CRIMINAL PROCEDURE l Reviewer by Tanya Ibanez EH 407

Q. When can an objection against an arrest or the procedure over the acquisition
CHAPTER 8. ARRAIGNMENT AND PLEA
by the court of the jurisdiction over the accused’s person be made?
It may be made on or before the arraignment.
RULE 116 – ARRAIGNMENT AND PLEA

BASIC CONCEPTS Q. What are the effects of arraignment?

1. Accused is precluded from questioning the legality of his arrest
2. Constitutes a waiver of the right to preliminary investigation or
Q. What is arraignment? reinvestigation
It is the stage in a criminal case where the accused is given the opportunity for * The waiver is tantamount to a finding of probable cause
the first time to be informed of the nature and cause of the accusation against
him. Ramiscal v. Sandiganbayan
The Rules of Procedure of the Ombudsman allows the filing of an information
Take note: in court pending a MR of the resolution finding probable cause. Hence, if the
1. Arraignment is an indispensable requirement of due process – ensures filing of a MR cannot bar the filing of the information, then neither can it bar
the constitutional right of the accused to be informed the arraignment of the accused.
2. Without a prior arraignment, accused cannot invoke double jeopardy.
3. Accused cannot be tried in absentia without a prior arraignment. Q. What is the effect if the plea was made before a court with no jurisdiction over
the criminal action?
Q. What is the court’s duty before arraignment? The same does not give rise to a double jeopardy.
1. Inform the accused of his right to counsel
2. Ask him if he desires to have one ARRAIGNMENT UNDER AN AMENDED OR SUBSTITUTED INFORMATION
3. Assign a counsel de officio to defend him, unless:
Accused is allowed to defend himself in person, or Rules when the accused has already been arraigned and subsequently, the
He has employed a counsel of his choice information was subjected to:
In localities where members of the bar are not available, the court
may appoint any person, resident of the province and of good 1.
FI f pleading
Substitution – another preliminary investigation is needed and the
accused has to plead anew to the new information
repute for probity and ability, to defend the accused.
VIP
Q. When can the court arraign the accused without the benefit of counsel? 2. Substantial amendment – arraignment on the amended
When the accused waives such right and the court allows the accused to information is mandatory
represent himself. * Unlike substitution, there is no need for another PI here because the
offense remains the same
TN: The accused cannot insist that he be arraigned without representation.
3. Formal amendment – no need for another PI and arraignment
OPTIONS OF THE ACCUSED BEFORE ARRAIGNMENT
HOW ARRAIGNMENT AND PLEA ARE MADE
Q. What are the options of the accused before arraignment and plea?
1. Bill of particulars Q. Where should arraignment be made?
2. Suspension of arraignment Before the court where the complaint or information was filed or assigned for
3. Motion to quash trial.
4. Challenge the validity of arrest or legality of the warrant or assail the
regularity of the preliminary investigation Q. How is arraignment made?
1. Made in open court by the judge or clerk
Q. What is meant by motion for bill of particulars? 2. By furnishing the accused with a copy of the complaint or
Motion to clarify facts which may be vague to the accused to enable him to information
properly plead and prepare for trial. 3. Reading the same in the language or dialect known to him
4. Asking him whether he pleads guilty or not guilty
Q. What should the motion specify?
1. The alleged defects of the complaint or information Q. When should arraignment be made?
2. The details desired Within 30 days from the date the court acquires jurisdiction over the person
of the accused, unless a shorter period is provided by a special law or a SC
Q. When can the accused ask for suspension of the arraignment? circular.
1. When he appears to be suffering from an unsound mental condition
If the accused is under preventive suspension:
which renders him unable to understand the charge against him
* Court shall order his mental examination and his confinement if necessary His case shall be raffled and its records transmitted to the judge to
whom the case was raffled within 3 days from the filing of the C/I.
2. There exists a prejudicial question He shall be arraigned within 10 days from the date of the raffle
3. There is a petition for review of the resolution of the prosecutor Pre-trial conference shall be held within 10 days after arraignment.
pending at the DOJ or the Office of the President
* Period of suspension shall not exceed 60 days counted from the filing of the Q. What should be excluded from the computation of the 30 day period?
petition with the reviewing office 1. The time of the pendency of a motion to quash
2. Time for the pendency of a bill of particulars
TN: DOJ Secretary can no longer entertain an appeal or petition for review once
3. Other causes justifying the suspension of the arraignment
the accused has already been arraigned.
Q. Who many days is granted to the accused to prepare for trial?
Q. What are the grounds for a motion to quash?
Where a plea of not guilty is entered, accused is given 15 days to prepare for
1. That the facts charged do not constitute an offense
trial.
2. That the court trying the case has no jurisdiction over the offense
3. That the court trying the case has no jurisdiction over the person of the
Q. Shall the record of arraignment and plea be made of record?
accused
Yes. But failure to do so shall not affect the validity of the proceedings.
4. That the officer who filed the information had no authority to do so
5. That it does not conform substantially to the prescribed form
TWO KINDS OF DEFENSES
6. That more than one offense is charged except when a single
Take note: If the accused pleads not guilty to the crime, he shall state whether
punishment for various offenses is prescribed by law
he interposes a negative or affirmative defense.
7. That the criminal action or liability has been extinguished
8. That it contains averments which, if true, would constitute a legal
Q. What are the two kinds of defenses?
excuse or justification
9. That the accused has been previously convicted or acquitted of the
1. Negative defense – Accused denies that he committed the crime;
offense charged, or the case against him was dismissed or otherwise
require the prosecution to prove the guilt of the accused beyond
terminated without his express consent.
reasonable doubt

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2. Affirmative defense – Accused admits the act but interposes a manifested that he did not do any of the acts attributed to him. The Court ruled
defense, which if proven, would exculpate him; may modify the that when a plea of guilty is not definite or is ambiguous, the same amounts to
order of the trial and require the accused to prove such defense by a plea of not guilty.
clear and convincing evidence.
People v. Balisacan
ARRAIGNMENT AFTER SUBMISSION OF THE CASE FOR DECISION Accused first entered a plea of guilty. However, he subsequently testified in the
course of being allowed to prove mitigating circumstances that he acted in

O
Q. May arraignment be made after a case has been submitted for decision? complete self-defense. Said testimony therefore had the effect of vacating his
Yes. plea of guilty and the court should have required the accused to plead anew on
the charge or at least direct that a new plea of “not guilty” be entered for him.
People v. Pangilinan Since this was not done, it follows that there was no standing plea at the time
Facts: Accused was convicted and sentenced to 2 death sentences. He assailed the court rendered its judgment of acquittal. Hence, there can be no double
his conviction saying that he was not properly arraigned since he was arraigned jeopardy.
only after the case was submitted for decision. He claims that such a procedural
error amounts to a denial of his constitutional right to be informed of the PLEA OF GUILTY
accusation against him. He further alleged that the subsequent arraignment did
not cure the defect because at the time he petitioned for bail, the court had PLEA OF GUILTY IS A JUDICIAL CONFESSION OF GUILT
not yet acquired jurisdiction over his person.
Q. What is meant by judicial confession of guilt?
Held: When accused petitioned for bail, the court had already acquired An admission of all the material facts alleged in the information, including the
jurisdiction over his person. His arrest and not his arraignment, conferred on aggravating circumstances alleged.
the court jurisdiction over his person. Moreover, the rights of the accused were * Conclusions of law are not admitted by a plea of guilty because they are not facts.
not prejudiced by reason of his belated arraignment because such a procedure
Q. What is the exception to the admission of aggravating circumstances?
defect was cured when his counsel participate in trial without raising an
GR: Judicial confession of guilt admits all the material facts alleged in the
objection. Such is a clear indication that accused was fully aware of the charges
information, including the aggravating circumstances listed therein.
against him. Also, no protest was made by the accused when he was
subsequently arraigned.
XPN: When the aggravating circumstances alleged were disproved by evidence.
PRESENCE OF THE ACCUSED AND OFFENDED PARTY
PLEA OF GUILTY TO A LESSER OFFENSE; PLEA BARGAINING
Q. Is the presence of the accused required? Q. What is plea bargaining?
Yes. The accused must be present at the arraignment and must personally The process whereby the accused and the prosecution work a mutually
enter his plea. satisfactory disposition of the case, subject to court approval.
Accused pleading guilty to a lesser offense
Q. Is the offended party required to appear at the arraignment?
Accused pleading guilty to only one or some of the counts of a multi-
Yes. For the following purposes:
count indictment in return for a lighter sentence than that for the
1. Plea bargaining
graver charge
2. Determination of civil liability
3. Other matters requiring his presence
Q. What are the requisites for a plea of guilty to a lesser offense?
1. The lesser offense is necessarily included in the offense charged
Q. What is the effect if the offended party fails to appear despite due notice?
2. The plea must be with the consent of both the offended party and
The court may allow the accused to enter a plea of guilty to a lesser offense
the prosecutor
which is necessarily included in the offense charged (ex. Rape – acts of * Consent of the offended party is not required if he fails to appear during the
lasciviousness; homicide – physical injuries) with the conformity of the trial arraignment despite due notice
prosecutor alone.
Q. Is the acceptance of an offer to plead guilty to a lesser offense demandable
WHEN A PLEA OF “NOT GUILTY” SHALL BE ENTERED by the accused as a matter of right?
No. it is a matter addressed entirely to the sound discretion of the trial court.
Q. When shall a plea of not guilty be entered for the accused?
1. When the accused actually pleads not guilty Q. When is an offense may be said to necessarily include another?
2. He refuses to plead When some of the essential elements or ingredients of the former as alleged in
3. He makes a conditional plea the C/I constitute the latter and vice versa.
* Plea of guilty is conditioned upon the imposition of a lesser penalty due to
4. When he pleads guilty but presents exculpatory evidence PLEA OF GUILTY TO A LESSER OFFENSE AFTER ARAIGNMENT
* In which case, his guilty plea will be withdrawn and substituted with a not
guilty plea
Q. When is plea of guilty to a lesser offense allowed?
The rule allows a plea of guilty to a lesser offense not only during arraignment
Q. What is the effect of a plea of not guilty?
but also after arraignment or after his prior plea is with withdrawn – but the
It is tantamount to the accused submitting himself to the jurisdiction of the
same should be made before trial.
court, thereby curing any defect of his arrest.
Q. Can a plea of guilty to a lesser offense be considered during trial proper?
Q. When is a plea considered conditional plea of guilty?
Yes, and even after the prosecution has finished presenting its evidence and
When the accused pleads guilty and bargains for a lesser penalty; where his
rested its case.
plea of guilty is conditioned upon the imposition of a lesser penalty. In which
case, a plea of not guilty shall be entered.
Q. Is there a need to amend that C/I?
When there is a plea of guilty to a lesser offense and the same was allowed by
Q. When is it not considered a conditional plea?
the court, there is no need to amend the C/I.
When it is a mere request to be meted a lesser penalty after a plea of guilty.
* A conviction under this plea shall be equivalent to a conviction of the offense charged
The same is just an emotional appeal for leniency in the imposition of a penalty. for purposes of double jeopardy.

People v. Comendador Q. When is plea of guilty to a lesser offense not mitigating?

Accused pleaded guilty to robbery with homicide but asked the court to impose When it is made after arraignment and after trial had begun. Plea of guilty to
upon him a lesser penalty other than death. The Court held that while it is true be mitigating, must be to the offense charged.
that accused asked for a lesser penalty, such does not make his plea of guilty
conditional. It remains to be an admission of the facts alleged in the People v. Dawaton
information. At best, said plea for a lesser penalty is an appeal to emotion as it Facts: Accused pleaded not guilty for murder qualified by treachery and evident
does not assail, restrict or qualify the information. premeditation. However, during pre-trial, he offered to plead guilty to the
lesser offense of homicide but was rejected by the prosecution. Hence, the case
People v. Stephen Douglas Strong proceeded which led to his conviction for qualified murder and was sentenced
Accused pleaded guilty to the charge but every time he was asked about the to death penalty. The accused argues that he is entitled to the mitigating
allegations of the information, he keeps on denying the same. He consistently circumstance of plea of guilty.

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Held: While the accused offered to plead guilty to the lesser offense of PLEA OF GUILTY TO A NON-CAPITAL OFFENSE
homicide, he already entered a plea of not guilty for murder. An offer to enter
a plea of guilty to a lesser offense cannot be considered as a mitigating Q. What is the rule when the plea of guilty is to a non-capital offense?
circumstance because to be voluntary, the plea of guilty must be to the offense The court may receive evidence from the parties to determine the penalty to
charged. be imposed.

PLEA OF GUILTY TO A CAPITAL OFFENSE Q. Is there a need for the court to conduct a searching inquiry?
No. Such rule only applies when the plea of guilty is to a capital offense. The
Q. What should the court do when the accused pleads guilty to a capital duty imposed upon the court in non-capital offenses is not as stringent.
offense?
The court should not immediately render judgment on the basis of the guilty Q. Does conviction automatically follows after the guilty plea of the accused to a
plea. It is mandated to do the following: non-capital offense?
No. Additional evidence independent of the plea may be considered by the
1. Conduct a searching inquiry to ascertain the: judge to convince him that it was intelligently made and to determine the
i. Voluntariness of the plea penalty to be imposed.
ii. Whether the accused has full comprehension of the
consequences of his plea IMPROVIDENT PLEA OF GUILTY

2. To require the prosecution to prove the: Q. When is there an improvident plea of guilty?
i. Guilt of the accused When the court failed in its duty to conduct the prescribed searching inquiry
ii. The precise degree of his culpability into the voluntariness of the plea and the accused’s full comprehension.

3. To ask the accused if he wishes to present evidence and allow him Q. What is the effect of an improvident plea?
when he so desires At any time before the judgment of conviction becomes final, the court may
permit an improvident plea of guilty to be withdrawn and be substituted by a
Q. Is the process mandatory? plea of not guilty.
Yes. Otherwise, absent any of the above, the guilty plea may be considered an
improvident plea which may be withdrawn and be replaced by a plea of not People v. Oscar Documento
guilty. Accused was not informed of the consequences of his guilty plea. He was not
informed that his plea of guilty would not affect or reduce the imposable
Q. What is the essence of a plea of guilty? penalty which is death – single indivisible penalty (shall be applied regardless of
That the accused admits absolutely and unconditionally his guilt and the any mitigating circumstances) Also, the court failed to inform him of his
responsibility for the offense imputed to him; that he admits his guilt freely, right to adduce evidence despite the guilty plea. Hence, the accused’s guilty
voluntarily and with full knowledge and understanding of the precise nature of plea is deemed improvidently made and thus rendered inefficacious.
the crime charged, as well as the consequences of his plea.
Q. If there is an improvident plea of guilty, does it necessarily follow that the case
Q. Why does the court still need the parties to present evidence? be remanded to the trial court?
To determine the precise participation of the accused whether as principal, No. Such is only appropriate when the accused’s guilty plea was the sole basis
accomplice or accessory, as well as the presence or absence of modifying for his conviction. Otherwise, if there are other sufficient and credible evidence
circumstances. The accused may likewise present evidence in his behalf either finding the accused guilty, the judgment must be sustained.
to rebut the prosecution’s evidence or to show he presence of mitigating
circumstances.
PRODUCTION OR INSPECTION OF MATERIAL EVIDENCE
Q. What is meant by searching inquiry? Q. Can the accused inspect material evidence of the prosecution?
Yes. The court may issue an order to the prosecution to produce and permit
People v. Pastor the inspection and copying of any written statement given by the complainant
There is no definite and concrete rule as to how a trial judge must conduct a and other witnesses in any investigation of the offense conducted by the
searching inquiry. But nevertheless, came up with the following guidelines: prosecution or other investigating officers, as well as other documents which
(a) Ascertain from the accused himself how he was brought into are not privileged which may contain evidence material to any matter involved
custody, whether he was assisted by counsel and under what in the case.
conditions he was detained – to rule out the possibility that he has
been coerced Q. When shall this be allowed?
(b) Ask the defense counsel questions as to whether he completely Upon the motion of the accused with notice to the parties.
explained to the accused the meaning and consequences of his plea
of guilty Q. What is the purpose of this rule?
(c) Elicit information about the personality profile of the accused – may To prevent surprise, suppression or alteration of the evidence.
serve as an index of his capacity to give a free and informed plea
(d) Inform the accused of his exact length of imprisonment or nature of CHAPTER 9. MOTION TO QUASH
the penalty – because oftentimes the accused pleads guilty only in
the hope of lenient treatment RULE 117 – MOTION TO QUASH
(e) Judge must satisfy himself that the accused, in pleading guilty, is
truly guilty. The accused must be required to narrate the tragedy or BASIC CONCEPTS
re-enact the crime.
Q. What is a motion to quash?
People v. Talusan It is a special pleading filed by the accused before entering his plea, which
Accused pleaded guilty to kidnapping with rape of a minor. The accused alleged hypothetically admits the truth of the facts spelled out in the complaint or
however that the court failed to follow the guidelines set forth in People v. information at the same time that it sets up a matter which, if duly proved,
Pastor. The Court ruled that while there is no hard and fast rule as to how a would preclude further proceedings.
judge may conduct a searching inquiry, as long as the voluntary intent of the
accused and his full comprehension of the consequences of his plea are Q. When may a motion to quash an information be filed?
ascertained, his plea of guilt should be sustained. It may be made at any time before the accused enters his plea.

Even assuming that accused entered an improvident plea of guilty when Q. Is motion to quash allowed in summary procedure?
arraigned, there is still no need to remand the case for further reception of Generally, no, except:
evidence. True, the Court has set aside convictions based on improvident pleas 1. On the ground of lack of jurisdiction over the subject matter
of guilty in capital offense, the same holds true only when such plea is the sole 2. Failure to comply with the barangay conciliation proceedings
basis of the judgement. Hence, if the conviction, independently of the plea, is
based on evidence proving the commission by the accused of the offense Q. Form and contents of a motion to quash?
charged, the plea of guilty must be sustained. 1. It shall be in writing
2. It shall be signed by the accused or his counsel
3. It shall distinctly specify the factual and legal grounds of the motion
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Q. How is motion to quash different from a demurrer to evidence? EFFECT OF FAILURE TO ASSERT ANY GROUND

Motion to Quash Demurrer to Evidence Q. What is the effect of failure to assert any ground of a motion to quash?
Filed before the accused enters a plea Filed after the prosecution rests it case General rule: Failure to assert any ground before a plea shall be deemed a
Does not require a prior leave of court May be filed by the accused whether waiver of any objections. This failure to assert a ground may either be because:
for filing a motion to quash with leave or without leave of court 1. Accused did not file a motion to quash
Grounds are not the same with Ground is insufficiency of evidence 2. Accused filed a motion to quash but failed to allege the ground in
demurrer
said motion
Grounds may be based on matters Would necessarily be predicated upon
found on the fact of the C/I matters outside of the C/I such as the
evidence or lack of it Exceptions: (These grounds are not waived by reason of failure to assert)
When granted, a dismissal of the case When granted – deemed an acquittal 1. That the facts charged do not constitute an offense
will not necessarily follow. Not a bar no and would bar another information or 2. That the court trying the case has no jurisdiction over the offense
another prosecution appeal charged
3. That the criminal liability has been extinguished
Q. What grounds shall be considered by the Court? 4. Double jeopardy
Only those grounds stated in the motion. The only ground which the court may
consider even if not stated in the motion is lack of jurisdiction over the offense DENIAL OF A MOTION TO QUASH
charged.
Q. What is the remedy when a motion to quash is denied?
GROUNDS FOR A MOTION TO QUASH For petitioners to go to trial, without prejudice to reiterating the special
defenses invoked in their motion to quash. An appeal is not allowed because a
Q. What are the grounds for a motion to quash? denial of a motion to quash is an interlocutory order. A petition for certiorari is
1. That the facts charged do not constitute an offense likewise not allowed.
2. That the court trying the case has no jurisdiction over the offense
3. That the court trying the case has no jurisdiction over the person of the Exception: (when a petition for certiorari Rule 65 may be allowed)
accused When the court acted without or in excess of jurisdiction or with grave abuse
4. That the officer who filed the information had no authority to do so of discretion in denying the motion to quash.
5. That it does not conform substantially to the prescribed form
6. That more than one offense is charged except when a single WHEN COURT SHALL ORDER THE AMENDMENT OF THE C/I
punishment for various offenses is prescribed by law
7. That the criminal action or liability has been extinguished Q. When shall the court order the amendment of the information?
8. That it contains averments which, if true, would constitute a legal If the motion to quash is based on the alleged defect of the information and
excuse or justification the defect can be cured, the court shall order that an amendment be made.
9. That the accused has been previously convicted or acquitted of the
offense charged, or the case against him was dismissed or otherwise If the motion is based on the ground that the facts charged do not constitute
terminated without his express consent. an offense – the court shall give the prosecution an opportunity to correct the
defect by amendment.
Q. Is execution of an affidavit of desistance a ground for a motion to quash?
No. It is not one of the grounds enumerated. Q. When shall the court grant the motion to quash? (Refer to the preceding Q)
If despite opportunity:
People v. Salazar 1. The prosecution fails to make the amendment
Accused claims that the case should have been dismissed since the victim 2. If despite the amendment, the information still suffers the same
already executed an affidavit of desistance exonerating him from the crimes defect.
charged. Court ruled that an affidavit of desistance is viewed with suspicion and
reservation because it can easily be secured from a poor and ignorant witness, EFFECTS WHEN MOTION TO QUASH IS GRANTED
usually through intimidation or monetary consideration. At most, the retraction
is an afterthought which should not be given probative value. Q. Is an order granting a motion to quash a bar to another prosecution?
GR: Yes. The Court may order that another complaint or information be filed.
Q. Is absence of probable cause a ground to quash an information?
No. It is not a ground for the quashal of the information but is a ground for the XPNS: If the ground relied upon is either:
dismissal of the case. 1. Extinction of the criminal liability
2. Double jeopardy
Q. Are matters of defense grounds for a motion to quash?
No. The court should proceed with the case to determine the validity and truth Q. If the order to file another information is made, what happens to the accused?
of the defense in a full-blown trial. If he is in custody – he shall not be released, except if he bails.
If no order to file is made or no information was filed despite the order
Exceptions: – the accused shall be discharged, except, if he is in custody for another
1. Double jeopardy charge.
2. Extinguishment of criminal liability
DOUBLE JEOPARDY
Q. Is absence of a PI a ground to quash an information?
No. But it is a proper ground for a petition for reinvestigation. The court may Q. What is double jeopardy?
suspend the case for the completion of the PI. (Remedy is to remand the case) Refers to jeopardy of punishment for the same offense. Also called res judicata
in prison grey. The right against double jeopardy prohibits the prosecution for
Q: Can the court grant a motion to quash filed by the accused on the following a crime of which he has been previously convicted or acquitted.
grounds: that the court lacked jurisdiction over the person of the accused and
that the complaint charged more than one offense? Q. What is the constitutional provision on double jeopardy?
Section 21, Art 3, 1987 Constitution – No person shall be twice put in jeopardy
No. A motion to quash on the ground of lack of jurisdiction over the person of of punishment for the same offense. If an act is punished by a law or by an
the accused must be based only on this ground. If other grounds are included, ordinance, conviction or acquittal under either shall constitute a bar to another
there is a waiver, and the accused is deemed to have submitted himself to the prosecution for the same act.
jurisdiction of the court.
Q. What are the requisites of double jeopardy?
TEST IN APPRECIATION A MOTION TO QUASH 1. A first jeopardy must have attached prior to the second
2. The first jeopardy must have been validly terminated
Q. What is the test in appreciating a motion to quash when the ground relied 3. The second jeopardy must be for the same offense or the second
upon is that the facts charged do not constitute an offense? offense necessarily includes or is necessarily included in the offense
The test used is the sufficiency of the averments in the information. That is, charged in the first information, or is an attempt or frustration
whether the facts alleged, if hypothetically admitted, would establish the thereof.
essential elements of the offense as defined by law without considering other
matters.

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Q. What is res judicata? The dismissal order of the judge being null and void for lack of jurisdiction, the
It is a doctrine in civil law and thus has no bearing on criminal proceedings even same does not constitute a proper basis for a claim of double jeopardy.
if double jeopardy has been described as res judicata in prison grey. * Where the denial of the fundamental right of due process is apparent, a decision
rendered in disregard of such right is void for lack of jurisdiction.
Q. When is the first jeopardy terminated?
1. Conviction Q. May an erroneous acquittal be cured without offending the principle against
2. Acquittal double jeopardy?
3. Dismissal of the case without the express consent of the accused Yes. When the trial court acted with grave abuse of discretion amounting to
lack or excess of jurisdiction. The same shall be void and cannot be the source
Q. What are the requisites of a first jeopardy? of an acquittal.
1. Accused has been convicted or acquitted, or the case was dismissed
without his express consent Q. What is the proper remedy to question an erroneous acquittal?
2. The same was made by a court of competent jurisdiction Rule 65 Petition for certiorari
3. There is a valid C/I or other formal charge sufficient I form and
substance to sustain a conviction People v. Asis
4. Accused has pleaded to the charge Accused was charged with 2 counts of attempted murder and 1 count of
5. The subsequent prosecution is for an offense: frustrated murder in the RTC. The court found no treachery and evident
a) Which is the same as the former charge premeditation, thus he was only held liable for serious physical injures and less
b) Any offense which necessarily includes or is necessarily serious physical injuries. It also appreciated 4 generic mitigating circumstances.
included in the offense charged in the first information, With respect to the other, accused was acquitted.
c) For any attempt or frustration thereof
OSG filed a petition for certiorari under Rule 65 before the CA assailing the
APPEAL ON JUDGMENT OF CONVICTION OR ACQUITTAL decision for having been made with grave abuse of discretion. CA dismissed the
petition outright saying that the remedy should have been an appeal and not a
Q. Can an order of acquittal be appealed? petition for certiorari.
No. It is immediately final and cannot be appealed on the ground of double
jeopardy – because the government has already been afforded a complete SC ruled otherwise. It held that a petition for certiorari under Rule 65, and not
opportunity to prove the accused’s criminal liability. appeal, is the proper remedy to question a verdict of acquittal. Since a
judgment of acquittal is unappealable, the proper remedy is a separate petition
XPNS: for certiorari Rule 65. (but the SC denied the petition in this case because the
1. When the trial court acted with grave abuse of discretion prosecution failed to show that it was deprived of its right to due process and that the
petition raised errors of judgment)
* A judgment by the court with grave abuse of discretion is considered issued
without jurisdiction. (If the court had no jurisdiction, first jeopardy will not
attach. See requisites of first jeopardy) WHERE DOUBLE JEOPARDY NOT APPLICABLE
2. When there is a mistrial
Q. Is double jeopardy applicable in preliminary investigations?
Q. Can an order of conviction be appealed by the accused? No. A PI is not a trial of the case on the merits and has no purpose other than
Yes. But the accused waives his right against double jeopardy and throws the finding whether probable cause exists to hold the accused for trial. PI is
whole case open to review by the appellate court. The same applies to filing of executive in character, it does not contemplate a judicial function and does
MR. not place the person against whom it is taken in jeopardy.

Q. Can a judgment of conviction be appealed by the prosecution? Q. Is double jeopardy applicable to administrative cases?
Know the requisites of double jeopardy!!! (????) No. Double jeopardy finds application only in criminal cases.

Q. Can the offended party appeal the civil aspect of the case despite the acquittal Icasiano v. Sandiganbayan
of the accused? Double jeopardy does not apply in a controversy when one case was
Yes. The only bar is appealing the judgment of acquittal. The concept of double administrative in character while the Sandiganbayan case also against the same
jeopardy has reference only to a criminal case and has no effect on the civil accused was criminal in nature. All the elements for the application of double
liability of the accused. jeopardy do not apply vis-à-vis an administrative case. Hence, accused cannot
successfully clam that the dismissal of his administrative case entitles him to
COURT MUST HAVE COMPETENT JURISDICTION raise the defense of double jeopardy in the criminal case in the Sandiganbayan.

Q. What is the rule on double jeopardy anent the court’s jurisdiction? Cayao-Lasam v. Ramolete
For double jeopardy to attach, the court which rendered the judgment must be The elements of double jeopardy were not present in the proceedings before
one vested with competent jurisdiction. the Board of Medicine as the proceedings are administrative and not criminal
in nature.
Illustrative case
A criminal case for robbery that occurred in Makati was filed in a Quezon City Q. Does the dismissal of the criminal case result to the dismissal of the
court. QC court dismissed the case over the objections of the accused after administrative case?
realizing that it had no jurisdiction over the case. A subsequent information No, because they are distinct from each other and may proceed independently;
filed before the proper Makati court will not give rise to double jeopardy. First both also require different degrees of evidence.
jeopardy did not attach because the court which rendered the dismissal had no
jurisdiction over the case. Q. what are the 3 kinds of remedies available against a public officer for
impropriety in the performance of his duties?
Q. Give instances where first jeopardy did not attach. 1. Civil
1. Accused entered a plea in a court with no jurisdiction 2. Criminal
2. Case for offense punishable by reclusion perpetua was filed and 3. Administrative
tried in a MTC
3. Case pertaining to the Sandiganbayan was field in the RTC VALID COMPLAINT OR INFORMATION

Q. In the event where a court initially having jurisdiction is ousted of such Q. What is the rule on double jeopardy anent the information?
jurisdiction – will the same give rise to double jeopardy? For double jeopardy to be invoked, there must be a valid complaint or
No. information or formal charge sufficient in form and substance to sustain a
conviction.
Illustrative case
Prosecution informed the court that it had other witnesses to present. The Q. How is the sufficiency of the information tested?
court did not allow the other prosecution witness to testify and consequently Whether it could sustain a conviction. If it could not, then the charge is not a
dismissed the case for insufficiency of evidence. The Court reinstated the valid one which would preclude double jeopardy.
criminal case for further hearing – such reinstatement does not violate the rule
on double jeopardy.

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Q. A motion to quash was filed on the ground that the allegations do not ACCUSED HAS BEEN CONVICTED, ACQUITTED OR HIS CASE DISMISSED
constitute an offense. Consequently, the Court ordered the amendment of the
information to correct the defect. Will the filing of the new corrected information Q. What is the rule on double jeopardy anent the termination of the first
trigger the application of double jeopardy? jeopardy?
No, because there never was a first jeopardy under the first information since For double jeopardy to be invoked, it must be shown that in the prior charge,
the same was not valid. the accused had either been:
1. Convicted
Q. When may an information be considered not valid? 2. Acquitted
When it does not contain the basic requisites for the sufficiency of a complaint. 3. Case against him had been dismissed without his express consent
1. States the name of the accused TN: For double jeopardy to attach, the first jeopardy must have been
2. Designation of the offense terminated through either of the three abovementioned.
3. Acts or omissions constituting the offense
4. Name of the offended party Q. Does the filing of two informations charging the same offense afford the
5. Approximate date of the commission accused the right against double jeopardy?
6. Place where the crime was committed No, since there is still no prior first jeopardy which was terminated.
Q. Give an example of an invalid information. Q. What kind of dismissal would bring double jeopardy into application?
1. In private crimes where the information was subscribed by the A definite and unconditional dismissal which terminates the case. For dismissal
prosecutor and not the offended party. to be a bar under the jeopardy clause, it must have the effect of acquittal.
2. Officer who filed the information has no authority to do so
(Ex. Information was filed by the City Prosecutor of Angeles City for a crime DISMISSAL MUST BE WITHOUT THE EXPRESS CONSENT OF THE ACCUSED
committed in Pampanga)
Q. What is the rule on double jeopardy anent dismissal of the case?
ACCUSED SHOULD HAVE BEEN ARRAIGNED For double jeopardy to be invoked, the case against the accused must have
been previously dismissed or termination without his express consent.
Q. What is the rule on double jeopardy anent arraignment?
For double jeopardy to be invoked, the accused must have pleaded to the Hence, a dismissal of the case with the express consent of the accused will not
charge. The existence of a plea is an essential requisite to double jeopardy. prevent another prosecution for the same offense. XPNS:
1. Dismissal based on a violation of the right to speedy trial
Q. Before arraignment, the prosecutor withdrew the information and later filed 2. Dismissal because the prosecution was not prepared for trial since
another one against the same accused. Can double jeopardy be invoked by the the complainant and his witnesses did not appear
accused?
No, because he was never arraigned under the first information. People v. Espinosa
Before arraignment, accused sought the court’s permission to travel abroad
Q. What is required of the plea for double jeopardy to attach? pending the results of the reinvestigation of his case before the OM. Before
The plea must be valid. An invalid plea is tantamount to no plea at all. granting its permission, court required that the accused be “conditionally
arraigned”. He was therefore arraigned and pleaded not guilty. Subsequently,
People v. Magat the OM moved to withdraw ex parte the two cases against the accused, which
Accused pleaded guilty to the several counts of rape of his daughter but the court granted. When the cases were sought to be reinstated, accused file a
bargained for a lesser penalty. The mother and the prosecutor agreed and so motion to quash invoking double jeopardy arguing that he had already been
he was sentenced to 10 years for each count of rape. After 3 months, the cases arraigned in the previous Estafa cases and the withdrawal had been granted
were revived at the instance of the complainant on the ground that the penalty without his express consent.
imposed was “too light”. Accused was re-arraigned and entered a new plea of
guilty. Court rendered a judgment of conviction and imposed death penalty. SC agreed with the accused. A waiver must be clear, categorical and intelligent.
Corollary too such rule, the alleged conditions attached to an arraignment must
Accused appealed saying that the court erred in re-arraigning him despite the be unmistakable, express and informed. Otherwise, the plea should be deemed
fact that he was already convicted based on his plea of guilty. This, according to be simple and unconditional. The Court found that the plea of the accused
to him, violated his right against double jeopardy. during arraignment was simple and unconditional since the practice of allowing
a conditional plea is not part of the Rules.
SC disagree. Accused did not plead guilty to a lesser offense. He only bargained
for a lesser penalty. In short, he did not plea bargain but made conditions on Since the dismissal of the case was secured by the People without the express
the penalty to be imposed. His plea was undoubtedly a conditional plea and the consent of the accused, there is no waiver of the right against double jeopardy.
court should have vacated such plea and entered a plea of not guilty which Consequently, double jeopardy may be validly invoked.
would require a full-blown trial.
Q. When is there dismissal with the express consent of the accused?
Hence, the judgment rendered by the court which was based on a void plea When it is the accused himself who moves for the dismissal alleging that the
bargaining is also void ab initio and could not have attained finality. Hence, crime was not committed within the territorial jurisdiction of the court and the
since the judgment of conviction was void, double jeopardy will not lie. same was dismissed. Said motion operates as a waiver of his constitutional right
against double jeopardy.
People v. Balisacan
Accused was charged with homicide and first entered a plea of guilty. However, Andres v. Cacdac
he subsequently testified in the course of being allowed to prove mitigating All the accused claimed that the provisional dismissal of their case should be
circumstances that he acted in complete self-defense which led to her considered a bar to the subsequent filing of another information against them
acquittal. (Note: There was no full-blown trial conducted to establish the truth of the self- for the same offense on the ground of DJ. The Court disagreed. The accused
defense claim) The government appealed the judgment contending that the and their counsel not only consented but also asked for the provisional
accused should not have been acquitted. Accused invoked his right against dismissal of the case. Their act operates as a waiver of their defense of DJ.
double jeopardy.
DISMISSALS EQUIVALENT TO ACQUITTAL EVEN WITH ACCUSED’S CONSENT
The Court sustained the appeal. Since the accused asserted self-defense, it had
the effect of vacating his plea of guilty and the court should have required the Rule: Not every dismissal with the consent of the accused would preclude the
accused to plead anew on the charge or at least direct that a new plea of “not invocation of double jeopardy.
guilty” be entered for him. Since this was not done, it follows that there was no
standing plea at the time the court rendered its judgment of acquittal. Hence, Q. When may a dismissal even with the express consent of the accused be
there can be no double jeopardy. equivalent to acquittal?
1. Dismissal based on a violation of the right to speedy trial
2. Dismissal because the prosecution was not prepared for trial since
the complainant and his witnesses did not appear
3. Discharge of an accused to be a state witness
4. When the court grants a demurrer to evidence on the ground of
insufficiency of evidence

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TN: The word “provisional” would not change the legal effect of the dismissal. IDENTITY RULE
Esmena v. Pogoy Q. What is the identity rule?
Counsel for the accused told the court that the accused is insisting that the case There is identity between two offenses not only when the second offense is
be heard on that day and is invoking the constitutional right to a speedy trial of exactly the same as the first, but also when the second offense includes or is
the case. Because the fiscal could not present evidence since the case “had necessarily included in the first offense or an attempt or frustration thereof.
been dragging all along and the accused are ready for the hearing”, the judge
issued an order dismissing the case provisionally. TN: See pages 496 – 503 of the book.

27 days later, the fiscal filed a motion for the revival of the case. The accused PROVISIONAL DISMISSAL
filed a motion on the ground of double jeopardy, saying that they did not
consent to the provisional dismissal of the case. Hence, the same amounted to Q. What is the rule on provisional dismissal of a case?
an acquittal. GR: Where the case was dismissed PROVISIONALLY with the consent of the
accused, he CANNOT invoke double jeopardy in another prosecution therefore
SC ruled in favor of the accused. It is true that the accused relied on his OR where the case was reinstated on a motion for reconsideration by the
constitutional right to speedy trial. Since the fiscal was not ready, the judge prosecution.
provisionally dismissed the case on his own volition. Hence, the dismissal placed
the accused in jeopardy. But even if it is the accused who moved for the XPNs: Where the dismissal was actually an acquittal based on:
dismissal of the case which implied express consent, the dismissal would still 1. Lack or insufficiency of the evidence
place him in jeopardy. The use of the word provisional would not change the 2. Denial of the right to speedy trial hence even if the accused gave his
legal effect of the dismissal. express consent to such dismissal, such consent would be immaterial as
such dismissal is actually an acquittal.
WHEN DOUBLE JEOPARDY SHALL NOT APPLY DESPITE A PRIOR CONVICTION
Q: What are the requisites for provisional dismissal?
Q. When is the conviction of an accused shall not be a bar to another prosecution 1. Consent of the prosecutor
for an offense which necessarily includes the offense charged in the former 2. Consent of the accused
complaint or information? 3. Notice to the offended party (Sec. 8).
1. The graver offense developed due to supervening facts arising from Note: If a case is provisionally dismissed, the failure to revive or reinstate the
the same act or omission constituting the former charge case within the periods set by law will make the dismissal permanent.

2. The facts constituting the graver charge became known or were Q: What is the time bar rule? Explain.
discovered only after a plea was entered in the former C/I It provides that the provisional dismissal of a case shall become permanent
without the case having been revived in the following periods:
3. The plea of guilty to a lesser offense was made without the consent
of the prosecutor and of the offended party. A. 1 year after issuance of the order of provisional dismissal – for
offenses punishable by imprisonment not exceeding 6 years or a
4. The second offense was not in existence at the time of the first fine of any amount, or both
prosecution for the simple reason that in such case, there is no
possibility for the accused, during the first prosecution, to be B. 2 years after issuance of the order of provisional dismissal – with
convicted for an offense that was then inexistent respect to offenses punishable by imprisonment of more than 6
years
Note: In any of the foregoing cases, where the accused satisfies or serves in whole or in
part the judgment, he shall be credited with the same in the event of conviction for the
graver offense. Q. How may the case be revived by the State?
1. By refiling the Information
DOUBLE JEOPARDY IN QUASI OFFENSES 2. By filing a new Information for the same offense or an offense
necessarily included therein
Q. Is double jeopardy applicable in quasi-offenses?
Yes. What is being punished is the negligent or careless act and not the result TN: No need for a new preliminary investigation.
thereof.
Q. What is the difference between withdrawal of information and a motion to
Ivler v. Modesto-San Pedro dismiss?
As a result of a vehicular accident, accused was charged with 2 separate The order granting the withdrawal of the information attains finality after
offenses in 2 separate informations: 15 days from receipt thereof, without prejudice to the refiling of the
1. Reckless imprudence resulting in SPI (injuries sustained by respondent) information upon reinvestigation.
2. Reckless imprudence resulting in homicide and damage to property (for
death of respondent’s husband and damage to vehicle) While the order granting a motion to dismiss becomes final 15 days after
receipt thereof, with prejudice to the re-filing of the same case once such
Accused pleaded guilty to the charge of RI resulting in SPI and was given a order achieve finality. A motion to dismiss when filed thus puts into place
penalty of public censure. Following the conviction, accused moved to quash the time-bar rule on provisional dismissal.
the second information for placing him in jeopardy of second punishment for
the same offense of reckless imprudence. MTC denied the motion and accused CHAPTER 10. PRE-TRIAL, TRIAL AND DEMURRER TO EVIDENCE
thereafter elevated the matter to the RTC which affirmed the MTC’s decision.
RULE 118 – PRE TRIAL
SC agreed with the accused. The two charges against the accused arose from
the same facts and were prosecuted under the same provision of the RPC, Art PRE-TRIAL
365 – quasi offenses. The doctrine is that reckless imprudence under Art 365 is
a single quasi-offense by itself and not merely a means to commit other crimes. Q. What are the courts in which pre-trial is mandatory?
Hence, conviction or acquittal of such quasi-offense bars subsequent 1. Sandiganbayan
prosecution for the same quasi-offense, regardless of its various resulting acts. 2. RTC
3. MTC, MTCC, MCTC
Rationale: In quasi-offenses, what is being punished is the negligent or careless Q. What are the matters to be considered during the pre-trial (purpose)?
act and not the result thereof. Since the careless act is single, whether the 1. Plea bargaining
injurious result should affect several persons, the offense (criminal negligence) 2. Stipulation of facts
remains one and the same and cannot be split into different crimes. 3. Marking for identification of evidence
4. Waiver of objections to admissibility of evidence
Whether or not procedural rules may be given retroactive effect? 5. Modification of the order of trial if the accused admits the charge
GR: Yes. but interposes a lawful defense
XPN: If it will work injustice or impair the independence of the trial court. 6. Such matters as will promote a fair and expeditious trial of the
criminal and civil aspects of the case

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Q. When should pre-trial be held? Q. What is the form of a valid pre-trial agreement?
It should be held after arraignment and within 30 days from the date the court The pre-trial agreements must be:
acquires jurisdiction over the person of the accused. 1. Reduced in writing
2. Signed by the accused and counsel
Q. When should the pre-trial conference be held?
Within 30 days after arraignment. TN: If this is not followed, the admissions cannot be used against the accused.

Q. What should the Order setting the pre-trial conference contain? Q. How should the proceedings during the pre-trial be made?
The Court shall set the pre-trial conference & issue an order containing the ff: The proceedings shall be recorded, the transcripts prepared and the minutes
signed by the parties and/or their counsels.
1. Requiring the private offended party to appear for purposes of plea
bargaining and for other matters requiring his presence. PRE-TRIAL ORDER
XPN: Cases for violations of the Comprehensive Drugs Act Q. What is a pre-trial order?
It is an order issued by the judge setting forth the actions taken during the
2. Referring the case to the Branch Clerk of Court if warranted for a pre-trial conference, the facts stipulated, the admissions made, the evidence
preliminary conference. (to be set at least 3 days prior to the pre- marked, the number of witnesses presented and the schedule of the trial.
trial)
Q. When shall the judge issue a Pre-Trial Order?
3. Informing the parties that no evidence shall be allowed to be Within 10 days after the termination of the pre-trial.
presented and offered during the trial other than those identified
and marked during the pre-trial. Q. What are the effects of a pre-trial order?
XPN: When allowed by the court for good cause shown. 1. It shall bind the parties
2. Limit the trial to the matters not disposed
Q: What is the effect of non-appearance of counsel for the accused or the 3. Control the course of the action during the trial
prosecutor during the pre-trial without valid justification? Unless modified by the court to prevent manifest injustice
The court may impose proper sanctions or penalties in the form of reprimand,
fines or imprisonment if he does not offer an acceptable excuse for his lack of Q. What is the difference between:
cooperation (Sec. 3, Rule 118).
Pre-trial in a civil case Pre-trial in a criminal case
Note: These sanctions are not applicable on the accused, because to include him among
the mandatory parties to appear might violate his constitutional right to remain silent. Preceded by a motion ex parte filed
by the plaintiff to set the case for Such motion is not required
pre-trial
PRELIMINARY CONFERENCE Pre-trial shall be held after
Pre-trial shall be set by the court arraignment and within 30 days
Q. What is the duty of the branch clerk of court during preliminary conference? after the requisite motion from the date the court acquires
1. Assist the parties in reaching a settlement of the civil aspect of the case jurisdiction over the person
2. Mark the documents to be presented as exhibits and copies thereof
Purpose of considering the
attached to the records after comparison
possibility of amicable settlement Such is not the purpose of a pre-
3. Ascertain from the parties the undisputed facts and admissions on the
or of submission to alternative trial in a criminal case
genuineness and due execution of documents marked as exhibits
modes of dispute resolution
4. Consider such other matters as may aid in the prompt disposition of
the case Sanction for non-appearance is Sanction is imposed upon the
upon the non-appearing party counsel of prosecutor
Q. How should the proceedings be recorded?
Parties are required to file and
The proceedings during the preliminary conference (PC) shall be recorded in No pre-trial briefs are required
serve their pre-trial briefs
the Minutes of PC to be signed by both parties and counsel. The minutes and
exhibits shall be attached to the case record before the pre-trial.
JUDICIAL DISPUTE RESOLUTION (JDR)
Q. What is the difference between pre-trial conference and preliminary
conference?
Q. What is Judicial Dispute Resolution (JDR)?
The former is conducted before the judge while the latter is conducted before
It is an innovative concept in the judicial system which fosters mediation and
the branch clerk of court.
conciliation at the level of the judge in order to contribute to the resolution of
mediatable cases.
Q. What is the duty of the judge before the pre-trial conference?
The judge must study the allegations of the information, the statements in the
Q. What are the goals of JDR?
affidavits of witnesses and other documents which form part of the record of
1. To contribute to the resolution of cases
the preliminary investigation.
2. Increase the satisfaction of litigants in court process
3. Help decongest the dockets of the judiciary
PLEA BARGAINING 4. Strengthen conciliation during the pre-trial stage
5. Expedite resolution of cases
Q. What is the duty of the judge when a plea bargaining is agreed upon?
Q. What are the stages in the judicial proceedings?
1. Issue an order to that effect Judicial proceedings shall be divided into 2 stages:
2. Proceed to receive evidence on the civil aspect of the case
3. Render and promulgate judgment of conviction including the civil 1. First stage
liability or damages duly established by evidence A. Filing of a complaint
B. Conduct of CAM (Court-Annexed Mediation)
Q. What is the duty of the judge when the plea bargaining fails? C. JDR during the pre-trial stage
1. Adopt the minutes of the preliminary conference as part of the pre-
trial proceedings 2. Second stage
2. Confirm the markings of exhibits A. Pre-trial proper
3. List object and testimonial evidence B. Trial
4. Scrutinize every allegation in the information C. Judgment
5. Ask parties to agree on specific dates for the trial
6. Require the parties to submit the names, addresses and contact Q. Who shall preside over the first stage?
numbers of witnesses to be summons The judge to whom the case has been originally raffled. He is called the JDR
7. Consider the modification of the trial if the accused admits the Judge. He shall not preside the trial of the same case when mediation does not
charge but interposes a lawful defense succeed.

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Q. What is the role of the JDR Judge? parties inform the court that they have agreed to undergo mediation on
A. As a mediator and conciliator – He facilitates the settlement some aspects thereof, e.g., custody of minor children, separation of
discussions between parties and tries to reconcile their differences. property, or support pendent lite, the court shall refer them to
mediation
B. As a neutral evaluator – he assesses the relative strength and
weaknesses of each party’s case and makes a non-binding and DISCOVERY PROCEDURES IN CRIMINAL CASES
impartial evaluation of the chances of each party’s success in the case.
Q. Are discovery procedures allowed in criminal cases?
Q. Is the mediation process confidential? Yes. There is no rule which precludes the use of relevant modes of discover in
Yes. All JDR conferences shall be conducted in private. The JDR judge shall not a criminal case.
pass on any information obtained in the course of conciliation, early neutral
evaluation or mediation to the trial judge or to any other person. Q. What are the discovery procedures in criminal cases?
The rules allow the production and inspection of material evidence in
Q. What are the cases subject to mediation for JDR? possession of the prosecution.
1. All civil cases, settlement of estates and cases covered by the Rule on Examples:
Summary Procedure. a. Determining the mental condition of the witness through an
Except those which may not be compromised by law. examination
a. Violation of traffic rules b. Oral depositions
b. Violation of municipal or city ordinances
People v. Hubert Webb
2. Cases cognizable by the Lupong Tagapamayapa under the Katarungang
Respondent filed a motion to take the testimony by oral deposition of several
Pambarangay Law
witnesses in the US but the motion was denied by the court for the same was
3. The civil aspect of BP 22 not allowed by the Rules. SC ruled that the use of discovery procedures is
directed to the sound discretion of the trial judge. Taking of depositions in
4. Civil aspect of quasi-offenses
criminal cases is addressed to judicial discretion.
a. Reckless or simple imprudence or negligence resulting in
slight, less serious or serious physical injuries CHAPTER 10. TRIAL
b. Imprudence resulting in damage to property
c. Reckless or simple imprudence with violation of the motor RULE 119 – TRIAL
vehicle law
BASIC CONCEPTS
5. Civil aspect of Estafa and libel
6. Civil aspect of theft Q: What is a trial?
Trial is the examination before a competent tribunal according to the laws of
SALIENT FEATURES OF THE JDR PROCESS the land, of facts put in issue in a case for the purpose of determining such
issue.
Q. What are the salient features of the JDR process?
1. The judge conducting the JDR is called the JDR judge (instead of pre- After a plea of not guilty is entered, the accused shall have at least fifteen (15)
trial judge) He acts as the mediator, conciliator and neutral days to prepare for trial. The trial shall commence within 30 days from receipt
evaluator. of pre-trial order.
2. Taking of notes is strictly limited for the personal consumption of
the judge and should not form part of the records of the case (to Note: Denial of right to prepare is reversible error; the proper remedy from a judgment
of conviction under such case is appeal and not certiorari nor habeas corpus.
preserve confidentiality)
3. Timeline for mediation is: Q. When shall trial commence?
a. 60 days – second level courts Within 30 days from the receipt of the pre-trial order.
b. 30 days – first level courts
Q. If the accused is to be tried again pursuant to an order for a new trial, when
4. Where a settlement is reached, the parties immediately comply shall trial commence?
with the agreement. (usually happens in money claim disputes) Within 30 days from notice of the order granting a new trial.
5. Where parties agree to settle, a compromise agreement is secured. Take note: This may be extended to one not exceeding 180 days from notice of the order,
if period becomes impractical due to unavailability of witnesses and other factors.
6. If no settlement is reached after the JDR, the judge issues an order
returning the case to the Office of the Clerk of Court for raffling and Q. Provide the summary of periods.
the case is raffled to another judge who will conduct the pre-trial
proper and trial. Arraignment Pre-trial Trial

COURT-ANNEXED MEDIATION GUIDELINES

30 days from the date After arraignment and
AM No. 04-3-05-SC
the court acquires within 30 days from
Q. What are the guidelines for parties’s counsel in CAM? jurisdiction over the the date the court 30 days from receipt
person of the accused acquires jurisdiction of the pre-trial order
1. Re-orientation of attitudes towards disputes over the person of the
2. Re-orientation of lawyer’s role in mediation TN: If under preventive accused
3. Preparation for participation in mediation detention, 10 days from
4. Participation in the mediation sessions the date of raffle TN: If under preventive
5. Assistance in preparing compromise agreement or withdrawal of detention, 10 days from
complaint and satisfaction of claim the date of raffle

Note: See pages 521-524 of the book.

Q: What are those cases which cannot be referred to Court Annexed Mediation Q. What is the effect if the accused is not brought to trial within the prescribed
and Judicial Dispute Resolution? period?
The following cases shall not be referred to CAM and JDR: The information may be dismissed upon the motion of the accused. The
ground for dismissal is the denial of his right to speedy trial.
1. Civil cases which by law cannot be compromised (Article 2035, New Civil (TN: Dismissal shall be subject to the rules on double jeopardy)
Code)
2. Other criminal cases not covered under paragraphs 3 to 6 above Q. What are the delays to be excluded from computing the period of
3. Habeas Corpus petitions commencement of trial?
4. All cases under VAWC Delays resulting from:
5. Cases with pending application for Restraining Orders/Preliminary 1. The examination of the physical and mental condition of the accused
Injunctions. However, in cases covered under 1, 4 and 5 where the 2. Proceedings with respect to other criminal charges against the accused

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3. Extraordinary remedies against interlocutory orders TN: The court shall conduct a hearing in support of the discharge
4. Pre-trial proceedings (provided delay does not exceed 30 days)
5. Orders of inhibition or change of venue Q. What are the grounds for the discharge of the accused?
6. Finding of the existence of probable cause When the court is satisfied that:
7. Absence or unavailability of an essential witness 1. There is absolute necessity for the testimony of the accused
TN: Essential – indispensable, necessary or important in the highest degree 2. There is no other direct evidence available
8. Mental incompetence or physical inability of the accused to stand trial 3. The testimony can be substantially corroborated in its material
9. Continuance points
4. Said accused does not appear to be the most guilty
Q. When is the witness deemed absent and unavailable? 5. Said accused as not at any time been convicted of any offense
Absent – whereabouts are unknown or cannot be determined by involving moral turpitude
due diligence
Unavailable – whereabouts are known but his presence cannot be Q. When is the discharge of the accused essential?
obtained by due diligence When the crime is contrived in secret. This is essential because only they have
knowledge of the crime.
Q. What is meant by continuous trial?
Trial once commenced, shall continue from day to day as far as practicable Q. What happens to the evidence adduced during the discharge hearing?
until terminated. It may be postponed for a reasonable period of time for It shall automatically form part of the trial.
good cause.
TN: If the court denies the motion for discharge, the sworn statement shall be inadmissible
Q. What is the trial period? in evidence.
The entire trial period shall in no case exceed 180 days from the first day of
trial, except as otherwise provided by the Supreme Court. Q. What is the effect of the discharge of an accused to be a state witness?
The discharge shall amount to an acquittal, except if the accused fails or refuses
to testify against his co-accused.
CONTINUANCE

Q. What is a continuance? MISTAKE IN CHARGING THE PROPER OFFENSE

It is a motion to postpose the hearing of the trial to some other date.
Q: What shall be done when mistake has been made in charging the proper
Q. What are the factors to be considered for granting continuances? offense?
1. Whether the failure to grant the same would likely make a When it becomes manifest at any time before judgment that a mistake has
continuation of such proceeding impossible or result in a been made in charging the proper offense and the accused cannot be convicted
miscarriage of justice of the offense charged or any other offense necessarily included therein, the
2. Whether the case taken as a whole is so novel and complex accused shall not be discharged if there appears to be a good cause to detain
him. In such case, the court shall commit the accused to answer for the proper
Q. What are the prohibited grounds for a continuance? offense and dismiss the case upon filing of the proper information.
1. Congestion of the court’s calendar or due to lack of diligent
preparation ORDER OF TRIAL
2. Failure to obtain available witness on the part of the prosecutor.
Q. What is the order of trial?
CONDITIONAL EXAMINATION OF WITNESSES BEFORE TRIAL In criminal cases, unless the accused admits the act or omission charged in the
complaint or information but interposes a lawful defense, the trial shall
Q. What is meant by conditional examination of witnesses? proceed in the following order:
Witnesses for the accused may be conditionally examined even before the trial
of the case as when the witness is sick or infirm, lives 100 kms from the place 1. The prosecution shall present evidence first (a) to prove the charge
of trial or has to leave the country with no definite date of returning. and (b) to prove the civil liability in the proper case.

Q. What must be filed? 2. The accused may present evidence to prove his defense, and
A motion for the conditional examination of the witnesses. The motion shall damages he sustained, if any, arising from the issuance of a
state the: provisional remedy in the case.
1. Name and residence of the witness
2. Substance of his testimony 3. The prosecution and the defense may, in that order, present rebuttal
3. Reason for his inability to attend the trial and surrebuttal evidence unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon the main
TN: If warranted, an order shall be issued to that effect and a copy of the order shall be issue.
served on the prosecutor at least 3 days before the schedule examination. The examination
shall be taken before a judge or a member of the bar in good standing. 4. Upon admission of the evidence of the parties, the case shall be
deemed submitted for decision unless the court directs them to argue
Q. How shall the appearance of a material witness be secured? orally or to submit written memoranda (Sec. 11, Rule 119).
If the court is satisfied upon either proof or oath that a material witness will not
testify when required, either party may secure an order from the court for a Q. When may the order of trial be modified?
material witness to post bail. When the accused admits the act or omission but interposes a lawful defense.

TN: If he refuses to post bail, the court shall commit him to prison until he OTHER MATTERS
complies or is legally discharged after his testimony is taken.
REOPENING OF THE PROCEEDINGS
DISCHARGE OF THE ACCUSED TO BE A STATE WITNESS
Q. When may the proceedings be reopened?
Q. What is the effect when two or more accused are jointly charged? At any time before the finality of the judgment of conviction, the judge may
They shall be tried jointly, unless the court orders a separate trial for one or moto proprio or upon motion, with hearing in either case, reopen the
more accused, upon motion of the prosecutor or any of the accused. proceedings to avoid a miscarriage of justice.
TN: The proceedings shall be terminated within 30 days from the order granting it.
Q. May any of the accused jointly tried with other be discharged?
Yes, with their consent, so they may be witnesses for the State. Q. What are the requisites for reopening a case?
1. The reopening must be before the finality of a judgment of
Q. What should the prosecutor do? conviction
1. File a motion for the discharge of the accused 2. The order is issued by the judge
2. File the motion before the prosecution rests it case 3. Order is issued only after a hearing is conducted
4. Order intends to prevent a miscarriage of justice
Q. What shall the court do upon receipt of the motion by the prosecutor? 5. Presentation of additional evidence shall be terminated within 30
1. Require the prosecution to present evidence days from the issuance of the order.
2. Require the sworn statement of each proposed state witness
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INSTANCES WHEN THE PRESENCE OF THE ACCUSED IS REQUIRED Q. Is the grant of the leave to the accused to file a demurrer a matter of right?
No. It is upon the sound discretion of the court. Purpose is to determine
Q: What are the instances when the accused’s presence is required by law? whether the accused is merely stalling the proceedings.
1. Upon arraignment and in entering plea
2. During trial when his presence is necessary for the purpose of DEMURRER TO EVIDENCE WITH LEAVE OF COURT
identification
3. Upon promulgation of judgment except for light offenses Q. What shall the motion for leave of court to file demurrer state?
4. When the court with due notice requires so. It shall specifically state its grounds.

Q. When can the accused be tried in absentia? Q. When shall the motion for leave of court be filed?
1. When the accused has already been arraigned Within a non-extendible period of 5 days after the prosecution rests its case.
2. The accused has been duly notified of the trial or hearings The prosecution may oppose the motion within a non-extendible period of 5
3. Absence of the accused or his failure to appear is unjustified days from its receipt.

RULES ON WITNESS’ CREDIBILITY Q. When shall the demurrer be filed if the court grants the leave?
Within a non-extendible period of 10 days from notice.
Q. What are the rules on witness’ credibility?
1. Contradictions between the contents of an affiant’s affidavit and his Q. What is the remedy if the motion for leave is denied?
testimony in the witness stand – do not always militate against the The accused may adduce evidence in his defense. The order denying the
witness’ credibility. (because affidavits are usually taken ex parte so motion for leave shall not be reviewable by appeal or certiorari before
are often incomplete) judgment.

2. Truth is established by the quality of the testimonies of the witness XPN: (When certiorari may be availed of)
and not by the number of witnesses. When denial is tainted with grave abuse of discretion.

COMMENTS AND QUESTIONS OF THE JUDGE DURING TRIAL Q. What is the effect if the court grants the demurrer?
The case is dismissed. The accused is as good as acquitted. Double jeopardy is
Q. What should the judge observe when making comments and questions applicable.
during trial?
Examination must be limited to asking clarificatory questions. The court DEMURRER TO EVIDENCE WITHOUT LEAVE OF COURT
should, as much as possible, stay out in the conduct of trial.
TN: Technically the same rules and effects as with demurrer to evidence with
Tabuena v. Sandiganbayan leave of court. There is only one difference.
The “cold neutrality of an impartial judge” requirement of due process was
certainly denied Tabuena and Peralta when the court, with its overzealousness, Q. What is the effect when the demurrer without leave of court was denied?
assumed the dual role of magistrate and advocate. The accused waives his right to present evidence and submits the case for
judgment on the basis of the evidence of the prosecution.
People v. Benancio Mortera
Sarcasm alone by the judge cannot lead to the conclusions that the judge had Q. What is the difference between demurrer to evidence in a civil case and that
taken the side of the prosecution. The remarks do not reflect any partiality on of a criminal case?
the trial court.
Demurrer in a civil case Demurrer in a criminal case
CORPUS DELICTI IN CRIMINAL CASES Failure of the plaintiff to show that Predicated upon Insufficiency of
upon the facts and the law, he is evidence
Q. What is corpus delicti? entitled to relief
The body, foundation or substance of a crime. Requires no prior leave of court May be filed with or without leave
of court
Q. What are the two elements of corpus delicti? When denied, defendant does not When denied, accused may only
1. That a certain result has been established (ex. That a man has died) lose his right to present evidence adduce his evidence only when
2. Some person is criminally responsible for it demurrer was filed with leave of
court
TN: The prosecution is burdened to prove corpus delicti beyond reasonable if granted, the plaintiff may appeal If granted, no appeal is allowed
doubt. Corpus delicti need not be proved by an autopsy report of the dead because it is deemed as acquittal
victim’s body nor the presentation of the murder weapon.
CHAPTER 11. JUDGMENT, REMEDIES AFTER JUDGMENT OF CONVICTION AND
LACK OF FORMAL OFFER OF EVIDENCE DURING TRIAL PROVISIONAL REMEDIES
Q. What is the effect if the evidence during trial were not formally offered? RULE 120 – JUDGMENT
They cannot be treated as evidence. “The court shall consider no evidence
which has not been formally offered”. JUDGMENT

Q. Why is formal offer necessary? Q. What is judgment?

Because judges are mandated to rest their findings only and strictly upon the The adjudication by the court that the accused is guilty or not guilty of the
evidence offered by the parties at trial. Its function is to enable the trial judge offense charged and the imposition on him of the proper penalty and civil
to know the purpose for which the proponent is presenting the evidence, and liability, if any.
allows opposing parties to examine the evidence and object to its
admissibility. Q. What are the requisites of judgment?
1. It must be written in the official language
RULE 119 CONT. – DEMURRER TO EVIDENCE 2. Personally and directly prepared and signed by the judge
3. Must contain clearly the:
DEMURRER TO EVIDENCE a. Statement of facts
b. Law upon which it is based
Q. What is demurer to evidence?
A motion to dismiss that is filed by the accused after the prosecution has
Q. Why should the parties be informed of how the case was decided?
rested its case on the ground of insufficiency of evidence.
Losing party is entitled to know why he lost, so he may appeal to the higher
TN: The Court may on its own initiative dismiss the action on the ground of insufficiency court should he believe that the decision should be reversed.
of evidence without waiting for a demurrer.
Q. What are the contents of a judgment of conviction?
Q. What are the two kinds of demurrer to evidence? 1. Legal qualification of the offense
1. Demurrer to evidence with leave of court 2. Aggravating and mitigating circumstances
2. Demurrer to evidence without leave of court

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3. Participation of the accused in the offense whether as principal, Q: What happens when an offense includes or is included in another?
accomplice or accessory
4. Penalty imposed upon the accused GR: If what is proved by the prosecution evidence is an offense which is
5. Civil liability or damages included in the offense charged in the information, the accused may validly be
convicted of the offense proved.
Q. What are the contents of a judgment of acquittal?
1. State whether or not the evidence of the prosecution (a) absolutely An offense charged NECESSARILY INCLUDES the offense proved when some of
failed to prove the guilt of the accused, or (b) merely failed to prove the essential ingredients or ingredients of the former as alleged in the
his guilt beyond reasonable doubt complaint or information constitute the latter.
2. Determine if the act or omission from which the civil liability might
arise did not exist. An offense charged NECESSARILY INCLUDED in the offense proved when the
TN: A judgment of acquittal is immediately final. essential ingredients of the former constitute or form part of those constituting
the latter.
Q. What is the remedy against the court’s order cancelling the accused’s bail
bond after a judgment of conviction? XPN: Where the facts supervened after the filing of information which changed
A motion to review with the CA in the same regular appeal proceedings as an the nature of the offense. (Sec. 5).
incident of his appeal.
Note: An accused cannot be convicted for the lesser offense necessarily included in the
TN: Filing of a separate petition via special civil action or special proceeding questioning crime charged if at the time of the filing of the information, the lesser offense has already
such adverse order – PROHIBITED. prescribed (Francisco v. CA, G.R. No. L-45674, May 30, 1983).

RULE WHEN THERE ARE TWO OR MORE OFFENSES IN ONE INFOMRATION

PROMULGATION OF JUDGMENT
Q. When is there duplicitous complaint or information?
Q: What is promulgation of judgment?
When two or more offenses are charged in a single information.
It is the official proclamation or announcement of judgment. It consists of
reading the judgment or sentence in the presence of the accused and any
Q. What is the remedy of the accused if there is a duplicitous information?
judge of the court rendering the judgment.
File a Motion to Quash. “An information must charge only one offense, except
when the law prescribe a single punishment for the crime.”
Is the accused required to be present during the promulgation of judgment?
GR: Yes.
Q. What is the effect if the accused fails to object before trial?
XPNs:
Deemed to have waived the defect – the court may convict him for as many
1. In case of acquittal
offense as are charged and proved.
2. Conviction of light offense wherein the judgment may be pronounced
in the presence of the accused’s counsel or representative
Q. What is the effect if the judgment is rendered by the judge who did not hear
3. Promulgation of judgment when the accused was tried in absentia
the case?
It does not render the judgment erroneous, especially where the evidence on
Q. How is judgment promulgated?
record is sufficient to support its conclusion.
GR: By reading it in the presence of the accused and any judge of the court in
VARIANCE DOCTRINE which it was rendered.
XPN: If conviction is merely for a light offense (judgment may be pronounced
GR: An accused may be convicted only of the crime with which he is charged. in the presence of his counsel of representative)
XPN: The rule on variance.
TN: The court promulgating the judgment shall have authority to accept the notice of
Q. What is the variance doctrine? appeal and approve the bail bond.
When the offense proved is different from the offense charged in the complaint
and the offense as charged is either included in the offense proved or Q. Can judgment be promulgated by the clerk of court?
necessarily includes the offense proved. If the judge is absent or outside the province or city.

Q. What is the effect if there is variance? Q. What is the rule if the accused fails to appear in the promulgation of judgment
When the offense proved is necessarily included in the offense charged despite notice?
in the complaint – the accused shall be convicted of the offense proved The promulgation shall be made by recording the judgment in the criminal
and not of the offense charged docket and serving him a copy thereof at his last known address or through his
counsel.
When the offense charged in the complaint is necessarily included in the TN: The presence of the accused is not indispensable in the promulgation of judgment.
offense proved – the accused shall be convicted of the offense charged
and not of the offense proved. Q. What is the effect if the judgment is for conviction and the accused fails to
appear without justifiable cause?
TAKEN FROM UST GOLDEN NOTES He shall lose the remedies available in the Rules of Court and the court shall
order his arrest.
Q: What is the rule regarding a judgment in case of variance between the offense
charged and proved? XPN: Within 15 days from promulgation of judgment, accused may surrender
and file a motion for leave of court to avail of the remedies. If his absence is
GR: An accused can be convicted of an offense only when it is both charged and justified, the court may allow him to avail of the remedies.
proved; if it is not charged although proved, or if it is not proved although
charged, the accused CANNOT be convicted thereof. Q. May the judgment be modified?
Yes, upon motion of the accused, before the judgment becomes final or before
XPN: Where there is a variance between the offense charged in the complaint appeal is perfected.
or information and that proved AND the offense as charged is included in or is
necessarily includes the offense proved, the accused shall be convicted of the FINALITY OF JUDGMENT
offense proved which is included in the offense charged, or of the offense
charged which is included in the offense proved. (Sec. 4). Q. When does judgment become final?
1. After the lapse of the period for perfecting an appeal
Note: An accused cannot be convicted of an offense not charged or included in the
information for this will be in violation of the constitutional right of the accused to be 2. When the sentence has been partially or totally satisfied or served
informed of the nature of the offense charged against him (Herrera, Vol. IV, p. 882, 2007 3. When the accused has waived in writing his right to appeal
ed.). 4. When he has applied for probation

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Q: When may the trial court lose jurisdiction even before the lapse of the 15 day 2. Newly discovered evidence
period? a. The evidence already taken shall stand
The trial court loses jurisdiction even before the lapse of the 15 day period b. Newly discovered and other evidence as the court may, in the
when: interest of justice, allow to be introduced, shall be taken and
1. The defendant voluntarily submits to the execution of the judgment considered together with the evidence already in the record
2. When the defendant perfects an appeal
3. Defendant withdraws his appeal Note: The effect of granting a new trial is not to acquit the accused of the crime of which
4. Accused expressly waives in writing his right to appeal the judgment finds him guilty but precisely to set aside said judgment so that the case may
5. Accused files for probation. be tried de novo as if no trial had been had before

RULE 121 – NEW TRIAL OR RECONSIDERATION THE NEYPES RULE

MOTION FOR NEW TRIAL OR RECONSIDERATION Q. What is the effect of filing a motion for new trial or reconsideration on the
period of perfecting an appeal?
Rule: The accused may file a motion for new trial or a motion for A fresh period of fifteen (15) days to appeal is counted from the denial of the
reconsideration for the judgment adverse to him. motion for reconsideration or new trial (Neypes v. CA)
TN: Court may, at its own instance, grant a new trial or reconsideration of the judgment,
Note: Denial of a motion for reconsideration or new trial is not appealable nor subject of
but with the consent of the accused.
certiorari; but it may be raised as an error on appeal. The Neypes Rule applies to appeals
in criminal cases.
Q: When should a motion for new trial or consideration be filed?
It should be filed at any time before the judgment of conviction becomes final. Q. What is the “fresh period rule” as enunciated in Neypes?
(Within 15 days from the promulgation of the judgment) In Neypes, the Court modified the rule in civil cases on the counting of the 15-
TN: This presupposes that the judgment is one of conviction. Hence, it is the accused and day period within which to appeal. The Court categorically set a fresh period of
not the prosecution which avails of the same. 15 days from a denial of a motion for reconsideration within which to appeal.

TN further: The award of new trial or taking of additional evidence rests upon the sound The "fresh period rule" shall also apply to Rule 40 governing appeals from the
discretion of the court. Once the appeal is perfected, the court a quo loses jurisdiction over Municipal Trial Courts to the Regional Trial Courts; Rule 42 on petitions for
it, except for the purpose of correcting clerical errors. In such case, the appellate court
review from the Regional Trial Courts to the Court of Appeals; Rule 43 on
steps in. When new material evidence has been discovered, the accused may file a motion
for new trial with the appellate court appeals from quasi-judicial agencies to the Court of Appeals and Rule 45
governing appeals by certiorari to the Supreme Court. The new rule aims to
MOTION FOR NEW TRIAL regiment or make the appeal period uniform, to be counted from receipt of the
order denying the motion for new trial, motion for reconsideration (whether
Q. What are the grounds for a new trial? full or partial) or any final order or resolution.
1. The errors of law have been committed during the trial
2. The irregularities prejudicial to the substantial rights of the RULE 122, 124, 125 – APPEALS
accused have been committed during the trial
3. That new and material evidence has been discovered. APPEAL
Q. What are the modes of review?
Q. What are the requisites for newly discovered evidence? The Rules of Court recognize four modes by which the decision or final order
1. The evidence was discovered after trial of the court may be reviewed by a higher tribunal:
2. Such evidence could not have been discovered and produced at 1. Ordinary Appeal
the trial even with the exercise of reasonable diligence 2. Petition for Review
3. It is new and material evidence, not merely cumulative, 3. Petition for Review on Certiorari
corroborative or impeaching 4. Automatic Appeal
4. The evidence is of such a weight that it would probably change the
judgment if admitted Q. What is appeal?
It is a proceeding for review by which the whole case is transferred to the higher
MOTION FOR RECONSIDERATION OF JUDGMENT court for a final determination. It is not an inherent right of a convicted person.
The right of appeal is statutory. Only final judgments and orders are appealable.
Q. What are the grounds for reconsideration of the judgment?
1. Errors of law in the judgment which requires no further proceedings Q. Is appeal a natural right?
2. Errors of fact which also requires no further proceedings (hearing of The right to appeal is not a natural right nor a part of due process, but merely
the motion is required) a statutory privilege and may be exercise only in the manner and in accordance
with the provisions of law.
Q. What is the form of the motions?
1. In writing Q. Who may appeal?
2. Filed in court Any party may appeal from a judgment or final order, unless the accused will
3. State the grounds on which it is based be placed in double jeopardy.
4. If the motion for new trial is based on newly discovered evidence, it
must be supported by the affidavits of the witness by whom such TN: “Any party” – the prosecution may appeal, provided the accused will not be placed in
evidence is expected to be given or duly authenticated copies of double jeopardy. Only the State, through the OSG has the sole right and authority.
documents which it is proposed to be introduced in evidence
Carino v. De Castro
TN: Notice of the motions for new trial or reconsideration shall be given to the prosecutor. The conformity of the Assistant City prosecutor is not sufficient as the rule
mandates that the appeal should be filed by the Solicitor General who is solely
Q: What are the effects of granting a new trial or reconsideration? vested with the authority to represent the People in the CA or SC.
In all cases, when the court grants a new trial or reconsideration, the original
judgment shall be set aside or vacated and a new judgment rendered Q. What is the effect of an appeal?
accordingly. An appeal in a criminal case opens the whole case for review and this includes
the review of penalty, indemnity, and the damages involved. Consequently, on
The effects would depend upon the ground availed of in granting the new trial: appeal, the appellate court may increase the penalty and indemnity of damages
awarded by the trial court although the offended party had not appealed from
1. Errors of law or irregularities committed during the trial said award, and the party who sought a review of the decision was the accused.
a. All proceedings and evidence not affected by such errors and
irregularities shall stand Q. What is the difference between the appeal of a judgment and the appeal of
b. Those affected shall be set aside and taken anew; and an order?
c. In the interest of justice, the court may allow the introduction of The appeal from a judgment must be perfected within 15 days from
additional evidence. promulgation. The appeal from an order should be perfected within 15 days
from notice of the final order.

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Note: In People v. Fernandez (G.R. No. 80481, June 27, 1990), the SC applied the benefit
Q. What is the subject matter for review on appeal?
of an acquittal handed down in an appeal to an accused who jumped bail or escaped.
GR: No error shall be considered by the appellate court unless stated in the
assignment of errors. Q. What is the period to apply for probation?
Must be made within the period for perfecting an appeal (within 15 days from
XPNs: the promulgation of judgment or from notice of the final order appealed from)
1. Error affects the jurisdiction of the court over the subject matter
2. The error affects the validity of the judgment appealed from Q. What are the rules anent stay of execution?
3. Error is closely related or dependent on an assigned error and properly Upon perfection of the appeal, the execution of the judgment or final order
argued in the brief appealed from shall be stayed as to the appealing party.
4. Error is a plain or clerical error
5. Appellate court finds that the consideration of errors not assigned on TN: The benefit of the stay of execution afforded to a co-accused who timely
appeal is necessary in arriving at a complete and just resolution of the files an appeal cannot be extended to those who failed to file the same.
case or to serve the interests of justice or to avoid piecemeal justice
Q. In what period shall the proceedings in the CA be completed?
Q. What is the rule on factual findings and credibility of witnesses? Within 3 months, unless extended by the Chief of Justice.
The trial court’s findings are accorded great respect and even conclusive effect
if duly supported by evidence. They even assume greater weight if affirmed by
the CA. DISMISSAL OF APPEAL BY THE CA
The credibility of witnesses is a function properly lodged with the trial Q. What are the grounds for the dismissal of an appeal?
court because of its unique opportunity to observe witnesses first hand 1. If appellant eludes the jurisdiction of the court over his person
and not their demeanor. 2. If the appellant fails to file his brief within the time prescribed by
XPN: If there is any indication that the trial court overlooked certain facts which would this Rule, except where he is represented by a counsel de oficio.
substantially affect the disposition of the case – SC will not hesitate to review the same. 3. If the appellant escapes from prison or confinement, jumps bail or
flees to a foreign country during the pendency of the appeal
WHERE TO APPEAL
Q. What is the rule if the opinion of the SC en banc is equally divided?
Q: When is appeal taken? The case shall again be deliberated upon. If no decision is reached after re-
An appeal must be filed within fifteen (15) days counted from the promulgation deliberation, the judgment of conviction shall be reversed and the accused
or notice of the judgment or order appealed from. acquitted.

Q. Where is the appeal taken? PROVISIONAL REMEDIES

1. To the RTC – in cases decided by the MTC, MTCC, MeTC, or MCTC
2. To the CA or to the SC – in the proper cases provided by law, in cases AVAILABILITY OF PROVISIONAL REMEDIES
decided by the RTC
3. To the SC – in cases decided by the CA Q. What is the nature of provisional remedies?
They are those to which parties may resort for the preservation or protection
Q. Where shall the notice of appeal be served? of their rights or interests and for no other purposes during the pendency of
Upon the adverse party or his counsel by personal service. (if not, by registered the action. They are applied to a pending litigation for the purpose of securing
mail or y substituted service) the judgment or preserving the status quo; and in some cases after judgment,
for the purpose of preserving or disposing of the subject matter.
Q. What is the rule on the transmission of the papers to the appellate court?
1. Within 5 days from the filing of the notice of appeal – the clerk of Q. What provisional remedies are available in criminal cases?
court with whom the notice of appeal was filed must transmit to the As far as applicable, provisional remedies under the Civil Procedure are
clerk of court of the appellate court, the complete record of the available (Sec. 1) such as:
case, together with the notice of appeal 1. Attachment
2. Preliminary Injunction
2. If the appellate court is the RTC – upon receipt, the clerk of court of 3. Receivership
the RTC shall notify the parties of such fact. 4. Delivery of personal property
5. Support Pendent lite
Q. May an appeal be withdrawn?
Yes, subject to the following rules: Q. How are provisional remedies availed in a criminal action?
If already perfected from the MTC to RTC – the appeal may be The criminal action must be one with a corresponding civil liability. If there is
withdrawn, as long as the record has not been transmitted to the RTC. civil liability, the civil action must be one arising from the offense charged and
which is deemed instituted in the said action.
TN: It is the MTC who approves the withdrawal

If withdrawal is sought when the case is already on appeal – RTC may Q. Is notice to the adverse party required before a writ of preliminary attachment
allow the appellant to withdraw his appeal, provided: may issue?
a. A motion to withdraw is filed No notice to the adverse party, or hearing on the application is required before
b. The motion is filed before the RTC renders judgment on the a writ of preliminary attachment may issue as a hearing would defeat the
appeal purpose of the provisional remedy. The time which such hearing would take
TN: It is the RTC who approves the withdrawal could be enough to enable the defendant to abscond or dispose of his property
before a writ of attachment may issue.
Q. Is the appeal mooted by the accused’s release on parole?
No. Parole refers to the conditional release of an offender from a correctional Note: The only requirements for the issuance of a writ of preliminary attachment are: the
affidavit and bond of the applicant
institution after he serves the minimum term of his prison sentence. Parole is
not one of the modes of totally extinguishing criminal liability.
Q. When is preliminary attachment available?
When the civil action is properly instituted in the criminal action and in the
EFFECT OF APPEAL BY ANY OF SEVERAL ACCUSED
following cases:
Q. What are the effects of appeal by any of the several accused? 1. When the accused is about to abscond from the Philippines
1. An appeal taken by one or more of several accused shall not affect 2. When the criminal action is based on a claim for money or property
those who did not appeal, except insofar as the judgment of the embezzled or fraudulently misapplied to the use of the accused who
appellate court is favorable and applicable to the latter is a public officer, attorney, clerk, etc.
3. When the accused has concealed, removed or disposed of his
2. The appeal of the offended party from the civil aspect shall not affect property or is about to do so
the criminal aspect of the judgment or order appealed from 4. When the accused resides outside the Philippines

3. Upon perfection of the appeal, the execution of the judgment or final

order appealed from shall be stayed as to the appealing party.

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