Bail - is a security given for the
release of the person under custody of
law, furnished by him or bondsman, to
guarantee his appearance before any
court as required under the conditions
specified.
Conditions:
G. To have compulsory process
issued to secure attendance of
witness and production of other
evidences.
H. To have a speedy, impartial and
public trial,
I.
1. Effectivity effective upon
approval unless cancelled.
To appeal in all cases allowed
and in manner prescribed by
law.
2. Appearance
Accused
Ordinary Witness
3. Trial in Abestia failure to
appear
without
justification
shall be deemed to have waived
his rights to be present.
Can
refuse
to
either take the
stand or answer
the question.
Can be compelled
to take the stand
and
can
only
object when the
incriminating
question is asked.
4. Duty of the bondsman shall
surrender the accused to the
court for execution.
5. Original Papers
Arraignment and Plea
Rights of the Accused
A. Presumed
innocent
until
contrary is provided beyond
reasonable doubt.
B. To be informed of the nature
and cause of the accusation
against him.
C. Present and defend in person
and by counsel.
D. To testify as a witness in his own
behalf.
E. To
exempt
from
compelled to be a
against himself.
being
witness
F. To confront and cross-examine
the witnesses against him.
ARRAIGNMENT - is a formal mode of
implementing the constitutional right
of the accused to be informed of the
nature of the accusation against him.
Two parts:
1. Providing
a
copy
info/complaint.
2. Reading the Info/complaint.
of
There can be no arraignment in
absentia. The accused must be
present and must personally
enter his plea.
Period to Plea:
A. If under Preventive Detention
Within 10 days from the date
of raffle.
B. If
NOT
Detention
-
under
Preventive
f.
Within 30 days from filing of
info.
PLEA - is a matter which the accused
on his arraignment alleges in answer
to the charges against him.
PLEA BARGAIN when the accused
is allowed to plead guilty to a lesser
Offense which is necessarily included
in the offense charged.
BILL OF PARTICULARS the remedy
to protect the accused from vague and
indefinite
allegations
in
the
complaint/info.
Grounds
for
Arraignment:
e. It
does
not
conform
substantially to the prescribed
form.
Suspension
of
1. Unsound mental condition.
2. Prejudicial question.
3. Petition for review is pending.
Motion to Quash
That more than one offense
charged.
g. Liability has extinguished.
h. That it contains averments.
i.
The
accused
has
been
previously
convicted
or
acquitted
of
the
offense
charged.
Pre-Trial
Consider the ff:
a. Plea bargain
b. Stipulation of facts
c. Marking for identification
evidence of parties.
of
d. Waiver
of
objections
admissibility of evidence.
to
e. Modification of the order of trial
f.
Grounds:
Such matter as will promote a
fair and expeditious trial of the
criminal and civil aspects of the
case.
a. The fact does not constitute a
crime.
b. The court has no jurisdiction
over the offense.
c. The court has no jurisdiction
over the person.
d. The officer has no authority.
Trial
After a plea of not guilty is entered,
the accused shall have at least 15
days to prepare for trial. The trial shall
commence within 30 days from the
receipt of the pre-trial order.
Continuous
terminated.
trial
until
Not exceed 180 days from the
first day of trial, except
authorized the SC.
Without leave of court waives his
right to present evidence.
The motion for leave of court to
file demurrer of evidence shall
specifically state its grounds
and shall be filed within NONextendible period of 5 days
after the prosecution rest its
case. The prosecution may
oppose the motion within a nonextendible period of 5 days.
If leave of court is granted, the
accused shall file the demurrer
to
evidence
within
nonextendible period of 10 days
from notice. May oppose within
the same period.
Exclusions:
a. Any period of delay
1. An
examination
of
the
physical
and
mental
condition of the accused.
2. Delay in other proceeding.
3. Extraordinary
remedies
against interlocutory orders.
4. Delay
from
pre-trial
proceeding, not exceed 30
days.
5. Inhibition/change of venue.
6. Prejudicial question.
7. Any period not exceeding 30
days.
b. Absence or unavailability of an
essential witness.
c. Mental incompetence/physical
inability of accused to stand on
trial.
Judgment
Contents:
Conviction
1. Legal
qualification
of
the
offense constituted by the acts
committed by the accused and
the aggravating or mitigating
circumstances.
d. Dismissed upon motion of the
prosecution.
2. The
participation
whether
principal,
accomplice,
or
accessory.
e. Reasonable period of delay.
3. Penalty
4. Civil
liability
caused.
or
damages
Acquittal
Demurrer to Evidence:
Denies with leave of court adduce
his evidence.
State whether the evidence absolutely
failed to prove the guilt
Charged and Proof
Homicide was charged and what was
proven was Murder in accordance with
proof.
