Criminal Procedure

Trial in Absentia
In the Philippines, Rule 120 of the Revised Rules of Criminal Procedure governs the
procedure for trials in criminal cases. This rule covers various aspects of the
trial process, including arraignment, presence of the accused, and the conduct of
trial in absentia.

Here's a brief overview:

1. **Arraignment:** The accused is arraigned in open court, and a copy of the

information or complaint is read to them. They are asked to enter a plea.

2. **Presence of the Accused:** The general rule is that the accused must be
present at the trial. However, there are exceptions, such as when the accused jumps
bail or when their presence cannot be obtained.

3. **Trial in Absentia:** If the accused was duly notified but fails to appear, the
trial may proceed in their absence. The court must appoint a counsel de oficio to
defend the accused.

4. **Promulgation of Judgment:** If the accused is found guilty, the judgment is

promulgated in open court. If the accused is sentenced to suffer death, the
judgment is read in the presence of the accused.

The key points include:

1. **Notification:** The accused must be notified of the trial. If the accused is

in custody, the notice should be served upon them personally. If not in custody,
notice should be sent to their last known address.

2. **Appointment of Counsel:** The court must appoint a counsel de oficio if the

accused does not have one or waives the right to a counsel.

3. **Arraignment:** The accused must be arraigned in the presence of their counsel.

If they refuse to enter a plea, the court should enter a plea of not guilty on
their behalf.

4. **Trial Proceeds:** The trial continues even if the accused is absent, but the
prosecution must prove the guilt beyond reasonable doubt.

5. **Decision:** If the accused is convicted, the judgment will be promulgated and

the case considered on appeal.

Order of Trial

In a criminal trial in the Philippines, the usual order of proceedings follows

these key steps:

1. **Arraignment:** The accused is formally informed of the charges against them,

and they enter a plea of guilty or not guilty.

2. **Pre-Trial:** The court may conduct a pre-trial conference to simplify issues,

explore the possibility of a settlement, and expedite the trial.

3. **Trial Proper:** This involves the presentation of evidence by both the

prosecution and defense. It includes the examination and cross-examination of
witnesses, presentation of documents, and other relevant evidence.
4. **Judgment:** After the trial, the court renders a judgment based on the
evidence presented. If the accused is found guilty, the court may proceed to the
sentencing phase.

5. **Sentencing:** If the accused is convicted, the court determines the

appropriate penalty or punishment.

6. **Appeal:** Parties dissatisfied with the judgment may file an appeal to a

higher court.

In a criminal trial in the Philippines, the order of presenting evidence typically

follows these general steps:

1. **Prosecution's Presentation of Evidence:** The prosecution presents its case

first. This involves the examination of witnesses, introduction of documents, and
other forms of evidence to establish the guilt of the accused beyond a reasonable
doubt.

2. **Cross-Examination by the Defense:** After each prosecution witness testifies,

the defense has the opportunity to cross-examine them. This is a crucial step for
challenging the credibility and reliability of the evidence presented by the
prosecution.

3. **Re-Direct Examination:** If necessary, the prosecution may conduct a re-direct

examination of its witnesses to clarify issues raised during cross-examination.

4. **Defense's Presentation of Evidence:** Once the prosecution rests its case, the
defense presents its evidence. This includes the examination of defense witnesses
and the introduction of documents or other evidence to establish a defense or cast
doubt on the prosecution's case.

5. **Cross-Examination by the Prosecution:** Similar to the defense, the

prosecution has the right to cross-examine each defense witness after their
testimony.

6. **Re-Direct Examination (Defense):** If needed, the defense may conduct a re-

direct examination of its witnesses.

7. **Rebuttal and Surrebuttal:** After the defense presents its case, the
prosecution may offer rebuttal evidence to counter new matters introduced by the
defense. The defense then has the option for surrebuttal.

8. **Closing Arguments:** After all evidence has been presented, both the
prosecution and defense present their closing arguments summarizing their case.

9. **Judgment:** The court renders its judgment based on the evidence presented
during the trial.

State Witness
Rule 119
The prosecution shall present the motion.

In the Philippines, the rules on state witnesses are primarily governed by Republic
Act No. 6981, also known as the Witness Protection, Security, and Benefit Act. Here
are key points related to state witnesses in the Philippines:

1. **Eligibility:** Individuals involved in or have knowledge of a crime, and who

are willing to testify against the accused, may apply for witness protection.
2. **Application:** The witness needs to apply for inclusion in the Witness
Protection Program (WPP) administered by the Department of Justice (DOJ). The DOJ
assesses the merit of the application.

3. **Protection and Benefits:** Accepted witnesses may receive protection,

security, and other benefits. This can include temporary relocation, financial
assistance, and immunity from criminal prosecution or administrative liability.

4. **Commitment:** Witnesses must commit to fully cooperating with the government,

attending court hearings, and providing truthful testimony.

5. **Termination of Protection:** Protection may be terminated if the witness fails

to comply with the conditions or if their testimony is found to be false.

Demurrer

In legal terms, a demurrer to evidence is a motion to dismiss filed by the accused

after the prosecution has presented its evidence, but before the accused presents
their defense. In the context of Rule 119 in the Philippines, which pertains to the
Rules of Court, here are key points related to demurrer to evidence:

1. **Rule 119, Section 23:** The specific provision regarding demurrer to evidence
in the Philippines is found in Rule 119, Section 23 of the Rules of Court. It
allows the accused to file a demurrer after the prosecution rests its case.

2. **Grounds:** The demurrer can be filed on the ground that the evidence presented
by the prosecution is insufficient to justify a conviction. In other words, the
accused argues that even if the evidence is taken as true, it is not enough to
support a guilty verdict.

3. **Effect of Granting:** If the demurrer is granted, the case may be dismissed.

However, if it is denied, the accused has the opportunity to present their
evidence.

4. **Waiver of Right to Present Evidence:** If the accused files a demurrer and it

is denied, they are deemed to have waived their right to present evidence. The case
proceeds to the presentation of the defense evidence.[without leave of court]

Consolidation

In legal terms, consolidation typically refers to the process of combining two or

more legal cases into a single case. This can occur for various reasons, such as
when the cases involve similar legal issues, common parties, or arise from the same
set of facts. Consolidation aims to streamline legal proceedings, avoid
duplication, and promote judicial efficiency.

In the context of court procedures, consolidation may occur at different stages of

litigation. It allows the court to manage cases more effectively and prevents
conflicting decisions on similar issues. However, the specific rules and procedures
for consolidation can vary based on jurisdiction and the type of legal cases
involved.

Promulgation

In the context of Rule 120 in the Philippines, which pertains to the Rules of Court
governing criminal procedure, promulgation is the formal announcement of the
judgment in a criminal case. Rule 120 provides the procedural steps that should be
followed during the trial and the subsequent promulgation of judgment. Here are key
points related to promulgation under Rule 120:
1. **Promulgation of Judgment:** Rule 120, Section 6 specifies that the judgment
should be promulgated within 15 days from the time the case is submitted for
decision. The accused and their counsel, as well as the prosecution, must be
notified of the promulgation date.

2. **Presence of the Accused:** Rule 120, Section 6 also emphasizes that the
accused must be present during the promulgation of judgment. If the accused fails
to appear without justifiable cause, the promulgation can proceed, and the judgment
will be rendered in absentia. (15 days to give justification)
Promulgation in Absentia waived your rights to
×probation
×appeal
×motion of reconsideration
×motion for new trial

3. **Content of the Judgment:** The judgment to be promulgated includes the

findings of the court on the culpability of the accused, the dispositive part
indicating the decision, and the reasons for the decision.

4. **Record of Promulgation:** Rule 120, Section 11 requires that a record of the

judgment and its promulgation be kept in the criminal docket. This record should
include the notice given to the accused and the proceedings during the
promulgation.

A Motion for New Trial

is a formal request made to a court, asking it to reexamine the trial proceedings

and possibly set aside the original judgment. Here are key points related to a
Motion for New Trial:

1. **Purpose:** The primary purpose of a Motion for New Trial is to present to the
court reasons why a new trial is warranted. This may include errors in legal
procedures, newly discovered evidence, or other circumstances that may have
affected the fairness of the original trial.

2. **Grounds for Filing:** Common grounds for filing a Motion for New Trial include
the discovery of new and significant evidence that was not available during the
original trial, misconduct by parties or the court, or errors in the application of
law.

3. **Timeline:** There is typically a specific timeframe within which a party must

file a Motion for New Trial after the court's decision is rendered. This timeframe
is usually set by the rules of procedure or by court order.

4. **Procedure:** The specific procedures for filing a Motion for New Trial vary by
jurisdiction. The motion needs to clearly state the grounds on which it is based
and present the relevant legal arguments and evidence.

5. **Decision:** The court will review the motion and may either grant it, deny it,
or modify its previous decision based on the arguments presented. If a new trial is
granted, the case will be retried, and the original judgment may be set aside.

A Motion for Reconsideration

is a formal request made to a court, asking it to review and possibly change its
decision based on the arguments and legal points presented in the motion. Here are
key points related to a Motion for Reconsideration:
1. **Purpose:** The primary purpose of a Motion for Reconsideration is to bring to
the court's attention errors or issues in its previous ruling. This could include
legal misinterpretations, factual errors, or new evidence that wasn't considered.

2. **Timeline:** There is typically a specific timeframe within which a party must

file a Motion for Reconsideration after the court's decision is rendered. This
timeframe is usually set by the rules of procedure or by court order.

3. **Grounds for Filing:** The motion must be based on legal grounds, such as a
misapplication of the law, a misapprehension of facts, or the discovery of new
evidence that was not available during the original proceedings.

4. **Procedure:** The specific procedures for filing a Motion for Reconsideration

vary by jurisdiction, and it's essential to adhere to the rules governing such
motions in the relevant court.

5. **Decision:** The court will review the motion and may either grant it, deny it,
or modify its previous decision based on the arguments presented. If the motion is
denied, the party may have the option to pursue other avenues of appeal, depending
on the legal system.

Effects of the Appeal

When a party files an appeal, it initiates a review of a lower court's decision by

a higher court. The effects of an appeal can vary based on the legal system and the
outcome of the appellate process. Here are some general effects of an appeal:

1. **Suspension of Execution:** In some jurisdictions, filing an appeal may

automatically suspend the execution or enforcement of the lower court's decision.
This means that the judgment may not be carried out until the appellate process is
complete.

2. **Review of Legal Errors:** The higher court reviews the case to determine if
legal errors occurred during the trial or if there were mistakes in the application
of the law. If errors are found, the appellate court may reverse or modify the
lower court's decision.

3. **New Evidence:** In certain circumstances, an appeal may allow for the

introduction of new evidence that was not available during the original trial. This
is more common in appeals where the party claims that important evidence was not
considered.

4. **Affirmation, Reversal, or Modification:** The appellate court can affirm the

lower court's decision, reverse it, or modify it based on its review of the case.
The decision of the appellate court is final unless further appeals are permitted.

5. **Precedent:** The decision in an appeal can set a legal precedent, influencing

how similar cases are decided in the future. This contributes to the development of
legal principles and standards.

6. **Remand:** If the appellate court determines that errors occurred but further
proceedings are needed, it may remand the case to the lower court for retrial or
for specific actions to be taken.

Appeal

An appeal is a legal process by which a party requests a higher court to review and
reconsider a decision made by a lower court. Here are key points related to the
concept of an appeal:
1. **Grounds for Appeal:** Generally, an appeal is based on errors or issues that
occurred during the trial or lower court proceedings. This can include legal
errors, procedural mistakes, or issues related to the interpretation of facts.

2. **Appellate Court:** The higher court, known as the appellate court or court of
appeals, reviews the record of the lower court proceedings. The appellate court
does not typically conduct a new trial but assesses whether legal errors or
mistakes occurred that warrant a change in the lower court's decision.

3. **Appellant and Appellee:** The party filing the appeal is called the appellant,
while the opposing party is the appellee. The appellant usually presents legal
arguments and a written brief outlining the reasons for the appeal.

4. **Standard of Review:** Appellate courts often apply a standard of review to

determine the correctness of the lower court's decision. This standard can vary
depending on the type of issue being appealed.

5. **Possible Outcomes:** The appellate court may affirm the lower court's
decision, reverse it, or remand the case back to the lower court for further
proceedings. The decision of the appellate court is generally final, but in some
cases, further appeals may be permitted.

6. **Briefs and Oral Arguments:** The appeal process often involves the submission
of written briefs by both parties, presenting legal arguments. In some cases, oral
arguments may be allowed, where attorneys present their case to the appellate
judges.

7. **Enforcement of Judgment:** In certain jurisdictions, the filing of an appeal

may automatically stay or suspend the enforcement of the lower court's judgment
until the appellate process is concluded.

Rule 120 in the Philippines pertains to the Rules of Court governing criminal
procedure. While Rule 120 provides detailed procedures for the trial of criminal
cases, it does not specifically address the process of appeal. The rules for
appeals in the Philippines are generally covered under Rule 122 and subsequent
rules in the same set.

Here are key points related to appeals in the context of criminal cases in the
Philippines:

1. **Filing of Notice of Appeal:** Rule 122 outlines the procedure for filing a
Notice of Appeal. The accused or the prosecution may file a notice of appeal within
the reglementary period after judgment is rendered. The reglementary period is
typically 15 days.

2. **Appellate Court:** The appeal is usually directed to the Regional Trial Court
if the case was tried by the Metropolitan Trial Court, Municipal Trial Court, or
Municipal Trial Court in Cities. In cases tried by the Regional Trial Court, the
appeal is directed to the Court of Appeals.

3. **Effect of Appeal:** Filing a notice of appeal generally stays the execution of

the judgment, provided that the accused is admitted to bail or is allowed to remain
free.

4. **Records of the Case:** The clerk of court of the lower court is required to
transmit the complete records of the case to the clerk of court of the appellate
court.
5. **Briefs and Oral Arguments:** Both the appellant and the appellee may file
their respective briefs, and oral arguments may be allowed.

For specific details and the most accurate information, it's crucial to refer to
the current version of the Rules of Court in the Philippines. Legal advice from a
qualified professional is recommended when considering or pursuing an appeal.

Exam January 8 2024

[ ] Arraignment to Appeal 😉