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1. General Rule: MTC and RTC courts gain jurisdiction over the offense upon the filing of
complaint by a complainant or an information by the prosecuting officer
à Court gains jurisdiction over the person of the accused upon arrest or surrender; such
jurisdiction once gained cannot be lost even if accused escapes (Gimenez vs. Nazareno)
à Jurisdiction of the court over the offense is determined at the time of the institution of the
action and is retained even if the penalty for the offense is later lowered or raised (People vs.
Lagon)
2. Complaint – sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer or other public official charged with the enforcement of the law
violated
Information – accusation in writing charging a person with an offense, subscribed by the fiscal and
filed with the court
Complaint Information
4. Cases where civil courts of equal rank are vested with concurrent jurisdiction:
ii. Vessel
5. Remedies of offended party when fiscal unreasonably refuses to file an information or include
a person therein as an accused
6. Writs of injunction or prohibition to restrain a criminal prosecution are not available, EXCEPT
a. In RTC:
à By filing a complaint with the appropriate officer for the purpose of conducting requisite
preliminary investigation therein.
b. In Municipal Trial Courts and Municipal Circuit Trial Courts:
à By filing the complaint or information directly with said courts, or a complaint with the fiscal’s
office
à In all 3 above cases, such institution shall interrupt the period of prescription of the offense
charged (Rule 110, §1)
[i.e. (1) violation of traffic laws; (2) violation of rental laws; (3) violation of municipal or city
ordinances; and (4) criminal cases where the penalty does not exceed 6 months or fine of P1000
or both, irrespective of other imposable penalties and civil liabilities]
à The complaint or information shall be filed directly in court without need of a prior preliminary
examination or preliminary investigation.
à Zaldivia vs. Reyes – since a criminal case covered by the Rules of Summary Procedure shall be
deemed commenced only when it is filed in court, then the running of the prescriptive period
shall be halted on the date the case is actually filed in court and not on any date before that.
à Reodica vs. CA – [clarifies Zaldivia above] Under Art. 91 of the RPC, the period of prescription
shall be interrupted by the filing of the complaint or information. It does not distinguish whether
the complaint is filed for preliminary examination or investigation only, or for an action on the
merits. Thus, the filing of the complaint even with the fiscal’s office should suspend the running
of the Statute of Limitations. The ruling in Zaldivia is not applicable to all cases subject to the
Rules on Summary Procedure, since that particular case involved a violation of an
ordinance. Therefore, the applicable law therein was not Art. 91 of the RPC, but Act No. 3326
(“An Act to Establish Periods of Prescription for Violations Penalized by Special Acts and Municipal
Ordinances and to Provide when Prescription Shall Begin to Run”), §2 of which provides that
period of prescription is suspended only when judicial proceedings are instituted against the guilty
party.
8. Contents of information
à Information may be amended as to the name of the accused, but such amendment cannot be
questioned for the first time on appeal (People vs. Guevarra)
à Error of name of the offended party: if material to the case, it necessarily affects the
identification of the act charged. Conviction for robbery cannot be sustained if there is a variance
between the allegation and the proof as to the ownership of the property stolen.
à Only one offense charged, EXCEPT where law prescribes a single punishment for various
offenses.
à If facts do not completely allege all the elements of the crime charged, the info may be
quashed; however, the prosecution is allowed to amend the info to include the necessary facts
(People vs. Purisima)
à Information need only allege facts, not include all the evidence which may be used to prove
such facts (Balitaan vs. CFI)
f. Place of commission
à Conviction may be had even if it appears that the crime was committed not at the place
alleged, provided that the place of actual commission was within the court’s jurisdiction and
accused was not surprised by the variance between the proof and the information
à Qualifying and inherent aggravating circumstances need to be alleged as they are integral parts
of the crime. If proved, but not alleged, become only generic aggravating circumstances.
Amendment
Substitution
Involves either formal or substantial changes Necessarily involves a substantial change
Without leave of court if before plea Needs leave of court as original information
has to be dismissed
1. Felonies in Art. 2, RPC (cognizable by proper court in which charge is first filed)
2. Continuing offenses
3. Piracy which is triable anywhere
4. Libel (residence; or where first published)
5. In exceptional cases, to ensure fair trial and impartial inquiry
à With consent of the offended party, offended spouse, grandparents, guardian, or state
as parens patriae, in that order
à Offended party, even if minor, has right to initiate the prosecution of the case independently of
parents, grandparents or guardian, unless she is incompetent/incapable on grounds other than
minority.
à If offended party who is a minor fails to file the complaint, her parents, grandparents or
guardian may do so.
à If complexed with a public crime, the provincial fiscal may sign the complaint on his own
à The offended party may intervene in the prosecution of the criminal case because of her
interest in it (Banal vs. Tadeo)
14. Procedure
1. Complaint filed in MTC or info filed in RTC where an essential ingredient of the crime took place
(territorial jurisdiction)
1. Amendment as a matter of right before plea
2. Amendment upon discretion of the court after plea
à Inclusion of other accused is only a formal amendment which would not be prejudicial to the
accused and should be allowed (People vs. CA)
d. After plea and before judgment, if it appears there was a mistake in charging proper offense,
court shall dismiss original info upon the filing of a corrected one, provided that the accused will
not be placed in double jeopardy (substitution)
à Fiscal determines direction of prosecution; complainant must ask fiscal if he wants to dismiss
the case; the motion to dismiss must be addressed to the court which has discretion over the
disposition of the case (Republic vs. Sunga)
à Objection to the amendment of an information or complaint must be raised at the time the
amendment is made; otherwise, deemed to have consented thereto.
15. Remedies
a. Motion to quash
à May be filed after arraignment but before plea on the grounds provided by the rules (generally,
a flaw in the info)
à If duplicity of offense charged is not raised in trial through a motion to quash info, the right to
question it is waived (People vs. Ocapan)
b. Motion to dismiss
à May be filed after plea but before judgment on most of grounds for motion to quash
à Defined as the joinder of separate and distinct offenses in one and the same
information/complaint
1. General Rule: The injured party may file a civil action independent of the criminal proceeding
to recover damages from the offender.
à Article 32 is a valid cause of a civil action for damages against public officers who impair the
Constitutional rights of citizens (Aberca vs. Ver)
à Even if the private prosecutor participates in the prosecution, if he is not given the chance to
prove damages, the offended party is not barred from filing a separate civil action
1. Waiver
2. Reservation of right to institute separate action
3. Institution of civil action prior to criminal action
à NOTE: Under SC Circular 57-97, all criminal actions for violations of BP Blg. 22 shall be deemed
to necessarily include the corresponding civil action, and no reservation to file such civil action
separately shall be allowed or recognized.
à San Ildefonso Lines vs. CA – past pronouncements of the SC that the requirement in Rule 111
that a reservation be made prior to the institution of an independent civil action is an
“unauthorized amendment” to substantive law is now no longer controlling. Far from altering
substantive rights, the primary purpose of the reservation requirement is to avoid multiplicity of
suits, to prevent delays, to clear congested dockets, to simplify the work of the trial court, and in
short, the attainment of justice with the least expense and vexation to parties-litigants.
3. Civil action suspended when criminal action filed, EXCEPT
1. The civil action involves an issue similar or intimately related to the issue raised in the criminal
action
2. The resolution of such issue will determine whether the criminal action will proceed or not
1. The civil action involves an issue similar or intimately related to the issue raised in the criminal
action: and
2. The resolution of such issue determines whether or not the criminal action may proceed
à Petition for suspension of criminal action is to be filed at any time before prosecution rests.
5. Remedies
a. Reservation of right to institute separate civil proceedings to recover civil liability arising from
crime
6. Extinction of penal action does not carry with it extinction of the civil unless the extinction
proceeds from a declaration in a final judgment that the fact from which the civil might arise did
not exist.
à Final judgment in civil absolving defendant from civil liability not a bar to criminal action
7. Filing fees:
à A preliminary investigation is only necessary for an information to be filed with the RTC;
complaints may be filed with the MTC without need of an information, which is merely
recommendatory (Tandoc vs. Resultan)
à Absence of a preliminary investigation is NOT a ground for a motion to quash the information;
an information filed without a preliminary investigation is defective but not fatal; in its absence,
the accused may ask for one; it is the fiscal’s refusal to conduct a preliminary investigation when
the accused demands one which is a violation of the rights of the accused (Doromal vs.
Sandiganbayan). Court should not dismiss the info, but hold the case in abeyance and either: (1)
conduct its own investigation; or (2) require the fiscal to hold a reinvestigation.
2. GENERAL RULE: The fiscal conducts the preliminary investigation before filing an information
with the RTC, EXCEPT where the accused is lawfully arrested without a warrant and an inquest is
conducted.
à Waived by failure to invoke the right prior to or at least at the time of the plea
5. Procedure
(c) MTC or MCTC judge, excluding MTC judge of Metro Manila or chartered cities
1. Investigating officer either dismisses complaint or asks by subpoena complainant and respondent
to submit affidavits and counter-affidavits
1. If the investigating officer finds prima facie evidence, he prepares an information and a
resolution
à i.e., if fiscal finds reasonable ground to believe that a crime has been committed and accused
is probably guilty thereof
à Prima facie evidence is that evidence which, standing alone, unexplained and uncontradicted,
would be enough to merit a conviction of the accused
à If the investigating officer is an MTC judge, and he finds that probable cause exists and that
there is a need to place the accused under custody, then he may issue a warrant of arrest
à Flores vs. Sumaling – What differentiates the present rule from the previous one is that while
before, it was mandatory for the investigating judge to issue a warrant for the arrest of the
accused if he found probable cause, the rule now is that the investigating judge’s power to order
the arrest of the accused is limited to instances in which there is a necessity for placing him in
custody “in order not to frustrate the ends of justice.” It is therefore error for the investigating
judge to order the issuance of a warrant of arrest solely on his finding of probable cause, without
making any finding of a necessity to place the accused in immediate custody to prevent a
frustration of justice.
1. Investigating officer forwards records to the city fiscal or chief state prosecutor
1. City fiscal or state prosecutor either dismisses the complaint or files the information in
court
1. If accused waives Art. 125, RPC and asks for a preliminary investigation, with the assistance of
counsel, then the procedure for one prior to arrest is followed
1. Inquest conducted as follows
(b) Fiscal determines existence of prima facie evidence based on the statements of the
complainant, arresting officer and witnesses
(c) Fiscal either dismisses the complaint and orders the immediate release of the accused, OR
prepares and files an information
à While fiscal has quasi-judicial discretion whether or not to file an information, once it is filed
with the court, the court acquires jurisdiction giving it discretion over the disposition of the case
and the Sec. of Justice should refrain from entertaining petitions for review or appeals from the
decision of fiscal (Crespo vs. Mogul; Velasquez vs. Undersecretary of Justice)
NOTE: Information may be filed by offended party, peace officer or fiscal without preliminary
investigation.
6. Remedies
à Must be with assistance of counsel and after waiving Art. 125, RPC
à Filed within 5 days after accused learns an information against him has been filed without a
preliminary investigation
d. Appeal to DOJ
à Filed upon denial of his motion for a preliminary investigation, on the ground that his rights to
due process of law were violated, ousting the court of jurisdiction
à Ordinarily, injunction will not lie but may be granted in certain cases
à Not all persons detained are arrested; only those detained to answer for an offense.
à “Invitations” are not arrests and are usually not unconstitutional, but in some cases may be
taken as commands (Babst vs. NBI); however, the practice of issuing an “invitation” to a person
who is investigated in connection with an offense he is suspected to have committed is considered
as placing him under “custodial investigation.” (RA 7438)
à Warrants of arrest remain valid until arrest is effected, or the warrant is lifted
b. When an offense has just been committed and the person making the arrest has personal
knowledge that the person to be arrested committed it
à Warrantless arrest anytime for a continuing offense like rebellion, subversion (Umil vs. Ramos)
à The continuing crime, not the crime finally charged, needs only be the cause of the arrest (Umil
vs. Ramos)
c. When person to be arrested is an escaped detainee (either serving sentence or with case
pending)
4. Procedure
a. With warrant
1. Complainant files application with affidavits attached
2. Judge conducts ex parte preliminary examination to determine probable cause
iv. If peace officer is unable to serve warrant 10 days after issuance, he must file a report and
explanation with judge within 10 days
v. If warrant served
b. Without warrant:
1. Person is arrested
1. Person arrested may waive right to Art. 125, RPC and ask for preliminary investigation or
inquest
à Fiscal is not judicial authority contemplated under Art. 125 (Sayo vs. Chief of Police)
1. Fiscal files info
1. Probable cause
2. Signed by judge
3. Specifically naming or particularly and sufficiently describing person to be arrested
à John Doe warrants are void for being general warrants (Pangandaman vs. Cesar)
6. Remedies
à Filed with any court, to effect immediate release of the person detained
à Filed when a person is being illegally detained (without judicial process), or was illegally
arrested (void warrant or unlawful warrantless arrest, or warrantless arrest beyond period with no
information filed)
à Filed with court which issued the warrant of arrest when the warrant of arrest is fatally flawed
à Filed with court when information against the person arrested has been filed
à Must be made in a “special appearance” before the court questioning only its lack of
jurisdiction over the person of the accused
à Otherwise, the voluntary appearance of the person arrested by filing a motion before the court
would be deemed a submission to the authority of the court, thus granting it whatever jurisdiction
it lacked over the person
à Any irregularity in the arrest is cured when the petitioner submits himself to the jurisdiction of
the court, e.g., by filing for bail (Bagcal vs. Villaraza)
7. V.V. Mendoza, “Rights to Counsel in Custodial Investigation”
à Before conviction by the RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment
4. When bail is discretionary (application filed with court where case is pending)
1. Upon conviction by RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment
2. Provisional liberty under same circs. but during period to appeal subject to consent of bondsman
3. In case he has applied for probation after final judgment, he may be allowed temporary liberty
under his bail or recognizance
5. Procedure
(1) Where information against him was filed or where case is pending
(2) Absent (1), in another branch of the same court within the province or city where he is held
(3) If arrested in another province, city or municipality, file with the RTC
7. Recognizance
1. Obligation of record entered into before some court of magistrate duly authorized to take it,
with the condition to do some particular act, the most usual condition in criminal cases being
the appearance of the accused for trial
2. Does not require signature of accused for trial
3. Does not require signature of accused to be valid
8. Prosecution witnesses may be required to post bail to ensure their appearance at the
trial, except:
1. Substitution of info (see R110, §14)
2. Court believes that material witness may not appear at the trial
9. When bail required under RA 6036 (violation of ordinance, light felony, criminal offense – not
higher that 6 month imprisonment and/or P2000 fine, or both)
1. a. Caught in flagrante
2. Confessed to commission of offense unless repudiated (force and intimidation)
3. Previously escaped, evaded sentence or jumped bail
4. Violation of Sec. 2 (fails to report to clerk of court periodically under his recognizance)
5. Recidivist, habitual delinquent previously convicted for an offense to which the law or ordinance
attaches an equal or greater penalty or for 2 or more offenses to which it attaches a lighter
penalty
6. Committed offense while on parole or under conditional pardon
7. Previously pardoned by municipal or city mayor for violation of ordinance for at least 2 times
1. Offense charged is a violation of an ordinance, a light felony or criminal offense the imposable
penalty to which does not exceed 6 months and or P2000 fine
2. Person has been in custody for a period equal to or more than the minimum of the imposable
principal penalty, without application of the Indeterminate Sentence Law or any modifying
circumstance
3. Accused has applied for probation and before the same has been resolved, but NO BAIL was filed
or accused is incapable of filing one
4. Youthful offender held for physical and mental examination, trial or appeal, if unable to furnish
bail
a. Upon application with the court and due notice to the fiscal
b. Automatic cancellation
1. Case is dismissed
1. Accused is acquitted
2. Accused is convicted and surrenders for execution of judgment
12. When bail cancelled or denied: after RTC imposes imprisonment exceeding 6 years, but not
more than 20 years, and:
à 30 days for bondsman to show cause why judgment should not be rendered against him
à Sureties guarantee only appearance of the accused, not his conduct (US vs. Bonoan)
à Sureties exonerated if appearance made impossible by an act of God, the obligee or the law (US
vs. Bonoan)
1. Within 30 days, produce the body or give reason for non-production AND
2. Explain satisfactorily the absence of the accused when first required to appear
15. Remedies
à For judge to set hearing for the determination of strength of evidence of guilt
17. Notes:
1. Posting bail waives the right to question any irregularity attending the arrest of a person
(Callanta vs. Villanueva). However, this does not result in waiver of the inadmissibility of the
articles seized incidentally to such illegal arrest.
2. Accused waived the right to question any irregularity in the conduct of the preliminary
investigation when he failed to do so before entering his plea (People vs. Dela Cerna)
3. Accused out on bail may be re-arrested if he attempts to depart from the Philippines without
prior court permission (warrantless arrest allowed).
Rule 115 Rights of Accused
à In an appeal from a conviction, the accused shall again be presumed innocent until and unless
his conviction is affirmed (Castillo vs. Felix)
à The right must be substantially complied with; arraignment and later proceedings must be in a
language the accused understands (People vs. Crisologo)
à If an accused escapes, he waives this right and merits a trial in absentia; the accused forfeits
his rights to be notified of proceedings in the future and to adduce evidence in his behalf (People
vs. Salas)
1. To testify as witness on his own behalf, subject to cross-examination on matters covered by
direct examination; not to be prejudiced by his silence
2. Not to be compelled to be a witness against himself
3. To confront and examine the witnesses against him, including the right to use in evidence
testimony of a witness
4. Who is deceased, out of or cannot with due diligence be found in the RP
1. Given in another proceeding
2. With the same parties
3. Same subject matter
4. Opportunity to cross-examine
à Prosecution has no privilege to withhold the identity of informers when such informer was
crucial in the operation itself; failure to present the informer is a denial of the right to confront
the witness which merits the reversal of the conviction (People vs. Bagano)
à Unreasonable postponements of trial amounts to a denial of the right to a speedy trial, entitling
the accused to mandamus to compel dismissal of the case, or to habeas corpus if he is detained
a. To due process
b. Against self-incrimination
à Right is limited to testimonies; ocular inspection of the body may be allowed (Villaflor vs.
Summers)
à Being informed of rights means a meaningful transmission of information, without which
confession made by the accused is inadmissible (People vs. Nicandro)
à Confessions obtained through coercion are inadmissible (People vs. Opida)
à Right against self-incrimination and to counsel do not apply during custodial investigation
(People vs. Ayson)
à During trial, the right against self-incrimination takes the following form:
3. Double jeopardy
c. Plea of guilty to a lesser offense without the consent of the fiscal and the offended party
5. Remedies
1. Motion to quash
2. Motion to dismiss
à Both filed on the ground of violation of accused’s rights, thereby ousting the court of
jurisdiction
6. NOTES:
No person shall be deprived of life, liberty or property without due process of law, nor shall any
person be denied the equal protection of the laws.
1. No person shall be held to answer for a criminal offense without due process of law.
2. In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved,
and shall enjoy the right to be informed of the nature and cause of the accusations against him,
to have a speedy, impartial and public trial, to meet the witnesses face to face, and to have
compulsory process to secure the attendance of witnesses and the production of evidence in his
behalf.
However, after arraignment, trial may proceed notwithstanding the absence of the accused
provided that he has been duly notified and that his failure to appear is unjustifiable.
All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-
judicial, or administrative bodies.
No person shall be twice put in jeopardy of punishment for the same offense.
If an act is punished by a law or ordinance, conviction or acquittal under either shall constitute a
bar to another prosecution for the same act.
1. Procedure
1. Court informs accused of his right to counsel and asks him if he wants one
2. Court appoints counsel de oficio if accused has none
à If no such member of the available, any person who is a resident of the province, of good
repute for probity and ability to defend accused
c. Court gives counsel time to confer with accused at least an hour before arraignment
à Period allowed for counsel de oficio to confer with accused must be substantially complied
with; if not, case may be remanded for re-arraignment (People vs. Gonzaga)
1. Accused given a copy of the information, which is read to him in a language he understands
2. Accused is asked whether he pleads guilty or not guilty
3. Accused files a motion to quash or makes plea
4. Accused personally makes his plea
5. Plea is entered into record
6. If accused makes plea of not guilty, counsel has at least 2 days to prepare for trial
à People vs. Agbayani – the right for 2 days to prepare must be expressly demanded. Only when
so demanded does denial thereof constitute reversible error and ground for new trial. Further,
such right may be waived, expressly or impliedly.
à NOTE, HOWEVER, under SC Circular 38-98 (implementing “Speedy Trial Act of 1997”), accused
must be given at least 15 days to prepare for trial, which shall commence within 30 days from
receipt of Pre-Trial Order.
à Statement in the judgment that the accused was arraigned and pleaded is sufficient; the
manner of statement of such fact is immaterial (People vs. Cariaga)
2. Kinds of plea
à Court conducts searching inquiry to determine if accused was aware of the charges, of his plea,
and its consequences
à Court requires prosecution to present evidence to prove guilt of accused and determine his
degree of culpability, and accused may still establish presence of mitigating circumstances in his
favor
à Plea of guilty not necessarily followed by conviction. Upon receipt of exculpatory evidence (if
accused pleaded guilty), trial court should consider the plea withdrawn and in its place, order the
plea of not guilty
à Plea of guilty waives only defects which may be taken advantage of by motion to quash or by
plea in abatement; cannot cure jurisdictional defects.
3. Effects
b. Improvident plea of guilty may be changed to not guilty any time before judgment is rendered
c. A plea of not guilty may not be changed to guilty, as doing so would only spare the prosecution
of presenting evidence and still result in the conviction of the accused.
4. Remedies
à Filed when the information is insufficient in form or is generally worded, that a Bill of
Particulars is necessary to clarify the acts for which the accused is being charged
b. Motion to quash
à Filed when the accused seems mentally unsound or if there is a prejudicial question in a
pending civil case
à May be filed at any time before judgment of conviction becomes final, when it can be shown
that the accused was not aware of the significance of pleading guilty to the charges
General Rule: Before entering plea; all grounds not raised deemed waived
Exception: The following grounds may be used in MTQ even after plea
1. No offense charged
2. Lack of jurisdiction over the offense charged
3. Extinction of the offense or of the penalty
4. Double jeopardy
3. Grounds
à For the info to charge a complex crime, it is not necessary that it be defined by law, only that
it alleges that one offense was necessary to commit the other (People vs. Alagao)
1. No territorial jurisdiction
2. No jurisdiction over offense charged may be raised at any time; no waiver considered even
upon failure to move to quash on such ground
3. No jurisdiction over person of the accused
à The court gained jurisdiction over the person of the accused when he voluntarily appeared for
the pre-suspension hearing (Layosa vs. Rodriguez)
c. Accused would be put in double jeopardy
à No waiver
à No double jeopardy if first case was dismissed with the consent of the accused (Que vs. Cosico),
unless ground for dismissal is: (a) denial of right to speedy trial; or (b) insufficiency of evidence.
à If the first case was dismissed due to a deficient information, then there was no valid
information and there could be no double jeopardy (Caniza vs. People)
à Cudia vs CA – it should be the Provincial Prosecutor of Pampanga, not the City Prosecutor, who
should prepare informations for offenses committed within Pampanga but outside Angeles
City. An information must be prepared and presented by the prosecuting attorney or someone
authorized by law. If not, the court does not acquire jurisdiction. Although failure to file a
motion to quash the information is a waiver of all objections to it insofar as formal objections to
pleadings are concerned, questions relating to want of jurisdiction may be raised at any stage of
the proceedings. Moreover, since the complaint or information was insufficient because it was so
defective in form or substance that conviction upon it could not have been sustained, its dismissal
without the consent of the accused cannot be pleaded as prior jeopardy, and will not be a bar to a
second prosecution.
d. More than one offense was charged, EXCEPT where law prescribes single punishment for
various offenses
à No waiver
à For charge to be complete, it is necessary to state that it was exempted from any amnesty
existing at the time
à Doctrine of “Jurisdiction by Estoppel”: depends upon whether the lower court actually had
jurisdiction or not. If it had no jurisdiction, but the case was tried and decided upon the theory
that it had jurisdiction, the parties are not barred on appeal, from assailing such jurisdiction, for
the same ‘must exist as a matter of law, and may not be conferred by consent of the parties or by
estoppel’. However, if the lower court had jurisdiction, and the case was heard and decided upon
a given theory, such, for instance, as that the court had no jurisdiction, the party who induced it
to adopt such theory will not be permitted, on appeal, to assume an inconsistent position — that
the lower court had jurisdiction. Here, the principle of estoppel applies. The rule that jurisdiction
is conferred by law, and does not depend upon the will of the parties, has no bearing thereon.
e. Bar to offense charged, attempt to commit the same or necessarily includes or is necessarily
included
à Conviction for physical injuries through reckless imprudence constitutes double jeopardy to the
charge of damage to property through reckless imprudence.
5. Procedure
1. MTQ filed
2. If based on defect in info which can be cured, court shall order its amendment
3. Quashing the info shall NOT be a bar to subsequent prosecution (accused has not pleaded yet),
EXCEPT when the ground is:
1. Double jeopardy OR
2. Extinction of criminal liability
6. Remedies
à If there was really no basis for the info, then such could be proved in the trial
à Upon denial of a MTQ, the proper remedy is to go on trial and later to appeal, if necessary;
mandamus or certiorari will only be granted if there is not other plain, simple and adequate
remedy
7. Failure to move to quash or to allege any ground therefor deemed a waiver of such
grounds, except:
1. Failure to charge an offense
2. Lack of jurisdiction over the offense charged
3. Extinction of the offense or of the penalty
4. Double jeopardy
Rule 118 Pre-Trial
1. Plea bargaining – process whereby the accused and the prosecution 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 some of the counts of a multi-count
indictment in return for a lighter sentence than that for the greater charge.
à Under “Speedy Trial Act of 1997”, in all criminal cases cognizable by the MTC, MCTC, MeTC,
RTC and Sandiganbayan, pretrial is mandatory.
à Under SC Circular 38-98, implementing the “Speedy Trial Act of 1997”, an accused may plea
guilty to a lesser offense only if said offense is necessarily included in the offense charged.
2. Stipulation of facts
à Facts which both parties and respective counsels agree on as evidenced by their signatures;
these facts need not be proved by evidence in trial
3. Pre-trial order – binds the parties, limits the trial to matters not yet disposed of, and controls
the course of action during the trial
4. Procedure