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San Beda College of Law Anthony Escasinas135
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
CRIMINAL PROCEDURE
Criminal Jurisdiction power of theState to try and punish a person for aviolation of its penal laws.
REQUISITES FOR A VALID EXERCISE OFCRIMINAL JURISDICTION:
1. The offense, by virtue of theimposable penalty OR its nature,is one which the court is by lawauthorized to take cognizanceof, (jurisdiction over theSUBJECT MATTER).
2. The offense must have beencommitted within its territorialjurisdiction, (jurisdiction overthe TERRITORY).
3. The person charged with theoffense must have been broughtto its presence for trial, forciblyby warrant of arrest or upon hisvoluntary submission to thecourt, (jurisdiction over thePERSON OF THE ACCUSED).
JURISDICTIONOVER THESUBJECT MATTER
JURISDICTIONOVER THE PERSONOF THE ACCUSED
Derived from the
law. It can never be
acquired solely by
consent of the
accused.
May be acquired by
consent of the
accused or by waiver
of objections.
Objection that the
court has no
jurisdiction of the
subject matter may
be made at any stage
of the proceeding,
and the right to
make such objection
is never waived.
If he fails to make his
objection in time, he
will be deemed to
have waived it.
DETERMINATION OF CRIMINALJURISDICTION:
1. Determined by the allegations inthe complaint or information notby the results of proof or by thetrial courts appreciation of theevidence presented.
2. Determined by the law in forceat the time of the institution ofthe criminal action. ONCEVESTED, IT CANNOT BEWITHDRAWN BY:a) subsequent valid amendment
of the information; orb) a subsequent statutory
amendment of the rules ofjurisdiction, UNLESS theamendatory law providesotherwise.
RULE 110PROSECUTION OF OFFENSES
Section 1. Institution of criminalactions.
For offenses where a preliminaryinvestigation is required - by filing thecomplaint with the proper officer for thepurpose of conducting the requisite
preliminary investigation.
Preliminary investigation is REQUIRED foroffenses where the penalty prescribedby law is at least 4 years, 2 months and1day without regard to fine (Rule 112,Sec. 1 Par.2).
For all other offenses - by filing thecomplaint or information directly withthe Municipal Trial Courts and MunicipalCircuit Trial Courts, or the complaintwith the office of the prosecutor.
DOES NOT APPLY to offenses which aresubject to summary procedure.
Effect of institution of the criminalaction:It interrupts the running of the period ofprescription of the offense chargedunless otherwise provided by speciallaws.
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San Beda College of Law Anthony Escasinas136
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
Remedies of the offended party if theprosecutor refuses to file aninformation:
1. file an action for mandamus, in
case of grave abuse ofdiscretion;
2. lodge a new complaint beforethe court having jurisdiction overthe offense;
3. take up the matter with theSecretary of Justice inaccordance with the Rev.Administrative Code;
4. institute an administrativecharges against the erringprosecutor; and
5. file criminal action against theprosecutor with thecorresponding civil action fordamages.
May Injunction Issue to RestrainCriminal Prosecution?GENERAL RULE: Criminal prosecutionsmay NOT be restrained or stayed byinjunction, preliminary or final. Thereason being, public interest requiresthat criminal acts be immediatelyinvestigated and prosecuted for the
protection of the society (Domingo vs.Sandiganbayan, 322 SCRA 655).EXCEPTIONS:1. To afford adequate protection to the
constitutional rights of the accused;2. When necessary for the orderly
administration of justice or to avoidoppression or multiplicity of actions;
3. When there is a prejudicial questionwhich is subjudice;
4. When the acts of the officer arewithout or in excess of authority;
5. When the prosecution is under aninvalid law, ordinance or regulation;6. When double jeopardy is clearly
apparent;7. When the court had no jurisdiction
over the offense;8. When it is a case of persecution
rather than prosecution;9. When the charges are manifestly
false and motivated by lust forvengeance; and
10.When there is clearly no prima faciecase against the accused and a
motion to quash on that ground hasbeen denied.
Section 2. Form of the complaint or
information.
FORM1. In writing;2. In the name of the People of the
Philippines; and3. Against all persons who appear
to be responsible for the offenseinvolved.
Section 3. Complaint defined.
A Complaint is:1. a sworn written statement;2. charging a person with an
offense;3. subscribed by the offended
party, any peace officer or otherpublic officer charged with theenforcement of the law violated.
The complaint mentioned in this sectionrefers to one filed in court for thecommencement of a criminalprosecution for violation of a crime,usually cognizable by municipal trial
courts as well as to a complaint filed byan offended party in private crimes orthose which cannot be prosecuted deofficio.
REQUISITES OF A COMPLAINT:1. it must be in writing and under
oath;2. it must be in the name of the
People of the Philippines;3. it must charge a person with an
offense; and
4. it must be subscribed by theoffended party, by any peaceofficer or public officer chargedwith the enforcement of the lawviolated.
PERSONS WHO CAN FILE A COMPLAINT1. Offended party2. Any peace officer3. Other public officer charged
with the enforcement of the lawviolated
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MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
ex. Internal Revenue Officer forviolation of the NIRC, customagents with respect to violationsof the Tariff and Customs Code
Section 4. Information defined.
An Information is:1. an accusation in writing;2. charging a person with an
offense;3. subscribed by the prosecutor and
filed with the court.
REQUISITES OF AN INFORMATION1. it must be in writing;2. it must charge a person with an
offense;3. it must be subscribed by the
fiscal; and4. it must be filed in court.
COMPLAINT INFORMATION
Subscribed by the
offended party, any
peace officer or other
officer charged with
the enforcement of
the law violated
Subscribed by the
fiscal
(indispensable
requirement)
it may be filed either
in court or in the
prosecutors office
it is filed with the
court
must be made under
oath
need not be under
oath
Prosecution in the RTC are alwayscommenced by information, EXCEPT:
1. in certain crimes against chastity(concubinage, adultery,seduction, abduction, acts oflasciviousness); and
2. defamations imputing any of theaforesaid offenses wherein asworn written complaint isrequired in accordance withsection 5 of this Rule.
Section 5. Who must prosecutecriminal actions.FULL DISCRETION AND CONTROL OFTHE PROSECUTORAll criminal actions commenced by acomplaint or information shall be
prosecuted under the direction andcontrol of the prosecutor.
A PRIVATE PROSECUTOR may be
authorized to prosecute a criminalaction subject to the followingconditions:
1. the public prosecutor has aheavy work schedule, or there isno public prosecutor assigned inthe province or city;
2. the private prosecutor isauthorized IN WRITING by theRegional State Prosecutor (RSP),Provincial or City Prosecutor;
3. the authority of the privateprosecutor must be approved bythe court;
4. the private prosecutor shallcontinue to prosecute the caseuntil the end of the trial unlessthe authority is withdrawn orotherwise revoked by the RSP,Provincial or City Prosecutor;and
5. In case of the withdrawal orrevocation of the authority ofthe private prosecutor, the samemust be approved by court.
(Memo Circ. No. 25, April 26,2002, Regarding Amendment toSec. 5, Rule 110)
In appeals before the CA and the SC, it isonly the Solicitor General that isauthorized to bring and defend actions inbehalf of the People of the Philippines(People vs. Nano, 205 SCRA 155).
In all cases elevated to theSandiganbayan and from the
Sandiganbayan to the SC, the Office ofthe Ombudsman, through its SpecialProsecutor shall represent the People ofthe Philippines, EXCEPT in cases filedpursuant to E.O. Nos. 1, 2, 14 and 14-A,issued in 1986 (Sec. 4, RA 8249).
PROSECUTION OF CRIMES AGAINSTCHASTITY
WHO MAY PROSECUTE1. Concubinage and adultery only by
the offended spouse who should
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MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
have the status, capacity, and legalrepresentation at the time of filingof the complaint, regardless of age;
2. Seduction, Abduction and Acts of
Lasciviousness prosecutedexclusively and successively by thefollowing persons in this order:a) by the offended womanb) by the parents, grandparents or
legal/judicial guardians in thatsuccessive order
c) by the State in the exercise ofthe right of parens patriae,when the offended party dies orbecomes incapacitated beforeshe could file the complaint andshe has no known parents,grandparents or guardian.
3. A defamation imputing to a personany of the foregoing crimes ofconcubinage, adultery, seduction,abduction, rape or acts oflasciviousness can be prosecutedonly by the party or parties defamed(Article 360, last par., Revised PenalCode).
If the offended party is of legal age ANDdoes not suffer from physical or mental
disability, she alone can file thecomplaint to the exclusion of all others.
WHO CAN GIVE PARDON1. Concubinage and adultery - only
the offended spouse, not otherwiseincapacitated, can validly extend thepardon or consent contemplatedtherein.
2. Seduction, abduction, and acts oflasciviousnessa) the offended minor, if with
sufficient discretion, can validlypardon the accused by herself ifshe has no parents or where theaccused is her own father andher mother is dead;
b) the parents, grandparents orguardian of the offended minor,in that order, CANNOT extend avalid pardon in said crimesWITHOUT the conformity of theoffended party, even if thelatter is a minor;
c) if the offended woman is of ageand not otherwise incapacitated,only she can extend a validpardon.
The pardon refers to pardon BEFOREfiling of the criminal complaint in court.Pardon effected after the filing of thecomplaint in court does NOT prohibit thecontinuance of the prosecution of theoffense EXCEPT in case of marriagebetween the offender and the offendedparty.
PARDON vs. CONSENTConsent refers to future acts, whilepardon refers to past acts of adultery.The importance of this distinction is thatconsent, in order to absolve the accusedfrom liability, is sufficient even ifgranted only to the offending spouse,whereas pardon must be extended toboth offenders
The SUBSEQUENT MARRIAGE between theoffended party and the accusedextinguishes the criminal liability of thelatter, together with that of the co-principals, accomplices and accessories.
EXCEPT:1. where the marriage was invalid
or contracted in bad faith inorder to escape criminalliability,
2. in private libel3. in multiple rape, insofar as the
other accused in the other actsof rape respectively committedby them are concerned.
The ACQUITTAL OR DEATH of one of
the accused in the crime of adulterydoes not bar the prosecution of theother accused (People vs. Topio, et al.,35 Phil. 901). HOWEVER, the death ofthe offended spouse before the filing ofthe complaint for adultery bars furtherprosecution, BUT if the offended spousedied after the filing of the correspondingcomplaint, his death will NOT preventthe proceeding from continuing to itsultimate conclusion.
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San Beda College of Law Anthony Escasinas139
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
DESISTANCE of complainant does notbar criminal prosecution but it operatesas waiver of the right to pursue civilindemnity.
Section 6. Sufficiency of complaint orinformation.
CONTENTS OF A VALID COMPLAINT ORINFORMATION
1. Name of the accused, includingany appellation or nicknameAn error in the name of theaccused is not reversible as longas his identity is sufficientlyestablished and this defect iscurable at any stage of theproceedings as the insertion ofthe real name of the accused ismerely a matter of form.
2. The designation of the offense3. The acts or omissions
complained of as constitutingthe offense
4. The name of the offended party5. The approximate time of the
commission of the offense6. The place wherein the offense
was committed
PURPOSE OF THE RULE1. To inform the accused of the
nature and cause of accusationagainst him.
2. To notify the defendant of thecriminal acts imputed to him sothat he can duly prepare hisdefense.
Substantial defect in the informationcannot be cured by evidence that would
jeopardize the accuseds right to beinformed of the true nature of theoffense he is being charged with
Section 7. Name of the accused.
PURPOSEThe manifest intent of the provision is tomake a specific identification of theperson to whom the commission of anoffense is being imputed.
Section 8. Designation of the offense.
The information or complaint must stateor designate the following whenever
possible:1. The designation of the offense
given by the statute.2. The statement of the acts or
omissions constituting theoffense, in ordinary, concise andparticular words.
3. The specific qualifying andaggravating circumstances mustbe stated in ordinary and conciselanguage.
The qualifying and aggravatingcircumstances cannot be appreciatedeven if proved UNLESS alleged in theinformation.
In case of allegation of aggravatingcircumstance of HABITUALDELINQUENCY, it should not be generallyaverred. The information must specifythe requisite data regarding:
1. the commission of the crimes;2. the last conviction or release;3. the other previous conviction or
release of the accused.
ALLEGATIONS PREVAIL OVERDESIGNATION OF THE OFFENSE IN THEINFORMATION
It is not the designation of the offense inthe complaint or information that iscontrolling (People vs. Samillano, 56SCRA 573); the facts alleged therein andnot its title determine the nature of thecrime (People vs. Magdowa, 73 Phil.
512).
The accused may be convicted of acrime more serious than that named inthe title or preliminary part if suchcrime is covered by the facts alleged inthe body of the information and itscommission is established by evidence(Buhat vs. Court of Appeals, 265 SCRA701).
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San Beda College of Law Anthony Escasinas140
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
Limitation on the rule that an accusedmay be convicted of a crime which ismore serious than that named in thetitle so long as the facts alleged the
more serious offense:
An accused could not be convicted underone act when he is charged with aviolation of another if the change fromone statute to the other involves:
a) a change in the theory of thetrial;
b) requires of the defendant adifferent defense; or
c) surprises the accused in any way(U.S. vs. Panlilio, 28 Phil. 603)
.Section 9. Cause of the accusation.
PURPOSE1. to enable the court to pronounce
proper judgment;2. to furnish the accused with such
a description of the charge as toenable him to make a defense;
3. as a protection against furtherprosecution for the same cause.
RULE ON NEGATIVE AVERMENTS
GENERAL RULE: Where the statutepenalizes generally the acts thereindefined and is intended to apply to allpersons indiscriminately, the informationis sufficient even if does not allege thatthe accused falls within the exceptedsituation, for then the completedefinition of the offense is entirelyseparable from the exceptions and canbe made without reference to the latter.In this case, the exception is a matter ofdefense which the accused has to prove.
EXCEPTION: Where the statute allegedto have been violated applies only to aspecific class of persons and to specialconditions, the information must allegefacts establishing that the accused fallswithin the specific class affected and notthose affected from the coverage of law.Where negative averment is an essentialelement of the crime, it must be proved.
Section 10. Place of commission of theoffense
PURPOSE
To show territorial jurisdiction.
Section 11. Date of commission of theoffense
GENERAL RULE:It is NOT required that the complaint orinformation state with particularity thePLACE where the crime was committedand the DATE of the commission of thecrime.EXCEPTION:If the PLACE/DATE of the commission ofthe offense constitutes an essentialelement of the offense.
Section 12. Name of the offended party
GENERAL RULE: The offended partymust be designated by name, nickname,any other appellation or by fictitiousname.EXCEPTION: In crimes against property,the description of the property mustsupplement the allegation that the
owner is unknown.
Section 13. Duplicity of offense.
There is duplicity when the complaint orinformation charges 2 or more DISTINCTor DIFFERENT offenses.
GENERAL RULE:A complaint or information must chargeonly one offense.EXCEPTIONS:
1. Complex crimes2. Special Complex crimes3. Continuous crimes or delicto
continuado4. Crimes of which another offense
is an ingredient
Should there be duplicity of offense inthe information, the accused must movefor the quashal of the same BEFOREarraignment
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San Beda College of Law Anthony Escasinas141
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
arraignment, otherwise, he is deemed tohave waived the objection and maybefound guilty of as many offenses as thosecharged and proved during the trial.
Section. 14. Amendment orsubstitution.
KINDS OF AMENDMENT1. BEFORE THE PLEA covers both
substantial and formalamendment, WITHOUT leave ofcourt.
2. AFTER THE PLEA covers onlyformal amendment provided:a) leave of court is obtainedb) such amendment is not
prejudicial to the rights ofthe accused.
EXCEPT when a fact superveneswhich changes the nature of thecrime charged in the informationor upgrades it to a higher crime,in which case, there is a needfor another arraignment of theaccused under the amendedinformation.
An amendment is only in form where it
neither affects nor alters the nature ofthe offense charged OR where thecharge does not deprive the accused of afair opportunity to present his defenseOR where it does not involve a change inthe basic theory of the prosecution.
Substitution If it appears at anytimebefore judgment that a mistake has beenmade in charging the proper offense, thecourt shall dismiss the original complaintor information upon the filing of a new
one charging the proper offense,provided the accused shall not be placedin double jeopardy.
Limitation to the rule on substitution:1. No judgment has yet been
rendered.2. The accused cannot be convicted
of the offense charged or of anyother offense necessarilyincluded therein.
3. The accused would not be placedin double jeopardy.
AMENDMENT SUBSTITUTION OFINFORMATION OR
COMPLAINT
May involve either
formal or substantialchanges
Involves substantial
change from theoriginal charge
Amendment before
the plea has been
entered can be
effected without
leave of court.
Substitution of
information must be
with leave of court
as the original
information has to be
dismissed.
Amendment is only
as to form, there is
no need for another
preliminary
investigation and theretaking of the plea
of the accused.
Another preliminary
investigation is
entailed and the
accused has to plead
anew to the newinformation
An amended
information refers to
the same offense
charged in the
original information
or to an offense
which necessarily
includes or is
necessarily included
in the original
charge, hence
substantial
amendments to the
information after the
plea has been taken
cannot be made over
the objection of the
accused, for if the
original information
would be withdrawn,
the accused could
invoke doublejeopardy.
Requires or
presupposes that the
new information
involves a different
offense which does
not include or is not
necessarily included
in the original
charge, hence the
accused cannot claim
double jeopardy.
VARIANCE BETWEEN INDICTMENT ANDPROOF (Situations Contemplated)
1. When the offense proved is lessserious than, and is necessarilyincluded in, the offense charged,in which case the defendantshall be convicted of the offenseproved.
2. When the offense proved is more
serious than and includes the
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San Beda College of Law Anthony Escasinas142
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
offense charged, in which casethe defendant shall be convictedof the offense charged.
3. When the offense proved is
neither included in, nor does itinclude, the offense charged andis different therefrom, in whichcase the court should dismiss theaction and order the filing of anew information charging theproper offense.
The third situation set forth above issubstitution of information under Section14, Rule 110.
Section 15. Place where action is to beinstituted.
PURPOSEThe purpose being not to compel thedefendant to move to, and appear in adifferent court from that of the territorywhere the crime was committed, as itwould cause him great inconvenience inlooking for his witnesses and otherevidence in another place (Beltran vs.Ramos, 96 Phil. 149).
VENUE IS JURISDICTIONALVenue is jurisdictional as the court hasno jurisdiction to try an offensecommitted outside its territorialjurisdiction. It cannot be waived, orchanged by agreement of the parties, orby the consent of the defendant.
GENERAL RULE: Subject to existinglaws, in all criminal prosecutions, theaction must be instituted and tried inthe courts of the municipality or
territory where the offense wascommitted or any of its essentialingredients occurred.
EXCEPTIONS TO THE RULE OF VENUE:1. Felonies under Art. 2 of the
Revised Penal Code Shall be cognizable by the
proper court where thecriminal action was firstfiled.
2. Complex Crimes Where the crime charged is a
complex crime, the RTC ofany province in which any
one of the essentialelements of such complexcrime had been committedhas jurisdiction to takecognizance of the offense.
3. Continuing Offense - is onewhere the elements of whichoccur in several places, (unlike aLOCAL OFFENSE - one which isfully consummated in one place) The venue is in the place
where one of its essentialelements was consummated.
4. Piracy The venue of piracy,unlike all other crimes, has noterritorial limits.
5. Libel The action may beinstituted at the election of theoffended or suing party in theprovince or city:a) where the libelous article is
printed and first published;b) if one of the offended
parties is a privateindividual, where said
private individual actuallyresides at the time of thecommission of the offense;
c) if the offended party is apublic official, where thelatter holds office at thetime of the commission ofthe offense.
6. In exceptional circumstances toensure a fair trial and impartialinquiry. The SC shall have thepower to order a change of
venue or place of trial to avoidmiscarriage of justice (Section5[4], Article VIII, 1987Constitution).
Section 16. Intervention of theoffended party in criminal action.
GENERAL RULE: Offended party has theright to intervene by counsel in theprosecution of the criminal action,where the civil action for recovery of
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San Beda College of Law Anthony Escasinas143
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
civil liability is instituted in the criminalaction pursuant to Rule 111.
EXCEPTIONS:
1. Where from the nature of thecrime and the law defining andpunishing it, NO civil liabilityarises in favor of the offendedparty; and
2. Where the offended party haswaived his right to civilindemnity OR has expresslyreserved his right to institute acivil action OR has alreadyinstituted said action.
RULE 111PROSECUTION OF CIVIL ACTIONS
Section 1. Institution of criminal andcivil actions.
GENERAL RULE:When a criminal action is instituted, thecivil action for the recovery of civilliability arising from the offense shall bedeemed instituted with the criminalaction.
EXCEPTIONS:1. when the offended party WAIVES
the civil action2. when the offended party
RESERVES his right to institute aseparate civil action
3. when offended party INSTITUTESA CIVIL ACTION PRIOR to thecriminal action.
WHEN RESERVATION SHALL BE MADE1. before the prosecution starts to
present its evidence and2. under circumstances affordingthe offended party to areasonable opportunity to makesuch reservation.
ONLY the civil liability arising fromthe crime charged as a felony is nowdeemed instituted. Civil liability arisingfrom other sources of obligations are nolonger deemed instituted like thoseunder Article 32, 33, 34 and 2176 of the
Civil Code which can be prosecuted evenwithout reservation. In BP 22 cases, no reservation to filethe civil action separately shall be
allowed.
RULES ON FILING FEES OF CIVIL ACTIONDEEMED INSTITUTED WITH THECRIMINAL ACTION
1. NO filing fees are required foramounts of ACTUAL DAMAGES,EXCEPT with respect to criminalactions for violation of BP 22, inwhich case, the offended partyshall pay in full the filing feesbased on the face value of thecheck as the actual damages;
2. Damages other than actual(moral, exemplary and otherdamages) if specified in thecomplaint or information, thecorresponding filing fees shall bepaid, otherwise the court willnot acquire jurisdiction oversuch damages;
3. Where moral, exemplary andother damages are NOT specifiedin the complaint or information,the grant and amount thereof
are left to the sound discretionof the trial court, thecorresponding filing fees neednot be paid and shall simplyconstitute a first lien on thejudgment.
Counterclaims, cross-claims, thirdparty complaints are no longer allowedin a criminal proceeding. Any claimwhich could have been the subjectthereof may be litigated in a separate
civil action.
Section 2. When separate civil action issuspended.
PRIMACY OF CRIMINAL ACTION OVERCIVIL ACTION
1. After the filing of the criminalaction, the civil action which hasbeen reserved CANNOT beinstituted until final judgmenthas been rendered in thecriminal action.
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San Beda College of Law Anthony Escasinas144
MEMORY AID IN REMEDIAL LAW
REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
2. If the civil action is institutedBEFORE the filing of the criminalaction and the criminal action issubsequently commenced, the
pending civil action shall besuspended until final judgmentin the criminal action has beenrendered.
EXCEPTIONS:a) In cases of independent civil
actions based upon Arts. 32, 33,34 and 2176 of the Civil Code;
b) In cases where the civil actionpresents a prejudicial question;
c) In cases where the civil action isconsolidated with the criminalaction; and
d) Where the civil action is not oneintended to enforce the civilliability arising from the offense.
ACQUITTAL IN A CRIMINAL CASE DOESNOT BAR THE FILING OF THE CIVILCASE WHERE:
1. the acquittal is based onreasonable doubt, if the civilcase has been reserved
2. the decision contains adeclaration that the liability of
the accused is not criminal butonly civil in nature and
3. the civil liability is not derivedfrom or based on the criminalact of which the accused isacquitted (Sapiera vs. Court ofAppeals, 314 SCRA 370).
Extinction of the penal action doesnot carry with it the extinction of thecivil action, UNLESS the extinctionproceeds from a declaration in a final
judgment that the fact from which thecivil liability might arise did not exist.
The extinction of the civil liabilityrefers exclusively to civil liability arisingfrom crime; whereas, the civil liabilityfor the same act considered as a quasi-delict is not extinguished even by adeclaration in the criminal case that thecriminal act charged has not happenedor has not been committed by theaccused.
Where the criminal case wasdismissed before trial because theoffended party executed an affidavit ofdesistance, the civil action thereof is
similarly dismissed.
Section 3. When civil action mayproceed independently.
The institution of an independentcivil action against the offender underArticles 32, 33, 34 and 2176 of the CivilCode may proceed independently of thecriminal case and at the same timewithout suspension of either proceeding.
Recovery of civil liability underArticles 32, 33, 34 and 2176 of the CivilCode arising from the same act oromission may be prosecuted separatelyeven without a reservation. Thereservation and waiver herein refers onlyto the civil action for the recovery ofcivil liability arising from the offensecharged (DMPI Employees Credit Coopvs. Velez, G.R. No. 129282, Nov. 29,2001).
PURPOSE
To prevent the offended party fromrecovering damages twice for the sameact or omission.
Section 4. Effect of death on civilactions.
AFTER arraignment and during thependency of the criminal action -extinguishes the civil liability arisingfrom the delict.
BEFORE arraignment - the case shall beDSMISSED without prejudice to any civilaction the offended party may fileagainst the estate of the deceased.
However, the independent civilaction instituted under Section 3 of thisRule or which thereafter is instituted toenforce liability arising from othersources of obligation may be continuedagainst the estate or legalrepresentative of the accused after
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proper substitution or against saidestate, as the case may be.
Section 7. Elements of prejudicial
question.
Prejudicial Question - that which arisesin a case, the resolution of which is thelogical antecedent of the issue involvedtherein, and the cognizance of whichpertains to another tribunal. It must bedeterminative of the case before thecourt but the jurisdiction to try andresolve the question must be lodged inanother court or tribunal.
Rationale: to avoid two conflictingdecisions.
ELEMENTS OF A PREJUDICIALQUESTION1. The civil action must be
instituted prior to the criminalaction.
2. The civil action involves an issuesimilar or intimately related tothe issue raised in the criminalaction.
3. The resolution of such issue
determines whether or not thecriminal action may proceed.
WHERE TO FILE PETITION FORSUSPENSION BY REASON OFPREJUDICIAL QUESTION
1. Office of the prosecutor; or2. court conducting the preliminary
investigation; or3. court where the criminal action
has been filed for trial at anytime before the prosecution
rests.
RULE 112PRELIMINARY INVESTIGATION
Section 1. Preliminary Investigationdefined; when required.
Preliminary Investigation - is an inquiryor proceeding to determine whetherthere exists sufficient ground toengender a well-founded belief that a
crime has been committed and that therespondent is probably guilty thereof,and should be held for trial. (Sec. 1,Rule 112)
Preliminary Investigation is required tobe conducted BEFORE the filing of acomplaint or information for an offensewhere the penalty prescribed by law isat least 4 years, 2 months and 1 daywithout regard to the fine.
There is NO right of preliminaryinvestigation under Section 7, Rule 112when a person is LAWFULLY arrestedunless there is a waiver of the provisionsof Article 125 of the Revised Penal Code.
HOWEVER, the accused can ask forPreliminary Investigation in the followingcases:
1. if a person is arrested, he canask for preliminary investigationBEFORE the filing of thecomplaint/information BUT hemust sign a waiver in accordancewith Article 125, RPC.
2. AFTER the filing of theinformation/complaint, the
accused may, within 5 days fromthe time he learns of its filingask for preliminary investigation.
PURPOSES1. to determine whether a crime
has been committed andwhether there is probable causeto believe that the accused isguilty thereof;
2. to preserve evidence and keepthe witnesses within the control
of the State;3. to determine the amount of bail,if the offense is bailable.
PRELIMINARY INVESTIGATION:PERSONAL STATUTORY RIGHTThe right to preliminary investigation isa personal right covered by statute andmay be waived expressly or byimplication.
Absence of preliminary investigationdoes not affect the jurisdiction of the
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
court or invalidate the information if noobjection was raised by the accused.
REMEDIES OF THE ACCUSED IF THERE
WAS NO PRELIMINARY INVESTIGATION1. Refuse to enter a plea upon
arraignment and object tofurther proceedings upon suchground
2. Insist on a preliminaryinvestigation
3. File a certiorari, if refused4. Raise lack of preliminary
investigation as error on appeal5. File for prohibition
As preliminary investigation is NOT apart of the trial, the dismissal of thecase by the investigator will notconstitute double jeopardy and will notbar the filing of another complaint forthe same offense, but if re-filed, theaccused is entitled to anotherpreliminary investigation (U.S. vs.Marfori, 35 Phil. 666).
Section 2. Officers authorized toconduct preliminary investigation.
PERSONS AUTHORIZED TO CONDUCT APRELIMINARY INVESTIGATION
1. Provincial or city fiscal and theirassistants
2. Judges of the MTC and MCTC3. National and regional state
prosecutors4. Such other officers as may be
authorized by law such as: theCOMELEC, Ombudsman andPCGG
Section 3. Procedure
If respondent cannot be subpoenaed, orif subpoenaed but does not submit hiscounter-affidavit within 10 days,investigating officer shall resolve thecomplaint based on the evidencepresented by the complainant.
RIGHTS OF RESPONDENT IN APRELIMINARY INVESTIGATION
1. to submit counter-affidavits2. to examine evidence submitted
by the complainant
3. to be present in the clarificatoryhearing.
Hearing (optional). It shall be heldwithin 10 days from submission of
counter-affidavits or from theexpiration of the period of their
submission.
Resolution ofinvesti atin rosecutor
Filing of the complaint
accompanied by the affidavitsand supporting documents.
Within 10 days after the filing, theinvestigating officer shall either
dismiss or issue sub oena.
If subpoena is issued,respondent shall submit a
counter-affidavit and othersupporting documents within
10 days from receipt thereof.
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
The Rules do not require the presence ofthe respondent in the PreliminaryInvestigation, what is required is that hebe given the opportunity to controvert
the evidence of the complainant bysubmitting counter-affidavits.
Section 6. When warrant of arrest mayissueProbable Cause - presupposes areasonable ground for belief in theexistence of facts warranting theproceedings complained of;
- an apparentstate of facts found to exist uponreasonable inquiry which would induce areasonably intelligent and prudent manto believe that the accused person hadcommitted the crime charged.
If the judge finds probable cause, heshall issue a warrant of arrest, or acommitment order if the accused hadalready been arrested and hold him fortrial. If the judge is satisfied that thereis no necessity for placing the accusedunder custody, he may issue summonsinstead of warrant of arrest.
The RTC judge need NOT personallyexamine the complaint and witnesses inthe determination of probable cause forthe issuance of the warrant of arrest. Heis only required to:
1. Personally evaluate the reportand the supporting documentssubmitted during the preliminaryinvestigation by the fiscal; and
2. On the basis thereof he may:a) Dismiss;b) Issue warrant; or
c) Require further affidavits.
INSTANCES WHEN MTC MAY CONDUCTPRELIMINARY INVESTIGATION:
1. cases cognizable by the RTC maybe filed with the MTC forpreliminary investigation;
2. cases cognizable by the MTCbecause it is an offense wherethe penalty prescribed by law isat least four (4) years, two (2)months and one (1) day withoutregard to the fine.
In either situation, the MTC isauthorized to issue a warrant of arrest ifthere is necessity of placing therespondent under immediate custody, in
order not to frustrate the ends ofjustice.
CONDITIONS BEFORE THEINVESTIGATING MUNICIPAL TRIALJUDGE CAN ISSUE A WARRANT OFARREST (Herrera, p. 282)
1. Have examined in writing andunder oath the complainant andhis witnesses by searchingquestions and answers; searchingquestions and answers suchquestions as may have thetendency to show thecommission of the crime and theperpetrator thereof;
2. Be satisfied that a probablecause exists; and
3. That there is a need to place therespondent under immediatecustody in order not to frustratethe ends of justice.
If the MTC judge found probablecause but did not believe that the
aforesaid conditions were met, hecannot be compelled by mandamus toissue the same.
REMEDY: The provincial fiscal, if hebelieves that the accused should beimmediately placed in custody, may filethe corresponding information so thatthe RTC may issue the necessary warrantof arrest (Samulde vs. Salvani, Jr., G.R.No. 78606, Sept. 26, 1988).
While the judge may rely on the fiscalscertification thereof, the same is NOTconclusive on him as the issuance of saidwarrant calls for the exercise of judicialdiscretion and, for that purpose, thejudge may require the submission ofaffidavits of witnesses to aid him inarriving at the proper conclusion, OR hemay require the fiscal to conduct furtherpreliminary investigation orreinvestigation.
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
INSTANCES WHEN WARRANT OF ARRESTNOT NECESSARY
1. if the accused is already underdetention;
2. if the complaint or informationwas filed after the accused waslawfully arrested withoutwarrant;
3. if the offense is punishable byfine only.
Section 7. When accused lawfullyarrested without warrant.
TWO SITUATIONS CONTEMPLATEDUNDER THIS RULE:
1. When a person is lawfullyarrested without a warrant foran offense requiring apreliminary investigation (sec. 1,Rule 112) and no complaint orinformation has yet been filed,he may ask for a preliminaryinvestigation by signing a waiverof the provisions of Art. 125 ofthe RPC in the presence of hiscounsel.
2. When the complaint orinformation was filed without
preliminary investigation, theaccused may, within 5 days fromthe time he learns of the filingof the information, ask for apreliminary investigation withthe same right to adduceevidence in his favor in themanner prescribed in this Rule.
The 5-day period is MANDATORY, failureto file the motion within the said periodamounts to waiver of the right to ask for
preliminary investigation.
Where the information was amendedwithout a new preliminary investigationhaving been conducted, the 5-day periodis computed from the time the accusedlearns of the filing of said amendedinformation.
Where the trial court has granted amotion for reinvestigation, it must holdin abeyance the arraignment and trial ofthe
the accused until the prosecutor shallhave conducted and made a report onthe result of such reinvestigation.
The right to bail pending PreliminaryInvestigation under Section 7, Rule 112,a person lawfully arrested may post bailbefore the filing of the information oreven after its filing without waiving hisright to preliminary investigation,provided that he asks for a preliminaryinvestigation by the proper officer withinthe period fixed in the said rule (Peoplevs. Court of Appeals, May 29, 1995).
Section 8. Records
Records of the preliminary investigationshall NOT automatically form part of therecords of the case. Courts are notcompelled to take judicial noticethereof. It must be introduced as anevidence.
Section 9. Cases not requiring apreliminary investigation nor coveredby the Rule on Summary Procedure.
PROCEDURE TO BE FOLLOWED IN CASES
WHICH DO NOT REQUIRE PRELIMINARYINVESTIGATION
1. Evaluate the evidence presented2. Conduct searching questions or
answers3. Require the submission of
additional evidence
For cases under the Revised Rules onSummary Procedure, no warrant shall beissued except where the accused fails to
appear after being summoned.
If the complaint is filed with theprosecutor involving an offensepunishable by imprisonment of less than4 years, 2 months and 1 day, theprocedure in Rule 112, Section 3 (a) shallbe observed.
If the complaint is filed with the MTC,the same procedure under Rule 112,Section 3 (a) shall be observed.
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
RULE 113ARREST
Section 1. Definition of arrest.
Arrest the taking of a person intocustody in order that he may be boundto answer for the commission of anoffense (Sec. 1 Rule 113).
Modes of Arrest1. arrest by virtue of a warrant2. arrest without a warrant under
exceptional circumstances asmay be provided by statute (Sec.5, Rule 113).
ESSENTIAL REQUISITES OF A VALIDWARRANT OF ARREST
1. It must be issued upon probablecause which must be determinedpersonally by a judge afterexamination under oath oraffirmation of the complainantand the witnesses he mayproduce
2. The warrant must particularlydescribe the person to be seized
A warrant of arrest has NO expiry date.It remains valid until arrest is effectedor warrant is lifted.
REMEDY FOR WARRANTS IMPROPERLYISSUEDWhere a warrant of arrest wasimproperly issued, the proper remedy isa petition to quash it, NOT a petition forhabeas corpus, since the court in thelatter case may only order his releasebut not enjoin the further prosecution or
the preliminary examination of theaccused (Alimpoos vs. Court of Appeals,106 SCRA 159).
Posting of bail does not bar one fromquestioning illegal arrest (Section 26,Rule 114, Rules of Court).
Section 2. Arrest; how made.
MODES OF EFFECTING ARREST1. By an actual restraint of the
person to be arrested.
2. By his submission to the custodyof the person making the arrest.
Upon arrest, the following may be
confiscated from the person arrested:1. Objects subject of the offense or
used or intended to be used inthe commission of the crime;
2. Objects which are the fruits ofthe crime;
3. Those which might be used bythe arrested person to commitviolence or to escape;
4. Dangerous weapons and thosewhich may be used as evidencein the case.
Section 5. Arrest without warrant;when lawful
LAWFUL WARRANTLESS ARREST1. When, IN HIS PRESENCE, the
person to be arrested hascommitted, is actuallycommitting, or is attempting tocommit an offense (in flagrantedelicto arrests);
2. When an offense has in fact justbeen committed, and he has
probable cause to believe basedon PERSONAL KNOWLEDGE offact and circumstance that theperson to be arrested hascommitted it; (Doctrine of HotPursuit)
3. When the person to be arrestedis a prisoner who has escapedfrom a penal establishment orplace where he is serving finaljudgment or temporarilyconfined while his case is
pending, or has escaped whilebeing transferred from oneconfinement to another.
4. Where a person who has beenlawfully arrested escapes or isrescued (Sec. 13, Rule 113);
5. By the bondsman for the purposeof surrendering the accused(Sec. 23, Rule 114); and
6. Where the accused attempts toleave the country withoutpermission of the court (Sec. 23,Rule 114).
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
If the arrest was effected withoutwarrant, the arresting officer mustcomply with the provisions of Art. 125 ofthe RPC, otherwise, he may be held
criminally liable for arbitrary detentionunder Article 124 of the RPC.
RULES ON ILLEGALITY OF ARREST1. An accused who enters his plea
of NOT guilty and participates inthe trial waives the illegality ofthe arrest. Objection to theillegality must be raised beforearraignment, otherwise it isdeemed waived, as the accused,in this case, has voluntarilysubmitted himself to thejurisdiction of the court.
2. Illegality of warrantless arrestmaybe cured by filing of aninformation in court and thesubsequent issuance by thejudge of a warrant of arrest.
3. Once a person has been dulycharged in court, he may nolonger question his detention bypetition for habeas corpus, hisremedy is to quash theinformation and/or the warrant
of arrest.
Section 6. Time of making arrest.
Unlike a search warrant which must beserved only in daytime, an arrest may bemade on any day and at any time of theday or night, even on a Sunday. This isjustified by the necessity of preservingthe public peace.
Section 7. Method of arrest of officer
by virtue of warrant.
Under this rule, an arrest may be madeeven if the police officer is not inpossession of the warrant of arrest(Mallari vs. Court of Appeals, 265 SCRA456). Exhibition of the warrant prior tothe arrest is not necessary. However, ifafter the arrest, the person arrested sorequires, the warrant shall be shown tohim as soon as practicable.
Section 8. Method of arrest by officerwithout warrant.
Section 9. Method of arrest by private
person.
Citizens arrest - arrest effected by aprivate person.
Method ofarrest
Exception tothe rule on
givinginformation
Sec. 7 The officer
shall inform
the person tobe arrested
the cause of
the arrest and
the fact that
the warrant
has been
issued for his
arrest.
Note: The
officer need
not have the
warrant in hispossession at
the time of
the arrest BUT
must show the
same after the
arrest, if the
person
arrested so
requires.
1. when
the person to
be arrestedflees;
2. when
he forcibly
resists before
the officer has
an opportunity
to inform him;
and
3. when
the giving of
such
informationwill imperil
the arrest.
Sec. 8 The officer
shall informthe person to
be arrested of
his authority
and the cause
of the arrest
w/out a
warrant
1. when
the person tobe arrested is
engaged in the
commission of
an offense or
is pursued
immediately
its
commission;
2. when
he has
escaped, flees,
or forcibly
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resists before
the officer has
an opportunity
to so inform
him; and3. when
the giving of
such
information
will imperil the
arrest.
Sec. 9 The private
person shall
inform the
person to be
arrested ofthe intention
to arrest him
and the cause
of the arrest.
Note: Private
person must
deliver the
arrested
person to the
nearest police
station or jail,
otherwise, hemay be held
criminally
liable for
illegal
detention.
1. when
the person to
be arrested is
engaged in the
commission ofan offense or
is pursued
immediately
its
commission;
2. when
he has
escaped, flees,
or forcibly
resists before
the officer has
an opportunity
to so informhim; and
3. when
the giving of
such
information
will imperil the
arrest.
Section 10. Officer may summonassistance.
Only an officer making the arrest isgoverned by the rule. It does not cover aprivate individual making an arrest.
Section 11. Right of officer to breakinto building or enclosure.
Requisites before an officer can breakinto a building or enclosure to make anarrest:
1. That the person to be arrested isor is reasonably believed to be in
said building;
2. That he has announced hisauthority and purpose forentering therein;
3. That he has requested and been
denied admittance.
Generally, a lawful arrest may be madeanywhere, even on private property or ina house. This rule is applicable bothwhere the arrest is under a warrant, andwhere there is valid warrantless arrest.
Section 12. Right to break out of thebuilding or enclosure to effect release.
A private person making an arrestCANNOT break in or out of a building orenclosure because only officers areallowed by law to do so.
Section 13. Arrest after escape orrescue.
Where a person lawfully arrestedescapes or is rescued, any person mayimmediately pursue or retake himwithout a warrant at any time and in anyplace within the country. The pursuitmust be immediate.
Section 14. Right of Attorney orrelative to visit person arrested.
RA 7438 defined certain rights of personsarrested, detained, or under custodialinvestigation, with the penalties forviolations thereof.
RULE 114BAIL
Section 1. Bail defined.
Bail -- the security given for the releaseof a person in custody of the law,furnished by him or a bondsman,conditioned upon his appearance beforeany court as required under theconditions specified by the rule (Sec. 1,Rule 114).
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A person is in the custody of lawwhen he has been either arrested orotherwise deprived of his freedom orwhen he has voluntarily submitted
himself to the jurisdiction of the courtby surrendering to the properauthorities.
All persons, except those charged withoffenses punishable by reclusionperpetua when evidence of guilt isstrong, shall, before conviction, bebailable by sufficient sureties, or bereleased on recognizance as may beprovided by law (Section 13, Article III,1987 Constitution).
Forms of bail:1. corporate surety2. property bond3. cash deposit4. recognizance
BAILBOND RECOGNIZANCE
An obligation under
seal given by the
accused with one or
more sureties, and
made payable to the
proper officer withthe condition to be
void upon
performance by the
accused of such acts
as he may legally be
required to perform
an obligation of
record, entered into
before some court or
magistrate duly
authorized to take it,
with the condition todo some particular
act;
Prosecution witnesses may also berequired to post bail to ensure theirappearance at the trial of the casewhere:
1. there is a substitution ofinformation (Sec. 4, Rule110),and
2. where the court believes that amaterial witness may not appearat the trial (Sec. 14, Rule 119).
Section 2. Conditions of the bail;requirements.
CONDITIONS OF BAIL1. The undertaking shall be
effective upon approval, and,
unless cancelled, shall remain inforce at all stages of the caseuntil promulgation of thejudgment of the RTC,
irrespective of whether the casewas originally filed in orappealed to it;
2. The accused shall appear beforethe proper courts whenever sorequired by the court or theseRules;
3. The failure of the accused toappear at the trial withoutjustification despite due noticeshall be deemed a waiver of hisright to be present thereat. Insuch case, the trial may proceedin absentia;
4. The bondsman shall surrenderthe accused to court forexecution of the final judgment.
No additional conditions can be imposed.
A detention prisoner who escaped waiveshis right to cross-examination (Jimenezv. Nazareno).
By filing a fake bail bond, an appellant is
deemed to have escaped fromconfinement during the pendency of hisappeal and in the normal course ofthings, his appeal should be dismissed.
No release or transfer except on courtorder or bail.No person under detention by legalprocess shall be released or transferredexcept upon order of the court or whenhe is admitted to bail (Sec. 3).
Section 4. Bail, a matter of right;exception.
When a matter of right:1. before or after conviction in the
lower courts; AND2. before conviction by the RTC,
EXCEPT when the imposablepenalty is death, reclusionperpetua or life imprisonmentand evidence of guilt is strong.
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
In instances where bail is a matter ofright and the bail to be granted is basedon the recommendation of theprosecution as stated in the information
or complaint, a hearing is NOTnecessary.
But where, however, there is a reductionof bail as recommended or afterconviction by the RTC of an offense notpunishable by death, reclusion perpetua,or life imprisonment wherein the grantof bail is discretionary, there must be ahearing before a bail is granted in orderto afford the prosecution the chance tooppose it (Bangayan vs. Butacan, 345SCRA 301).
The prosecution cannot adduce evidencefor the denial of bail where it is a matterof right. However, where the grant ofbail is discretionary, the prosecutionmay show proof to deny the bail.
An extraditee is not entitled to bail. TheConstitutional provision on Bail as wellas Sec. 4 of Rule 114 applies only when aperson has been arrested and detainedfor violation of Philippine Criminal laws.
It does not apply to extraditionproceedings because extradition courtsdo not render judgments of conviction oracquittal (Govt. of US vs. JudgePurganan, Sept. 24, 2002).
Section 5. Bail, whendiscretionary.
RULES ON AVAILABILITY OF BAIL1. Regardless of stage of the
criminal prosecution, no bail
shall be allowed if the accused ischarged with a capital offense oran offense punishable byreclusion perpetua AND theevidence of guilt is strong (Sec.7);
2. Before and after conviction bythe MTC, Municipal Trial Court orMCTC, bail is a matter of right(Sec.4).
3. Before conviction by the RTCwhether in the exercise of its
original or appellate jurisdiction,bail is a matter of right. (Sec.4)
4. Upon conviction by the RTC of anoffense not punishable by death,
reclusion perpetua or lifeimprisonment, admission to bailis discretionary (Sec. 5);
5. After conviction by the RTCwherein a penalty ofimprisonment exceeding 6 butnot more than 20 years isimposed, and not one of thecircumstances below is presentand proved, bail is a matter ofdiscretion (Sec.5).a) Recidivism, quasi-recidivism
or habitual delinquency orcommission of crimeaggravated by thecircumstances of reiteration.
b) Previous escape from legalconfinement, evasion ofsentence or violation of theconditions of bail withoutvalid justification.
c) Commission of the offensewhile on probation, parole orunder conditional pardon
d) Circumstance of the accused
or his case indicates theprobability of flight ifreleased on bail
e) Undue risk of commission ofanother crime by theaccused during pendency ofappeal.
6. After conviction by the RTCimposing a penalty ofimprisonment exceeding 6 yearsbut not more than 20 years andany of the circumstance
enumerated above and othersimilar circumstance is presentand proved, no bail shall begranted (Sec.5);
7. After judgment has become finalunless accused applied forprobation before commencing toserve sentence of penalty andoffense within purview ofprobation law (Sec. 24).
Section 6. Capital Offense, defined.
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Capital Offense is an offense which,under the law existing at the time of itscommission AND at the time of theapplication to be admitted to bail, may
be punished with death.
If the law at the time of commissiondoes not impose the death penalty, thesubsequent amendment of the lawincreasing the penalty cannot apply tothe case, otherwise it would be ex postfacto, and penalties are determined bythe law at the time of the commission ofthe offense.
If the law at the time of the applicationfor bail has amended the prior law whichimposed the death penalty by reducingsuch penalty, such favorable lawgenerally has a retroactive effect.
Section 7. Capital Offense not bailable.
Capital offense or those punishable byreclusion perpetua, life imprisonment ordeath are NOT BAILABLE when evidenceof guilt is strong.EXCEPTION: If the accused charged witha capital offense is a minor.
Section 8. Burden of proof in bailapplication.
The hearing should be summary orotherwise in the discretion of the courtbut the right of the prosecution tocontrol the quantum of evidence and theorder of presentation of witnesses mustbe equated with the purpose of thehearing to determine the bailability ofthe accused.
The burden of proving that the evidenceof guilt is strong lies within the fence ofthe prosecution. (Comia vs. Antona, 337SCRA 656)
Evidence of guilt is strong when proof isevident or the presumption of guilt isstrong. The test is NOT whether theevidence establishes guilt beyondreasonable doubt but rather whether itshows
shows evident guilt or a greatpresumption of guilt.
Section 9. Amount of bail; guidelines.FACTORS TO BE CONSIDERED IN FIXINGTHE REASONABLE AMOUNT OF BAIL(NOT EXCLUSIVE)
1. Financial ability of the accusedto give bail;
2. Nature and circumstances of theoffense;
3. Penalty for the offense charged;4. Character and reputation of the
accused;5. Age and health of the accused;6. Weight of evidence against the
accused;7. Probability of the accused
appearing at the trial;8. Forfeiture of other bail;9. The fact that the accused was a
fugitive from justice whenarrested; and
10.Pendency of other cases whenthe accused is on bail
Bail must not be in a prohibitoryamount. Excessive bail is not to be
required for the purpose of preventingthe accused from being admitted to bail.
Section 11. Property, how posted.
Property Bond is an undertakingconstituted as a lien on the real propertygiven as security for the amount of thebail (sec11);
It is required that the annotation of alien on the land records of the property
posted as bail, otherwise the propertybail bond shall be cancelled.
Section 12. Qualifications of sureties inproperty bond.Philippine residency is required of aproperty bondsman. The reason for thisis that bondsmen in criminal cases,residing outside of the Philippines, arenot within the reach of the processes ofits courts (Villaseor vs. Abano, 21 SCRA312).
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REMEDIAL LAW COMMITTEECHAIRPERSON:Jinky Ann UyASST.CHAIRPERSONS: Allen Farias, Maricris OroneaEDPS: Martessa Nuylan, CharissimaeVentura, Jocelyn Zabala SUBJECT HEADS:Jona Obia (Civil Procedure); Alnaiza Hasiman (Special Civil Actions and SpecialProceedings); Jeenice de Sagun (Criminal Procedure); Elaine Masukat ( Evidence)
Section 13. Justification of sureties.
The purpose of the rule requiring theaffidavit of qualification by the suretybefore the judge, is to enable the latterto determine whether or not the suretypossesses the qualification to act assuch, especially his financial worth.
The justification being under oath, anyfalsity introduced thereto by the suretyupon a matter of significance wouldrender him liable for perjury.
Section 14. Deposit of cash as bail.
EFFECT OF DEPOSITING CASH AS BAILAccused shall be discharged fromcustody as it is considered as bail.
Section 15. Recognizance
Recognizance - an obligation of record,entered into before some court orofficer authorized to take it with acondition to do some particular act andthe accused is often allowed to obligate
himself to answer the charge.
Section 16. Bail when not required;reduced bail on recognizance.
Instances wherein the accused may bereleased on recognizance, withoutputting bail or on reduced bail:
CAN BERELEASED
WITHOUT BAIL
1. Offense charged is
violation of an
ordinance, lightfelony or a criminal
offense, the
imposable penalty
wherefore does not
exceed 6 months of
imprisonment and/or
fine of P 2,000 under
R.A.6036.
2. Where the accused
has applied for
probation and
before the same
has been resolved
but no bail was filed
or the accused is
incapable of filingone, in which case
he may be released
on recognizance
3. In case of a
youthful offender
held for physical or
mental examination,
trial or appeal, if
unable to furnish bail
and under the
circumstances underPD 603, as amended
ON REDUCEDBAIL OR ON HISOWNRECOGNIZANCE
A person in custody for a
period equal to or more
than the minimum of the
principal penalty
prescribed for the
offense charged, without
application of the
indeterminate sentence
law or any modifying
circumstance shall be
released on reduced bailor on his own
recognizance.
UNDER THEREVISED RULESON SUMMARYPROCEDURE
General Rule: no bail
Exception:
1. When a warrant of
arrest is issued for
failure to appear when
required by the court
2. When the accused
- is a recidivist;
- is a fugitive from
justice;- is charged with
physical injuries
- does not reside in
the place where the
violation of the law or
ordinance is
committed; or
-has not reside in the
place where the
violation of the law or
ordinance is
committed; or
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-has no known
residence
Section 17. Bail, where filed.
1. May be filed with the courtwhere the case is pending, or inthe absence or unavailability ofthe judge thereof, with anotherbranch of the same court withinthe province or city.
2. Whenever the grant of bail is amatter of discretion, or theaccused seeks to be released onrecognizance,
3. the application therefor may befiled only in the particular court
where the case is pending,whether for preliminaryinvestigation, trial or appeal.
4. Any person in custody who is notyet charged in court may applyfor bail with any court in theprovince, city or municipalitywhere he is held.
Section 18. Notice of application toprosecutor.Such notice is necessary because theburden of proving that the evidence of
guilt is strong is on the prosecution andthat the discretion of the court inadmitting the accused to bail can onlybe exercised after the fiscal has beenheard regarding the nature of theevidence in his possession. (People vs.Raba, 130 Phil. 384)
Section 19. Release on bail.
Once the accused has been admitted tobail, h is entitled to immediate release
from custody. An officer who fails orrefuses to release him from detentionnotwithstanding the approval by theproper court of his bailbond, may beheld liable under Article 126 of theRevised Penal Code for delaying release.
Section 20. Increase or reduction ofbail.
The guidelines provided for in Section 9,Rule 114, in fixing the amount of bail are
also applicable in reducing or increasingthe bail previously fixed.
Where the offense is bailable as a matter
of right, the mere probability that theaccused will escape, or even if he hadpreviously escaped while underdetention, does not deprive him of hisright to bail. The remedy is to increasethe amount of the bail, provided suchamount would not be excessive. (SyGuan vs. Amparo, 79 Phil. 670)
Section 21. Forfeiture of bail.
Within 30 days from the failure of theaccused to appear in person as required,the bondsmen must:
a. PRODUCE the body of theirprincipal or give the reason forhis non-production; AND
b. EXPLAIN why the accused did notappear before the court whenfirst required to do so.
The 30-day period granted to thebondsmen to comply with the tworequisites for the lifting of the order offorfeiture cannot be shortened by the
court but may be extended for goodcause shown..ORDER OF FORFEITURE VS. ORDER OFCONFISCATION
1. an ORDER OF FORFEITURE isconditional and interlocutory,there being something more tobe done such as the productionof the accused within 30 days asprovided by the rules an order offorfeiture is not appealable
2. an ORDER OF CONFISCATION isnot independent of the order ofthe order of forfeiture. It is ajudgment ultimately determiningthe liability of the suretythereunder, and therefore finaland execution may issue at once.
Section 22. Cancellation of bailbond.
INSTANCES WHEN BAIL BOND CAN BECANCELLED
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1. upon application by thebondsman with notice to thefiscal and upon surrender of theaccused; and
2. upon proof that the accuseddied.
The bail bond is automatically cancelledupon the acquittal of the accused ordismissal of the case or execution of thefinal order of conviction, withoutprejudice to any liability on the bondincurred prior to their discharge.
METHODS BY WHICH SURETIES MAYRELIEVE THEMSELVES FROMRESPONSIBILITIES
a. Arrest the principal and deliverhim to the proper authorities;
b. They may cause his arrest to bemade by any police officer orother person of suitable age ordiscretion; or
c. By endorsing the authority toarrest upon a certified copy ofthe undertaking and delivering itto such officer or person
Section 23. Arrest of accused out on
bail.
An accused released on bail may be re-arrested without a warrant if heattempts to depart from the Philippineswithout prior permission of the courtwhere the case is pending.
Section 24. No bail after finaljudgment; exception.
GENERAL RULE: The finality of the
judgment terminates the criminalproceeding. Bail becomes of no avail.The judgment contemplated is ajudgment of conviction. The judgment isfinal if the accused does not appeal theconviction.
No bail shall be granted after judgment,if the case has become final even ifcontinued confinement of the accusedwould be detrimental or dangerous to hishealth. The remedy would be to submit
him to medical treatment orhospitalization.
EXCEPTION: If the accused applies forprobation he may be allowed temporaryliberty under his existing bail bond, or ifno bail was filed, or is incapable of filingone, he may be released onrecognizance to the custody of aresponsible member of the community
The application for probation must befiled within the period of perfecting anappeal. Such filing operates as a waiverof the right to appeal. The accused inthe meantime, is entitled to be releasedon bail or recognizance. (Sec. 4, PD 968,as amended)
Section 25. Court supervision ofdetainees.
The employment of physical,psychological or degrading punishmentagainst any prisoner or detainee or theuse of substandard or inadequate penalfacilities under subhuman conditions
shall be dealt with by law (Section 19(2),Article III, 1987 Constitution).
Section 26. Bail not a bar to objectionon illegal arrest, lack of or irregularpreliminary investigation.
AN APPLICATION FOR OR ADMISSION TOBAIL SHALL NOT BAR THE ACCUSED
a. from challenging the validity ofhis arrest OR
b. legality of the warrant issued
therefore, ORc. from assailing the regularity orquestioning the absence ofpreliminary investigation of thecharge against him, PROVIDED,he raises them before enteringhis plea.
RULE 115RIGHTS OF THE ACCUSED
This rule enumerates the rights of aperson accused of an offense, which are
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both constitutional as well as statutory,save the right to appeal, which is purelystatutory in character.
Section 1. Rights of the accused at thetrial.
A. TO BE PRESUMED INNOCENTIn all criminal prosecutions, the accusedis presumed innocent until the contraryis proved beyond reasonable doubt.
Reasonable Doubt is that doubtengendered by an investigation of thewhole proof and an inability, after suchinvestigation, to let the mind rest easyupon the certainty of guilt. Absolutecertainty of guilt is not demanded by thelaw to convict of any criminal charge butmoral certainty is required, and thiscertainty is required as to everyproposition of proof requisite toconstitute the offense.
Equipoise rule where the evidenceof the parties in a criminal case areevenly balanced, the constitutionalpresumption of innocence should tilt infavor of the accused and must be
acquitted.
B. TO BE INFORMED OF THE NATUREAND THE CAUSE OF THE ACCUSATIONAGAINST HIM.An accused cannot be convicted of anoffense unless it is clearly charged in thecomplaint or information. To convict himof an offense other than that charged inthe complaint or information would be aviolation of this constitutional right(People vs. Ortega, 276 SCRA 166).
When a person is charged in a complaintwith a crime and the evidence does notshow that he is guilty thereof, but doesshow that he is guilty of some othercrime or a lesser offense, the court maysentence e him for the lesser offense,PROVIDED the lesser offense is a cognateoffense and is included in the complaintwith the court.
C. TO BE PRESENT AND DEFEND INPERSON AND BY COUNSEL AT EVERYSTAGE OF THE PROCEEDING
THE PRESENCE OF THE ACCUSED ISREQUIRED ONLY
1. During arraignment (Sec. 1b,rule 116)
2. Promulgation of judgmentEXCEPT when the conviction isfor a light offense, in whichcase, it may be pronounced inthe presence of his counsel or arepresentative
3. When ordered by the court forpurposes of identification
Not applicable in SC and CA - The lawsecuring to an accused person the rightto be present at every stage of theproceedings has no application to theproceedings before the Court of Appealsand the Supreme Court nor to the entryand promulgation of their judgments Thedefendant need not be present in courtduring the hearing of the appeal. (Sec. 9Rule 124)
Accused may waive his right to bepresent during the trial. HOWEVER, hispresence may be compelled when he isto be identified. (Aquino, Jr. vs. MilitaryCommission, 63 SCRA 546)
EFFECTS OF WAIVER OF THE RIGHT TOAPPEAR BY THE ACCUSED
1. waiver of the right to presentevidence;
2. prosecution can present
evidence if accused fails toappear;3. the court can decide without
accuseds evidence.
TRIAL IN ABSENTIAIt is important to state that the provisionof the Constitution authorizing the trialin absentia of the accused in case of hisnon-appearance AFTER ARRAIGNMENTdespite due notice simply means that hethereby waives his right to meet thewitnesses face to face among others.
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Such waiver of a right of the accuseddoes not mean a release of the accusedfrom his obligation under the bond to
appear in court whenever so required.The accused may waive his right but nothis duty or obligation to the court.
REQUIREMENTS FOR TRIAL IN ABSENTIA1. accused has been arraigned2. he has been duly notified of the
trial3. his failure to appear is
unjustified
An escapee who has been duly tried inabsentia waives his right to presentevidence on his own behalf and toconfront and cross-examine witnesseswho testified against him. (Gimenez vs.Nazareno, 160 SCRA 1)
D. RIGHT TO COUNSELThe right covers the period beginningfrom custodial investigation, well intothe rendition of the judgment and evenon appeal. (People vs. Serzo, Jr., 274SCRA 553)
If during the investigation the assistinglawyer left, or come and go, thestatement signed by the accused is stillinadmissible because the lawyer shouldassist his client from the time theconfessant answers the first questionasked by the investigating officer untilthe signing of the extrajudicialconfession. (People vs. Morial, 363 SCRA96)
The right to counsel and the right to
remain silent do not cease even after acriminal complaint/information hasalready been filed against the accused,AS LONG AS he is still in custody.
The duty of the court to appoint acounsel de oficio when the accused hasno legal counsel of choice and desires toemploy the services of one isMANDATORY only at the time ofarraignment. (Sec. 6 Rule 116)
E. TO TESTIFY AS WITNESS IN HIS OWNBEHALFA denial of the defendants right totestify in his behalf would constitute an
unjustifiable violation of hisconstitutional right. (People vs.Santiago, 46 Phil. 734)
If the accused testifies, he may be cross-examined but ONLY on matters coveredby his direct examination, unlike anordinary witness who can be cross-examined as to any matter stated in thedirect examination or connectedtherewith (Section 6, Rule 132). Hisfailure to testify is not taken against himbut failure to produce evidence in hisbehalf is considered against him (U.S. vs.Bay, 97 Phil. 495).
F. RIGHT AGAINST SELF-INCRIMINATION
The accused is protected under this rulefrom questions which tend to incriminatehim, that is, which may subject him topenal liability.
The right may be waived by the failureof the accused to invoke the privilege at
the proper time, that is, AFTER theincriminating question is asked andbefore his answer;
The privilege of the accused to beexempt from testifying as a witnessinvolves a prohibition against testimonialcompulsion only and the production bythe accused of incriminating documents,and articles demanded from him. (U.S.vs. Tan Teng, 23 Phil. 145)
EXCEPTIONS: immunity statutes such as:1. RA 1379 Forfeiture of Illegallyobtained wealth
2. RA 749 Bribery and Graft cases
RIGHT OF THE ACCUSED AGAINST SELF-INCRIMINATION VS. RIGHT OF THAT OFAN ORDINARY WITNESSThe ordinary witness may be compelledto take the witness stand and claim theprivilege as each question requiring anincriminating answer is shot at him, anaccused may altogether refuse to take
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the witness stand and refuse to answerany and all questions.
G. RIGHT TO CONFRONT AND CROSS-EXAMINE THE WITNESSES AGAINST HIMAT TRIAL
Confrontation is the act of setting awitness face-to-face with the accused sothat the latter may make any objectionhe has to the witness, and the witnessmay identify the accused, and this musttake place in the presence of the courthaving jurisdiction to permit theprivilege of cross-examination.
The main purpose of the right toconfrontation is to secure theopportunity of cross-examination and thesecondary purpose is to enable the judgeto observe the demeanor of witnesses.
In any criminal proceeding, thedefendant enjoys the right to havecompulsory process to secure theattendance of witnesses and theproduction of evidence in his behalf.
H. RIGHT TO SPEEDY, IMPARTIAL ANDPUBLIC TRIALThe right to a speedy trial is intended toavoid oppression and to prevent delay byimposing on the courts and on theprosecution an obligation to proceedwith reasonable dispatch.
The courts, in determining whether theright of the accused to a speedy trial hasbeen denied, should consider such factsas the length of the delay, the accusedsassertion or non-assertion of his right,
and the prejudice to the accusedresulting from the delay.
There is NO violation of the right wherethe delay is imputable to the accused.(Solis vs. Agloro, 64 SCRA 370)
REMEDIES AVAILABLE TO THE ACCUSEDWHEN HIS RIGHT TO A SPEEDY TRIAL ISVIOLATED
1. He should ask for the trial of thecase not for the dismissal;
2. Unreasonable delay of the trialof a criminal case as to make thedetention of defendant illegalgives ground for habeas corpus
as a remedy for obtainingrelease so as to avoid detentionfor a reasonable period of time
3. Accused would be entitled torelief in a mandamus proceedingto compel the dismissal of theinformation.
IMPARTIAL TRIALDue process of law requires a hearingbefore an impartial and disinterestedtribunal, and that every litigant isentitled to nothing less than the coldneutrality of an impartial judge. (Mateo,Jr. vs. Villaluz, 50 SCRA 180)
Public trial one held openly orpublicly; it is sufficient that the relativesand friends who want to watch theproceedings are given the opportunity towitness the proceedings.
EXCLUSION OF THE PUBLIC IS VALIDWHEN:
1. evidence to be produced is
offensive to decency or publicmorals;
2. upon motion of the accused;(Sec. 21, Rule 119)
RULE ON TRIAL BY PUBLICITYThe right of the accused to a fair trial isnot incompatible to a free press.Pervasive publicity is not per se asprejudicial to the right to a fair trial. Towarrant a finding of prejudicialpublicity, there must be allegations and
proof that the judges have been undulyinfluenced, not simply that they mightbe, by the barrage of publicity. (Peoplevs. Teehankee, 249 SCRA 54)
I. RIGHT TO APPEAL ON ALLCASES ALLOWED BY LAW AND IN THEMANNER PRESCRIBED BY LAW.The right to appeal from a judgment ofconviction is fundamentally of statutoryorigin. It is not a matter of absoluteright, independently of constitutional or
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statutory provisions allowing suchappe