Variance doctrine – when there is a difference between the offense charged in the complaint and that

proved, and the offense charged necessarily includes the offense proved, the conviction shall be based
on the offense charged if it is related to the offense proved (vice versa) provided that the conviction is of
lesser penalty

TN: Instances when bail is a matter of right

TN: When should the accused be allowed bail? Only upon conviction/detention. If not yet detained/not
yet surrendered himself in court, he cannot be allowed to post bail

When an accused wants to question mixed questions of fact and law – file an ordinary appeal by filing a
notice of appeal before the Sandiganbayan

Motion to reopen proceedings – motion to be filed when. Before the promulgation of the decision, new
evidence is discovered (can be availed both by the prosecution and the defense)
Remedy for irregularities during the conduct of trial – Motion for New Trial
Supervening events – double jeopardy will not apply
Necessity of barangay conciliations - must be raised at the earliest opportunity; in criminal cases, must
be raised before arraignment
Absence of approval of a public prosecutor – will not cause lack of jurisdiction of the court ; can still be
remedied by the court
Person who is detained but not yet charged in court – CAN post bail

Demurrer to evidence – in criminal cases, it can be filed with or without leave of court
- if without leave of court, once his demurrer is denied, he cannot present any evidence including the
civil aspect
Right to bail -