AT15-CLJ6

1. Can an accused be convicted of a crime with which he is not charged? Is there any

exception to this rule?

On principle, it would appear that the accused having waived his right to be tried for but one

offense, there can be no objection to the introduction of evidence of his guilt of each and every offense

charged in the complaint or information; and it would seem that conviction of any and all of such offenses

should logically follow upon proof of their commission by the accused.

2. What is the concept of new trial?

Section 14. Motion for new trial. — At any time after the appeal from the lower court has

been perfected and before the judgment of the Court of Appeals convicting the appellant

becomes final, the latter may move for a new trial on the ground of newly-discovered evidence

material to his defense. The motion shall conform with the provisions of section 4, Rule 121.

(14a)

3. What is the prescribed period to file a motion for new trial or reconsideration?

A motion for reconsideration shall be filed within fifteen (15) days after from notice of

the decision or final order of the Court of Appeals, with copies served upon the adverse party,

setting forth the grounds in support thereof. The mittimus shall be stayed during the pendency of

the motion for reconsideration. No party shall be allowed a second motion for reconsideration of

a judgment or final order. (16a).

4. Can a motion for new trial be filed after the motion for reconsideration was denied?
 If a motion for a new trial of reconsideration is filed within the period of 15 days from the

promulgation of the judgment of conviction of the defendant, as the motion filed in the present

case, it may be decided or passed upon validly at any time thereafter by the court. Because,

although the granting, after said period, of a motion for new trial would place the defendant in

double jeopardy, he waived his right not to be placed therein by the filing of such a motion. And

section 6, Rule 118, provides that "this period for perfection of an appeal shall be interrupted

from the time a motion for new trial is filed until notice of the order overruling the motion shall

have been served upon the defendant.

5. What are the grounds for motion for reconsideration?

Under our rules of procedure, a party adversely affected by a decision of a trial court may

move for reconsideration thereof on the following grounds: (a) the damages awarded are

excessive; (b) the evidence is insufficient to justify the decision; or (c) the decision is contrary to

law.

6. What are the grounds for new trial?

(a) That errors of law or irregularities prejudicial to the substantial rights of the accused have

been committed during the trial;

(b) That new and material evidence has been discovered which the accused could not with

reasonable diligence have discovered and produced at the trial and which if introduced and

admitted would probably change the judgment.

7. What is the nature of the issuance of a search warrant?

 A search warrant is an order that is obtained by a law enforcement officer from a judge,

granting them permission to search a specific place and seize specific persons or things.

8. What is the legal basis of the issuance of a search warrant? Explain

Search warrants are governed by Art. III, Sec. 2 of the Constitution which provides: Section 2.

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable

searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or

warrant of arrest shall issue except upon probable cause to be determined personally by the judge after

examination under oath or affirmation of the complainant and the witnesses he may produce, and

particularly describing the place to be searched and the persons or things to be seized.

9. What is required in the conduct of a warrantless search by a law enforcer? Explain.

Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known as "citizen’s

arrest," is lawful under three circumstances:

 When, in the presence of the policeman, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense. This is the "in flagrante delicto" rule.

 When an offense has just been committed, and he has probable cause to believe, based on

personal knowledge of facts or circumstances, that the person to be arrested has committed it.

This is the "hot pursuit" arrest rule.

 When the person to be arrested is a prisoner who has escaped from a penal establishment.

In flagrante delicto warrantless arrest should comply with the element of immediacy between the time

of the offense and the time of the arrest. For example, in one case the Supreme Court held that when the

warrantless arrest was made three months after the crime was committed, the arrest was unconstitutional

and illegal.
10. What is the consequence of illegal searches and seizures conducted by police officers?

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against

unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no

search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by

the judge after examination under oath or affirmation of the complainant and the witnesses he may

produce, and particularly describing the place to be searched and the persons or things to be seized