Professional Documents
Culture Documents
Rule 113
(Arrest)
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
When to challenge
People vs Santiago 642 S 639
Sy vs People 655 S 395
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
Capital offense
People vs. Dacudao, 170 S 489
Bravo v. De Borja 134 S 466
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
Rule 115
Against Self-incrimination:
P v. Yatar 428 S 504
Trial in Absentia
Parada v. Veneracion 269 S 371
Presence Required
- arraignment
- promulgation
- Prosecution will present witness to identify accused
Rule 116
Arraignment and Plea
Effect of Denial
People vs. Alicando 251 SCRA 293
No arraignment in absentia
Nolasco vs Enrile 139 SCRA 502
Rule 117
Motion to Quash
Defined
Antone v Beronillo 637 S 615
No double jeopardy for prosecution of graver offenses under special circumstances (Section 7)
Rule 118
(Pre-Trial)
Pre-trial – Mandatory
Within 30 days after court acquires jurisdiction over the person
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
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)
Finality of Judgment
- except penalty is death penalty, subject to review
Rule 121
(New Trial or 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
Period to Appeal
Yu vs Hon Rosa Samson-Tatad and People, GR 170979, Feb 9, 2011
Rule 124
(Procedure – Court of Appeals)
Rule 125
(Procedure – Supreme Court)
Rule 126
(Search and Seizure)
Rule 127
(Provisional Remedies in Criminal Cases)
Provisional Remedies in civil actions also available in criminal cases, so far as applicable (Sec. 1).
VOLUNTEER
19 rule 113-115
26 rule 116-119
2 rule 120-127