Criminal Procedure Notes PDF

Name: Hasmin M. Amer Program Criminal Procedure Instructor: Atty. Sharifa Sittie Zehada M. Jali **BAIL (RULE 114)** **RIGHT OF THE ACCUSED (RULE115)** The accused have the right to confront and cross-examine the witness against him at the trial. (Accused vs. prosecutions' witness) Right to pro...

Name: Hasmin M. Amer Program Criminal Procedure Instructor: Atty. Sharifa Sittie Zehada M. Jali **BAIL (RULE 114)** **RIGHT OF THE ACCUSED (RULE115)** The accused have the right to confront and cross-examine the witness against him at the trial. (Accused vs. prosecutions' witness) Right to produce on his behalf To be presumed innocent until the contrary is proved beyond reasonable doubt. **Doctrine of Equipoise Rule:** In case of doubt, the doubt should always be resolved in favor of the accused. Should we always apply this rule? No, it will always be applicable if the evidence of the prosecution and the evidence of the accused have the same weight. Supreme Court upheld that It is better to set free the men who probably guilty of the crime charged than to convict innocent man for the crime he didn't commit. (**Entreta vs. People**) **To be informed of the nature and cause of the accusation against him.** As to the Complaint or information that he was informed by the cause and accusation of the crime and as to the Arraignment. What if the accused have no counsel? When we can request this right to have a counsel? From the beginning of the arrest or during the custodial investigations. **RIGHT OF CONFRONTATION AND CROSS-EXAMINATION.** This right cannot be denied. **Can this right be waived?** Yes, the accused will be asked if he would like to cross-examine the opposition side. You may say yes or no. The cross-examination of the witness shall be conducted on the same day in accordance to the one-day rule. **RIGHT TO SPEEDY TRIAL.** If the delay is under circumstances of Pandemic is not constitute a violation of right to speedy trial. If the accused have a fault to the delay of the proceeding, that is not constitute a violation of right to speedy trial. Dismissal of the case due to the violation of right to speedy trial is still under the sound discretion of the judge. **RIGHT AGAINST SELF-INCRIMINATION.** Is only extended to **testimonial compulsion** If the accused get a sample from his mouth, to determine where or not he is positive of drugs = **Not Violation** Right against Self-Incrimination. If the accused was invited to the police station and asked to wear the shoes that was left in the crime scene = **Not Violation** Right against Self-Incrimination. If the accused was locked in a room and tortured to say something = **Violation** Right against Self-Incrimination. **Reenactment = Not Violation** Right against Self-Incrimination. If the accused was force to do reenactment **= Violation** Right against Self-Incrimination. **TIPS: Memorize the right of the accused.** **What is Arraignment and plea? (RULE 116)** Should it be made in open court or the judge chamber? It should be made in an open court, which means it must be done in public The accused will not be force for an arraignment, the accused is not ready for an arraignment, and then the counsel may request to arraign the accused on the next hearing. Why this happened? Because sometimes the accused and the lawyer have just met during the trial, thus there's no yet strategies established. The arraignment must be read by the judge, the clerk of court or the interpreter. The reading of complaint or information must be in the same in the language (English) or dialect known to the accused. **What is the effect if the accused was absent during arraignment?** There will be no trial because there's no accused has been identified during arraignment. The trail will be postponed. **TIMELINE:** Arraignment - Pre-trial - Trial - Judgment -- post-judgment remedies (Appeal/ Motion for new trial/ motion for reconsideration) **In case of the absence of the offended party, what will happen?** Even in the absence of offended party, the arraignment may still be proceed, provided in the presence of the judge and prosecutor, because the offended party is no longer a party in criminal action, it is already the state. **Before the arraignment if there are any irregularities of the complaint or information, what will be the remedies?** Motion on bill of particulars Motion to quash Motion to suspend the arraignment Question the validity of his arrest/ legality of their warrant. 1. After the arraignment, the accused may no longer avail these remedies. (Waiver) The remedies of the accused before taking the arraignment, he may file a motion on bill of particulars. Bill of particulars, if the allegation is so general, the accused may file motion on bill of particulars because he wanted to ask the specificity of the statement, a detailed statement to clarify the claims or charge. **Ex.** In the year 2023-2024 the accused committed estafa, the accused may ask, what specific date? Where did I receive check? **When the plea of not guilty may enter by the court?** 1. When the accused pleads 'not guilty' to the offense charge; 2. When he refuses to make a plea 3. When he makes a conditional plea of guilty 4. When the accused plead guilty but present exculpatory evidence such as self-defense. (I am guilty but I acted as self-defense) 5. When the accused make improvident plea of guilty (a plea of the guilty on the capital offense but he does know the consequences of his plea of guilty, this is the reason why prosecutor is required to conduct searching inquiry? A plea of guilty to the lesser offense is allowed only when there's consent of the court and prosecutor? What are the requisite of plea of guilty to the lesser offense? - If the lesser of offense is necessarily included to the offense charged **Ex.** Murder to Homicide/ Serious physical injuries to less serious physical injuries - When there's consent of the court and prosecutor **What is Plea bargaining?** It is mutual workout of the prosecutor and the accused through the counsel, they will exchange offers. Plea bargaining is not constitutional right because the prosecutor may deny the offer and it is not enumerated in the constitution. **Is Plea bargaining allowed in RA 9165 (Comprehensive Dangerous Dug Act)?** No, it is generally not allowed particularly involving drug distribution as specified in section 5 of RA 9165. However, the Supreme court has ruled the plea bargaining can concur for lesser offense involving possession of dangerous drug of a small quantities of drugs (0.01 to 0.99 grams) under specific condition, including the prosecutor consent and court approval. (Estipona v. Lobrigo) **Before the accused may plea for capital offense, what are the duties of the Court?** 1. The court shall conduct a searching inquiry into the voluntariness and full comprehension of the consequences of his plea 2. The court shall require the prosecution to prove his guilt and the precise degree of culpability. 3. The court to inquire whether or not the accused wishes to present evidence in his behalf. - Guidelines when the accused plead guilty on the capital offense (People v. Pagal) when the prosecution failed to provide such evidence, leading to his acquittal by Supreme Court. **When the arraignment may be suspended?** 1. The accused appears to be suffering from an unsound mental condition 2. There exists a prejudicial question (will wait till render of judgment of civil case) 3. A petition for review of the resolution of the prosecutor is pending **MOTION TO QUASH (RULE 117)** The motion to quash must be filed before entering plea Motion to quash is similar to motion to dismissed (Civil case) **What are the grounds of Motion to Quash? (17 mins)** 1. That the facts charged do not constitute an offense; 2. That the court trying the case has no jurisdiction over the offense charged; 3. That the court trying the case has no jurisdiction over the person of the accused; 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; 6. That more than one offense is charged except when a single punishment for various offenses is prescribed by law; 7. That the criminal action or liability has been extinguished; 8. That it contains averments which, if true, would constitute a legal excuse or justification; and 9. That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent. (3a) **MOTION TO QUASH (Court has no jurisdiction over the offense charged)** Ejectment cases are typically filed in Municipal Trial Court involve forcible entry and unlawful detainer, but if the case file before the RTC, then the accused may file Motion to dismiss (Civil Case) Alarm and scandals are typically should be filed in Municipal Trial Court but was filed before RTC, then the accused may file Motion to Quash (Criminal Case) **MOTION TO QUASH (That the criminal action or liability has been extinguished)** Husband who engaged in concubinage and wife file for affidavit of Desistance, criminal action has already been extinguished. **MOTION TO QUASH (Double Jeopardy)** Double jeopardy applies exclusively to criminal cases, preventing an individual from being tried twice for the same crime after acquittal or conviction. **MOTION TO QUASH (That the officer who filed the information had no authority to do so)** Prosecutors have the authority to file an information in court, which is essential for initiating criminal proceedings. **MOTION TO QUASH (That more than one offense is charged except composite crimes or complex crimes)** In the course of crimes, other crimes has been committed, If the accused have no intention to commit two crimes. **MOTION TO QUASH (That it contains averments which, if true, would constitute a legal excuse or justification)** **MOTION TO QUASH (That the facts charged do not constitute an offense)** The court would not immediately quash the information on the ground that the facts charged do not constitute an offense. Court may order the prosecutor to amend the information however, if the prosecutor did not amend the information, the court may quash the information. The motion to quash should be raised before the arraignment but there are four exceptions. They can move the motion even after the arraignment. 1. That the facts charged do not constitute an offense 2. Lack of jurisdiction over the offense charged 3. Extinction of criminal or liability 4. Double Jeopardy The Motion to quash should be done in writing. Written Motion to quash signed by the counsel and received by the prosecutor. Evidence of Demurrer and Motion to quash have same effect on dismissal of the case. The motion to quash should be filed before the arraignment, while the evidence of demurrer should be filed after the prosecution rest its case. If the Motion to quash is granted, the court may order the refilling of the case, while if the evidence of demurrer is granted it will lead to acquittal. The case can no longer refiled because it would leads to violation of double jeopardy. The Motion to quash have 9 grounds while evidence of demurrer is on the ground of insufficiency of evidence. 5 Requisites for the First Jeopardy to attach 1. Valid indictment 2. Before the competent Courts/ jurisdiction 3. The arraignment 4. A valid plea entered. 5. The accused has been convicted or acquitted, or the case dismissed or otherwise validly terminated without his express consent In double jeopardy, the termination is without the consent of the accused, the case will be dismissed in provisional dismissal. Provisional dismissal is with the consent of the accused, prejudice to its being rectified or revived The rule in provisional dismissal, the case must be express consent of the accused and with notice to the offended party. The case may be refilled or revive because it was just only provisionally dismissed. **Example:** The absence of the material witness for the very long time, but despite of diligent effort to search for this witness, thus leads to more than 180 days, the court may be dismissed the case provisionally with the consent of the accused. (Note: Trial should be lasted only 180 days) There are two instances, wherein the provisionally dismissed would leads to permanently dismissal. 1. One year after the issuance of the order without the case having been revived for offenses punishable by imprisonment not exceeding 6 years, or by fine of any amount or by both (Theft not revived after one year) 2. Two years after issuance of the order without the case having been revved offense punishable by imprisonment of more than 6 years. **Pre-Trial Agreement (RULE 118)** Pre-TrialOrder Plea bargaining Stipulation of facts (Ex. The crimes committed within college of law, the name of defendant is JohnDew) 17 Marking of evidence, the evidence that are failed to mark during pre-trial is inadmissible as evidence for the trial. (This book stolen is Annex 1, signature will be marked as Annex C) Defendant letters/ prosecution number. Waiver of objection Inadmissibility of evidence (Ex. Done with arraignment but failed to question the legality of the arrest. Reservation Pre-trial brief is a guide for your pre-trial. You may write to your pro-trial brief that "All other evidence which may be necessary in the course of trial are hereby reserved" (Future screenshots, testimony of the witness) (Civil Case) After pre-trial the court may order a pre-trial order within the 5 days During the Pre-trial, the presence of the accused and the counsel are important, in absence of accused and prosecution there will be no pre-trial. **Pre-Trial Agreement** All agreement or admission made during the pre-trial conference shall be reduced in writing; signed by the accused and counsel, otherwise they cannot be used against the accused. Pre-trial between civil case and criminal case **Civil Case** **Criminal Case** ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (Complaint-answer) (Complaint -- Counter affidavit) Preceded by the notice of pre-trial issued by the branch clerk of court within 5 calendar days on the last responsive pleadings (answer) has been served and filed. In case of non-appearance sanction must be imposed upon the non-appearing party. Order by the court, no motion to set pre-trial is required from any party. Pre-trial is order by the court after the arraignment within 30 days from the acquired jurisdiction over the person of the accused. After the filed of the answer, the pre-trial shall be arranged by the court After arraignment, the pre-trial shall be arranged by the court. Pre-trial brief is required Pre-trial brief is not required After the pre-trial before the trial, there shall be judicial dispute resolution. **Judicial Dispute Resolution (JDR)** The court may try to amicable settle the party, but not all the criminal case may be settled amicably. **Specific cases that can be settled amicably.** 1. Civil aspect of BP 22 2. Quasi-offenses 3. Reckless or simple imprudence 4. Negligence resulting to less slight of physical injuries. 5. Imprudence resulting to damage of property. 6. Estafa, libel/ theft After judicial dispute resolution, if the party despite the intervention of the court to try settle amicably, then the case may proceed to trial. Trial is governed by the rules on **Revised Guidelines on Continuous** trial of criminal cases. (MTC/ RTC but not applicable on summary procedure because in summary procedure there is no trial and only submission of position paper/memorandum. Ex. Retal Law/ejectment case/forcible entry/) **Following Motions are prohibited to file before the scheduled arraignment.** 1. Motion for Judicial determination of probable case 2. Motion for Preliminary Investigations (when it filed beyond 5-day reglementary periods in inquest proceedings) 3. Motion for Reinvestigation 4. Motion to quash information when the grounds is not one of those stated in rule 117 5. Motion for Bill of particulars that does not conform to Rule 116 6. Petition to suspend criminal action om the prejudicial questions, when no civil case has been filed in rule 111. 7. Motion to postponement except based on acts of God/force majeure/physical inability of the witness to appear and testify. **Meritorious Motion** 1. Motion to withdraw information, or to downgrade the charge in the original information, or to exclude an accused originally charged therein, filed by the prosecution as a result of reinvestigation. 2. Motion to Quash Warrant of Arrest/ Search warrant 3. Motion to suspend arraignment on the ground of unsound mental condition. 4. Motion to suspend on the ground of prejudicial questions, when civil case has been filed. 5. Motion to Quash the 4 exceptions 6. Motion to discharge of the accused to become a state witness. 7. Motion to dismiss on the ground of criminal case is Strategic Lawsuit against Public Participation - When an accused becomes as state witness it is tantamount to acquittal. **Requisites for discharge of accused to become a state witness.** 1. Two or more person are jointly charged. 2. The accused does not appear to be the most guilty **Consolidation of criminal cases** Consolidation of criminal cases, when offenses involving same facts or forming part of a series of offenses of similar character, may be tried jointly at the court's discretion. Court may expedite the proceeding through consolidation of criminal cases. **One day Examination of Witness Rule** The court shall strictly adhere to the rule that a witness has to be fully examined in one day. (Prosecution conduct direct examination over his own witness) 1. Direct Examination 2. Cross-examination occurs when opposing party question the same witness limited raised during direct examination **Order of the Trial** Prosecution will present first followed by the accused, but if the accused interposes a lawful justification in criminal case such as Self-defense, then the accused may be given opportunity to present before the prosecution. **Trial in Absentia is allowed** 1. Accused has been arraigned 2. He was duly notified of trial 3. His failure to appear is unjustified. Purpose: To expedite the disposition of cases. **The presence of the accused is required.** 1. During arraignment 2. During his testimony or identification of his evidence 3. Promulgation of judgment/sentence **Formal offer of evidence** List of evidence submitted by prosecution that he has presented during the trial, it is written document signed by the counsel. Once the prosecution already had formal offer of evidence this means, he already rested its case. If the evidence presented by the prosecution is insufficient to convict the accused. The remedy of the accused may file demurrer of evidence. **Demurrer of Evidence** +-----------------------------------+-----------------------------------+ | **With leave of Court (w/ | **Without leave of court (w/o | | permission)** | permission)** Directly submitted | | | the demurrer | | Motion of leave of court (first) | | +===================================+===================================+ | Accused may file first Motion of | Accused directly file the | | leave of court | demurrer without motion | +-----------------------------------+-----------------------------------+ | **Denied:** When the demurrer of | **Denied:** When the demurrer of | | evidence is denied, the accused | evidence is denied, the accused | | may proceed in presenting his | waives his right to present | | evidence until the promulgation | evidence | | of judgement. | | +-----------------------------------+-----------------------------------+ | **Granted:** When the demurrer of | | | evidence is granted, it would | | | lead to acquittal of the accused. | | +-----------------------------------+-----------------------------------+ The remedy of the accused if demurrer is denied. 1. Appeal 2. Reconsideration 3. New trial +-----------------------+-----------------------+-----------------------+ | | **Civil Cases** | **Criminal Cases** | +=======================+=======================+=======================+ | Premises | Failure of plaintiff | Insufficiency of | | | to show that he is | evidence | | | entitled to relief | | +-----------------------+-----------------------+-----------------------+ | Leave of Court | Requires no leave of | May be filed with or | | | court | without leave of | | | | court | +-----------------------+-----------------------+-----------------------+ | Right to present | Denial of demurrer | Accused may lose his | | evidence | does not make the | right to present | | | | evidence if he filed | | | defendant lose his | the demurrer without | | | right to present | leave of Court | | | evidence | | +-----------------------+-----------------------+-----------------------+ | Appeal | Grant of demurrer | No appeal is allowed | | | entitles plaintiff to | because the grant is | | | appeal | tantamount to | | | | acquittal. | | | and if dismissal is | | | | reversed, the | | | | defendant is | | | | | | | | deemed to have waived | | | | his right to present | | | | | | | | evidence | | +-----------------------+-----------------------+-----------------------+ | Motu Proprio | Cannot be done by | Court may on its own | | | court motu proprio | initiative | | | | | | | | dismiss the action | | | | after giving | | | | | | | | prosecution an | | | | opportunity to be | | | | heard | +-----------------------+-----------------------+-----------------------+ **State Witness** 1. Two or more persons are jointly charged with the commission of any offense. 2. The prosecution files the motion before Resting its case 3. The prosecution is required to present evidence and the sworn statement of each proposed state witness at a Hearing in support of the discharge. 4. The accused gives its consent to become the state witness 5. The court is Satisfied that the conditions required by the Rules are present. 6. Absolute necessity for the testimony of the accused 7. There is no other direct evidence available except the testimony of the said accused. 8. The testimony can be substantially Corroborated in its material points 9. The accused does not appear to be the Most guilty 10. The accused has not, at any time, been convicted of any offense involving Moral turpitude (Murder, rape, robbery) **Effect:** Discharge operates as an acquittal and a bar to further prosecution for the same offense. **JUDGEMENT (RULE 120)** Judgment is the adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any The judgment will be promulgated by reading in the presence of the accused and in any judge of the court where it was rendered. If there's a slight doubt, the accused will be acquitted, but when the evidence is strong then the accused can be convicted. Chain of Custody means the duly recorded authorized movements and custody of seized drugs. **Absence during promulgation of judgment** **Effect:** He will lose all his right to remedies unless he can prove that his absence was for justiciable cause within 15 days from the date. **Finality of Judgment v. Entry of judgments** 1. **Finality of Judgment** -- After the lapse of the appeal period (15 days) or when he file for probation. 2. **Entry of judgments** -- formal recording of the court's decision in the official records. **POST JUDGMENT REMEDIES** 1. **Motion for Reconsideration** 2. Motion for New Trial 3. Appeal Motion for Reconsideration and Motion for New Trial can may be filed at any time before the judgment of conviction becomes final within 15 days from promulgation. **Grounds for New Trial** - Errors of law or irregularities prejudicial to the substantial rights of the accused have been committed during the trial - New and material evidence discovered which the accused could not, with reasonable diligence, have discovered and produced at the trial and which, if introduced and admitted, would probably change the judgment **Grounds for Reconsideration** The court who rendered the decision shall grant reconsideration on the ground of errors of law or fact in the judgment, which requires no further proceedings. When the reconsideration was denied, then it will lead to Appeal, but you can directly file for appeal even without the motion to reconsideration. **APPEAL (RULE 122)** Any party may appeal from a judgment or final order unless the accused may be placed in double jeopardy. Appeal may be taken within 15 days from the promulgation of the judgment, or 15 days from the denial of motion for reconsideration or motion for new trial. If decided by the MTC, it will be appeal to RTC, Court of Appeal and supreme court.