FINALS DISCUSSION

-75 % accurate from the mouth of your favorite law prof.-

Rule 117 Motion to Quash

1st Ground
-The facts do not constitute an offense.
Limit the findings in the complaint or information

2nd Ground
-The court trying the case has no jurisdiction over the offense charged.
Based on the facts alleged in the complaint or information
Example: Filed in the MTC, but should be in the RTC

3rd Ground
-The court trying the case has no jurisdiction over the person of the accused.
Ways on how the court acquires jurisdiction over the person of the accused:
a. Voluntary surrender
b. lawful arrest
* if the arrest is unlawful, court did not acquire jurisdiction.
C. appearance of the accused in arraignment
* If there is a warrant xxx, the court did not yet acquired jurisdiction.

4th Ground
-The officer who filed the information had no authority to do so.
The court may motu proprio dismiss the case.
Two scenarios under this ground:
a. Person who filed is not authorized
b. Person (associate pros.) who filed is authorized but not approved by City/Prov. Pros.
-the court will require the city/provincial prosecutor, court will not automatically dismiss. If
Associate prosecutor fail/refuses, the court will now dismiss via motion to quash.

5th Ground
-That the complaint/information does not conform substantially to the prescribed form.
*Rule 110

6th Ground
-That more than 1 offense is charged except when a single punishment for a various offense is prescribed by law.
(Duplicity/Multiplicity)
Reasons: To avoid duplicity/multiplicity of charges; to protect the accused from confusion or in
difficulty of making his defense.
Take note: Failure to allege this ground in the motion to quash, THE ACCUSED CAN BE
CONVICTED FOR AS MANY TIMES AS CHARGED.

7th Ground
-That the criminal action or liability has been extinguished.
*AMNESTY can extinguish the liability and criminal action.
*DEATH
*CONTINOUOS TRIAL RULE: violations of BP 22, violation of SSS, PAG-IBIG laws- the
PAYMENT of the accused of the said violation EXTINGUISHES criminal liability.

8th Ground
-It contains averments which if true would constitute a legal excuse or justification.
*Obedience to a superior
*Self-Defense
TAKE NOTE: Here, the accused admits that he committed the crime charged. He will file a motion to
quash.

9th Ground
-The accused has been previously convicted of the offense charged, or the case against him was dismissed or
otherwise terminated without his express consent.
*In short, DOUBLE JEOPARDY

What is prohibited?
Prosecution of the SAME OFFENSE not the same act.
Scenario:
A owns a hardware store, B went to buy from A. B used a post dated check. Check bounced.
- A can file BP 22 and ESTAFA, there is no double jeopardy. ONE ACT, TWO different
OFFENSE. (A single act may give rise to multiple offenses.)
CONTINUOUS TRIAL RULE
GENERAL RULE: MOTION TO QUASH IS PROHIBITED.
EXCEPTION: It is allowed in meritorious cases on the grounds enumerated in RULE 117(1-9^)
NOTE: if other grounds are used, motion to quash is PROHIBITED.

WHEN TO FILE MOTION TO QUASH?

GENERERAL RULE: Before the accused entered his plea.
Exception: (can be filed even before the accused enters his plea)
1. If facts do not constitute an offense.
2. Court has no jurisdiction.
3. Criminal action/liability has been extinguished.
4. Double Jeopardy.

Scenario:
Accused refused/does not enter plea. Court enters a plea of not guilty. During the trial, court filed a motion
to quash on the grounds EXCEPT THOSE 4(exceptions) MENTIONED ABOVE. Is the motion to quash proper?

-YES, MOTION TO QUASH is still proper and available because accused did not yet enter his plea. (the
court entered the plea, it is considered that the accused did NOT enter his plea.)

WHAT HAPPENS IF MOTION TO QUASH IS FILED?

1. Court will deny the motion to quash and order the amendment if information is subject to amendment.

2. Court will grant the motion to quash. If granted, the remedy is to refile the information except if the ground of the
Motion to quash is either EXTINCTION of CRIMINAL ACTION/LIABILITY or DOUBLE JEOPARDY.

If under detention, court will order another information/complaint to be filed, accused will be
released if admitted to BAIL.

If the order granting the motion to quash did not state refiling or even if there was such statement,
but no information/complaint was filed- the accused shall be released.

3. If court will deny the motion to quash.

Take note: the order denying the motion to quash is UNAPPEALABLE because it is an
interlocutory order. THE REMEDY IS TO PROCEED TO TRIAL. IF CONVICTED, APPEAL THE
CONVICTION AND RAISE THE DENIAL OF THE MOTION TO QUASH.

MOTION TO QUASH DEMURRER TO EVIDENCE

-Before entering his plea. -after the prosecution rests its case.

-No need for leave of court. -with or without leave of court.

-Grounds enumerated in Rule 117 (1-9)
-Grounds are found in the face of the complaint or
information.
-Effect, not necessarily follow dismissal of the case.
IF with leave of court, the accused can present
evidence.
IF without leave of court, the accused cannot
present evidence.
-Ground is for INSUFFICIENCY of EVIDENCE (not
found in the complaint/information)
Effect, Bar to another prosecution and is equivalent to
 -Motion to quash cannot be immediately manifested acquittal.
(made in the same day upon finding of the ground).
This is because, it must be in WRITING, SIGNED,
DISTINCTLY SPECIFY ITS FACTUAL and LEGAL
GROUNDS.
EXCEPTION:
If the ground is LACK OF JURISDICTION
OVER THE OFFENSE CHARGED, the court can
motu proprio dismiss the case, no need to wait for a
motion to quash.

PROVISIONARY (TEMPORARY) DISMISSAL

-Consent of the accused, notice to the offended party (all parties must be present except failure to appear despite due
notice.)

-One of the PURPOSE OF PROVISIONAL DISMISSAL is when the parties want to settle amicably.

-if allowed, the case will be archived.

-IF case is punishable with a penalty not exceeding 6 years. If after 1 year the case is not yet revived, the dismissal
will become permanent.

-IF case is punishable with a penalty exceeding 6 years. If after 2 years the case is not yet revived, the dismissal will
become permanent.

TAKE NOTE: REVIVAL OF THE CASE REQUIRES THE CONSENT OF THE PROSECUTOR.

RULE 118 PRE-TRIAL

-IF either the private offended party or the accused failed to appear during the pre-trial despite due notice, the pre-
trial will still proceed.

-IF the lawyers of both parties failed to appear, the hearing will be postponed subject to penalties.

-Admissions during pre-trial should be reduced in writing and must be signed by counsel. If not, admissions cannot
be used against the accused, in short, the prosecution must prove the admission.

-All agreements are entered into the PRE-TRIAL ORDER.

-Under the Continuous Trial Rule, the pre-trial order should be immediately served to the parties after the
termination of the trial on the same day.

-Fix the trial dates in pre-trial.

 -Under the Continuous Trial Rule, the set trial dates cannot be amended, substituted, or
changed. Failure to appear in the fixed trial date, waiver to present evidence and witnesses.

-Failure to be present in pre-trial, you have deemed to have waived your right to present witnesses. UNLESS, if
you have a valid reason.

PRE-TRIAL
CIVIL CASE CRIMINAL CASE
-Branch clerk of court sets pre-trial, upon receipt of -court will set the date. Same date with arraignment.
complaint IF under detention- within 10 days
2 dates to be considered IF not under detention- within 30 days from the day
when the pre-trial is set: the court acquires jurisdiction over the person of the
-5 days within the date of filing. accused.
-60 days within days from the receipt of the last
responsive pleading -mandatory

-mandatory -before the date of the pre-trial, there is the Pre-trial

-pre- trial brief is mandatory
-failure to file pre-trial brief, effect= as if you have
failed to appear in the pre-trial with fines.
-if plaintiff and counsel failed to appear, case will be
dismissed with prejudice, unless otherwise ordered by
the court. In short you can no longer refile the case if
the dismissal is with prejudice.
-if defendant and counsel failed to appear, the plaintiff
will present evidence ex-parte. Defendant can still
brief (not mandatory)
-It contains what will happen in the pre-trial,
documentary evidence etc.
-court will proceed despite the absence of the accused
and the complainant unless there is a valid reason for
their failure to appear.
-if lawyers failed to appear, they are subject to
sanctions and proper penalties.
-GENERAL RULE: amicable settlement is not
 appear in trial but will not be allowed to present allowed.
evidence. Except: those cases where the law allows
compromise agreement
-Amicable settlement is allowed
-Agreements and admissions are required to be signed
-Agreements and admissions not required to be signed. by the accused and counsel, so that it can be used
against him.
-After pre-trial, court may submit the case for summary
judgment or judgment on the pleadings. In short, right -Admissions in pre-trial are JUDICIAL
after pre-trial, court may dismiss the case. ADMISSIONS, there is no need to present any proof.

-It is required that the witness must personally testify

so that the court can see the demeanor of the accused,
how consistent is the testimony, facial reactions.
-ONLY required if the penalty is more than 6 years.
- If 6 years below, JUDICIAL AFFIDAVIT IS
ENOUGH.

RULE 119 TRIAL

-Court will strictly follow the dates of
-prosecution will be the first to present evidence unless there is a reverse trial.
-in 1st level courts, judicial affidavits are required.
-in 2nd level courts, witnesses personally testimony is required.

-Under the Continuous trial rule, after the last witness testified, the prosecution/accused will ORALLY,
FORMALLY OFFER THEIR EVIDENCE.

SCENARIO:
During pre-trial, the private complainant’s birth certificate was identified as exhibit A. During trial, it was
identified. But failed to offer it orally, formally during the last presentation because the lawyer forgets to do it. What
will happen?

-Court will not consider the birth certificate in rendering the decision.

What is the remedy?

-Considering that it was properly identified in the pre-trial, and thus it properly recorded in the case, the
court may consider it. BUT, the accused may assail that it was not formally offered.

GENERAL RULE: if not formally offered, it will not be considered.

THE EXCEPTION: If it is properly incorporated (Identified in the pre-trial) in the records of the case, the court
may still consider the evidence in rendering the decision.

Is the accused required to be present in every hearing?

No. There are only 3 stages of trial where the accused is required to be present:
a. Arraignment
*In arraignment, the accused cannot execute the special power of attorney for the attorney to enter
plea of the accused.Only the accused can enter his plea.
 b. pre-trial
*Identification purposes, unless if the accused admitted that for every time his name is mentioned
it is referring to the him =waiver of identification.

c. promulgation of sentence.

If during trial, accused failed to appear?

-Considering the accused is already arraigned, the court already acquired jurisdiction over the
accused, the case will be tried in absentia in the absence of the accused. IF the court did not yet acquire
jurisdiction over the person of the accused, case cannot proceed.(DURING THE TRIAL STAGE)

HOW ABOUT if the court acquired jurisdiction before the arraignment? The accused was made to appear,
can the court proceed to arraignment, pre-trial, trial?
-NO, trial will be postponed, and the court will issue a warrant of arrest. If the accused posted bail,
the bail will be confiscated in favor of the government.

DISCHARGE OF AN ACCUSED AS A WITNESS.

When the prosecution lacks witnesses or evidence to prove the guilt of the accused, there must be 2 or more accused
who is jointly charged. What is the remedy?
-File a motion to discharge one of the accused as a witness.

Who will file the motion?

-The prosecution.

When?
-Before the prosecution rests its case. In short, during trial, you can still file the motion.

Take note: The prosecution is required to present evidence and the sworn written statement of the sate witness. The
prosecution cannot force the accused, it must be with consent of the accused who is going to be discharged.

How will court resolve the motion?

-The court must first determine if there is really a NECESSITY to discharge the accused as a state witness.
The court must also see if there are no other direct evidence and the court must also see if the testimony of the
accused who is going to be discharged can be substantially corroborated in its material points. The court must also
see that the accused who is going to be discharged is the least guilty. Also, the accused who is going to be
discharged had not been convicted of any crimes involving moral turpitude. (Requisites)

If all the above mentioned are present, there is a POSSIBILITY that the court will grant the motion.

SCENARIO:
1. A, B and C conspired and killed D. D was killed. Prosecution does not have any direct evidence. Prosecution filed
a motion to discharge A as a state witness. Will you grant the motion?

-No. In conspiracy, guilt of one is the guilt of all. No one is the least guilty among the three
accused. Thus, none of them is qualified to be discharged as a state witness.

After the prosecution rests its case, and after he made his oral, formal offer of evidence:
Under the old rule, there are 3 things the court will do.
1. Court on its initiative will dismiss the complaint.
2. Accused will file a demurrer to evidence.
3. Accused will present evidence.

Under the Continuous Trial Rule(New Rule)

It is the obligation of the Judge to ask the counsel of the accused IF THEY INTEND TO FILE A DEMURRER
TO EVIDENCE OR PRESENT EVIDENCE(proceed to trial). In short, the new rule removed the initiative of the
court to motu proprio dismiss the case.

If the accused chose to file a demurrer, he must make a written or oral motion which is either with or without leave
of court. If with leave of court and the motion is denied, the accused can still present evidence. If otherwise, the
accused cannot present evidence.

Under the Continuous Trial Rule, the accused is given 10 days (non-extendible period) to file a demurrer. The
opposing party is also given a 10 day non-extendible period from the receipt of the demurrer to evidence to file his
motion.

RULE 120 JUDGMENT

-must be in writing. If accused is guilty or not guilty.
-If for conviction, it must state the reason why the prosecution was able to prove the guilt beyond reasonable doubt,
the penalty (criminal and civil).

Why is it required^?
-in case of appeal, appellant can pinpoint which part of the judgment wants to appeal.

-Judgment must be read in the presence of the accused EXCEPT in light offenses where the accused can be
represented by someone or his lawyer. BUT, this does not mean that if the accused is absent then there can be
no promulgation of judgment, so long as the accused is duly notified, JUDGMENT IN ABSENTIA-
Promulgation of judgment will be made by recording the judgment in the criminal dockets of the case and a
copy will be served to the last known address of the accused.

Who promulgates the judgment?

-The judge, or clerk of court only in case the judge is ABSENT OR OUTSIDE THE PROVINCE OR THE CITY.

Scenarios:
1. Today is the date for the promulgation of the accused. 5 days before today, the judge retired. Who will
promulgate the judgment? Can the clerk of court promulgate the judgment?

-The new judge. New judge will make another decision, he cannot use the decision of the deceased judge because it
was not signed by the new judge.

-No, clerk cannot promulgate the judgment because the phrase “absent or outside the province/city” is construed
LITERALLY.

2. Today is the day of the promulgation, it was scheduled 3pm. The judge decided to die 1 hour before 3 pm. Can
the clerk of court promulgate the judgment?

-No, clerk cannot promulgate the judgment because the phrase “absent or outside the province/city” is construed
LITERALLY. When the judge dies or retires, the judge is not ABSENT OR OUTSIDE THE PROVINCE/CITY.

3. Today is the day of the promulgation, accused was duly notified. The judgment is for conviction. Accused failed
to appear so the judgment was made in absentia. Accused filed a Motion for Reconsideration. Will you grant or deny
the MR?

-No, if accused failed to appear despite due notice and that the judgment was for conviction, the accused WAIVES
ALL HIS RIGHTS meaning HE LOST ALL HIS AVAILABLE REMEDIES UNDER THE RULES. IN SHORT,
NO APPEAL, MR, PETITION FOR CERTIORARI.

-There is still one remedy in this case: within 15 days, the accused surrenders and filed a motion
for leave to avail the remedies provided under the rules and laws. In this motion, the accused must state the
reason why he failed to appear.
 - If this motion is granted, the accused have 15 days counted from the receipt of granting of the
motion, to avail the proper remedy.

When judgment becaomes final?

1. If for acquittal, final on the day of promulgation.
WHY?: judgment of acquittal cannot be appealed-DOUBLE JEOPARDY
2. If for conviction:
A. After lapse of period for perfecting an appeal (15 day period counted from the day of the promulgation)
B. When the accused began serving his sentence
C. When the accused waived in writing his right to appeal
D. When the accused applied for probation.

TAKE NOTE: FILING AN APPEAL EXCLUDES PROBATION, PROBATION

EXCLUDES APPEAL.
RULE 121-127 (REMEDIES)
SCENARIOS:
1. PP v A (in MTC). A was convicted. If A wants to appeal, what is the remedy of A?

-The remedy is to file a NOTICE OF APPEAL before the RTC but the accused must file the NOTICE OF APPEAL
before the MTC although the accused is appealing to the RTC. If the RTC affirms, the remedy is to file a PETITION
FOR REVIEW under Rule 42 to the Court of Appeals. If the CA affirms, the next remedy is to file a PETITION
FOR APPEAL under RULE 45(appeal by certiorari) under questions of law to the Supreme Court.

2. PP v A (in RTC). A was convicted. If A wants to appeal, what is the remedy?

-The remedy is to file a NOTICE OF APPEAL to the CA by filing it at the RTC. IF CA affirms, file a NOTICE OF
APPEAL via RULE 45 to the SC.

*If the RTC imposed the penalty of reclusion perpetua and life imprisonment same rules as mentioned above. BUT
if it went to the CA and the CA imposed a penalty of reclusion perpetua or life imprisonment, the accused has two
remedies:
-Notice of appeal; or
-Rule 45 in pure questions of law, both to the SC.

WHEN TO FILE APPEAL?

1. Within 15 days from the promulgation of judgment.
2. Within 15 days from notice of the order appealed from.

SCENARIOS:
1. PP v A. The date of promulgation is on December 1, 2022. A has until December 16, 2022 to file an appeal
(exclude the first day, include the last day).

2. PP v A. The date of promulgation is on December 1, 2022. On December 10, 2022, A filed a motion for
reconsideration or motion for new trial. On January 10, 2023, A received an order denying his MR or MNT. Then
on January 24, 2023, A filed a Notice of Appeal to the CA. Was the Notice of Appeal filed on time?

-Yes. A has 15 days from the notice of the order appealed from to file a Notice of Appeal. A received the order in
January 10, meaning A has until January 25 to file a Notice of Appeal.

TAKE NOTE! FRESH PERIOD RULE (FRESH 15 day period) This is the NEW RULE,
also applicable in civil procedure.
EXAMPLE UNDER THE OLD RULE:
PP v A. The date of promulgation is on December 1, 2022. A filed a MR on December 10. If did
not file a MR, A has until December 16 to file a Notice of Appeal. But since he did, the finality of
judgment was stayed on December 10. A received the order denying the MR on January 23, 2023. A now
only has 6 days to file a notice of appeal because there is no fresh 15 days.
SCENARIOS:

1. PP v A, B, C, D. The date of promulgation is on December 1, 2022. Only A filed a motion for reconsideration on
December 10, 2022. When is the finality of judgment?

-B, C, and D who did not file a Notice of Appeal, Motion for Reconsideration or Motion for New Trial, the
judgment will become final after the lapse of period of appeal on December 16, 2022.

-A’s finality of judgment will be STAYED because he appealed.

2. A, B, C, and D were convicted for homicide. Only A filed a Notice of Appeal. For B, C, and D their judgment
already attained finality. The appellate court affirmed the conviction of A and upgrades the crime to Murder because
of the presence of a qualifying aggravating circumstance. Will the conviction of A by the appellate court of murder
affect B,C, and D who did not appeal?

-No, although the judgment of the appellate court is applicable to B, C, and D it is not FAVORABLE.

What if the trial court’s judgment is of Murder but the appellate court downgrades the crime to homicide, will the
judgment affect B, C, and D who did not appeal?

-Yes, because it is both APPLICABLE and FAVORABLE to B, C, and D

3. A, B, C, and D were convicted. Only A filed an appeal. Appellate Court modified the judgment of A because is a
Minor meaning his sentence was reduced. Will the judgment of B, C, and D be affected?

-No, it will not affect B, C, because although it is favorable but it is NOT APPLICABLE.

4. PP v A. A was convicted. A filed a Notice of Appeal. During the pendency of appeal, A escaped from
imprisonment. If you are the appellate court, how will you decide the Notice of Appeal filed by A?

-Dismiss the Notice of Appeal. At the time the accused escaped, the accused LOST HIS STANDING. Therefore, he
also lost the remedies provided by the rules or law. In short, the accused cannot file Notice of Appeal.

5. PP v A (in MTC). A was convicted. A filed a Notice of Appeal to the RTC. A failed to file memorandum. RTC
dismissed the Notice of Appeal because he failed to file his memorandum. Is the dismissal correct?

-No, the dismissal is not correct. This is because the filing of the memorandum is OPTIONAL. The judgment of the
RTC must be based on the records of the case.

6. PP v A (in RTC). A was convicted. A filed a Notice of Appeal to the CA. But A failed to file his appellant’s brief.
The CA dismissed the Notice of Appeal because A failed to file his appellant’s brief. Is the dismissal correct?

-Yes, the dismissal is correct. Under Rule 124, the Court of Appeal may dismiss the Notice of Appeal if the
appellant fails to file his appellant’s brief on the ground of abandonment.

*Who can appeal?

-The accused.
*The state cannot appeal. If the state cannot appeal, what is the remedy?
-File a petition for certiorari under RULE 65 on the ground of grave abuse of discretion amounting to lack
or in excess of jurisdiction.

*If a Motion for New Trial or Reconsideration is granted, what is the effect?
-The judgment will be vacated, as if there is no previous judgment.

RULES ON SUMMARY PROCEDURE

-CRIMINAL CASES-
What are the criminal cases governed by the Rules on Summary Procedure?
A. Traffic violations;
B. Violations of rental laws;
C. Violations of Municipal/city ordinance;
D. Violations of BP 22, and;
E. Other criminal cases where the penalty prescribed for the offense charged is imprisonment not exceeding 1
year, or a fine not exceeding Php. 50,000.00 or both, regardless of other imposable penalties, accessories or
otherwise or of the civil liability arising therefrom.

In offenses including damage to properties, through criminal negligence under Article 365 of the
RPC, the Rules of SUMMARY PROCEDURE shall govern where the imposable fine does not exceed Php.
150,000.00.

Procedure:
1. 3 ways on how to commence criminal actions governed by the Rules on Summary Procedure:
A. Filing a complaint before the MTC (direct filing)
-First thing for court to do: find probable cause, if none then court will dismiss. As a result, the
accused will never know if a case was filed against him.
B. Filing an information (a complaint was first filed to the prosecutors’ office)
C. Through a SWORN STATEMENT AND AFFIDAVIT
-Made by the Police.
-There is danger in using this mode to commence. Why?
-General Rule: If the sworn statement is incomplete or there is discrepancy.
The prosecutor cannot make an additional direct examination because this is the
TESTIMONY.The one making the sworn statement is bound.

-Exception: For meritorious reasons.However, this falls under the discretion of

the trial court.

2. After commencing the criminal action, same rules will be applied as those governed by the regular rules.

3. There MUST be a MEDIATION. This is to give time for the parties to amicably settle the case within 30 days.

4. If no settlement was concluded, the case will proceed to TRIAL and then Judgment.

TAKE NOTE: For cases governed by the SUMMARY PROCEDURE, the original
jurisdiction falls within the 1st Level Courts(MTC)

5. The decision of the MTC is APPEALABLE to the RTC whose decision is FINAL, EXECUTORY, and
UNAPPEALABLE. However, there is a remedy which is under RULE 65 (petition for certiorari) provided that the
ground of grave abuse of discretion amounting to excess or lack of jurisdiction is present.
Scenario:
A was convicted by the MTC of a case governed by the summary procedure. A appealed to the
RTC. RTC affirmed the MTC’s judgment. Can A file an appeal to the CA?

-No, the decision of the RTC is FINAL and UNAPPEALABLE as per the Rules on Summary
Procedure.

THINGS TO REMEMBER IN SUMMARY PROCEDURE

-No warrant of arrest shall be issued in the 1st level courts.
EXCEPTION:
When accused failed to appear despite due notice.

-The accused can be released either on BAIL, RECOGNIZANCE or RESPONSIBLE CITIZEN

ACCEPTABLE TO THE COURT.

-PROHIBITED PLEADINGS:
A. Motion to quash
Except on the grounds of :
-lack of jurisdiction over the subject matter
 -failure to comply with the requirement of barangay mediation
B. Motion to hear or resolve affirmative defenses (usually in civil cases)
C. Motion for Bill of Particulars (for vague allegations)
D. Motion for New trial/Reconsideration on the judgment of merits
E. Petition for Relief from Judgment
F. Motion for Extension to File Pleadings
G. Petition for certiorari, mandamus, prohibition against an interlocutory order.
*A judgment of the RTC affirming the conviction of the accused is NOT an INTERLOCUTORY
ORDER. It is a judgment based on merits.

Why are these MOTIONS mentioned above prohibited?

- For cases governed by the Rules of Summary Procedure, the procedure must be SUMMARY.
The enumerations above are dilatory, it will delay/prolong the procedure. Thus, it defeats the purpose of the
Rules on Summary Procedure.

PROBATION
-Applies when penalty imposed is either imprisonment or fine.

-If you file a notice of appeal, you can no longer file for probation. If you file for probation, you can no longer file a
notice of appeal. This is because Notice of Appeal excludes probation and probation excludes notice of appeal.

SCENARIOS:

1. PP v A(in MTC). A was convicted. A wants to file for probation. Where can he file?

- In the MTC.

2. PP v. A(in RTC). A was convicted for attempted homicide. ATTEMPTED HOMICIDE IS NOT SUBJECT FOR
PROBATION. A appealed the conviction before the CA. CA affirmed the conviction but for physical injuries
because there was no intent to kill. Can A file for application for Bail? Where will A file the application for
probation?
-Yes, A can file for probation. A will file before the trial court which rendered his non probationable penalty, in this
case, the RTC.

3. PP v A, B, C, and D (in RTC). All convicted of attempted homicide. Only A appealed his conviction before the
CA. CA changed the conviction to physical injuries. A filed application for Bail before the court who rendered the
non-probationable penalty. B, C, and D can also do the same but must attach a certified copy of the decision of the
CA.

4. PP v. A (in MTC) A was convicted for physical injuries. Within what time will A file an application for
probation?

-Within the period to appeal (15 days from the promulgation)

5. PP v A (in RTC). A was convicted for attempted homicide (not probationable). A appealed to the CA. CA
convicted A for physical injuries. Within what time A can apply for probation?

-Before the conviction of the appellate court becomes final.

What is the period of probation?

A. If the penalty imposable is imprisonment not exceeding 1 year, then the period of probation shall not exceed 2
years.

B. If the penalty imposed is beyond 1 year of imprisonment, then the period of probation shall not exceed 6 years.

C. If the penalty imposed is FINE and the accused is INSOLVENT, the period of probation shall not be less than nor
more than 2 times its subsidiary imprisonment as computed under the RPC.