EH 408 Criminal Procedure Final (!

) Recitations
Thursday, December 6, 2018
18:42

AM 18-03-16-21
DOJ Circular No. 90 -2018
New Rules (CHECK THE RULES FOR ACCURACY)
If you possess less than 5 grams of shabu or cocaine = 12 years 1 day to 20 days
The accused may enter a plea of guilty to a lesser offense of mere possession of equipment which
has a penalty of 6 months 1 day to 4 years.
Marijuana if less than 300 grams = 6 months 1 day to 4 years

Shabu/Cocaine 5 g but not more than 10 g = 12 years to 20 years

If more than 10 grams = there is no such thing as plea

Paraphernalia = 6 mos treatment in a rehabilitation facility

Possession is different from selling
0.01-.99 g = plea of guilty to a lower offense with a penalty of 6 mos - 4 years
Marijuana 0.01-9.99g = from life imprisonment to 6 mos 1 day to 4 years
Selling marijuana 10 g or more = no such thing as plea
Manufacture = plea of guilty to a lower offense with a penalty of 6 mos - 4 years

PRETRIAL
 Concept of disposition. As if there is a hearing but in the presence of a notary public not a
judge. Everything will be transcribed, signed by all parties, and forwarded to the judge. It is
up to the judge to strike objections.
 Conditional examination of witness in criminal cases only.
o It may be a conditional examination for the witness of the accused or the prosecution.
(Read the rules)
o Done before trial.
o Difference between the examination of witness for the prosecution and witness for the
accused. (page 476, Riano)
 How do you conduct this conditional examination? How is different from trial proceedings?
o In civil cases. With respect to opposition, no need to get approval. Simply notify the
court that you are conducting a deposition. You also notify the other party who may in
fact raise objections before the trial court.
o In a criminal case, inform the trial court of the grounds for conducting the deposition.
For the witness for the accused, you need to get approval of the court. This is conducted
before the judge or in the absence, a notary public.
o Witness for the accused - conditionally examine anywhere.
o Witness for the prosecution - only in the court where the case is pending in order to let
the accused confront the witness against him.
 What is a viatory right?
o If you are witness for either party, the prosecution may still examine you under those
circumstances.
o The examination is not conducted within the confines of the courtroom if you are the
witness for the accused.
TRIAL
 When shall trial commence?
 What does the continuous trial rule say with respect to the commencement of the trial?
 Story (Reality Bites): The information was filed in October 2018 and arraignment was
schedule in November 2019. Filed a motion for _____. When we tried to call again the
court if the arraignment will push through on Dec 11, the judge will be absent so the
pretrial will be conducted in July.
 Supposing the court scheduled after 9 months, is that a violation?
 When are you supposed to invoke the Speedy Trial Act?
 Before the trial commences, you can file your motion to dismiss if your ground is
the failure to commence it within the required period.
 Other grounds:
 Under special cases, the court may conduct it in 60 days for drug cases and 3
months for environmental cases.
Who is an essential witness?
When is he absent? When unavailable?
Concept of a continuous trial?
Hearing is conducted on a day-to-day basis as far as practicable
What is continuance?
o Lack of witness for the prosecution is not a valid ground. Prosecutors usually ask for
postponement. That is not what we learn here.
 How shall the appearance of a material witness be secured?
 What is discharge?
o What if there are two or more accused who are jointly charged?
Story: The founding partner whose son was involved in a hazing case discussed
whether they should do a joint trial or a separate trial. He convinced the judge to
conduct a separate trial. They were all convicted but the son was in fact acquitted. We
do not know what would have happened to him if the trial was conducted jointly.
Maybe move to have a separate trial because in a joint trial, the judge cannot focus on
the defenses of your accused.
 Requisites?
 Why should the testimony of the state witness not be corroborative?
 The sworn statement may not be used against him if the trial court denies the motion
for discharge. If discharged, the effect is acquittal. Exception if the person will refuse to
testify (bugok). Later on, you cannot claim double jeopardy.
9. Order of trial?
a. What is the purpose of rebuttal evidence? To destroy the evidence presented by the
prosecution. The accused will have the last say; surrebuttal.
b. No such thing as surrebuttal if there is no rebuttal.
c. What is reverse trial? If the accused admits the commission of the offense but
interposes a lawful defense.
i. I killed my compare because he tried to strangle me at the time I tried to collect
the amount he borrowed from me. He was bigger than me and I saw a knife so I
stabbed him and it went through his heart.
10. Can you reopen a criminal case after a judgment of conviction?
a. Trial in absentia
b. 3 instances where the presence of the accused is required
11. Formal offer of evidence
 a. After the prosecution presents evidence, you have to formally offer your evidence. If
you fail to do that, any evidence adduced during trial cannot be treated as evidence. If it
is an oral presentation?____. Document evidence? ______. (55:39)
b. Should it be in writing? Continuous trial rules says the offer shall be presented orally.
The comments and objections shall be done orally.
c. Before class, there is no such thing as a JAR, nowadays is it is easy to present your
witness by submitting a judicial affidavit. If you fail to formally offer evidence, the court
cannot use it so why would you conduct a cross-examination?
d. One-day witness rule?
e. Exceptions?
12. What is a demurrer?
a. You are simply telling the court that the prosecution failed to adduce evidence that can
sustain conviction.
b. Leave of Court
i. When to file LOC?
ii. If granted?
iii. Difference between with leave and no leave? (lesson: do not be an asshole)
c. If the demurrer is denied? There is something else to be done so the trial court will
proceed with the trial. Participate and wait for the judgment.
d. If the demurrer is granted? Equivalent to acquittal and it means that no case of similar
nature arising from the same facts can be filed against him as this amounts to double
jeopardy.
e. Criminal case vs. Civil case
13. In your Continuous Trial Rule, what is the form of testimony required in a municipal trial
court for the purpose of presenting your witness? Judicial Affidavits. (Refer to Continuous
Trial Rules which states that in all criminal cases...)
a. In first level courts - Presentation of testimonies is through judicial affidavits. You may
use the affidavits before a peace officer or the prosecutor. For cross examination, the
witness should be personally present.
b. RTC - If you are an eye witness, the testimony shall be in oral form in order for the trial
court to observe the demeanor unlike in a case of an expert witness testimony.

JUDGMENT (1:23:45)
1. What is judgment?
2. What are the requisites?
a. In civil cases, there is such thing as an oral judgment (but only in pilot courts) that will
later on be reduced in writing.
b. What is our official language? English and Filipino.
3. What are the contents in a judgment of conviction?
4. Concept of reasonable doubt?
5. Contents in a judgment of acquittal?
6. 3-fold Length Rule?
7. If there are two or more offenses in one information?
8. Rule on Variance
a. General rule
b. Exceptions
9. Promulgation of Judgment
a. Rule if the accused is a minor
b. Probation
i. You cannot file an appeal if you file an application for probation
 c. How do you promulgate judgment?
d. Is the accused required?
i. GR
ii. XPN
e. What is the effect if the judgment is for conviction and the accused fails to appear
without justifiable cause?
f. Remedies if the court fails to award civil liability?
i. Mandamus
g. When does the judgment become final? After the lapse of 15 days for the appeal.
h. What is the accused applied for probation? No appeal is allowed.
New trial and Reconsideration
1. Trial de novo - Rehear the case again as opposed to mere filing of motion for reconsideration
where you are simply telling the court to correct its errors.
2. Grounds for New Trial
3. Requisites for newly discovered evidence
4. Grounds for MR
a. Error of law - Both parties agreed to what law applies but the court committed an error
as to the applicable law. For example, there is an ordinance which states that if your car
is black, you cannot pass through this particular street. If both parties agree that the car
is black, there is no issue as to the fact. What is the applicable law to a certain set of
facts? That is error of law.
b. Error of fact
5. How many days? 15 days from the promulgation of judgment.
6. Recantation vs. Affidavit of Desistance
a. Even if there was recantation, can you pass for a motion for new trial? No.
b. In a desistance, you are telling the honorable court that you are no longer interested in
participating/continuing. It MAY be a ground for dismissal.
c. Errors on the ignorance of counsel
7. Neypes Doctrine
8. New trial vs. Reopening of the case

APPEAL
1. Modes of Review
a. Ordinary appeal - Rule 40 and 41
b. Petition for review - Rule 42
c. Petition for review on certiorari- Rule 45
d. Automatic appeal
2. Effect of an appeal?
3. Is it a natural right?
4. Who may appeal?
5. Where to file your appeal? Master this. You are studying procedure so you should be able to cite
the remedy. Be very specific.
6. Supposing the RTC decided against the accused in a crime of murder and the penalty was
reclusion perpetua? Go to the Court of Appeals. Ordinary Appeal. Notice of appeal, serve the
adverse party a copy of the appeal.
a. Your notice of appeal must be filed in the court which rendered the ruling. (background
song from Mr. J: umuwi ka na beybeh)
7. Accused was held guilty for BP 22 in the RTC?
a. Go to the RTC via ordinary appeal. The RTC sits as an appellate court. From there, file a
petition for review under Rule 42.
 8. What is an automatic appeal?
a. The records are forwarded immediately
9. Resolution of the CA
(refer to the table to be inserted later)
10. Sandiganbayan appeals (2:16)
a. RP or LI - Mode of appeal to the SC is Notice of Appeal
b. Below RP or LI - Rule 45 Petition for Review on Certiorari
11. Effects of appeal by several accused?

PROVISIONAL REMEDIES
1. Remedies while the case is pending.
2. There are so many rules on provisional remedies:
a. Attachment - You ask the judge to issue a writ of preliminary attachment if you see that
the defendant will try to hide or dispose of his assets.
i. Example: In qualified theft, the civil liability is deemed included. If there is
nothing to execute already it will just be a paper judgment so you secure that writ
in order to execute something.
ii. Money/Writ of garnishment: The bank has to divulge to the trial court how much
is deposited in an account. The accused is now prevented to withdraw that
amount.
iii. House: It remains an annotation during the pendency. If there is judgment, a
public auction will be held to pay off his liability.

2. Preliminary Injunction - Directing the defendant to not do this act.

a. Preliminary Mandatory Injunction - Do this act.
b. Preliminary Injunction - Do not do this act.
3. Receivership - The receiver will take care of the business while the case is pending.
4. Delivery of Personal Property
5. Support Pendente Lite - Give your support while the case is pending.
a. Rape case. The lady gave birth during the pendency of the case. If the accused has
the means, he can be required to give support.
3. These remedies are available in a criminal case for as far as practicable.