1

CRIM PRO LECTURE

1. Estafa – madaming acts sya so continuing, this constitute commission of estafa, between
the date from – approximate the period.
2. GENERAL RULE : Civil action must be suspended until crim case is finally determined.
Pwede ang offended party file to consolidate. I consolidate sa crim action. Ano purpose?
For these two cases – joint trial. Save time money and effort. Is there another remedy
when there is previous civ action and crim. Is it possible that civ action in davao then crim
case is in pasay. Pwede! Kasi civ action mayoption sya na kugns an sya nag reside.
3. If accuse dies before arraignement – MD. Because he died before crim prosec
commenced.
4. What if he died after arraignment and during trial?

Rules 116 – 119

Arraignment
1. Officially commences the criminal prosecution
2. It’s the arraignment that commences the procedure
3. WHY? Because holds the constitutional rights of the accused which is the right of the
accused to know the nature and cause of accusation against him
4. Accused MUST BE PRESENT
a. Absence of accused – will cause him warrant of arrest or will lose right to avail
remedies
i. If posted bond, cash bond will be forefeited in the govt. surety bond –
bodning company directed to produce body ng accused 60 days.
Judgement against bond.. bodning company to pay the court. Accused will
be arrested
b. Remedy of the accused sa warrant of arrest for failure to appear the arraignment
i. Move for lifting of warrant arrest. Court will hear it. Exaplain sa motion
bakit wala ka sa arraignment nay un. If granted, warrant of arrest will be
lifted.
5. When must an accused be present?
a. Arraignement kasi must know the nature and cause of accusation against him.
Pleads guilty or not guilty
b. For identification by the eyewitness. If hindi, issue of warrant fo arrest. When
prosecution requires him to be present for identification prupose – kasi in crim
case not only prosec not only need to prove elements of crim, dapat prove din
that the one who committed the crime was really the accused.
c. Promulgation of judgement. Under rule 120. What happens if he does not appear?
He will lose his rights to avail of the remedies against judgement.
d. Court requires his presence. If does not, cause warrant of arrest.
6. What happens during arraignment?
 2

a. Allegation in the complaint or info will be read to him in the language known and
assisted by his counsel. He must personally enter his plea. Immm after
arraignment, must be given copy of information
b. If he refuses enter plea – court will enter plea of not guilty.
c. Pag nag sabi pa ng exculpatory defenses – plea of not guilty dapat pa din ito.
d. What if “yes your honor I am guilty but I have to be given the mitigating
circumstance of voluntary plea “ – NOT CONDITIONAL PLEA OF GUILTY.
e. I am guilty your honor but penalty should be minimize blab la… -- conditional ito.
Not allowed.

7. Are there instances when arraignment should be deferred or suspended?

a. Under the continuous speedy trial act, motion to defer arraignment is NOT
allowed. Unless based on three grounds under rule 116 :
i. Unsound mind si accused
1. Pwede ito motu proprio
ii. If there is prejudicial question (know the elements)
iii. There is pending petition for review before the doj
1. When pet resolved then doj reverses sabi no probable cause to file info. Doj order prosec to
withdraw info.. BAWAL! ONCE THE CASE HAS BEEN FILED IN COURT, COURT HAS THE
DISCRETION WHETHER PROCEED OR NOT. CANNOT BE BOUND RESOL NG PROSEC OR NG DOJ.
Court already found probable cause when they issued warrant or issued commitment order
within 10 from filing information.
8. Remedies when accused may avail before arraignment
a. Motion to quash under any ground under rule 117
b. Bill of particulars – just like civil action before ifile answer. – the act complained of
as a felony ang vague dapat.
c. PURPOSE : for him to be able to intelligently enters his plea
9. Is the presence of offended party during arraignment necessary?
a. Not indispensable. However, important if accused offers to plea bargain. If plea
guilty to a lesser offense. Plea bargaining equivalent sa amicable settlement sa civ
action.
10. When may accused enters plea bargain?
a. Before arraignment
b. Before pre trial
c. Even at the first instance of arraignemmtn
d. Can also be done during pre trial but must be done before judgement
e. Provided offended party consents
11. What if offended party does not appear?
a. Prosec …

Motion to Quash

1. Redmedy available before arraignment ; before entering his plea.

2. Grounds? 10 grounds
 3

a. Does not constitute offense – info

b. Loj – sm
c. Loj – person
d. Officer no authority to do so yung gumawa info
e. It was not subscribed or substantial form ang info
f. Crim action extinguished
g. Double jeopardy
h. More than one offense
3. Is the enumeration exclusive? YES
4. So if ground ay not given to chance or notify during prelim investi- BAWAL
5. If may irregularity daw kasi wala subpoenea sa prelim inv – BAWAL pa din
6. Irregularity or wala prelim investigation.. – BWAL pa din
7. Under continuous guidelines – they are prohibited.
a. Motion to quash on these grounds are prohibited kasi wala sya sa enumeration.
8. MOTION TO QUASH denied. Fave case to ni judge wagan. The enumeration is exclusive. And
that irregularity or lack of prelim investigation is not a ground to quash.
a. Complaint was sex harassment, pero sabi prosec ay acts of lasciviousness.. so bawal
dapat. Pero sabi ni judge NO! prosec conducting prelim inv has the wide discretion to
determine which offesnse should be . pwedeng hindi yugn finile ng compalintant. Prosec
has discretion whom and what to be charged.
9. Thses grounds must be raised in motion to quash.
10. Can these raised after arraignment after plea of guilty. NO!! if he did not file motion to quash,
those quash are deemed waived.
a. If that happens, can any of these grounds be still raised after the accused plea?
i. Meron non waivable.
1. Do not consti offense
2. No jurisidcition
3. Crim action exting
4. Double jeop
ii. They can still be filed even after arraignment pero ang ififile na dapat ay MOTION TO
DISMISS.
11. What is the rule, when does accused be arraigned?
a. Single sala : 10 days at the time it is filed
b. Multiple sala : 10 days records are given to judge to whom case is raffled.
12. Lets say after raffled sa judge yung case, he posted bail. Will the 10 day period? Wala
distinction. Arraignment pa din. Court need not follow the 10 day period.
13. If the acuused is under detention and complaint or info was filed, it is not arraignemd
between the 10 day period.. he can file a MD not MQ. Ground? Right to speedy trial ay
violated. This is also a remedy before arraignemnet, accused may file a MD. Right to speedy
trial
14. If accused is not under detention, info filed. Judge has 10 days to prob cause. Nahuli.. so
nagpyansa… when sya dapat I arraign? Within 30 days from the time he posted bail.
15. Warrant arrest. Nahuli. Di nagpost bail. When arraign? Within 10 days he was arrested.
16. Important to kasi if nag elpases at di na arraign… pwede ma dismiss kasi right to speedy trial.
 4

17. Which of these 9 grounds, what is the nature of motion to quash granted? FINAL ORDER.
Subject of an appeal.
18. If granted motion to quash – FINAL ORDER. NOT APPEALABLE. Purpose: there are remedies
against final order
19. What is the other nature of granting motion to quash? Order is without prejudice. Meaning
without prejudice with filing.
a. Exceptions:
i. Ground upon motion to quash is based is that the crim action or crim liability has
been extinguished. Can no longer be filed. Crimes presecirbed. Penalty prescribed
ii. When there is double jeop.
20. What if ang ground ay does not consti offense? Aayusin na ni fiscal ang information. Provided
prescriptive period has not set in.
a. Libel – 1 year
b. Check prescriptions
c. If ang ginawang ground ay loj – ififile sa may juris na lang provided hindi prescribesd.
21. If wala daw auth- I rerefile this time may authority na daw.
22. If info or complaint without approval prosec – in the doj – PROSECUTOR GENERAL ang mag
aapprove. If sa metropolitan areas, component cities, - CITY PROSEC. Who may file sa
provincial prosec sa town, municipalites – PROVINCIAL PROSEC. Can this be delagted? Yes
provided there is written auth.
23. Before you file MQ na merong duplicity. Explain sa client na pwede ka ma convict with three
offenses alleged.
a. Explain mo to na oo remedy sya motion to quash pero possible dumami ang warrant of
arrest.
24. Check prescriptions rule 90. Do not apply sa special laws.
25. Anti trafficking – 10 – 20 yrs prescriptive
26. If no presctivpe – act 3326 --
27. DOUBLE JEOP
a. Requisites
i. Prev acqut or conv
ii. Termindated without his express consent
iii. By competent court – juris over sm and juris over the place where crim committed
iv. Upon a valid complaint or info – based on alleg can convicted sufficient to convict
accused. Subscribed
v. He must have enter plea
b. MUST ALL CONCUR PARA MAATTACH DOUB JEOP
28. What if in prosec.. your honor walang witness today, we move dismissal kasi prosec essential
witness di ang apper- dismissed. Pero si prosec nag re file. Can the accused now file—double
jeop. NO. kasi dismissal is with prejudice. Why? He was the one who moved for dismissal.
29. Your honor wala kami witness we moved for dismissal. Fiscal, no your honor. Dapat may
second chance kami.. your honor we object because this is evidence in chied=f and yet wala
sila witness.. fiscal : we will not object provided it is provisional. Accused consents. So
provisionally dismissed. Eh dumating na si complainant gusto na mag testify. So nag revive si
 5

fiscal. Accused file a motion to dismiss on ground of doub jeop has attached. BAWAL TO. Kasi
provisional dismissal is with his expressed consent.
30. Dapat without his express consent – para may double jeop.
31. Pag may express consent niya – cannot invoke doub jeop and pwede pa ma revive case
32. Can he quash ground na illegally arrested? YES. Loj over person accused.
33. Even during presentation dfense evid, even if nagpresent ka as to the illegality, di na
coconsider ng court yan. Why? That ground is deemed waived. Does that preclude in
presenting evidence? That he is illegaly arrested? NO. since his arrest is illegal then items
obtained as incident is illegal din. Inadmissible sya. There is big difference sa issue of illegality
of arrest – kasi dapat motion to quahsh and inadmissibility because it was seized not as an
incident to a lawful arrest but by virtue illegal arrest. Fruit of poisonous tree.
34. Dapat sabihin mo din na inadmissible yugn evid kasi nakuha sya sa illegality ng arrest.
35. Illegality – before arraignment – motion to quash
36. Inadmissibility of evid – during trial
37. What is the action in the court when we grant Motion to quash. Kung kunyari does not consti
offense. Court may pumayag file amend. Does not substantially in subscribed form.

PROVISIONAL DISMISSAL

1. When prosecution’s witnesses did not appear. Pwede pagbigyan pero may warning… pwede
na madismiss.
2. Accused must give his express consent.
3. If it is prov dismissal – accused must onsent ; if wala consent – permanent dismissal.
4. If accused pleas guilty to a lesser offense – offended party consent or prosecutor.
5. Under continiuse guideleine : once two year expires, case is permanenelty dismissed.
Automatically permanent dismissed.

PRE TRIAL
1. Civil cases appearance of both parties – mandatory
2. Crim cases appearance of both parties – not indispensable. However, accused would appear
and offended party must be present pag may ple bargain.
3. Victimless crimes –
4. Conditional examination of witnesses – meron nito.
5. Not correct that court should issue warrant of arrest if accused failed to appear during pre
trial. WHY? His presence is indispensable UNLESS during arraign court issued order that
accused required to appear during pre trial.
6. After pre trial will issue a pre trial order.
a. Civil cases : stipulations, limitations, simplication of issues. Meron din nito sac rim
cases. Signed by parties but still admission and stipulation bind them. Bound sila sa
stipulation
b. Crimc ases : admission of accused will not ind him UNTIL he signs the pre trial order
i. Pag hindi ? prosec will file issuance of warrant. Kasi mahihirapan si fiscal kasi
may admission
 6

7. Judicial admissions need no proof of evid wala na presentation of evidence.

8. ADR
a. But under continuous trial.. civil aspect of crimc ases cognizable by first elvel court are
mediation. When nangyayri to? During pre trial. Civil aspect. If mediation successful.
Compromise as to the civil aspect only. Ang criminal aspect ay continue.
9. If installment basis – di nagbayad… prov dismissal only one year so nag aarchive ang kaso.

TRIAL (state witness and period)

1. Order trial is self explanatory. Important ay ang periods. Kasi substantial dahil violation
ito sa speedy trial.
2. Within 180 days or 6mos.
3. When will this start? After pre trial. Kkasi after 30 day, start na ang 180
a. But it seemed under continuous trial they fixed reckoned from arraignment na
upto to the termination of the case.
4. When prosec files motion to discharge isa ay state witness. Two or more charge.. prosec
has burden of presenting evid that sought to be charged is material or substantive or
necessary for prosecution that it can be substantiated in all material points. It should not
appear to be the most guilty or moral turpi blab la. Once discharge he will no longer be
the accused but state witness
a. When there are two or more accused pwede may conspiracy.. so remember that
in conspiracy, act of one is act of all.. acts of the other there will be same penalty
for all.
5. Taking of dposition – pending action pwede sya sac rim action. In deposition .. outside
before any other judge or notary public. Not before judge whom case is filed or pending..
conditional examination of witness.. present nila sa before arraignment.. in court nauna
lang sya. Testi is so essential sa case or cause of events.
6. Consolidation- walang severance. Severance lang ay civil cases. Bakit may severance sa
civil? Kasi may jointing ditto of cause of action. Wala sac rim case ito.
7. When is this consodlidation? 5 counts of rape, estafa, bp 22, blab la… they arose from
same incident. Founded same facts and cirucmstances so what should be done? MOTION
TO CONSOLIDATE. Why? Because it will still maintain its distinct case in order to have
joint traial para prosec and accused be utilize in same evidence. Purpose? Expedite
proceedings so as not to waste time of court and parties and save expenses.
8. Procedure? These four toher cases consolidates sa case na may lowest docket number.
Kasi yung lowest docket number was obviulsy the first one to be filed. The rest have to be
consolidated lang.
a. Can only be done if these two or more case are founded on the same facts or arose
same incidents.
b. Subject to discretion of court.

Demurrer of evidence
1. In crimc ases , accused has option of either asking leave or not. If asked leav to file dem,
then if dme is denied, he will still have chance to present evid. If he did not asked leave
 7

then he imm filed dem possible> YES and if denied. Wala na sya right to rpesent evid tapos
convicted sya. Kasi denied demurrer eh. Ibig sabihin, evidence presented by prosec is
sufficient.
2. When will we grant dem. If evid presented by prosec is insufficient to prove the guilt
beyond reas doubt. If not one or all of elemnts in the comm of crime were not established
or beyond reasonable doubt.
3. Civil cases : no option. File lang dem. If granted, Dismissed sya. But If reversed, no more
chance to present evidence.
4. In criminal cases : how many days? Only 5 days from time prosec rest. NON EXTENDIBLE.
Lalo na sa continuous gruildeins.
5. Once granted leave, non extendible 10 days to file
6. Demurrer evid : moving dismissal of case. On ground that prosec was not able to prove
guilt beyond reasonable doubt
7. Will there be finding civil liability? NOT yet. Kasi if we grant, insuffi yun.
a. If granted. Final order.. mr, new trial, appeal – pwede na
b. Does court needs to resolve civil liability? YES.
8. Acquittal or conviction
a. May conviction na wala civil liability – kapag failed to present civil liability.
However if the criems are murder, hom, all the special complex crims rob with
hom rape with hom arson with hom, frustrated rob with hom, all of those, even if
there is no evidence sa actual damages, by prevailing juris dapat may indeminity
na iaaward by the fact alone that death incurred. Moral damages din should be
awarded. Pag ma resibo base receipt damages. If wala temperate damages. May
exem damages
b. What if rape only. Indemnity, moral, exemplary,
9. Remedy sa trial – Reopening of the trial. What is this remedy? Motion to reopen the
proceedings.
a. Done before judgement is promulgated. And the only ground is that there is
miscarriage of justice (violation of right to be heard)
b. What is miscarriage of justice : if there is violation of rights of the accused. Due
process not observed kasi di sya anbigyan opp to present evid.
c. Prosec pwede din mag avail nito. Kasi due process is afforded din sa prosec.

JUDGEMENT

1. Acquittal or conviction – final orders. So may same remedies. Judgement on the merits.
2. Conviction = impose penalty or proper. Depending sa aggrav or mitigating.. civil liability
a. Exception : if there is no civil liability involved. Victimless crimes. So court will not
determine civil liability. (NO DETERMIANTION OF CIVIL LIABILTIY)
i. Separate civil action. – no award of civil action
ii. Cviil liability has been waived or expressly waived.
iii. Civil action was suspended was not consolidated sa crima ction
3. Is it possible court finds him guilty sa offense charged, possible din ban a no finindg of civil
liability? Yes kasi maybe because offended party did not present proof of such civil
 8

liability. Offended party did present receipts show na shinoukder niya. So wala factual
basis
4. However, crimes like murder, frustrated… or other special complex crimes.. check
previoyus. – may death indemnity ito
5. Surviving spouse testified that they incurred expenses of the burial of his husband.