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CRIMPRO NOTES 117 120 Pt. 2
CRIMPRO NOTES 117 120 Pt. 2
1. State-witness program
2. State-witness program (of the DOJ) vs. ROC 119
a. Who makes an application?
3. When is the discharge not equivalent to acquittal?
4. What are the requirements for there to be a discharge of a state witness?
5. Who moves for the discharge of the state witness? Prosecution
a. Do you need the consent of the private complainant?
6. If the court denies the motion, and the motion includes affidavits, and the motion contains
statements of the accused, but he said he is not the most guilty. His discharge was denied. Can the
affidavit be used against him? N o.
7. What is a demurrer to evidence?
8. At what point is the prosecution deemed to have rested its case?
9. After the court rules on the formal [...] of evidence, that is when you file a motion. In criminal cases,
you file a motion and the decision of the court, is that an interlocutory order?
10. When you file a motion to leave for your demurrer of evidence, should you attach it? Yes.
11. Can you appeal the order denying the motion to leave?
a. Can it be availed through certiorari
12. Period to file motion to leave for demurrer of evidence? (May difference sa ROC and memaid)
13. Can you file a demurrer of evidence without leave of court?
14. If your demurrer to evidence is granted without leave of court, what is the effect? (recit mo to lol -
acquittal)
a. What is your remedy? Certiorari rule 65
15. If the motion to leave for demurrer is filed will the trial dates be cancelled?
16. Who files a demurrer to evidence?
17. If the motion to leave for demurrer of evidence is denied, can a demurrer to evidence without leave
of court be filed?
18. As a rule examination of witnesses should be made in open court, can it be done by deposition?
19. What is a deposition?
20. Can both parties avail of deposition? No.
21. When will the public be excluded during trial?
22. When can cases be reopened once there has been a judgment of conviction?
Judgment
Observation: Senga notes are helpful here
23. What is a judgment?
24. When will there be a reopening?
25. Judgment was rendered today, convicting the accused, can you still move to reopen the case? Yes.
a. When? Before of the finality of judgment
b. When the decision is final can it still be changed?
c. When does a decision become final? 15th day - file an appeal; 16th day - judgment
becomes final
26. What are the parts of the judgment?
27. What is the dispositive portion?
28. Ratio, Fallo, dispositive portion? Which one prevails?
29. Is there any instance where the ratio will prevail?
30. Can a retired judge render a decision for the cases he handled prior to his retirement?
31. RTC judge was promoted to CA, as a CA, can he render a decision on the cases he heard in RTC
Makati?
32. You are RTC branch 1 judge, person b is RTC judge branch 2, person b went on leave, so the first
judge acted as a judge for branch 2, can you render decisions in cases you heard in branch 2? Yes.
33. As a rule, the decision should be in writing, what should the decision contain?
34. Under the constitution, what is required to be there a valid decision or ruling?
35. Is it mandatory that the accused be present during the promulgation of the judgment?
36. Is it the judge who will always promulgate the decision? No.
a. What is the exception?
37. Is there promulgation in absencia?
38. The accused despite notice, does not attend the promulgation, and the offense is not a light
offense, what is the effect?
39. What is your remedy if you were absent during the promulgation? A: If mag MR ka, need na present
ka. Remedy is: accused must surrender himself, file a motion to leave.
40. What should be alleged in the motion
41. If granted, what would happen?
42. What about bail pending appeal, if you do not attend your promulgation, can you no longer avail of
bail? Yes. You may no longer avail of bail. If di ka present sa promulgation, di ka makakaappeal,
it is bail pending appeal.
43. When is entry of judgment made?
44. What is the effect of promulgation in absentia?
45. Is there an exception to the 15-day rule (on finality of judgment?)
a. Simply put, when can a decision be changed after it has become final? Grave abuse of
discretion, DNA evidence, denial of due process.
46. What is probation?
47. Grounds for probation?
48. Is probation the same as parole?
49. When can probation be availed of notwithstanding the presence of appeal?