PRACTICE COURT i.

PLEA BARGAINING

a) b) c)

Plea Bargaining in criminal cases is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval. It usually involves the defendants pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge. Sec. 2 of Rule 116 of ROC provides that at the arraignment, the accused may plead guilty to a lesser offense. The court shall allow the plea provided the ff requisites concur: a) b) The lesser offense is necessarily included in the offense charged; and The plea must be with the consent of both the offended party and the prosecutor

Issue an order to that effect; Proceed to receive evidence on the civil aspect of the case; and Render and promulgate judgment of conviction, including the civil liability or damages duly established by the evidence

ii.

IMPEACHMENT OF WITNESS

Impeachment is a technique employed usually as part of the cross-examination to discredit a witness by attacking his credibility. The impeachment of a witness is to be done by the party against whom the witness is called. The party producing the witness is barred from impeaching his own witness. By way of exception, if the witness is unwilling or hostile, the party calling him may be allowed by the court to impeach the witness. But WON the witness is hostile is addressed to judicial evaluation and the declaration shall be made only if the court is satisfied that a) b) c) the witness possesses an interest adverse to the party calling him or there is adequate showing that the reluctance of the witness is unjustified or that he misled the party calling him as a witness.

Duty of the judge when PB fails When PB fails, the judge shall adopt the minutes of the preliminary conference as part of the pre-trial proceedings, confirm the markings of exhibits, admissions of genuineness and due execution of documents, list object and testimonial evidence, scrutinize every allegation in the information, scrutinize affidavits and documents forming parts of the records of the preliminary investigation, define factual issues, ask parties to agree on specific dates for the trial, require the parties to submit the names, addresses and contact numbers of witnesses to be summoned, consider modification of the trial if the accused admits the charge but interposes a lawful defense. No need for information/complaint amendment of

The acceptance of an offer to plead guilty to a lesser offense is not demandable by the accused as a matter of right but is a matter addressed entirely to the sound discretion of the trial court. Hence, the use of the word may in the rules. Also, the rules allow the plea of guilty to a lesser offense after arraignment but before trial after the accused had withdrawn his prior plea. Furthermore, the rule on the provisions on Pre-Trial in Rule 118 indicates that plea bargaining is one of the matters to be considered during the pre-trial stage. However, it has been held that it may also be considered during the trial proper and even after the prosecution has finished presenting its evidence and rested its case. It is immaterial that plea bargaining was not made during the pre-trial stage or that it was made only after the prosecution already presented several witnesses. It is incumbent upon a trial judge to ascertain and be fully convinced that the plea of guilty was voluntarily made and its consequences fully comprehended by the accused. Duty of the judge when PB is agreed upon If plea bargaining is agreed upon, the court shall

Sec. 11 of Rule 132 of ROC specifies the manner of impeaching the witness of the adverse party A witness may be impeached by the party against whom he was called by contradictory evidence, by evidence that his general reputation for truth, honesty or integrity is bad, or by evidence that he had made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense. Impeachment by Contradictory Evidence Normally the basis of this mode of impeachment is a declaration made by the witness in his direct testimony. The cross-examiners intention is to show to the court that there were allegations made by the witness that do not correspond to the real facts of the case. This mode of impeachment may also be used to contradict conclusions made by expert witnesses during their testimonies. Usually the adverse party may also call another expert to testify to a contrary conclusion.

When there is a plea of guilty to a lesser offense and the same was allowed by the court, there is no need to amend the information or complaint. A conviction under this plea shall be equivalent to a conviction of the offense charged for purposes of double jeopardy. When plea of guilty to a lesser offense is not mitigating A plea of guilty made after arraignment and after trial had begun does not entitle the accused to have such plea considered as mitigating. CASE: An offer to enter a plea of guilty to a lesser offense cannot be considered as an attenuating circumstance under the provision of Art. 13 of RPC because to be voluntary, the plea of guilty must be to the offense charged.

Impeachment by Prior Inconsistent Statements Before a witness can be impeached by evidence that he has made at other times statements inconsistent with his present testimony, there is a need for laying the predicate. The elements of this foundation is found under Sec. 13 of Rule 132 of ROC: that the statements must be related to him, with the circumstances of the times and places and the persons present, and he must be asked whether he made such statements, and if so, allowed to explain them. If the statements be in writing, they must be shown to the witness before any question is put to him concerning them. Impeachment by showing bad reputation One way to impair a witness credibility is by showing a not so pleasing reputation. However, not every aspect of a persons reputation may be the subject of impeachment. Evidence of bad reputation for the purpose of impeachment should refer only to the ff specific aspects: for truth, for honesty, or for integrity

Specific Objections Objections which point out the specific ground of the objection, and if it does not do so, no error is committed in overruling it. Formal Objection One directed against the alleged defect in the formulation of the question (ambiguous, leading, misleading, repetitious, multiple, argumentative questions) Substantive Objection Objection made and directed against the very nature of the evidence (parol, not the best evidence, hearsay privileged communication not authenticated, opinion, res inter alios acta) Objections must be Timely In order to be timely, the objection must be made at the earliest opportunity. What the earliest opportunity depends upon the manner the evidence is offered. Under Sec. 36, par. 1 of Rule 132 of the ROC , if the evidence is offered orally, objection to the evidence must be made immediately after the offer is made. Under Sec. 36, par. 2 of Rule 132 of the ROC , an objection to a question propounded in the course of the oral examination of the witness shall be made as soon as the grounds therefore shall become reasonably apparent. Under Sec. 36, par. 3 of Rule 132 of the ROC , an offer of evidence in writing shall be objected to within 3 days after notice of the offer unless a different period is allowed by the court. Waiver of Objections There is waiver when there is failure to point out some defect, irregularity or wrong in the admission or exclusion of evidence. Failure to assert an objection promptly and specifically is a waiver. Evidence not objected may be deemed admitted and may be validly considered by the court in arriving at its judgment. Where a continuing objection had been interposed on prohibited testimony, the objection is deemed waived where the objecting counsel cross-examined

the witness on the very matters subject of the prohibition. Extent of Waiver for Failure to Object When an objection to evidence is deemed waived, the non-objecting party waives objections to its admissibility. Hence, the evidence becomes admissible but the waiver involves no admission that the evidence possesses the weight attributed to it by the offering party. Ruling on Objections The ruling of the court must be given immediately after the objection is made except when the court desires to take a reasonable time to inform itself on the question presented. However, the court must give its ruling during the trial and at such time as will give a party an opportunity to meet the situation presented by the ruling. (Sec. 38, Rule 132) If the court fails to rule on the objection, the same should be brought to the attention of the court. When an objection to a question is SUSTAINED, the judge considers the question as improper and the witness will not be allowed to answer the question. This means the exclusion of a testimonial evidence. When the objection is OVERRULED, this means that for the court, the question is proper and the witness will be allowed to answer.

iii.

REBUTTAL EVIDENCE

Kind of evidence which is given to explain, repel, counteract or disprove facts given in evidence by the adverse party. It is evidence in denial of some affirmative case or fact which the adverse party has attempted to prove. Sur-rebuttal evidence A reply to rebuttal evidence. When the plaintiff in rebuttal is permitted to introduce new matter, defendants should be permitted to introduce evidence in sur-rebuttal, and to decline to permit him to do so is error, especially when the evidence in sur-rebuttal is for the first time made competent by the evidence introduced by the plaintiff in rebuttal, but defendant should ask for the right to meet the new matter.

v.

MOTIONS

Motions are applications by any party for a court or judge to give an order or ruling in favor of the applicant. All motions are in writing except for those motions for continuance made in the presence of the adverse party, or those made in the course of a hearing or trial. Notices of a motion are required to be served by the applicant to all parties concerned at least 3 days before the hearing thereof, together with affidavits and other supporting papers. Classification of Motions Litigated Motions those made on notice to the adverse party where he is afforded an opportunity to resist the application

iv.

OBJECTIONS

General Objections Do not clearly indicate to the judge the ground upon which the objections are predicated. They assign no grounds to the objection. A general objection, in including everything, actually specifies nothing.

Ex parte Motions applications made to the court on behalf of one or the other of the parties to action, in the absence of and usually without the knowledge of the other party/s Special Motion one directed to the discretion of the court and usually involves an investigation of the facts on which the application is predicated Motion Of Course motion for relief to which the moving party is entitled as a matter of right and not of discretion on the part of the court and which requires no investigation of the truth of any allegation or suggestion on which it is founded Kinds of Motions a) MOTION TO DISMISS move by defendant, filed within 15 days from receipt of summons, to dismiss the suit filed against him based on any of the ff grounds: Court has no jurisdiction over the defendant or over the SM of lawsuit Venue is improperly laid Plaintiff has no legal capacity to sue There is another lawsuit pending between the same parties for the same cause COA is barred by a prior judgment or by the Statute of Limitations Complaint states no COA Claim or demand made in complaint has been paid, waived, abandoned or otherwise extinguished Claim on which lawsuit is founded is unenforceable under provisions of Statute of Frauds Suit is between members of same family and no earnest efforts towards compromised or no prior recourse to barangay conciliation have been made

his responsive pleading or to prepare for trial. Motion must point out defects complained of and details desired. IF GRANTED opposing party must file amended pleading, citing required specific details and must provide a copy to the requesting party. If the requesting party is the defendant, he must file an answer within the remaining time, but not less than 5 days, from the date of service of the amended complaint. If plaintiff does not amend complaint within 10 days after notice, Court may strike out his pleading or make such orders as it deems just. IF DENIED defendant files answer within the remaining time but not less than 5 days from notice of denial c) MOTION FOR INTERVENTION made by or on behalf of a person who has a legal interest in a lawsuit to do one of 3 things: Join the plaintiff in pursuing his claim Unite with the defendant in his defense, or Make demands adverse to both the plaintiff and defendant g)

Absence of material witness (if ill, must be supported by a sworn medical certificate or evidence) Absence of party or counsel due to illness and other causes Withdrawal of counsel

MOTION TO DISCHARGE ACCUSED TO BECOME A STATE WITNESS may be filed by prosecution before resting its case.

When 2 or more persons are jointly charged with an offense, the Court may direct one or more of the accused to be discharged with their consent so that they may become witnesses for the State. Grounds for granting this motion: There is absolute necessity for the testimony of the accused whose discharge is requested There is no other direct evidence available for the proper prosecution of the crime committed except the testimony of the accused. Testimony of said accused can be substantially corroborated in its material points Accused does not appear to be the most guilty Accused has not at any time been convicted of an offense involving moral turpitude

1. 2. 3. 4. 5. 6. 7. 8. 9.

1. 2. 3.

The admission of a third party to the legal proceedings is done with the permission of the court. d) MOTION FOR JUDGMENT ON THE PLEADINGS made by the plaintiff for the court to render a decision based solely on the pleadings because the defendants answer does not deny the allegations in the complaint MOTION FOR SUMMARY JUDGMENT made by any party for the court to render a decision based on the affidavits, stipulations, admissions and the facts set forth in the pleadings. Motions That May Be Filed During the Trial Period f) MOTION FOR POSTPONEMENT may be filed by any party and must be accompanied by an affidavit. Grounds for filing this motion:

e)

The discharge of the accused to become a state witness is in effect an acquittal and bars future prosecution. Only if a state witness refuses to testify against his co-defendants, in accordance with his sworn statement which was the basis of his discharge, can he be prosecuted again for the same offense. h) MOTION TO SECURE APPEARANCE OF MATERIAL WITNESS either party may file this motion if a material witness fails to appear MOTION TO DISMISS OR DEMURRER TO EVIDENCE may be filed by the defense with leave of court after prosecution rests its case.This is a plea for the dismissal of the case, based on insufficiency of evidence presented.

IF GRANTED complaint is dismissed IF DENIED defendant can either proceed to file an answer or file a petition for certiorari or prohibition on the grounds of Grave abuse of discretion or Courts lack or excess of jurisdiction b) MOTION FOR BILL OF PARTICULARS request by a party for a clearer and more specific statement of allegations made by the opposing party, to enable the former to prepare

i)

If the motion is granted, the accused is in effect acquitted.

If the court denies the motion for dismissal, the accused may present evidence in his defense. When such motion is filed without express leave of court, the accused waives his right to present evidence and submits the case for judgment on the basis of prosecutions evidence. j) EXCLUSION OF THE PUBLIC Upon oral motion by either side, the court may exclude the public from the courtroom if the evidence to be produced during the trial is of such character as to be offensive to decency or public morals. o) n)

Motions That May Be Filed After Judgment of Conviction MOTION FOR NEW TRIAL Under the ROC, a new trial shall be granted on any of the ff grounds: 1. 2. 3. That errors of law have been committed during the trial That irregularities prejudicial to the substantial rights of the accused have been committed during the trial That new and material evidence has been discovered

supplement his answers given during the crossexamination. On re-direct-examination, questions on matters not dealt with during the cross-examination, may be allowed by the court in its discretion. (12) Section 8. Re-cross-examination. Upon the conclusion of the re-direct examination, the adverse party may re-cross-examine the witness on matters stated in his re-direct examination, and also on such other matters as may be allowed by the court in its discretion

When the accused moves for the exclusion of the public, the court may grant the motion. The accused is merely waiving his right to a public trial. k) EXCLUSION OF OTHER WITNESSES An opposing counsel may orally move for the exclusion from the courtroom of other witnesses of the other party while the latters witness is testifying. This is to prevent or foil any plans of collusion among witnesses regarding their testimonies. RELIEF IN CASE OF UNREASONABLE POSTPONEMENT The accused may file a motion for the provisional dismissal of the case by invoking his right to a speedy trial.

MOTION FOR RECONSIDERATION - A reconsideration of the judgment shall be granted on any of the ff grounds: 1. Errors of law in the judgment which requires no further proceedings 2. Errors of fact which also requires no further proceedings

vii.

ARREST

Under Sec. 1 of Rule 113 of ROC, an arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense, or by his submission to the custody of the person making the arrest. It has no expiry date and remains valid until arrest is effected or warrant is lifted. OF Essential requisites of a Valid WOA 1. 2. 3. Issued upon probable cause which must be determined personally by a judge after examination under oath or affirmation of the complainant and the witnesses he may produce Warrant must particularly describe the person to be arrested In connection with a specific offense or crime

vi.

STAGES OF WITNESSES

EXAMINATION

l)

The order in which n individual witness may be examined is as follows: 1. 2. 3. 4. Direct examination by the proponent Cross-examination by the opponent Re-direct examination by the proponent Re-cross examination by the opponent

If unreasonable postponements of the case result in his detention beyond a reasonable length of time, he is entitled to relief by a proceeding in mandamus to compel the dismissal of the complaint or information. The accused or others acting on his behalf may also apply for habeas corpus to obtain his freedom. m) MOTION TO STRIKE A motion to strike may be availed in the ff instances: 1. 2. 3. 4. 5. When the answer is premature When the answer of the witness is irrelevant, incompetent or otherwise improper When the answer is unresponsive When the witness becomes unavailable for cross-examination through no fault of the cross-examining party When the testimony was allowed conditionally and the condition for its admissibility was not fulfilled

4. 5.

Section 5. Direct examination. Direct examination is the examination-in-chief of a witness by the party presenting him on the facts relevant to the issue. Section 6. Cross-examination; its purpose and extent. Upon the termination of the direct examination, the witness may be cross-examined by the adverse party as to many matters stated in the direct examination, or connected therewith, with sufficient fullness and freedom to test his accuracy and truthfulness and freedom from interest or bias, or the reverse, and to elicit all important facts bearing upon the issue. (8a) Section 7. Re-direct examination; its purpose and extent. After the cross-examination of the witness has been concluded, he may be reexamined by the party calling him, to explain or

GR: No peace officer or person has the power or authority to arrest anyone without a warrant except in those cases expressly authorized by law. EXCEPTIONS: 1. When in his presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense in flagrante delicto arrest When an offense has in fact just been committed, and he has probable cause to believe based on personal knowledge of fact and circumstance that the person to be arrested has committed it doctrine of hot pursuit When the person to be arrested is a prisoner who has escaped from a penal

2.

3.

establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transfereed from one confinement to another