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PRELIMINARIES
Information
1. Definition: An accusation in writing a person with an
offense, subscribed by the prosecutor and filed with the court.
2. How is an Information different from a Complaint?
Unlike a complaint, which requires that it be under oath and is
filed either in the MTC or with the provincial/city prosecutor s
office, the information does not have to be under oath and is
always filed in court. All that is required is that it be
subscribed or signed by the fiscal or prosecutor, which is an
indispensable requirement.
Who must prosecute criminal actions
1. May a criminal prosecution be restrained by injunction?
General Rule: No.
Reason: Public interest requires that criminal acts be
immediately investigated and prosecuted for the
protection of society.
Exceptions:
.
where injunction is justified by the necessity
to afford protection to the constitutional
rights of the accused
.
when necessary for the orderly
administration of justice or to avoid
oppression or multiplicity of actions
.
when there is a prejudicial question which is
sub judice
.
when the acts of the officer are without or in
excess of authority
.
where the prosecution is under an invalid
law, ordinance or regulation
.
when double jeopardy is clearly apparent
.
where the court has no jurisdiction over the
offense
.
where it is a case of persecution rather than
prosecution
.
where the charges are manifestly false and
motivated by the lust for vengeance
.
when there is clearly no prima facie case
against the accused and the motion to quash
on that ground has been denied
.
preliminary injunction has been issued by
the Supreme Court to prevent the threatened
unlawful arrest of petitioners.
2. Prior to the filing of the information in court, the prosecutor
has full control of the case. He decides who should be
charged in court and who should be excluded from the
information.
However: His decision on the matter is subject to
review by:
.
the Secretary of Justice who exercises
supervision and control over his actions and
who may sustain, modify or set aside his
resolution on the matter
.
in appropriate cases, by the courts when he
acts with grave abuse of discretion
amounting to lack of jurisdiction.
3. Private Prosecutor Participation:
May a public prosecutor allow a private prosecutor
to actively handle the conduct of the trial? Yes,
where the civil action arising from the crime is
deemed instituted in the criminal action.
Public Prosecutor must be present during the
proceedings and must take over the conduct of the
trial from the private prosecutor at any time the cause
of the prosecution may be adversely affected.
.
Thus, where the prosecutor has turned over
the active conduct of the trial to the private
prosecutor who presented testimonial
evidence even when the public prosecutor
was absent during the trial, the evidence
presented could not be considered valid
evidence of the People.
.
However: this rule applies only to courts
which are provided by law with prosecutors,
and not to municipal courts which have no
trial prosecutors, in which case the evidence
presented by the private prosecutor can be
considered as evidence for the People.
*However, under an amendment made by the SC
effective May 1, 2002, Rule 110 Section 5 now provides that
All criminal actions either commenced by complaint or by
information shall be prosecuted under the direction and
control of a public prosecutor. In case of heavy work schedule
of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in
writing by the Chief of the Prosecution Office or the Regional
State Prosecutor to prosecute the case subject to the approval
of the court. Once so authorized to prosecute the criminal
action, the private prosecutor shall continue to prosecute the
case up to the end even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn."
4. General Rule: In appeals, the Sol. Gen. has control. He
may abandon or discontinue the prosecution of the case in the
exercise of his sound discretion and may even recommend the
acquittal of an accused when he believes that the evidence
does not warrant his conviction.
Exception: provided for in RA 8249 which states in
part that in all cases elevated to the Sandiganbayan
and from the SB to the SC, the Office of the
Ombudsman, through its special prosecutor, shall
represent the People of the Philippines, except in
cases filed pursuant to EO Nos. 1, 2, 14 and 14-A,
issued in 1986.
5. When it is said that the requirement of Art. 344 of RPC is
jurisdictional, what is meant is that it is the complaint that
starts the prosecutory proceeding. It is not the complaint
which confers jurisdiction on the court to try the case.
6. Once the complaint is filed, does death of the
complainant in a crime of adultery extinguish the criminal
liability of the accused? No. The participation of the
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
2. Mitigating circumstances:
The trial court may allow an accused to plead guilty
and at the same time allow him to prove other
mitigating circumstances. However, if what the
accused would prove is an exempting circumstance,
which would amount to a withdrawal of his plea of
not guilty, the trial court may not allow him to take
the witness stand.
3. If the accused is permitted to present evidence after his plea
of guilty to a non-capital offense and such shows that the
accused is not guilty of the crime charged, the accused must be
acquitted, for there is no rule which provides that simply
because the accused pleaded guilty to the charge that his
conviction automatically follows. Additional evidence
independent of the plea may be considered to convince the
judge that it was intelligently made.
Withdrawal of improvident plea of guilty
1. When it may be done:
at any time before the judgment of conviction
becomes final.
2. Effect:
change of the accused s plea from guilty to that of not
guilty is the setting aside of the judgment of
conviction and the re-opening of the case for new
trial.
3. The withdrawal must at least have a rational basis. The
accused should state that he has a meritorious defense to the
charge. The motion should be set for hearing and the
prosecution heard thereon.
Time for counsel de officio to prepare
Express demand:
4.
The accused has the right to demand from
the prosecution the list of prosecution
witnesses, but the prosecution may call
witnesses other than as listed even when the
latter heard the testimonies of other
witnesses. Furthermore, the prosecution has
the discretion to choose the order of its
witnesses.
5.
Due Process
· The prosecution is entitled to due
process. This means that it must be
allowed to completely present its
evidence.
· Pervasive and prejudicial publicity maydeprive an accused of his right to a fa
irtrial. To warrant such a finding, however,
there must be allegation and proof thatthe judge has been unduly influenced.
· Judges must not only be impartial, butmust also appear impartial. However, thi
s
does not mean that the judge must
remain passive during the proceedings.
It s the judge s prerogative and duty toask clarificatory questions to ferret out th
etruth.
6.
Undue Interference
· There is undue interference by the
judge if he propounds questions to the
witnesses which will have the effect of or
will tend to build or bolster the case for
one of the parties.
Application for Examination of Witness forAccused Before Trial
1.
The witness for the prosecution may be
conditionally examined by the court where
the case is pending if said witness is:
· Too sick to appear at the trial; or
· Has to leave the Philippines with nodefinite date of return.
2.
Such examination should be in the
presence of the accused or in his absence
after reasonable notice to attend the
examination has been served on him.
3.
Examination of child witnesses is
tackled under the Rule on Examination of a
Child Witness which took effect on December
15, 2000.
Joint Trial
1.
When two or more defendants are jointlycharged with any offense, they shall be t
riedjointly, unless the court in its discretion uponmotion of the prosecution or
any of the
defendants orders a separate trial.
2.
Where the conditions are fulfilled, jointtrial is automatic, without need for th
e trial
court to issue an order to that effect.
3.
The grant of separate trial rests in the
sound discretion of the court and is not a
matter of right to the accused, especiallywhere it is sought after the presentat
ion ofthe evidence of the prosecution. In such
separate trial, only the accused presenting
evidence has to be present. And the
evidence to be adduced by each accused
should not be considered as evidence againstthe other accused.
State Witness
1.
Requisites to be a state witness:
a.
Two or more persons are jointly chargedwith the commission of an offense
b.
The application for discharge is
filed by the prosecution before it rests its
case
c.
Absolute necessity for the
testimony of the accused
d.
There is no other direct evidence
available for the proper prosecution of theoffense
e.
Testimony of the accused can besubstantially corroborated in its materialpoints
f.
Accused does not appear to be themost guilty
· Means that he does not appear tohave the highest degree of culpabilityin terms
of participation in the
commission of the offense and not
necessarily in the severity of the
penalty imposed.
· The fact that there was conspiracydoes not preclude one from being
discharged as a state witness. What
the court takes into account is the
gravity or nature of acts committed bythe accused to be dischargedcompared to th
ose of his co-accused,
and not merely the fact that in law thesame or equal penalty is imposable onall
of them.
g.
Accused has not been convicted of
any offense involving moral turpitude.
2.
The defense should be afforded
opportunity to oppose the motion to
discharge an accused to be a state witness.
3.
Any question against the order of the
court to discharge an accused to be used asstate witness must be raised in the t
rial court;
it cannot be considered on appeal. Where
there is, however, a showing of grave abuse
of discretion, the order of the trial court maybe challenged in a petition for c
ertiorari and
prohibition.
4.
Two types of witness immunity
a.
Transactional immunity
witness can no longer be prosecuted forany offense whatsoever arising out of the
act or transaction.
b.
Use-And-Derivative-Use-
Immunity witness is only assured that
his or her particular testimony and
evidence derived from it will not be used
against him or her in a subsequent
prosecution.
5.
The discharge of an accused to be a state
witness amounts to an acquittal and is a bar
to future prosecution for the same offense.
· Where an accused
has been discharged to be utilized as
state witness and he thus testified, the
fact that the discharge was erroneous asthe conditions for discharge were not
complied with did not thereby nullify hisbeing precluded from re-inclusion in th
einformation or from being charged anewfor the same offense or for an attempt or
frustration thereof, or for crimes
necessarily included in or necessarily
including those offense.
Mistake in Charging the Proper Offense
1. When, at any time before judgment, it
becomes manifest that a mistake has been
made in charging the proper offense and theaccused cannot be convicted of the of
fense
charged or any other offense necessarilyincluded therein, the said accused shall
not
ZPG
REMEDIAL LAW (CRIMINAL PROCEDURE)
The Court of Appeals may reverse, affirm, ormodify the judgment; increase or red
uce thepenalty imposed; remand the case for new
trial or re-trial; or dismiss the case. It is
discretionary on its part whether or not to seta case for oral argument.
It shall have the power to try cases and
conduct hearings, receive evidence and
perform any and all acts necessary to resolve
factual issues raised in cases:
a.
falling within its original jurisdiction
b.
involving claims for damages
arising from provisional remedies,
or
c.
where the court grants a new trialbased only on the ground of newlydiscovered ev
idence.
Quorum and Voting of the Court of Appeals
2.
He may be appointed upon the request of an
appellant, 10 days from receipt of the notice to file brief
and the latter establishes his right to have one.
Dismissal of Appeal for Abandonment or
Failure to Prosecute
Requirement
a. upon motion of the appellee or motu
propio
b.
with notice to the appellant
Grounds
a. Appellant fails to file his brief within thetime prescribed, except when he i
s
represented by a counsel de oficio.
b. Appellant escapes from prison or
confinement, jumps bail, or flees to a foreigncountry during pendency of the app
eal.
Effect
-
Appealed judgment becomes final.
Judgment of the Court of Appeals/New
Trial/Reconsideration
When the entry of judgment of the Court ofAppeals is issued, a certified true co
py of thejudgment shall be attached to the originalrecord which shall be remande
d to the clerk
of court from which the appeal was taken.
The appellant may move for a new trial anytime after the appeal from the lower c
ourt hasbeen perfected and before the judgment ofthe Court of Appeals convicting
him becomesfinal.
A motion for reconsideration shall be made
within 15 days after notice of the decision orfinal order of the Court of Appeal
s.
RULE 125 PROCEDURE IN THE SUPREME COURT
1.
Procedure in the SC in appealed cases isthe same as in the CA, unless otherwisep
rovided by the Constitution or law
2.
A case may reach the SC for final
adjudication in the following manner:
Automatic review
.
In all cases where death penalty isimposed by the trial court
.
Records shall be forwarded to the
SC for automatic review and judgment
Ordinary appeal
.
Where penalty imposed is life
imprisonment
.
Applicable also where a lesser
penalty is imposed but involving
offenses committed on the same
occasion or arising out of the same
occurrence that gave rise to the moreserious offense for which the penaltyof dea
th or life imprisonment is
imposed
.
In both cases, case is directlyappealable to the SC by filing a noticeof appeal
counterfeiting
.
Lottery tickets
.
Warrantless search of
aircrafts as well as fishing vessels breaching
our fishery laws