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MARCH 19 2019

Rule 113
(Arrest)

Requisites for arrest warrant


Probable cause
Identification of person to be arrested

No need to personally examine complainant and his witnesses or conduct trial de novo in determining pro
People vs Dela Torre-Yadao 685 S 264

Meaning of “in his presence”


People vs Alunday 564 S 135

When to challenge
People vs Santiago 642 S 639
Sy vs People 655 S 395

When waived? Effect?


Diega vs CA 655 S 399
People vs Racho 626 S 633

Meaning of “probable cause”; “Reliable information not enough”


People v. Doria 301 S 728
People vs Racho ibid

“Personal Knowledge / Hot Pursuit”


People vs Uyboco GR 178039, January 19, 2011

Rule 114
(Bail)

Definition
Zuño v. Cabebe 444 S 382

When discretionary?
before conviction
after conviction
penalty is imprisonment 6 years +; bailable under five circumstances but subject to review after conviction

Bail after conviction


Leviste vs CA 615 S 619

Bail In Capital Offenses


application by accused
hearing
Prosecution evidence (becomes part of trial on the merits)
Defense evidence

Capital offense
People vs. Dacudao, 170 S 489
Bravo v. De Borja 134 S 466

Denial of petition for bail; remedy?

Recognizance
only when allowed by law

a. R.A. 6036
i. violation of city/municipal ordinance
ii. light felony; penalty not higher than six (6)
months and/or fine of P2,000.00
b. P.D. 603
- youthful offender can be commuted to Department of Social Welfare and Development if unable to post b

Custody of the law vs jurisdiction over the person of the accused: Relevance?
Miranda v Tuliao 486 S 377
Alawiya v Court of Appeals GR 164170, April 16, 2009

Bail When Not Required

Bail Where Filed

Notice to Prosecution mandatory

Bail No Bar rule

Rule 115

Rights of Accused at Trial


To Due Process
Marquez vs Sandiganbayan 641 S 175
To be informed
People vs Francisco 635 S 440

To present evidence and be heard


People vs Bodoso 623 S 580
Miguel vs Sandiganbayan 675 S 560

To confront accusers and witnesses


Go vs People 671 S 213

To counsel of own choice


People vs Serzo GR 118435 June 20, 1997
People vs Lara 678 S 332

Waiver of Right to Counsel


People vs. Nicandro 141 S 289

Against Self-incrimination:
P v. Yatar 428 S 504

Against Double Jeopardy


Bangayan Jr vs Bangayan 659 S 590
People vs Court of Appeals 660 S 323
People vs Sandiganbayan 631 S 128
Ysidoro vs Leonardo de Castro 665 S 1
People vs Sandiganbayan 665 S 89
People vs Atienza 673 S 470

Trial in Absentia
Parada v. Veneracion 269 S 371

Presence Required
- arraignment
- promulgation
- Prosecution will present witness to identify accused

The Right to Cross-Examine


Nature
Waivable
Effect of Death of Witness
Fulgado vs. Court of Appeals 182 S 81
Compulsory Process
attendance of witnesses
production of other evidence

Right to Speedy Trial


(1987 Constitution, Art. III, Sec. 1)
Speedy Trial Act of 1998 (RA 8493)
Re: Circular No. 38-98
Villareal vs People 664 S 519
Mari vs Gonzales 657 S 414
Imperial vs Joson 635 S 71

Remedy vs. Denial of Right to Speedy Trial


Motion to Dismiss
Sec. 14, SC Circular No. 38-98

MARCH 26, 2019

Rule 116
Arraignment and Plea

Effect of Denial
People vs. Alicando 251 SCRA 293

No arraignment in absentia
Nolasco vs Enrile 139 SCRA 502

Plea to A Lesser Offense


Gonzales III vs Office of the President 679 S 614

Plea to a Capital Offense


People vs. Camay 152 S 401

What is Searching Inquiry?


People vs. Dayot 187 S 637
People vs. Alicando, supra

Plea to Non-Capital Offense

Effect of Improvident Plea of Guilty


People vs Baharan 639 S 157
Plea must be unconditional
People vs. Patrick de Luna 174 S 204

Illegal arrest waived if not raised in arraignment


People vs Aminola 630 S 384
People vs Tan 634 S 773

Rule 117
Motion to Quash

Defined
Antone v Beronillo 637 S 615

Waived if not pleaded


Except: no offense charged
lack of jurisdiction over offense
extinction of offense
double jeopardy

No jurisdiction over person


People vs Palma 614 S 784
Rebellion vs People 623 S 343

Facts do not constitute offense


Soriano vs People 611 S 191

Rule on Double Jeopardy


(see cases under Rule 115 supra)
Jeopardy will attach even if case is dismissed by a Motion to Dismiss

Test of Identity of offenses


People v Pimentel 288 S 542
People vs. Doriguez 24 S 163

No double jeopardy for prosecution of graver offenses under special circumstances (Section 7)

Remedy vs denial of motion to quash


Galzote vs Briones 657 S 535

Rule 118
(Pre-Trial)
Pre-trial – Mandatory
Within 30 days after court acquires jurisdiction over the person

Subject of Pre-trial (a) to (f)

Pre-trial Agreement
Pre-Trial Order

Pre-trial Agreeents
See Section 3, RA 8493)

Rule 119
Trial

Trial in absentia

Presentation of evidence is not for trial court or accused to decide; strictly prosecutorial prerogative

Joint trial

Separate trial

Consolidation

State Witness
Conditions for discharge
- absolute necessity
- absence of other direct evidence
- corroboration
- not most guilty
- no prior conviction

Difference between state witness and protected witness


RA 6981
Yu vs Hon Presiding Judge GR 142848 June 30, 2006
Soberano vs People GR 154629 October 5, 2005

Demurrer
People v Sandiganbayan (Fourth Division) 665 S 89
Ong v. People 342 S 372
Bautista vs Cuneta-Pangilinan 684 S 521
APRIL 2, 2019
Rule 120
(Judgment)

Requirements of a Valid Judgment


D’Aigle vs People 675 S 206
Abellana vs People 655 S 683

Judgment for 2 or more Offenses


- in case of variance
People vs Villamar, GR No, 121175, Nov 4, 1998
People vs Rellota 626 S 422

Acquittal and dismissal compared

Finality of Judgment
- except penalty is death penalty, subject to review

State may challenge acquittal/dismissal


Villareal vs People 664 S 519
Merciales vs Court of Appeals GR 124171 March 18, 2002

Rule 121
(New Trial or Reconsideration)

Grounds different from new trial in civil cases


Errors of law
New and material evidence
Saludaga vs Sandiganbayan 619 S 364
Payumo vs Sandiganbayan 654 S 277

Distinguish from Motion to Re-open or Motion for Reconsideration


Agulto vs. Court of Appeals 181 S 80

Effects of New Trial/Reconsideration

Rule 122
(Appeal)

Procedural remedies
Ysidro vs Leonardo de Castro ibid
Not part of due process; only statutory privilege
Dimarucot vs People 630 S 659

Who can appeal acquittal/dismissal?


Bautista vs Cuneta-Pangilinan 684 S 521

Period to Appeal
Yu vs Hon Rosa Samson-Tatad and People, GR 170979, Feb 9, 2011

Appeal will “open whole case” for review


People vs Maraorao 674 S 151
People vs Dulay 681 S 638
People vs Brainer 683 S 505

Effect of appeal on non-appellants


Salvatierra vs CA, GR 115998, June 11, 2000
People vs Brillantes 671 S 388

Rule 124
(Procedure – Court of Appeals)

Title of case to review the same

Rule in Filing Briefs: 30 – 30 – 20 (days)

Power to Receive Evidence


- instances

Motion for New Trial

Rule 125
(Procedure – Supreme Court)

Same as in Court of Appeals

Effect when En Banc Court equally divided

Rule 126
(Search and Seizure)

Search Warrant : defined


Distinguish from warrant of arrest
Mantaring v. Roman, Jr. (254 SCRA 158 [1996])
- where applied
- what may be seized
- requisites to issuance

Malalaon vs CA 232 SCRA 249

People v. Court of Appeals 291 S 400


validity of warrant
- search and seizure without warrant
- instances

Rule 127
(Provisional Remedies in Criminal Cases)
Provisional Remedies in civil actions also available in criminal cases, so far as applicable (Sec. 1).
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19 rule 113-115
26 rule 116-119
2 rule 120-127

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