PRESUMPTION OF INNOCENCE

Available to all accused regardless of his past

This does not shift back and forth to the
prosecution or defense. The one that shifts is
the burden of proof
Take for instance, the defense of the accused is
self-defense. The burden now is on him to prove
that the killing is justified
Can only be overcome by proof beyond
reasonable doubt
How is the presumption of innocence
overcome?
Only by proof beyond reasonable doubt
Reasonable doubt is that doubt engendered
by an investigation of the whole proof and an
inability after such investigation to let the
mind rest upon the certainty of guilt
Moral certainty only as to the presence of
every element of the crime
Absolute certainty is not required to convict
 PRESUMPTION OF INNOCENCE
Every circumstance favoring the innocence of
the accused must be taken into account
Inculpatory facts are capable of two or more
explanations, one for innocence, and the
other for guilt– should result to acquittal
Cannot be overcome by a presumption that
official duty was regularly performed
 Contrary presumptions based on the
experience of human conduct?
o Unexplained flight o Failure of an
o Possessor of dangerous accountable officer to
drugs found during a produce funds or
legitimate search property during audit
o Escape from detention o Mere silence of the
during the pendency of accused should not
the case prejudice him
o Unexplained possession o This applies until final
of stolen items order of conviction
(Ligot vs. Republic,
2013)
 CIRCUMSTANTIAL EVIDENCE
There is more than one circumstance
The facts from which the inferences are
derived are proved
The combination of all the circumstances wil
produce a conviction beyond reasonable
doubt
a. Last seen with the victim b. In possession of the
i ti ’s allet; . Clothes stai ed y i ti ’s
blood
 PRESUMPTION OF INNOCENCE
EQUIPOISE RULE – This right cannot be
applicable only if the invoked by a corporate
evidence presented by entity. Only by an
the accused and the individual who is an
prosecution are evenly accused
balanced. An impartial
judge should tilt the
scales in favor of the
accused
 Right to be heard by himself or
counsel
CUSTODIAL INVESTIGATION DURING TRIAL
 Can be waived  Cannot be waived except
 Duty of the police to if accused is a lawyer
provide if accused cant  The court will provide
afford PAO lawyer or counsel de
 Must be under custody of oficio
the police  Maybe out on bail
 Competent and  Also must be competent
independent and independent
 Right to be heard
This includes three specific rights:
o Right to present evidence and to be present at the
trial
o To be assisted by counsel
o Right to compulsory process to compel the
attendance of witnesses
The right to present evidence includes a) the right to
testify i o e’s favor and b)the right to be given
time to call witnesses
 Right to be heard
Basic elements of the right to counsel
The court is duty bound to inform the accused
that he has the right to counsel before he is
arraigned
The court must ask him if he desires the
services of a counsel
If he does and unable to get one, the court
must assigned counsel de oficio
 COUNSEL DE OFICIO
Before the counsel de officio will be assigned
to the accused he must be asked if he accepts
the lawyer. There might be a valid reason for
the refusal of the accused
The refusal of the accused as to the counsel
de officio must be reasonable. He cannot
delay the proceedings merely on the ground
that he does not like the assigned counsel de
officio
Already being represented
by counsel de parte:
 can the court appoint
a counsel de officio to
represent the accused for
that particular hearing?
 Counsel de parte is absent
 Court has valid reason in
proceeding with the trial
that day and will not
postpone it
It is the right of the accused
to change his counsel de
parte even at the middle
of the trial. It is his own
choice
The change of counsel de
officio must have a valid
reason which must be
approved by the court
The right continues during
appeal
 RIGHT TO BE INFORMED
This is not identical with right to information
(Art. III, Sec. 7)
For the accused, this is implemented during
arraignment. For respondent during
preliminary investigation, he is informed
through the issuance of the subpoena with
attached copy of the complaint and
supporting evidences.
There are three basic reasons for this guarantee.
 Cause of the accusation in the
Information
The acts or omissions complained of as
constituting the offense and the qualifying and
aggravating circumstances must be stated in
ordinary and concise language and not
necessarily in the language used in the statute
but in terms sufficient to enable a person of
common understanding to know what offense is
being charged as well as its qualifying and
aggravating circumstances and for the court to
pronounce judgment. (Rule 110, Sec. 9, RROCP)
 ALL ABOUT THE INFORMATION
 Formal requisite: duly approved by the Provincial
or City Prosecutor or Ombudsman
 Every element of the offense must be alleged
because the accused have no knowledge of them
 The description and not the designation of the
offense or title of the complaint or the particular
law or part thereof allegedly violated is
controlling
 Must describe the act with sufficient particularity
 Is this information sufficient?
...the a used ilfully, u la fully a d
feloniously commit sexual abuse on his
daughter either by raping her or committing
a ts of las i ious ess o her.
 it is not sufficient averment as required
under Section 9, Rule 110
Not the ultimate facts but conclusions of law
Terms like sexual abuse and acts of
lasciviousness
THE LAW MUST NOT BE VAGUE
Due process requires not only that the
accused be informed of the offense he is
charged with but also that he must be able to
understand what the law commands or
prohibits
Void-for vagueness doctrine holds that a law is
facially invalid if men of common intelligence must
necessarily guess at its meaning and differ as to its
application
 A vague law
A vague law does not only violate the right to
be informed but also due process, in two
aspects:
a) it fails to accord persons, especially the
parties targeted by it, fair notice of the
conduct to avoid
b) It leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an
arbitrary flexing of the government muscle
 Amendment in form or substance
In form or in substance,
without leave of court,
anytime before
arraignment.
After arraignment – formal
amendment with leave of
court and would not be
prejudicial to the rights of
the accused.
When is it prejudicial?
when a defense under the
original complaint or
information will no longer
be available after the
amendment is made, or
any evidence the accused
might have will no longer
be applicable to the
complaint or information
as amended.
 Allowable amendments
Change in the date of the commission of the
crime, if the disparity of time is not great
Corrections of the alias of the accused
Amendments that add precision to what is
already contained in the original information
Deletio of gross egle t of duty –beneficial
to the accused
 VARIANCE DOCTRINE
When there is a variance between the offense
charged in the complaint or information and
that proved, and the offense as charged is
included in or necessarily includes the offense
proved, the accused shall be convicted of the
offense proved which is included in the
offense charged, or of the offense charged
which is included in the offense proved.
(Section 4, Rule 120)
 When an offense includes or is
included in another
An offense charged necessarily includes the
offense proved when some of the essential
elements or ingredients of the former, as
alleged in the complaint or information,
constitute the latter. And an offense charged is
necessarily included in the offense proved,
when the essential ingredients of the former
constitute or form part of those constituting
the latter. (Section 5, Rule 120)
For what offense is the conviction?
OFFENSE CHARGED OFFENSE PROVED
Murder Homicide
Serious physical injury Less serious physical inj
Acts of lasciviousness Rape
Rape Acts of lasciviousness
Unlawful intervention in Direct financial or
the issuance of a pecuniary interest in
cockpit licence (Section the operation of the
3(h) of Anti-Graft Law) cockpit
 Raise a timely objection
 The right to question the sufficiency of an
Information is not absolute. Waiver may set in
if the accused fails to object upon his
arraignment or during trial
An information which lacks essential
allegations may still sustain a conviction when
the accused fails to object to its sufficiency
during the trial, and the deficiency was cured
by competent evidence presented therein.
 RIGHT TO SPEEDY TRIAL
Free from vexatious, capricious and
oppressive delays
Unjustified postponements
Long period of time is allowed to elapse without the
case tried
Witnesses are not available is not a valid reason for
postponement
All the trial dates set during the Pre-trial are already
used and the party has not yet rested
 R.A. No. 8493 – The Speedy Trial Act
 The arraignment of an accused shall be held within 30
days from the filing of the Information, or from the
date the accused has appeared before the justice,
judge or court in which the charge is pending,
whichever date last occurs
 If plea of not guilty is entered, the accused shall have
at least 15 days to prepare for trial.
 The trial shall commence within 30 days from
arraignment as fixed by the court and in no case shall
the entire trial period exceed 180 days from the first
day of trial, except as otherwise authorized by the SC
 Compare with Right to Speedy
disposition of cases
Speedy Trial
 Available to an accused
in criminal cases
 It is the accused who
will file for dismissal of
the accused
 If dismissal is granted, it
is tantamount to
acquittal
Speedy Disposition of case
 Regardless of the
nature of the case
 Can be raised by the
defendant in a civil or
labor case or
respondent during P.I.
 Dismissal here may be
with prejudice
 FACTORS TO BE CONSIDERED
Length of the delay
Reasons for the delay
Assertion or failure to assert such right by the
accused
The prejudice caused by the delay
 RIGHT TO PUBLIC TRIAL
Necessary to prevent abuses that may be
committed by the court to the prejudice of the
accused
To see if the constitutional safeguards for the
benefit of the accused are being observed
Moral support for the accused and victims
Right is not absolute, public may be excluded
from witnessing the trial
 Live Coverage of the Trial
 Not allowed in the libel case filed by President Corazon
Aguino against Beltran (En Banc Resolution dated
October 22, 1991)
 The prohibition was reiterated in Perez v. Estrada (A.M.
No. 01-4-03-S.C., June 29, 2001)
 Allowed the live coverage with qualifications in the
Ampatuan Murder cases (A.M. No. 10-11-5-S.C., June
14, 2011) – Court crafted guidelines that will not
compromise criminal administration of justice, sacrifice
press freedom and other allied rights, and integrity and
solemnity of judicial proceedings
 IMPARTIAL TRIAL
 Series of denial of motions is not enough
 Relate with the grounds provided under the Code
of Judicial Conduct under which the judge should
inhibit himself from the trial
 Lengthy cross-examination by the judge of the
accused and his witnesses may be a ground for
partiality. Only clarificatory questioning is allowed
 Convicted the accused for arson, holding that the
motive for the crime was to conceal the acts of
malversation. The same judge cannot try the
accused subsequently for malversation
 RIGHT TO CONFRONT WITNESSES
Purposes:
a) Primarily to afford the accused an
opportunity to test the testimony of the
witness by cross-examination
b) To allow the judge to observe the
deportment of the witnesses which may be
helpful in assessing his credibility
This right is exercised through the lawyer and
not by the accused himself
 Just hearsay
Any documentary evidence, affidavit, psychiatric
report, investigation report, depositions, the
affiant or the author of which was not presented
in court for cross-examination, is inadmissible for
being hearsay.
Partially cross-examined but the witness died
before the cross-examination is completed?
 only those material points already subject to
cross-examination are admissible; those not
subject to cross-examination will be stricken off
the record
 The witness died before cross-
examination
 The witness is available  The witness is available
for cross-examination but but the prosecutor was
the defense counsel was absent for two times---
absent for two times --- the defense may move for
maybe considered a the striking out of the
waiver of the defense direct testimony from the
right to cross-examine the records of the case. It will
witness. Negligence of be inadmissible for not
the lawyer binds the having subjected to cross-
accused. examination due to the
fault of the prosecutor.
 EXCEPTIONS
Dying declaration – the
person is aware of his
impending death and he
revealed to another
person who is the culprit.
 The one who will testify is
the person who heard the
statement of the dying
person
 He will be cross-examined
as to the dying declaration
he heard
The law only requires the
opportunity to cross-
examine the witness. The
defense counsel may
decide not to cross-
examine – WAIVER!
VIOLATION OF THIS RIGHT
SETS IN IF THERE IS LACK
OF OPPORTUNITY TO
CONFRONT THE WITNESS
 Preliminary investigation and
preliminary examination?
Preliminary investigation
 Conducted by the
prosecutor for
determination of probable
cause
 Right to examine and
cross-examine is not
allowed (sec. 3e, Rule 112)
 However, a party may
submit questions to the
investigating prosecutor
which may be asked by the
latter to the party or
witness concerned
Preliminary examination
 Conducted by the judge
before issuing search
warrant or warrant of
arrest
 Right to cross-examine is
not available. Not even
required to be notified of
the personal determination
being conducted by the
judge
 Compulsory Process
Accused may avail of subpoena ad
testificandum and duces tecum to compel the
attendance of witnesses and the production
of evidence needed for his defense.
Failure to obey subpoena is punishable by
contempt of court and even arrest.
 This is also subject to waiver. Failure to assert it during
trial will bar its invocation during appeal
 REQUISITES
a) That the witnesses is really material
b) That the defense is not guilty of any neglect in
previously obtaining attendance of said witness
c) That the witness will be available at the time
desired
d) That no similar evidence could be obtained
The judge should not hold the defense
responsible for bringing the witness to trial and
to dispense with his testimony if he fails to
appear. The court should exercise its power of
compelling the witnesses to appear.
 TRIAL IN ABSENTIA, REQUISITES
REQUISITES:
a. The accused has been
arraigned
b. Notice of the trial was duly
served to him and
properly returned
c. His failure to appear is
unjustified
Presence at the trial maybe
waived, even without valid
reason, except in the
following instances:
i. Arraignment
ii. Mediation proceedings if
applicable
iii. Pre-Trial, due to possible
plea bargaining proposals
iv. Trial for identification
purposes. There must be
a subpoena issued or an
order for the accused to
appear. Notice of hearing
is not enough
v. Promulgation of sentence,
unless for light offense
 Jumps Bail
 Trial in absentia maybe
declared by the court after
ascertaining that indeed
there is no valid reason for
the absence of the accused.
There must be a motion
from the prosecutor for the
cancelation of the bail
 A used’s counsel will still
represent him but he has no
standing to cross-examine
the witness
 If convicted in absentia, he
loses his right to appeal
 If the accused merely
waives his right to be
present, but did not jump
bail, then he does not lose
his standing in court.
 His lawyer can still cross-
examine the witnesses
 He can still appeal his
conviction within the appeal
period
Privilege of the Writ of Habeas Corpus
• GROUNDS:
Invasion, when public
safety requires it
Rebellion, when public
safety requires it
Public safety requirement
cannot stand
independently of invasion
or rebellion
• ROLE OF CONGRESS
To revoke it
To extend it, not
exceeding 60 days
There is no option of
approving it
 When Available?
A. Deprivation of a constitutional right resulting in
the restraint of the person, continued detention
despite of violation of due process, speedy trial,
unlawful denial of bail, lack of jurisdiction of the
court, detention already excessive than the
subsequent penalty imposed for the same
offense
B. Excessive penalty has been imposed, void as to
the excess
C. Withholding of the custody of any person from
some entitled to such custody
 Role of the Supreme Court
When to suspend the • The suspension of the
privilege ----is a political writ applies only to
question. those persons
Legality of the suspension- suspected or being
---is a justiceable accused for rebellion or
question. The SC can offenses inherent in or
review the sufficiency of directly connected with
the factual basis of the invasion
suspension – The term judicially
charged is inappropriate
 A sample question
• The President suspended the privilege of the writ
of habeas corpus all throughout Mindanao due to
the worsening rebellion. Jose was caught in the
act of committing robbery in a town in Basilan.
After 30 hours of detention, no case has yet been
filed in court, so his lawyer filed a petition for
habeas corpus for his immediate release. Will the
petition prosper? How about if no case has been
filed after 40 hours of detention? Or the case he
committed is homicide pursuant to rebellion?
 THE RIGHT AGAINST SELF-
INCRIMINATION
In relation to Section 12, rights under
custodial investigation, this right is the core
right while those in Section 12 are
prophylactic (protective) rights
Available to all kinds of proceedings even
legislative investigations
Not only available in categorical admission of
guilt (confession) but even in admission of a
single fact or element of a crime
 TESTIMONIAL COMPULSION
Any testimony obtained from a person
against his will, the giving of which involves
the exercise of his intelligence and free will
Giving of his signature or handwriting
Re-enactment of how the crime was committed
Ask to list the names of his companions in the
commission of the crime
Ask to identify if it him in the CCTV footage
 OBJECT OR PHYSICAL EVIDENCE
 The body of the accused is not excluded from
being part of the evidence or any object or
physical evidence obtained legally
 Ultra-violet examination of any part of the body
 Paraffin test or strands of hair are examined or
DNA testing
 Examination of the body for injuries
 Sachet forced out of the mouth; examine for
gonorrhoea or if pregnant
 MECHANICAL ACTS
Those acts which can be done without the
deliberate exercise of intelligence are considered not
violative of the right against self-incrimination.
 wearing of blood stained t-shirt, gloves, slippers
found at the scene
 Booking procedures after the arrest
 Being asked his name during a police line-up
 Saliva swab or gadget to test if you are intoxicated
 Mandatory drug testing of students, govt. Employees,
dri ers ut ot those harged efore the prose utor’s
office of crimes punishable not less than 6 years and
one day imprisonment
 Production of documents
This right covers the compulsory production of
private books and papers that may incriminate the
owner, with more reason if it will violate the lawyer-
client privilege (Regala v. Sandiganbayan, 262 scraa122)
this right only protects natural persons, unlike search and
seizure that includes even corporations.
Accountable public officers cannot claim this right if they
are subjected to audit and inspection of the books and
public documents under their custody
 corporations are subject to the visitorial and police
powers of the state and disclosure requirements of the
government.
 Levels of Protection
• ACCUSED • ORDINARY WITNESS
– He cannot be called by
the prosecution to take
the witness box
– If he waives his right and
takes the witness box, he
can still refuse to answer
any incriminating
questions asked of him
on the witness box
– He cannot refuse to take
the witness box,
especially if he was
issued a subpoena
– While testifying, he can
refuse to answer those
questions which he
deems incriminating
 IMMUNITY
• Transactional immunity-
also known as blanket or
total immunity.
– A witness is completely
protected from future
prosecution for crimes
related to his testimony
(Section 18 (8), Art. XIII,
CHR
• Use and Fruit Immunity –
it prohibits the use of the
witness compelled
testimony and its fruits in
connection with the
criminal prosecution of
the witness.
– The witness can still be
prosecuted if the
government can obtain
evidence against him
which does not come from
his testimony
 Political Beliefs and Aspirations
• This right can be manifested by other rights,
such as freedom of speech and expression,
freedom to associate, freedom to assemble
• As long as the person does not perform any
overt act that could be considered punishable
under the laws of the land, then the
protection applies.
 Right Against Any Form of Involuntary
Servitude
This right denotes a condition of enforced, compulsory service
of one person to another. Reinforced by Art. 272 RPC.
Exceptions:
a. Punishment for a crime after final conviction
b. Service in the defense of the state
c. Naval (merchant marine) enlistment
d. Posse commitatus – is a statute law authority of a law
officer to conscript any able bodied man to assist him in
keeping the peace or to pursue an arrest of a felon
e. Return to work order in industries affected with public
interest
f. Patria potestas – ( Roman Law) – power of a father
 CRUEL, DEGRADING OR INHUMAN
PUNISHMENT
Republic Act No. 9745 (2009)
Cruel, inhuman and degrading punishment refers
to
a) a deliberate and aggravated treatment or
punishment not included as acts of torture,
b) inflicted by a person in authority or agent of a
person in authority
c) against a person under his custody
d) Attains a level of severity causing suffering, gross
humiliation or debasement to the latter
 SEVERITY NOT ENOUGH
Mere severity alone does not constitute
cruel or unusual punishment. The penalty
must be flagrantly and plainly oppressive,
wholly disproportionate to the nature of the
offense as to shock the moral sense of the
community.
Penalties for violation of Generics Act
Death Penalty if restored by congress maybe
sustained by the SC as valid for heinous crimes
 TORTURE
DEFINITION
a) An act by which severe pain or suffering, whether physical
or mental is intentionally inflicted on a person
b) For such purposes as obtaining from him or a third person
information or confession
c) Punishing him for an act he or third person has committed
or is suspected of having committed
d) Intimidating or coercing him or a third person; or for a any
reason based on discrimination of any kind when such
pain or suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a person in authority
or agent of a person in authority
 JUS COGENS
The prohibition against torture and other
cruel, inhuman and degrading punishment are
considered to be jus cogens. It is applicable in
all circumstances and without exception, even
a state of war or threat of war.
 COMMAND RESPONSIBILITY
The immediate commanding officer of the
unit (AFP or PNP) has knowledge of or, owing
to the circumstances at the time, should have
known that acts of torture or other cruel,
inhuman and degrading treatment or
punishment shall be committed, is being
committed, or has been committed by his
subordinates or by other within his area of
responsibility, and despite such knowledge did
not take preventive or corrective action
 Command Responsibility
either before, during or immediately after its
commission, when he has the authority to
prevent or investigate allegations of torture or
other cruel, inhuman and degrading
treatment or punishment but failed to prevent
or investigate allegations of such act, whether
deliberately or due to negligence shall also be
liable as principal.
 Non-Imprisonment for Debt
Debt – any civil obligation arising from contract,
expressed or implied – a purely private matter
which gives rise only to civil actions.
IN Ganaway v. Quillen, 42 Phil.805, it includes
even debts obtained through fraud but SC
seemed to have modified that in Lozano v.
Martinez, 146 scra 323 where it was ruled that a
person can be validly punished in a criminal
action if he contracted his debt through fraud.
 Not a Violation
Conversion of a
criminal fine into a prison
term does not violate this
right because in such a case
imprisonment is imposed
for a monetary obligation
arising from ex delictu not
ex contractu
A criminal case arising
from violation of Trust
Receipt Law is not a
violation. What is punished
is dishonesty and abuse of
confidence in the handling
of money and goods. (Police
Power)
Refusal and failure to
give support to a child is a
criminal offense, and not a
violation of this right (Police
Power) – R.A. No. 9262
 Non-Payment of Poll Tax
No tax is being paid for the exercise of the
right to vote.
It is consistent with the prohibition on the
imposition of literacy, property or other
substantive requirement.
No person will also be imprisoned if he fails to
secure a Residence Certificate, although it is
needed in certain documents being required by
certain government offices and private
institutions.
 Double Jeopardy (Section 21)Res
Judicata in Prison Grey
 Implemented by Section 7, Rule 117 of the
RRCP
No application in administrative cases
Although contempt cases strictly speaking are
not criminal in nature, double jeopardy is
applicable. Thus if acquitted of indirect
contempt, one cannot be prosecuted again for
the same acts
 Attachment of First Jeopardy
To assert this right, one must make sure that the first
jeopardy has already attached. Without the attaching of the
first jeopardy, there is no second jeopardy to speak of.
Requisites for the attachment of the first jeopardy:
a) valid complaint or information
 information must be complete as to the elements of the
crime
 Must be approved by the City or Provincial Prosecutor or
the Ombudsman
 If accused filed a motion to dismiss based on insufficient
information, and after the case is dismissed he was
subsequently charged under a corrected information, he
cannot plead double jeopardy
 Requisites
b). Filed before a competent court
Court must have jurisdiction
Olaguer doctrine – application of Operative Fact
Doctrine
Accused filed motion to dismiss based on lack of
jurisdiction, and the case was dismissed. He cannot
argue DJ if he is subsequently charged before the
court of competent jurisdiction
If the Prosecutor made the same motion, but it turned
out that the court really has jurisdiction, then DJ
already sets in
 He has already Pleaded
c) To which the defendant has pleaded
No DJ if case is dismissed before arraignment
even at the instance of the prosecution unless the
ground are extinction of criminal liability or
double jeopardy
Accused pleaded guilty but presented evidence to
prove mitigating circumstances, the guilty plead is
deemed vacated
 4th Requisite:Termination of the Case
1) Acquittal – expressly pronounced during
promulgation
2) Conviction – also expressly made during
promulgation
3) Case dismissed or otherwise terminated without
the express consent of the accused
1) Consent need not be in writing
2) Silence by the accused or counsel is not considered
an express consent already
3) Counsel asked by the judge in open court is enough
 With Express consent of the Accused
I f the accused gives his express consent, then
then he cannot assert double jeopardy if the case is
re-filed after it is dismissed.
Example: the Prosecutor has no witness to
present during the hearing so he moves for the
dismissal of the case provided the accused gives his
consent. When asked, the accused gives his express
consent. After one month, the prosecutor re-filed
the case because a witness resurfaced. DJ cannot
bar the filing of the case.
EXCEPTIONS TO THE RULE ON EXPRESS
CONSENT
GROUND FOR DISMISSAL IS
INSUFFICIENCY OF
EVIDENCE
After the prosecution
rested, defense moved for
dismissal based on
insufficiency of evidence
(demurrer to evidence). If
granted, it is tantamount to
acquittal
VIOLATION OF THE RIGHT
TO SPEEDY TRIAL
If invoked by the
accused, and based on the
records of the case, there
was really a violation, then
the prosecution cannot
refile the case if dismissed.
But if there is really no
capricious or unreasonable
delay, then MR of the
prosecution may be granted.
 APPEAL, MR, OR CERTIORARI
As a general rule, the prosecution cannot
appeal the acquittal or dismissal which is
tantamount to acquittal (demurrer and speedy
trial right violation) Exception:
a. there is denial of due process of the
prosecution resulting to loss or lack of
jurisdiction (i.e. denial of chance to present
evidence)
b. Grave abuse of discretion by the judge
 Provisional Dismissal
Provisional dismissal of a case will not bar its
refilling because it is always with the consent of the
accused before the judge will approved of it.
It can be re-filed within one year from date of
dismissal, if the offense is punishable by
imprisonment not exceeding 6 years or a fine of any
amount or both and within two years for offenses
punishable by more than 6 years. If not re-filed
within those periods, then the dismissal becomes
permanent, thus protected by DJ.
 PLEA BARGAINING
To be valid and binding, plea bargaining
proposal must be approved by the private
offended party and the City, Provincial or
Ombudsman. If not approved by the latter, then
DJ will not set in if the prosecution pursues the
original charge in the information which is
higher than what is stated in the plea bargaining
proposal.
 DISCHARGE AS STATE WITNESS
If the motion of the prosecution for the
discharge of one of the accused to become a
state witness is granted by the court, then it is
tantamount to acquittal.
He cannot be reinstated as a co-accused
for no valid reason. For example, there is no
showing that he refused or failed to testify
against his co-accused.
 CRIMES COVERED
First Jeopardy Second Case
a) Same/identical offense
Murder Murder
b) An attempt or
frustration of the other

Attempted Homicide Homicide

Frustrated Homicide
Homicide Attempted/Frustrated
Homicide
 Crimes Covered
The first offense The first offense is
necessarily includes the necessarily included in the
second: second offense:
Murder – homicide Homicide – Murder
Serious PI – Less Serious PI Less Serious PI – Serious PI
Less Serious PI –Slight PI Slight PI – Less Serious PI
Serious PI - Homicide
 Doctrine of Supervening Event
The accused may still be prosecuted for
another offense (more serious) if a subsequent
development changes the character of the first
offense under which he may have already been
charged or convicted. Requisites:
 The graver offense developed due to supervening
facts arising from the same act or omission
 The facts constituting the graver offense arose or
were discovered only after the filing of the
former information
 Doctrine of Supervening Event
 The plea of guilty to a lesser offense was made
without the consent of the Prosecutor or the
offended party except as provided in Section 1(f)
of Rule 116 – the offended party fails to appear
during arraignment or pre-trial despite due notice
 Charged with Serious PI ---after two weeks in the
hospital, died due to the wounds he suffered ---
can be charged with Homicide, even if the
accused was already convicted because he
pleaded guilty with mitigating circumstances of
voluntary surrender and plea of guilt
 Inseparable Offenses
Where one offense is inseparable from
another and proceeds from the same act, they
cannot be the subject of separate prosecutions:
a. Smoking opium and possessing opium
b. Stealing several things from the same person
on the same occasion
c. Less serious PI and assault on a person in
authority committed on the same victim on
the same occasion
 Single Act Two Offenses
A single act may result to two offenses and if
charged for two offenses (punished under different laws,
two diff. sections or articles of the same law), DJ will not
set in.
 Driving without a license involved in an accident –
maybe prosecuted for damage to property and
violation of Motor Vehicle Law
 Parolee who commits homicide --- violation of parole
and homicide
 Carrying unlicensed firearm during election time ---
illegal possession of firearm and violation of Comelec
gun ban
 EXCEPTION TO THE IDENTITY OF
OFFENSES
 Acquitted of consented abduction may still be
prosecuted for qualified seduction arising from the
same act
EXCEPTION: (IDENTITY OF THE ACT)
if the act is punished both by a law and an
ordinance, check if only one act is committed:
i. convicted of jueteng under a Municipal Ordinance
can no longer be prosecutor under Art. 195 of the
RPC – acts punishable in gambling
ii. Charged for violation of City Ordinance on the use of
jumpers, if acquitted, can no longer be charged for
theft of electric current under the RPC
 EX POST FACTO LAW
REQUISITES:
a. It refers to criminal matters
b. Given retroactive effect
c. Work to the prejudice of the accused
Preventive suspension under R.A. 3019, is not punitive
Treaty is not a criminal legislation
Procedural statute may be given retroactive
application
Executive proclamation suspending the Privilege of
the Writ of habeas Corpus is not a law
 Covered by the Prohibition
Depri atio of the right to pra ti e o e’s
profession, although enforced through a civil
or administrative proceedings
Although procedural, if the law alters the legal
rules of evidence and receives less or different
testimony that the law required at the time of
the commission of the offense in order to
convict the accused
 Bill of Attainder
It is a legislative act that inflicts punishment
without trial.
REQUISITES:
It is a legislative act that does away with
judicial trial
It inflicts punishment
Applies to named individuals or easily
ascertainable members of the group
 What is covered by punishment?
I. Does not cover only imprisonment
II. It can take the form of disqualification from
holding public office (i.e. law is passed
mandating that former NPAs are disqualified
from running for any public office)
III. Disqualification from practice of profession (law
mandates that those caught solemnizing
marriage without the required certification from
the government, are disqualified to do so for
two years.)
 TAKE A DEEP BREATH
WE ARE ALMOST DONE
 A PARTING SHOT
“Don’t settle for what is
mediocre for mediocrity is not a
virtue. Strive for excellence,
scratch for every inch of the
scrimmage if you must, but never
doubt you shall surely
overcome.”

THANK YOU