Criminal Procedure PPT PDF

The Revised Rules of Criminal Procedure  CRIMINAL PROCEDURE FLOWCHART * Commission of crime (felony) Filing of complaint...

The Revised Rules of Criminal Procedure  CRIMINAL PROCEDURE FLOWCHART * Commission of crime (felony) Filing of complaint Warrantless Arrest Preliminary Investigation of Inquest Proceedings of Prosecutor Prosecutor* Finding of probable Dismissal by Finding of probable cause by Prosecutor investigating cause by Prosecutor Prosecutor CRIMINAL PROCEDURE FLOWCHART Sent to Provincial City/Provincial/State Prosecutor or Ombudsman Approved Disapproved File Petition for Review with DOJ DOJ Approves finding DOJ does not find of probable cause probable cause Filing of information CPFC: Filing of information* Filing of Information Issuance of Dismissal by Warrant of Arrest Court or Commitment Order Issuance of Warrant of Arrest* Warrant of Arrest/Commitment Order Aggrieved party appeals against the order of issuance of warrant of arrest Appellate Appellate Court does not Court Found find probable Probable cause Cause AFFIRM ISSUANCE OF PETITION FOR PREVENTIVE WARRANT OF BAIL DETENTION ARREST CPFW: Arraignment ARRAIGNMENT PLEA OF PLEA OF NOT NOTGUILTY GUILTY OR Presentation of REFUSAL TO PLEA Evidence to Determine PRE-TRIAL Voluntariness of Plea and Degree of TRIAL Culpability JUDGEMENT JUDGEMENT* JUDGEMEN T CONVICTIO ACQUITAL N Motion for Final APPEAL MR/ MT FE A Reconsideration/ New Trial or and Criminal Procedure  The method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense, and their punishment, in case of conviction.  Procedural steps through which a criminal cases passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender.  Generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice. # Criminal Jurisdiction Subject Matter Determined by nature of the offense and penalty imposed Territory Where offense is committed Person of the accused a) Arrest b) Voluntary Surrender Criminal Actions: How instituted?  Filing of Complaint  For offenses where preliminary investigation is required ( filed with proper officer for the purpose of conducting the requisite preliminary investigation)  Filing the complaint or information  For all other offenses, by filing complaint or information directly with the Municipal Trial Courts or Municipal Circuit Trial Courts, or with the Office of the Prosecutor. In Manila and other chartered cities the complaint shall be filed with the Office of the Prosecutor, unless otherwise provided in their charters. Who may file the criminal action? A. Offended Party; B. Any Peace Officer; or Other public officer charged with the enforcement of the law violated. Crimes that cannot be prosecuted de officio  Concubinage and adultery (offended spouse)  Seduction, Abduction and Acts of Lasciviousness- exclusive and successive by: ▪ Offended woman ▪ Parents/ grandparents/legal or judicial guardians ▪ State- if the offended party dies or becomes incapacitated before she could file the complaint and she has no known parents, grandparents or guardians  Defamation imputing a person any of  PRELIMINARY INVESTIGATION  An inquiry or proceeding to determine whether there exists a sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent us probably guilty thereof and should be held for trial ;  Required before the filing of complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to fine;  Not required in case of valid warrantless arrest (shall proceed in inquest);  Nature of the right: Statutory, maybe waived unless granted by statute, it becomes a right and part of due process. PURPOSES OF PRELIMINARY INVESTIGATION To determine whether a crime has been committed and whether there is a probable cause to believe that the accused is guilty thereof To preserve the evidence and keep the witnesses within the control of the State; Determine the amount of bail, when the offenses is bailable ( Arula versus Espino, 23 SCRA 540) WHO MAY CONDUCT THE DETERMINATION OF THE EXISTENCE OF PROBABLE CAUSE Provincial or City Fiscal and their Assistants National and Regional State Prosecutors Such other offices as maybe authorized by law Procedure: (PRELIMARY INVESTIGATION) HOLD RESPONDENT FOR TRIAL Dismissa (w/Information and l or Counte Resolution) Complai Issuance r- Resol nt of Affidav ution Subpoen it a DISMISS Resolution by Investigating Prosecutor  He or authorized officer personally examined the complainant and witnesses;  There is reasonable ground to believe that a crime has been committed and the accused is probably guilty thereof;  The accused was informed of the complainant and the evidence against him; and  The accused was given an opportunity to submit controverting evidence.* Filing of Information COMPLAINT INFORMATION A sworn written statement An accusation in writing charging a person with an offense Subscribed by the Prosecutor executed and subscribed by Filed with the Court O.P.A.O (offended party, any peace officer, or other public officer charged with the enforcement of the law violated). May be filed in the prosecutors office or directly to the court Both are: In writing In the name of the People of the Philippines Directed against all persons who appear to be responsible for the offense involved. Notes:  For some offenses, there are conditions precedents before a plaintiff can repair to the courts for redress (i.e. those requiring mediation at the lupong tagapamayapa) however, non- compliance of this rule is not jurisdictional. The failure of the plaintiff to comply with the conciliation requirement of Section 40, LGC, does not affect the jurisdiction if no timely objection is made (San Miguel Village School School v. Pundogar, 173 SCRA 704, Bejar v. CA, 169 SCRA 566)  All criminal actions, whether commenced by filing of complaint or information, are under the direct control of the prosecutor.  Section 8., RULE 112 Records   Records of the preliminary investigation shall NOT automatically form part of the records of the case. Courts are not compelled to take judicial notice thereof. It must be introduced as an evidence.   Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure.   PROCEDURE TO BE FOLLOWED IN CASES WHICH DO NOT REQUIRE PRELIMINARY INVESTIGATION   Evaluate the evidence presented  Conduct searching questions or answers  Require the submission of additional evidence    For cases under the Revised Rules on Summary Procedure, no warrant shall be issued except where the accused fails to appear after being summoned.   If the complaint is filed with the prosecutor involving an offense punishable by imprisonment of less than 4 years, 2 months and 1 day, the procedure in Rule 112, Section 3 (a) shall be observed.   If the complaint is filed with the MTC, the same procedure under Rule 112, Section 3 (a) shall be observed. CASES NOT REQUIRING A PRELIMINARY INVESTIGATION  A.Cases in which the imposable penalty does not exceed 4 years, 2 months and 1 day (Prision Correccional in its maximum period)  Where the accused who has been lawfully arrested without a warrant has undergone inquest proceeding Remedies of the accused if there was no preliminary investigation  Refuse to enter a plea upon arraignment and object to further proceedings upon such grounds  Insist on a preliminary investigation  Raise the lack of preliminary investigation as an error on appeal  File a petition for certiorari  File petition for prohibition Complaint or Information is sufficient in form if it states: (NDANAP)  1. Name of the Accused  2. Designation of the offense given by the statute  3. Acts or omissions complained of as constituting the offense  4. Name of the offended party  5. Approximate date of the commission on the offense  6. Place where the offense was committed INQUEST  An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons lawfully arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Such proceedings must terminate within the period prescribed by law under Article 125 of the Revised Penal Code. Arrest, defined  The taking of a person in custody in order that he may be bound to answer for the commission of an offense (Section 1, Rule 113)  A restraint on person, depriving one of his own will and liberty, binding him to become obedient to the will of the law (Larrańaga v. CA 92 SCAD 105)  A warrant of arrest has NO expiry date. It remains valid until arrest is effected or warrant is lifted. REMEDY FOR WARRANTS IMPROPERLY ISSUED  Where a warrant of arrest was improperly issued, the proper remedy is a petition to quash it, NOT a petition for habeas corpus, since the court in the latter case may only order his release but not enjoin the further prosecution or the preliminary examination of the accused (Alimpoos vs. Court of Appeals, 106 SCRA 159).  Posting of bail does not bar one from questioning illegal arrest (Section 26, Rule 114, Rules of Court). MODES OF EFFECTING ARREST  By an actual restraint of the person to be arrested.  By his submission to the custody of the person making the arrest. Upon arrest, the following may be confiscated from the person arrested:  Objects subject of the offense or used or intended to be used in the commission of the crime;  Objects which are the fruits of the crime;  Those which might be used by the arrested person to commit violence or to escape;  Dangerous weapons and those which may be used as evidence in the case. WHEN THE WARRANT OF ARREST MAY ISSUE If the judge after examining the resolution of the prosecutor and its supporting evidence finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused has already been arrested pursuant to a  ARREST WITHOUT WARRANT, WHEN LAWFUL A peace officer or a private person may, without warrant, arrest a person:  1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;  2. When an offense has in fact just been committed, and he has probable cause to believe based on his own personal knowledge of facts and circumstances that the person to be arrested has committed the crime;  3. When the person to arrested is a prisoner who has ARREST WITHOUT WARRANT, WHEN LAWFUL 4. Where a person who has been lawfully arrested, escapes or is rescued; 5. When the bondsman arrests a prisoner out on bail for the purpose of bringing him to court;  If the arrest was effected without warrant, the arresting officer must comply with the provisions of Art. 125 of the RPC, otherwise, he may be held criminally liable for RULES ON ILLEGALITY OF ARREST  An accused who enters his plea of NOT guilty and participates in the trial waives the illegality of the arrest. Objection to the illegality must be raised before arraignment, otherwise it is deemed waived, as the accused, in this case, has voluntarily submitted himself to the jurisdiction of the court.  Illegality of warrantless arrest maybe cured by filing of an information in court and the subsequent issuance by the judge of a warrant of arrest.  Once a person has been duly charged in court, he may no longer question his detention by petition for habeas corpus, his remedy is to quash the information and/or the warrant of arrest. Time of making arrest.  Unlike a search warrant which must be served only in daytime, an arrest may be made on any day and at any time of the day or night, even on a Sunday. This is justified by the necessity of preserving the public peace. Method of arrest of officer by virtue of warrant  Under this rule, an arrest may be made even if the police officer is not in possession of the warrant of arrest (Mallari vs. Court of Appeals, 265 SCRA 456). Exhibition of the warrant prior to the arrest is not necessary. However, if after the arrest, the person arrested so requires, the warrant shall be shown to him as soon as practicable. Officer may summon assistance.  Onlyan officer making the arrest is governed by the rule. It does not cover a private individual making an arrest. Section 11, Rule 113, ROC: Right of officer to break into building or enclosure. 1.That the person to be arrested is or is reasonably believed to be in said building; 2.That he has announced his authority and purpose for entering therein; 3.That he has requested and been denied admittance.  Generally,a lawful arrest may be made anywhere, even on private property or in a house. This rule is applicable both where the arrest is under a warrant, and where there is valid warrantless arrest. Right to break out of the building or enclosure to effect release. A private person making an arrest CANNOT break in or out of a building or enclosure because only officers are allowed by law to do so. Arrest after escape or rescue.  Where a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the country. The pursuit must be immediate. Section 14. Right of Attorney or relative to visit person arrested.  RA 7438 defined certain rights of persons arrested, detained, or under custodial investigation, with the penalties for violations thereof. METHOD OF ARREST By an Officer with a Warrant By An Officer, without a Warrant By a private person Arrest with a warrant  The officer shall inform the person to be arrested of the :  1. CAUSE OF THE ARREST  2. FACT THAT WARRANT EXIST  Exception:  1. When he flees or forcibly resist before 1&2 is complete  2.When the giving of information will imperil the arrest By an Officer, without a warrant  The officer shall inform the person to be arrested of his authority and the cause of the arrest unless the latter is either:  1. Engaged in the commission of an offense;  2. Pursued immediately after its commission; or  3. Has escaped, flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest. By a Private Person  Heshall inform the person to be arrested of the intention to arrest him and the cause of the arrest unless the latter is either:  ---same with , without warrant REQUISITES OF A VALID WARRANT OF ARREST  Itshall be issued upon probable cause which must be personally determined by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce.  The warrant must particularly describe the person to be arrested in connection with a specific offense of DETERMINATION OF PROBABLE CAUSE  Assumes the existence of facts that would lead a reasonably discreet and prudent man to believe that a crime has been committed and that it was likely committed by a person sought to be arrested.  By Judge: For purposes of issuance of warrant of arrest.  By fiscal: For purposes of determining whether a criminal action should be brought against the respondent. TESTS IN DETERMINING LETHAL FORCE BY THE ARRESTING OFFICER  1. Test of Reasonability Conduct of arresting officer is examined  2.Test of Necessity Conduct of the person # arrested is examined BAIL  The security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by the rule (Sec. 1, Rule 114).  A person is in the custody of law when he has been either arrested or otherwise deprived of his freedom or when he has voluntarily submitted himself to the jurisdiction of the court by surrendering to the proper authorities.   All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law (Section 13, Article III, 1987 Constitution). Forms of Bail  corporate surety  property bond  cash deposit  recognizance  Recognizance - an obligation of record, entered into before some court or officer authorized to take it with a condition to do some particular act and the accused is often allowed to obligate himself to answer the charge. BAILBOND RECOGNIZANCE An obligation under An obligation of seal given by the record, entered into accused with one or before some court or more sureties, and magistrate duly made payable to the authorized to take it, proper officer with with the condition to the condition to be do some particular void upon act; performance by the accused of such acts as he may legally be Prosecution witnesses may also be required to post bail to ensure their appearance at the trial of the case where:  there is a substitution of information (Sec. 4, Rule110), and  where the court believes that a material witness may not appear at the trial (Sec. 14, Rule 119). Bail, a matter of right; exception.  beforeor after conviction in the lower courts; AND  before conviction by the RTC, EXCEPT when the imposable penalty is death, reclusion perpetua or life imprisonment and evidence of guilt is strong. Bail, when discretionary. – 1. Regardless of stage of the criminal prosecution, no bail shall be allowed if the accused is charged with a capital offense or an offense punishable by reclusion perpetua AND the evidence of guilt is strong (Sec. 7); 2. Before and after conviction by the MTC, Municipal Trial Court or MCTC, bail is a matter of right (Sec.4). 3. Before conviction by the RTC whether in the exercise of its original or appellate jurisdiction, bail is a matter of right. (Sec.4) 4. Upon conviction by the RTC of an offense not punishable by death, reclusion perpetua or life imprisonment, admission to bail is discretionary (Sec. 5); 5. After conviction by the RTC wherein a penalty of imprisonment exceeding 6 but not more than 20 years is imposed, and not one of the circumstances below is present and proved, bail is a matter of discretion (Sec.5).  Recidivism, quasi-recidivism or habitual delinquency or commission of crime aggravated by the circumstances of reiteration.  Previous escape from legal confinement, evasion of sentence or violation of the conditions of bail without valid justification.  Commission of the offense while on probation, parole or under conditional pardon  Circumstance of the accused or his case indicates the probability of flight if released on bail  Undue risk of commission of another crime by the accused during pendency of appeal.  After conviction by the RTC imposing a penalty of imprisonment exceeding 6 years but not more than 20 years and any of the circumstance enumerated above and other similar circumstance is present and proved, no bail shall be granted (Sec.5);  After judgment has become final unless accused applied for probation before commencing to serve sentence of penalty and offense within purview of probation law (Sec. 24). Capital Offense, defined.  Capital Offense – is an offense which, under the law existing at the time of its commission AND at the time of the application to be admitted to bail, may be punished with death. Capital Offense not bailable.  Capital offense or those punishable by reclusion perpetua, life imprisonment or death are NOT BAILABLE when evidence of guilt is strong.  EXCEPTION: If the accused charged with a capital offense is a minor. The burden of proving that the evidence of guilt is strong lies within the fence of the prosecution. (Comia vs. Antona, 337 SCRA 656)  Instances wherein the accused may be released on recognizance, without putting bail or on reduced bail: 1. Offense charged is violation of an ordinance, light felony or a criminal offense, the imposable penalty wherefore does not exceed 6 months of imprisonment and/or fine of P 2,000 under R.A.6036*. 2. Where the accused has applied for probation and before the same has been resolved but no bail was filed or the accused is incapable of filing one, in which case he may be released on recognizance 3. In case of a youthful offender held for physical or mental examination, trial or appeal, if unable to furnish bail and under the circumstances under PD 603, as amended ___________________ *An act providing that bail shall not, with certain exceptions, be required in cases of violations of municipal or city ordinances and in criminal offenses … ON REDUCED BAIL OR ON HIS OWN RECOGNIZANCE A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged, without application of the indeterminate sentence law or any modifying circumstance shall be released on reduced bail or on his own recognizance. Rule on Summary Procedure. Criminal Cases:  Violations of Traffic laws, rules and regulations  Violations of the rental law  Violations of municipal or city ordinances  All Criminal cases: wherein, imprisonment not exceeding 6 months ,or fine not exceeding 1000.00 UNDER THE REVISED RULES ON SUMMARY PROCEDURE General Rule: no bail Exception:  1. When a warrant of arrest is issued for failure to appear when required by the court  2. When the accused - is a recidivist; - is a fugitive from justice; - is charged with physical injuries - does not reside in the place where the violation of the law or ordinance is committed; or -has not reside in the place where the violation of the law or ordinance is committed; or -has no known residence Bail, where filed.  May be filed with the court where the case is pending, or in the absence or unavailability of the judge thereof, with another branch of the same court within the province or city.  Whenever the grant of bail is a matter of discretion, or the accused seeks to be released on recognizance,  the application therefor may be filed only in the particular court where the case is pending, whether for preliminary investigation, trial or appeal.  Any person in custody who is not yet charged in court may apply for bail with any court in the province, city or municipality where he is held. Release on bail Once the accused has been admitted to bail, he is entitled to immediate release from custody. An officer who fails or refuses to release him from detention notwithstanding the approval by the proper court of his bailbond, may be held liable under Article 126 of the Revised Penal Code for delaying release. Forfeiture of bail. Within 30 days from the failure of the accused to appear in person as required, the bondsmen must:  PRODUCE the body of their principal or give the reason for his non- production; AND  EXPLAIN why the accused did not appear before the court when first required to do so. Arrest of accused out on bail.  An accused released on bail may be re-arrested without a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending. No bail after final judgment; exception.  GENERAL RULE: The finality of the judgment terminates the criminal proceeding. Bail becomes of no avail. The judgment contemplated is a judgment of conviction. The judgment is final if the accused does not appeal the conviction. ▪ No bail shall be granted after judgment, if the case has become final even if continued confinement of the accused would be detrimental or dangerous to his health. The remedy would be to submit him to medical treatment or hospitalization.  EXCEPTION: If the accused applies for probation he may be allowed temporary liberty under his existing bail bond, or if no bail was filed, or is incapable of filing one, he may be released on recognizance to the custody of a responsible member of the community  Court supervision of detainees. Court supervision of detainees.  The employment of physical, psychological or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal facilities under subhuman conditions shall be dealt with by law (Section 19(2), Article III, 1987 Constitution). Bail not a bar to objection on illegal arrest, lack of or irregular preliminary investigation AN APPLICATION FOR OR ADMISSION TO BAIL SHALL NOT BAR THE ACCUSED:  from challenging the validity of his arrest OR  legality of the warrant issued therefore, OR  from assailing the regularity or questioning the absence of RIGHTS OF THE ACCUSED* TO BE PRESUME D TO BE INFORMED INNOCENT OF THE NATURE AND THE CAUSE Right to appeal OF THE ACCUSATION AGAINST HIM. TO BE PRESENT Right to speedy, RIGHTS AND DEFEND IN PERSON AND BY impartial and public trial OF THE COUNSEL ACCUSE D RIGHT TO CONFRONT AND RIGHT TO CROSS- EXAMINE COUNSEL THE WITNESSES AGAINST HIM AT TRIAL RIGHT TO TESTIFY AS AGAINST WITNESS IN SELF- HIS OWN INCRIMINATIO BEHALF N TO BE PRESUMED INNOCENT In all criminal prosecutions, the accused is presumed innocent until the contrary is proved beyond reasonable doubt.  Reasonable Doubt is that doubt engendered by an investigation of the whole proof and an inability, after such investigation, to let the mind rest easy upon the certainty of guilt. Absolute certainty of guilt is not demanded by the law to convict of any criminal charge but moral certainty is required, and this certainty is required as to every proposition of proof requisite to constitute the offense.   Equipoise rule – where the evidence of the parties in a criminal case are evenly balanced, the constitutional presumption of innocence should tilt in favor of the accused and must be acquitted. # TO BE INFORMED OF THE NATURE AND THE CAUSE OF THE ACCUSATION AGAINST HIM. An accused cannot be convicted of an offense unless it is clearly charged in the complaint or information. To convict him of an offense other than that charged in the complaint or information would be a violation of this constitutional right (People vs. Ortega, 276 SCRA 166).   When a person is charged in a complaint with a crime and the evidence does not show that he is guilty thereof, but does show that he is guilty of some other crime or a lesser offense, the court may sentence e him for the lesser offense, PROVIDED the lesser offense is a cognate offense and is included in the complaint with the court. # TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STAGE OF THE PROCEEDING  THE PRESENCE OF THE ACCUSED IS REQUIRED ONLY  During arraignment (Sec. 1b, rule 116)  Promulgation of judgment EXCEPT when the conviction is for a light offense, in which case, it may be pronounced in the presence of his counsel or a representative  When ordered by the court for purposes of identification EFFECTS OF WAIVER OF THE RIGHT TO APPEAR BY THE ACCUSED  waiver of the right to present evidence;  prosecution can present evidence if accused fails to appear;  the court can decide without accused’s evidence. TRIAL IN ABSENTIA TRIAL IN ABSENTIA  It is important to state that the provision of the Constitution authorizing the trial in absentia of the accused in case of his non- appearance AFTER ARRAIGNMENT despite due notice simply means that he thereby waives his right to meet the witnesses face to face among others. REQUIREMENTS FOR TRIAL IN ABSENTIA  accused has been arraigned  he has been duly notified of the trial  his failure to appear is unjustified# RIGHT TO COUNSEL  The right covers the period beginning from custodial investigation, well into the rendition of the judgment and even on appeal. (People vs. Serzo, Jr., 274 SCRA 553)  If during the investigation the assisting lawyer left, or come and go, the statement signed by the accused is still inadmissible because the lawyer should assist his client from the time the confessant answers the first question asked by the investigating officer until the signing of the extrajudicial confession. (People vs. Morial, 363 SCRA 96)  The duty of the court to appoint a counsel de oficio when the accused has no legal counsel of choice and desires to employ the services of one is MANDATORY only at the time of arraignment. (Sec. 6 Rule 116)  A denial of the defendant’s right to testify in his behalf would constitute an unjustifiable violation of his constitutional right. (People vs. Santiago, 46 Phil. 734)  If the accused testifies, he may be cross-examined but ONLY on matters covered by his direct examination, unlike an ordinary witness who can be cross-examined as to any matter stated in the direct examination or connected therewith (Section 6, Rule 132). His failure to testify is not taken against him but failure to produce evidence in his behalf is considered against him (U.S. vs. Bay, 97 Phil. 495).# RIGHT AGAINST SELF-INCRIMINATION  The accused is protected under this rule from questions which tend to incriminate him, that is, which may subject him to penal liability.  The right may be waived by the failure of the accused to invoke the privilege at the proper time, that is, AFTER the incriminating question is asked and before his answer; EXCEPTIONS: immunity statutes such as:  RA 1379 – Forfeiture of Illegally obtained wealth  RA 749 – Bribery and Graft cases.# RIGHT TO CONFRONT AND CROSS- EXAMINE THE WITNESSES AGAINST HIM AT TRIAL  Confrontation is the act of setting a witness face-to-face with the accused so that the latter may make any objection he has to the witness, and the witness may identify the accused, and this must take place in the presence of the court having jurisdiction to permit the privilege of cross-examination.   The main purpose of the right to confrontation is to secure the opportunity of cross-examination and the secondary purpose is to enable the judge to observe the demeanor of witnesses.# RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL  The right to a speedy trial is intended to avoid oppression and to prevent delay by imposing on the courts and on the prosecution an obligation to proceed with reasonable dispatch.  The courts, in determining whether the right of the accused to a speedy trial has been denied, should consider such facts as the length of the delay, the accused’s assertion or non-assertion of his right, and the prejudice to the accused resulting from the delay.  There is NO violation of the right where the delay is imputable to the accused. (Solis vs. Agloro, 64 SCRA 370)# RIGHT TO APPEAL ON ALL CASES ALLOWED BY LAW AND IN THE MANNER PRESCRIBED BY LAW. The right to appeal from a judgment of conviction is fundamentally of statutory origin. It is not a matter of absolute right, independently of constitutional or statutory provisions allowing such appeal.  WAIVER OF THE RIGHT TO APPEAL The right to appeal is personal to the accused and similarly to other rights of kindred nature, it may be waived either expressly or by implication. HOWEVER, where death penalty is imposed, such right cannot be waived as the review of the judgment by the COURT OF APPEALS is automatic and mandatory (A.M. NO. 00-5-03-SC).# THE SPEEDY TRIAL ACT OF 1998 (RA 8493)  DUTY OF THE COURT AFTER ARRAIGNMENT OF AN ACCUSED 1. Court SHALL order a pre-trial conference to consider the following: 2. plea bargaining; 3. stipulation of facts; 4. marking for identification of evidence of parties; 5. waiver of objections to admissibility of evidence; and 6. such other matter as will promote a fair and expeditious trial; TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES: TIME LIMIT FOR THE TRIAL OF CRIMINAL CASES:  SHALL NOT EXCEED 180 days from the first day of trial, HOWEVER, this rule is NOT ABSOLUTE, for the law provides for the following EXCEPTIONS:  those governed by the Rules on Summary Procedure; or  where the penalty prescribed by law DOES NOT EXCEED 6 months imprisonment or a fine of P1,000 or both;  those authorized by the Chief Justice of the SC;* WHEN SHALL TRIAL COMMENCE AFTER ARRAIGNMENT Within 30 days from arraignment, HOWEVER, it may be extended BUT only: 1.for 180 days for the first 12 calendar month period from the effectivity of the law; 2. 120 days for the second 12 month period; and 3. 80 days for the third 12 month period. Arraignment  Arraignment the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him.  PERIOD FOR ARRAIGNMENT OF THE ACCUSED Within 30 days from the filing of the information, or from the date the accused appealed before the justice/judge/court in which the charge is pending, whichever date last occurs. WHERE AND HOW MADE: Before the court where the complaint or information has been filed or assigned for trial;  in open court, by the judge or clerk by furnishing the accused a copy of the complaint or information with the list of the witnesses, reading it in a language or dialect known to him and asking him of his plea; RULES:  Trial in absentia is allowed only AFTER arraignment;  Judgment is generally void if the accused has not been arraigned;  There can be no arraignment in absentia (accused must personally enter his plea);  if the accused went to trial without arraignment, but his counsel had the opportunity to cross-examine the witness of the prosecution and after the prosecution he was arraigned the defect was cured;  If an information is amended MATERIALLY, arraignment on the amended information is MANDATORY, except if the amendment is only as to form;# Plea  Plea – the matter which the accused, on his arraignment, alleges in answer to the charge against him. PERIOD TO PLEA  When the accused is under preventive detention: his case shall be raffled and its records transmitted to the judge to whom the case was raffled within 3 days from the filing of the information or complaint and the accused arraigned within 10 days from the date of the raffle. The pre-trial conference of his case shall be held within 10 days after arraignment.  When the accused is NOT under preventive detention: unless a shorter period is provided by special law or Supreme Court circular, the arraignment shall be held within 30 days from the date the court acquires jurisdiction over the person of the accused. The time of the pendency of a motion to quash, or for bill of particulars, or other causes justifying suspension of the arraignment, shall be excluded in computing the period. WHEN SHOULD A PLEA OF NOT GUILTY BE ENTERED when the accused so pleaded  when he refuses to plead  where in admitting the act charged, he sets up matters of defense or with lawful justification  when he enters a conditional plea of guilt  where, after a plea of guilt, he introduces evidence of self-defense or other exculpatory circumstances  when the plea is indefinite or ambiguous Pre-trial; mandatory in criminal cases. Pre-trial is MANDATORY in all criminal cases.  The court shall after arraignment and within 30 days from the time the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for by special laws or circular of the Supreme Court, order a pre-trial.  MATTERS CONSIDERED IN PRE-TRIAL CONFERENCE plea bargaining; stipulation of facts; marking for identification of evidence of the parties; waiver of objections to admissibility of evidence; modification of the order of trial if the accused admits the charge but interposes a lawful defense; such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case. (Sections. 2 & 3, Circ. 38-98). REQUISITES BEFORE THE PRE-TRIAL AGREEMENT CAN BE USED AS EVIDENCE  they are reduced to writing  the pre-trial agreement is signed by the accused and his counsel. Plea bargaining The process whereby the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. * Trial  the examination before a competent tribunal according to the laws of the land, of the facts put in issue in a case for the purpose of determining such issue.   The trial shall commence within 30 days from receipt of the pre-trial order.   Section 2. Continuous trial until terminated; postponements.   CONTINUOUS TRIAL SYSTEM  Trial once commenced shall continue from day to day as far as practicable until terminated; but it may be postponed for a reasonable period of time for good cause.   LIMITATION OF THE TRIAL PERIOD  It shall in no case exceed 180 days from the first day of the trial, except as otherwise provided by the Supreme Court.  Requisites before a trial can be put-off on account of the absence of a witness:  that the witness is material and appears to the court to be so  that the party who applies has been guilty of no neglect  that the witnesses can be had at the time to which the trial is deferred and incidentally that no similar evidence could be obtained  that an affidavit showing the existence of the above circumstances must be filed.# JUDGMENT; DEFINITION AND FORM. JUDGMENT; DEFINITION AND FORM.  Judgment - the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition of the proper penalty and civil liability provided for by the law.  It is not necessary that the judge who tried the case be the same judicial officer to decide it. It is sufficient if he be apprised of the evidence already presented by a reading of the transcript of the testimonies already introduced, in the same manner as appellate courts review evidence on appeal. Contents of the judgment. Contents of the judgment.  Judgment must be in writing;  in the official language,  personally and directly prepared and signed by the judge,  with a concise statement of the fact and the law on which it is based.  Reasonable doubt - state of the case which, after full consideration of all evidence, leaves the mind of the judge in such a condition that he cannot say that he feels an abiding conviction, to a moral certainty, of the truth of the charge.  Acquittal – a finding of not guilty based on the merits, that is, the accused is acquitted because the evidence does not show that his guilt is beyond reasonable doubt, or a dismissal of the case after the prosecution has rested its case upon motion of the accused on the ground that the evidence fails to show beyond reasonable doubt that the accused is guilty.# GROUNDS FOR A NEW TRIAL IN CRIMINAL CASES:  GROUNDS FOR A NEW TRIAL IN CRIMINAL CASES:  errors of law or irregularities committed during the trial prejudicial to the substantial rights of the accused.  new and material evidence discovered. GROUNDS FOR RECONSIDERATION.  SECTION 3. GROUNDS FOR RECONSIDERATION.  Grounds of motion for reconsideration errors of law;  errors of fact in the judgment, which require no further proceedings. A motion for new trial or reconsideration should be filed with the trial court within 15 days from the promulgation of the judgment and interrupts the period for perfecting an appeal from the time of its filing until notice of the order overruling the motion shall have been served upon the accused or his counsel. New Trial Reopening of the case Filed after judgment is rendered made by the court before the but before the finality thereof judgment is rendered in the exercise of sound discretion At the instance or with the consent of the accused does not require the consent of the accused; may be at the instance of either party who can thereafter present additional evidence THANK YOU