CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTESCHAPTER 1: PRELIMINARY CONSIDERATION ACCUSED I. BASIC CONCEPTS - Authority of the court to hear and - Authority of the court over the CONCEPT OF CRIMINAL PROCEDURE determine a particular person charged - Series of processes by which the criminal laws are enforced and by which the state criminal case. - Person charged must have been prosecute persons who violate the penal laws - Authorized by law brought in to its forum for - Regulates the steps by which one who committed a crime is to be punished trial, forcibly by warrant of - Generic term to describe the network of laws and rules which governs the arrest or upon his voluntary procedural administration of justice submission to the court. ADVERSARIAL OR ACCUSATORIAL SYSTEM JURISDICTION OVER THE TERRITORY; VENUE IN CRIMINAL - Two contending parties before the courts which hears them impartially and renders CASES judgment only after trial - Offense must have been committed within the court’s territorial jurisdiction. - Prosecution and the defense tries to convince the court that its position is the - Determined by the facts alleged in the complaint of information. correct version of the truth o Tried in the court of the municipality or territory wherein the offense - STARTS: indictment (complaint or information) was committed or where anyone of the essential ingredients took - Government and accused present their evidence before the court which shall place. decide either on acquittal or conviction of the accused - PURPOSE for having a case tried in the court of the territory where the - Court plays an active role and may utilize evidence gathered outside the court and offense was committed: not to compel the defendant to move to, and appear a judge or a group of judges under this system actively participates in the in, a different court from that of the province where the crime was committed gather of facts and evidence instead of merely passively receiving information as it would cause him great inconvenience in looking for his witnesses and or evidence. other evidence in another place. - Judge steers the course of the proceedings by directing and supervising the - Court finds out that the offense was committed elsewhere : DISMISS the action gathering of the evidence and the questioning of the witnesses for want of jurisdiction - VS. INQUISITORIAL SYSTEM : WHEN A COURT HAS JURISDICTION TO TRY OFFENSES NOT LIBERAL INTERPRETATION OF THE RULES COMMITTED WITHIN ITS TERRITORIAL JURISDICTION - Liberally construed in order to promote their objective of securing a just, speedy 1. ENUMERATED IN ART. 2 OF THE RPC and inexpensive disposition of every action and proceeding. Art. 2. Application of its provisions. — Except as provided in the treaties and DUE PROCESS:MANDATORY laws of preferential application, the provisions of this Code shall be enforced not - “law which hears before it condemns and proceeds upon inquiry and renders only within the Philippine Archipelago, including its atmosphere, its interior judgment only after trial” waters and maritime zone, but also outside of its jurisdiction, against those who: - REQUIREMENTS OF DUE PROCESS 1. Tribunal trying the case is properly clothed with judicial power to hear and 1. Should commit an offense while on a Philippine ship or airship determined the matter before it 2. Should forge or counterfeit any coin or currency note of the 2. Jurisdiction is lawfully acquired by it over the person of the accused Philippine Islands or obligations and securities issued by the 3. Accused is given opportunity to be heard Government of the Philippine Islands - Judgment is rendered only upon lawful hearing 3. Should be liable for acts connected with the introduction into these A. REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION islands of the obligations and securities mentioned in the presiding 1. Jurisdiction over the subject matter number; 2. Jurisdiction over the territory 4. While being public officers or employees, should commit an 3. Jurisdiction over the person of the accused offense in the exercise of their functions; or JURISDICTION OVER THE SUBJECT MATTER VERSUS OVER THE 5. Should commit any of the crimes against national security and the PERSON OF THE ACCUSED law of nations, defined in Title One of Book Two of this Code. JURISDICTION OVER THE JURISDICTION OVER (CRIMES AGAINST NATIONAL SECURITY: treason, conspiracy SUBJECT MATTER THE PERSON OF THE and proposal to commit treason, misprision of treason, espionage, 1 CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES inciting to war and giving motives for reprisal, violation of neutrality, - Cases cognizable by SANDIGANBAYAN correspondence with hostile country, and flight to enemy’s country - COMPLEX CRIMES : jurisdiction is with the court having jurisdiction to impose RPC 114-121) the maximum and most serious penalty imposable on the offense forming part (CRIMES AGAINST LAW OF NATIONS: piracy and mutiny, of the complex crime. qualified piracy RPC 122-123 STATUTE APPLICABLE TO A CRIMINAL ACTION 2. SC orders a change of venue or place of trial to avoid miscarriage of justice - Criminal action is determined by the law in force at the time of the institution of 3. Offense is committed in a train, aircraft or other public or private vehicle in the action and not during arraignment of the accused the course of its trip. Instituted and tried in the court of any municipality or - Statute in force at the time of the institution of the action determines jurisdiction of territory where said train, aircraft or vehicle passed during its trip. May also the court and not at the time of its commission. be instituted in the place of departure and arrival. USE OF THE IMPOSABLE PENALTY 4. Committed on board a vessel in the course of its voyage, can be instituted - Consider the penalty which may be imposed upon the accused not the actual and tried in the place of the commission of the crime, in the court of the first penalty imposed after trial port of entry or in the municipality or territory where the vessel passed - Extent of the penalty which the law imposes for the offense, on the basis of the during the voyage facts alleged in the information or complaint. 5. Cognizable by the Sandiganbayan which depends upon the nature of the PRINCIPLE OF ADHERENCE OF JURISDICTION OR CONTINUING offense and the position of the accused. JURISDICTION 6. Written Defamation : - Once a court has acquired jurisdiction, that jurisdiction continues until the court a. Private / Public Official – CFI (RTC) where the libelous article is has done all that it can do in the exercise of that jurisdiction. printed and first published. - Jurisdiction once vested cannot be withdrawn or defeated by a subsequent valid It must state the libelous material was either printer or first amendment of the information or by a new law amending the rules of published in the place of the filing of the information. jurisdiction b. Private individual – CFI (RTC) of the province where he actually - EXCEPTION: statute expressly so provides or is construed to the effect that it is resided at the time of the commission of the offense intended to operate upon actions pending before its enactment. c. Public Officer in Manila – CFI (RTC) of Manila DISMISSAL ON JURISDICTIONAL GROUNDS; SPECIAL d. Public Officer outside Manila – CFI (RTC) of the province / city APPEARANCE where he held office at the time of the commission of the offense - Objection based on lack of jurisdiction over the subject matter may be raised at B. CRIMINAL JURISDICTION OVER THE SUBJECT MATTER any stage of the proceedings or on appeal. JURISDICTION OVER THE SUBJECT MATTER - Special appearance to challenge the court is not tantamount to estoppel or a waiver - JURISDICTION – of the objection and is not a voluntary submission to the jurisdiction of the o right to act or he power and authority to hear and determine a cause court. o determined issues of facts and of law, the power to inquire into the RAISING THE ISSUE OF JURISDICTION FOR THE FIRST TIME IN facts, to apply the law and to pronounce judgment. THE SUPREME COURT - CRIMINAL JURISDICTION- - Raising the issue of jurisdiction may be raise at any stage of the proceedings or on o Authority to hear and try a particular offense and impose the appeal. punishment for it. - Cannot invoke the jurisdiction of the court to secure affirmative relief against his HOW JURISDICTION OVER THE SUBJECT MATTER IS CONFERRED opponent and after obtaining and failing to obtain such relief. - Conferred by the law. Conferment from the statute must be clear or will not be C. CRIMNAL JURISDICTION OVER THE PERSON OF THE ACCUSED held to exist - Jurisdiction of a person is acquired : - Jurisdiction over subject matter cannot be waivered. o Arrest / apprehension with or without a warrant HOW JURISDICTION OVER THE SUBJECT MATTER IS o Voluntary appearance DETERMINED o Submission to the jurisdiction of the court - Determined by the allegations in the COMPLAINT OF INFORMATION not by Filing a motion to quash the evidence presented by the parties at the trial Appearing for arraignment 2 CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Participating in the trial A. CRIMINAL JURISDICTION OF THE MUNICIPAL TRIAL COURT, Giving bail MUNICIPAL CIRCUIT TRIAL COURT AND METROPOLITAN TRIAL Counsel- assisted please COURT Presenting evidence for the defense - Violation of city or municipal ordinances within their respective territories o Affirmative relief : deemed to be a submission to the jurisdiction of - Offenses punishable with imprisonment NOT EXCEEDING 6years irrespective of the court the amount of fine and other imposable or accessory penalties (prision - EXCEPT: correctional) o Special appearance to question the jurisdiction of the court over the - Fine of not more than 4,000php person of the accused - Damage to property through criminal negligence o Files a motion to quash the warrant of arrest. Legality of the court - Violation of BP 22 process forcing the submission of the persons. - Summary Proceedings - Custody of the Law does NOT MEAN being under the jurisdiction of the court. o Violation of traffic rules and reglations D. INJUCTION TO RESTRAIN CRIMINAL PROSECUTION o Violation of the rental law - GENERAL RULE: court will NOT issue writs of prohibition or injunction o Violation of municipal or city ordinances preliminary or final, to enjoin or restrain, criminal prosecution. o Criminal cases not exceeding 6 monts - EXCEPTION: o Penalty of a Fine not exceeding 1,000php o Injunction is necessary to afford adequate protection to the o Damage to property through criminal negligence where the fine constitutional rights of the accused DOES NOT exceed 10,000php o Necessary for the orderly administration of justice or to avoid - Application for bail in the absence of RTC oppression or multiplicity of actions - EXCEPTION: those falling withing the exclusive jurisdiction of the RTC and o There is a prejudicial question which is subjudice Sadiganbayan o Acts of the officer are without or in excess of authority B. CRIMINAL JURISDICTION OF REGIONAL TRIAL COURT o Prosecution is under an invalid law, ordinance or regulation - Exclusive original jurisdiction in all criminal cases not within the exclusive o Double jeopardy is clearly apparent jurisdiction of any court, tribunal or body except those under Sandiganbayan o Court has no jurisdiction over the offense - Appellate jurisdiction : cases decided by MTC o Case of persecution rather than prosecution - Special Jurisdiction: cases designated by the SC o Charges are manifestly false and motivated by the lust for vengeance - Specific Laws: o Clearly no prima facie case against the accused and motion to quash o Written defamation on that ground has been denied. o Dangerous drugs act of 2002 E. MANDAMUS TO COMPEL PROSECUTION o Intellectual property rights - MANDAMUS: remedial measure for parties aggrieved which shall be issued - Money Laundering cases when “any tribunal, corporation, board, officer or person unlawfully neglects C. CRIMINAL JURISDICTION OF THE SANDIGANBAYAN the performance of an act which the law specifically enjoins as a duty resulting - Anti-Graft and corrupt practices RA 3019 from an office, trust or station”” o One or more of the accused are officials occupying the following - Prosecutor : matter of discretion to determine which persons appear responsible positions in the government: for the commission of the crime. Once he finds the person liable the rule loses 1. officials of the executive branch positions of regional its discretionary character and becomes mandatory. Mandatory to charge that direction and higher classified as GRADE 27 and higher of person. the compensation and position classification act of 1989 o Public prosecutor is afforded wide latitude and discretion in the 2. members of congress and officials classified under conduct of a preliminary investigation EXCEPT upon judicial review GRADE 27 where respondent has clearly established that the prosecutor 3. members of the judiciary without prejudice to the committed grave abuse of discretion. provisions of the constitution II. CRMINAL JURISDICTION OF THE COURTS 4. chairman and members of the constitutional commissions 3 CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES 5. National and local officials as GRADE 27 o RA1379: separate and ifferent from a plunder case. o Offenses or Felonious wether simple or complexed committed by Preponderance of evidence : disproportion of repsondents public officials and employees properties to his legitimate income. o Civil and criminal cases in connection with EO 1,2,14,14-A o PLUNDER CASE: sought to be established is the commission of the - Appellate : RTC->Sandiganbayan -> SC criminal acts in furtherance of the acquisition of ill gotten wealth. a. OFFENSES SUBJECT TO THE JURISDICTION OF THE SUMMARY PROCEDURE IN CRIMINAL CASES SANDIGANBAYAN MTC, MTCC, MTC, MCTC : take cognizant over cases falling under o RA 2019 Anti Graft and Corrupt Practices Act summary procedure. o RA 1379 Act eclaring Forfeiture in Favor of the State any property Cases subject to summary proceeding. found to have been lawfully acquired by any public officer or o Violation of traffic rules and reglations employee o Violation of the rental law o Ch.2 Sec 2 Title 7 Book 2 RPC : bribery in all forms including o Violation of municipal or city ordinances corruption of public officers o Criminal cases not exceeding 6 monts o Simple or complexed commited by public officials with GRADE 27 o Penalty of a Fine not exceeding 1,000php salary o Damage to property through criminal negligence where the fine b. OFFICERS FALLING BELOW SALARY GRADE 27 DOES NOT exceed 10,000php o The Sandiganbayan may take cognizant of cases of those who fall FILING : complaint / information under Grade 27 provided that they hold the position enumerated in the o Accompanied by the affidavits of the complaint and his witnesses same law Ground to hold a case? c. SALARY GRADE ALONE DOES NOT DETERMINE JURISDICTION OF a. NO GROUND : dismissal THE SANDIGANBAYAN b. FOUND GROUND TO HOLD THE ACCUSED TRIAL : set the o Enumerated in PD1606 those official which the Sandiganbayan may case for arraignment and trial take cognizant of even though falling below Grade 27 salary BEFORE CONDUCTING TRIAL : preliminary conference for the d. OFFENSES COMMITTED IN RELATION TO THE OFFICE purpose: o “The relation has to be such that, in legal sense, the offense cannot a. Entering into a stipulation of facts exist without the office” b. Allowint the accused to enter a plea of guilty to a lesser offense o Office must be constitutent element of the crime c. Accused fails to stipulate it shall not prejudice the accused. o INFORMATION should aver the intimate connection between the Admission during this stage must be reduced to writing and office and the offense. sigbed by accused and his counsel. o FACTOR THAT CHARACTERIZES THE CHARGE: actual recital d. Actual direct examination NOT REQUIRED. of the facts in the complaint of information e. NOT MANDATE the arrest of the accused EXCEPT where the e. WHEN THE ACTUAL SPECIFIC ALLEGATIONS OF THE INTIMACY ground is failure to appear when required by the court. BETWEEN THE OFFENSE AND OFFICIAL DUTIES OF THE ACCUSED f. TRIAL HAS BEEN CONDUCTED: promulgate judgment not NEED NOT APPEAR IN THE INFORMATION later than 30days after termination of the trial. o Not require if public office is a CONSTITUENT ELEMENT of the PROHIBITED PLEADINGS, MOTIONS AND PETITIONS IN SUMMARY crime PROCEDURE o NOT CONSTITUENT : There should be specific actual allegations: - Motion to quash complain or information EXCEPT if the ground is lack of showing intimate connection between the offense charged and the jurisdiction over the subject or failure to comply with the barangay conciliation public office. proceedings f. ANTI MONEY LAUNDERING CASES - Motion for bills of particulars o Public officials in conspiracy with a private person shall be under the - Motion for new trial / consideration of a judgment / reopening of trial Sandiganbayan - Petition for relief from judgment g. FORFEITURE CASES - Motion for extension of time to file pleadings, affidavits or any other paper 4 Specific qualifying and aggravating circumstances a crime has been committed C. (brought to the attention of duly INDEPENDENT CIVIL ACTIONS : not deemed instituted because they constituted authorities) do not legally arise from the offense charged and are independent sources How to institute? of liability. Institutes the civil action prior to the criminal action offender in contact with the law. File a written complaint before the barangay When criminal action has been commenced. Private person : natural or a juridical person be deemed to be instituted with the criminal action b.Interventions. offended party aimed at determining whether a crime has been committed and may avail of provisional remedies. g. Acts or omissions constituting the offense Presupposes the prior commission of a crime ir at least the perception that f. FILING OF THE INFORMATION OR COMPLAINT AND OTHER d. Lawfully arrested without a warrant either by a peace officer or E. Property of the accused attached as security (claim for money or Recommend dismissal or filing of information in court. Reserves the right to institute the same separately Rules come into operation only when acts are initiated that would put the c. Offended waives the civil action d. prohibition against any interlocutory order by control and direction of the public prosecutor (special cases private the court prosecutor) . The authorities initiate a search and b. National security b. Name of the offended party III.Memoranda Commenced by filing a complaint or information and prosecuted under the . . Violations of laws or ordiancens which require compliance with related to the issue raised in the subsequent criminal action and the barangay conciliation proceedings (PD1508 and RA 7160 the resolution of such issue determines whether or not the Local Government Code) criminal action may proceed) which suspends the criminal action. AVAILMENT OF PROVISIONAL REMEDIES for the purpose of conducting a preliminary investigation. a. Caption (2 names : People of the Philippines and name of the . INITIAL CONTACT WITH THE CRIMINAL JUSTICE SYSTEM e. Cash deposit B. Public interest a. SYNOPSIS OF THE CRIMINAL LITIGATION d.Third party complaints b. recognizance PROCESSES 5 . Complaint in affidavit form is filed before an authorized officer D. Law enforcement authorities are in possession of information on a. Juridical or artificial person EXCEPT: c. Sworn statement before the prosecuting arm of the government in whatever stage it may be found until final judgment has been entered in c. bail which may be given in the form of: i.Petition for certiorari. Arrested in flagrante delicto or by virtue of a hot pursuit b. inquiry Criminal action is properly instituted with the civil action. Bond seizure by virtue of a search warrant duly issued. property embezzled by the accused) h. the civil actions is suspended b.Reply accused) . IMPLIED INSTITUTION OF THE CIVIL ACTION VICTIMS: GENERAL RULE: Civil liability arising from the offense charged shall a. a.Dilatory motions for postponement a. Filing of a complaint directly with the municipal trial court the criminal action EXCEPT d. Example: that the person complained of is probably guilty thereof. prejudicial question (involves an issue similar or intimately f. Corporate surety possible criminal activities. mandamus. c.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . e. c. Designation of the offense A. Law enforcement officers searches a place under the control of a.Motion to declare the defendant in default Complaint or information is required by the rules to be in writing. for INDEPENDENT CIVIL ACTIONS which shall proceed the allege offender and seize items independently of the criminal action. Name of the accused . BAIL by a private person and those arrested under valid warrantless Gain his release from confinement by availing of the constitutional right to arrest. Facts charged do not constitute an offense Upon admission of the evidence the case shall be deemed submitted for b.e.trial shall be reduced to writing a. ARRAIGNMENT After PRE TRIAL CONFERENCE the court shall issue an order reciting ARRAIGNMENT: formal mode and manner of implementing the the actions taken. Suspension of arraignment (justifiable reasons do exist for its prove his defense and the damages he may have sustained arising from any suspension when among others. e. Application is made in the court where his case is pending certain matters including: NO BAIL after a judgment of conviction has become final. Then asked whether he pleads guilty or not guilty. SUSPENSION OF f. a. Stipulation of facts of his arrest c. Based on the evidence of guilt is strong or not. TRIAL. control the court of the trial Accused escape before arraignment : NO TRIAL IN ABSENTIA b. Prosecution and the defense my in the same order present rebuttal and sur- Example: rebuttal evidence a. Agreements or admissions in pre. Accused admits the act or omission the order of trial may be complaint which prevent him from properly pleading to the modified charged preparing for trial) When prosecution rests its case. Possible modification of the order of the trial F. court shall order mandatory trial conference to consider b. BILL OF PARTICULARS. Court trying the case has no jurisdiction over the offense charged decision unless the court directs them to argue orally or to submit written or over the person of the accused memoranda H.trial. furnishing the accused with a copy of the complaint or I. the accused appears to be provisional remedy issued in the case suffering from an unsound mental condition) b. shall continue from day to day as far as practicable but may be postponed d. accused may now present his evidence to b. Demurrer filed with leave of court is denied: accused may adduce which is supposed to distinctly specify both its factual and legal evidence grounds) d. Before or after he is formally charged jurisdiction. Plea bargaining Application of bail shall not bar the accused from challenging the validity b. PRE-TRIAL J. the trial shall commence and c. for a reasonable period of time for good cause Accused : remedy Prosecution presenting evidence a. dismiss the complaint or information presenting a demurrer to evidence on the ground of insufficiency of evidence (the court may dismiss the case after giving G.trial order shall bind the parties. Pre. Waiver of objections to admissibility a. 6 .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Apply for bail After arraignment and within 30 days from the date the court acquires a. reading of the same in a language he understands. UNLESS modified to prevent manifest injustice Arraigned in the court where complaint or information was filed. ARRAIGNMENT. JUDGMENT JUDGMENT: adjudication by the court on the guilt or innocence of the accused and the imposition on him of the proper penalty and civil liability. limit the matters not the accusation against him disposed. DEMURRER information and Within 30 days from receipt of the pre. Move to quash i. c. Demurrer filed without leave of court is denied: the accused May move to quash on any grounds provided by the Rules BEFORE waive the right to present evidence ENTERS PLEASE. the facts stipulated and the evidence marked constitutional right of an accused to be informed of the nature and cause of a. and signed by the accused and counsel b. Instead of presenting evidence opt to move to dismiss the case by c. Made in Open Court. Marking of the evidence Matter of RIGHT or JUDICIAL DISCRETION d. Move for bill of particulars (defects in the information or a. Other matters that will help promote fair and expeditious trial. QUASHAL OF COMPLAINT OR INFORMATION prosecution the opportunity to be heard) Motion to Quash (written motion signed by the accused or his counsel c. Filing the complaint/information directly with the Municipal Trial Court already perfected before the record has been forwarded by the clerk of and Municipal Circuit Trial Court court to the proper appellate court. Move for new trial upon errors of law or irregularities during the b. Signed by the judge d. Court on its own with the consent of the accused grant a new trial with the proper officer for the purpose of conducting the requisite or reconsideration preliminary investigation (Sec 1 Rule 110 ROC) Before the finality of judgment. it shall be b. Offended Party – ONLY witness for the state b. Written in the official language All remedies have been exhausted and judgment become final.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Requirements: L. HOW CRIMINAL ACTIONS ARE INSTITUTED in the judgment PRELIMINARY INVESTIGATION IS REQUIRED – filing the complaint c. NO DIRECT FILING IN THE REGIONAL TRIAL COURT AND the law METROPOLITAN TRIAL COURT OF MANILA AND OTHER b. JURISDICTION of MTC: offense punishable with imprisonment SC by petition for review on certiorari in accordance with Rule 45 of the not exceeding 6 years. CHARTERED CITIES Cases decided by MTC. PURPOSE OF CRMINAL ACTION K. Motion for reconsideration on the ground of errors of law or fact B. otherwise provided in their charters (Sec 1 Rule 110 ROC) a. 2. JURISDICTION oF RTC : offense punishable with imprisonment review of the case by CA is necessary before it is elevated to the SC of more than 6 years. CA / Sandiganbayan shall be appealable to the SC CHARTERED CITIES Appeal to the RTC/CA decided by RTC shall be by notice of appeal filed WHY? Because its jurisdiction cover offenses which requires preliminary with the court which rendered judgment or final order appealed from investigation Appeal to the CA decided by the RTC shall be by petition for review under PRELIMINARY INVESTIGATION: conducted for offenses where the Rule 42 penalty prescribed by law is at least 4 years. an appeal from a judgment of conviction PRELIMINARY INVESTIGATION NOT REQUIRED (2 ways) (Sec 1 in accordance with the riles. 1 day Appeal in cases where the punishment is reclusion perpetua by the RTC imprisonment. Contain clear and distinctly a statement of the facts and the law upon which it is based. INSTITUTION OF CRIMINAL ACTIONS IN MANILA AND OTHER before the rendition of the judgment of the case on appeal. INSTITUTION OF CRIMINAL ACTIONS judgment may be pronounce in the presence of his counsel/representative A. rules of Court. Appeal may be withdrawn upon proper motion of the appellant C. A a. Notwithstanding the perfection of the appeal. CHAPTER 2: RULE 110 (PROSECUTION OF OFFENSES) Promulgation : by reading it in the presence of the accused and any judge INTRODUCTION of the court in which it was rendered UNLESS it is a light offense I. may filed for the modification of the judgment or for the setting aside of FOUND GUILTY: punish him for it the same. Decisions and final orders of the Sandiganbayan shall be appealable to the b. MTC or MCTC shall be appealed to the SPECIAL RULE – filed with the office of the prosecutor UNLESS RTC. POST-JUDGEMENT REMEDIES to determine the penal liability of the accused for having outraged the state Before judgment becomes final or before an appeal is perfected. RTC shall be appealable to the CA or to the SC as provided by D. shall be by notice of appeal to the Ca in accordance with Rule 122. Personally and directly prepared by the judge entered in accordance with existing rules c. Filing the complaint with the office of the prosecutor a. PARTIES: Before the judgment of conviction becomes final a. 2 months. ENTRY OF JUDGEMENT a. 7 . Rule 110 ROC) court may allow the appellant upon proper motion to withdraw the appeal 1. MCTC. Accused trial and the discovery of new or material evidence c. accused with his crime. People of the Philippines a. “institution of the criminal actions shall interrupt the period of prescription c. Institute the civil action prior to the criminal actions administrative tribunal. 32 CC: Crimes by public officer ii. Filing of the information or complaint directly with the to protect the remaining civil interest therein. Art 33 CC: Civil Action for damages CONTROLS THE PROSECUTION c. Reserves the right t institute it separately determine a controversy involving a questions within the jurisdiction of the c. Art 2176 CC: Quasi Delicts prescription of the criminal responsibility C. Crime is a breach of security and peace of the people at large. 3326(as amended) governs period of prescription for violations Institution of an independent civil action does NOT deprive offended party penalized by special and municipal ordinances. Only civil Liability of the accused arising from the offense investigation and punishment. EFFECT OF THE CRIMINAL ACTION ON THE PRESCRIPTIVE b. an whether. Art. Art 34 CC: Crimes by police officers examination or investigation interrupts the period of 4. WHO MUST PROSECUTE THE CRIMINAL ACTIONS. EFFECT OF FILING AN INDEPENDENT CIVIL ACTION ON THE F. Art 2176 CC: Quasi Delicts criminal actions commenced either by a complaint of an information D.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES c. what and whom to charge) outrage against the very sovereignty of the state b. the civil action for PRESCRIPTION: begins from the commission of the crime OR from the the recovery of civil liability shall be deemed instituted with the criminal discovery thereof and the institution of judicial proceedings for its actions. as a rule. Criminal offense is an outrage against the sovereignty of the state. Courts will not b. office of the prosecutor a. Filing with the office of the prosecutor (chartered cities) 2.JURISDICTION OF METROPOLITAN TRIAL COURT OF Appointment of private prosecutor is done by the offended party and is the MANILA: In Manila and Chartered cities. APPEARANCE OF A PRIVATE PROSECUTOR free from interference or control of the offended party c. fled with the mode by which the latter intervenes in the prosecution of the offense. Determine whether a prima facie case exists (discretion of b. a. Art 33 CC: Civil Action for damages iii. Subject only to the right against self-incrimination 8 . ALLOWED ONLY when civil action is instituted with the Chartered City vs Rules of Court = former shall prevail (substantive law) criminal action (Sec 16 Rule 110) E. PROSECUTION OF CRIMINAL ACTION a. CONSEQUENCES OF THE RULE THAT A CRIMINAL ACTION IS WHY? PROSECUTED UNDER THE DIRECTIO AND CONTROL OF THE a. Based on jurisprudence: filing complaint for preliminary 3. WHO b. Even if a civil action (independent civil action) is filed separately. of the offense unless otherwise provided in special laws (exception)” the civil liability in the criminal prosecution remains. Art. Municipal Trial Courts and MCTC (prelim investigation i. RULE ON PRESCRIPTION FOR VIOLATIONS OF SPECIAL LAWS RIGHT OF THE OFFENDED PARTY TO INTERVENE IN THE AND MUNICIPAL ORDINANCES PROSECUTION OF THE OFFENSE ACT NO. Art 34 CC: Crimes by police officers GENERAL RULE: Public Prosecutor controls and directs prosecution of d. Institution: offended party may still intervene in the criminal action in order i. Offended party waives the civil action “DOCTRINE OF PRIMARY JURISDICTION ”. and the a. of the right to intervene in the civil action through a private prosecutor “PROCEEDINGS”: judicial proceedings NOT administrative proceedings GENERAL RULE When criminal action is instituted. charged is deemed impliedly instituted with the criminal action Act no 3326 vs ROC : ROC prevails EXCEPTION: Investigation by the SEC shall interrupt the period of prescription because a. INDEPENDENT CIVIL ACTIONS II. Decide which of the conflicting testimonies should be believed B. Independent civil actions: Not required) 1. NOT ALLOWED if civil action was instituted separately from PERIOD the criminal action. PUBLIC PROSECUTOR it necessarily follows that a representative of the state shall direct POWER OF THE PUBLIC PROSECUTOR and control the prosecution thereof. 32 CC: Crimes by public officer A. Indemnification for consequential damages determine which should be utilized by the government as a state Civil Liability is NOT extinguished even if the offender has already served witness) his sentence (deprivation of liberty and other rights) e. PROSECUTION OF PRIVATE CRIMES OF THE CRIMINAL ACTION PRIVATE CRIMES: adultery. RULE: filing a suit based on a quasi-delict theory during the a. public prosecutor may turn over the actual prosecution of the b. NOTE: one person cannot conspire alone BUT as long as the pendency of the criminal proceeding should NOT PREVENT the acquittal or death of a co-conspirator does not remove the basis of intervention of the offended party in the prosecution of the a charge of conspiracy. INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION IV. Authorized to do so in writing offense is necessary to protect the vital state interest. 9 . Lack of public prosecutors PROSECUTOR IS NOT AVAILABLE? May be prosecuted by C. defamation (in relation to private crimes) Civil Liability includes A. whom the prosecutor does not find sufficient evidence CRIMINAL ACTION GIVES RISE TO AN INDEPENDENT CIVIL a. The offended party is allowed to intervene in the prosecution f. for the prosecution of crimes i. Public officer charged with the enforcement of the law violated He can continue to prosecute the case up to the end of the trial even in the F. PROSECUTION FOR VIOLATION OF SPECIAL LAWS absence of a public prosecutor Prosecuted pursuant to the provisions of the said law. one defendant may be found guilty of the offense because there still exists a civil liability under the RPC. EXTENT OF THE AUTHORITY GIVEN TO THE PRIVATE a. presence of public prosecutor in the trial of a criminal b. a. The DOJ is best suited to attest whether a similar or related liability arising from the criminal action (felony = RPC). If civil liability was waved upon institution of the criminal action criminal case to the private prosecutor then there will be no basis for the intervention of the offended EXECUTIVE DEPARTMENT OF THE GOVERNMENT: accountable party through his COUNSEL or PRIVATE PROSECUTOR. case has been filed or is pending in another court or tribunal. EXCEPTION: unmistakable showing of grave abuse of discretion ACTION (physical injury. acts of A. WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A CASE ABSENCE OF PUBLIC PROSECUTOR IN A TRIAL: EVEN IN THE ABSENCE OF THE PUBLIC PROSECUTOR a. The independent civil action is DISTINCT SOURCES from civil trial court. INTERVENTION OF THE OFFENDED PARTY lasciviousness. c. entitled to conducts its own case and to decide what witnesses to CIVIL LIABILITY BE INSTITUTED WITH THE CRIMINAL ACTION call to support its charges.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES d. also constitutes a quasi – delict) DOJ : government agency tasked to prosecute criminal cases before the a. Any peace officer ACTION c. defamation or act constituting a crime on the part of the prosecution. RA 7610. Presence of private prosecutor may be objected by the SUPREME COURT CANNOT order prosecution of a person against prosecution of the civil liability was waived. seduction. offense B. d. Reparation for damages caused the offended spouse. concubinage. Approved by the Court E. GENERAL RULE: PUBLIC PROSECUTOR should always be Requirements: present in a trial a. Public prosecutor has heavy work schedule Prosecuted under the direction and control of the prosecutor b. Restitution GENERAL RULE: not be prosecuted EXCEPT upon a complaint filed by b. UNLESS the authority is revoked or otherwise withdrawn III. b. The offended party PROSECUTOR WHEN DULY AUTHORIZED TO PROSECUTE THE b. fraud. PROSEUCTION OF A CRIMINAL ACTION IN THE MUNICIPAL Why? TRIAL COURT OR MUNICIPAL CIRCUIT TRIAL COURT a. Authorized by the Chief of the Prosecution Office or the Regional foremost of which is its interest to vindicate the rule of State Prosecutor law. determine which witnesses to present in court (initial discretion to c. In the absence of the public prosecutor i. abduction. PROSECUTION OF ADULTERY AND CONCUBINAGE a. Filed against ALL PERSONS WHO APPEAR TO BE e. May not appeal the dismissal or acquittal of the accused the offenders (expressed or implied) because the aggrieved party is the People of the B. ABDUCTION AND ACTS OF Philippines LASCIVIOUSNESS ii. ONLY the offended part can initiate the filing the information is criminal action acting under oath of his V. INFIRMITY (lacks/absence) OF SIGNATURE IN THE INFORMATION 10 . Filed in the name of PEOPLE OF THE PHILIPPINES violated C. Must be SWORN (under Requires no oath Criminal actions shall be brought at the instance of and upon the complaint oath) because the prosecutor filed by the offended party. Offended party (even if he/she is a minor) own personal capacity. if it is instituted against one party alone (should be against both c. if it is shown that the offended party has consented or pardoned i. COMPLAINT Subscribed by the: Subscribed by the: Sworn written statement Offended party prosecutor Charging a person with an offense Any peace officer Subscribed by the offended party/any peace officer/other public officer Other public officer charged with the enforcement of the law violated. Exploitation and Discrimination Act) Accusation in writing Who may file? a. Filed in the name of PEOPLE OF THE PHILIPPINES institution b. PROSECUTION OF DEFAMATION SWORN WRITTEN STATEMENT ACCUSATION IN WRITING Defamation: imputation of offenses under private crimes. At least 3 concerned. Her parents d. PROSECUTION OF SEDUCTION. b. There is no complaint from offended spouse RESPONSIBLE FOR THE CRIME b. Officer/social worker/representative of a license child caring a. THE COMPLAINT AND INFORMATION office A. This will be prosecuted in his a.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES ACTION CANNOT BE INSTITUTED IF: b. EFFECT OF RA 7610 (Special Protection of Children Against Child B. NOT REQUIRED to be SWORN a. Ascendants/collateral relative within the 3rd degree of Filed with the court consanguinity IN WHOSE NAME AND AGAINST WHOM? d. Grandparents OSG d. Guardian i. Parents / guardians Subscribed by the prosecutor (ONLY PROSECUTOR) c. Filed against ALL PERSONS WHO APPEAR TO BE a. May appeal the civil aspect of the case and file a special GENERAL RULE: cannot be prosecuted EXCEPT upon a complaint filed civil action questioning the decisions of the court on by jurisdictional grounds. proceedings pending in the SC or CA C. Dismissal by RTC on criminal cases can only be appealed by the c. Officer/social worker of DSWD RESPONSIBLE FOR THE CRIME f. Offended party Charging a person with an offense b. Only the OSG can bring or defend actions on behalf of ACTION CANNOT BE INSTITUTED IF: the Republic or represent the state in a criminal a. responsible citizens where the violation occured COMPLAINT INFORMATION D. charged with the IN WHOSE NAME AND AGAINST WHOM? enforcement of the law a. PRIVATE OFFENDED PARTIES are only witnesses for the guilty parties unless one of them is dead) prosecution. INFORMATION Abuse. c. Offender was EXPRESSLY pardoned. TRUE NAME IS DISCLOSED or BECOMES KNOWN: his true d. 11 . arraignment: bill of particulars or for the quashal of the Rules in designating the offense: information a. When the accused voluntarily entered a plea when arraigned or OFFENSES AGAINST PROPERTY participated in the trial. Specify qualifying and aggravating circumstances of the offense precise date the offense was committed EXCEPT when the date of N. signing) cannot be cured by silence. HOW TO STATE THE NAME OF THE OFFENDED PARTY WHICH would enable the accused to suitably prepare for his defense. State the name and surname of the accused or any appellation or REQUIREMENTS nickname by which he has been or is known a. L. OBJECTIONS AS TO FORM M. IS A JURIDICAL PERSON F. STATUTE OR FAILURE TO MENTION THE PROVISION VIOLATED I. If there is no Failure to object would mean that the accused has waived his objections to designation then reference must instead be made to the section or any formal defect in the information subsection punishing it. Name of the accused and if there is more than one person. HOW TO STATE THE NAME OF THE ACCUSED (natural person) consent. SUFFICIENCY OF THE COMPLAINT OF INFORMATION a. DATE OF THE COMMISSION OF THE OFFENSE b. Name of the offended party name shall be inserted in the complaint of information and in the e. Approximate date of the commission of the offense records of the case Place where the offense was committed Mistake in the name does not equate to a mistake in the identity of the E. Sec 7 Rule 110: Designating the name of the accused D. made for the first time on appeal. acquiescence. Name given to the offense by statute must be stated. or even by express J. Acts or omissions complained of as constituting the offense c. Averment of the acts or omission constituting the offense Sec 11 NOT NECESSARY to state in the complaint or information the c. juridical person) RAISE OBJECT BEFORE: arraignment or during trial. offense charged G. Lack of authority if the officer accusation against the accused. that comprise a crime and adequately describes the nature and cause of the INFIRMITY IN THE INFORMATION (ex. Designation of the offense given by the statute that his true name is unknown. NAME CANNOT BE ASCERTAINED: described under a them shall be included in the complaint or information fictitious name and a description of the accused with a statement b. REMEDY that the accused could have availed before the accused fully understands what he is being charged with. TEST FOR SUFFICIENCY OF THE COMPLAINT OR INFORMATION accused when sufficient evidence is adduced to show that the accused is Whether the crime is described in intelligible terms with such particularity pointed as one of the perpetrators of the crime. DESIGNATION OF THE OFFENSE Objection relation to the form of the complaint/information cannot be Allegations in the information determine the nature of the offense. QUESTIONING THE INSUFFICIENCY OF THE COMPLAINT OF Sufficient to state its name or any name or designation by which it is INFORMATION known or by which it may be identified. circumstances in the information. all of b. accused is deemed to have waived his Must be described with such particularity as to properly identify the right to object. EFFECT OF FAILURE TO DESIGNATE THE OFFENSE BY THE commission is a material element of the offense. RULE IF THE NAME OF THE OFFENDED PARTY IS UNKNOWN IN a. (accused must be proved) as ti apprise (give information) the accused with reasonable certainty. It is sufficient that the offense be described with particularity to make sure a. (without averring that it is a Sufficiency of an information may be assailed but it is not absolute. c. DETERMINATION OF THE NATURE AND CHARACTER OF THE Failure to designate the offense or to mention the specific provision DOES CRIME NOT vitiate the information if the facts alleged clearly recite the facts Character of the crime is determined by the recital of the ultimate facts and constituting the crime charged.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Valid Information confers jurisdiction on the court over the person accused What is CONTROLLING is the allegation of the facts in the information and subject matter. It K. H. RULE WHEN THE OFFENSE IS COVERED BY ART. 3. (example : “conspiracy” = printed and first published. It must state the libelous material was either printer or EXCEPTION: relationship in rape is qualifying. Offense was committed penalty. RULE WHEN OFFENSE IS COMMITED IN A TRAIN. Public Officer in Manila – CFI (RTC) of Manila the information cannot be waived. d. and consequently. aircraft b. DUPLICITY OF THE OFFENSE information must state the particular law under which the accused is GENERAL RULE: a complaint or information much charge only one charged in order for it to be considered sufficient and valid. HOW TO STATE THE DATE OF THE COMMISSION OF THE RULE WHERE OFFENSE IS COMMITTED IN BOARD A VESSEL OFFENSE (Offense is committed during the voyage) Sec 111 Rule 110 : not necessary to state the precise date the offense was Criminal action shall be instituted and tried in: committed because the offense may be alleged to have been committed on 1. It would be denial of the right of the accused to be informed of VI. When any of its essential ingredients occurred (subject to existing Descriptive words such as “qualifying” “aggravating” need not precede the laws) offense to properly qualify it. offense O. EFFECT OF FAILURE TO SPECIFY THE CORRECT CRIME a. charges more than one offense. Place of arrival R. Municipality or territory where the vessel passed during its voyage precise date the offense was committed is a material ingredient of the *** subject to the generally accepted principles of international law*** offense. b. C. 2 OF THE RPC 12 . Sufficient to enable a person of common understanding to know the B. what is important is the specific allegation Written defamation attendant circumstances which adds the essential elements raising the a. WHERE to INSTITUTE The information must be state the qualifying and aggravating Instituted and tried in the court of the municipality or territory where circumstances to be appreciated and be considered in the imposition of the a. AIRCRAFT OR following: VEHICLE (COURSE OF THE TRIP) a. failure to object constitutes waiver and the court may convict him One cannot be held liable for an offense grave than that for which he was of as many offense as are charged and proved. STATEMENT OF THE QUALIFYING AND AGGRAVATING TRIAL on the ground of duplicity CIRCUMSTANCES a. Q. Private / Public Official – CFI (RTC) where the libelous article is crime to a higher category is present. The court of first port of entry a date as near as possible to the actual date of its commission EXCEPT the 2. OBJECTION SHOULD BE BEFORE P. Private individual – CFI (RTC) of the province where he actually Allegations of facts constituting the offense charged are substantial matters resided at the time of the commission of the offense and an accused’s right to question his conviction based on facts alleged in c. Offense being charged Tried in the court of any municipality or territory where such train. VENUE OF THE CRIMINAL ACTIONS the charges against him. a denial of due process. specific relationship in first published in the place of the filing of the terms of consanguinity should be alleged in the information information. indicated. Place of departure the information or complaint. CAUSE OF ACCUSATION b. Public Officer outside Manila – CFI (RTC) of the province / city Accused cannot be convicted of an offense unless it is charged in the where he held office at the time of the commission of the offense information on which he is tried or necessarily included therein. Acts or omissions complained of as constituting the offense or vehicle c. Passed during its trip DETERMINES NATURE AND CAUSE : actual recital of facts stated in 2.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES There is nothing in the Rules of Court which specifically requires that the S. EXCEPTION: the law prescribes a single punishment for various Will not bar conviction of the accused offenses The crime committed is determined by the recital of the ultimate facts and OBJECT must be timely interposed whenever a complaint or information circumstances in the complaint or information. A. Qualifying and aggravating circumstances 1. “participate in and facilitate…” i. RULE AS TO AMENDMENT MADE AFTER THE PLEA OF THE Either formal or substantial changes Involves a substantial change from ACCUSED the original charge ONLY FORMAL AMENDMENT: allowed after plea BEFORE PLEA: effected without With leave of court as the original FORMAL AMENDMENT may only be made under 2 conditions leave of court information has to be dismissed 1. 2. HOW TO STATE THE PLEA OF THE COMMISSION OF THE the court might impose in the event of conviction OFFENSE b. SUBSTITUTION OF COMPLAINT OR INFORMATION court(permission from the court to take some action). a. Additional allegations which do not alter the prosecution’s theory elements occurred at some place within the jurisdiction of the court of the case so as to cause surprise to the accused and affect the EXCEPT if the particular place where the offense was committed is an form of defense he has or will assume essential element of the offense or is necessary for its identification. 1. Court is mandated by the rule to state its reasons in resolving the motion of to detain him. Leave of court is required even if a. Example of FORMAL AMENDMENTS 13 . no to meet the new averment had each been held to be one of form plea double jeopardy may be double jeopardy and not of substance invoked. Court dismisses the original complaint or information once the a. May be amended in form or in substance without the need for leave of E. WHEN LEAVE OF COURT IS REQUIRED EVEN IF THE before judgment that a mistake has been made in charging the proper AMENDMENT IS MADE BEFORE PLEA offense. WHEN AN AMENDMENT IS FORMAL OR SUBSTANTIAL investigation and the entailed and the TEST: retaking of the plea of accused had to plead a.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Cognizable by the court where the criminal action is first filed. especially the offended party. Amendment excludes any accused from the complaint or will not be placed in double jeopardy information Dismissal of the original is subject to the provision of Sec 19 of Rule 119. New allegations which relate only to the range of the penalty that D. Requires a motion by the prosecutor with the notice to the offended party a. necessarily included or is necessarily different offense which does not b. d. NO NEED FOR LEAVE and facts. Whether a defense under the information as it originally stood the accused anew would be available after the amendment is made. of F. Nature of the crime alleged does not affect the essence of the included in the original charge. An amendment which does not charge another offense different Sufficient if it can be understood from the allegations of the complaint or or distinct from that charged in the original one information that the offense was committed or some of its essential c. Amendment does not cause prejudice to the rights of the accused No need for another Another preliminary AMENDMENT IN SUBSTANCE : not allowed after plea preliminary investigation is D. and whether any Same offense charged in the original Requires or presupposes that the evidence defendant might have would be equally applicable to the information or to an offense which new information involves a information in the one form as in the other. The accused shall not be discharged if there appears good cause 3. Amendment downgrades the nature of the offense charged new one charging the proper offense is filed provided the accused b. An amendment that merely adds specifications to eliminate A. DISTINCTION BETWEEN SUBSTITUTION AND AMENDMENT copies of its order AMENDMENT SUBSTITUTION C. the prosecutor and to furnish all parties. AMENDMEND OR SUBSTITUTION OF THE COMPLAINT OR right of the accused INFORMATION e. An amendment which does not adversely affect any substantial VII. Leave of court must be secured form only New information 2. AMENDMENT OF THE INFORMATION OR COMPLAINT BEFORE vagueness in the information and not to introduce new material PLEA. if include or is not necessarily offense or create surprise or deprive the accused of an opportunity there is substantial amendment after included in the original charge. Complaint or information may be substituted if it appears at any time B. WAIVE CIVIL ACTION? (When) o Article 2176 – Quasi – delicts / Culpa Aquiliana o Waives the civil action Is entirely separate and distinct from the civil liability arising o Reserve the right to institute it separately from negligence under the Penal Code.PRIME PURPOSEOF A CRIMINAL ACTION: punish the offender in order to UNDER ARTICLES 32. (2000 Rules of Criminal . o Articles 34 – Police refuses / fails to provide protection . the IMPLIED INSTITUTION OF THE CIVIL ACTION WITH THE CRIMINAL governing law is the Rules of Criminal Procedure.PURPOSE OF A CIVIL ACTION: resolution. .GENERAL RULE: the civil liability of the accused arising from the crime criminal action (Sec 1[a] Rule 111) charged is deemed included in a criminal action. 33.WHY: separate civil action would be costly. 34 AND 2176 OF THE CIVIL CODE deter him and others from committing the same or similar offense.EXCEPT: . the civil action for the recovery of the civil INDEPENDENT CIVIL ACTIONS AND QUASI.PUBLIC PROSECTUR: no interest in appealing the civil aspect of the a .When there is no implied institution of the civil action LIABILITY o Offended party waives the civil action .Criminal Liability + Civil Liability + Independent Civil Action delictual or felinous act of the accused. ACTION WHEN A CIVIL ACTION MAY PROCEED INDEPENDENTLY.Independence Civil action – this shall proceed from the criminal action him from society. burdensome and time-consuming o Articles 33 – Fraud.Both may appeal the civil aspect of the judgment despite the acquittal of the offended party a reasonable opportunity to make such reservation. reparation or indemnification of deemed included the private offended party for the damage or injury sustained by reason of the .DELICTS liability arising from the offense charged shall be deemed instituted with the . reform.IN CASE OF CONVICTION: state the civil liability or damages caused by the o Party reserves the right to institute the civil action separately wrongful act or omission to be recovered from the accused by the offended o Institutes the civil action prior to criminal action party. flight to an enemy country.MERGING THE CIVIL ACTION AND CRIMINAL ACTION ONCE .34 – sources of obligation from direct provisions of law . violation arising from or flowing from the offense charged.The issue in a criminal case being the civil liability of the accused.Should be instituted BEFORE: o Offended party o Before instituting the criminal action o Accused o Before the prosecution starts presenting its evidence : to give the . . physical injuries and further delay the final disposition of the case. accused NO RESERVATION OF THE CIVIL ACTION IN BATAS PAMBANSA BLG.The civil liability arising from the offense shall be deemed instituted with the WHO THE REAL PARTIES IN INTEREST ARE IN THE CIVIL ASPECT OF criminal action.QUANTUM EVIDENCE : preponderance of evidence .WHAT IS BEING AVOIDED? The law proscribes is double recovery.GENERAL RULE: maintain social order .Every person criminally liable is also civilly liable (Art 100.Article 2176 – source of obligation distinct from a crime SEPARATED ALLOWED? Yes. the law allows the merger of the criminal and .Independent Civil Actions referred to are: representation o Articles 32 – Violation of Constitutional Right . recover damages twice for the same actor omission of the defendant. of neutrality.Who are the parties . ACQUITTAL ENDS HIS WORK. o Institute the civil action prior to the criminal action . to isolate . RULE APPLICABLE 14 . WHEN THERE IS NO IMPLIED INSTITUTION OF THE CIVIL ACTION JUDGEMENT OF CONVICTION INCLUDES A JUDGEMENT ON THE CIVIL .Article 32. to the civil actions to avoid multiplicity of suits. 33.ONLY ALLOW SEPARATE CIVIL ACTION WHEN IT IS FILED BEFORE decision.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES CHAPTER 3: PROSECUTIO OF CIVIL ACTION (RULE 111) . defamation. crimes against popular . 22 . and rehabilitate him .Civil Action that is instituted with the Criminal actions are the civil liability o When no actual damage results from an offense (espionage.Need not reserve the right to file a separate civil action since they are not . PURPOSES OF THE CRIMINAL AND CIVIL ACTIONS CONSEQUENCES OF THE INDEPENDENT CHARACTER OF ACTIONS . THE CASE RESERVATION OF THE CIVIL ACTION . RPC) Procedure) .When a criminal action is instituted. THE CRIMINAL ACTION. 34. .After the criminal action is commenced.Does not extinguish criminal liability o EXCEPT: . the crime of which the accused was acquitted RULES ON FILING FEES EFFECT OF PAYMENT OF THE CIVIL LIABILITY .The offended party may move for consolidation by MOTION FOR separate civil action.2176 : NO NEED TO RESERVE the filing action of a separate civil action .33. criminal action EFFECT OF ACQUITTAL OR THE EXTINCTION OF THE PENAL ACTION WHEN NO RESERVATION IS REQUIRED. punished by the government on its own motion even though complete SUSPENSION OF THE PERIOD OF PRESCRIPTION reparation should have been made.BEFORE ARRAIGNMENT based on the amount of check involved = actual damages claimed.Compromise shall not extinguish the public action for the imposition of the BP22: filing fees paid based on the amount of the check and legal penalty shall be paid in full EFFECT OF JUDGEMENT IN THE CIVIL CASE ABSOLVING THE ESTAFA: filing fees shall be based on the amount involved. civil liability that was based exclusively on the crime (delict) for . o Engaged in some kind of industry 15 .Acquittal BUT may still be adjudged civilly liable ACTION o Acquittal is based on reasonable doubt as only preponderance of .PENDENCY OF HIS APPEAL IN THE SC will be suspended in whatever stage it may be found (before judgment of o Totally extinguished his criminal liability.NO counterclaim.Prescriptive period of the civil action shall be tolled during the pendency of the .Extinction of the penal action does not carry with it the extinction of the civil .Is not a bar to a criminal action against the defendant for the same act or . the civil action cannot be instituted or . evidence in the criminal action without prejudice to the right to cross examine o WHY? Estafa is a public offense which must be prosecuted and the witnesses presented by the offended party in the criminal case. CONSOLIDATION filed BEFORE JUDGMENT on the merits in the civil NOVATION: EXTINGUISHMENT OF CRIMINAL LIABILITY action.Preference is given to the resolution of the criminal action which the accused was convicted. THIRD PARTY CLAIM IN A CRIMINAL .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o WHY? Help declog the courts dockets which are filled with BP22 o Substitution/legal representative appear and be substituted should cases as creditors actually use the courts as COLLECTORS appear 30days from notice .The independent civil action is NOT INSTITUTED with the criminal action final judgment in the criminal action that the act or omission from which the and they can proceed independently with the criminal action when instituted. DEFENDANT EFFECT OF DEATH OF THE ACCUSED ON THE CIVIL ACTION .REIMBURSMENT of or COMPROMISE only affect the civil liability.AFTER ARRAIGNMENT AND DURING PENDENCY OF THE CRIMINAL omission subject of the civil action ACTION SUBSIDIARY LIABILITY OF EMPLOYER o Civil liability of the offended party is extinguished BUT the . CROSS-CLAIM. cross-claim. Criminal case is limited to determining the guilt of the o Civil liability of the accused does not arise from or is not based upon accused.ACTION BASED ON DELICT: deemed extinguished if there is a finding in a . CONSOLIDATION OF THE CIVIL ACTION WITH THE CRIMINAL ACTION o Only the civil liability not based on the delict could be recovered in a .If civil action was commenced before criminal action: automatically reproduce .NO FILING FEES: actual damages claimed . WHEN CIVIL ACTION IS NOT ON THE CIVIL ACTION OR CIVIL LIABILITY SUSPENDED . third party claim in a criminal action evidence is required o WHY? Criminal action is not the proper proceedings to determine o Court declares that the liability of the accused is only civil civil liability. . o Case be dismissed but the offended party may file the proper civil WHEN THE SEPARATE CIVIL ACTION IS SUSPENDED action against the estate of the deceased.Upon Filing of the Joint: offended party shall PAY IN FULL the filing fees . likewise extinguish the merits in the civil case) until the final judgment of the criminal action.ESTAFA: not affected by a compromise or novation. .Novation does not extinguish criminal liability .Before an employers’ liability is enforced the following must be proven: independent civil actions may be continued against the estate or legal o Indeed employers of the convicted employees representatives of the accused.Civil Action under Article 32. civil liability may arise did not exist COUNTERCLAIM. .Need for filing of a petition finds support in jurisprudence and made only upon petition.Suspension DOES NOT prescribe the dismissal . case CONCEPT OF A PREJUDICIAL QUESTION . REASON FOR THE PRINCIPLE OF PREJUDICIAL QUESTION .Following are the requisites: o Civil case involves facts intimately related to those upon which the criminal prosecution was based o Resolution of the issue/s raised in the civil action.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o Crime was committed by the employees in the discharge of their WHERE TO FILE THE PETITION FOR SUSPENSION duties . when there is a pending prejudicial question.Suspension shall be made upon filing of a petition for suspension 16 . the second case may be suspended.Prejudicial question is one that arises in the civil case.PREJUDICIAL QUESTION is an issue involved in a civil case which is CASE ILLUSTRATION similar or intimately related to the issue raised in the criminal action. It must be instituted prior to the institution of the criminal action . .The jurisdiction to try and resolved the prejudicial question has been LODGED IN ANOTHER TRIBUNAL. o Both cases are civil. .Avoid two conflicting decisions in the civil case and in the criminal case REQUISITES FOR A PREJUDICIAL QUESTION . o One case is administrative and the other is civil. the guilt or innocence of the accused would necessarily be determined o Jurisdiction to try said question must be lodged in another tribunal.The issue in the civil case should be “determinative” of the issue in the criminal case EFFECT OF THE EXISTENCE OF A PREJUDICIAL QUESTIONS. o Both cases are administrative.Petition for suspension does not required that the criminal case be already filed o Execution against the latter has not been satisfied in due to insolvency in court .Determined: in the same criminal action with due notice to the employer.Petition for suspension is not to be filed in the civil case but in the criminal part of the proceedings for the execution of the judgment. SUSPENSION DOES NOT INCLUDE DISMISSAL . the resolution of which determines whether or not the criminal action may proceed . o BUT the civil action should have commenced before the criminal action .NOT BE INVOKED WHEN: o Both cases are criminal. o One case is administrative and the other criminal.Filing of a PETITION before the suspension of the criminal actions is allowed.Determination of the pendency of the civil action should be made at the first instance NOT BEFORE SC in an appeal from civil action. as .FILED in the office of the prosecutor conducting the preliminary invenstigation . SUSPENSION OF THE CRIMINAL ACTION . MAY BE WAIVED .It effect a realistic judicial appraisal of the merits of the case . prosecutor does not perform acts of a quasi.Executive in nature .judicial body. There is PROBABLE CAUSE to believe that the accused is guilty.Mere INQUIRY or a PROCEEDING not a trial . from the trouble. . But here is where the similarity ends. and a o existence of such facts and circumstances as would lead a decision is rendered thereon. and should be held for trial…” RIGHT TO A PRELIMINARY INVESTIGATION.Right is of STATUTORY CHARACTER and may be invoked only when held for trial.Authority of a prosecutor or an investigating officer to conduct a . not a fundamental right nor rights . to be .NOT REQUIRED by the constitution.BAUTISTA vs CA – honest and strong suspicion that the person charged is guilty of o it was held that a prosecutor is not a quasi judicial body the crime subject of the investigation 17 .DETERMINE: . A closer scrutiny o “…Preliminary investigation is an inquiry or a proceeding the will show that preliminary investigation is very different from purpose of which is to determine whether there is sufficient other quasi-judicial proceedings.JUDICIAL PROCEEDING happens when there is an opportunity to be . expenses and anxiety of PRELIMINARY INVESTIGATION PRELIMINARY a public trial.Basis for distinction: sound policy preliminary investigation is no less than that of a municipal judge or o Judges would not be unduly laden with the preliminary even a regional trial court judge investigation instead of concentrating on hearing and deciding o NOT A JUDGE but must be considered to be a quasi-judicial cases filed before their courts. WAIVABLE .It is a SUBSTANTIVE RIGHT to be released .Since it is a statutory right then it becomes a component of DUE rigors and embarrassment PROCESS IN CRIMINAL JUSTICE.When? 1.To determine probable .WHO CONDUCTS? .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES CHAPTER 4: PRELIMINARY INVESTIGATION o it is clarified that like judicial bodies. PURPOSE in the executive department exercising powers akin to those of . and also to protect the State from useless and expensive INQUIRY/EXAMINATION prosecutions.Judicial function specifically created by the statute subjected to the expense.To ascertain whether the cause for the issuance of a guaranteed in the Bill of Rights alleged offender should be warrant of arrest . Crime has been committed o For failure to invoke the right prior to or at the time of the 2.Sec 1 of Rule 112 provides: a court. . malicious PRELIMINARY INVESTIGATION VS PRELIMINARY EXAMINATION and oppressive prosecution and to protect him from an open and (PRELIMINARY INQUIRY) public accusation of a crime. ground to engender a well-founded belief that a crime has o Also had similar pronouncements in SANTOS vs GO : been committed and the respondent is probably guilty thereof.WHO CONDUCTS? JUDGE NATURE OF THE RIGHT TO A PRELIMINARY INVESTIGATION PROSECUTOR . of trial or if the offender is . the prosecutor is an office NATURE OF PRELIMINARY INVESTIGATION. person of ordinary caution and prudence to entertain an .DEFINITION heard and for the production of and weighing of evidence. plean .ULTIMATE PURPOSE: to secure the innocent against hasty. officer PROBABLE CAUSE IN PRELIMINARY INVESTIGATION . Thus. absent a finding that an information is invalid on its face or that e. Address of the respondent shall be indicated in the complaint against the accused.Finding probable cause merely binds over the suspects to stand trial offense where the law prescribes a penalty of at least 4 years 2 months and is not a pronouncement of guilt. or government official authorized to administer oaths. Establish probable cause. Filing the complaint directly with the prosecutor criminal case must be filed in court 2. and 1 day without regard to the fine .Prosecutor shall act on complaint based on the affidavits and other been committed by the person arrested” supporting documents submitted WITHIN 1. DIRECT FILING WITH THE MUNICIPAL TRIAL COURT 18 . before a notary public. Appropriate copies of the above as there are respondents + 2 arrest warrant. for the official files must be submitted . or in a judge’s determination of probable case is limited only to the judicial their absence or unavailability. 2 ways to initiate the crime as defined by the law criminal action o Has quasi – judicial authority to determine whether or not a 1. common sense which all reasonable men have an abudance o Probability of guilt MORE THAN bare suspicion LESS than CASES REQUIRING A PRELIMINARY INVESTGATION evidence to justify a conviction. . each of kind or for the purpose of deciding whether a warrant should be whom must certify that he personally examined the affiants issued.REQUIRED : before the filing of a complaint or information for an . KINDS OF DETERMINATION OF PROBABLE CAUSE o Some offenses which were before were not covered by the .NOTE: judges refers to “facts and circumstances that would lead a understood their affidavits reasonably discreet and prudent man to believe that an offense has . EXECUTIVE DETERMINATION OF PROBABLE CAUSE preliminary investigation as long as it is punishable by 4 years 2 o Done during preliminary investigation months and 1 day. o Pertains to the public prosecutor PROCEDURE FOR CASES NOT REQUIRING A PRELIMINARY INVESTIGATION Determine whether probable cause exists .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o not need clear and convincing evidence of guilt as investigation o No technicality should be resorted but on the calculus of officer acts upon reasonable belief.RA7691 o Whether sufficient facts exist which show that. and that he is satisfied that they voluntarily executed and .NOT REQUIRED Preliminary Investigation because penalty prescribed To charge those whom he believes to ave committed by law is less than 4years 2 months and 1 day.Filed with the prosecutor (also as in Manila and other chartered cities) o To ascertain whether a warrant of arrest should be issued 1. of offenses within the jurisdiction of the RTC. in bringing the o Expanded and included Municipal Trial Court to take cognizant criminal action. JUDICIAL DETERMINATION OF PROBABLE CAUSE DIRECT FILING WITH THE PROSECUTOR o Made by the judge . the complaint shall be accompanied by: o Judge must satisfy himself that based on the evidence a.2 kings of determination of probable cause : required preliminary investigation are now subject to 1.DAYS FROM ITS FILING. Affidavit of complainant submitted there is necessity for placing the accused under b.TEST IN A MALICIOUS PROSECUTION CASE: . Affidavits of the complainant’s witnesses custody in order not to frustrate the ends of justice c. Filing the complaint or information with the Municipal Trial Court 2. Affidavits shall be subscribed and sworn before any prosecutor the prosecutor committed manifest error or grave abuse of discretion. Other supporting documents o NO PROBABLE CAUSE – judge cannot be forced to issue the d. complainant acted with probable cause. 2. INV. Still finds no probable cause : dismiss the case within the RPC (Delay in the delivery of the detained persons 10days from submission of additional evidence. MOTION TO HOLD PRELIMINARY o An information or complaint may be filed against him without INVESTIGATION – should be addressed to the a need for a prelim inv. investigation . Already been arrested : issue a commitment order The person accused may still ask for a iii.Should be APPLIED FOR AND ISSUED by the court where the person arrested is held. Issue a warrant of arrest RPC Art 125) Not MANDATORY and is to be issued if there is Prelim inv.Waiver of Art 125 RPC does not bar him from applying for bail. JUDGE FINDS NO PROBABLE CAUSE . in the same way as when the complaint is filed the offended party or arresting officer or person directly with the prosecutor. WITHIN 10 days PRELIMINARY INVESTIGATION . 19 . PERSON ARRESTED LAWFULLY WITHOUT A WARRANT MAY ASK FOR A 2. the judge after personally evaluate the evidence or personally .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES 1.Right to Bail is supported by Sec 6 Rule 112 and Sec 17(c) of Rule 114 2. 1.Even no information has not yet been filed the arrested person may o In inquest will be conducted instead of a preliminary apply for bail. court. Arrested in a place where inquest prosecutor is unavailable . JUDGE DESIRES TO FURTHER DETERMINE EXISTENCE OF Should be done BEFORE the complaint of information PROBABLE CAUSE – may require the submission of additional is filed evidence within 10days from notice.INQUEST PROCEEDING: PERSON ARRESTED LAWFULLY WITHOUT A case WARRANT BUT REQUIRES PRELIM. IF A COMPLAINT OR INFORMATION HAS BEEN FILED ii. to proper judicial authority). Must be terminated 15 days from its necessity of placing the accused under inception immediate custody. Must sign a WAIVER of the provisions of Article 125 of i. “Motion for Re-investigation” o INQUEST PROCEEDINGS shall be made if he was lawfully BAIL FOR A PERSON LAWFULLY ARRESTED DURING THE PRELIMINARY arrested INVESTIGATION o Lawfully arrested : examples are in flagrante delicto . signed by the arrested c. Directly filed with MTC and involves an offense punishable by 4 years 2 o Complaint may be filed directly with the proper court by the months and 1 day : procedure and requirements under Sec 3 (a) Rule offended party or a peace officer on the basis of the affidavit of 112 shall be observed. Arrested in a place where in inquest prosecutor is available . Issue a summon : be issued if the judge is satisfied that preliminary investigation within 5 days from there is no necessity for placing the accused under the time he learns of its filing with the same custody right to adduce evidence in his defense under WHEN PRELIMINARY INVESTIGATION IS NOT REQUIRED EVEN IF THE OFFENSE Rule 112 IS ONE WHICH NORMALLY REQUIRES A PRELIMINARY INVESTIGATION The court no assumes jurisdiction over the . JUDGE FINDS PROBABLE CAUSE and in the PRESENCE OF HIS COUNSEL (RA7438 amend i.Sec 6 Rule 112 examine in writing and under oath the complainant and his witnesses o INQUEST is a proceeding which shall normally apply when a in the form of searching questions and answers persons is lawfully arrested without a warrant a.dismiss the same o Accused MAY ASK for a preliminary investigation b. He shall recommend the release if the detainee procedures set forth in Sec 3. age.Inquest is NOT a preliminary investigation . etc) ABSENCE OF PRELIMINARY INVESTIGATION. o Duty to determine if the detained person has been arrested in INQUEST PROCEEDINGS accordance with Sec 5 (a) and (b) of Rule 113 of the ROC . .COMMENCEMENT OF INQUEST PROCEEDINGS grounds under Sec 3 Rule 117 o At the time the Inquest Officer receives the complaint and .After a plea is made an accused is deemed to have forgone his right to PNP in order to expedite and facilitate the disposition of raise the absence of preliminary investigation or any irregularity. EFFECT ON JURISDICTION OF 4. Statements of the complainant and the witnesses ABSENCE OF PRELIMINARY INVESTIGATION. Other supporting evidence gathered THE COURT NOTE: this shall be subscribed and sworn to before the 3.To question the regularity or absence of preliminary investigation must detained should remain under custody and then charged in court.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES QUESTIONING THE ABSENCE OF PRELIMINARY INVESTIGATION . health.NOT ARRESTED IN ACCORDANCE WITH THE ROC . which enumerates the . the information or oust the court of its jurisdiction over the case. NOT A GROUND FOR MOTION . Of Rule 112 or the ROC 2.Inquest Officer has INITIAL DUTY grounds for a motion to quash a complaint or information. Note down the disposition on the referral document o investigation conducted by a prosecutor in a criminal case 3.INQUEST : o Inquest officer shall not proceed with the proceedings o summary investigation and which does not follow the 1.MOTION TO QUASH: NOT a proper remedy because it is not one of the .If necessary require the presence of the complaining witnesses and TO QUASH subject them to an informal and summary investigation or examination 5. to quash. Investigation report may be conducted 3. Absence of preliminary investigation is not a ground for a motion for purposes of determining the existence of probable cause. . POSSIBLE OPTIONS OF THE INQUEST PROSECUTOR 6. maximum security detention. inquest case .NO PRELIMINARY INVESTIGATION AND ACCUSED CALLS THE referral documents from the law enforcement ATTENTION OF THE COURT TO SUCH IRREGULARITY o Document includes o Court should dismiss the information 1.CONDUCTED BY public prosecutor who is assigned inquest duties as an o Court shall resolve the matter as early as practicable but not INQUEST OFFICER later than the start of the trial o Discharge duties only at police stations/headquarters of the . Forward the same together with the record of the case to o informal and summary the City of Provicial Prosecutor for appropriate action 20 . Affidavit of arrest o Remand the case to the prosecutor so that the investigation 2.PURPOSE: its purpose is to determine whether or not the person .Conducted when a person is lawfully arrested without a warrant o He mat examine the arresting officers on the circumstances involving an offense which requires preliminary investigation surrounding the arrest or apprehension of the detained person . Prepare a brief memorandum indicating the reasons for where a person has been lawfully arrested and detained the action he took without a warrant of arrest 4. Does not affect court’s jurisdiction over that case nor does it impair Inquest Officer by the affiants the validity of the information or otherwise render it defective. Not a ground provided for in Sex 3 Rule 117. be done BEFORE he enters his plea.Detained person should be present during the inquest proceedings 4. Denial of a motion for reinvestigation cannot likewise invalidate unless reason exist that would dispense his presence (hospital. when such . : prepare the investigated by it. office or agency.COMELEC under the Omnibus Election Code and RA 9363: duly warrants the conduct of a regular prelim. It the release of the detained person could spell the difference between months if not years of agonizing THE INQUEST MUST PERTAIN TO THE OFFENSE FOR WHICH THE ARREST WAS trial and possibly jail term.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o Recommendation is approved 2.Beltran vs People : the person was arrested for inciting to sedition but o the manner in which the prosecution panel conducted the an inquest was made for rebellion. : he shall be (and subpoenas duces tecum) for compulsory attendance of made to execute a waiver of the provisions of Article witnesses and the production of documents and information 125 of the RPC with the assistance of a lawyer relating under its investigation Prelim Inv. shall include all crimes release cognizable by the proper court in their respective territorial Officer shall serve upon the detainee a notice of jurisdiction preliminary investigation if the evidence on hand . arrested .Inquest conducted must be for the offense for which the detainee was justice. file and prosecute cases o FOUND PROBABLE CAUSE in the prelim inv. or complaint.OFFICE OF THE OMBUDSMAN has the authority to investigate and complainant and his witnesses and other supporting prosecute on its own or on complaint by any person any act or evidences omission of any public officer or employee. Shall be conducted by the Inquest Officer . Prosecutor to whom the assistance of the Office of the Solicitor General and other government case may be assigned. affidavits or sworn statements of the . Inv. agencies is empowered to investigate.Who are authorized to conduct a preliminary investigation officers of CIDG-PNP as complaints and accepted the 1. o Inquest shall proceed o Has primary jurisdiction over cases cognizable by the Inquest officer must first as the detained person if he Sandiganbayan desires to avail himself of a preliminary investigation o Office of the ombudsman has full authority to issue subpoenas Detainee avails himself of a prelim inv. preliminary investigation.The case is illustrative of how preliminary investigation is crucial.The case discussed: .PRESIDENTIAL COMMISSION ON GOOD GOVERNMENT with the himself or by any other Asst. Provincial or city prosecutors and their assistants affidavits attached to the letters even though some 21 .: recommend . WHO MAY CONDUCT PRELIMINARY INVESTIGATION AND DETERMINE Charged 48 people with rebellion EXISTENCE OF PROBABLE CAUSE The prosecutor treated the unsubscribed letters of the .ARREST WAS PROPERLY AFFECTED act or omission appears to be illegal. National and regional state prosecutors The release shall be served on the officer having 3. MADE . unjust or improper. corresponding information with the recommendation that the THE PROCEDURE FOR PRELIMINARY INVESTIGATION MUST BE STRICTLY same be filed in court. is a substantive right that is part of due process in criminal . FOLLOWED o NO PROBABLE CAUSE FOUND in the prelim inv. Other officers as may be authorized by the law custody of said detainee so the arrested may be NOTE: authority to conduct prelim inv.prelim inv. Of all Detainee shall be furnished copies of the charge sheet election offenses punishable under the Omnibus Election Code. authorized legal officer has the power concurrent with the other Detainee shall be approved for further investigation prosecuting arms of the government to conduct a prelim inv. Affidavits of the witnesses examine the evidence submitted by the complaint c. Other supporting documents h. issue a subpoena to the respondent : finds the need to continue affidavit of complaint investigation b. Prosecutors filed the information with the RTC of 2. INITIAL STEPS IN PRELIMINARY INVESTIGATION. dismiss the complaint : NO ground to conduct the investigation a. Any prosecutor and not necessarily before the investigating to present a masked man who subscribed to an prosecutor affidavit before the prosecutor. 22 . Complaint filed for preliminary investigation is different respondent and shall be made available for examination from complaint filed for instituting a criminal prosecution. subpoenas the petitioners ii. Copies to be filed shall be in such number i. Latter refers to the complaint filed in Sec 3 Rule that a prosecutor or qualified government official was 110 and in the Name of the People of the unavailable. f. from filing the complaint. Philippines After receiving letters. Required to state the address of the respondent and g. Evidence is voluminous: complainant may be required to as there are respondents + 2 for official file specify those which he intends to present against the d. investigating officer has 10 days to decide 1. Duty of the people before whom the affidavits were subscribed and THE petitioners and his counsel. He may not have been furnished with such and to copy c. Government official authorized to administer oaths Copies of the affidavit were distributed to members of c. Filing with the investigating prosecutor that starts the preliminary which of the following option to take investigation process. and copying at the respondent’s expense. the media who covered the proceedings BUT NOT TO 3. In the absence or unavailability before a notary public. FILING OF THE COMPLAINT DISMISSAL OF THE COMPLAINT OR ISSUANCE OF A SUBPOENA FOR PRELIMINARY INVESTIGATION 1. This shall include copy of the complaint and its supporting accompanied by: affidavits and documents. Actual application it is normally.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES were notarized by a notary public without showing i. a. NOTE: documents are required in order to establish them at his expense. Affidavits of the complainant 2. sworn to: Prosecutor then required petitioner to submit counter e. initiated through an b. a. to certify that he personally examined the affiants and that o DOJ panel of prosecutors denied petitioners motion and their he is satisfied that they voluntarily executed and subsequent motion for reconsideration understood the affidavits. Respondent to whom the subpoena was issued shall have the right to b. b. Complaint in the preliminary investigation is not requiring them to appear at the DOJ to secure copies just the affidavit of the complainant because his of the complaints and its attachment affidavit is treated as a component of the During investigation the complaint. Hierarchy with respect to the persons whom the affidavits may be Makati subscribed and sworn to: During investigation. Conduct a personal examination of the affiants and affidavit within 10 days but petitioner only acquired corollarily the affidavit and attachment 4 days after. the prosecutor allowed the CIDG a. probable cause. . o Investigating officer shall prepare the resolution and SHOULD BE DONE BEFORE PROSECUTOR ISSUED A RESOLUTION IN THE information CASE 23 .Determination of probable cause is recognized as an executive function AFFIDAVIT exclusively of the prosecutor. the investigating 7. administer oaths. in their absence before a notary public. His counter – affidavit . INFORMATION ACTION TO BE TAKEN IF THE RESPONDENT DOES NOT SUBMIT HIS COUNTER.NOTE : RULE OF COURT liberally construed : respondent should be INVESTIGATION allowed though a proper motion to have the proceedings reopened to . . CLARIFICATORY HEARING IF NECESSARY.The hearing is set if there are facts and issues to be clarified either required to submit for his defense: from a party or a witness i. Instead.CLARIFICATORY HEARING is not indispensable during prelim inv.Hearing shall be terminated within 5 days.Prosecutor officer cannot be compelled to file a criminal action if he is granted to him the investigating officer shall resolve the complaint not convinced that there is enough evidence to support its averments.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES j. NOT ALLOWED to filed a motion to dismiss in lieu of a o Within 10 days from expiration of the period for their counter-affidavit submission l. CERTIFICATION OF PRELIMINARY .days . It is m. the respondent hold respondent for trial. may likewise rebut the reply – affidavit through a rejoinder. Supporting documents . . copying.Parties can be present but NOT HAVE THE RIGHT to examine or cross- ii.affidavit shall be subscribed and sworn before any officer who shall ask the question to the party or witness concerned prosecutor or before any government official authorized to .IF FOUND CAUSE TO HOLD RESPONDENT FOR TRIAL: allow him to submit his counter affidavit and other documents. COMMON PRACTICE: allow the filing of a reply to the counter prosecutor shall determine whether or not there is sufficient ground to affidavit usually denominated as a reply – affidavit. . affiants and that he is satisfied that the voluntarily DETERMINATION BY THE INVESTIGATING OFFICER executed and understood their affidavits. DISCRETION OF PROSECUTOR IN FILING OF A CRIMINAL COMPLAINT OR affidavit. he is . based on the evidence presented by the complainant .DISCRETION by the prosecuting officer is involved in the determination o This rule shall also apply if the respondent cannot be of probable cause then MANDAMUS under Rule 65 will not compel the subpoenaed – become an ex parte investigation because filing of a complaint of information respondent cannot or does not participate in the proceedings. within 10days from receipt of subpoena. NO MOTION TO DISMISS . RESOLUTION OF INVESTIGATING OFFICER.Despite subpoena still does not submit counter affidavit within 1. Respondent receiving the subpoena and other supporting o Within 10days from the submission of the counter – affidavit documents and other documents filed by the respondent OR k. The person whom the affidavits were subscribed and within the discretion of the investigating officer whether to set the sworn must certify that he personally examined the case for further hearings to clarify some matters.If the parties have question : submit the question to the investigating 2. Objects as evidence need not be furnished but shall be o The motion should include an explanation for the failure to made available for examination. Counter. at the expense of the requesting party. Affidavits of his witnesses examine each other or the witnesses iii.Within 10 days from termination of investigation. or photographing timely file the counter affidavit. NO RIGHT OF CROSS EXAMINATION FILING OF COUNTER-AFFIDAVIT BY THE RESPODENT.A HEARING must be set by the investigation officer WITHIN: 1. . .Aggrieve party under current practice is NOT PRECLUDED from filing a That accused is probably guilty thereof motion for reconsideration within 15 days from receipt of the assailed Accused was informed of the complaint and of the resolution evidence submitted against him . and its absence cannot vitiate it as such. .NON EXTENDIBLE PERIOD OF 15 days – adverse party upon receipt of RULE WHEN RECOMMENDATION FOR DISMISSAL IS DISAPPROVED the copy of the petition may file a verified comment.In cases of prelim inv.APPEAL IS MADE by filing a petition for review with the office of the o chief state prosecutor or secretary. NEED FOR resolution APPROVAL BEFORE FILING OR DISMISSAL o MOTION FOR RECONSIDERATION/REINVESTIGATION has bene . aggrieved may appeal within 15 days from the He was given opportunity to submit controverting denial of the motion for reconsideration evidence. There is reasonable ground to believe that a crime has MOTION FOR RECONSIDERATION been committed .The information shall be valid prosecutors and provincial/city prosecutor o Notwithstanding the absence in the information of a .the resolution shall be acted on within 10 days from receipt and shall appealed resolution immediately inform the parties of such action o Petition must contain matters under Sec 5 of Dept.no complaint or information may be filed or dismissed by an 70 investigating officer without the prior WRITTEN AUTHORITY OF o FAILURE TO COMPLY – constitute ground for the dismissal of APPROVAL of the officials stated above.IF FOUND NO CAUSE: . regional state . FILING A PETITION FOR REVIEW .Investigating officer recommends DISMISSAL but is disapproved was filed then the appeal shall be resolved on the basis of the petition 24 .WITHIN 5 days from his resolution.SECRETARY OF JUSTICE has the authority to decide which of the certification as to the holding of preliminary investigation conflicting theories of the complainants and the respondents should be o Certification is not an essential part of the information itself believed.MOTION IS DENIED. the petition.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o Information shall contain Certification by the investigating o The provincial/city/chief state prosecutor or ombudsman may officer under oath in which he shall certify to the following by himself file the information against the respondent OR He or as shown by the record has personally examined o Direct another assistant prosecutor to do so without the complaint and his witnesses conducting another prelim inv.RESOLUTION may be reversed or affirmed by the officials stated above.APPEAL shall be taken within 15 days from receipt of the assailed FORWARDING OF THE RECORDS OF THE CASE FOR ACTION. Circular No . if NO COMMENT . Department of Justice o the Ombudsman or his deputy in cases of offenses cognizable o Must be verified and copies of the same must be furnished to by the Sandiganbayan the adverse party and the prosecution office issuing the . Or re-investigation o Dismissal of the complaint o Appeal may be brought to the secretary of justice from the EFFECT OF THE ABSENCE OF THE REQUIRED CERTIFICATION resolutions of the chief state prosecutor. APPEALS FOR THE SECRETARY OF JUSTICE. prosecutor shall forward the record filed within 15 days from receipt of the assailed resolution of the case to the: o APPEAL shall be taken within 15 days of receipt of the denial of o Provincial prosecutor or the motion for reconsideration/reinvestigation o city prosecutor or . judicial function when it concerned reviews the finding of a public prosecutor regarding the presence of 25 . File the corresponding information without o Petition shall not be given due course conducting another preliminary investigation o EXCEPT : even if accused has been arraigned the Secretary of 2. .DOJ is not an agency exercising a quasi. Dismiss or Move for dismissal of the complaint of Justice shall not be barred from exercising his power of review. another prosecutor may be designate to conduct of the Revised Rules of Civil Procedure.APPEAL / PETITION IS WITHOUT MERRIT OR INTENDED FOR DELAY the .MOTION FOR RECONSIDERATION on the decision of the Secretary of for certiorari Justice may be filed within a non-extendible period of 10days from ASSAILING THE RESOLUTION OF THE SECRETARY OF JUSTICE.Secretary may reinvestigate the case if found necessary and the discretion amounting to lack or excess of jurisdiction : COURT OF reinvestigation shall be made by the investigating officer. SAY ON THE CASE . entertained. false or serious prosecutions. PETITION FOR receipt. POWER OF THE SECRETARY OF JUSTICE TO REVERSE RESOLUTIONS OF May also dismiss petition for review motu proprio or upon motion on PROSECUTORS any following grounds . the same.INFORMATION HAS BEEN FILED AND ACCUSSED HAS ALREADY BEEN o He shall direct the prosecutor to ARRAIGNED before the filing of the petition 1. PETITION FOR CERTIORARI UNDER o Copies of such motion and proof of resolution service shall be RULE 65 served upon the adverse party and the Prosecution Office . o Offense has already prescribed . unless for APPEALS may take cognizance in a petition for certiorari Under RUla65 compelling reasons.Action of the provincial/citychief state prosecutor is NOT THE FINAL resolution of the prosecutor is pending.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES .Powers of the Secretary of justice over his subordinate (prosecutors) o Petition for review is filed beyond the period prescribed duties and substitute the judgment with theirs: o Prescribed procedure and requirements provided in Circular 70 o Alter not complied with o Modify o No showing ay reversible error o Nullify o Accused was already arraigned when the appeal was taken o Set aside o Appealed resolution is interlocutory in nature EXCEPT when it .SECRETARY may reverse or affirm or modify the appealed resolution.Secretary of Justice is bound by his oath of office to protect innocent suspends the proceeding based on prejudicial question persons from groundless.NOTE: appeal does not hold or prevent the filing of corresponding o No further or second motion for reconsideration shall be information in court UNLESS the Secretary of Justice directs otherwise. o Decision of CA may be appealed to the SC by way of petition . information with notice to the parties . REVIEW UNDER RULE 43 NOT ALLOWED.the authority to decide which of the conflicting theories of the o Other legal and factual grounds that exist or warrant a complainants and the respondents should be believed dismissal . modify the resolution .DECISION OF SECRETARY OF JUSTICE is tainted with grave abuse of .PARTY FILING FOR REVIEW is allowed to file a MOTION FOR THE RULES OF COURT PROVISIONS WHEN RESLUTION IS REVERSED OR MODIFIED SUSPENSION OF THE ARRAIGNMENT (Rule 116 Sec 11 c) BY THE SECRETARY OF JUSTICE o Arraignment shall be suspended if petition for review of the .On Petition of the proper party the Secretary of Justice may reverse of Secretary of Justice shall dismiss the petition outright. Remedy is to file a petition for certiorari under Rule 65 (CA-> SC) . 58 provides that appeals for petition for review of ACTION OF THE JUDGE UPON THE FILING OF THE COMPLAINT OR decision/orders/resolutions of the Sec. previously issued.ADMINISTRATIVE APPEAL is not proscribed. APPEALS UNDER RULE 43 AND RULE 45 Engenders a doubt as to the existence of probable . Of the President is appealable to the CA within 5 days from notice by filing a verified petition for review under Rule 43 Issue must be resolved within 5 days from notice 26 . NO.Determination of probable cause during the preliminary investigation RECORDS SUPPORTING THE INFORMATION OR COMPLAINT FILED IN COURT is done by the executive branch .Event of an adverse decision against the appellant: verified petition for information was already filed pursuant to review may be taken to the CA within 15 days from notice of the final lawful warrant arrest or accused has already order of the president of the office of the president following Rule 43 been arrested pursuant to a warrant ROC procedures.WITHIN 10 days from filing of the complaint : o Offense is punishable by reclusion perpatua to death o Judge shall personally evaluate the resolution of prosecutor o New and material issues are raised which were not presented and the judge shall look into its supporting evidence before the DOJ o Judge may find evidence o Prescription of the offense is not due to lapse within 6 months Fails to establish probable cause from notice of the questioned resolution.FROM OFFICE OF THE PRESIDENT : aggrieved party may file an appeal cause with the CA under Rule 43 (Office of Pres -> CA) Prosecution may submit additional evidence o Resolution of the Off.Complaint / information is filed REQUIRES SUPPORTING DOCUMENTS o Court are not empowered to substitute their own judgment for o Affidavits that of the executive branch o Counter affidavits o CA may review resolution of Secretary of Justice under petition Of the parties and their witnesses for certiorari under Rule 54 SOLELY ON THE GROUND of abuse o Other supporting evidence and the resolution of the case of discretion amounting to excess of lack of jurisdiction . final petition for review under Rule 43 order o resolution of CA appeal by certiorari to the SC under Rule 45 .FROM THE COURT OF APPEALS: aggrieved party by the judgment.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES probable cause and that its findings are not reviewable by the CA in a . MEMORANDUM CIRCULAR resolution of the case. of Justice are entertained by INFORMATION the Office of the President on the following CONDITIONS: . o Judge shall dismiss the case o Appeal or petition for review is filed within 30 days from notice Establishes probable cause NOTE: if not fall within jurisdiction of the Office of the Issue a warrant of arrest President : DISMISSED Issue a commitment warrant : IF complaint/ .RULE 43 from the resolution of the Secretary of Justice : appeal o BUT the court in its own initiative or on motion of any party referred to in such pronouncements evidently pertains only to a may order the production of the record or any of the parts of JUDICIAL APPEAL the preliminary investigation when necessary for the .Record of the preliminary investigation shall not form part of the APPEAL TO THE OFFICE OF THE PRESIDENT record of the case . 27 . competence. Accused is already under detention and was lawfully arrested without a warrant and a complaint or information iii.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Issue must be resolved within 30 days from .It is within the discretion of the judge to issue a warrant for the arrest of an accused in a criminal case Judge personally evaluate the resolution of the prosecutor and its supporting evidence o May dismiss the case if no probable cause o There is probable cause then he is MANDATED BY LAW to issue a warrant Power to order the arrest of the accused is limited to instances in which there is necessity for placing him in custody in order not to frustrate the ends of justice. WITHDRAWAL OF THE INFORMATION ALREADY FILED IN COURT . any disposition of the case or dismissal or acquittal or conviction of the accused rests within the jurisdiction. MTC has issue a warrant pursuant to Sec 4 Rule 112 and detained Sec 5 Rule 112 b. public prosecutor or Secretary of Justice. arrested on books) i. Complaint of information has already been filed pursuant to a lawful warrantless arrest.MOTION TO DISMISS case filed by the public prosecutor should be addressed to the court which has the option to grant or deny. Trial court should not rely solely and merely on the findings of the filing of the complaint or information.Once a criminal complaint or information is filed in court.WARRANT OF ARREST IS NOT REQUIRED IN THE FOLLOWING: SOME JUDICIAL PRONOUNCEMENT ON PRELIMINARY INVESTIGATION (cases a. ii. . and discretion of the trial court o One a criminal action is instituted by the filing of an information with the court the latter acquires jurisdiction and has the authority to determine whether to dismiss the case or convict or acquit the accused. WHEN WARRANT OF ARREST IS NOT NECESSARY o Trial court has the option to grant or deny the motion . Accused is charged for an offense punishable only by fine . occasionally use lethal force in the line of duty o necessity arises only when there is an utter failure of the evidence to o Should be exercised within the boundaries of the law show the existence of probable cause – otherwise the judge may reply o When exceed those boundaries of the law. Talingdan vs Eduarte . Article III Bill of Rights investigation (if any is submitted) o Probable cause to be determined personally by the judge . make arrests. Judge should consider . LAW ENFORCEMENT OFFICERS – entrusted with the power to conduct 2. TO MAKE AN ARREST – need not be actually restrained by the person obliged to conduct the personal examination making the arrest To require this would be to unduly laden them with the o Submission to the custody of the person making arrest already preliminary examinations and investigations of criminal constitutes an arrest complaints instead of concentrating on hearing and deciding o Control over the person under custody -> restraint on his liberty to the cases filed before the. ARREST WITHOUT PROBABLE CAUSE – unreasonable seizure of a person INVESTIGATION and violates the privacy of persons PRELIMINARY INQUIRY PRELIMINARY INVESTIGATION .does not mean that judges are . Warrant is delivered to the proper law enforcement agency for execution o NOT MANDATORILY require the judge to personally examine the . satisfy himself as to the existence of probable cause o For specific and definite purpose o Personal Determination by the judge. he may disregard the prosecutor’s report and require the investigation. . expenses ad anxiety of o Reliance on COMMON SENSE a public trial . admissibility of any evidence collected for prosecution. extent that he is not free to leave on his own volition . perform searches and seizures of persons and their submission of supporting affidavits of witnesses belongings. HOW ARREST MADE documents submitted by the prosecutor or . AAA vs Carbonell o There is grave abuse of discretion for dismissing the case on the METHOD OF ARREST WITH A WARRANT. within 10 days from receipt 28 . SEC 2. SEC 5(B) of Rule 113 – probable cause must be based on the personal o Report of the investigating prosecutor knowledge by the arresting officer of facts and circumstances that the arrestee o Affidavit and the documentary evidence of the parties is indeed the perpetrator of the criminal act. PROBABLE CAUSE – facts that would lead a reasonably discreet and prudent Determines probable cause for the Ascertains whether the offender should man to believe that a crime has been committed and that it was likely issuance of a warrant of arrest be held for trial or be released committed by the person sought to be arrested.WARRANT NEED NOT BE IN ground that petitioner and her witnesses failed to comply with his POSSESSION OF THE OFFICER orders to take the witness stand . Judge Investigating prosecutor o Determine probable cause: average man’s weighs the facts and PURPOSE: insulate from the very start circumstances without resorting to the calibrations of the rules of those falsely charged with crimes from evidence of which he has no technical knowledge the tribulations. ARREST – taking of a person into custody in order that he may be bound to o it is the exclusive and personal responsibility of the issuing judge to answer for the commission of an offense. o Counter – affidavit of the accused and his witnesses REQUISITES FOR THE ISSUANCE OF A WARRANT OF ARREST o Transcript of stenographic notes taken during the preliminary . He may opt to personally evaluate the report and supporting ARREST. DIRECTLY FILE WITH MTC Sec 8(b) Rule 112 in relation to Sec 1 (b) o after examination under oath or affirmation of the complainant and the o Personally evaluate the evidence OR witnesses he may produce and o Personally examine in writing and under oath the complainant and his o particularly describing the place to be searched and the witnesses in the form of SEARCHING QUESTIONS and ANSWERS o persons or things to be seized PRELIMINARY INQUIRY (EXAMINATION) VERSUS PRELIMINARY . they jeopardize the on the report.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES CHAPTER 5: ARREST 1. Head of the Office (law enforcement) shall cause the warrant to be executed complainant and her witnesses. 1. PERFORMANCE OF OVERT ACTS that would indicate that he has NO UNNECESSARY VIOLENCE committed. there should be: nearest police station or jail without unnecessary delay. EXCEPTION: Rule 113 of the Rules of Court with GOOD FAITH in the part of the peace officers making the arrest 1.EXCEPTION. INFO. WHEN MAKING AN ARREST WITH A WARRANT . PERSONAL KNOWLEDGE: must be based on probable cause . Authority to effect a arrest carries with it an authority to orally summon as . DUTY OF THE ARRESTING OFFICER : deliver the person arrested to the a warrantless arrest. IN FLAGRANTE : in his presence the person to be arrested has METHOD OF ARREST WITHOUT A WARRANT committed. 1. NO VIOLENCE OR UNNECCESARRY FORCE shall be used in making an 2. May be made by a PEACE OFFICER or a PRIVATE PERSON (citizen’s . or is attempting to commit an offense o FAILURE TO EXECUTE: report shall include the reasons for its non. Giving the information will imperil the arrest .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o Within 10 days after expiration: executor shall make a report to the . This should be done in the presence or within the view of the arresting arrest officer . NOT SUBJECT TO A GREATER RESTRAINT that is necessary for his EXISTENCE OF AN OVERT ACT OF A CRIME IN THE PRESENCE OF THE detention PERSON MAKING THE ARREST (Read book for cases) AUTHORITY TO SUMMON ASSITANCE THE HOT PURSUIT EXCEPTION . . is actually committing. ESCAPEE: person to be arrested is a prisoner who has escaped from a b. is actually committing. if the person THE BASIS OF THE IN FLAGRANTE DELICTO. ARREST BY AN OFFICER 2. Requisites: many persons as he deems necessary to assist him in effecting the arrest.CITIZEN’S 2. information need not be given if penal establishment or place where he is serving final judgment or is i. . person to be arrested is engaged in the commission of an temporarily confined while his case is pending OR escaped while being offense transferred from one confinement to another 29 . 2. Forcibly resists ARREST 3. Person previously lawfully arrested escapes or is rescued may immediately be execution pursued or retaken without a warrant . 1. NEED NOT HAVE WARRANT IN HIS POSSESION – however after the arrest) arrest the warrant shall be shown to him as soon as practicable.CITIZEN ARREST: allow arrest if in his presence. Officer shall inform the person to be arrested his cause to believe based on personal knowledge of facts or circumstances i. REASONABLE SUSPICIOSN : must be founded on probable cause coupled . authority and that the person to be arrested has committed it ii. Every person summoned by an officer is required to give the assistance 2. and he has probable a. The person making the arrest has personal knowledge of facts indicating requested provided he can do so without detriment to himself that the person to be arrested has committed it WHEN A PERSON TO BE ARRESTED IS INSIDE A BUILDING o EXCEPTION: warrantless arrest made one year after the offense has . cause of his arrest 3. An offense has been committed . Flees WHO MAY MAKE WARRANTLESS ARRET. Inform the person to be arrested of the cause of his arrest court. NEED NOT BE MADE WHEN THE PERSON ARRESTED: permission of the court. GENERAL RULE: warrant is needed in order to validly effect an arrest . HOT PURSUIT: offense has just been committed. Sec 5(a) Rule 113 “suspicion” and “reliable information” not a justification for . the person to be arrested judge who issue the warrant has committed.DUTY OF OFFICER. or is attempting to commit an offense 1. Authorize to break into any building or enclosure in case he refused admittance been committed s an illegal arrest after announcing his authority and purpose . is actually committing or is attempting to commit an offense. . He may break out from said place if necessary to liberate himself from the o actual belief or reasonable grounds of suspicion same place o supported by circumstances sufficiently strong in themselves to create WHEN A WARRANTLESS ARREST IS LAWFUL the probable cause of guilt of the person to be arrested . Inform him of the fact that a warrant has been issue for his arrest o Or if the accused attempts to depart from the Philippines without .REQUISITES arrested so requires. BONDSMEN: may arrest accused for the purpose of surrendering him to the 1. Admission to bail shall not bar the accused from challenging the validity of his 4. EXTRAJUDICIAL CONFESSION: objections. COUNSEL: independent and competent WAIVER OF THE ILLEGALITY OF THE ARREST. Signed by the person arrested . forcibly resists before the officer has the opportunity to so invitation to a person who is investigated in connection with an inform him offense he is suspected t have committed. ABSENCE OF LAWYER: his arrest if he failed to move for the QUASHING OF THE INFORMATION o no custodial investigation can be conducted against him before his arraignment o accused can only be detained in accordance with Art 125 of the RPC . LEGALITY OF ARREST: affects only the jurisdiction of the court over the . Defect is deemed waived when the person arrested submits to arraignment o CANNOT AFFORD counsel: the investigating officer should provide without objection him with a competent and independent counsel . escapes or flees o Custodial investigation shall include the practice of issuing an iv. Right to be assisted by counsel at ALL times EFFECT OF ADMISSION TO BAIL ON OBJECTIONS TO AN ILLEGAL 2. sisters. without previously invoking his . ARREST BY A PRIVATE PERSON PENALTIES UNDER RA 7438 a. Arresting officer doesn’t inform the accused of his right under RA 7438 : he INTENTION to arrest him and the CAUSE of his arrest shall suffer a penalty consisting of Php 6. Waiver of illegal arrest : NOT MEAN waiver of the inadmissibility of evidence . Any person obstructs. is in the process of being pursued immediately after its CUSTODIAL INVESTIGATION. RAISES THE OBJECTION: before he enters plea . municipal 1. RA 7438: seized during an illegal warrantless arrest 1. EXPANDED CONCEPT commission . This principle of waiver can only be applied if the accused voluntarily enters Presence of his counsel his plea and participates during trial. EFFECT OF ILLEGAL o Allowed to confer at all times with the person arrested/detained or ARREST under investigation . Any time of the day or night person of the accused RIGHTS OF A PERSON ARRESTED (RA 7438) . district school supervisor or priest or minister of the gospel as chosen by him 30 . Illegal arrest of an accused is not sufficient cause for setting aside a valid o WAIVER OF ART 125 of RPC : judgment rendered upon sufficient complaint after a trial free from error. or by arrest or the legality of the warrant issued any non governmental organization. national or international .000. spouse. giving of such information will imperil the arrest liability of the inviting officer for any violation of law 2. IN FLAGRANTE or HOT PURSUIT family of arrested to visit him: shall suffer imprisonment of not less than 4 o Person arrested without warrant shall be delivered to the nearest police years nor more than 6 years and a fine of Php 4. RA 7438 Sec 2(f) iii.00 or imprisonment of not less o NOTE: breaking into a building or an enclosure specifically refers to than 8yrs but not more than 10 years or both an OFFICER ONLY . without prejudice to the v. municipal mayor. Right to remain silent ARREST 3.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES ii.00 station or jail EFFECT OF AN ILLEGAL ARREST ON JURISDICTION OF THE COURT TIME OF MAKING AN ARREST . by his counsel. PERSONS NOT SUBJECT TO ARREST older brothers. such Should be in writing arrest does not negate the validity of the conviction of the accused.000. prevents or prohibits any lawyer or member of the 3. Right to be visited by the immediate family members. Sec 11 Art 5 of constitution judge. o Writing o There must be clear and convincing proof that the accused had an o Signed by the person detained/under investigation actual intention to relinquish his right to question the existence of o Presence of his counsel probable cause ABSENCE OF COUNSEL: presence of any of the parents. Upon waiver the accused may be ESTOPPED from assailing the illegality of . Right to be informed of the above rights . Inform the person to be arrested NOT of his authority but HIS . Public ministers of a foreign country and their duly registered domestics o NOTE: subject to the principle of reciprocity. 31 . International Law: a. Ambassadors ii.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o Senator or Congress in all offenses punishable by not more than 6 years imprisonment be privileged from arrest while the congress is in session o NOTE: NOT APPLY if the offense if punishable by more than 6 years imprisonment 2. ministers plenipotentiary e. d. charge dáffaires o are immune from the criminal jurisdiction of the country of their assignment and therefore immune from arrest 3. Under accepted principles of international law. ambassadors. ministers resident f. chiefs of states. sovereigns. c. RA75 o Prohibits arrest of duly accredited i. and other b. Power to issue? Exclusively vested with the trial judges in the exercise of their offense judicial functions o Property intended to be used as a means of committing an offense - CONSTITUTIONAL PROVISION REQUISITE FOR THE ISSUANCE OF A SEARCH WARRANT .May follow an arrest but the search seized which may be anywhere in the Philippines must be incident to a lawful arrest .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES Chapter 6 : II.Personal Property only . It is not a criminal action nor does it represent concealment of a criminal prosecution PROPERTY SUBJECT OF A SEARCH WARRANT . SEARCH AND SEIZURE –OVERVIEW ONLY NATURE OF SEARCH WARRANT APPLICATION FOR A SEARCH WARRANT. personally examine the 5. Sec 2 Article 3 of the Constitution – constitutional guarantee 1. It is a Special and Peculiar Remedy . Warrant must specifically describe the place to be searched and the things to be Taking of a person in custody . There must be probable cause in connection with one specific offense o Admissibility and inadmissibility of evidence based on search and 2. shall be attached to the record produce in determining probable cause May be made on any day and at any Usually served in the day time. The statements must be in writing and under oath make a personal examination before warrant. Plain view doctrine 32 . Complainant and the witnesses shall be examined and those facts personally person committed it known to them Judge is not necessarily required to Judge must before issuing the search 4. Legal process likened to a writ of discovery employed by the state to procure o Personal property subject of the offense relevant evidence of a crime o Stolen property or embezzled and other proceeds or fruits of the .Requires facts to show that HOW THE EXAMINATION SHALL BE CONDUCTED BY THE JUDGE in his hands that would tend to particular things connected with a 1. together with the issuing a warrant of arrest complainant and the witnesses he may affidavits submitted. WHERE TO FILE . Examination must be in the form of searching questions and answers committed and that a particular location 3. Determination by the judge must be made after an examination under oath or ARREST VS SEARCH AND SEIZURE affirmation of the complainant and the witnesses he may produce ARREST SEARCH AND SEIZURE 4. Exception: o Issued in the name of the People of the Philippines o Before any court within judicial region : the place of commission of o Signed by a judge crime is known o Directed to a peace officer o Before any court within judicial region: where warrant shall be o Commanding him to search for personal property described therein enforced and o Application shall be made only in the court where the criminal action o Bring it before the court is pending. Examination must be personally conducted by the judge show that a crime has been crime are found in a specific 2. if criminal action has already been filed. unless EXCEPTION TO THE SEARCH WARRANT REQUIREMENT time of the day or night otherwise provided in the direction of 1. Search warrant is . Warrantless search incidental to a lawful arrest the warrant 2.Covers a wide spectrum of matters PROBABLE CAUSE IN SEARCH WARRANTS on the search of both persons and . . Sworn statements of the complainant and the witnesses.Judge must have sufficient facts . Filed within whose territorial jurisdiction a crime was committed o Order in writing . Presence of probable cause is to be determined by the judge personally seizure 3.Facts and circumstances which would lead a reasonably discreet and prudent places and the seizure of the things man to believe that an offense has been committed and that the objects sought found therein in connection with the offense are in the place to be searched Probable cause: Probable Cause: . Prior valid intrusion based on the valid warrantless arrest in which the police are legally present in the pursuit of their official duties b. Search of vessels and aircraft 9. Evidence inadvertently discovered by the police have the right to be where they are c. sanitary and building regulations 33 . Consented warrantless search 5. Search of moving vehicle 4. Inspection of buildings and other premises for the enforcement of fire. Stop and frisk (terry doctrine) 7.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES a. Customs search 6. The evidence must be immediately apparent d. Exigent and emergency circumstances 8. Plain view justified mere seizure of evidence without further search 3. furnished by . Bail applicant himself BAIL IN THE MILITARY . Security given for the release of a person in custody of the law.View the law on no bail in extradition based on the modern trend of allowed to do the activities above.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES CHAPTER 6: I. Right to bail : presumption of innocence EXCEPTION TO THE “NO BAIL RULE” IN EXTRADIATION . Growing importance of the individual person in public international law civil and political rights 2. NATURE AND PURPOSE OF BAIL military men from the constitutional coverage on the right to bail . but likewise the right of the state to but sui generis. PURGANAN CASE RE-EXAMINED o Presumption of innocence not a reason for the detained accused to be . One granted bail. or hold office. Right of the accused to temporary liberty. elective appointive. bondsman . international law placing primary worth of the individual: o Presumption of innocence does not carry with it the full enjoyment of 1. BAIL (RULE 114) o Unique structure of the military should be enough reason to exempt MEANING. a class in itself protect the people and the peace of the community from dangerous elements . Before there was no bail for extradition cases since it is not a criminal in nature . compelling circumstances . Purpose: guarantee appearance of a person before any court . No Bail . Test : whether it shows evident guilt or great presumption of guilt o Grant of bail is merely permissive and not mandatory or obligatory on o Court is ministerially bound to decide which circumstances and the part of the commissioner factors are present which would show evident guild or presumption of guilt. Duty of the court to balance the right of the individual under our o Before conviction fundamental law and the law on extradition o Crime is punishable by imprisonment below reclusion perpetua . Commission on Immigration: power and discretion to grant bail in deportation o Evidence of guilt is STRONG proceedings . Higher value now being given to human rights in the international sphere 3. WHO FURNISHES THE BAIL .Country has responsibility protecting and promoting the right of every person . Why? WARRANT 34 . Bail is discretion (requires a hearing) to liberty and due process o Before conviction o Among the remedies include the right to be admitted to bail o Crime is punishable by reclusion perpetua o Evidence of guilt is NOT STRONG BAIL IN DEPORTATION PROCEEDINGS . Exist special. Constitutional right : personal in nature and therefore is waivable . to guarantee his appearance before any court as required under certain specified conditions BAIL IN EXTRADITION PROCEEDINGS . Corresponding duty of the countries to observe these universal human CONSTITUTIONAL BASIS OF THE RIGHT TO BAIL right in fulfilling their treaty obligations . Not available in the military . Right to speedy trial is given more emphasis in the military OBLIGATION AND RIGHT OF THE BONDSMENL ARREST WITHOUT A . Aliens in deportation proceedings : no inherent right to bail unless the right is o Before conviction granted expressly by law o Crime is punishable by reclusion perpetua . the applicant will not be a flight risk or a danger to the criminal case community o Civil liability depends on conviction by final judgment 2. They do not involve a determination of guilt or innocence . humanitarian. Money deposited : applied to the payment of fines and costs while the excess if PROCEEDINGS any shall be returned to the accused or to whoever made the deposit . while in detention.Exceptions to no bail rule: only upon clear and convincing showing o Not intended to cover the civil liability of the accused in the same 1. Preventive detention : cannot practice their profession nor engage in any business or occupation. Right to Bail (no hearing) 4. Equal protection clause : not acceptable since they are not similarly situated him or a bondsman. even before complaint or 2 or more sureties – each may justify in an amount less than information is filed against him that expressed in the undertaking.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . Court does not have authority to grant bail to an accused arrested outside of his . Aggregate of the justified . by the accused and an officer of the corporation duly authorized by the board of directors BAIL TO GUARANTEE APPEARANCE OF WITNESSES 2. without recognizing the from filing a motion to quash which is done before arraignment jurisdiction of the court by his personal appearance . The court upon motion of either party orders the witness to post declaration bail. Bondsman : becomes the jailer of the accused and is subrogated to all the rights Arrest him or and means which the government possess to make his control over him Upon written authority endorsed on a certified copy of the effective undertaking. upon proof or oath that a material witness will not testify registry of deeds and shall likewise made on the corresponding tax when required. Applicable only to a person in “custody of the law” COURT CANNOT REQUIRE ARRAIGNMENT BEFORE THE GRANT OF .arrest and or is legally discharged after his testimony has been taken detention o Qualifications: BAIL FOR THOSE NOT YET CHARGED Resident owner of real estate within Philippines . Court is satisfied. surrender the accused to the court for execution of the final judgment . Exception : bail required to secure the appearance of a material witness o Undertaking constituted as lien on the real property given as security o He may be ordered to post bail even if he is not under detention for the amount of the bail o Guarantee the appearance of the material witness o Within 10 days of approval -> cause annotation on the COT with the . Fugitive : may not apply for bail unless he gives himself up first so he may be BAIL placed under the custody of the law . re. o Within 10 days from compliance -> submit compliance to the court o Refuses to post bail? He shall commit him to prison until he complies o Failure to comply? Cancellation of property bond. IF the information is quashed and the case dismissed -> no arraignment . cause him to be arrested by a police officer or any other person of suitable age and discretion THE APPLICANT FOR BAIL MUST BE IN CUSTODY . otherwise the accused will be precluded just send another in his stead to post his bail. . Custody of the law ***cases*** o Virtue of a warrant o Without a warrant but pursuant to the Rules of Court FORMS OF BAIL o Voluntarily submits himself to the jurisdiction of the court as when he 1. What if confined in the hospital? May be deemed to be under the custody of the o Domestic or foreign corporation which is licensed as a surety and law if he clearly communicates his submission to the court while confined in authorized to act as such. Property bond . May be re. Application shall be made where the person arrested is held sum must be equivalent to the whole amount of the bail 35 .arrested without necessity of a warrant if he attempts to depart from ABSENTIA the Philippines without permission of the court where the case is pending o Bondsman may arrest the accused by . Bail should not be conditioned upon the prior arraignment of the accused o Why? To discourage and prevent the practice where the accused could . For purpose of surrendering the bondsman may: territorial jurisdiction o Arrest him or o Upon written authority endorsed on a certified copy of the EFFECTS OF FAILURE TO APPEAR AT THE TRIAL undertaking. Should be granted before arraignment. cause him to be arrested by a police officer or any other . A person deprived of his liberty by virtue of arrest or voluntary surrender may Only one surety – worth at least the amount of undertaking apply for bail as soon as he is deprived of liberty. may provide bail by bond subscribed jointly the hospital. Corporate surety surrenders to proper authorities o Furnished by a corporation.Failure to appear: person of suitable age and discretion o Waiver of his right to be present and the trial may proceed in . When a person has been in custody for a period equal to or more than the fine of Php 2. Bail bond posted by the accused can only be used during the 15 day period to According to Judge Pano: practice is to deposit it in the clerk appeal and not during the entire period of the appeal of court of the RTC o Continue provisional liberty on the same bail bond. EXCEPTION required but no higher than is reasonably calculate to fulfill this purpose o In flagrante . Cash deposit .000.Factors to consider? o Confesses to the commission of the offense (a) Financial ability of the accused to give bail. . In cases filed by the MTC MTCT for an offense punishable by Youthful offender held for physical and mental examination.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES 3. o Escapee – previously escaped from legal confinement. 2 months and 1 day – no necessity for trial or appeal placing accused under the custody of the law Summary proceedings (failure to appear when required) May issue summons instead of a warrant of arrest 4. Law or the ROC provides punishable by imprisonment not exceeding 6 months and/or 2. pending finality of judgment but no days of preventive imprisonment. penalty (h) Forfeiture of other bail. he shall be released after thirty (30) Applied for probation. and o Accused has been previously been pardoned by the municipal or city (j) Pendency of other cases where the accused is on bail. for an offense to which the law or ordinance attaches an equal or (f) Weight of the evidence against the accused.High enough to assure the presence of the accused when such presence is . Recognizance (sec 1 rule 114) WHEN BAIL IS NOT REQUIRED o Obligation of record with the condition to do some particular act. he Custody for a period equal to or more than the minimum shall be released immediately. shall be returned to the accused or to whoever made the deposit NO RELEASE OR TRANSFER OF PERSON IN CUSTODY. consent of the o Money deposited shall be considered as bail and applied to the bondsman is necessary payment of fine and costs while the excess. the . mayor for violation of city or municipal ordinance for at least 2 times DURATION OF THE BAIL WHEN BAIL IS NOT ALLOWED 36 . sentence or jumped bail (c) Penalty for the offense charged. If the maximum penalty to which the recognizance or on reduced bail accused may be sentenced is destierro.Excessive bail shall not be required months or fine of Php 2. Undertaking under the bail shall be effective upon approval and unless o Deposited with the nearest collector of internal revenue or provincial cancelled city or municipal treasurer . o Committed an offense while on parole or under conditional pardon (i) The fact that accused was a fugitive from justice when arrested.000 possible maximum imprisonment prescribe for the offense charged. No release or transfer EXCEPT: most usual condition in criminal cases being the appearance of the o Order of the court accused for trial o When he is admitted to bail o Recognizance : only allowed by law or by the rules of court o Release on recognizance in the following cases WHEN BAIL IS NOT ALLOWED Violation of ordinance light felony. bail was filed or accused is incapable of filing one 3. grated penalty or for 2 or more offenses to which it attaches a lighter (g) Probability of the accused appearing at the trial. o Previously violated the provisions of Section 2 of the law (d) Character and reputation of the accused. a light felony and/or a criminal GUIDELINES IN FIXING THE AMOUNT OF BAIL offense wherein the penalty imposed is imprisonment of not more than 6 . evaded (b) Nature and circumstances of the offense. or a criminal offense 1. Violation of a municipal or city ordinance. o A recidivist or a habitual delinquent or has been previously convicted (e) Age and health of the accused. imprisonment of less than 4 years. EXCEPTIONS 4. without prejudice to the continuation of the imposable principle penalty – may be released on his own trial or the proceedings on appeal. with notice of hearing to the prosecutor or a requirement for him to submit his (c) That he committed the offense while under probation. Prosecution has the burden of showing that evidence of guilt is strong same bail but with the consent of the bondsman 37 . May be filed and acted upon by the court even if a notice of appeal has the discretion to grant of deny bail circumstances in fact exists already been filed and provided that the trial court has not yet transmitted None existence of grant of bail – not Proven that one circumstance exist – the original record to the appellate court automatic grant of bail. If the penalty imposed by the trial court is imprisonment exceeding six (6) . Charged with capital offense. quasi-recidivist. Petition for CERTIORARI if the trial court committed grave abuse of (e) That there is undue risk that he may commit another crime during the discretion amounting to excess of lack of jurisdiction in issuing said order. the accused may be allowed to PROOF IN BAIL APPLICATION continue provisional liberty during the pendency of the appeal under the . OR LIFE IMPRISONMENT. of the following or o BEFORE conviction by the MTC. reclusion perpetua or life imprisonment (b) That he has previously escaped from legal confinement. After the accused has commenced to serve sentence be denied since the conviction indicates strong evidence of guilt based on proof beyond reasonable doubt WHEN BAIL IS A MATTER OF RIGHT . with notice to the accused. but would only revoke bail or deny bail o If already filed with appellate court – application shall be filed with authorize less stringent sound the said appellate court discretion approach 2. Before conviction by the RTC of an offense NOT punishable by death. pendency of the appeal. YEARS reclusion perpetua or life imprisonment . or recommendation conditional pardon.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES 1. reclusion perpetua or life imprisonment bail should 3. death. Evidence of guilt? Determined by the court after a hearing to be conducted or violated the conditions of his bail without valid justification. Decision of the RTC convicting of the accused changed the nature of the offense from non-bailable to bailable. APPELLATE COURT : 2 scenarios where penalty imposed in the appellant . GENERAL RULE: persons in custody shall be admitted to bail as a matter of years. or habitual delinquent. the application can only be filed HEARING OF APPLICATION FOR BAIL IN OFFENSES PUNISHABLE BY with and resolved by the appellate court DEATH. that is. . Penalty imposed is death. reclusion perpetua or life imprisonment the applying for bail is imprisonment exceeding 6 years. MeTC. or an offense punishable by reclusion perpetua or WHEN APPLICATION FOR BAIL AFTER CONVICTION BY THE RTC life imprisonment: Evidence of GUILT IS STRONG SHALL BE DENIED 2. BURDEN OF 3. or his bail shall be cancelled upon a right showing by the prosecution. WHEN BAIL IS A MATTER OF DISCRETION BAIL PENDING APPEAL WHERE PENALTY IMPOSED EXCEEDS SIX . or . MTCT. or has o Before conviction by the RTC of an offense NOT punishable by committed the crime aggravated by the circumstance of reiteration. the accused shall be denied bail. to carefully ascertain MATTER OF DISCRETION AND AFTER CONVICTION BY THE RTC is present then the appellate court has whether any of the enumerated 1. After judgment of conviction has become final . parole. evaded sentence. RECLUSION PERPETUA. (Circumstances under Sec admission of bail becomes discretionary 5 Rule 114 3rd paragraph) o A hearing must be conducted whether or not the prosecution refuses to None of the Circumstances Present of at least 1 circumstance present evidence and the prosecutor must be notified to require him to Circumstances enumerated in the said The existence of at least one of the said submit his recommendation paragraph not being present circumstances Bail is a matter of sound judicial Appellate court exercises stringent WHERE APPLICATION FOR BAIL IS TO BE FILED WHEN BAIL IS A discretion – none of the circumstances discretion. If the application for bail is granted. (d) That the circumstances of his case indicate the probability of flight if REMEDY WHEN BAIL IS DENIED released on bail. If it is punishable by death. MCTC other similar circumstances: o After conviction by said courts (a) That he is a recidivist. or presents evidence 3. EXCEPT: 1. Even if release without bail. BAIL IS FILED WITH ANOTHER COURT? (due to unavailability) DEATH o The judge who accepted the bail shall forward it together with the 1. Increased must be given within a reasonable period if the accused wants to evidence after full trial on the merits avoid being taken into custody EVIDENCE IN BAIL HEARING ARE AUTOMATICALLY REPRODUCED AT BAIL FOR ACCUSED ORIGINALLY RELEASE WITHOUT BAIL THE TRIAL . discharge the accused upon the approval of where he is held the bail bond. Summary is considered an aspect of procedural due process for both INCREASE OR REDUCTION OF BAIL prosecution and the defense . MCTC . PERSON NOT YET IN CUSTODY? summary of evidence of the prosecution o May apply for bail with any court in the province.Cancellation by application of bondsmen: may be cancelled upon application but not to the definition or classification of crimes by bondsmen with due notice to prosecutor 38 . FORFEITURE OF BAIL 2. Hearing is set to determine the existence of strong evidence or lack of it. MeTC. REMEDY . witness is dead. Guilt of the accused is not strong. city or municipality 4. . he may later be required to give bail in the amount . Notify the prosecutor of the hearing of the application for bail or require him to order of release and other supporting papers. Conduct a hearing of the application for bail whether or not prosecution refuses to be filed. which may. outside the Philippines . Unavailability of judge? Filed with the RTC. under the law : punished by death for non-production o already prohibited under RA 9346 o Explain why the accused did not appear before the court . Summary hearing : such brief and speedy method of receiving and considering the evidence of guilt as is practicable and consistent with the purpose of WHERE APPLICATION OR PETITION FOR BAIL MAY BE FILED hearing which is merely to determine the weight of the evidence for the . Accused is already admitted to bail: bail may either be increased or reduced by . otherwise petition should be denied . otherwise unable to testify . Decide whether the evidence of guilt of the accused is strong based on the .amendatory effects of RA 9346 extend only to the application of death penalty . it does not serve as basis for the reduction of civil indemnity and other damages against the accused to enable the judge to make an intelligent assessment of the that adhere to heinous crimes evidence presented by the parties ***read cases to understand*** . for good reasons. to the court where the submit his recommendation case is pending. MTC. judges who approve applications for bail of accused who cases are pending in DUTIES OF THE TRIAL JUDGE IN A PETITION FOR BAIL IN OFFENSES other courts are guilty of gross ignorance of the law PUNISHABLE BY RECLUSION PERPETUA. require a different one 2. capital nature is determined by the penalty prescribed by law and not penalty to o FAILURE: a judgment shall be rendered against the bondsmen jointly be actually imposed and severally for the amount of the bail EFFECT OF RA9346 ON THE GRADUATION OF PENALTIES CANCELLATION OF THE BAIL. LIFE IMPRISONMENT OR .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . Any witness during bail may be recalled by the court for additional fixed by the court whenever at any subsequent stage of the proceedings a examination strong showing of guilt appears in court. Bondsmen shall be given 30 days to produce the principal and to show cause why no judgment should be rendered against them for the amount of the bail CAPITAL OFFENSE o Bondsmen must produce the body of the principal or given the reason . filed with the court where the case is pending purposes of bail . Grant of bail does not prevent the court from making a final assessment of the . . Right to bail still may be denied if PROBABILITY OF ESCAPE is great the court upon good cause . Fails to appear in person as required his bail shall be declared forfeited 3. SHOULD BE RAISED BEFORE PLEA o Because upon please the accused is precluded from questioning the legality of the arrest 39 . Application or admission of the accused to bail shall not bar him from challenging the validity of his arrest or legality of the warrant issued . Dismissal of the case APPLICATION FOR OR ADMISSION TO BAIL NOT A BAR TO OBJECTIONS ON ILLEGAL ARREST. Automatic cancellation – a. Acquittal of the accused b. Upon surrender of the accused or b. Proof of his death . LACK OF OR IRREGULAR PRELIMINARY INVESTIGATION . Execution of the judgment of conviction c.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES a. REASONABLE DOUBT Upon motion. however. . the accused may rebut the stipulations set forth in his bail. the (i) To appeal in all cases allowed and in the manner prescribed by law. waive his presence at the trial pursuant to the .Convictions are currently on appeal? (e) To be exempt from being compelled to be a witness against himself. the presumption of innocence Either party may utilize as part of its evidence the testimony of a witness continues until the promulgation of final conviction is made who is deceased.Constitutional in origin and a mere substantial reiteration of Sec 14(2) of Art 3 of the constitution FAILURE TO COMPLY WITH POST-SEIZURE PROCEDURES SET BY LAW “… the accused shall be presumed innocent until contrary is proved” . from arraignment to promulgation of the judgment. When an accused . (1a) court should review.Prosecution must rest on its own merits and must not rely on the weakness of subject matter. and the accused should be necessarily be acquitted examination on matters covered by direct examination. Statutory presumption is merely prima face. In every case. impartial and public trial. assess and weigh the totality of the evidence presented by the parties. unless his presence is specifically ordered presumption by the court for purposes of identification.Quantum of evidence which overcomes presumption: PROOF BEYOND present on all subsequent trial dates until custody over him is regained.“trial courts are mandated not to only look at the direct examination of (h) To have speedy. His silence shall not ***examples in the book*** in any manner prejudice him. he shall be deemed to have waived his right to be . The facts proved and the ultimate fact presumed accused may. involving the same parties and . witnesses but to the totality of the evidence before them.Mere presumption disputable by contrary RIGHTS OF THE ACCUSED AT TRIAL proof and which when challenged by evidence cannot be regarded as . o Until the accused’s guilt is shown.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES CHAPTER 7: RIGHTS OF THE ACCUSED o Presumption of Regularity . judicial or administrative. the accused may be allowed to defend himself in person o Moral certainty or degree of proof which produces conviction in an when it sufficiently appears to the court that he can properly protect his unprejudiced mind right without the assistance of counsel. The absence of the accused without justifiable cause at the trial of which he had notice shall be PROOF BEYOND REASONABLE DOUBT considered a waiver of his right to be present thereat.Normally treated in the constitutional Law under the topic of the Bill of Rights binding truth . the adverse party having the opportunity to cross-examine the defense him. given in another case PROSECUTION MUST REST ON ITS OWN MERITS or proceeding. o Not yet attained finality (f) To confront and cross-examine the witnesses against him at the trial. It should not confine itself to oral testimony during the trial” PRESUMPTION OF INNOCENCE (People vs Olivo) . unavailable or otherwise unable to testify. the accused shall be entitled to the following rights: PRIMA FACIE PRESUMPTION OF GUILT (a) To be presumed innocent until the contrary is proved beyond reasonable . .Prosecution fails to meet burden of proof? Presumption of innocence prevails (d) To testify as a witness in his own behalf but subject to cross. prima facie evidence of the guilt of the accused and then shift the burden of (c) To be present and defend in person and by counsel at every stage of the proof to the accused provided that there is a rational connection between the proceedings.Presumption of regularity in the performance of duty should not by itself lower court cannot by itself overcome the presumption of innocence nor prevail over the presumption of innocence constitute proof of guilt beyond reasonable doubt 40 . .In all criminal prosecutions. Legislature has the power to provide the proof of certain facts can constitute a (b) To be informed of the nature and cause of the accusation against him. Presumptions under Sec 3(j) of Rule 131 of the Rules of Court doubt. .Rights of the accused at trial (Sec 1 Rule 115). out of or can not with due diligence be found in the Philippines.Presumption of innocence ends when it is overcome in a final conviction under custody escapes. (g) To have compulsory process issued to secure the attendance of EFFECT OF FAILURE TO IDENTIFY THE PERPETRATOR witnesses and production of other evidence in his behalf. Presumption of regularity in performance of official duty relied upon by the . Where an accused is charged with a specific crime. Done before the nickname report is signed o Sufficient clarity and in an ordinary concise language. Barangay Chairman : not deemed law enforcement . Right to counsel applies in certain pre0trial proceedings that can be deemed therein “critical stages” : PI . If counsel of accused deliberately delays the case. Evidence in a criminal case is evenly balanced. Custodial Investigation: where the police investigation is no longer a general of evidence of corpus delicit inquiry into an unsolved crime but has begun to focus on a particular suspect taken into custody by the police who carry out process of interrogation that THE EQUIPOISE RULE lends itself to elicit incriminating statements . Valid custodial investigation: (RA7438) information must contain 1. Under the law on Dangerous Drugs Act it is important to follow post seizure procedure to accord proof of its authenticity and to show proof that the MEANING OF CUSTODIAL INVESTIGATION. then the court may appoint a from arraignment to promulgation of judgment counsel de oficio . POLICE LINE UP: not part of CI since accused is not yet being investigated information before arraignment. the complaint or . RA 7438 accused’s counsel de parte . . Even if judgment becomes final and executory. Participation of lawyer is only to notarize suspect’s confession? ingredients occurred at some place within the jurisdiction of the court o Not the lawyer considered In legal contemplation o Date of the commission of the acts or omissions constituting the o Not the legal assistance that should be accorded to the suspect offense . Report shall be reduced to writing by the investigating officer o Name and surname of the accused or any appellation or nickname 2. the constitutional presumption . CUSTODIAL ACCUSATION INVESTIGATION REPORT . . and the . to have . NO denial of right if counsel de oficio is appointed during the absence of the DETAINED OR UNDER CUSTODIAL INVESTIGATION. Choice to counsel in a criminal prosecution is not a PLENARY ONE o Defend in person and by counsel at every stage of the proceedings. Any lawyer EXCEPT those o Offenses against property : offended party is unknown. . Failure to file a motion to quash information cannot amount to waiver of the constitutional right to be informed RIGHT TO CHOOSE A CONSEL IS NOT PLENARY. Inform accused of the nature and cause accusation. it may still be recalled. property must o directly affected by the case. the acts or . Bill of Rights guarantees the right to counsel . be described with such particularity to properly identify the offense o those conducting CI or charged o those charged with the prosecution of crimes *****read cases to understand further*****: check number. Person does now know how to read or write: shall be read and adequately o Name and surname of the offenses party or ay appellation or explain to him by his counsel or by the assisting counsel. RIGHT MAY BE WAIVED RIGHT TO COUNSEL OF THE ACCUSED AND OF PERSON ARRESTED. Failure to inform suspect of his rights during CI? o State the qualifying and aggravating circumstance attending the acts o Tainted confession obtained in violation is inadmissible in evidence imputed to the accused against the accused o Sufficiently allege that the crime was committed or its essential . Include the practice of issuing INVITATION to a person who is investigated in of innocence tilts the scale in favor of the accused connection with an offense he is suspected to have committed RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF RIGHTS OF PERSON UNDER CUSTODIAL INVESTIGATION. he is fully informed not o Uncounseled statement before the barangay chairman is admissible only of such specific crime but also of lessor crimes or offenses included . how minor for it to be excusable. EXTENDED MEARNING transaction and sale actually took place coupled with the presentation in court . Counsel ay be waived BUT must be accused afforded the opportunity to be heard by himself and counsel o voluntarily and intelligently made 41 .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . Absence of a lawyer : NO CUSTODIAL INVETIGATION shall be conducted omissions constituting the offense to enable the accused to know the o Why? To curb the uncivilized practice of extracting confession offense being charged . CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o in writing Signed by the person arrested. Guaranteed by Sect 14(2) Art 3 of the Constitution . spouse. Confession or admission obtained in violation of Sec 17…. or priest or minister of gospel chosen by him . Speedy trial is a relative term – involve degree of flexibility o Writing. Or similar forms of detention are prohibited .read cases**** RIGHT TO SPEEDY TRIAL. not a mere presence of lawyer . Unwarranted slow down in the disposition of cases erodes the faith and o Must be in writing confidence in the judiciary . detained or under custodial o Essential is orderly and expeditious not mere speed investigation . o Confession must be express . municipal mayor. GENERAL PRINCIPLE: prescribing the time are considered absolutely o Voluntary indispensable to the prevention of needless delays and the orderly and speedy o Made with assistance if a competent and independent counsel discharge of judicial business. Poor health of judges : not an excuse . assistance of counsel is not indispensable in administrative cases legitimate defense he may interpose . signed by the person arrested. One free from vexatious. its purpose being to representation assure an innocent person may be free from the anxiety and expense of a court litigation.Confession shall be admissible if it is shown that it was obtained within te oppressive delays limits imposed by the constitution . capricious and . Any person under investigation shall have the right to be informed of his .Under RA 7438: valid extrajudicial confessions . may or may not be counsel . detained. BALANCING TEST: applying societal interest and the rights of the accused o Signed in the presence of counsel or In the latter’s absence. Application should be taken based on the facts and circumstances peculiar to . Shall be o Recommend immediate appointment to the SC inadmissible . Absence of clerk of court – not affect disposition of cases 3. PRINCIPLE OF . elder brother/sister. means an efficient and decisive legal assistance and not a simple perfunctory .Constitution: Sec 12 Art 3 o Should ask SC for an extension of time 1. Extends to all cases: administrative and civil EXTRAJUDICIAL CONFESSIONS. SPEEDY DISPOSITION OF CASES . of having his guilt determined within the shortest RIGHT TO COUNSEL IN ADMINISTRATIVE CASES possible time compatible with the presentation and consideration of whatsoever . municipal judge. No torture . Administration of justice is more important that a race to end the trial o Purpose: maintaining the dignity of government services . if otherwise. . violence….not an excuse to delay right to remain silent and to have competent and independent counsel o Should ask for extension 2. district REMEDY FOR VIOLATION OF THE RIGHT TO SPEEDY TRIAL school supervisor. a heavy workload . Dimiss the case on a motion NOLLE PROSEQUE if the accused is Waiver of the provisions of Art 125 of the RPC: o not brought to trial within the prescribed time and deprived of his right In writing to a speedy trial or 42 . under CI o in the presence of the counsel of the accused Such person must sign the waiver in the presence of his counsel COMPETENT AND INDEPENDENT COUNSEL ***discussed through cases. why? Inquiries are conducted merely to determine whether there are facts that each case (case to case basis) merit disciplinary measures against erring public officers and employees. Designation of a new judge. capricious and oppressive delays. RIGHTS OF PERSON UNDER WHEN RIGHT TO SPEEDY DISPOSITION OF CASES IS VIOLATED CUSTODIAL INVESTIGATION .Extrajudicial Confessions – must be tested for voluntariness PURPOSE OF TIME LIMITS SET BY LAW OR THE RULES. upon a necessarily compels the court to approach the speedy trial cases on an ad hoc valid waiver basis o Valid waiver : must be signed in the presence of parents. Violated when the proceedings are attended by vexatious.Extrajudicial Confession requirement based on jurisprudence and statutory SPEEDY TRIAL IS A RELATIVE TERM pronouncement . No continuance under subparagraph (f) of Section 10 shall be granted because o Appear as required of general congestion of the court's calendar. due to the number of accused or the nature of the prosecution o It may be waived. DEMAN WAIVER RULE – defendant waives any consideration of his COMPULSION OR EVIDECE OF A COMMUNICATIVE NATURE right to speedy trial for any period prior to which he has not demanded . No person shall be compelled to be a witness against himself (Sec 17 art 3 . so unusual and so CLAIMED complex. Whether or not it has been violated: guidelines - 1.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES o disposition of unreasonable or capricious delay by the prosecution 1. expressly or impliedly or otherwise. Court may not extract from defendant’s own lips and against his will an would be likely to make a continuation of such proceeding impossible. admission of guilt or result in a miscarriage of justice. declaring that the . Prejudice causes by the delay o Its corporate existence implies amenability to legal powers (subpoena . . Privilege is expressed: . dismissal based on a violation to speedy trial is equivalent to an acquittal to Constitution) double jeopardy even if the dismissal is with the consent of the accused 2. Purpose? To prevent the state from extracting testimony from suspects that FACTORS FOR GRANTING CONTINUANCE may convict him and to avoid a person subject to such compulsion to perjure . Police Line up – not self incriminating 43 . Length of delay 2. BALANCING TEST may refuse to answer on the strength of the constitutional guaranty .Whether to grant a continuance? (Speedy trial Act Sec 11) himself for his own protection (a) Whether the failure to grant such a continuance in the proceeding .Our court adopted the MIDDLE GROUND: BALANCING TEST privilege applies only to cases where a testimonial evidence is extracted from o Conduct of the prosecution and defendant are weighed the lips of the witness or from a strictly oral testimony o Approach the case on an ad hoc basis .Rigid Approaches on speedy trial : ways of eliminating some of the uncertainty possession of corporate documents for his personal benefit which courts experience protecting the right . or lack of diligent preparation or o Take the stand failure to obtain available witnesses on the part of the public prosecutor. The right to speedy trial can be determined only on an ad hoc basis duces tecum) that can direct corporation to produce books. Juridical person? No 4. o Sworn o Answer questions GUIDELINES TO DETERMINE VIOLATION OF THE RIGHT TO SPEEDY o Questions to which may incriminate him for some offenses. that he TRIAL AND SPEEDY DISPOSITION OF CASES. Blood test evidence – admissible since it was not communicative in nature ****read cases to further understand concept*** . The accused shall be entitled to the following rights… to be exempt from o bar further prosecution of the accused being compelled to be a witness against himself (Sec 1 Rule 115 ROC) . o Obey . Witness receiving subpoena within the periods of time established by this Act. Assertion or failure to assert such right by the accused . Protects a person only from testimonial compulsion or a compelled testimony trial of a COMMUNICATIVE NATURE without however. Reasons for such delay THE PRIVILEGE APPLIES ONLY TO NATURAL PERSONS 3. that it is unreasonable to expect adequate preparation . It is a personal right and applying only to natural individuals 1. Wearing a particular clothing over his protest to facilitate identification by the witness – not within the purview of self incrimination (body as evidence when THE PRIVILEGE AGAINT SELF-INCRIMINATION it may be material may be allowed) . Right against self incrimination is not automatically operation but must be (b) Whether the case taken as a whole is so novel. FIXED TIME PERIOD – holds the view that the constitution requires a criminal defendant to be offered a trial within a specified time period THE PRIVILEGE PROTECTS A PERSON FROM TESTIMONIAL 2. records and papers in its possession APPROACHES TO SPEEDY TRIAL o Self incrimination cannot be raises by a corporate officer having . THE RIGHT TO DEFEND HIMSELF. Waiver must be : unequivocal. Investigatory or adjudicatory gesture – NOT violative of the right against self incrimination . intelligently . or impair his capacity for rational judgment would be question requiring an incriminating questions sufficient. If he testifies: he may be cross examined on matters covered by the direction . Privilege is a personal privilege: it adheres to the person. Criminal . EXAMPLES PERSONS WHO ARE MERE CUSTODIANS OF DOCUMENTS CANNOT ***cases*** CLAIM PRIVILEGE .Evidence based on re. or to make a particular 4. answer is shot at him . not to information that may incriminate him FORCE RE-ENACTMENT . Witness is compelled to write and create by means of the act of writing . write or speak for identification. RIGHT TO BE HEARD . Government may grant immunity in exchange for a testimony favorable to the prosecution QUESTIONS WHICH THE WITNESS MAY REFUSE TO ANSWER . the advice becomes an integral part of the protection.May be asserted: if his presence is ordered by the court for purposes of identification 44 . Voice as an identifying physical characteristic is allowed BUT NOT TO SPEK 1. Taxpayers does not acquire possession if tax documents. IMMUNITY STATUTES. Transactional immunity – total or blanket immunity completely protects the witness from future prosecution from crimes related to his or her PRIVILEGE EXTENDS TO LAWYERS ADVISING A WITNESS TO INVOKE testimony THE PRIVILEGE 2. Lawyer may not be penalized even though his advice causes the witness to using the witness’s own testimony or any evidence derived from the disobey the court’s order testimony against the witnesses . to assume a stance. Forms of immunity ***read cases*** 1. Civil HIS GUILT 2. to walk.CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . Moral coercion – tending to force testimony from the unwilling lips of the defendant WAIVER OF THE PRIVILEGE . to stand. Right against self incrimination . disable him from making a free and claim the privilege as each stand and refuse to answer any and all and rational choice. Administrative or judicial appear in court. Photography. Accused has the right to waive his presence – he shall be required to be in trial . fingerprinting. Use and derivative use – immunity prevents the prosecution only from . Accused is accorded the right to defend himself either in person or by counsel against themselves .enactment are to violation of the constitution – DISCTINCTIONS BETWEEN THE CLAIM OF THE PRIVILEGE BY AN incompetent evidence ACCUSED AND BY THE MERE WITNESS Ordinary Witness Accused MEANING OF COMPULSION Compelled to take the witness stand May altogether refuse to take witness . Specimen signature – ALLOWED THE PRIVILEGE WILL NOT APPLY WHEN WITNESS IS GIVEN o Securing the signature was to merely authenticate IMMUNITY FROM PROSECUTION o It was validly seized since it was part of authentication . Enforcement of summons did not require or compel the taxpayers to testify . Witness is advised.may be waived WRITING EXEMPLARS OR SAMPLES . Pressure which operations to overbear his will. understandably and willingly evidence which DOES NOT EXIST and which may identify him as falsifier – made NOT ALLOWED . Handwriting exemplars not violation of the right examination . to 3. measurements. Right to be present at the trial at every stage of the proceedings from arraignment to the promulgation of the judgment PROCEEDINGS IN WHICH THE PRIVILEGE MAY BE ASSERTED . they have no right to cross examine or examine the witnesses o If the wish to ask question. the court should give the accused opportunity to 1. Invoked by the accused to secure the attendance of witnesses and the notified and his failure to appear is unjustified production of witnesses and the production of witnesses in his behalf .CRIMINAL PROCEDURE (WILLARD RIANO) DIATO2014NOTES . the validity of the AGAINST HIM judgment or the error is closely related to or dependent upon the assigned error . An escape shall deemed to have waive his right to be present RIGHT TO COMPULSORY PROCESS . Subpoena duces tecum THE RIFHT TO TESTIFY AS A WITNESS RIGHT TO APPEAL . civil or administrative is a fundamental right and part of due process . Accused filed a motion for leave to file a demurrer to evidence which was . said affidavits are generally rejected for being HEARSAY RUGHT TO USE TESTIMONY OF DECEASED WITNESS . Questions asked is limited to matters covered by the direct examination court may correct even unassigned errors . Right of confrontation – not apply in PI . Civil case – unassigned errors will not be considered by the appellate court THE RIGHT TO CONFRONT AND CROSS-EXAMINE THE WITESSES unless such error affects the jurisdiction of the court. Appeal in a criminal case. opens the entire case for review and the appellate . they should submit to the investigation officer questions which may be asked to the part or witness concerned o Adverse party is deprived of the right to cross examine the person who executed the affidavits. Right to testify but he may be cross examined on matters covered by the . Personal right which may be waived expressly or impliedly by conduct amounting to renunciation of the right of cross examination . or out of the country or unavailable or otherwise unable to testify o Testimony or deposition was given in a former case or proceeding case between the same parties or representing the same interest o Former case involve th same subject as that in the present case. Issuance of granted and later denied. Basic constitutional right properly argued in the brief or errors is simply plain or clerical . Subpoena ad testificandum present evidence 2. Cross examination of a witness is essential to test his or her accuracy and . During a Preliminary Investigation. Absent during trial after arraignment: case may proceed provided he has been . a hearing may be set to clarify facts and issues o Parties are allowed to be present at the hearing. Appellate review – assessment is accorded respect if not conclusive expose falsehoods o Criminal. May use testimony of deceased. although different action o Issue testified by the witness is the same issue o There was an opportunity to cross examine the witness in the former case 45 . Right to appeal in the manner prescribed by law direction examination .