LJC Notes

RULE 116 ARRAIGNMENT & PLEA

* The Constitution assures every accused the right to be informed of the nature and cause of accusation against him How arraignment made - the accused must be arraigned before the court where the complaint/info was filed or assigned for trial. (Section1) * the accused must be present at the arraignment and must PERSONALLY enter his plea. Both arraignment shall be made of record, but failure to do so shall not affect the validity of the proceedings. PLEA Guilty or not guilty GUILTY 1.) a plea of guilty admits only the material facts alleged in the information. NOT GUILTY 1.) when the accused refuses to plead and makes a conditional plea, a plea of not guilty shall be entered for him. 2.) When the accused pleads guilty but presents exculpatory evidence, his plea shall be deemed withdrawn and a plea of guilty shall be entered for him 3.) A conditional or ambiguous plea

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CRIMINAL PROCEDURE

Rule 113-117

MOTION TO QUASH
* the complaint or information cannot be quashed motu proprio because the right to file a MTQ belongs to the accused EXCLUSIVELY. GENERAL RULE : MTQ can be filed by the accused at any time before he enters his plea. EXCEPTION: even after the accused enters his plea, he may still file MTQ under the following grounds: 1.) Insufficiency of the complaint or information (#1) 2.) Lack of jurisdiction over the offense charged (#2) 3.) Extinction of the criminal action or liability (#7) 4.) Prior jeopardy (#9) (FORM & CONTENTS) MTQ must be : a. in Writing b. signed by the accused/ his counsel c. shall distinctly specify its factual and legal grounds NB: #7 that the criminal action or liability has been extinguished. Article 89, RPC 1.) by death of the convict; 2.) by service of sentence; 3.) by amnesty 4.) by absolute pardon; 5.) by prescription of the crime; 6.) by prescription of the penalty; 1.) 2.) 3.) 4.) 5.) 6.) 7.) 8.) 9.) Grounds for Quashal: (EXCLUSIVE LIST) that the FACTS charged DO NOT constitute an offense; that the COURT trying the case has NO jurisdiction over the offense charged; that the COURT trying the case has NO jurisdiction over the person of the accused; that the OFFICER who filed the information had no authority to do so; that it DOES NOT CONFORM substantially to the prescribed form; that more than 1 offense is charged except when a single punishment for various offenses is prescribed by law; that the criminal action or liability has been extinguished; that is contain averments which, if true, would constitute a legal excuse or justification; that the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated w/o his EXPRESS CONSENT.

RULE 117

Section 7 Former conviction or acquittal; DOUBLE JEOPARDY Jeopardy it is the peril in which a person is put when he is regularly charged w/ a crime before a tribunal properly organized and competent to try him. REQUISITES of DJ: 1.) the 1st jeopardy must have been attached prior to the 2nd 2.) the 1st jeopardy must be validly terminated; and 3.) the 2nd jeopardy must be for the same offense as the of the first. When does 1st Jeopardy Attach? PROVISIONAL DISMISSAL a case is dismissed w/o prejudice to its 1.) the former complaint/information is valid; being refilled or revived. 2.) it was filed before a competent court; -condition for PD Express consent of the accused & with notice to 3.) the accused had been arraigned under said complaint/ info; the offended party. and * A PD may become permanent unless revived. 4.) the accused had pleaded to the same [Type text] [Type text] [Type text]

LJC Notes * PD of offenses punishable by imprisonment not exceeding 6 years or a fine of any amount, or both, shall become permanent (1) year after the issuance of the order w/o the case having been revived. * Offenses more than 6 years, their PD shall become permanent two (2) years after the issuance of the order w/o the case having been revived. Notes from Fiscals lectures: IS order of denial appealable? - when accused enters his plea, he is deemed to have waived MTQ or you can enter plea but at the same time question the jurisdiction of the court If the crime committed has prescribed, can the judge dismiss the case? Own answer: Yes, based on Article 89, RPC one of the ground where criminal liability is extinguished is when the crime has prescribed. Therefore, the judge can dismissed the case based on prescription. Will 1st jeopardy attach in plea-bargaining? Can the judgment of acquittal be appealed by the prosecutor? NO. MFR? NO. Its final and executor. Once you appeal, you can no longer avail probation unless the penalty imposed by the Appellate court is lower. Ex, 6 years (LC) Appealed 4,2,1. Can there be probation? Yes! RULE on APPEAL GENERAL RULE: the state cannot appeal from a judgment acquitting the accused. This provision is grounded on DJ clause. Nor may the State appeal from a judgment of conviction seeking to increase the penalty imposed as that would run afoul of the right of the accused against dj. 2ndExam

5.) when the accused has been acquitted or convicted, or the case dismissed or otherwise terminated w.o his express consent. EXCEPTIONS to DJ rule (Sec7) : 1. the graver offense developed due to supervening facts arising from the same act or omission constituting the former chage 2. the facts constituting the graver charge became known or were discovered only after a plea was entered in the former complaint or information; 3. the plea of guilty to the lesser offense was made w/o the consent of the prosecutor and of the offended party except as provided in section 1 (f) , Rule 116.
RULE 116, Section 1 (f) The private offended party shall be required to appear at the arraignment for purposes of plea bargaining, determination of civil liability, and other matters requiring his presence. In case of failure of the offended party to appear despite due notice, the court may allow the accused to enter a plea of guilty to a lesser offense which is necessarily included in the offense charged with the conformity of the trial prosecutor alone. (cir. 1-89)

CRIMINAL PROCEDURE

Rule 113-117

EXCEPTION: the OP may, however, appeal a judgment of acquittal in so far, as the civil aspect of the criminal case is concerned. REMEDY of the STATE: the only way to nullify an acquittal or to increase the penalty is through a proper petition for certiorari on the ground of grave abuse of discretion or lack excess of jurisdiction.

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