Instructions:

Copy and answer the following questions in a lesson plan notebook.

Support your answers with provisions law and/or jurisprudence.
Observe proper margins and try to write neatly.
Your work may be submitted ONLINE on or before 6:00pm of December
27, 2020 @6:00PM (scanned/photographed pages of the notebook in
portrait orientation in a single PDF file).
OR by DEPOSITING your notebooks on or before 3:00pm of December 28,
2020 at the Prosecutors Office Bauang, La Union.
Make sure that the scan/photo of the pages of your notebook are
readable and in proper orientation. Otherwise, I will no longer read your work
and automatically give you a grade of 70. Same grade shall be given to an
incomplete output, and belatedly submitted output.
CRIMINAL PROCEDURE POINTERS
1. What is criminal jurisdiction?
https://batasnatin.com/law-library/remedial-law/criminal-procedure/3
84-what-is-jurisdiction-venue.html
> Power or authority given by the law to a court or tribunal to hear and determine
certain controversies
> Power of courts to hear and determine a controversy involving rights
which are demandable and enforceable
-Power of the court to decide a case on the merits

-Place of trial

-Substantive

-Granted by law or by the constitution and cannot be waived or stipulated

Authority to hear and try a particular offense and impose the punishment for it.

2. How to determine the jurisdiction of the Court in criminal cases?

ELEMENTS OF CRIMINAL JURISDICTION
1. Nature of the offense and

2. the penalty attached thereto

3. Fact that the offense has been committed within the territorial jurisdiction of the
court
 3. What are the essential requirements in order for the Court to assume
jurisdiction over criminal cases?
Requisites A reading of jurisprudence and treatises on the matter
discloses the following basic requisites before a court can acquire
jurisdiction over criminal cases(Cruz v. Court of Appeals, 388 SCRA 72):
(a) Jurisdiction over the subject matter; (b) Jurisdiction over the territory;
and (c) Jurisdiction over the person of the accused.
4. How can the Court acquire jurisdiction over the person of the accused?
Jurisdiction over the person of an accused is acquired upon either his
apprehension, with or without warrant, or his submission to the jurisdiction of the
court G.R. No. L-20687, April 30, 1966 MAXIMINO VALDEPEÑAS, petitioner, vs.PEOPLE
OF THE PHILIPPINES

lawphil.net › juri1966 › apr1966 › gr_l-20687_1966

5. On October 14, 2019, Sanglaan Inc. (SInc.), a business enterprise

engaged in selling ukay-ukay merchandise, just discovered that their
Cashier, Bessy Co, failed to deposit to the bank her sales on February
14, 2015, in the amount of P499.00. The legal counsel of SInc. filed a
case for Qualified Theft. The prosecutor filed the Information for
Qualified Theft in MTCC Lanot, a City in the province of La Union. Judge
Lagos of said Court dismissed the case stating that his Court has no
jurisdiction over the case because the crime was committed before the
amendment of the RPC by R.A. 10951. Is Judge Lagos correct?
No. Judge Lagos is incorrect when he dismissed the case on the basis that the RPC was
amended by R.A. No. 10951.

In People v. Lagon, the Court ruled that the jurisdiction of the court to try a criminal case is
determined by the law in force at the time of the institution of the action.

6. How are criminal actions commenced?

A criminal action is commenced by the filing of a complaint or an
information in court and shall be prosecuted
RULE 110

Prosecution of Offenses

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by
filing the complaint with the proper officer for the purpose of conducting the requisite preliminary
investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila and
other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters.
The institution of the criminal action shall interrupt the running period of prescription of the offense
charged unless otherwise provided in special laws. (1a)

7. What is the effect of the commencement of criminal action?

The institution of the criminal action shall interrupt the running of the period
of prescription of the offense unless otherwise provided in special laws. The
rule does not apply to violations of municipal ordinances and spec ial laws.
The prescriptive periods for violations of special laws are interrupted only by
the institution of judicial proceedings for their investigation and punishment,
while violations of municipal ordinances prescribe after two months

8. What are the prescriptive period of offenses and felony?

Art. 90. Prescription of crime. — Crimes punishable by death, reclusion perpetua or
reclusion temporal shall prescribe in twenty years.

Crimes punishable by other afflictive penalties shall prescribe in fifteen years.

Those punishable by a correctional penalty shall prescribe in ten years; with the
exception of those punishable by arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in one year.

The crime of oral defamation and slander by deed shall prescribe in six months.

Light offenses prescribe in two months.

When the penalty fixed by law is a compound one, the highest penalty shall be made
the basis of the application of the rules contained in the first, second and third
paragraphs of this article.

Sections 1 and 2 of Act No. 3326 otherwise known as AN ACT TO ESTABLISH

PERIODS OF PRESCRIPTION FOR VIOLATIONS PENALIZED BY SPECIAL ACTS
AND MUNICIPAL ORDINANCES AND TO PROVIDE WHEN PRESCRIPTION SHALL
BEGIN TO RUN states that:

Section 1. Violations penalized by special acts shall, unless otherwise provided in such
acts, prescribe in accordance with the following rules: (a) after a year for offenses
punished only by a fine or by imprisonment for not more than one month, or both; (b)
after four years for those punished by imprisonment for more than one month, but less
than two years; (c) after eight years for those punished by imprisonment for two years or
more, but less than six years; and (d) after twelve years for any other offense punished
by imprisonment for six years or more, except the crime of treason, which shall
prescribe after twenty years. Violations penalized by municipal ordinances shall pre
scribe after two months.

Sec. 2. Prescription shall begin to run from the day of the commission of the violation of
the law, and if the same be not known at the time, from the discovery thereof and the
institution of judicial proceeding for its investigation and punishment.
The prescription shall be interrupted when proceedings are instituted against the guilty
person, and shall begin to run again if the proceedings are dismissed for reasons not
constituting jeopardy.

https://attorney.org.ph/legal-news/374-prescription-period-of-crimes
9. If a person is being charged for violation of a Municipal Ordinance – e.g.
Illegal Parking, is the running of the prescriptive period interrupted by
the filing of the complaint in the Prosecutor’s Office?
G.R. No. 169588;October 7, 2013; JADEWELL PARKING SYSTEMS CORPORATION vs.mHON.
JUDGE NELSON F. LIDUA SR.- https://lawphil.net/judjuris/juri2013/oct2013/gr_169588_2013.html

The offense is covered by the Revised Rules on Summary Procedure, not by the old Rules on
Summary Procedure. Considering that the offenses charged are for violations of a City Ordinance,
the criminal cases can only be commenced by informations.

Sec. 11. How commenced. — The filing of criminal cases falling within the scope of this Rule shall
be either by complaint or by information: Provided, however, that in Metropolitan Manila and in
Chartered Cities, such cases shall be commenced only by information, except when the offense
cannot be prosecuted de officio.

Thus, petitioner contended that the filing of the criminal complaint with the Office of the City
Prosecutor stopped the running of the two-month prescriptive period. Hence, the offenses charged
have not prescribed.

As provided in the Revised Rules on Summary Procedure, only the filing of an Information tolls the
prescriptive period where the crime charged is involved in an ordinance.

10. If a person is being charged for violation of a Special Law – e.g. BP

Blg. 22, is the running of the prescriptive period interrupted by the filing
of the complaint in the Prosecutor’s Office?
G.R. No. 152662 June 13, 2012

PEOPLE OF THE PHILIPPINES vs. MA. THERESA PANGILINAN.

Since BP Blg. 22 is a special law that imposes a penalty of imprisonment of not less than
thirty (30) days but not more than one year or by a fine for its violation, it therefor prescribes
in four (4) years in accordance with the Act No. 3326 . The running of the prescriptive
period, however, should be tolled upon the institution of proceedings against the guilty
person.
In People vs. Pangilinan, the Supreme Court explained that while the
prescriptive period for violations of B.P. Blg. 22 is four (4) years, this period is
interrupted once a complaint-affidavit is filed before the proper prosecutor's
office charging respondent (or the issuer) with the said crime.
 11. State the rules on venue in criminal cases.

Section 15(a), Rule 110 of the 2000 Revised Rules of Criminal Procedure provides:

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court or
municipality or territory where the offense was committed or where any of its essential ingredients
occurred.

Section 10, Rule 110 of the 2000 Revised Rules of Criminal Procedure pertinently states:

Place of commission of the offense. – The complaint or information is sufficient if it can be

understood from its allegations that the offense was committed or some of its essential ingredients
occurred at some place within the jurisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense charged or is necessary for its
identification.

12. What is an arrest?

RULE 113

Arrest

Section 1. Definition of arrest. — Arrest is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense. (1)

13. How is arrest done?

RULE 113, Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to
be arrested, or by his submission to the custody of the person making the arrest.

No violence or unnecessary force shall be used in making an arrest. The person arrested shall not
be subject to a greater restraint than is necessary for his detention. (2a)

14. What are instances where arrest without a warrant is valid?

Expound/explain the requisites thereon.
RULE 113
Section 5. Arrest without warrant; when lawful. — 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;

(b) 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; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance
with section 7 of Rule 112. (5a)
15. Bessy reported Bauang Police Station, claiming that she was groped
on the groin by X. Patrolman Pat was radioed by the Police Station to
assist Bessy for the hot pursuit of X, who incidentally was his neighbor.
Patrolman Pat saw X in their garden pulling weeds. Patrolman Pat
arrested X.
a. Is the arrest valid?
a.
No.
For a ‘hot pursuit’ arrest (Section 5, Rule 113 [b)]) to apply, 2 requisites must be
present, these are: 1) an offense has just been committed; and 2) the person making
the arrest has personal knowledge of facts indicating that the person to be arrested
has committed it.

In the instant case however, Patrolman Pat only relied on the claim of Bessy as
justification to arrest X. Such claim does not constitute personal knowledge of the
facts on the part of Patrolman Pat. Hence, there is failure to establish the second
requisite for a hot pursuit arrest to apply, thereby rendering the arrest as invalid.
b. What if the Prosecutor charged X for Acts of Lasciviousness and X
was found guilty by the MTC. Can X raise as an issue on appeal
the illegality of his arrest?
b.

No, X cannot question the illegality of his arrest on appeal. In People vs.
Alunday, the Court ruled that any objection involving a warrant of arrest or the
procedure for the acquisition by the court of jurisdiction over the person of the
accused must be made before he enters his plea; otherwise, the objection is
deemed waived. And since the legality of an arrest affects only the jurisdiction
of the court over the person of the accused, any defect in the arrest of the
accused may be deemed cured when he voluntarily submits to the jurisdiction
of the trial court. The Court also held that the illegal arrest of an accused is
not a sufficient cause for setting aside a valid judgment rendered upon a
sufficient complaint after a trial free from error; such arrest does not negate
the validity of the conviction of the accused.
In this case, the MTC already rendered a decision finding X guilty of the crime
charged, implying that X entered a plea and participated in the trial. Hence, X can no
longer question the illegality of his arrest on appeal because he is deemed to have
waived such alleged defect

16. X was arrested without a warrant for pickpocketing (theft). He was

presented before the Prosecutor’s Office for inquest proceedings. X
requested for a conduct of preliminary investigation.
a. What should X execute in order that his request shall be granted?
X can only request for a conduct of a preliminary investigation after validly
signing a waiver of the provisions of Article 125 of the Revised Penal
Code.(In Matter of the Petition for Habeas Corpus of Marmolito Catelo v.
Chief of the City Jail or Section 7, Rule 112 of the Rules of Court)
 b. What is the reason of this requirement?
c. Can X post bail pending the conduct of the Preliminary
Investigation?
c. Sec 7 rule 112
Yes. Notwithstanding the waiver, he may apply for bail even before he is
charged in court
Yes. Section 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with
the court where the case is pending, or in the absence or unavailability of the judge
thereof, with any regional trial judge, metropolitan trial judge, municipal trial judge, or
municipal circuit trial judge in the province, city, or municipality. If the accused is
arrested in a province, city, or municipality other than where the case is pending, bail
may also be filed with any regional trial court of said place, or if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge, or municipal circuit
trial judge therein.

(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending, whether on
preliminary investigation, trial, or on appeal.

d. Where shall he post bail?

The rule allows any person in custody, who is not yet charged in court, to
apply for bail with any court in the province or municipality where he is held.
(Section 17 (c), Rule 114)

17. What is a search warrant?

RULE 126

Search and Seizure

Section 1. Search warrant defined. — A search warrant is an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court. (1)

18. What is the purpose or characteristics of a search warrant?

Particular, The Philippine Supreme Court declares that the purpose of
this requirement is to limit the things to be seized to those described in
the search warrant and to leave the officers of the law no discretion
regarding what articles they shall seize so abuses may not be committed
(Uy Kheytin v. Villareal, 42 Phil. 886).

19. What is a general warrant?

A general warrant is defined as "(a) search or arrest warrant that is not particular as to the
59
person to be arrested or the property to be seized." It is one that allows the "seizure of
one thing under a warrant describing another" and gives the officer executing the warrant the
discretion over which items to take. G.R. No. 161106 January 13, 2014
WORLDWIDE WEB CORPORATION and CHERRYLL L. YU, vs.PEOPLE OF THE PHILIPPINES
and PHILIPPINE LONG DISTANCE TELEPHONE COMPANY, Respondents.

20. What are the constitutional requirements in the issuance of search

warrant?
"Sec. 2: The right of the people to be secure in their persons, houses, papers and effects
against unreasonable searches and seizures(Sec. 2, Article III, 1987 Constitution of the
Philippines)

Rule 126, Section 4. Requisites for issuing search warrant. — A search warrant shall not issue
except upon probable cause in connection with one specific offense 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 things to be seized which may
be anywhere in the Philippines. (3a)

21. Which Court can issue search warrant?

RULE 126

Search and Seizure

Section 2. Court where application for search warrant shall be filed. — An application for search
warrant shall be filed with the following:

a) Any court within whose territorial jurisdiction a crime was committed.

b) For compelling reasons stated in the application, any court within the judicial region where the
crime was committed if the place of the commission of the crime is known, or any court within the
judicial region where the warrant shall be enforced.

However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending. (n)

22. What are the properties which can be seized under the warrant?
Rule 126 Section 3. Personal property to be seized. — A search warrant may be issued for the
search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense. (2a)

23. Who are the person/s that should be present during the
implementation of search warrant?
in the presence of at least two witnesses of sufficient age and discretion residing in the
same locality, and should require that the property seized by virtue of the warrant shall be
delivered to the judge who issued the warrant. ADMINISTRATIVE CIRCULAR NO. 13
SUBJECT: GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH
WARRANTS.
 24. What is the period of validity of search warrant?
Rule 126, Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days
from its date. Thereafter it shall be void. (9a)

25. On November 2, 2019, Judge Lagos issued Search Warrant 111. On

November 12, 2019, Patrolman Pat implemented said search warrant.
Considering that Patrolman Pat is searching for dangerous drugs in a
hectare wide warehouse, he only finished scour the warehouse after two
days. Is the search valid?

Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its
date. Thereafter it shall be void.No. The search was invalid.

Under Section 10, Rule 126 of the Rules of Court, a search warrant shawarrant shall be
valid for ten (10) days from its date. Thereafter, it shall be void. The exception is if the
search wasn’t finished within 1 day, the warrant can still be used the next day,
provided it is still within the 10-day period

From the facts of the case, it may be observed that the search was made on the tenth day
from the date of its issuance. It is also the end of the 10-day period for which the warrant
shall be valid.

Since the search was continued on the 11th day which is already beyond the 10-day period,
the search becomes invalid.

26. MAD-DDS, a non-government organization who advocates for a drug

free country has designated Atty. Z to assist Prosecutor C in handling a
drugs case against R, a chemist in a shabu laboratory. R objected to the
appearance of Atty. Z. Rule on the objection.
The objection may be granted since RA 9165 or the in its ARTICLE XI
Jurisdiction Over Dangerous Drugs Cases

Section 90. provides that The DOJ shall designate special prosecutors to exclusively handle cases
involving violations of this Act. Since the NGO in this instant case is the one which designated Atty Z
would justify the objection raised by accused R.

All criminal actions either commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor
or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to
the approval of the court. A.M. No. 02-2-07-SC April 10, 2002

RE: PROPOSED AMENDMENTS TO SECTION 5, RULE 110 OF THE REVISED RULES OF

CRIMINAL PROCEDURE

27. Bessy was in the Wet Market when a certain person has touched her
buttocks. Romni saw said act so much so that when Bessy violently
reacted, he immediately arrested said person, Pervy. Romni delivered
Pervy to the Patrolman Pat. After Patrolman Pat prepared the affidavits of
Bessy, Romni and five (5) more witnesses, they all went to the
Prosecutors Office to file a complaint for Acts of Lasciviousness against
Pervy. However, Bessy had a change of heart and left Patrolman Pat,
Romni, and the other witnesses at the Prosecutors Office. Wanting to give
Pervy a lesson, Patrolman Pat, Romni and the other witnesses still filed
the complaint against Pervy. Resolve the complaint.
Sec 5, Rule 110, The offenses of seduction, abduction and acts of lasciviousness shall
not be prosecuted except upon a complaint filed by the offended party or her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by
any of them.In this case, Bessy had pardoned Pervy, thus, the case shall fail and Patrolman
an witness do not have the right / standing to file the same.

28. State the four circumstances under the Rules on Criminal Procedure
where probable cause is required to be established.
probable cause in prelim inves;- Napoles v. De Lima:75
During preliminary investigation, the prosecutor determines the existence of probable
cause for filing an information in court or dismissing the criminal complaint. As worded
in the Rules of Court, the prosecutor determines during preliminary investigation
whether "there is sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and should be held for
trial."

probable cause in search warrants; constitutional mandate A warrant shall

not issue but upon probable cause in laid connection with one specific offense to be
determined by the judge or such other responsible officer authorized by law after
examination under oath or affirmation of the complainant and the witnesses he may produce
on facts personally known to them, and particularly describing the place to be searched and
the things to be seized so that they could be properly identified;

Probable cause to arrest; Section 6. When warrant of arrest may issue.

If judge finds probable cause, he shall issue a warrant of arrest, or a commitment order if the
accused has already been arrested pursuant to a warrant issued by the judge who conducted the
preliminary investigation or when the complaint or information was filed pursuant to section 7 of this
Rule

Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure.
 29. Bessy filed in the Prosecutors Office a complaint for Unjust Vexation
against X. Having found probable cause to the complaint of Bessy, the
prosecutor immediately filed the Information in Court. X filed a motion to
quash claiming that he was deprived of his right to due process because
he was not required by the prosecutor to submit his counter—affidavit to
the charge. Rule on the motion of X.
The motion to quash cannot be granted for the reason that due process is not a ground provided for
under Section 3, . RULE 117 of the Rules of Court. Further, under the case of G.R. No. 101978.
April 7, 1993. EDUARDO P. PILAPIL vs. SANDIGANBAYAN, the preliminary designation of the
offense in the directive to file a counter-affidavit and affidavits of one's witnesses is not conclusive.

30. Draw flowchart of the issuance of warrant of arrest by the court.

31. The Prosecutor filed an Information for Grave Oral Defamation against
X in MTCC Lanot. After going over the documents filed by the prosecutor,
Judge Lagos does not find probable cause for Grave Oral Defamation but
only for Unjust Vexation. He then issued an Order directing the
prosecutor to change the charge against X. Is Judge Lagos correct?
Substantiate your answer.
If the motion to quash is based on the alleged defect of the complaint or
information, and the defect can be cured, the court shall order that an
amendment be made (Sec. 4, Rule 117, Rules of Court).
32. How is the designation of the offense in the complaint or information
be made?
(a) The designation of the offense requires, as a rule, that the name given to the
offense by statute must be stated in the complaint or information. If the statute gives
no designation to the offense, then reference must instead be made to the section or 1
subsection punishing it(Sec. 8, Rule 110, Rules of Court).
(b) To be included in the complete designation of the offense is an averment of the
acts or omissions constituting the offense (Sec. 8, Rule 110, Rules of Court).
(c) The complaint or information must specify the qualifying and aggravating
circumstances of the offense (Sec. 8, Rule 110, Rules of Court; See People v. Ogarte,
G.R. No. 182690, May 30,2011 for suggested reading).

33. What is the rule on duplicity of offense?

1. Section 13. Duplicity of the offense. — A complaint or information must charge but one
offense, except when the law prescribes a single punishment for various offenses. (13a)
2. An objection must be timely interposed whenever a complaint or information charges more
than one offense. Failure of the accused to interpose an objection on the ground of duplicity
of the offenses charged in the information constitutes waiver (People v. Tabio, G.R. No.
179477, February 6,2008).
34. Distinguish amendment and substitution of Information.
1. Amendment may involve either formal or substantial changes, while
substitution necessarily involves a substantial change.
2. Amendment before plea can be effected without leave of court, but
substitution is always done with leave of court since it involves the
dismissal of the original complaint.
3. Where the amendment is only as to form, there is no need for a new
preliminary investigation or plea; in substitution, another preliminary
investigation and plea is required.
4. An amended information refers to the same offense charged or to one, which
necessarily includes or is necessarily included in the original charge, hence
substantial amendments after plea cannot be made over the objection of the
accused. Substitution requires that the new information is for a different offense
which does not include or is not necessarily included in the original charge.
In Pacoy v. Cajigal, G.R. No. 157472, September 28, 2007 citing Teehankee v.
Madayag, G.R. No. 103102, March 6, 1992, 207 SCRA 134:

35. How can the complaint and information be amended?

If the amendment is made before the accused enters his plea, the
complaint or information may be amended in form or in substance,
without the need for leave of court(Sec. 14, Rule 110, Rules of Court)
When leave of court is required even if the amendment is made before
plea 1. Leave of court is required even if made before plea if: (a) the
amendment downgrades the nature of the offense charged, or (b) the
amendment excludes any accused from the complaint or information
(Sec. 14, Rule 110, Rules of Court).
36. When is substitution of a complaint or information proper?
A complaint or information may be substituted if it appears at any time
before judgment that a mistake has been made in charging the proper
offense. In such a case, the court shall dismiss the original complaint or
information once the new one charging the proper offense is filed
provided the accused will not be placed in double jeopardy. (Sec. 14,
Rule 110, Rules of Court).
37. What is the consequence of acquittal on the civil liability of the
accused?
The extinction of the penal action does not carry with it the extinction of
the civil action. However, the civil action based on delict may be deemed
extinguished if there is a finding in a final judgment in the criminal
action that the act or omission from which the civil liability may arise did
not exist (Sec. 2, Rule 111, Rules of Court). The civil action based on
delict may, however, be deemed extinguished if there is a finding on the
final judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist (Hun Hyung Park v. Eung Wong
Choi, G.R. No. 165496, February 12, 2007).
 38. What is a prejudicial question? What is its effect in a pending criminal
case?
A prejudicial question is an issue involved in a civil case which is similar
or intimately related to the issue raised in the criminal action, the
resolution of which determines whether or not the criminal action may
proceed. To constitute a prejudicial question, the rule also requires,
aside from the related issues, that the civil action be instituted
previously or ahead of the criminal action (Sec. 7, Rule 111, Rules of
Court).
Rule 111, Sec 6, Suspension by reason of prejudicial question. — A petition for
suspension of the criminal action based upon the pendency of a prejudicial question in a civil
action may be filed in the office of the prosecutor or the court conducting the preliminary
investigation. When the criminal action has been filed in court for trial, the petition to suspend
shall be filed in the same criminal action at any time before the prosecution rests. (6a)

39. What are the elements of a prejudicial question?

Rule 111, Section 7. Elements of prejudicial question. — The elements of a prejudicial
question are: (a) the previously instituted civil action involves an issue similar or intimately
related to the issue raised in the subsequent criminal action, and (b) the resolution of such
issue determines whether or not the criminal action may proceed. (5a)

40. Bessy filed an Independent Civil Action against X – the driver of a bus
company – and Victoly Bus Line for damages relative a vehicular mishap
that resulted into the death of Bessy’s husband. Subsequently, Bessy
filed a Reckless Imprudence case against X before the Prosecutors Office.
Is the pendency of the case for Damages a prejudicial question on the
Reckless Imprudence resulting in Homicide case?
No. There is no prejudicial question in the instant case because Bessy
has filed an independent civil action that may proceed apart from the
criminal proceeding. it can proceed independently from the criminal action.
Nonetheless, the offended party may not have double recovery. Section 3. When
civil action may proceeded independently. 111

41. What is bail?

RULE 114

Bail

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as required under
the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond,
cash deposit, or recognizance. (1a)

42. When is bail a matter or right and matter of discretion?

Rule 114, Section 4. Bail, a matter of right - . In Sec. 4(b) of Rule 114, recall that bail is a matter of
right before conviction by the Regional Trial Court of an offense not punishable by death,reclusion
perpetua or life imprisonment.
(Sec. 5, Rule 114, Rules of Court)If the grant of bail becomes discretionary when the accused has
been convicted in the Regional Trial Court of an offense not punishable by death,reclusion perpetua
or life imprisonment,it follows that if the penalty imposed is death,reclusion perpetua or life
imprisonment, bail should be denied because this means that the reason for the conviction is that
the evidence of guilt against him is strong.

43. What are the conditions of bail?

Rule 114, Section 2. Conditions of the bail; requirements. — All kinds of
bail are subject to the following conditions:
(a) The undertaking shall be effective upon approval, and unless
cancelled, shall remain in force at all stages of the case until
promulgation of the judgment of the Regional Trial Court, irrespective of
whether the case was originally filed in or appealed to it;
(b) The accused shall appear before the proper court whenever required
by the court of these Rules;
(c) The failure of the accused to appear at the trial without justification
and despite due notice shall be deemed a waiver of his right to be present
thereat. In such case, the trial may proceed in absentia; and
(d) The bondsman shall surrender the accused to the court for execution
of the final judgment.
The original papers shall state the full name and address of the accused,
the amount of the undertaking and the conditions herein required.
Photographs (passport size) taken within the last six (6) months showing
the face, left and right profiles of the accused must be attached to the
bail. (2a)
44. X learned that the Information for Theft initiated by his employer was
already filed in Court, so he sent his wife in Court to post bail for him.
Can the wife post bond in favor of X? Explain
Yes. RULE 114
Bail

Section 1. Bail defined. — Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance before any court as required under
the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond,
cash deposit, or recognizance.

45. X posted bail for the crime of theft he was indicted of. The MTC has
convicted him. His counsel prayed that X be allowed to enjoy his liberty
under X bail bond pending appeal, which the Court granted. The RTC
affirmed X’s conviction for the crime of theft. Counsel of X again prayed
 that X be allowed to enjoy his provisional liberty pending review of the
RTC’s decision. Rule on the motion.
The motion may be granted for the reason that posting of bail pending
appeal of the decision of the trial court convicting the accused is allowed
under SEc 5, Rule 114
46. What are the factors to be considered in fixing bail?
Section 9. Amount of bail; guidelines. — The judge who issued the warrant or granted the
application shall fix a reasonable amount of bail considering primarily, but not limited to, the following
factors:

(a) Financial ability of the accused to give bail;

(b) Nature and circumstances of the offense;

(c) Penalty for the offense charged;

(d) Character and reputation of the accused;

(e) Age and health of the accused;

(f) Weight of the evidence against the accused;

(g) Probability of the accused appearing at the trial;

(h) Forfeiture of other bail;

(i) The fact that accused was a fugitive from justice when arrested; and

(j) Pendency of other cases where the accused is on bail.

Excessive bail shall not be required. (9a)

47. What are the forms of bail?

Rule 114, Section 10. Corporate surety. — Any domestic or foreign corporation, licensed
as a surety in accordance with law and currently authorized to act as such, may provide bail
by a bond subscribed jointly by the accused and an officer of the corporation duly authorized
by its board of directors. (10a)

Section 11. Property bond, how posted. — A property bond is an undertaking constituted as lien on
the real property given as security for the amount of the bail. Within ten (10) days after the approval
of the bond, the accused shall cause the annotation of the lien on the certificate of title on file with
the Register of Deeds if the land is registered, or if unregistered, in the Registration Book on the
space provided therefor, in the Registry of Deeds for the province or city where the land lies, and on
the corresponding tax declaration in the office of the provincial, city and municipal assessor
concerned.

Section 14. Deposit of cash as bail. — The accused or any person acting in his behalf may deposit
in cash with the nearest collector or internal revenue or provincial, city, or municipal treasurer the
amount of bail fixed by the court, or recommended by the prosecutor who investigated or filed the
case.xxx

Section 15. Recognizance. — Whenever allowed by law or these Rules, the court may release a
person in custody to his own recognizance or that of a responsible person.
 48. Where do you file bail?
Rule 114, Section 17. Bail, where filed. — (a) Bail in the amount fixed may be filed with
the court where the case is pending, or in the absence or unavailability of the judge thereof,
with any regional trial judge, metropolitan trial judge, municipal trial judge, or municipal circuit
trial judge in the province, city, or municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may also be filed with any regional
trial court of said place, or if no judge thereof is available, with any metropolitan trial judge,
municipal trial judge, or municipal circuit trial judge therein.

(b) Where the grant of bail is a matter of discretion, or the accused seeks to be released on
recognizance, the application may only be filed in the court where the case is pending, whether on
preliminary investigation, trial, or on appeal.

(c) Any person in custody who is not yet charged in court may apply for bail with any court in the
province, city, or municipality where he is held. (17a)

49. If a material witness for the prosecution refuses to testify, what

should the prosecutor do in order to secure his appearance in court?
Rule 119, Section 14. Bail to secure appearance of material witness. — When the court is
satisfied, upon proof or oath, that a material witness will not testify when required, it may, upon
motion of either party, order the witness to post bail in such sum as may be deemed proper.
Upon refusal to post bail, the court shall commit him to prison until he complies or is legally
discharged after his testimony has been taken.

50. When is bail cancelled?

Rule 114, Section 22. Cancellation of bail. — Upon application of the bondsmen, with due notice
to the prosecutor, the bail may be cancelled upon surrender of the accused or proof of his death.

The bail shall be deemed automatically cancelled upon acquittal of the accused, dismissal of the
case, or execution of the judgment of conviction.

In all instances, the cancellation shall be without prejudice to any liability on the bond. (22a)

51. What are the instances when bail is not allowed?

1. A person charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, shall be not admitted to bail when evidence of guilt is strong regardless of the stage of
the criminal prosecution (Sec. 7, Rule 114, Rules of Court).

2. Bail shall not be allowed after a judgment of conviction has become final (Sec. 7, Rule 114, Rules
of Court).

3. Bail shall not be allowed after a judgment of conviction has become final (Sec. 24, Rule 114,
Rules of Court). The rule is that no bail shall be allowed after a judgment of conviction has become
final. If before finality of the judgment, the accused applies for probation, he may be allowed
temporary liberty under his bail. When no bail was filed or the accused is incapable of filing one, the
court may allow his release on recognizance to the custody of a responsible member of the
community (Sec. 24, Rule 114, Rules of Court).

4. Bail shall not be allowed after the accused has commenced to serve sentence (Sec. 24, Rule 114,
Rules of Court).
 52. What is the rule on the posting of bail on the issue of illegality of
arrest and lack or irregular preliminary investigation?
Rule 114, Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular
preliminary investigation. — An application for or admission to bail shall not bar the accused
from challenging the validity of his arrest or the legality of the warrant issued therefor, or from
assailing the regularity or questioning the absence of a preliminary investigation of the
charge against him, provided that he raises them before entering his plea. The court shall
resolve the matter as early as practicable but not later than the start of the trial of the case.
(n)
The court shall resolve the matter as early as practicable but not later
than the start of the trial of the case (Sec. 26, Rule 114, Rules of Court).

53. What is motion to quash?

It is the mode by which an accused assails the validity of a criminal complaint or
information filed against him for insufficiency on its face in point of law, or for defects which
are apparent in the face of the information.

54. What are the grounds for the quashal of the complaint or
information?
RULE 117

Motion to Quash

Section 3. Grounds. — 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;

(c) That the court trying the case has no jurisdiction over the person of the accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the offense charged, or the case
against him was dismissed or otherwise terminated without his express consent. (3a)

55. What are the effects of sustaining or denying a motion to quash?

What is the remedy on these circumstances?
 Rule 117 Section 5. Effect of sustaining the motion to quash. — If the motion to quash is
sustained, the court may order that another complaint or information be filed except as
provided in section 6 of this rule. If the order is made, the accused, if in custody, shall not be
discharged unless admitted to bail. If no order is made or if having been made, no new
information is filed within the time specified in the order or within such further time as the
court may allow for good cause, the accused, if in custody, shall be discharged unless he is
also in custody for another charge. (5a)

56. What is provisional dismissal?

RULE 117

Motion to Quash

Section 8. Provisional dismissal. — A case shall not be provisionally dismissed except with the
express consent of the accused and with notice to the offended party.

57. What is the period of effectivity of provisional dismissal?

117, 5 2nd par The provisional dismissal of offenses punishable by imprisonment not exceeding six
(6) years or a fine of any amount, or both, shall become permanent one (1) year after issuance of
the order without the case having been revived. With respect to offenses punishable by
imprisonment of more than six (6) years, their provisional dismissal shall become permanent two (2)
years after issuance of the order without the case having been revived. (n)

58. What is bill of particulars?

116, Section 9. Bill of particulars. — The accused may, before arraignment, move for a bill of
particulars to enable him properly to plead and to prepare for trial. The motion shall specify the
alleged defects of the complaint or information and the details desired. (10a)

59. Define arraignment and plea

An arraignment is that stage where, in the mode and manner required by
the Rules, an accused, for the first time, is granted the opportunity to
know the precise charge that confronts him (Brig Gen. [Ret.] Jose
Ramiscal, Jr. v. Sandiganbayan and People of the Philippines, G.R. No.
172476- 99, September 15,2010).
60. What is the purpose of arraignment?
Without a prior arraignment, the accused cannot invoke double jeopardy
(Miranda v. Tuliao, 486 SCRA 377). Note ftoo that if the accused has not
been arraigned, he cannot be tried in absentia (Sec. 14[2], Art. Ill,
Philippine Constitution).
61. How is arraignment of the accused made?
Arraignment and Plea

Section 1. Arraignment and plea; how made. —

(a) The accused must be arraigned before the court where the complaint or information was filed or
assigned for trial. The arraignment shall be made in open court by the judge or clerk by furnishing
the accused with a copy of the complaint or information, reading the same in the language or dialect
known to him, and asking him whether he pleads guilty or not guilty.

62. What is the effect if the accused refuses to enter a plea?

rule 116 sec 1 (c) When the accused refuses to plead or makes a conditional plea, a
plea of not guilty shall be entered for him. (1a)

63. What is the rule if the accused presents an exculpatory evidence?

rule 116 sec 1 (d) When the accused pleads guilty but presents exculpatory evidence, his plea
shall be deemed withdrawn and a plea of not guilty shall be entered for him. (n)

64. When is an accused allowed to plead guilty to a lesser offense?

rule 116 Section 2. Plea of guilty to a lesser offense. — At arraignment, the accused, with the
consent of the offended party and the prosecutor, may be allowed by the trial court to plead guilty to
a lesser offense which is necessarily included in the offense charged. After arraignment but before
trial, the accused may still be allowed to plead guilty to said lesser offense after withdrawing his plea
of not guilty. No amendment of the complaint or information is necessary. (sec. 4, circ. 38-98)

65. Is the consent of the prosecution and the offended party required
before the court can allow an accused to plead guilty to a lesser offense?
Yes.The provision of Section 2, Rule 116 is clear. The consent of both the Fiscal and the
offended party is a condition precedent to a valid plea of guilty to a lesser offense (see
Manuel v. Velasco, et al., supra, p. 6). The reason for this is obvious. The Fiscal has full
control of the prosecution of criminal actions (Cinco, et al. v. Sandiganbayan, et al., G.R.
Nos. 92362-67, October 15, 1991).

66. What is the effect if the prosecution or the offended party does not
accept plea of guilt to a letter offense?
The plea of guilty cannot be effected without the assent or consent of the
prosecution and the offended party being a condition for a valid plea of
guilty.
67. What is plea bargaining?
Plea bargaining in criminal cases is a process whereby the accused and the prosecution
work out a mutually satisfactory disposition of the case subject to court approval (see Black
Law Dictionary, 5th Ed., 1979, p. 1037). It usually involves the defendant's pleading guilty to
a lesser offense or to only one or some of the counts of a multi-count indictment in return for
a lighter sentence than that for the graver charge (ibid). Ordinarily, plea-bargaining is made
during the pre-trial stage of the criminal proceedings. However, the law still permits the
accused sufficient opportunity to change his plea thereafter. G.R. No. 99287 June 23,
1992 PEOPLE vs. VILLARAMA
68. What are the duties of the court if the accused pleads guilty to a
capital offense?
116 Section 3. Plea of guilty to capital offense; reception of evidence. — When the
accused pleads guilty to a capital offense, the court shall conduct a searching inquiry into the
voluntariness and full comprehension of the consequences of his plea and require the
 prosecution to prove his guilt and the precise degree of culpability. The accused may present
evidence in his behalf. (3a)

69. What is the rule if the accused pleads guilty to a non-capital offense?
116 Section 4. Plea of guilty to non-capital offense; reception of evidence, discretionary. — When
the accused pleads guilty to a non-capital offense, the court may receive evidence from the parties
to determine the penalty to be imposed.

70. What is an improvident plea of guilty?

> Plea involuntarily made and without consent
> It would be considered if there was failure to conduct searching
inquiry, failure of prosecution to present evidence, no rational basis
between testimony and guilt

71. What are the grounds for suspension of arraignment?

116 Section 11. Suspension of arraignment. — Upon motion by the proper party, the
arraignment shall be suspended in the following cases:

(a) The accused appears to be suffering from an unsound mental condition which effective renders
him unable to fully understand the charge against him and to plead intelligently thereto. In such
case, the court shall order his mental examination and, if necessary, his confinement for such
purpose;

(b) There exists a prejudicial question; and

(c) A petition for review of the resolution of the prosecutor is pending at either the Department of
Justice, or the Office of the President; provided, that the period of suspension shall not exceed sixty
(60) days counted from the filing of the petition with the reviewing office. (12a)

72. What is the purpose of pre-trial in criminal cases?

The pre-trial is held for the purpose of considering the following: (a) plea
bargaining; (b) stipulation of facts; (c) marking for identification of
evidence of the parties; (d) waiver of objections to admissibility of
evidence; (e) modification of the order of trial if the accused admits the
charge but interposes a lawful defense; and (f) such matters as will
promote a fair and expeditious trial of the criminal and civil aspects of
the case (Sec. 1, Rule 118, Rules of Court; Sees. 2 and 3, Cir. 38- 98).
73. What are the requirements for the validity of agreement or admission
during the pre-trial?
118 Section 2. Pre-trial agreement. — All agreements or admissions made or entered
during the pre-trial conference shall be reduced in writing and signed by the accused and
counsel, otherwise, they cannot be used against the accused. The agreements covering the
matters referred to in section 1 of this Rule shall be approved by the court. (sec. 4, cir. 38-98)

74. What is trial on the merits, reverse/inverted trial, trial in absentia?

 A merit trial or trial on merits is a trial based on the essential facts of the case
rather than on any technical rule of practice like failure of proper service or some
jurisdictional defect. A decision or judgment is given by the judge after a full
presentation of evidence.
reverse trial-

WHAT IS A REVERSE TRIAL?

> Usually in most cases, the prosecution first presents its evidence to establish the
guilt of the accused, and the defense follows thereafter

> But this is reversed when the accused admits the killing but claims self-defense

> A reverse trial happens

> The accused must first establish the elements of self-defense in order to
overturn the presumption that he was guilt of the offense

Trial in absentia -Section 14 (2), Article III of the 1987 Constitution which
provides that "after arraignment, trial may proceed notwithstanding the
absence of the accused provided that he has been duly notified and his
failure to appear is unjustifiable."

75. What is the remedy of an accused if he was not brought to trial within
the time limit as specified under the rules? Who has the burden of
proving it?
119, Section 9. Remedy where accused is not brought to trial within the time limit. — If the
accused is not brought to trial within the time limit required by Section 1(g), Rule 116 and
Section 1, as extended by Section 6 of this rule, the information may be dismissed on motion
of the accused on the ground of denial of his right of speedy trial. The accused shall have the
burden of proving the motion but the prosecution shall have the burden of going forward with
the evidence to establish the exclusion of time under section 3 of this rule. The dismissal
shall be subject to the rules on double jeopardy.

Failure of the accused to move for dismissal prior to trial shall constitute a waiver of the right to
dismiss under this section. (sec. 14, cir. 38-98)

Section 10. Law on speedy trial not a bar to provision on speedy trial in the Constitution. — No
provision of law on speedy trial and no rule implementing the same shall be interpreted as a bar to
any charge of denial of the right to speedy trial guaranteed by section 14(2), article III, of the 1987
Constitution. (sec. 15, cir. 38-98)

76. What is the order of trial in criminal cases?

119, Section 11. Order of trial. — 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. (3a)

77. What are the requisites of discharge of accused as a state witness?

Explain/expound on each of the requisites.
Section 17. Rule 119

(a) There is absolute necessity for the testimony of the accused whose discharge is requested-
Under this requisite, the fiscal must show that there is absolute necessity for the testimony of the
defendant whose discharge he seeks, in order to be witness for the prosecution. This requirement is
aimed to curtail miscarriage of justice, before too common, through the abuse of the power to ask for
the discharge of one or more defendants. Absolute necessity of the testimony of the defendant,
whose discharge is requested must now be shown if the discharge is to be allowed, and the power
to determine the necessity is lodged upon the court. . . .G.R. No. 108000 June 17, 1993 PEOPLE
vs. THE COURT OF APPEALS

(b) The is no other direct evidence available for the proper prosecution of the offense committed,
except the testimony of said accused;

(c) The testimony of said accused can be substantially corroborated in its material points;

(d) Said accused does not appear to be the most guilty; and

(e) Said accused has not at any time been convicted of any offense involving moral turpitude.

78. What is the rule on demurrer to evidence?

Section 23. Demurrer to evidence. — After the prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (1) on its own initiative after giving the prosecution
the opportunity to be heard or (2) upon demurrer to evidence filed by the accused with or without
leave of court.’

If the court denies the demurrer to evidence filed with leave of court, the accused may adduce
evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for judgment on the basis of the evidence
for the prosecution. (15a)

The motion for leave of court to file demurrer to evidence shall specifically state its grounds and shall
be filed within a non-extendible period of five (5) days after the prosecution rests its case. The
prosecution may oppose the motion within a non-extendible period of five (5) days from its receipt.
If leave of court is granted, the accused shall file the demurrer to evidence within a non-extendible
period of ten (10) days from notice. The prosecution may oppose the demurrer to evidence within a
similar period from its receipt.

The order denying the motion for leave of court to file demurrer to evidence or the demurrer itself
shall not be reviewable by appeal or by certiorari before judgment. (n)

79. What is the effect of granting demurrer to evidence? What is the effect
of denial of demurrer? What are the remedies available on these
situations? 119, sec 23
The court may dismiss the case if the demurrer to evidence filed by the accused
is granted, thus, the acquittal of the accused would be effected.
The demurrer to evidence in criminal cases is "filed after the prosecution had
rested its case" and when the same is granted, it calls "for an appreciation of
the evidence adduced by the prosecution and its sufficiency to warrant
conviction beyond reasonable doubt, resulting in a dismissal of the case on the
merits, tantamounts to an acquittal of the accused.)
If the court denies the demurrer to evidence filed with leave of court, the accused may adduce
evidence in his defense. When the demurrer to evidence is filed without leave of court, the accused
waives the right to present evidence and submits the case for judgment on the basis of the evidence
for the prosecution. (15a)

80. Distinguish demurrer to evidence in criminal cases and civil cases.

Demurrer to evidence in a civil case vs. demurrer to evidence in a
criminal case (Bar 2007)
1. A demurrer to evidence in a civil case is anchored upon the failure of
the plaintiff to show that upon the facts and the law, he is entitled to
relief ("Sec. 1, Rule 33, Rules of Court). A demurrer to evidence in a
criminal case is predicated upon insufficiency of evidence (Sec. 23, Rule
119, Rules of Court).
2. A demurrer to evidence in a civil case under Rule 33 requires no prior
leave of court. Under Sec. 23 of Rule 119, a demurrer to evidence in a
criminal case may be filed with or without leave of court.
3. In a civil case when the demurrer is denied, the defendant does not
lose his right to present his evidence (Rule 33, Rules of Court). In a
criminal case, the accused may adduce his evidence in his defense only
when the demurrer that was denied was filed with leave of court. When
filed without leave of court and the demurrer is denied, the accused
waives his right to present evidence and submits the case for judgment
on the basis of the evidence for the prosecution (Sec. 23, Rule 119, Rules
of Court).
4. In a civil case, if the demurrer to evidence is granted, the plaintiff may
appeal and if the dismissal is reversed, the defendant is deemed to have
waived his right to present his evidence (Rule 33, Rules of Court). No
appeal is allowed as a rule, when a demurrer to evidence is granted in a
criminal case because the dismissal is deemed an acquittal. To allow the
appeal would be to put the accused in double jeopardy (People v.
 Sandiganbayan, G.R. No. 164577, July 5, 2010; People v. Tan, G.R. No.
167526, July 26,2010).
81. What is judgment?
RULE 120

Judgment

Section 1. Judgment definition and form. — Judgment is the adjudication by the court that the
accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty
and civil liability, if any.

82. What are the requirements of a judgment

120, Sec 1, The following are the formal requisites of a judgment: (a) It
must be written in the official language; (b) It must be personally and
directly prepared and signed by the judge; and (c) It must contain clearly
and distinctly a (i) statement of the facts, and (ii) the law upon which it is
based (Sec. 1, Rule 120, Rules of Court)
83. Differentiate a final order and an interlocutory order.
In Denso (Phils.), Inc. v. Intermediate Appellate Court, we expounded on the differences
between a "final judgment" and an "interlocutory order," to wit:

x x x A final judgment or order is one that finally disposes of a case, leaving nothing more to
be done by the Court in respect thereto.Nothing more remains to be done by the Court except
to await the parties' next move x x x and ultimately, of course, to cause the execution of the
judgment once it becomes "final" or, to use the established and more distinctive term, "final
and executory."

xxxx

Conversely, an order that does not finally dispose of the case, and does not end the Court's
task of adjudicating the parties' contentions and determining their rights and liabilities as
regards each other, but obviously indicates that other things remain to be done by the Court,
is "interlocutory," Unlike a "final" judgment or order, which is appealable, as above pointed
out, an "interlocutory" order may not be questioned on appeal except only as part of an
appeal that may eventually be taken from the final judgment rendered in the case

84. What is the effect on acquittal in civil liability?

. The extinction of the penal action does not carry with it the extinction of
the civil action. However, the civil action based on delict may be deemed
extinguished if there is a finding in a final judgment in the criminal
action that the act or omission from which the civil liability may arise did
not exist (Sec. 2, Rule 111, Rules of Court). The civil action based on
delict may, however, be deemed extinguished if there is a finding on the
final judgment in the criminal action that the act or omission from which
the civil liability may arise did not exist (Hun Hyung Park v. Eung Wong
Choi, G.R. No. 165496, February 12, 2007).
 85. What are the rules in case of variance between the offense charged
and offense proved?
The variance referred to in Sec. 4 of Rule 120 is a situation where (a) the offense proved is
different from the offense as charged in the complaint or information, and (b) the offense as
charged is either included in the offense proved or necessarily includes the offense proved
(Sec. 4, Rule 119, Rules of Court).

2. The accused shall be convicted of the offense proved which is included in the offense
charged. He may also be convicted of the offense charged which is included in the offense
proved (Sec. 4, Rule 120, Rules of Court)

120, Section 5. When an offense includes or is included in another. — An offense charged

necessarily includes the offense proved when some of the essential elements or ingredients
of the former, as alleged in the complaint or information, constitute the latter. And an offense
charged is necessarily included in the offense proved, when the essential ingredients of the
former constitute or form a part of those constituting the latter.

86. How will judgment be promulgated?

Section 6. Promulgation of judgment. — The judgment is promulgated by reading it in the presence
of the accused and any judge of the court in which it was rendered. However, if the conviction is for a
light offense, the judgment may be pronounced in the presence of his counsel or representative.
When the judge is absent or outside of the province or city, the judgment may be promulgated by the
clerk of court.

87. What is the effect of failure to attend the promulgation of judgment?

What is the remedy of an accused in this situation?
1. If the accused fails to appear at the scheduled promulgation of
judgment despite notice, the promulgation shall be made by recording
the judgment in the criminal docket and serving him a copy thereof at
his last known address or thru his counsel (Sec. 6, Rule 120, Rules of
Court). 2. If the judgment is for conviction, and the failure of the accused
to appear was without justifiable cause, he shall lose the remedies
available in the Rules of Court against the judgment and the court shall
order his arrest.
Remedy : Within fifteen (15) days from promulgation of judgment,
however, the accused may surrender and file a motion for leave of court
to avail of the remedies. He shall state the reason for his absence and if
he proves the absence was justified, he shall be allowed to avail of the
remedies within fifteen (15) days from notice (Sec. 6, Rule 120, Rules of
Court; People v. Joven de Grano, et al., G.R. No. 167710, June 5, 2009).
88. When can a judgment of conviction be modified?
120, Section 7. Modification of judgment. — A judgment of conviction may, upon motion of
the accused, be modified or set aside before it becomes final or before appeal is perfected.

89. When does the judgment become final?

A judgment becomes final (a) after the lapse of the period for perfecting
an appeal, or (b) when the sentence has been partially or totally satisfied
 or served, or (c) when the accused has waived in writing his right to
appeal, or (d) has applied for probation (Sec. 7, Rule 120, Rules of Court).
90. What are the remedies available to the accused after judgment but
before finality of the decision? Expound when they are available and the
grounds that may be raised thereon.

a. 120, Section 7. Modification of judgment. — A judgment of conviction may, upon motion of

the accused, be modified or set aside before it becomes final or before appeal is perfected.

b. New Trial or Reconsideration underRULE 121

Section 1. New trial or reconsideration. — At any time before a judgment of conviction becomes
final, the court may, on motion of the accused or at its own instance but with the consent of the
accused, grant a new trial or reconsideration. (1a)

Section 2. Grounds for a new trial. — The court shall grant a new trial on any of the following
grounds:

(a) The errors of law or irregularities prejudicial to the substantial rights of the accused have been
committed during the trial;

(b) The 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.

In Distilleria Limtuaco vs. CA, 143 SCRA 92, it was said that the period for filing a motion
for new trial is within the period for taking an appeal.

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c. Section 3. Ground for reconsideration. — The court shall grant reconsideration on the
ground of errors of law or fact in the judgment, which requires no further proceedings

Grounds for a motion for reconsideration

(1) The damages awarded are excessive;

(2) The evidence is insufficient to justify the decision or final order;

(3) The decision or final order is contrary to law (Sec. 1).

No motion for extension of time to file a motion for reconsideration shall be allowed.

d. Appeal as provided under rule 122 Section 6. When appeal to be taken. — An appeal
must be taken within fifteen (15) days from promulgation of the judgment or from notice of
the final order appealed from. This period for perfecting an appeal shall be suspended from
the time a motion for new trial or reconsideration is filed until notice of the order overruling
the motion shall have been served upon the accused or his counsel at which time the
balance of the period begins to run.