAR RULE

WILL NOT APPLY?
> Provisional dismissal will not become permanent, even after one year or two
years depending on the offense’s nature
HOW CAN A CASE BE REVIVED?

1. Re-filing the information or filing of a new information for the same offense
necessarily included therein without need of a new preliminary investigation unless the
original witnesses of the
prosecution or some of them may have recanted their testimonies or may no longer be
available and new witnesses for the State have emerged
2. A new preliminary investigation is also required if aside from the original accused,
other persons are charged under a new criminal complaint for the same offense or
necessarily included therein
3. Under a new criminal complaint, the criminal liability of the accused is
upgraded from that of an accessory to that of a principal
4. Under a new criminal complaint, the charge has been upgraded
PRE-TRIAL AND PRE-TRIAL

CONFERENCE
Pre-trial and Pre-trial Conference

Section 1. Pre-trial; mandatory in criminal cases. – In all criminal cases cognizable by
the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court
shall, after arraignment and within thirty (30) days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is provided for
in special laws or circulars of the Supreme Court, order a pre-trial conference to
consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes
a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects
of the case.
WHAT IS THE PURPOSE OF A PRE-TRIAL?

> The purpose is to expedite proceedings
WHEN IS PRE-TRIAL REQUIRED?
> Pre-trial is mandatory in all criminal cases cognizable by the Sandiganbayan,

RTC, MTC and MCTC
WHEN SHOULD IT BE CONDUCTED?
> After arraignment, and within 30 days from the date the court acquires
jurisdiction over the person of the accused
> An exception to the rule is when the accused is under preventive detention. The case
shall be raffled within 3 days. Arraignment shall be done within 10 days after the raffle.
Ten days thereafter, the pre-trial.
WHAT SHOULD THE ORDER FOR PRE-TRIAL

CONFERENCE CONTAIN?
1. The presence of the accused and more importantly the offended party, for
purposes of plea bargaining and determination of civil liability. Remember that plea
bargaining isn’t allowed in cases involving violations of the Dangerous Drugs Act.
2. Referring the matter for preliminary conference to the clerk of court.
3. Warning that evidence not offered during preliminary conference shall be
inadmissible except if because of good cause and under the discretion of the court
WHO SHOULD PRESIDE IN A PRELIMINARY

CONFERENCE?
> Clerk of court will preside the preliminary conference
WHAT SHOULD THE CLERK OF COURT DO IN

PRESIDING OVER THE PRELIMINARY
CONFERENCE?
1. The clerk of court is given a vital role in the speedy disposition of cases
2. He shall serve as the mediator or arbitrator between the accused and offended party
for the two parties to reach a settlement as to the civil liability of the accused
3. He shall serve as mediator between the parties with regard plea bargaining
4. He shall serve as mediator in the stipulation of facts between the accused and
offended party
5. He shall oversee the introduction and marking of documentary evidence
6. He shall see that the evidence is genuine and duly executed
7. He shall oversee the conference if there will be any waiver to objections over
admissibility of evidence
8. In case the accused gives a lawful defense, he will indicate that there would be
a modification of the order of trial
N.B
1. A preliminary conference precedes a pre-trial. It is officiated by the clerk of court.
The clerk of court plays a vital role in the speedy disposition of cases.
2. Often times, there would be no pre-trial anymore but the trial would commence
and the judge would issue the decision for the disposition of the case.
3. The pre-trial conference is conducted for the expeditious disposition of the
case. What happens in the conference is more than what meets the eye.
4. There is now an amendment in the new rules providing for the parties to talk
with each other absent their lawyers. Lawyers often times are stumbling blocks in
the speedy disposition of
cases.
5. In the pre-trial and preliminary conference, there is narrowing of conflict between the
parties. In furtherance of this, the judge is sanctioned to allow the number of witnesses to
be presented, limit the trial days, etc.
6. Remember that any evidence not presented or marked during the pre-trial conference
shall not be admitted during the trial. This is done to make the presentation of
evidence mandatory for the
parties to the case. Additional evidence shall only be allowed if there is good cause
and for furtherance of justice
7. Evidence is genuine and duly executed—in relation to notarial law when the lawyer
admits to the genuineness and due execution of the documentary evidence presented.
8. The preliminary conference is to minimize the things to be discussed during the
pre-trial conference that would be conducted by the judge. After the pre-trial conference, a
pre-trial order shall
be issued. This will serve as the bible for the rest of the proceedings.
9. See the Revised Rules on Pre-trial issued during August 2004.
WHEN WILL THE JUDGE PRESIDE?
> During the pre-trial
PRE-TRIAL AGREEMENT
Pre-Trial Agreement
Sec. 2. Pre-trial agreement. – All agreements or admissions made or entered during
the pre-trial conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The agreements covering
the matters referred to in section 1 of this Rule shall be approved by the court.
WHAT HAPPENS DURING PRE-TRIAL?

> The following things are considered
1. Plea bargaining
2. Stipulation of facts
3. Marking for identification of evidence of the parties
4. Waiver of objections to admissibility of evidence
5. Modification of the order of trial if the accused admits the charge but interposes a
lawful defense
6. Other matters that will promote a fair and expeditious trial of the criminal and
civil aspects of the case
WHAT IS THE FORM REQUIRED FOR THE PRE-

TRIAL AGREEMENT?
> Any agreement or admission entered into during the pre-trial conference should
be
1. In writing
2. Signed by the accused
3. Signed by counsel
> A pre-trial agreement that doesn’t follow this form cannot be used against the accused
NON-APPEARANCE AT
PRE-TRIAL CONFERENCE
Non-appearance At Pre-Trial Conference

Sec. 3. Non-appearance at pre-trial conference. – If the counsel for the accused
or the prosecutor does not appear at the pre-trial conference and does not
offer an acceptable excuse for his lack of cooperation, the court may impose
proper sanctions or penalties.
PRE-TRIAL ORDER
Pre-trial Order
Sec. 4. Pre-trial order. – After the pre-trial conference, the court shall issue an order
reciting the actions taken, the facts stipulated, and evidence marked. Such order shall
bind the parties, limit the trial to matters not disposed of, and control the course f the
action during the trial, unless modified by the court to prevent manifest injustice.
WHAT IS A PRE-TRIAL ORDER?

> It is an order issued by the court after the pre-trial conference
containing:
o A recital of the actions taken
o The facts stipulated
o The evidence marked
> The pre-trial order binds the parties, limits the trial to matters not disposed
of, and controls the course of action during the trial, unless modified by the
court to prevent manifest injustice
PLEA BARGAINING
WHAT IS PLEA BARGAINING?

> It is the disposition of criminal charges by agreement between the prosecution and the
accused
> The accused and the prosecutor in a criminal case work out a mutually
satisfactory disposition of the case subject to court approval
> It usually involves the defendant’s pleading guilty to a lesser offense or to only
one or some of the counts of a multi-count indictment in return for a lighter sentence
than that for the graver charge
> It is encouraged because it leads to prompt and final disposition of most criminal
cases. It shortens the time between charge and disposition and enhances
whatever may be the rehabilitative prospects of the guilty when they are ultimately
imprisoned
WHEN IS PLEA BARGAINING NOT ALLOWED?
> It is not allowed under the Dangerous Drugs Act where the imposable penalty is
reclusion perpetua to death.
WHAT IF THERE IS A PLEA BARGAINING ARRIVED

AT?
1. Issue an order which contains the plea bargaining arrived at;
2. Proceed to receive evidence on the civil aspect of the case; and
3. Render and promulgate judgment of conviction, including the civil liability or damages
duly established by the evidence.
WHAT HAPPENS IF THERE WAS NO PLEA

BARGAINING AGREEMENT? WHAT WOULD THE
COURT DO?
1. Adopt the minutes of preliminary conference as part of the pre-trial
proceedings, confirm markings of exhibits or substituted photocopies and
admissions on the genuineness and due
execution of documents and list object and testimonial evidence;
2
. Scrutinize every allegation of the information and the statements in the affidavits and
other documents which form part of the record of the preliminary investigation and
other documents
identified and marked as exhibits in determining farther admissions of facts,
documents and in particular as to the following:
a. The identity of the accused;
b. Court's territorial jurisdiction relative to the offense/s charged;
c. Qualification of expert witness/es;
d. Amount of damages;
e. Genuineness and due execution of documents;
f. The cause of death or injury, in proper cases;
g. Adoption of any evidence presented during the preliminary investigation;
h. Disclosure of defenses of alibi, insanity, self-defense, exercise of public

authority and justifying or exempting circumstances; and
i. Such other matters that would limit the facts in issue.
3. Define factual and legal issues;
4. Ask parties to agree on the specific trial dates and adhere to the flow chart
determined by the court which shall contain the time frames for the different
stages of the proceeding up to
promulgation of decision and use the time frame for each stage in setting the trial dates;
5. Require the parties to submit to the Branch COC the names, addresses and
contact numbers of witnesses that need to be summoned by subpoena; and
6. Consider modification of order of trial if the accused admits the charge but
interposes a lawful defense.
IS TRIAL THE SAME AS

HEARING?
IS THE CONCEPT OF TRIAL THE SAME AS

HEARING?
> According to jurisprudence, they are not the same concepts
> The words hearing and trial have different meaning and
connotations
> Trial may refer to the reception of evidence and other processes. It embraces
the period for the introduction of evidence by both parties
> Hearing, as known in law, is not confined to trial but embraces the several
stages of litigation, including the pre-trial stage. A hearing doesn’t
necessarily mean presentation of evidence. It doesn’t necessarily imply the
presentation of oral or documentary evidence in open court but that the
parties are afforded an opportunity to be heard.
TRIAL
TRIAL
Section 1. Time to prepare for trial. – After a plea of not guilty is entered, the accused
shall have at least fifteen (15) days to prepare for trial. The trial shall commence
within thirty (30) days from receipt of the pre-trial order.
HOW MUCH TIME DOES THE ACCUSED HAVE TO PREPARE FOR TRIAL?
> After he enters his plea of not guilty, the accused shall have at least 15 days to
prepare for trial
> The trial shall commence within 30 days from receipt of the pre-trial order
HOW LONG SHOULD THE TRIAL LAST?
> The entire trial period should not exceed 180 days from the first day of trial, except if
authorized by the SC
CONTINUOUS TRIAL
SYSTEM
Continuous Trial System

Sec. 2. Continuous trial until terminated; postponements. – Trial once commenced
shall continue from day to day as far as practicable until terminated. It may be
postponed for a reasonable
period of time for good cause.
The court shall, after consultation with the prosecutor and defense counsel, set the case
for continuous trail on a weekly or other short-term trial calendar at the earliest
possible time so as to ensure speedy trial. In no case shall the entire trial period exceed
one hundred eighty (180) days from the first day of trial, except as otherwise authorized by
the Supreme Court.
The time limitations provided under this section and the preceding section shall not
apply where special laws or circulars of the Supreme Court provide for a shorter period
of trial.
WHAT PROCEDURE IS USED TO AVAIL HIS

RIGHT TO SPEEDY TRIAL?
> Continuous trial system—a tool for the early and expeditious disposition of a case
WHAT IS THE CONTINUOUS TRIAL SYSTEM?

> Trial once commenced shall continue from day to day as far as practicable until
terminated.
> It may be postponed for a reasonable period of time for good cause.
> The court shall, after consultation with the prosecutor and defense counsel, set the
case for continuous trail on a weekly or other short-term trial calendar at the
earliest possible time so as to ensure speedy trial.
> In no case shall the entire trial period exceed one hundred eighty (180) days from the
first day of trial, except as otherwise authorized by the Supreme Court.
HOW DO YOU ENSURE CONTINUOUS TRIAL

SYSTEM?
> There must be a time limit within which the case should be terminated
WHAT ARE THE DUTIES OF THE PRESIDING

JUDGE UNDER THE CONTINUOUS TRIAL SYSTEM?
1. Adhere faithfully to the session hours prescribed by laws
2. Maintain full control of the proceedings
3. Efficiently allocate and use time and court resources to avoid court delays
IS THE TIME LIMIT ABSOLUTE?

> No
IN WHICH CASES IS THE TIME LIMITATION NOT

APPLICABLE?
1. CRIMINAL CASES COVERED BY THE RULES ON SUMMARY PROCEDURE OR
THOSE WHERE THE PENALTY DOESN’T EXCEED 6 MONTHS IMPRISONMENT OR A FINE OF
P1000: governed by the
rules on summary procedure
2. WHEN THE OFFENDED PARTY IS ABOUT TO DEPART WITH NO DEFINITE DATE OF

RETURN—trial shall commence within 3 days from the date of arraignment, and cannot
be postponed except on
grounds over which the accused has no control
3. CHILD ABUSE CASES—trial shall commence within 3 days from arraignment and
cannot be postponed except on grounds of illness of the accused or other grounds beyond
his control
4. VIOLATIONS OF DANGEROUS DRUGS LAW—trial shall be finished within 3 months from

the filing of the information
5. KIDNAPPING, ROBBERY IN A BAND, ROBBERY AGAINST A BANKING OR

FINANCIAL INSTITUTION, VIOLATION OF THE CARNAPPING ACT, AND OTHER
HEINOUS CRIMES—trial shall be finished within 60 days from the first day of trial
HABEAS CORPUS
WHAT IS HABEAS CORPUS?

 Habeas corpus means “having it brought” plus “body”
 To inquire into the legality of the detention of a person
 A writ or order requiring that a prisoner be brought before a judge or into court to
decide whether he is being held lawfully.
WHY IS HABEAS CORPUS CONSIDERED AN
EXCEPTION TO THE EXCEPTION?
 Because it is a prerogative writ and therefore must be decided upon
immediately by the court
 The habeas corpus proceeding must take precedence over all other cases
because it involves the liberty of the person
WITHIN HOW MANY HOURS SHOULD A JUDGE

RESOLVE A HABEAS CORPUS PROCEEDING?
 Within 48 hours or 2 days
WHAT ARE THE DUTIES OF THE PUBLIC

ATTORNEY IF THE ACCUSED ASSIGNED TO HIM IS
IMPRISONED?
1. He shall promptly undertake to obtain the presence of the prisoner for trial, or cause
a notice to be served on the person having custody of the prisoner, requiring such
person to advise the
prisoner of his right to demand trial
2. Upon receipt of that notice, the person having custody of the prisoner shall
promptly advise the prisoner of the charge and his right to demand trial. If at anytime
thereafter, the prisoner
informs the custodian that he demands such trial, the latter shall cause notice to that
effect to be sent promptly to the public attorney
3. Upon receipt of such notice, the public attorney shall promptly seek to obtain the
presence of the prisoner for trial
4. When the person having custody of the prisoner receives from the public attorney a
properly supported request for the availability of the prisoner for purposes of trial, the
prisoner shall be made
available accordingly.

PERIODS THAT SHOULD
BE EXCLUDED IN
COMPUTING THE TIME
WITHIN WHICH TRIAL
MUST COMMENCE
Sec. 3. Exclusions. - The following periods of delay shall be excluded in

computing the time within which trial must commence:
(a) Any period of delay resulting from other proceedings concerning

the accused, including but not limited to the following:
(1) Delay resulting from an examination of the physical and mental condition of
the accused;
(2) Delay resulting from proceedings with respect to other criminal charges
against the accused;
(3) Delay resulting from extraordinary remedies against interlocutory

orders;
(4) Delay resulting from pre-trial proceedings; provided, that the delay does
not exceed thirty (30) days;
(5) Delay resulting from orders of inhibition, or proceedings

relating to change of venue of cases or transfer from other courts;
(6) Delay resulting from a finding of existence of a prejudicial question;

and
(7) Delay reasonably attributable to any period, not to exceed thirty (30)
days, during which any proceeding concerning the accused is actually under
advisement.
(b) Any period of delay resulting from the absence or unavailability of an

essential witness.
For purposes of this subparagraph, an essential witness shall be considered

absent when his whereabouts are unknown or his whereabouts cannot be
determined by due diligence. He shall be considered unavailable whenever
his whereabouts are known but his presence for trial cannot be obtained by
due diligence.
(c) Any period of delay resulting from the mental incompetence or physical
inability of the accused to stand trial.
(d) If the information is dismissed upon motion of the prosecution

and thereafter a charge is filed against the accused for the same offense, any
period of delay from the date the charge was dismissed to the date the time
limitation would commence to run as to the subsequent charge had there been
no previous charge.
(e) A reasonable period of delay when the accused is joined for trial with a
co-accused over whom the court has not acquired jurisdiction, or, as to
whom the time for trial has not run and no motion for separate trial has
been granted.
(f) Any period of delay resulting from a continuance granted by any court
motu proprio, or on motion of either the accused or his counsel, or the
prosecution, if the court granted the continuance on the basis of its findings
set forth in the order that the ends of justice served by taking such action
outweigh the best interest of the public and the accused in a speedy trial.
WHAT ARE THE PERIODS THAT SHOULD
BE EXCLUDED IN COMPUTING THE TIME
WITHIN WHICH TRIAL MUST COMMENCE?
1. Any period of delay resulting from other proceedings concerning the accused.
2. Any period of delay resulting from the absence or unavailability of an essential

witness.
3. Any period of delay resulting from the mental incompetence or physical inability
of the accused to stand trial.
4. If the information is dismissed upon motion of the prosecution and thereafter a

charge is filed against the accused for the same offense, any period of delay from
the date the charge was
dismissed to the date the time limitation would commence to run as to the subsequent
charge had there been no previous charge.
5. A reasonable period of delay when the accused is joined for trial with a co-accused
over whom the court has not acquired jurisdiction, or, as to whom the time for trial has
not run and no
motion for separate trial has been granted.
6. Any period of delay resulting from a continuance granted by any court motu proprio,
or on motion of either the accused or his counsel, or the prosecution, if the court
granted the continuance
on the basis of its findings set forth in the order that the ends of justice served by taking
such action outweigh the best interest of the public and the accused in a speedy trial.
WHAT ARE EXAMPLES OF OTHER PROCEEDINGS

CONCERNING THE ACCUSED WHICH SHOULD BE
EXCLUDED FROM THE COMPUTATION OF TIME?
1. Delay resulting from an examination of the physical and mental condition of the
accused;
2. Delay resulting from proceedings with respect to other criminal charges against
the accused;
3. Delay resulting from extraordinary remedies against interlocutory orders;

4. Delay resulting from pre-trial proceedings; provided, that the delay does not
exceed thirty (30) days;
5. Delay resulting from orders of inhibition, or proceedings relating to change of

venue of cases or transfer from other courts;
6. Delay resulting from a finding of existence of a prejudicial question; and
7. Delay reasonably attributable to any period, not to exceed thirty (30) days, during
which any proceeding concerning the accused is actually under advisement (careful
consideration).
WHEN IS AN ESSENTIAL
WITNESS CONSIDERED
ABSENT?
An essential witness shall be considered

absent when his whereabouts are
unknown or his whereabouts cannot be
determined by due diligence

WHEN IS AN ESSENTIAL
WITNESS CONSIDERED
UNAVAILABLE?
He shall be considered whenever his

whereabouts are known but his presence for
trial cannot be obtained by due diligence
CONTINUANCE
Sec. 4. Factors for granting continuance. – The following factors, among
others, shall be considered by a court in determining whether to grant a
continuance under section 3(f) of this Rule.
(a) Whether or not the failure to grant a continuance in the proceeding

would likely make a continuation of such proceeding impossible or result in
a miscarriage of justice; and
(b) Whether or not the case taken as a whole is so novel, unusual and
complex, due to the number of accused or the nature of the prosecution, or
that it is unreasonable to expect adequate
preparation within the periods of time established therein.
In addition, no continuance under section 3(f) of this Rule shall be granted

because of congestion of the court’s calendar or lack of diligent preparation or
failure to obtain available witnesses on the part of the prosecutor.
WHAT IS A CONTINUANCE?
 A continuance is a postponement of trial
WHAT ARE THE FACTORS FOR GRANTING A

CONTINUANCE/POSTPONEMENTS?
1. Whether or not the failure to grant a continuance in the proceeding would
likely make a continuation of such proceeding impossible or result in a miscarriage of
justice; and
2. Whether or not the case taken as a whole is so novel, unusual and complex, due to
the number of accused or the nature of the prosecution, or that it is unreasonable
to expect adequate
preparation within the periods of time established therein.
 No continuance under section 3(f) of this Rule shall be granted because of
congestion of the court’s calendar or lack of diligent preparation or failure to obtain
available witnesses on the part of
the prosecutor.
IS THE GRANT OF A MOTION FOR CONTINUANCE

OR POSTPONEMENT A MATTER OF RIGHT?
 It is a matter of discretion on the part of the court
BAIL, WHERE FILED

Bail, Where Filed

Sec. 17. Bail, where filed. – (a) Bail in the amount fixed may be filed with the
court where the case is pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge in the province, city or municipality. If
the accused is arrested in a province, city, or municipality other than
where the case is pending, bail may also be filed with any regional trial court of
said place, of if no judge thereof is available, with any metropolitan trial
judge, municipal trial judge, or municipal circuit trial judge therein.
(b) Where the grant of bail is a matter of discretion, or the accused seeks to be
released on recognizance, the application may only be filed in the court
where the case is pending, whether on preliminary investigation, trial, or
appeal.
Any person in custody who is not yet charged in court may apply for bail with
any court in the province, city, or municipality where he is held.
AS A GENERAL RULE, WHERE SHOULD BAIL BE

FILED?
> It may be filed with the court where the case is pending. In the absence of the judge
thereof, bail may be filed with any RTC or MTC judge in the province, city or
municipality.
> If the accused is arrested in a province, city or municipality other than where the case
is pending, bail may also be filed with the RTC of said place, or if no judge is available,
with any MTC judge therein
> But where bail is a matter of discretion or where the accused seeks to be released
on recognizance, bail may only be filed in the court where the case is pending
> Any person in custody not yet charged may apply for bail with any court in the province,
city or municipality where he is held
WHERE SHOULD ONE POST BAIL IF HE

HASN'T BEEN CHARGED YET?
> In the RTC of the place where he is in custody. In the absence of RTC, in the MTC.
WHAT SITUATIONS ARE CONTEMPLATED UNDER

THIS SECTION?
> First, the accused is arrested in the same province, city or municipality where his
case is pending
> Second, the accused is arrested in the province, city or municipality other
than where his case is pending
MAY A JUDGE ISSUE A BAIL BOND FOR

CASES NOT PENDING IN HIS SALE OR ARE
OUTSIDE HIS JURISDICTION CONTENDING THAT
IT WAS DONE MAINLY IN GOOD FAITH
INTERPRETATION AND APPLICATION OF THE
RULES?
> No, a judge cannot shield himself from the consequence of his persistent deviant
activities by the simple invocation of good fatih and the supplication that he was only
moved by pity for the poor
and forsaken accused
> A judge’s jurisdiction is confined to that over which he presides
> Therefore to approve bail applications and issue corresponding release order in
cases pending in courts outside his territorial jurisdiction, particularly so where the
accused are detained thereat and not in his jurisdiction and therefore cannot personally
appear before him as required, constitute ignorance of the law so gross as to amount to
incompetence and even corruption
NOTICE OF APPLICATION
TO PROSECUTOR
Notice Of Application To Prosecutor

WHY IS NOTICE TO THE PROSECUTOR REQUIRED?
> Such notice is required because the burden of showing that the evidence of
guilt is strong is on the prosecution
Sec. 18. Notice of application to prosecutor. – In the application for bail under
section 8 of this Rule, the court must give reasonable notice of the hearing
to the prosecutor or require him to submit his recommendation.
RELEASE ON BAIL
Release On Bail
WHAT ARE THE PREREQUISITES FOR A JUDGE TO ISSUE THE RELEASE OF
THE ACCUSED UPON FILING OF A BOND?
> The application for bail must be filed in the court where the case is pending. In the
absence or unavailability of the judge thereof, the application for bail may be filed with
another branch of the same court within the province or city
> If the accused is arrested in a province, city or municipality other than where the case
is pending, bail may be filed with any RTC of the place. If no judge thereof is
available, then with the MTC judge therein.
Sec. 19. Release on bail. – The accused must be discharged upon approval
of the bail by the judge with whom it was filed in accordance with section
17 of this Rule.
When bail is filed with a court other than where the case is pending, the
judge who accepted the bail shall forward it, together with the order of release
and other supporting papers, to the court where the case is pending, which may,
for good reason, require a different one to be filed.
INCREASE OR REDUCTION
OF BAIL
Increase Or Reduction Of Bail

Sec. 20. Increase or reduction of bail. – After the accused is admitted to
bail, the court may, upon good cause, either increase or reduce its amount.
When increased, the accused may be committed to custody if he does not
give bail in the increased amount within a reasonable period. An accused
held to answer a criminal charge, who is released without bail upon filing
of the complaint or information, may, at any subsequent stage of the
proceedings and whenever a strong showing of guilt appears to the court, be
required to give bail in the amount fixed, or in lieu thereof, committed to
custody.
FORFEITURE OF BAIL
Forfeiture Of Bail
Sec. 21. Forfeiture of bail. – When the presence of the accused is required by the court or
these Rules, his bondsmen shall be notified to produce him before the court on a
given date and time. If the accused fails to appear in person as required, his bail
shall be declared forfeited and the bondsmen given thirty (30) days within which to
produce their principal and to show why no judgment should be rendered against
them for the amount of their bail.
Within the said period, the bondsmen must:
(a) produce the body of their principal or give the reason for his non-production;
and
(b) explain why the accused did not appear before the court when first required to do so.
Failing in these two requisites, a judgment shall be rendered against the bondsmen,
jointly and severally, for the amount of the bail. The court shall not reduce or otherwise
mitigate the liability of the bondsmen, unless the accused has been surrendered or is
acquitted.
WHAT DO BONDSMEN UNDERTAKE TO DO UNDER

THE BOND?
> When the appearance of the accused is required, the sureties shall be notified to
produce the accused before the court on a given date
> If the accused fails to appear as required, the bond is declared forfeited and
the bondsmen are given 30 days within which to produce the accused and show cause
why judgment shouldn't be rendered against them for the amount of the bond
> Within the period of 30 days, the bondsmen must:
1. Produce the body of the accused
2. Explain satisfactorily why the accused didn't appear when first required to do so
o If they fail to comply with these requisites, the court shall render judgment against
them on the bond.
WHAT IS THE EFFECT OF ASSUMING THE

OBLIGATION OF BAIL?
> The sureties become in law the jailers of the principal
> Their custody of him is the continuation of the original imprisonment and
though they cannot actually confine him, they are subrogated to all other rights
and means which the
government possesses to make their control of him effective when the accused jumps
bail and the trial shall continue and the bondsman held to their undertaking and
sureties
UNDER WHOSE DISCRETION IS THE REDUCTION

OF THE LIABILITY OF A BONDSMAN UNDER THE
FORFEITED BOND?
> It is wholly subject to the discretion of the trial court
> To be refused or granted according to the merits of the particular case before the
court, and the exercise of such discretion will not be disturbed on appeal unless grave
abuse of discretion was
committed or that there are circumstances which the trial court failed to consider
WHAT IS THE DUTY OF THE BONDSMAN

WHEN ACCUSED IS REQUIRED TO APPEAR?
> Notice alone to the accused is insufficient.
> The bondsman is duty bound to produce the person of the accused when his
appearance is required by the court, which shows that mere notice is not sufficient
but the bondsman must make every effort to see that he actually makes his appearance
> Failure to do so, trial court may consider it negligent in the performance of his
duties which the SC cannot disturb
WHAT ARE THE REQUISITES TO JUSTIFY THE

BONDSMAN’S EXEMPTION FROM LIABILITY?
> Within the period of 30 days, the bondsmen must:
1. Produce the body of the accused
2. Explain satisfactorily why the accused didn't appear when
first required to do so
> Failure of the bondsman to produce the accused when required by the court and
subsequent presentment will not exonerate the bondsman’s liability unless he gives
satisfactory reason why he
failred to appear when first required to do so
> SATISFACTORY EXPLANATION—act of God, act of the obligee, act of the law exonerates
the sureties. If the accused died, the fact of death must be before the breach and the
fact of death must be established by competent evidence for the sureties to be
exonerated from liability.
CANCELLATION OF BAIL
Cancellation Of Bail
Sec. 22. Cancellation of bail. – Upon application of the bondsmen, with due notice to the
prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.
The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal
of the case, or execution of the judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on the bail.
HOW IS BAIL CANCELLED?
> The same principles and procedure governing hearings on an

application for bail applies to cancellation of bail
> The same issue as in an application for bail confronts the judge in
proceedings for cancellation of bail. Hence, the similarity of the nature
and procedure for application for bail and cancellation are
the same
https://batasnatin.com/law-library/remedial-law/criminal-procedure/561-arrest-of-accused-out-on-
bail.html

Crim Proc Summary

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ORDER OF TRIAL

Category: Criminal Procedure

WHAT IS THE ORDER OF TRIAL?

WHY DOES THE TRIAL BEGIN WITH THE

WHAT IF THERE IS NOT ENOUGH EVIDENCE

Examination Of Witness For The

WHO MAY EXAMINE A

WHO MAY EXAMINE A DEFENSE WITNESS?

WHO MAY EXAMINE A PROSECUTION WITNESS?

WHY ARE MODES OF DISCOVERY

WHAT IS THE REMEDY OF A PARTY IN

 The examination shall be CONDITIONAL

WHO WILL CONDUCT THE DEPOSITION?

IF THERE ARE 2 OR MORE ACCUSED,

WHAT HAPPENS TO THE EVIDENCE

X IS A PUBLIC OFFICER. HE WAS CHARGED WITH

 In case private individuals are charged as co-principals, accomplices, or

WHEN SHOULD THE

WHAT IS THE PROCEDURE FOR

WHAT ARE THE REQUISITES IN ORDER

4. The testimony of said accused can be SUBSTANTIALLY CORROBORATED in its

5. Said accused DOES NOT APPEAR TO BE THE MOST GUILTY; and

CAN THE COURT GRANT THE DISCHARGE BEFORE

IS A HEARING OF THE MOTION TO DISCHARGE

WHAT IS THE MEANING WHEN THE

WHAT HAPPENS IF THERE IS LACK OF

 For example, where an offense is committed in conspiracy and clandestinely,

DOES ABSOLUTE NECESSITY MEAN THAT

CAN THERE BE MORE THAN ONE

WHAT IS THE REMEDY OF THE PROSECUTION

THE ACCUSED PLEADED GUILTY TO THE CRIME

CAN A CO-CONSPIRATOR BE DISCHARGED AS A

 EXCEPTION—if the crime was committed clandestinely and there

WHAT IS AN IRREGULAR DISCHARGE?

IF THE STATE WITNESS REFUSES TO TESTIFY,

 Otherwise, it violates his right against self-incrimination

WHAT ARE THE EFFECTS OF THE DISCHARGE?

2. Discharge of the accused operates as an ACQUITTAL and bar to further

WHAT DOES IT MEAN WHEN HE FAILS OR

WHAT IF IN THE SWORN STATEMENT OF X, HE

WHAT IF AFTER AN ACCUSED HAS BEEN

WHAT HAPPENS WHEN THE ORIGINAL

MUST THE ACCUSED TO BE DISCHARGED

CAN THE OTHER CONSPIRATORS BE SOLELY

 It should be substantially corroborated in its material points

 As an exception however, the testimony of a co-conspirator, even if uncorroborated,

WHAT IF THERE WAS A MISTAKE MADE IN

HOW IS CRIMINAL LIABILITY

X AND Y WERE CHARGED WITH ADULTERY.

WHAT IS THE EFFECT OF THE DEATH OF THE

WHAT ARE THE MEANS BY WHICH

Grantee An individual Classes of persons

As to the need of Not necessary Necessary

Act of grantee Distinct acts of The grantee need

As to judicial notice Courts don’t take Courts take judicial

As to effect Relieves the offender Abolishes the

When it may be Only after conviction Before or after

WHAT IS THE EFFECT OF PARDON BY THE

WHY IS THERE NO EXTINCTION OF CRIMINAL

WHAT IS THE EFFECT OF MARRIAGE OF

IF THE OFFENDED IN RAPE IS THE LEGAL HUSBAND OF THE

WHY IS PRESCRIPTION A GROUND FOR A