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San Beda College of Law 135
MEMORY A AID
IN REMEDIAL LAW
CRIMINAL PROCEDURE Criminal Jurisdiction – pow power of the the State to try and punish a person for a violation of its penal laws. REQUISITES FOR A VALID EERCISE OF CRIMINAL JURISDICTION! 1. The offense, by virtue tue of the imposable penalty OR its nature, is one which the court is by law author authorize ized d to take take coniz conizanc ance e of, !"urisdiction over the S#$%&'T ()TT&R*. +. The offense must have been committed comm itted within within its territoria territoriall "urisd "urisdict iction ion,, !"uris !"urisdic dictio tion n over over the T&RRTOR-*. . The pers erson chared with the offense must have been brouht to its presence for trial, forcibly by warrant of arrest or upon his volu volunt ntar aryy subm submis issi sion on to the the cour court, t, !"ur !"uris isdi dict ctio ion n over over the the /&RSO0 O T2& )''#S&3*. JURISDICTION OVER T"E SU#JECT MATTER
JURISDICTION OVER T"E PERSON OF T"E ACCUSED
3erived from the law. t can never be ac4uired solely by consent of the accused. Ob"ection that the court has no "urisdiction of the sub"ect matter may be made at any stae of the proceedin, and the riht to make such ob"ection is never waived.
(ay be ac4uired by consent of the accused or by waiver of ob"ections.
DETERMINATION JURISDICTION!
f he fails to make his ob"ection in time, he will be deemed to have waived it.
2.
3eterm 3etermine ined d by the law in force force at the time of the institution of the criminal action. O0'& 6&ST&3, T ')00OT $& 7T23R)70 $-8 a* subs subse4 e4ue uent nt vali valid d amend amendme ment nt of the information9 or b* a subse4uent statutory amendm amendment ent of the rules of "uri "urisd sdic icti tion on,, #0:& #0:&SS SS the the amen am enda dato tory ry law law prov provid ides es otherwise.
RULE $$% PROSECUTION OF OFFENSES S&ct S&ctio ion n $' actions'
Inst Instit itut utio ion n
o(
crim crimin inal al
For o((& o((&ns ns&s &s )*&r )*&r& & a +r&l +r&lim imin inar ar, , in-&sti.ation is r&/uir&d ; by filin the complaint with the proper officer for the purp purpos ose e of cond conduc ucti tin n the the re4u re4uis isit ite e preliminary investiation.
/reliminary investiation is R&. file file crim crimin inal al acti action on aain aainst st the prosecutor with the corres correspon pondin din civil civil action action for damaes. Ma, Ma, In1u In1unc ncti tion on Iss Issu& to R&str &stra ain Criminal Pros&cution2 'riminal prosecutio prosecutions ns 3ENERAL 3ENERAL RULE! RULE! 'riminal mayy 0OT ma 0OT be rest restra rain ined ed or stay stayed ed by in"u in"unc ncti tion on,, preli prelimi mina nary ry or fina final. l. The The reason reason bein, bein, public public intere interest st re4uir re4uires es that that crim crimin inal al acts acts be imme immedi diat atel elyy inve invest sti iat ated ed and and pros prosec ecut uted ed for for the the protec protectio tion n of the society society !Domingo Domingo vs. Sandiganbayan, 322 SCRA 655 *. ECEPTIONS! 1. To affo afford rd ade4u ade4uate ate prote protecti ction on to the the constitutional rihts of the accused9 +. 7hen neces ecesssary for the orderly erly administration of "ustice or to avoid oppression or multiplicity of actions9 . 7hen 7hen there there is a pre" pre"ud udic icia iall 4uesti 4uestion on which is sub"udice9 =. 7hen the acts of the officer are without or in e?cess of authority9 >. 7hen 7hen the the pros prosec ecut utio ion n is unde underr an invalid law, ordinance ordinance or reulation9 @. 7hen double ble "eop eopardy ardy is clearly apparent9 A. 7hen 7hen the the court court had had no "uris "urisdi dict ctio ion n over the offense9 B. 7hen it is a case of persecu ecution rather than prosecution9 C. 7hen 7hen the char chare ess are manif anifes estl tlyy fals false e and and mo moti tiva vate ted d by lust lust for for veneance9 and 1D. 7hen there there is clearly clearly no prima prima facie facie cas case aa aains inst the the accu accuse sed d and and a
IN REMEDIAL LAW
motion to 4uash on that round has been denied. S&ctio S&ction n 4' Form Form o( t*& com+laint com+laint or in(ormation' FORM 1. n wr writin9 +. n the the nam name e of the the /eop /eople le of of the the /hilippines9 /hilippines9 and . )ai )ains nstt all all pers person onss who who appe appear ar to be responsible for the offense involved. S&ction 5' Com+laint d&(in&d'
) Com+laint is8 1. a swor sworn n writ writte ten n stat statem emen ent9 t9 +. charin a person with an offense9 . subscribed by the offended party, any peace officer or other public officer chared with the enforcement of the law violated. The complaint mentioned in this section refe refers rs to one one file filed d in cour courtt for for the the commencement of a criminal pros prosec ecut utio ion n for for viol violat atio ion n of a crim crime, e, usually usually coniz conizabl able e by munici municipal pal trial trial courts as well as to a complaint filed by an offended party in private crimes or those those which which cannot cannot be prosec prosecute uted d de officio. REQUISITES OF A COMPLAINT! 1. it mus mustt be in writ writin in and and unde underr oath9 +. it must be in the the name of the the /eople of the /hilippines9 . it mus mustt char chare e a pers person on wit with h an offense9 and =. it must be subsc bscribed by the offen offended ded party party,, by any any peace peace officer or public officer chared with the enforcement of the law violated. PERSONS 6"O CAN FILE A COMPLAINT 1. Offe Offend nded ed par party ty +. )ny )ny pea peace ce offi office cerr . Other Other publ public ic off office icerr char chared ed with with the enf enforce orceme ment nt of the the law law violated
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae C#arissi$ae %en!"ra, %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"reProce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 136
MEMORY A AID R&m&di&s o( t*& o((&nd&d +art, i( t*& +ros&cutor r&(us&s to (il& an in(ormation! 1. file file an acti action on for for manda mandamu mus, s, in case of rave abuse of discretion9 +. lod lode e a new comp compla laiint befo efore the court havin "urisdiction over the offense9 . take up the matter with the Secretary of %ustice in accordance with the Rev. )dministrative 'ode9 =. institute an administrative chares aainst the errin prosecutor9 and >. file file crim crimin inal al acti action on aain aainst st the prosecutor with the corres correspon pondin din civil civil action action for damaes. Ma, Ma, In1u In1unc ncti tion on Iss Issu& to R&str &stra ain Criminal Pros&cution2 'riminal prosecutio prosecutions ns 3ENERAL 3ENERAL RULE! RULE! 'riminal mayy 0OT ma 0OT be rest restra rain ined ed or stay stayed ed by in"u in"unc ncti tion on,, preli prelimi mina nary ry or fina final. l. The The reason reason bein, bein, public public intere interest st re4uir re4uires es that that crim crimin inal al acts acts be imme immedi diat atel elyy inve invest sti iat ated ed and and pros prosec ecut uted ed for for the the protec protectio tion n of the society society !Domingo Domingo vs. Sandiganbayan, 322 SCRA 655 *. ECEPTIONS! 1. To affo afford rd ade4u ade4uate ate prote protecti ction on to the the constitutional rihts of the accused9 +. 7hen neces ecesssary for the orderly erly administration of "ustice or to avoid oppression or multiplicity of actions9 . 7hen 7hen there there is a pre" pre"ud udic icia iall 4uesti 4uestion on which is sub"udice9 =. 7hen the acts of the officer are without or in e?cess of authority9 >. 7hen 7hen the the pros prosec ecut utio ion n is unde underr an invalid law, ordinance ordinance or reulation9 @. 7hen double ble "eop eopardy ardy is clearly apparent9 A. 7hen 7hen the the court court had had no "uris "urisdi dict ctio ion n over the offense9 B. 7hen it is a case of persecu ecution rather than prosecution9 C. 7hen 7hen the char chare ess are manif anifes estl tlyy fals false e and and mo moti tiva vate ted d by lust lust for for veneance9 and 1D. 7hen there there is clearly clearly no prima prima facie facie cas case aa aains inst the the accu accuse sed d and and a
IN REMEDIAL LAW
motion to 4uash on that round has been denied. S&ctio S&ction n 4' Form Form o( t*& com+laint com+laint or in(ormation' FORM 1. n wr writin9 +. n the the nam name e of the the /eop /eople le of of the the /hilippines9 /hilippines9 and . )ai )ains nstt all all pers person onss who who appe appear ar to be responsible for the offense involved. S&ction 5' Com+laint d&(in&d'
) Com+laint is8 1. a swor sworn n writ writte ten n stat statem emen ent9 t9 +. charin a person with an offense9 . subscribed by the offended party, any peace officer or other public officer chared with the enforcement of the law violated. The complaint mentioned in this section refe refers rs to one one file filed d in cour courtt for for the the commencement of a criminal pros prosec ecut utio ion n for for viol violat atio ion n of a crim crime, e, usually usually coniz conizabl able e by munici municipal pal trial trial courts as well as to a complaint filed by an offended party in private crimes or those those which which cannot cannot be prosec prosecute uted d de officio. REQUISITES OF A COMPLAINT! 1. it mus mustt be in writ writin in and and unde underr oath9 +. it must be in the the name of the the /eople of the /hilippines9 . it mus mustt char chare e a pers person on wit with h an offense9 and =. it must be subsc bscribed by the offen offended ded party party,, by any any peace peace officer or public officer chared with the enforcement of the law violated. PERSONS 6"O CAN FILE A COMPLAINT 1. Offe Offend nded ed par party ty +. )ny )ny pea peace ce offi office cerr . Other Other publ public ic off office icerr char chared ed with with the enf enforce orceme ment nt of the the law law violated
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae C#arissi$ae %en!"ra, %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"reProce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 137
MEMORY A AID e?. nternal Revenue Officer for viol violat atio ion n of the the 0R', 0R', cust custom om aents with respect to violations of the Tariff and 'ustoms 'ode S&ction 7' In(ormation d&(in&d'
)n In(ormation is8 1. an acc accus usat atio ion n in writ writin in9 9 +. charin a person with an offense9 . subscr subscribe ibed d by the prosec prosecuto utorr and and filed with the court. REQUISITES OF AN INFORMATION 1. it must must be in writ writin in9 9 +. it mus mustt char chare e a per perso son n with with an an offense9 . it must be subscribed by the the fiscal9 and =. it must must be be filed filed in cour court. t. COMPLAINT
INFORMATION
Subscribed by the offended party, any peace officer or other officer chared with the enforcement of the law violated it may be filed either in court or in the prosecutor5s office must be made under oath
Subscribed by the fiscal !indispensable re4uirement*
it is filed with the court need not be under oath
/ros /rosec ecut utio ion n in the the RT' RT' are are alwa always ys commenced by information, &E'&/T8 1. in cert certain ain crimes crimes aains aainstt chast chastity ity !concubinae, adultery, sedu seduct ctio ion, n, abdu abduct ctio ion, n, acts acts of lasciviousness*9 and +. defam defamat atio ions ns impu imputi tin n any any of the the afor afores esai aid d offen offense sess wher wherei ein n a sworn orn writt ritten en comp compla lain intt is re4u re4uir ired ed in acco accord rdan ance ce with with section > of this Rule.
S&ction 8' 6*o must +ros&cut& criminal actions' FULL FULL DISCR DISCRETI ETION ON AND AND CONTR CONTROL OL OF T"E PROSECUTOR )ll )ll crim crimin inal al acti action onss comm commen ence ced d by a comp compla laiint or infor nform matio ation n shal shalll be
IN REMEDIAL LAW
pros prosec ecut uted ed unde underr the the dire direct ctio ion n and and control of the prosecutor. prosecutor. ) /R6)T& /ROS&'#TOR may be authorized to prosecute a criminal action sub"ect to the followin conditions8 1. the public prosecutor has a heavy work schedule, schedule, or there is no public prosecutor assined in the province or city9 +. the private prosecutor is auth author oriz ized ed 0 7RT 7RT0 0F F by the the Reional State /rosecutor !RS/*, /rovincial /rovincial or 'ity /rosecutor9 . the authority of the private prosecutor must be approved by the court9 =. the pri private prosecutor shall continue continue to prosecute prosecute the case until the end of the trial unless the the auth author orit ityy is with withdr draw awn n or otherw otherwise ise revoke revoked d by the RS/, RS/, /rovincial /rovincial or 'ity /rosecutor9 and >. n case of the withdrawal or revoca revocatio tion n of the author authority ity of the private prosecutor, the same must be approved by court. !(em !(emo o 'irc. 'irc. 0o. 0o. +>, +>, )pri )prill +@, +@, +DD+, +DD+, Reardin Reardin )mendment )mendment to Sec. >, Rule 11D* n appeals before the ') and the S', it is only nly the Solic olicit itor or Fen Fenera eral that that is authorized to brin and defend actions in behalf of the /eople of the /hilippines !People vs. Nano, 205 SCRA 155*. n all cases elevated to the Sandianbayan and from the Sandianbayan to the S', the Office of the the Ombu Ombuds dsma man, n, thro throu uh h its its Spec Specia iall /rosecutor shall represent the /eople of the /hili /hilippi ppines nes,, &E'&/T &E'&/T in cases cases filed filed pursuant pursuant to &.O. 0os. 1, +, 1= and 1=;), issued in 1CB@ !Sec. =, R) B+=C*. PROS PROSEC ECUT UTIO ION N C"ASTIT0
OF
CRIM CRIMES ES
A3AIN 3AINST ST
6"O MA0 PROSECUTE 1. Concubinage and adultery – – only by the offended spouse who should have the status, capacity, capacity, and leal
REMEDIAL LAW COMMITTEE CHAIRPERSON : Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae C#arissi$ae %en!"ra, %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"reProce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"reProce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 138
MEMORY A AID representation at the time of filin of the complaint, reardless of ae9 Seduction, Abduction Abduction and Acts of +. Seduction, Lasciviousness – prosecuted e?clusively e?clusively and successiv successively ely by the followin persons in this order8 a* by the the offen offended ded wo woma man n b* by the the paren parents ts,, rand randpar paren ents ts or lealG"udic lealG"udicial ial uardians uardians in that successive order c* by the the Stat tate in the the e?er ?ercise cise of the riht of parens pariae, when the offended party dies or become becomess incap incapaci acitat tated ed before before she could file the complaint and she has no known parent ents, randparents or uardian. . ) defamation imputing to a person any any of the the fore forego goin ing g crimes crimes of concubina concubinae, e, adultery adultery,, seduction seduction,, abduction, rape or acts of lasci lascivi viou ousn snes esss can can be pros prosec ecut uted ed only by the party or parties defamed !)rticle @D, last par., Revised /enal 'ode*. f the offended party is of leal ae )03 does not suffer from physical or mental dis disabi ability lity,, she alon alone e can file file the the complaint to the e?clusion of all others. 6"O CAN 3IVE PARDON Concubinage e and adultery adultery ; only 1. Concubinag only the offended spouse, not otherwise incapacitated, can validly e?tend the pard pardon on or cons consen entt cont contem empl plat ated ed therein. +. Seduction, abduction, and acts of lasciviousness – a* the offended minor, if with sufficient discretion, can validly pardon the accused by herself if she has no parents or where the accuse accused d is her own father father and her mother is dead9 b* the parent ents, randparen arentts or uardian of the offended minor, in that order, ')00OT e?tend a vali valid d pard ardon in said aid crime rimess 7T2O#T the conformity of the offended party, even if the latter is a minor9 c* if the the off offen ended ded wom woman an is is of ae ae and not otherwise incapacitated,
IN REMEDIAL LAW
only nly she she can can e?te e?ten nd a valid alid pardon. The The pard pardon on refe refers rs to pard pardon on $&O $&OR& R& filin of the criminal complaint in court. /ardon effected after the filin of the complaint in court does 0OT prohibit the contin continuan uance ce of the prosec prosecuti ution on of the offen offense se &E'& &E'&/T /T in case case of ma marr rria iae e between the offender and the offended party. PARDON -s' CONSENT 'ons 'onsen entt refe refers rs to futu future re acts acts,, whil while e pardon refers to past acts of adultery. The importance of this distinction is that consent, in order to absolve the accused from from liab liabil ilit ityy, is suff suffic icie ient nt even even if rante ranted d only only to the off offend endin in spouse spouse,, where whereas as pardon pardon must be e?tend e?tended ed to both offenders
The S#$S& of the Revised /enal 'ode.
conflictin
ELEMENTS OF A PREJUDICIAL QUESTION 1. The civil action must be instituted prior to the criminal action. +. The civil action involves an issue similar or intimately related to the issue raised in the criminal action. . The resolution of such issue determines whether or not the criminal action may proceed. 6"ERE TO FILE PETITION FOR SUSPENSION #0 REASON OF PREJUDICIAL QUESTION 1. Office of the prosecutor9 or +. court conductin the preliminary investiation9 or . court where the criminal action has been filed for trial at any time before the prosecution rests.
RULE $$4 PRELIMINAR0 INVESTI3ATION S&ction $' Pr&liminar, In-&sti.ation d&(in&d )*&n r&/uir&d' Pr&liminar, In-&sti.ation ; is an in4uiry or proceedin to determine whether there e?ists sufficient round to enender a well;founded belief that a crime has been committed and that the respondent is probably uilty thereof, and should be held for trial. !Sec. 1, Rule 11+*
/reliminary nvestiation is re4uired to be conducted $&OR& the filin of a
2O7&6&R, the accused can ask for /reliminary nvestiation in the followin cases8 1. if a person is arrested, he can ask for preliminary investiation $&OR& the filin of the complaintGinformation $#T he must sin a waiver in accordance with )rticle 1+>, R/'. +. )T&R the filin of the informationGcomplaint, the accused may, within > days from the time he learns of its filin ask for preliminary investiation. PURPOSES 1. to determine whether a crime has been committed and whether there is probable cause to believe that the accused is uilty thereof9 +. to preserve evidence and keep the witnesses within the control of the State9 . to determine the amount of bail, if the offense is bailable. PRELIMINAR0 INVESTI3ATION! PERSONAL STATUTOR0 RI3"T The riht to preliminary investiation is a personal riht covered by statute and may be waived e?pressly or by implication.
)bsence of preliminary investiation does not affect the "urisdiction of the court or invalidate the information if no ob"ection was raised by the accused. REMEDIES OF T"E ACCUSED IF T"ERE 6AS NO PRELIMINAR0 INVESTI3ATION 1. Refuse to enter a plea upon arrainment and ob"ect to
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 1!6
MEMORY AID
+. . =. >.
IN REMEDIAL LAW
further proceedins upon such round nsist on a preliminary investiation ile a certiorari, if refused Raise lack of preliminary investiation as error on appeal ile for prohibition
)s preliminary investiation is 0OT a part of the trial, the dismissal of the case by the investiator will not constitute double "eopardy and will not bar the filin of another complaint for the same offense, but if re;filed, the accused is entitled to another preliminary investiation !#.S. vs. (arfori, > /hil. @@@*. S&ction 4' O((ic&rs aut*oriB&d conduct +r&liminar, in-&sti.ation'
to
PERSONS AUT"ORIED TO CONDUCT A PRELIMINAR0 INVESTI3ATION 1. /rovincial or city fiscal and their assistants +. %udes of the (T' and ('T' . 0ational and reional state prosecutors =. Such other officers as may be authorized by law such as8 the 'O(&:&', Ombudsman and /'FF
f respondent cannot be subpoenaed, or if subpoenaed but does not submit his counter;affidavit within 1D days, investiatin officer shall resolve the complaint based on the evidence presented by the complainant. RI3"TS OF RESPONDENT IN A PRELIMINAR0 INVESTI3ATION 1. to submit counter;affidavits +. to e?amine evidence submitted by the complainant . to be present in the clarificatory hearin.
ilin of the complaint accompanied by the affidavits and supportin documents.
7ithin 1D days after the filin, the investiatin officer shall either dismiss or issue subpoena.
f subpoena is issued, S&ction 5' Proc&dur&
respondent shall submit a counter;affidavit and other supportin documents within 1D days from receipt thereof.
2earin !optional*. t shall be held within 1D days from submission of counter;affidavits or from the e?piration period of their REMEDIAL LAWof Cthe OMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: submission.
The Rules do not re4uire the presence of the respondent in the /reliminary nvestiation, what is re4uired is that he be iven the opportunity to controvert the evidence of the complainant by submittin counter;affidavits.
Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
Resolution of investigating prosecutor
San Beda College of Law 1!7
MEMORY AID S&ction 9' 6*&n )arrant o( arr&st ma, issu& Pro=a=l& Caus& presupposes a reasonable round for belief in the e?istence of facts warrantin the proceedins complained of9 ; an apparent state of facts found to e?ist upon reasonable in4uiry which would induce a reasonably intellient and prudent man to believe that the accused person had committed the crime chared.
f the "ude finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested and hold him for trial. f the "ude is satisfied that there is no necessity for placin the accused under custody, he may issue summons instead of warrant of arrest. The RT' "ude need 0OT personally e?amine the complaint and witnesses in the determination of probable cause for the issuance of the warrant of arrest. 2e is only re4uired to8 1. /ersonally evaluate the report and the supportin documents submitted durin the preliminary investiation by the fiscal9 and +. On the basis thereof he may8 a* 3ismiss9 b* ssue warrant9 or c* Re4uire further affidavits. INSTANCES 6"EN MTC MA0 CONDUCT PRELIMINAR0 INVESTI3ATION! 1. cases conizable by the RT' may be filed with the (T' for preliminary investiation9 +. cases conizable by the (T' because it is an offense where the penalty prescribed by law is at least four !=* years, two !+* months and one !1* day without reard to the fine. n either situation, the (T' is authorized to issue a warrant of arrest if there is necessity of placin the respondent under immediate custody, in order not to frustrate the ends of "ustice.
IN REMEDIAL LAW
CONDITIONS #EFORE T"E INVESTI3ATIN3 MUNICIPAL TRIAL JUD3E CAN ISSUE A 6ARRANT OF ARREST !2errera, p. +B+* 1. 2ave e?amined in writin and under oath the complainant and his witnesses by searchin 4uestions and answers9 searchin 4uestions and answers – such 4uestions as may have the tendency to show the commission of the crime and the perpetrator thereof9 +. $e satisfied that a probable cause e?ists9 and . That there is a need to place the respondent under immediate custody in order not to frustrate the ends of "ustice. f
the (T' "ude found probable cause but did not believe that the aforesaid conditions were met, he cannot be compelled by mandamus to issue the same. REMED0! The provincial fiscal, if he believes that the accused should be immediately placed in custody, may file the correspondin information so that the RT' may issue the necessary warrant of arrest ! Sam)lde vs. Salvani, r., .R. No. %606, Sep. 26, 1$ *.
7hile the "ude may rely on the fiscal5s certification thereof, the same is 0OT conclusive on him as the issuance of said warrant calls for the e?ercise of "udicial discretion and, for that purpose, the "ude may re4uire the submission of affidavits of witnesses to aid him in arrivin at the proper conclusion, OR he may re4uire the fiscal to conduct further preliminary investiation or reinvestiation. INSTANCES 6"EN 6ARRANT OF ARREST NOT NECESSAR0 1. if the accused is already under detention9 +. if the complaint or information was filed after the accused was lawfully arrested without warrant9
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 1!8
MEMORY AID . if the offense is punishable by fine only. S&ction :' 6*&n accus&d la)(ull, arr&st&d )it*out )arrant' T6O SITUATIONS CONTEMPLATED UNDER T"IS RULE! 1. 7hen a person is lawfully arrested without a warrant for an offense re4uirin a preliminary investiation !sec. 1, Rule 11+* and no complaint or information has yet been filed, he may ask for a preliminary investiation by sinin a waiver of the provisions of )rt. 1+> of the R/' in the presence of his counsel. +. 7hen the complaint or information was filed without preliminary investiation, the accused may, within > days from the time he learns of the filin of the information, ask for a preliminary investiation with the same riht to adduce evidence in his favor in the manner prescribed in this Rule.
IN REMEDIAL LAW
even after its filin without waivin his riht to preliminary investiation, provided that he asks for a preliminary investiation by the proper officer within the period fi?ed in the said rule ! People vs. Co)r o* Appeals, &ay 2$, 1$$5 *. S&ction ;' R&cords
Records of the preliminary investiation shall 0OT automatically form part of the records of the case. 'ourts are not compelled to take "udicial notice thereof. t must be introduced as an evidence. S&ction , Rule 11*. ESSENTIAL REQUISITES OF A VALID 6ARRANT OF ARREST 1. t must be issued upon probable cause which must be determined personally by a "ude after e?amination under oath or affirmation of the complainant and the witnesses he may produce +. The warrant must particularly describe the person to be seized
) warrant of arrest has 0O e?piry date. t remains valid until arrest is effected or warrant is lifted. REMED0 FOR 6ARRANTS IMPROPERL0 ISSUED 7here a warrant of arrest was improperly issued, the proper remedy is a petition to 4uash it, 0OT a petition for habeas corpus, since the court in the latter case may only order his release but not en"oin the further prosecution or the preliminary e?amination of the accused ! Alimpoos vs. Co)r o* Appeals, 106 SCRA 15$ *.
/ostin of bail does not bar one from 4uestionin illeal arrest !Section +@, Rule 11=, Rules of 'ourt*. S&ction 4' Arr&st *o) mad&' MODES OF EFFECTIN3 ARREST 1. $y an actual restraint of the person to be arrested. +. $y his submission to the custody of the person makin the arrest.
#pon arrest, the followin may be confiscated from the person arrested8
IN REMEDIAL LAW
1. Ob"ects sub"ect of the offense or used or intended to be used in the commission of the crime9 +. Ob"ects which are the fruits of the crime9 . Those which miht be used by the arrested person to commit violence or to escape9 =. 3anerous weapons and those which may be used as evidence in the case. S&ction 8' Arr&st )it*out )arrant )*&n la)(ul LA6FUL 6ARRANTLESS ARREST 1. 7hen, 0 2S /R&S&0'&, the person to be arrested has committed, is actually committin, or is attemptin to commit an offense !in flarante delicto arrests*9 +. 7hen an offense has in fact "ust been committed, and he has probable cause to believe based on /&RSO0): L0O7:&3F& of fact and circumstance that the person to be arrested has committed it9 !3octrine of 2ot /ursuit* . 7hen the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is servin final "udment or temporarily confined while his case is pendin, or has escaped while bein transferred from one confinement to another. =. 7here a person who has been lawfully arrested escapes or is rescued !Sec. 1, Rule 11*9 >. $y the bondsman for the purpose of surrenderin the accused !Sec. +, Rule 11=*9 and @. 7here the accused attempts to leave the country without permission of the court !Sec. +, Rule 11=*. f the arrest was effected without warrant, the arrestin officer must comply with the provisions of )rt. 1+> of the R/', otherwise, he may be held
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 15"
MEMORY AID criminally liable for arbitrary detention under )rticle 1+= of the R/'. RULES ON ILLE3ALIT0 OF ARREST 1. )n accused who enters his plea of 0OT uilty and participates in the trial waives the illeality of the arrest. Ob"ection to the illeality must be raised before arrainment, otherwise it is deemed waived, as the accused, in this case, has voluntarily submitted himself to the "urisdiction of the court. +. lleality of warrantless arrest maybe cured by filin of an information in court and the subse4uent issuance by the "ude of a warrant of arrest. . Once a person has been duly chared in court, he may no loner 4uestion his detention by petition for habeas corpus, his remedy is to 4uash the information andGor the warrant of arrest.
CitiB&nGs arr&st ; arrest effected by a private person.
Sec. A
#nlike 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 niht, even on a Sunday. This is "ustified by the necessity of preservin the public peace.
#nder this rule, an arrest may be made even if the police officer is not in possession of the warrant of arrest !(allari vs. 'ourt of )ppeals, +@> S'R) =>@*. &?hibition of the warrant prior to the arrest is not necessary. 2owever, if after the arrest, the person arrested so re4uires, the warrant shall be shown to him as soon as practicable. S&ction ;' M&t*od o( arr&st =, o((ic&r )it*out )arrant' S&ction days from promulation thereof even thouh the appeal had in the meantime already been perfected by the accused from "udment of conviction. The trial court may lose "urisdiction over the "udment even $&OR& the lapse of 1> days8 1. when the defendant voluntarily submits to the e?ecution of the "udment9 +. when the defendant perfects his appeal9 . when the accused withdraws his appeal9 =. when the accused e?pressly waives in writin his riht to appeal9 >. when the accused files a petition for probation. S&ction ;' Entr, o( 1ud.m&nt'
The final "udment of the court is carried into effect by a process called HmittimusI. Mittimus ; ) process issued by the court after conviction to carry out the final "udment, such as commandin a prison warden to hold the accused in accordance with the terms of the "udment. S&ction days8 1. 7hen the defendant voluntarily submits to the e?ecution of the sentence +. 7hen the defendant perfects his appeal. The moment the appeal is perfected the court a 4uo loses "urisdiction over it, e?cept for the purpose of correctin clerical errors. N&) Trial iled after "udment is rendered but
R&o+&nin. o( t*& cas& made by the court before the "udment
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 176
MEMORY AID before the finality thereof )t the instance or with the consent of the accused
is rendered in the e?ercise of sound discretion does not re4uire the consent of the accused9 may be at the instance of either party who can thereafter present additional evidence
S&ction 4' 3rounds (or n&) trial' 3ROUNDS FOR A NE6 TRIAL IN CRIMINAL CASES! 1. errors of law or irreularities committed durin the trial pre"udicial to the substantial rihts of the accused. +. new and material evidence discovered. REQUISITES #EFORE A NE6 TRIAL MA0 #E 3RANTED ON T"E 3ROUND OF NE6L0 DISCOVERED EVIDENCE! 1. that the evidence was discovered after trial9 +. that such evidence could not have been discovered and produced at the trial even with the e?ercise of reasonable dilience9 . that it is material not merely cumulative, corroborative or impeachin9 and =. the evidence is of such a weiht that it would probably chane the "udment if admitted.
(istakes or errors of counsel in the conduct of his case are not rounds for new trial. This rule is the same whether the mistakes are the result of inorance, ine?perience, or incompetence. ! +.S. vs. +mali, 15 P#il. 3% * f the incompetence, inorance or ine?perience of counsel is so reat and the error committed as a result thereof is so serious that the client, who otherwise has a ood cause, is pre"udiced and denied his day in court, the litiation may be reopened to ive
IN REMEDIAL LAW
the client another chance to present his case. S&ction 5' 3rounds (or r&consid&ration'
Frounds of motion for reconsideration 1. errors of law9 +. errors of fact in the "udment, which re4uire no further proceedins. The principle underlyin this rule is to afford the trial court the opportunity to correct its own mistakes and to avoid unnecessary appeals from bein taken. The rant by the court of reconsideration should re4uire no further proceedins, such as the takin of additional proof. S&ction 7' Form o( motion and notic& to t*& +ros&cutor'
Re4uisites for a motion for new trial or reconsideration8 The motion for a new trial or reconsideration shall be8 1. in writin +. filed with the court . State rounds on which it is based =. f the motion for new trial is based on a newly discovered evidence, it must be supported by the affidavits of the witness by whom such evidence is e?pected to be iven, or duly authenticated copies of documents which it is proposed to introduce in evidence. >. 0otice of the motion for new trial or reconsideration shall be iven to the fiscal. 7hile the rule re4uires that an affidavit of merits be attached to support a motion for new trial based on newly discovered evidence, yet the defect of lack of it may be cured by testimony under oath of the defendant at the hearin of the motion. ! Paredes vs. (or9a, 3 SCRA -$5 * S&ction 8' "&arin. on motion'
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 177
MEMORY AID 7here a motion for new trial calls for resolution of any 4uestion of fact, the court may hear evidence thereon by affidavits or otherwise. PURPOSE To determine whether the new trial re4uested should be ranted or not. t is not the new trial proper where newly discovered evidence, for e?ample will be received by the court. !/amaran, p. @DB* S&ction 9' E((&cts o( .rantin. a n&) trial or r&consid&ration' EFFECTS OF 3RANTIN3 A NE6 TRIAL OR RECONSIDERATION 1. when a new trial is ranted on the round of errors of law or irreularities committed durin the trial, all proceedins and evidence not affected by the commission of such errors and irreularities shall stand, $#T those affected thereby shall be set aside and taken anew. The court may, in the interest of "ustice, allow the introduction of additional evidence. +. 7hen a new trial is ranted on the round of newly discovered evidence, the evidence already taken shall stand, and the newly discovered and such other evidence as the court may, in the interest of "ustice, allow to be introduced, shall be taken and considered toether with the evidence already in the record. . n all cases, when the court rants new trial or reconsideration, the oriinal "udment shall be set aside and a new "udment rendered accordinly.
The effect of the rantin of a new trial is not to ac4uit the accused of the crime of which the "udment finds him uilty, but precisely to set aside said "udment so that the case may be tried de novo as if no trial had been before. #nlike the rule in 'ivil 'ases, the remedy of the arieved party bein appeal in due time, an order rantin a
IN REMEDIAL LAW
new trial rendered in 'riminal 'ases is also interlocutory $#T is controllable by certiorari or prohibition at the instance of the prosecution.
RULE $44 APPEAL S&ction $' 6*o ma, a++&al'
)ny party may appeal from a "udment or final order, #0:&SS the accused will be placed in double "eopardy. A++&al ; a proceedin for review by which the whole case is transferred to the hiher court for a final determination
)ppeal is not an inherent riht of convicted person. The riht of appeal is and always has been statutory. Only final "udments and orders are appealable. EFFECT OF AN APPEAL )n appeal in a criminal case opens the whole case for review and this includes the review of the penalty, indemnity, and the damaes involved. 'onse4uently, on appeal, the appellate court may increase the penalty, indemnity, or the damaes awarded by the trial court, althouh the offended party had not appealed from said award, and the party who souht a review of the decision was the accused. Final 1ud.m&nt
Final Ord&r
a "udment which would become final if no appeal is taken
disposes of the whole sub"ect matter or terminates a particular issue leavin nothin to be done but to enforce by e?ecution what has been determined
rom a "udment convictin the accused, two appeals may accordinly be taken8
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 178
MEMORY AID 1. The accused may seek a review of said "udment, as reards both actions9 or +. The complainant may appeal with respect only to the civil action, either because the lower court has refused or failed to award damaes, or because the award made is unsatisfactory to him. 3ENERAL RULE! ) private prosecutor in a criminal case has 0O authority to act for the /eople of the /hilippines before a court on appeal. t is the overnment5s counsel, the Solicitor Feneral, who appears in criminal cases or their incidents before the Supreme 'ourt. )t the very least, the /rovincial iscal himself, with the conformity of the Solicitor Feneral. ECEPTION! The civil award in a criminal case may be appealed by the private prosecutor on behalf of the offended party or his successors. S&ction 4' 6*&r& to a++&al' S&ction 5' "o) a++&al ta&n' "O6 APPEAL IS TA>EN 1. )ppeal to the Reional Trial 'ourt8 by filin a notice of appeal with the court that rendered the "udment or order appealed from and servin a copy to the adverse party
+. )ppeal to the 'ourt of )ppeals from decision of the Reional Trial 'ourt in the e?ercise of its oriinal "urisdiction8 by filin a notice of appeal with the court which rendered the "udment or order appealed from and servin a copy to the adverse party . )ppeal to the 'ourt of )ppeals in cases decided by Reional Trial 'ourt in the e?ercise of its appellate "urisdiction8 by petition for review =. )ppeal to the 'ourt of )ppeals in cases where penalty imposed is life imprisonment or where a
IN REMEDIAL LAW
lesser penalty is imposed but involvin offenses committed on the same occasion or arisin out of the same occurrence that ave rise to the more serious offense for which the penalty of death or life imprisonment is imposed8 by filin a notice of appeal with the 'ourt of )ppeals. >. 3eath penalty8 automatic review by the 'ourt of )ppeals. !).(. 0o. DD;>;D;S', October 1>, +DD=* @. Other appeals to the Supreme 'ourt8 by petition for review on certiorari. Error o( Jud.m&nt
Error o( Jurisdiction
the court may commit in the e?ercise of "urisdiction reviewable by appeal
renders an order of "udment void or voidable reviewable by certiorari
Mod&s o( r&-i&) The Rules of 'ourt reconize = modes by which the decision or final order of the court may be reviewed by a hiher tribunal, viz.8 1. ordinary appeal +. petition for review . petition for review on certiorari =. automatic appeal S&ction 7' S&r-ic& o( notic& o( a++&al' PU#LICATION OF NOTICE OF APPEAL f copy of the notice of appeal cannot be served on the adverse party or his counsel, it may be done by publication. Service by publication is made in a newspaper of eneral circulation in the vicinity once a week for a period not e?ceedin D days. S&ction 8' 6ai-&r o( notic&'
The appellee may waive his riht to a notice that an appeal has been taken. 2O7&6&R, the appellate court may, in its discretion, entertain an appeal
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 17
MEMORY AID notwithstandin failure to ive such notice if the interests of "ustice so re4uire. !8lamas vs. &os4oso, $5 P#il. %35*
IN REMEDIAL LAW
The court may also, in its discretion, allow the appellant to withdraw his appeal, /RO63&3 a motion to that effect is filed $&OR& the rendition of the "udment in the case on appeal.
S&ction 9' 6*&n a++&al to =& ta&n'
)n appeal must be filed within 1> days counted from the promulation or notice of the "udment or order appealed from. The period for appeal is interrupted from the time the motion for new trial is filed up to the receipt by the accused of the notice of the order Hoverrulin the motionI. S&ction ;' Transmission o( +a+&rs to a++&llat& court u+on a++&al'
7ithin > days from the filin of the notice of appeal, the clerk of the court with whom the notice of appeal was filed must transmit to the clerk of court of the appellate court the complete record of the case, toether with said notice. S&ction $%' Transmission o( r&cords in cas& o( d&at* +&nalt,'
n case of death penalty, the records shall be forwarded to the 'ourt of )ppeals for automatic review and "udment, within +D days but not earlier than 1> days after the promulation of the h e the "udment or notice of denial of any motion for new trial or reconsideration. The transcript shall also be forwarded within 1D days after the filin thereof by the stenoraphic reporter !).(. 0o. DD; >;D;S', Oct. 1>, +DD=*. S&ction $4' 6it*dra)al o( a++&al'
)n appellant may withdraw his appeal $&OR& the record has been forwarded by the clerk of court to the proper appellate court as provided by Section B, in which case the "udment shall become final.
Once appeal is withdrawn, the decision or "udment appealed from becomes at once final and e?ecutory. ! People vs. D)e"o, $0 SCRA 23 * S&ction $5' A++ointm&nt o( couns&l d& o(icio (or accus&d on a++&al'
The riht to counsel de oficio does not cease upon the conviction of an accused by a trial court but continues, even durin appeal. 3uties of the clerk of the trial court to the appellant who is confined in prison upon the presentation of notice of appeal8 1. he shall ascertain from the appellant, whether he desires the 'ourt of )ppeals or the Supreme 'ourt to appoint an attorney to defend him de oficio9 +. he shall transmit with the record, upon a form to be prepared by the clerk of the appellate court, a certificate of compliance with this duty of the response of the appellant to his in4uiry.
RULE $45 PROCEDURE IN T"E MUNICIPAL TRIAL COURTS S&ction $' Uni(orm Proc&dur&' Proc&dur& to =& o=s&r-&d in M&tro+olitan Trial Courts Munici+al Trial Courts and Munici+al Circuit Trial Courts! They shall observe the same procedure as in the Reional Trial 'ourts ECEPT! 1. where a particular provision e?pressly or impliedly applies only to the (etropolitan Trial 'ourts, (unicipal Trial 'ourts
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 18"
MEMORY AID and (unicipal 'ircuit Trial 'ourts or Reional Trial 'ourts +. n criminal cases overned by the Rules on Summary /rocedure in Special 'ases adopted on )uust 1, 1CB and revised on 0ovember 1>, 1CC1.
RULE $47 PROCEDURE IN T"E COURT OF APPEALS S&ction 4' A++ointm&nt o( couns&l d& o(icio (or t*& accus&d. REQUISITES #EFORE AN ACCUSED CAN #E 3IVEN A COUNSEL DE OFICIO ON APPEAL 1. that he is confined in prison +. without counsel de parte on appeal . sined the notice of appeal himself ECEPTIONS! )n accused;appellant not confined to prison can have a counsel de oficio if re4uested by him in the appellate court within 1D days from receipt of the notice to file brief and the riht thereto is established by affidavit. S&ction 5' 6*&n =ri&( (or t*& a++&llant to =& (il&d'
A copies of the brief shall be filed within D days from receipt by the appellant or
IN REMEDIAL LAW
To present to the court in concise form the points and 4uestions in controversy and, by fair arument on the facts and law of the case, to assist the court in arrivin at a "ust and proper conclusion. S&ction 7' 6*&n =ri&( (or a++&ll&& to =& (il&d r&+l, =ri&( o( t*& a++&llant'
The appellee shall file A copies of the brief with the clerk of court within D days from receipt of the brief of the appellant accompanied by proof of service of + copies thereof upon the appellant S&ction 8' EHt&nsion o( tim& (or (ilin. =ri&(s'
0ot allowed &E'&/T for ood and sufficient cause and only if the motion for e?tension is filed before the e?piration of the time souht to be e?tended. S&ction :' Cont&nts o( =ri&(s'
#nlike the procedure in civil cases, it has been held that it is not essential for the accused to make assinment of errors in his brief, as on appeal, the whole record of the case is submitted to and reviewable by the appellate court. ssues that were never raised in the proceedins before the trial court cannot be considered and passed upon on appeal.
his counsel of the notice from the clerk of court of the 'ourt of )ppeals that the evidence, oral and documentary, is already attached to the record.
S&ction ;' Dismissal o( a++&al (or a=andonm&nt or (ailur& to +ros&cut&'
#ri&( ; literally means a short or condensed statement. The purpose of the brief is to present to the court in concise form the points and 4uestions in controversy, and by fair arument on the facts and law of the case, to assist the court in arrivin at a "ust and proper conclusion.
3ROUNDS FOR DISMISSAL OF APPEALS 1. ailure on the part of the appellant to file brief within the relementary period, e?cept when he is represented by a counsel de oficio9 +. &scape of the appellant from prison or confinement9 . 7hen the appellant "umps bail9 and
PURPOSE
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 181
MEMORY AID =. liht of the appellant to a forein country durin the pendency of the appeal. DISMISSAL OF APPEAL NEED OF NOTICE TO APPELLANT The 'ourt of )ppeals may dismiss motu propio or on motion by appellee an appeal for failure on the part of the appellant to file his brief on time, $#T it must have a notice served upon the appellant of the action to be taken by said court before dismissin motu propio the appeal. E((&ct o( Esca+& o( Accus&d A=andonm&nt o( A++&als 1. f the convict escapes from prison or confinement or refuses to surrender to the proper authorities, "umps bail or flees to a forein country he is deemed to have abandoned his appeal )03 the "udment of the court below becomes final. +. n that case, the accused cannot be afforded the riht to appeal #0:&SS !a* he voluntarily submits to the "urisdiction of the court or !b* is otherwise arrested within 1> days from notice of the "udment aainst him.
IN REMEDIAL LAW
The findins of the "ude who tried the case and heard the witnesses are not disturbed on appeal. ECEPTION! 7hen it is shown that the trial court has overlooked certain facts of substance and value that, if considered, miht affect the result of the case. ! People vs. Cabiling, %- SCRA 25 * The reversal of "udments entered in the court below is prohibited, &E'&/T for pre"udicial error – that which tends to pre"udice a substantial riht of a party to the proceedins. S&ction $$' Sco+& o( Jud.m&nt' The appeal confers upon the appellate court full "urisdiction and renders it competent to e?amine the records, revise the "udment appealed from, increase the penalty and cite the proper provision of the law.
)n invocation of the constitutional immunity from double "eopardy will not lie in case of appeal by the accused. The reason bein that when the accused appeals from the sentence of the trial court, he waives the constitutional safeuard aainst double "eopardy and throws the whole case open to the review of the appellate court.
S&ction , +DD=*
IN REMEDIAL LAW
) re;hearin is 0OT a matter of riht but a privilee to be ranted or not, as the court sees fit, the matter bein solely within its discretion. 0ew 4uestions ')00OT be presented for the first time on a motion for rehearin, especially where they are inconsistent with positions taken on the oriinal hearin, or waived on the oriinal submission of the case. ) second motion for rehearin or reconsideration of a final "udment or order is 0OT allowed because if parties are allowed to file as many motions for rehearin or reconsideration as their discretion or caprice suits, the proceedins would become undeterminable and unnecessarily voluminous. The (TT(#S is the final process of carryin into effect the decision of the appellate court and the transmittal thereof to the court of oriin is predicated upon the finality of the "udment. t shall be stayed durin the pendency of the motion for rehearin or reconsideration.
S&ction $7' Motion (or n&) trial'
(otion for new trial based on 0ewly 3iscovered &vidence may be filed at any time )T&R the appeal from the lower court has been perfected )03 $&OR& the "udment of the appellate court convictin the accused becomes final. Once an appeal is perfected, the trial court steps out and the appellate court steps in. ) motion for new trial must then be filed with the appellate court, not with the court from whose "udment the appeal is taken. S&ction $9' R&*&arin. or r&consid&ration' ) motion for reconsideration shall be filed within 1> days from notice of the decision or final order of the 'ourt of )ppeals.
) motion for reconsideration of its "udment or final resolution shall be resolved by the 'ourt of )ppeals within CD days from the time it is submitted for resolution, and no + nd motion for reconsideration for the same party shall be entertained. The only;one;motion;for;reconsideration rule does not apply where the first motion for reconsideration resulted in a reversal or substantial modification of the oriinal decision or final resolution. The party adversely affected thereby may file a motion for reconsideration. S&ction $:' Jud.m&nt transmitt&d and (il&d in trial court' Transmittal of "udment to court a 4uo )fter the "udment has been entered, a certified copy of the entry should be transmitted to the clerk of the court of oriin.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 183
MEMORY AID
The copy of the entry serves as the formal notice to the court from which the appeal was taken of the disposition of the case in the appellate court, so that the "udment may be e?ecuted andGor placed or noted in the proper file.
IN REMEDIAL LAW
'ases involvin both 4uestions of law and fact come within the "urisdiction of the 'ourt of )ppeals. )ppeal to the S' is 0OT ) ()TT&R O RF2T, but a matter of sound "udicial discretion. The prescribed mode of appeal is by certiorari.
S&c' $;' A++lication o( c&rtain rul&s in ci-il to criminal cas&s'
S&ction 4' R&-i&) o( d&cisions o( t*& Court o( A++&als'
The correspondin amendment was made pursuant to the chanes introduced under the 1CCA Rules of /rocedure.
3ENERAL RULE! indins of fact in the ') is conclusive upon the S' ECEPTIONS! 1. when the conclusion is a findin rounded entirely on speculation, surmises or con"ectures +. when the inference made is manifestly absurd, mistaken or impossible . when there is rave abuse of discretion in the appreciation of facts =. when the "udment is premised on a misapprehension of facts >. when the findins of fact are conflictin @. when the 'ourt of )ppeals in makin its findins went beyond the issues of the case and the same is contrary to the admissions of both appellant and appellee A. when certain material facts and circumstances had been overlooked which, if taken into account would after the result as it would ive rise to reasonable doubt to ac4uit the accused.
Rul& 7: ?Annulm&nt o( Jud.m&nts o( Final Jud.m&nt and R&solutions@ DOES NOT APPL0 TO CRIMINAL CASES' T*& a++ro+riat& r&m&d, (or lac o( 1urisdiction or &Htrinsic (raud is CERTIORARI ?Rul& 98@ or "A#EAS CORPUS ?Rul& $%4@'
RULE $48 PROCEDURE IN T"E SUPREME COURT S&ction $' Uni(orm Proc&dur&' The procedure in the Supreme 'ourt in oriinal, as well as in appealed cases, is the same as in the 'ourt of appeals, &E'&/T when otherwise provided by the 'onstitution or the law.
) case may reach the Supreme 'ourt in the followin manner8 1. automatic review +. ordinary appeal . petitioner for review on certiorari
EFFECT OF DIRECT APPEAL TO T"E SUPREME COURT ON QUESTION OF LA6 IN CRIMINAL CASES ) direct appeal to the Supreme 'ourt on 4uestions of law – in criminal cases in which the penalty imposed is not death or life imprisonment – precludes a review of the facts.
Qu&stion o( la) ; when the doubt or difference arises as to what the law is on a certain state of facts. t must not involve an e?amination of the probative value of the evidence presented by the litiants or any of them.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 18!
MEMORY AID Qu&stion o( (act ; when the doubt or difference arises as to the truth or the falsehood of alleed facts. S&ction 5' D&cision i( o+inion is &/uall, di-id&d'
The Supreme 'ourt, the 'onstitution ordains, shall be composed of a 'hief %ustice and 1= associate "ustices. t mat sit en banc or in its discretion, in divisions of , >, or A members !Section =!1*, )rticle 6, 1CBA 'onstitution*. ) criminal case shall be reheard by the Supreme 'ourt when the 'ourt en banc is e4ually divided in opinion or the necessary ma"ority cannot be had, if no decision is reached the conviction of the lower court shall be reversed and the accused ac4uitted. )ccordin to the 'onstitution, only the Supreme 'ourt en banc may modify or reverse a doctrine or principle of law or rulin laid down by the 'ourt in a decision rendered en banc or in division.
RULE $49 SEARC" AND SEIURE S&ction $' S&arc* )arrant d&(in&d' S&arc* 6arrant – an order in writin issued in the name of the /eople of the /hilippines, sined by a "ude and directed to a peace officer commandin him to search for personal property described therein and brin it before the court. ELEMENTS OF SEARC" 6ARRANT! 1. order in writin +. sined by the "ude in the name of the /eople of the /hilippines . commandin a peace officer to search personal property =. brin the property before the court NATURE OF SEARC" 6ARRANTS Search warrants are in the nature of criminal process and may be invoked
IN REMEDIAL LAW
only in furtherance of public prosecutions. Search warrants have no relation to civil process or trials and are not available to individuals in the course of civil proceedins, nor for the maintenance of any mere private riht. SEARC" -s' SEIURE The term search as applied to searches and seizures is an e?amination of a man5s house or other buildins or premises or of his person with a view to the discovery of contraband or illicit or stolen property or some evidence of uilt to be used in the prosecution of a criminal action for some offense with which he is chared.
) seizure is the physical takin of a thin into custody. 3&n&ral 6arrant a search warrant which vauely describes and 3O&S 0OT particularize the personal properties to be seized without a definite uideline to the searchin team as to what items miht be lawfully seized, thus ivin the officers of the law discretion reardin what articles they should seize.
) eneral warrant is 0OT 6):3 as it infrines on the constitutional mandate re4uirin particular description of the thins to be seized. 6ARRANT OF ARREST
SEARC" 6ARRANT
Order directed to the peace officer to e?ecute the warrant by takin the person stated therein into custody that he may be bound to answer for the commission of the offense.
Order in writin in the name of the R/ sined by the "ude and directed to the peace officer to search personal property described therein and to brin it to court. !sec. 1* validity is for 1D days only !sec. C*
3oes not become stale (ay be served on any day and at any time of day or niht. !sec. @, rule 11*.
to be served only in daytime unless the affidavit allees that the property is on the person or in the place
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 185
MEMORY AID to be searched. !sec. B* upon probable cause to be determined personally by the "ude after e?amination in writin and under oath in the form of searchin answers and 4uestions. Only issued if there sworn statements is a necessity of and affidavits of placin accused complainant and under immediate witnesses must be custody submitted to court.
T&st to d&t&rmin& Particularit, 1. 7hen the description therein as specific as the circumstances will ordinarily allow +. 7hen the description e?press a conclusion of fact; not of law which the warrant officer may be uided in makin the search and seizure. . 7hen the thins described are limited to those which bear direct relation to the offense for which the warrant is bein issued. ECEPTION! )0 )//:')TO0 OR S&)R'2 7)RR)0T S2):: $& :&3 7T2 T2& 8 1. any court within whose territorial "urisdiction a crime was committed9 +. any court within the "udicial reion where the crime was committed if the place of the commission of the crime is known, or any court within the "udicial reion where the warrant shall be enforced9 . 2O7&6&R, if the criminal action has been filed, the application shall only be made in the court where the criminal action is pendin. S&ction 5' P&rsonal +ro+&rt, to =& s&iB&d'
Linds of property to be seized by virtue of a warrant8 1. sub"ect of the offense9 +. proceeds or fruits of the offense9
IN REMEDIAL LAW
. the means used or intended to be used for committin an offense. The rule does not re4uire that the property to be seized should be owned by the person aainst whom the search warrant is directed. t may or may not be owned by him.
n a search incidental to an arrest even 7T2O#T a warrant the person arrested may be searched for8 1. danerous weapons, and +. anythin which may be used as proof of the commission of an offense.
S&ction 7' R&/uisit&s (or issuin. S&arc* )arrant' REQUISITES 1. must be issued upon probable cause9 +. probable cause must be determined by the issuin "ude personally9 . the "ude must have personally e?amined, in the form of searchin 4uestions and answers, the applicant and his witnesses and taken down their written depositions9 =. the search warrant must particularly describe or identify the property to be seized as far as the circumstances will ordinarily allow9 >. the warrant issued must particularly describe the place to be searched and the persons or thins to be seized9 @. it shall issue only for one specific purpose9 and A. it must not have been issued more than 1D days prior to the search made pursuant thereto.
) search warrant shall not issue but upon probable cause in connection with one specific offense.
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 186
MEMORY AID Part, )*o ma, /u&stion -alidit, o( s&arc* and s&iBur&! 7ell settled is the rule that the leality of a seizure can be contested only by the party whose rihts have been impaired thereby, and that the ob"ection to an unlawful search and seizure is purely personal and cannot be availed of by third parties. REMEDIES FROM AN UNLA6FUL SEARC" 1. a motion to 4uash the search warrant, and +. a motion to suppress as evidence the ob"ects illeally taken. !&E':#SO0)R- R#:& – any evidence obtained throuh unreasonable searches and seizures shall be inadmissible for any purpose in any proceedin* . Replevin, if the ob"ects are leally possessed.
The remedies are alternative9 if a motion to 4uash is denied, a motion to suppress cannot be availed of subse4uently. 7here the search warrant is a /)T&0T 0#::T-, certiorari lies to nullify the same. The illeality of the search warrant does not call for the return of the thins seized, the possession of which is prohibited by law. 2O7&6&R, those personalities seized in violation of the constitutional immunity whose possession is not of itself illeal or unlawful ouht to be returned to their rihtful owner or possessor. )ny evidence obtained in violation of the constitutional immunity aainst unreasonable searches and seizures are inadmissible for any purpose in any proceedin !Section +, )rticle , 1CBA 'onstitution*. 7hen may a search warrant be said to particularly describe the thin to be seized8 1. the description therein is as specific as the circumstances will allow9
IN REMEDIAL LAW
+. when it e?presses a conclusion of fact by which the warrant may be uided9 or . when the thins described are limited to those which bear a direct relation to the offense for which the warrant is issued. PRO#A#LE CAUSE ; facts and circumstances which could lead a reasonable, discreet and prudent man to believe that the property sub"ect of an offense is in the place souht to be searched. MULTI FACTOR #ALANCIN3 TEST in determinin /robable 'ause8 One which re4uires the officer to weih the manner and intensity of the interference on the riht of the people, the ravity of the crime committed, and the circumstances attendin the incident. S&ction 8' EHamination o( com+lainant r&cord'
(anner on how a "ude should e?amine a witness to determine the e?istence of probable cause8 1. the "ude must e?amine the witnesses personally +. the e?amination must be under oath . the e?amination must be reduced to writin in the form of searchin 4uestions and answers Such personal e?amination is necessary in order to enable the "ude to determine the e?istence or non; e?istence of a probable cause. S&ction 9' Issuanc& and (orm or s&arc* )arrant' ISSUANCE OF SEARC" 6ARRANT The 'onstitution ordains that no warrant shall issue but upon probable cause supported by oath or affirmation. FORM OF SEARC" 6ARRANT The search warrant must be in writin and must contain such particulars as the
REMEDIAL LAW COMMITTEE CHAIRPERSON: Jinky Ann Uy ASST. CHAIRPERSONS: Allen Fariñas, Maricris Oronea EPS : Mar!essa N"ylan, C#arissi$ae %en!"ra, Jocelyn &a'ala SU(JECT HEAS: Jona O'iña )Ci*il Proce+"re- Alnaia Hasi$an )S/ecial Ci*il Ac!ions an+ S/ecial Procee+in0s- Jeenice +e Sa0"n )Cri$inal Proce+"re- Elaine Mas"ka! )E*i+ence
San Beda College of Law 187
MEMORY AID name of the person aainst whom it is directed, the offense for which it was issued, the place to be searched and the specific thins to be seized. )n application for a search warrant is heard e?;parte. t is neither a trial nor a part of the trial. The e?amination or investiation, which must be under oath may not be in public. t may be even held in the secrecy of the chambers. t must be under oath and must be in writin.
IN REMEDIAL LAW
) search warrant conducted at niht without direction to that effect is an unlawful search. The same rule applies where the warrant left blank the HtimeI for makin the search. ) public officer or employee who e?ceeds his authority or uses unnecessary severity in e?ecutin the warrant is liable under )rticle 1+C of the Revised /enal 'ode. S&ction $%' Validit, o( s&arc* )arrant'
S&ction ;' S&arc* o( *ous& room or +r&mis&s to =& mad& in +r&s&nc& o( t)o )itn&ss&s'
n order to insure that the e?ecution of the warrant will be fair and reasonable, and in order to insure that the officer conductin the search shall 0OT e?ceed his authority or use unnecessary severity in e?ecutin the search warrant, as well as for the officer5s own protection aainst un"ust accusations, it is re4uired that the search be conducted in the presence of the8 1. lawful occupant of the place to be searched, +. or any member of his family, . or in their absence, in the presence of two witnesses of sufficient ae and discretion residin in the same locality. This re4uirement is mandatory.
1D days from its date, thereafter, it shall be void. ) search warrant can be used only once, thereafter it becomes functus oficio. 7hile, under section 1D, a search warrant has a validity of 1D days, 0&6&RT2&:&SS, it ')00OT be used every day of said period and once articles have already been seized under said warrant, it ')00OT be used aain for another search and seizure, &E'&/T when the search conducted on one day was interrupted, in which case the same may be continued under the same warrant the followin day if not beyond 1D day period. !+y ;#eyin vs. illareal, -2 P#il. 6* S&ction $4' D&li-&r, o( K+ro+&rt, and in-&ntor, t*&r&o( to court r&turn and +roc&&din.s t*&r&on'
S&ction . when it is incident of inspection9 @. under the Tariff and 'ustoms 'ode for purposes of enforcin customs and tariff laws9 A. searches and seizures of vessels and aircraft9 this e?tends to the warrantless search of a motor vehicle for contraband9
where no ob"ection of the search warrant was raised durin the trial of the case nor to the admissibility of the evidence obtained throuh said warrant. S&ction $7' A motion to /uas* a s&arc* )arrant or to su++r&ss &-id&nc& )*&r& to (il&'
Search and seizure of vessels and aircraft may validly be made without a search warrant because the vessel or aircraft can 4uickly move out of the "urisdiction before such warrant could be secured.
ilin of motion to 4uash is without pre"udice to any proper recourse to the appropriate hiher court by the party arieved.
0 72)T 'O#RT ()- ) (OTO0 TO
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