CRIMINAL PROCEDURE

a. The act of the Judge was not correct.

Under the Rules of Criminal Procedure, trial is no longer necessary in order for the adjudication of criminal action in
an instance when the accused pleads guilty to the offense during arraignment.

In this case, such a plea of guilty by X, formally entered on arraignment, is sufficient to sustain a conviction of any
offense charged in the information, even a capital offense without the introduction of further evidence, the defendant
having himself supplied the necessary proof.

Thus, the re-arraignment should have been suspended, the decision against X must be sustained.

b. When the accused pleads guilty to a capital offense, the court must assure itself that the plea is not improvidently
made so it must: (1) conduct a searching inquiry into the voluntariness and full comprehension of the consequences
of his plea; (2) require the prosecution to prove his guilt and the precise degree of his culpability; and (3) ask the
accused whether he desires to present evidence in his behalf, and allow him to do so, if he so desires.

Thus, if these conditions are not met by the court, the plea may be considered as improvidently made.

2. The Judge was not correct in dismissing the case.

Under Rule 113, Section 5 of the Revised Rules of Criminal Procedure, a peace officer or a private person may,
without a warrant, arrest a person: (a) when, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.

Moreover, when a person is lawfully arrested without a warrant involving an offense which requires a preliminary
investigation, inquest by the public prosecutor will follow instead of a regular preliminary investigation

In this case, A and B’s motion to dismiss on the ground of failure of the police officers to submit video recording of
their arrest is untenable.
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a. The distinction between dismissal with prejudice from a dismissal without prejudice is that - the former disallows
and bars the refiling of the complaint, whereas, the same cannot be said of a dismissal without prejudice.

Likewise, where the law permits, a dismissal with prejudice is subject to the right of appeal.

b. The opposition to the revival of the case is incorrect.

In order for the dismissal to become permanent after service of the order of dismissal on the public prosecutor,
a period of 1 year should have elapsed after issuance of the order without the case having been revived.

In the case at bar, the case may be revived by the State within the time-bar either by the refiling of the
Information or by the filing of a new Information for the same offense or an offense necessarily included therein.

4. The motion to quash shall be in writing signed by the accused or his counsel. It shall specify distinctly has the factual
and legal grounds therefor and the court shall consider no grounds other than those stated therein except lack of
jurisdiction over the offense charged.

Further, the accused may move to quash the complaint or information on any of the following grounds:

(a) That the facts charged do not constitute an offense; (b) That the court trying the case has no jurisdiction over the
offense charged or the person of the accused; (c) That the officer who filed the information had no authority to do
so; (d) That it does not conform substantially to the prescribed form; (e) That more than one offense is charged
except in those cases in which existing laws prescribe a single punishment for various offenses; (f) That the criminal
action or liability has been extinguished; (g) That it contains averments which, if true, would constitute a legal excuse
or justification; and (h) That the accused has been previously convicted or in jeopardy of being convicted, or acquitted
of the offense charged.

Thus, if the motion to quash is sustained the court may order that another information be file. If such order is made
the accused, if in custody, shall remain so unless he shall be admitted to bail. If such order is not made or if having
been made another information is not filed within a time to be specified in the order, or within such further the court
may allow for good cause shown the accused, if in custody, shall be discharged there from, unless he is also in
custody on some other charge.

6.

A. The trial shall proceed in the following order:

(a) The prosecution shall present evidence to prove the charge and, in the proper case, the civil liability.

(b) The accused may present evidence to prove his defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.

(c) The prosecution and the defense may, in that order, present rebuttal and sur-rebuttal evidence unless
the court, in furtherance of justice, permits them to present additional evidence bearing upon the main
issue.

(d) Upon admission of the evidence of the parties, the case shall be deemed submitted for decision unless
the court directs them to argue orally or to submit written memoranda.

(e) When the accused admits the act or omission charged in the complaint or information but interposes a
lawful defense, the order of trial may be modified.

B. An inverted trial is a kind of trial in which the accused admitted the crime but interposes exculpatory defenses,
and the burden of jurisdiction is now on him and he will be the first to present evidence.
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