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RULES OF CRIMINAL PROCEDURE

Criminal Jurisdiction of Inferior Courts


1. violations of city or municipal ordinances committed within their respective territorial
jurisdiction; and
2. offenses punishable with imprisonment not exceeding 6 years irrespective of the
1. amount of fine
2. other imposable accessory or other penalties
3. civil liability arising from such offenses or predicated thereon, irrespective of kind,
nature, value or amount thereof
4. offenses involving damage to property through criminal negligence
US v. Bernardo, 19 Phil 265 (1911) – repealed by Legados case; Inferior courts have no jurisdiction to over
crimes that may require sentencing the accused to support the offspring from the crime, even if the period
of imprisonment is within the jurisdiction of the inferior court.
Legados v. de Guzman, 170 SCRA 357 (1989) MTC has exclusive original jurisdiction over all offenses where
the penalty imposable does not exceed 4 years and 2 months (now 6 years) regardless of other imposable
penalties and civil liability arising from such offense. Hence, the inferior courts have jurisdiction for simple
seduction, even if the accused might be required to support the offspring from the crime.
Jurisdiction of the Sandiganbayan
1. violations of the Anti-Graft and Corrupt Practices Act, Bribery under the RPC, forfeiture of
properties unlawfully acquired by public officers, where one or more of the accused are officials
occupying the following positions in the government, whether in a permanent, acting or interim
capacity, at the time of the commission of the offense:
1. Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade ’27’ and higher, specifically including:
1) Provincial governors, vice-governors, members of the sangguniang panlalawigan, and provincial
treasurers, assessors, engineers, and other city department heads;
2) City mayor, vice-mayors, members of the sangguniang panlungsod, city treasurers, assessors,
engineers, and other city department heads;
3) Officials of the diplomatic service occupying the position of consul and higher;

4) Philippine army and air force colonels, naval captains, and all officers of higher rank;

5) Officers of the PNP while occupying the position of provincial director and those holding the rank of
senior superintended or higher;

6) City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the
Ombudsman and special prosecutor;
7) Presidents, directors or trustees, or managers of GOCCs, state universities or educational institutions
or foundations.

1. Members of Congress and officials thereof classified as Grade ’27’ and higher
2. Members of the judiciary without prejudice to the provisions of the Constitution;
3. Chairmen and members of Constitutional Commission, without prejudice to the provisions of the
Constitution; and
4. All other national and local officials classified as Grade ’27’ and higher.
5. Other offenses of felonies whether simple or complexed with other crimes committed by the
public officials and employees mentioned in subsection a of this section in relation to their office.
6. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1, 2, 14
and 14-A, issued in 1986.

The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments, resolutions or order
of RTCs whether in the exercise of their own original jurisdiction or of their appellate jurisdiction as herein
provided.
The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance of the writs of
mandamus, prohibition, certiorari, habeas corpus, injunctions, and other ancillary writs and processes in aid
of its appellate jurisdiction and over petitions of similar nature, including quo warranto, Provided, That the
jurisdiction over these petitions shall not be exclusive of the Supreme Court.
[RULE 110] Criminal actions shall be instituted as follows:
(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and
Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed with the office of the prosecutor, unless otherwise provided in
their charters.

The institution of the criminal action shall interrupt the period of prescription of the offense charged unless
otherwise provided in special laws
General Rule: Criminal prosecution may not be restrained or stayed by injunction.

Exceptions:

1. to afford adequate protection to the constitutional rights of the accused


2. when necessary for the orderly administration of justice or to avoid oppression or multiplicity of
actions
3. when there is a pre-judicial question which is sub judice
4. when the acts of the officer are without or in excess of authority
5. where the prosecution is under an invalid law, ordinance or regulation
6. when double jeopardy is clearly apparent
7. where the court has no jurisdiction over the offense
8. where it is a case of persecution rather than prosecution
9. where the charges are manifestly false and motivated by the lust for vengeance
10. when there is clearly no prima facie case against the accused and a motion to quash on that
ground has been denied
11. to prevent the threatened unlawful arrest of petitioners

Complaint Information

Sworn statement Need not be sworn

Signed by the offended party, peace officer, or public Signed by the prosecutor [Abela v. Golez, 131
officer charged with the enforcement of the law SCRA 12]
violated

When public prosecutor participation is not enough (private offenses)

1. adultery
2. concubinage
3. seduction
4. abduction
5. acts of lasciviousness
6. defamation which consists in the imputation of private offenses
Note that rape is no longer a private offense. It may now be prosecuted even without the initiation of the
victim or her relatives.

Special rules for prosecution of private offenses


1. adultery and concubinage
1. complaint filed by the offended spouse (can not be filed by anyone else, even if the
offended spouse died)
2. offended party has not consented to the offense or pardoned the offenders.
3. including all living guilty parties
4. seduction, abduction, and acts of lasciviousness
1. complaint filed by
1) the offended party independently, unless she is incompetent or incapable
2) If the offended party is a minor and fails to file the complaint, successively and exclusively

a) her parents

b) grandparents, or

c) guardian

1. If the offended party dies or becomes incapacitated before she can file the complaint, and she
has no known parents, grandparents or guardian, the State shall initiate the criminal action in her
behalf.
2. the offender has not been expressly pardoned by any of them
3. defamation which consists in the imputation of private offenses – upon complaint filed by the
offended party
Note in private offenses, the State can possibly file a case independent of the offended parties only in
seduction, abduction and acts of lasciviousness. In adultery, concubinage, and defamation, the State can not
file a case without a complaint by the offended party.
Designation of the offense
1. Either
1. designation of the offense given by the statute, or
2. if there is no designation, reference to the section or subsection of the statute
punishing it
3. aver the acts or omissions constituting the offense
4. specify its qualifying and aggravating circumstances.
Cause of the accusation – The acts or omissions complained of as constituting the offense and the qualifying
and aggravating circumstances

1. must be stated in ordinary and concise language


2. not necessarily in the language used in the statute
3. in terms sufficient
1. to enable a person of common understanding to know
1) what offense is being charged

2) its qualifying and aggravating circumstances

1. for the court to pronounce judgment.


GR: Allegation that the offense was committed or some of its essential ingredients occurred at some place
within the jurisdiction of the court is sufficient.

Exceptions: the particular place where it was committed constitutes


1. an essential element of the offense charged or
2. is necessary for its identification
People v. Mabuyo, 63 SCRA 532 (1975) Unless place of commission is an essential element of the crime, the
accused may be convicted of a crime committed in a place other than the place alleged in the information,
as long as such other place is still within the jurisdiction of the court.
GR: Precise date the offense was committed not necessary.

Exception: When it is a material ingredient of the offense.

Rocaberte v. People, 193 SCRA 152 (1991)


Facts: Rocaberte was charged with theft allegedly committed in a period of 7 years (1977-1983). He moves
to quash on the ground that the information violated his right to be informed.

Held: A variance of several years in the allegations of the complaint is fatally defective and violative of the
constitutional right to be informed. However, the remedy is to move for a bill of particulars, not a motion to
quash.
GR: The person against whom or against whose property the offense was committed must be identified by

1. his name and surname, or


2. any appellation or nickname by which such person has been or is known, or
3. if the name of the offended party is unknown
1. a fictitious name; if true name subsequently ascertained, the true name shall be
inserted in the complaint or information and record
2. In offenses against property, the property must be described with such particularity
as to properly identify the offense.
3. averment that offended party is a juridical person or that it is organized in
accordance with law is not necessary
Amendments
1. before accused enters his plea
1. as to anything which does not downgrade the charge or exclude any accused –
without leave of court
2. downgrade the charge or excludes an accused –
1) upon motion by the prosecutor

2) with notice to the offended party

3) with leave of court


a) which shall state its reasons
b) served on all parties, especially the offended party

1. after arraignment but before judgment


1. only as to form – with leave of court and when it can be done without causing
prejudice to the rights of the accused.
2. wrong offense charged
1) the court shall dismiss the original case upon the filing of a new one charging the proper offense

2) provided the accused would not be placed in double jeopardy

The court may require the witnesses to give bail for their appearance at the trial.

In criminal procedure, venue is jurisdictional. In civil procedure, venue is procedural and may be waived.

Venue
1. the court of the municipality or territory where the offense was committed or where any of its
essential ingredients occurred.
2. if committed on board a vessel in the course of its voyage – the court of
1. the first port of entry or
2. any municipality or territory where the vessel passed during such voyage
3. if committed in any other vehicle in the course of its trip – the court of any
municipality or territory where said vehicle passed during its trip, including the place of
its departure and arrival.
4. Crimes committed outside of the Philippines but punishable under Article 2 of the
RPC shall be cognizable by the court where the criminal action is first filed.

RULE 111 – PROSECUTION OF CIVIL ACTION


Note that the provision requiring reservation of independent civil actions no longer exists.

GR: Civil action deemed instituted with the criminal action.

Exceptions: the offended party

1. waives the civil action


2. reserves his right to institute it separately
1. before the prosecution starts presenting its evidence and
2. under circumstances affording the offended party a reasonable opportunity to make
such reservation
3. institutes the civil action prior to the criminal action
Exception to the Exceptions – No reservation to file a separate civil action for

1. violations of BP 22 shall be allowed. The criminal action for violation of BP 22 shall be deemed
to include the corresponding civil action.
2. cases before the Sandiganbayan (Sec. 4, RA 8249)
No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but
any cause of action which could have been the subject thereof may be litigated in a separate civil action.

Where the civil action has been filed separately and trial thereof has not yet commenced

1. it may be consolidated with the criminal action upon application with the court trying the
criminal case
2. If the application is granted, the trial of both actions shall as consolidated the civil and criminal
actions.
Filing fees over

1. moral, nominal, temperate or exemplary damages


1. specified in the complaint or information – paid upon filing
2. not specified in the complaint or information – constitute a first lien on the
judgment awarding such damages.
3. actual damages – none, unless otherwise provided in these Rules, e.g. amount of
the check in violations of BP 22

Effect of criminal action on separate civil action


1. If criminal action has been commenced earlier – separate civil action cannot be instituted until
final judgment has been entered in the criminal action.
2. If the criminal action is filed after the separate civil action has already been instituted –
1. civil action suspended, in whatever stage it may be found before judgment on the
merits, until final judgment (de Leon: not after judgment is entered?) is rendered in the
criminal action.
2. civil action may, upon motion of the offended party, be consolidated with the
criminal action in the court trying the criminal action
1) evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal
action

2) without prejudice to the right of


a) the prosecution to cross-examine the witnesses presented by the offended party in the
criminal case and

b) [de Leon: why in the world would the prosecution cross-examine the witnesses of the
offended party? Aren’t they on the same side? I think this is a typographical error.]

c) the parties to present additional evidence.

3) the consolidated criminal and civil actions shall be tried and decided jointly.

1. During the pendency of the criminal action, the running of prescription of the civil action which
cannot be instituted separately or whose proceeding has been suspended shall be tolled.
2. GR: The extinction of the penal action does not carry with it extinction of the civil action.
3. Exception: there is a finding in a final judgment in the criminal action that the act or omission
from which civil liability may arise did not exist

PRELIMINARY INVESTIGATION (RULE 12)


Preliminary investigation – an inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.

GR: Preliminary investigation required

Exceptions: When preliminary investigation not required

1. Penalty is at most 4 years, 2 months


when accused was lawfully arrested without a warrant (Sec. 7, Rule 112)
Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure

1. If filed with the prosecutor


1. the procedure outlined in section 3(a) of Rule 112 shall be observed
2. The prosecutor shall act on the complaint based on the affidavits and other
supporting documents submitted by the complainant within 10 days from its filing.
3. If filed with the MTC, for an offense covered by this section
1. the procedure in section 3(a) of Rule 112 shall be observed
2. If within 10 days after the filing of the complaint or information, the
judge finds no probable cause after personally evaluating the evidence or after
personally examining in writing and under oath the complainant and his
witnesses in the form of searching questions and answers
1) he shall dismiss the same, or
2) require the submission of additional evidence, within 10 days from notice, to determine further the
existence of probable cause.

a) If the judge still finds no probable cause despite the additional evidence, he shall, within 10
days from its submission or expiration of the said period, dismiss the case.

b) When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if
the accused had already been arrested, and hold him for trial.

c) If the judge is satisfied that there is no necessity for placing the accused under custody, he
may issue summons instead of a warrant of arrest

ARREST (RULE 112)


An arrest is made by

1. an actual restraint of a person to be arrested, or


2. by his submission to the custody of the person making the arrest.
Procedure in execution of arrest warrants
1. The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within 10 days from its receipt.
2. Within 10 days after the expiration of the period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant.
1. If warrant was executed
1) the officer executing the warrant should arrest the accused and deliver him to the nearest police
station or jail without unnecessary delay.

2) No violence or unnecessary force shall be used in making an arrest.

3) The person arrested shall not be subject to a greater restraint than is necessary for his detention.

4) arrest may be made on any day and at any time of the day or night.

1. If there was failure to execute the warrant – the officer to whom it was assigned for execution
shall state the reasons therefore in his report
Instances of warrantless arrests – a peace officer or a private person may, without a warrant, arrest a
person
1. When, in his presence, the person to be arrested
1. has committed
2. is actually committing, or
3. is attempting to commit an offense;
4. When
1. an offense has just been committed and
2. he has probable cause to believe, based on personal knowledge of
facts or circumstances, that the person to be arrested has committed it
5. When the person to be arrested is a prisoner who has escaped
1. from a penal establishment or place where he is
1) serving final judgment or

2) temporarily confined while his case is pending

1. while being transferred from one confinement to another.


2. who escapes or rescued after being lawfully arrested (Rule 113, Sec. 13);
3. released on bail if he attempts to depart from the Philippines without leave of court

BAIL (RULE 114)


Bail – the security given for the release of a person in custody of the law, furnished by him or a bondsman,
to guarantee his appearance before any court

Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance

All kinds of bail are subject to the following conditions:

(a) The undertaking shall be effective upon approval, and unless cancelled, shall remain in force at all
stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the
case was originally filed in or appealed to it;

(b) The accused shall appear before the proper courts whenever required by the court or these Rules;

(c) The failure of the accused to appear at the trial without justification and despite due notice shall be
deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state the full name and address of the accused, the amount of the undertaking and
the conditions required by this section. Photographs (passport size) taken within the last six (6) months
showing the face, left and right profiles of the accused must be attached to the bail.

Bail, a matter of right; exception. – All persons in custody shall be admitted to bail as a matter of right,
with sufficient sureties, or released on recognizance as prescribed by law or this Rule (a) before or after
conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal
Circuit Trial Court, and (b) before conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment
The Constitutional right to bail ceases upon initial conviction. Pending appeal, the right to bail is merely
statutory. motion of any party, review the resolution of the Regional Trial Court after notice to the adverse
party in either case.

No person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the stage of the
criminal prosecution.
Bail, when discretionary. – Upon conviction by the Regional Trial Court of an offense not punishable by
death, reclusion perpetua, or life imprisonment, admission to bail is discretionary. The application for bail
may be filed and acted upon by the trial court despite the filing of a notice of appeal, provided it has not
transmitted the original record to the appellate court. However, if the decision of the trial court convicting
the accused changed the nature of the offense from non-bailable to bailable, the application for bail can only
be filed with and resolved by the appellate court.
Should the court grant the application, the accused may be allowed to continue on provisional liberty during
the pendency of the appeal under the same bail subject to the consent of the bondsman.

If the penalty imposed by the trial court is imprisonment exceeding six (6) years, the accused shall be
denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accused, of
the following or other similar circumstances:

(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by
the circumstance of reiteration;

(b) That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of
his bail without valid justification;

(c) That he committed the offense while under probation, parole, or under conditional pardon;

(d) That the circumstances of his case indicate the probability of flight if released on bail; or

(e) That there is undue risk that he may commit another crime during the pendency of the appeal.

The appellate court may, motu proprio or on

RIGHTS OF THE ACCUSED (RULE 115)


Rights of accused at the trial
1. to be presumed innocent until the contrary is proved beyond reasonable doubt.
2. to be informed of the nature and cause of the accusation against him.
3. to be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment.
1. The accused may waive his presence at the trial, unless his presence is specifically
ordered by the court for purposes of identification.
2. The absence of the accused without any justifiable cause at the trial of which he
had notice shall be considered a waiver of his right to be present thereat.
3. When an accused under custody escapes, he shall be deemed to have waived his
right to be present on all subsequent trial dates until custody over him is regained.
4. Upon motion, to defend himself in person when it sufficiently appears to the court
that he can properly protect his rights without the assistance of counsel.
5. to testify as a witness in his own behalf but subject to cross-examination on
matters covered by direct examination. His silence shall not in any manner prejudice
him;
6. to be exempt from being compelled to be a witness against himself.
7. to confront and cross-examine the witnesses against him at the trial. Either party
may utilize as part of its evidence
1. the testimony of a witness who is
1) deceased,

2) out of or cannot with due diligence be found in the Philippines,

3) unavailable, or

4) otherwise unable to testify,

1. given in another case or proceeding, judicial or administrative


1) involving the same parties and subject matter

2) the adverse party having the opportunity to cross-examine him.

1. to have compulsory process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
2. to have speedy, impartial and public trial.
3. to appeal in all cases allowed and in the manner prescribed by law

ARRAINGMENT AND PLES (RULE 116)


When arraignment conducted
1. if the accused is under preventive detention
1. his case shall be raffled and its records transmitted to the judge to whom the case
was raffled within 3 days from the filing of the information or complaint
2. arraigned within 10 days from the date of the raffle
3. pre-trial conference shall be held within 10 days after arraignment.
4. if the accused is not under preventive detention
1. the arraignment shall be held within 30 days from the date the court
acquires jurisdiction over the person of the accused, unless a shorter period is
provided by special law or SC circular
2. the time of the pendency of a motion to quash or for a bill of
particulars or other causes justifying suspension of the arraignment shall be
excluded in computing the period.

Procedure for arraignment


1. Before arraignment
1. the court shall inform the accused of his right to counsel and ask him if he desires
to have one. The court must assign a counsel de oficio to defend him unless the accused
(Sec. 6)
1) is allowed to defend himself in person or

2) has employed counsel of his choice

1. Counsel de oficio shall be given a reasonable time to consult with the accused as to his plea
before proceeding with the arraignment. (Sec. 8)
2. accused may move for a bill of particulars which shall specify
1) the alleged defects of the complaint or information and

2) the details desired. (Sec. 9)

1. accused may move for production or inspection of material evidence in possession of


prosecution (Sec. 10)
2. accused may move to suspend the arraignment (Sec. 11)
3. made in open court by the judge or clerk of the court where the complaint or information was
filed or assigned for trial
1. furnishing the accused with a copy of the complaint or information
2. reading the same in the language or dialect known to him, and
3. asking him whether he pleads guilty or not guilty
4. accused must be present at the arraignment and must personally enter his plea.
5. When the accused refuses to plead or makes a conditional plea, a plea of not guilty
shall be entered for him.
6. Both arraignment and plea shall be made of record, but failure to do so shall not
affect the validity of the proceedings.
7. The private offended party shall be required to appear at the arraignment for
purposes of plea-bargaining, determination of civil liability, and other matters requiring
his presence.
8. In case of failure of the offended party to appear despite due notice, the court may
allow the accused to enter a plea of guilty to a lesser offense which is necessarily
included in the offense charged with the conformity of the trial prosecutor alone.
9. The prosecution may call at the trial witnesses other than those named in the
complaint or information.
10. When the accused pleads guilty but presents exculpatory evidence, his plea shall
be deemed withdrawn and a plea of not guilty shall be entered for him.

Requisites for a plea of guilty to a lesser offense


1. the lesser offense is necessarily included in the offense charged
2. with the consent of the
1. the prosecutor and
2. offended party, unless fails to appear at the arraignment
3. if after arraignment but before trial – withdrawal of his plea of not guilty; no
amendment of the complaint or information is necessary (Escolin: under the old Rules,
accused may not change his plea after arraignment)
4. if guilty plea is to a capital offense – the court shall
1. conduct a searching inquiry into
1) the voluntariness and

2) full comprehension of the consequences of his plea

1. shall require the prosecution to prove his guilt and the precise degree of culpability
2. allow the accused to present evidence in his behalf.
When the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties to
determine the penalty to be imposed.

Requisites for withdrawal of guilty plea


1. guilty plea was improvident
2. before the judgment of conviction becomes final
3. substituted by a plea of not guilty
When arraignment may be suspended
1. accused appears to be suffering from an unsound mental condition which effectively renders
him unable
1. to fully understand the charge against him and
2. to plead intelligently thereto
3. there exists a prejudicial question; and
4. a petition for review of the resolution of the prosecutor is pending at either the
DoJ, or the OP; provided, that the period of suspension shall not exceed 60 days
counted from the filing of the petition with the reviewing office
Note that the new rules now require the civil case be filed before the criminal case in order for a prejudicial
question to exist.

MOTION TO QUASH (RULE 117)


Grounds for a motion to quash an information
1. facts charged do not constitute an offense;
2. court trying the case has no jurisdiction over the offense charged;
3. court trying the case has no jurisdiction over the person of the accused;
4. officer who filed the information had no authority to do so;
5. it does not conform substantially to the prescribed form;
6. more than one offense is charged, except when a single punishment for various offenses is
prescribed by law;
7. criminal action or liability has been extinguished;
1. By the death of the convict, as to the personal penalties; as to pecuniary penalties,
liability therefor is extinguished only when the death of the offender occurs before final
judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended woman in
1) Seduction

2) abduction or

3) acts of lasciviousness (Art. 344 RPC)


1. it contains averments which, if true, would constitute a legal excuse or justification; and
2. the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent.

Court may order amendment of information if the motion to quash is based on


1. an alleged defect of the complaint or information which can be cured by amendment
2. the ground that the facts charged do not constitute an offense
The motion to quash 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.

GR: If the motion to quash is sustained, the court may order that another complaint or
information be filed
Exception: The ground for motion to quash is
1. criminal action or liability has been extinguished;
2. the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent.
If the court quashes the information

1. the accused, if in custody, shall not be discharged


1. if the court orders another complaint or information be filed, and accused has not
been admitted to bail
2. If no order is made, but the accused is also in custody for another charge.
3. accused shall be discharged if
1. the court orders another complaint or information be filed, but
1) the accused has been admitted to bail

2) no new information is filed within

a) the time specified in the order or

b) such further time as the court may allow for good cause

1. If no order is made, and the accused is not in custody for another charge

Requisites for double jeopardy


1. an accused has been
1. convicted or
2. acquitted, or
3. without his express consent, the case against him was
1) dismissed or

2) otherwise terminated

1. by a court of competent jurisdiction


2. upon a valid complaint or information or other formal charge sufficient in form and substance to
sustain a conviction and
3. after the accused had pleaded to the charge
4. subsequent prosecution for
1. the offense charged, or
2. any attempt to commit the same or frustration thereof, or
3. any offense which necessarily includes or is necessarily included in the offense
charged in the former complaint or information.
Exceptions to double jeopardy: 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 if:

1. the graver offense developed due to supervening facts arising from the same act or omission
constituting the former charge;
2. the facts constituting the graver charge became known or were discovered only after a plea was
entered in the former complaint or information; or
3. the plea of guilty to the lesser offense was made without the consent of the prosecutor and of
the offended party, except when the offended party fails to appear at the arraignment, in which
case the consent of the prosecutor alone is enough [Sec 1(f) of Rule 116]

GR: The failure of the accused to assert any ground of a motion to quash before he pleads to the complaint
or information, either because he did not file a motion to quash or failed to allege the same in said motion,
shall be deemed a waiver of any objections

Exceptions:

1. the facts charged do not constitute an offense;


2. the court trying the case has no jurisdiction over the offense charged;
3. the criminal action or liability has been extinguished;
4. the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent
de Leon: Extinguishment of criminal liability or action and double jeopardy are not waived by failure to raise
in a motion to quash, and are also bars to re-filing of the information or complaint. Though the ground of
failure to charge an offense or no jurisdiction over subject matter may be raised at any time, it is not a bar
to re-filing of the information.

PRE-TRIAL (RULE 118)

Civil Pre-trial Criminal Pre-trial

Presence of defendant and counsel mandatory Accused need not be present, but his counsel
must be present, otherwise he may be sanctioned

Amicable settlement is discussed Amicable settlement is not discussed, unless the


criminal case is covered by summary procedure

Agreement need not be in writing; included in pre- Agreements or admissions must be written and
trial order signed by the accused and counsel to be
admissible against him.

Can have proffer of evidence No proffer of evidence; proffer of evidence only


after trial

Pre-trial is now mandatory in all criminal cases

1. after arraignment, the court shall order a pre-trial conference


1. within 30 days from the date the court acquires jurisdiction over the person of the
accused
2. unless a shorter period is provided for in special laws or circulars of the Supreme
Court
3. matters considered in pre-trial
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; and
6. such matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case.

TRIAL (RULE 119)


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.

Periods of delay excluded in computing the time within which trial must commence
1. resulting from other proceedings concerning the accused, e.g.
1. examination of the physical and mental condition of the accused;
2. proceedings with respect to other criminal charges against the accused;
3. extraordinary remedies against interlocutory orders;
4. pre-trial proceedings; provided, that the delay does not exceed 30 days;
5. orders of inhibition
6. proceedings relating to change of venue of cases or transfer from other courts;
7. finding of existence of a prejudicial question; and
8. reasonably attributable to any period, not to exceed 30 days, during which any
proceeding concerning the accused is actually under advisement.
9. resulting from an essential witness’
1. absence
1) his whereabouts are unknown or

2) his whereabouts cannot be determined by due diligence

1. unavailability – his whereabouts are known but his presence for trial cannot be obtained by due
diligence.
2. resulting from the mental incompetence or physical inability of the accused to stand trial.
3. from the date the charge was dismissed upon motion of the prosecution, to the date the time
limitation would commence to run as to a subsequent charge had there been no previous charge
4. A reasonable period of delay when the accused is joined for trial with a co-accused
1. over whom the court has not acquired jurisdiction, or
2. as to whom the time for trial has not run and no motion for separate trial has been
granted.
3. resulting from a continuance granted by any court on the ground that the ends of
justice served by taking such action outweigh the best interest of the public and the
accused in a speedy trial
1. motu proprio, or
2. on motion of
1) either the accused or his counsel, or

2) the prosecution
Trial schedule
1. after consultation with the prosecutor and defense counsel, the court shall set the case for
continuous trial on a weekly or other short-term trial calendar at the earliest possible time so as to
ensure speedy trial.
2. In no case shall the entire trial period exceed 180 days from the first day of trial, except as
otherwise authorized by the Supreme Court.
3. 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.
4. 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.

If the accused is not brought to trial within the time limit


1. the information may be dismissed on motion of the accused on the ground of denial of his right
to speedy trial
2. accused shall have the burden of proving the motion
3. the prosecution shall have the burden of going forward with the evidence to establish the
exclusion of time
4. The dismissal shall be subject to the rules on double jeopardy.
Failure of the accused to move for dismissal prior to trial shall constitute a waiver of such ground to dismiss.

Order of trial (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)
1. prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.
2. accused may present evidence to prove his defense and damages, if any, arising, from the
issuance of a provisional remedy in the case.
3. 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.

Requisites for state witness


1. absolute necessity for the testimony
2. no other direct evidence available
3. the testimony can be substantially corroborated in its material points;
4. the said accused does not appear to be the most guilty; and
5. the said accused has not at any time been convicted of any offense involving moral turpitude.

Demurrer to Evidence in Criminal Cases Demurrer to Evidence in Civil Cases

ground is: Insufficient evidence Ground is: Facts and law shown by plaintiff no
right to relief

On motion or motu proprio On motion

When motion is filed without leave of court – If denied – he has right to present evidence, no
waiver of right to present evidence; If with leave prior leave of court required
of court, the accused may adduce evidence in his If granted but reversed on appeal – it is a waiver
defense of the right to present evidence

JUDGMENT (RULE 120)


Judgment – the adjudication by the court that the accused is guilty or not guilty of the offense charged and
the imposition on him of the proper penalty and civil liability, if any.

Form of judgment

1. written in the official language


2. personally and directly prepared by the judge
3. signed by him
4. contain clearly and distinctly a statement of the facts and the law upon which it is based
Contents of the judgment
1. If of conviction
1. the legal qualification of the offense constituted by the acts committed by the
accused and the aggravating or mitigating circumstances which attended its commission
2. the participation of the accused in the offense, whether as principal, accomplice, or
accessory
3. the penalty imposed upon the accused; and
4. the civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any, unless the enforcement of the
civil liability by a separate civil action has been reserved or waived.
5. If of acquittal
1. whether the evidence of the prosecution
1) absolutely failed to prove the guilt of the accused or

2) merely failed to prove his guilt beyond reasonable doubt


1. In either case, the judgment shall determine if the act or omission from which the civil liability
might arise did not exist.

An offense is said to necessarily include another if the essential elements or ingredients of the former
constitute the latter.

An offense is said to be necessarily included in another if the essential elements or ingredients of the former
constitute or form part of those constituting the latter.

NEW TRIAL OR RECONSIDERATION (RULE 121)

MNT or MfR in Criminal Cases MNT or MfR in Civil Cases

Either on motion of accused, or the court motu Must be upon motion of a party, can’t be motu
proprio with consent of the accused proprio

Grounds for MNT – errors of law or irregularities Grounds for MNT – FAME, or newly discovered
committed during the trial, or newly discovered evidence
evidence

Ground for MfR – error of law or fact Grounds for MfR – Excessive damages,
insufficient evidence, or decision is contrary to
law

Filed any time before judgment of conviction Filed within the period for taking an appeal
becomes final

Should include all the grounds then available and


those not so included shall be deemed waived.

When granted, the original judgment is always There may be partial grant
set aside or vacated and a new judgment
rendered

2nd MfR not allowed; 2nd MNT may be allowed on


evidence not available before

APPEAL (RULE 122)


The only instances when an appeal to the SC is by notice of appeal

1. the penalty imposed is reclusion perpetua, or life imprisonment, or


2. where a lesser penalty is imposed but for offenses committed on the same occasion or which
arose out of the same occurrence that gave rise to the more serious offense for which the penalty
of death, reclusion perpetua, or life imprisonment is imposed

Notwithstanding perfection of the appeal, the RTC and the inferior courts may allow the appellant to
withdraw his appeal before the record has been forwarded by the clerk of court to the proper appellate
court, in which case the judgment shall become final.

The RTC may also, in its discretion, allow the appellant from the judgment of an inferior court to withdraw
his appeal, provided a motion to that effect is filed before rendition of the judgment in the case on appeal, in
which case the judgment of the court of origin shall become final and the case shall be remanded to the
latter court for execution of the judgment.

SEARCH AND SEIZURE (RULE 126)


A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to search for personal property described therein and bring
it before the court.
Court where application for search warrant shall be filed
1. if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.
2. any court within whose territorial jurisdiction a crime was committed.
3. For compelling reasons stated in the application, any court within the judicial region
1. where the crime was committed, if the place of the commission of the crime is
known, or
2. where the warrant shall be enforced.
Requisites for issuing search warrant – A search warrant shall not issue except upon
1. probable cause
2. in connection with one specific offense
3. determined personally by the judge
4. after examination under oath or affirmation of the complainant and the witness he may
produce, and
5. particularly describing the place to be searched and the things to be seized
Requisites for arrest warrant issued by a RTC judge

1. Within 10 days from the filing of the complaint or information


2. the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.
3. If he finds probable cause, he shall issue a warrant of arrest
4. In case of doubt on the existence of probable cause
1. the judge may order the prosecutor to present additional evidence within 5 days
from notice and
2. the issue must be resolved by the court within 30 days from the filing of the
complaint of information.
A search warrant shall be valid for 10 days from its date. Thereafter, it shall be void.

Criminal Jurisprudence Definition of Terms


Abandonment - a parent or guardian leaving a child without adequate supervision for the child's needs for an
excessive period.

Acquittal - a verdict after a trial that a defendant in a criminal case has not been proven guilty beyond reasonable
doubt of the crime charged.

Action - lawsuit brought by one or more individuals seeking redress for or prevention of a wrong or protection of a
right.

Actus reus - proof that a criminal act has occurred.

Adjudicated - settled in a court of law.

Adjudicated father - man determined by the court to be the father usually through a court action and genetic testin

Adjudication - giving or pronouncing a judgment or decree; also the judgment given. Decision made by a court or
administrative agency with respect to a case.

Administrative documentation - records such as case-related conversations, evidence receipts, description of


evidence packaging and seals, and other pertinent information.

Administrative review - an evaluation of the case report and supporting documentation for consistency with
laboratory policies, editorial correctness and compliance with the submission request.

Admissible - evidence that can be legally and properly introduced in a civil or criminal trial.

Adoption - legal proceeding in which an adult takes as his/her lawful child an individual usually a minor who is no
adoptive parents or natural offspring.

Adversary system - trial methods in which opposing parties are given full opportunity to present and establish the
evidence and to test by cross-examination the evidence presented by their adversaries under established rules of
procedures before an impartial judge.

Affidavit - a sworn statement by a witness.

Affirmative defense - without denying the charge, defendant raises extenuating or mitigating circumstance such as
insanity, self-defense, or entrapment to avoid civil or criminal responsibility.
Affirmed - in the practice of the appellate court, the word means that the decree or order at issue is declared valid a
will stand as rendered in the lower court.

Amicus curiae - friend of the court, a person who petitions the court for permission to provide information to the c
on a matter of law that is in doubt or one who is not a party to a lawsuit but who is allowed to introduce evidence,
arguments or authority to protect one's interest.

Appeal - a request by the losing party in a lawsuit that the judgment be reviewed by a higher court. Request to a hi
court to change the decision of a trial court, usually appeals are made and decided on questions of law only. Issues
fact are left to the trial judge discretion.

Arraignment - in a criminal case, the proceeding in which an accused person is brought before a judge to hear the
charges filed against him or her and to enter a plea of guilty or not guilty.

Arrest - process of taking a person into custody.

Assault - intentional display of force that would give the victim reason to fear or expect immediate bodily harm.

Attest - to bear witness; to affirm as true or genuine.

Attorney-at-law - an officer in a court of justice who is employed by a party in a case to manage it for him.

Bail - money or security given to secure a person's release from custody which is at risk should he/she subsequentl
fail to appear before the court.

Bail bond - the obligation signed by the accused to secure his/her presence at the trial which he/she may lose by no
properly appearing for trial.

Bailiff - a court attendant who keeps order in the court room.

Bar - the term means the whole body of lawyers. Historically, the partition separating the general public from the s
occupied by the judge's, lawyers, and other participants in a trial.

Battered woman syndrome - a collection of symptoms that are manifest in women who have suffered prolonged a
extensive abuse from their spouses.

Beyond reasonable doubt - the standard in a criminal case requiring that court be satisfied to a moral certainty tha
every element of a crime has been proven by the prosecution, all reasonable doubt are removed from the mind of th
ordinary person.

Bill of Particulars - a statement used to inform the defense of the specific occurrences intended to be investigated
trial and to limit the course of evidence to the particular scope of the inquiry. An amplification of the pleading.

Booking - the process of photographing, fingerprinting, and recording identifying data of a suspect following arres

Brief - a written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case an
the applicable law.

Brutalization - the proposition that the use of capital punishment actually increases the crime rate by sending a
message that it is acceptable to kill those who have wronged us.

Capital crime - a crime punishable by death.

Case law - law created as a by-product of a court decisions made in resolving unique disputes as distinguished from
statutory law.

Case records - all notes, reports, custody, records, charts, analytical data, and correspondence generated pertaining
particular case.

Caveat - a warning; a note of caution.

Certification - procedure by which a certifying body formally recognizes that a body or person complies with give
qualifications.

Chambers - a judge's private office.

Child abuse - act of commission that is not accidental and that harms or threatens to harm a child's physical or men
health or welfare.

Child neglect - failure of a parent or other person legally responsible for a child's welfare to provide for the child's
basic needs and a proper level of care with respect to food, clothing, shelter, hygiene, medical attention, or supervis
Child neglect is an act of omission.

Circumstantial evidence - that evidence that only suggests an association with a past occurrence. Any evidence in
case for which an inference is needed to relate it to the crime. Not observed by an eyewitness. Fact from which ano
fact can be reasonably inferred.

Civil commitment - the legal proceeding by which a person who is mentally ill and imminently dangerous is
involuntarily committed to a psychiatric hospital.

Closing argument - also known as final argument, attorney's final statement to the court summing up the case and
point proven as well as those points not proven by opposing counsel.

Common law - body of law based on judicial decisions (precedents or customs and usage) generally derived from
justice, reason and common sense rather than legislative enactments.

Competency - possession of characteristics that qualify a witness to observe, recall, and testify under oath; persona
qualification of the witness to give testimony which differs from the witness ability to tell the truth.

Complainant - the party who complain or sues, one who applies to the court for legal redress, also called the plain

Concur - to agree with the judgment of another. When one court concurs with another, it agrees with or follows the
precedent set by that court's decision.

Concurrent sentence - sentences for more than one violation that are to be served at the same time rather that one
the other.

Confession - an oral or written statement acknowledging guilt.

Consent search - exception to the requirement for a search warrant; written or oral permission is required from a
person with authority to give it.

Conspiracy - a combination of two or more person whose purpose is to commit unlawful or criminal act or to com
a lawful act by criminal means.

Contempt of court - willful disobedience of a judge's command or of an official court order.

Continuance - court order that postpones legal action, such as a court hearing until later time.

Conviction - a judgment of guilt against a criminal defendant.

Corpus delicti - the proof that a crime has been committed, consisting of two components 1. that each element of t
crime be satisfied 2. that someone is responsible for inflicting the injury or loss sustained.
- Body of the crime.

Court martial - military tribunal that has jurisdiction over offenses against laws of the service in which the membe
engaged. Military status is not sufficient, the crime must be service connected.

Court order - directive issued by the court, and is enforceable as law; written command or directive given by the
judge.

Court of Appeals - a court that hears an appeal after a trial court has made a judgment.

Criminal prosecution - process that begins with the filing of charges against a person who has allegedly violated
criminal law and includes the arraignment and trial of the defendant. Criminal prosecution may result in fine,
restitution, imprisonment, or probation.

Cross-examination - the questioning of a witness produced by the other side.

Custody hearing - legal process, usually in family and juvenile court, to determine who has the right

Damages - money awarded by a court to a person injured by the unlawful act or negligence of another person.

Dauber test - a standard for determining the reliability of scientific expert testimony in court currently adopted by
many jurisdictions. Five factors are utilized to assess the scientific theory or technique testing of theory, use of
standards and control, peer review, error rate, and acceptability in the relevant scientific community.

Decision - the judgment reached or given by a court of law.


Default judgment - a decision of the court against the defendant because of failure to respond to a plaintiff's action

Defendant - in a civil case, the person being sued. In a criminal case, the person charged with a crime.

Deposition - oral or written testimony under oath but outside the court room.

Detention - temporary confinement of a person by a public authority.

Diminished capacity - a variation of the insanity defense that is applicable if the defendant lacks the ability to
meaningfully premeditate the crime.

Direct evidence - proof of facts by witnesses who saw acts done or heard words spoken as distinguished from
circumstantial or indirect evidence. Information offered by witnesses who testify about their own knowledge of the
facts.

Direct examination - the first questioning of witnesses by the party in whose behalf they are called.

Direct questions - queries that are phrased in a positive and confident manner, are stated clearly and address the to
in a forthright manner.

Discovery - a pre-trial procedure by which one party can obtain vital facts and information material to the case to a
in preparation for the trial. The purpose of discovery is to make for a fair trial and to allow each party to know wha
document and information the opponents has in its possession.

Dismissal - action by the court that removes the court's jurisdiction over a given case.

Diversion - the process of removing some minor criminal, traffic or juvenile cases from the full judicial process on
condition that the accused undergo some sort of rehabilitation or make restitution for damages. Diversion may take
place before the trial or its equivalent.

Docket - a list of cases to be heard by the court.

Double jeopardy - putting a person on trial more than once for the same crime.

Dying declaration - a statement made just prior to death with the knowledge of impending death. Also called ante-
Morten statement.

Element of a crime - specific factors that define a crime, every element of which the prosecution must prove beyo
reasonable doubt in order to obtain a conviction.

Entrapment - an act by enforcement agencies that lures an individual into committing a crime not otherwise
contemplated for the purpose of prosecuting him/her.

Evidentiary standards - guidelines used in examining evidence to determine whether it has been legally collected
whether it is factual and legally proves or is relevant to the case being heard.
Ex-parte order - an order issued by a judge on its own.

Exclusionary rule - the rules that defines whether evidence is admissible in a trial.

Exigent circumstances - exception to the requirement for a search warrant when there is no time to get a warrant a
failure to search will lead to destruction or concealment of evidence, injury to police or others, or escape of the sus

Expert testimony - statements given to the court by witnesses with special skills or knowledge in some arts, scienc
profession, or technical area. Experts educate the court by assisting it in understanding the evidence or in determini
an issue of fact.

Expert witness - a legal term used to describe a witness who by reason of his/her special technical training or
experience is permitted to express an opinion regarding the issue or a certain aspect of the issue that is involve in a
court action.

Expunge - to strike out, obliterate, or mark for deletion from the court record.

Extradition - the process by which one state surrenders to another state a person accused or convicted of a crime i
other state.

Felony - a crime of a graver nature than a misdemeanor, usually punishable by imprisonment in a penitentiary for m
than a year or a substantial fine.

Fence - a person in the business of buying stolen goods, usually for resale; to buy or sale stolen goods.

Fraud - an intentional misrepresentation or deception employed to deprive another of property or a legal right or to
otherwise do them harm.

Frye standard - a set of standards set by the court of appeals of the district of Columbia in 1923 in the U.S in Frye
the United states. The standards in general define when a new scientific test should be admissible as evidence in th
court system.

Frye test - a test emphasizing that the subject of an expert witness's testimony must conform to a generally accepte
explanatory theory.

Gag order - a trial judge's order to attorney's and witnesses not to talk to the press about the case.

Gault decision - land mark U.S. Supreme Court decision affirming that juveniles are entitled to the same due proce
rights as adults the right to counsel, the right to notice of the charges, the right to confront and cross-examine a wit
the right to remain silent, and the right to subpoena witnesses in defense.

Habeas corpus - a writ that commands that a person be brought before a judge. A writ of habeas corpus is a legal
document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his o
detention.
Hearing - judicial or legal examination of the issues of law and fact between the parties.

Hearsay - a statement made during a trial or hearing that is not based on the personal, first-hand knowledge of the
witness. Statement made out of court and offered in court to support the truth of the facts asserted in the statement.

Hearsay rule - the regulation making a witness's statement inadmissible if it is not based on personal knowledge
unless it falls within certain exceptions.

Holographic document - any document completely written and signed by one person. A holographic may be prob
without anyone having witnessed its execution.

Hostile witness - a witness whose testimony is not favorable to the party who calls him or her as witness.

Immunity - grant by the court in which someone will not face prosecution in return for providing criminal evidenc

Inadmissible evidence - the testimony/evidence that the judge rules as not proper and hence instructs its disregard

Incompetency - lacking the physical, intellectual, or moral capacity or qualification to perform a required duty.

Indeterminate sentence - a sentence of imprisonment to a specified minimum and maximum period of time,
specifically authorized by statute, subject to termination by a parole board or other authorized agency after the pris
has served the minimum term.

Infraction - a violation of law not punishable by imprisonment. Minor traffic offenses are generally considered
infractions.

Injunction - a preventive measure by which a court orders a party to refrain from doing a particular act. A prelimin
injunction is granted provisionally until a full hearing can be held to determine if it should be made permanent.

Interrogatories - set of specialized questions sent by one attorney to another concerning requested information of
respective clients relevant to the case.

Judgment - the final disposition of a case.

Judgment, default - default judgment is rendered because of the defendant's failure to answer or appear.

Judgment, summary - summary judgment is given on the basis of pleadings, affidavits, and exhibits presented for
record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is ent
to judgment as a matter of law.

Judicial review - authority of a court to review the official actions of other branches of government, also the autho
to declare unconstitutional the actions of other branches.

Jurisdiction - the nature and scope of a court's authority to hear or decide a case. Inherent power and authority of a
particular court to hear and determine cases.
Justice - fairness, providing outcomes to each party in line with what they deserve.

Juvenile - characteristic of youth, youth means under 18 years of age.

Juvenile court - a court which decides criminal charges brought against children less than 18 years of age.

Leading question - a question that suggest the answer desired of a witness. A party generally may not ask one's ow
witness leading questions, leading questions may be ask only of hostile witnesses and on cross-examination.

Legal custody - right and responsibility to make the decisions regarding the health, education and welfare of a
child/person.

Liable - responsible or answerable for some action.

Litigation - a case, controversy, or lawsuit.

Malfeasance - the commission of an unlawful, wrongful act; any wrongful conduct that affects, interrupts, or inter
with the performance of official duties.

Malpractice - improper or unethical conduct by the holder of a professional or official position.

Mass murder - a murder incident in which several victims are killed simultaneously or within a relatively short pe
of time in the same general area.

Miranda warning - requirements that police tells a suspect in their custody of his/her constitutional right before th
question him. Result of the Miranda vs. Arizona ruling. Law enforcement procedure that forewarns suspects of thei
right to remain silent when in police custody. Violation of this right makes the suspect's confession inadmissible in
evidence.

Misdemeanor - criminal offenses considered less serious than felonies. Misdemeanor are generally punishable by
or a limited local jail term in the local jail.

Mistrial - a trial that is terminated before its normal conclusion and declared invalid prior to judgment.

Mitigating circumstance - factors such as age, mental capacity, motivation, or duress which lessens the degree of
in a criminal offense and thus the nature of the punishment.

M'naghten rule - the test applied for the defense of insanity. Under this test, an accused is not criminally responsib
suffering from a mental disease or defect at the time of committing the act and not understanding the nature and qu
of the act or that what was done was wrong.

Moot - is one not subject to a judicial determination because it involves an abstract question or a pretended controv
that has not yet actually arisen or has already passed.

Motion - an application for a rule or order, made to a court or judge. An application to the court requesting an orde
a rule in favor of the applicant.
Objection - the process by which one party takes exception to some statement or procedure. An objection is either
sustained or overruled by the judge. If the judge overrules the objection, the witness may answer the question. If th
judge sustains the objection, the witness may not answer the question.

Omnibus hearing - hearing held in criminal court to dispose of appropriate issues such as whether evidence is
admissible before trial so as to ensure a fair and expeditious trial and avoid a multiplicity of court appearances.

Opening statements - not part of the evidence, these orations made by the lawyers on each side gives an overview
the evidence that will be presented during the trial.

Opinion - conclusion reported by a witness who qualified as an expert on a given subject.

Order - any written directive of a court or judge other than a judgment.

Order to show cause - order to appear in court and present reasons why a particular order should not be executed.

Overrule - judge's decision not to allow an objection. Decision by a higher court finding that a lower court

Pardon - a form of executive clemency removing or extinguishing criminal convictions.

Physical evidence - any tangible article that tends to prove or disprove a point in question.

Plain view - an exception to the requirement for a search warrant, when there is an evidence of a crime in plain v
by a person who sees it lawfully.

Plaintiff - the complaining party in litigation.

Plea - in a criminal proceeding, it is the defendant's declaration in open court that he or she is guilty or not guilty. T
defendant's answer to the charges made in the information.

Plea bargaining - the process through which an accused person and a prosecutor negotiate a mutually satisfactory
disposition of a case.

Preliminary hearing - in criminal law, the hearing at which a judge determines whether there is sufficient evidenc
against a person charged with a crime to warrant holding him or her for trial.

Preponderance of evidence - the standard for a judgment in a civil suit, the evidence for one side outweighs that o
other even a slight margin.

Presumption - an inference resulting from a rule of law or the proven existence of a fact that requires such rule or
action to be established in the action.

Pre-trial conference - a meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in th
suit, agree on what will be presented at the trial and make a final effort to settle the case without trial.
Prima facie evidence - evidence that, in the judgment of the law, is good and sufficient to establish a given fact or
chain of facts making up a party's claim or defense. If such evidence is unexplained or uncontradicted, it is sufficie
obtain a favorable judgment for the issue it supports, may be contradicted by other evidence.

Probable cause - a reasonable ground for suspicion, supported by the circumstances sufficiently strong to justify th
issuance of a search warrant or to make an arrest. Reasonable ground for believing that a crime has been committed
that the person committed the crime.

Prosecutor - a trial lawyer representing the government in a criminal case.

Protective custody - the confinement or guardianship of an individual by law enforcement with the objective of
preventing an assault or other crimes against him/her.

Public defender - (ex. PAO) government lawyer who provides free legal defense services to a poor person accused
crime.

Putative father - a man accused but not proven to be the biological father of an offspring.

Quid pro Quo - something for something, as in making a deal (ex. plea bargaining)

Rape - sexual intercourse between a man and a woman without the women's consent.

Reasonable doubt - doubt that arises from evidence or lack thereof and would be entertained by a reasonable or
prudent person. Reasonable doubt requires acquittal.

Reasonable suspicion - a term referring to police officer's justification for stopping and frisking a person. A mere
hunch is not a reasonable suspicion.

Rebuttal - the presentation of evidence to counter or disprove facts previously introduced by the adverse party.

Recess - an adjournment of a trial or a hearing that is temporary and occurs after the commencement of the trial. If
there is going to be a substantial delay, it is called continuance. A temporary dismissal is called sine die.

Record - document that furnishes objective evidence of activities performed or results achieved.

Re-cross - to cross-examine a witness a second time after redirect examination.

Re-direct examination - opportunity to present rebuttal evidence after one's evidence has been subjected to cross-
examination.

Redirect questioning - questioning by the original attorney that follows the opposing counsel's cross-examination.

Release on recognizance - a court order releasing a defendant from custody on the defendant's written promise to
appear in court when the defendant's case is scheduled for hearing, trial or other proceeding. A defendant who is
released on recognizance is not required to deposit money or other property with the court in order to be released.
Res gestae - all of the things done or words spoken in the course of the transaction or event; A record of what was
or done in the first moments of an investigation.

Rest - a party is said to have rest its case when it has presented all of the evidence in intends to offer.

Robbery - felonious taking of another's property from his person or immediate presence and against his will by me
of force or fear.

Rules of evidence - standards governing whether evidence in a civil or criminal case is admissible.

Search and seizure - the body of law that covers the issue of examining a person’s property with the intention of
finding evidence not in plain view (search) and taking possession of that property against the will of its owner or
possessor (seizure)

Sentence - a court's determination of the punishment to be inflicted on a person convicted of a crime.

Sentencing - last stage of criminal prosecution in which a convicted defendant is imprisoned, fined, ordered to pay
restitution, or granted a conditional release from custody.

Sequestration of witnesses - also called separation of witnesses, prevents a witness from being influenced by the
testimony of a prior witness.

Statute of limitation - the time within which a lawsuit must be brought out the time within which evidence must b
analyzed.

Stipulation - an agreement by both sides of a case about some aspect of a lawsuit or criminal trial.

Subpoena - a written command summoning a specific individual to appear in court under penalty for failure to do

Subpoena duces tecum - a court order commanding a witness to bring certain documents or records to court.

Subrogation - substituting one creditor for another.

Summary judgment - decision made by a trial court based on written documentation submitted before any trials o

Summons - a notice to the defendant that he/she has been sued and is required to appear in court.

Suppression hearing - a hearing before a judge, in which one of the attorney's argues that certain evidence should
be admitted at trial.

Temporary restraining order - (TRO) a judge's order forbidding certain actions until a full hearing can be heard.

Testimony - evidence given by a witness under oath does not include evidence from documents and other physical
evidence.

Trial - judicial examination and determination of issues of law and fact disputed by parties to lawsuit.
Trial court - local court that initially hears all cases in dispute.

Validation - confirmation by examination and provision of objective evidence that the particular requirements for a
specific intended use are fulfilled.

Venue - synonymous with the place of trial.

Wanton - characterized by reckless disregard of consequences and the safety and welfare of others.

Warrant - a court order authorizing law enforcement officers to make an arrest or conduct a search.

Warrant of Arrest - an order issued by a judge for the arrest of a person.

Witness - one who testifies to what he/she has seen, heard, or otherwise experienced.

Writ - a mandatory precept issued by an authority in the name of the sovereign or the state for the purpose of
compelling a person to do something.

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