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10th Session - Criminal - Procedure For Environmental Cases Cornejo
10th Session - Criminal - Procedure For Environmental Cases Cornejo
2. Complaint is filed with p p p proper officers in accordance with the Rules of Court.
A. A Provincial or City Prosecutor and their Assistants. B. National and Regional State Prosecutors, other officers as may be authorized by law For purposes of Preliminary Investigation to determine probable cause cause.
C. If there is no private offended party entitled to civil indemnity, the indemnification of damage awarded accrues to the funds of the government agency tasked with the environmental law violated. The award of damages is always net of filing and other legal fees
A. Those individuals deputized by the proper government agency shall enjoy the presumption of regularity in the performance of duty duty. With respect t to t that th t disputable di t bl presumption under Rule 131 the burden is on the party assailing the validity of arrest to prove that the arrest was illegal.
6. 6 Warrant of Arrest
Accused is informed of the charge against him, at the earliest opportunity since under RPEC, RPEC all warrants of arrest issued by the Court shall be accompanied by a certified true copy of the Information filed. Ordinarily, accused is informed only at the Arraignment.
7. Bail Rule 7 B il R l 14
A. Where bail is granted, the Court may issue g , y HDO. B. Before application for bail is granted, the Court must read the Information to the accused in a language known to and understood by him and require accused to sign a written undertaking as follows:
b.1. To appear before the Court that issued the warrant of arrest for Arraignment purposes on the date scheduled, and if he fails pp j , to appear without justification, he waives the reading of the Information and authorizes the Court to enter a plea of Not Guilty on her behalf and set the case for trial trial. b.2. To appear whenever required by the Court where the case is pending; and b.3. To waive the right of the accused to be present at the trial and upon failure of the accused to appear without justification and despite due notice, the trial may proceed in absentia.
8. Arraignment R l 15 8 A i t Rule
A. Set within 15 days from the time it acquires jurisdiction over th accused, with notice t j i di ti the d ith ti to the public prosecutor and offended party or concerned government agency that it will entertain plea bargaining on the date of the Arraignment. g B. Plea Bargaining g g
C. Where Prosecutor and offended party p y or concerned government agency agree to the plea offered to the accused, the Court should : 1. 1 Issue order which contains the plea bargaining arrived at 2. Proceed to receive evidence on the civil aspect of the case, if any, and 3. Render and promulgate judgment of conviction, conviction including the civil liability for damages
before b f
the th
B. During the Pre-trial, the Judge shall place the parties and their counsels under oath.
A. Continuous t i l which shall not exceed A C ti trial hi h h ll t d 3 months from the date of issue of the Pre-trial Order Order. B. B Affidavits in lieu of direct examination examination, subject to cross-examination and right to j p object to inadmissible portions of the affidavits.
C. The Court may require the parties to y q p submit their respective Memo if possible, in electronic form, within a nonextendible period of 30 d t dibl i d f days f from th the date the case is submitted for decision. D. With or without Memo filed, the Court shall have 60 days to decide the case counted from the last day of the 30 day p period to file Memo. E. Case shall be disposed within the p period of 10 months from the date of Arraignment.
A. TEPO and EPO available in civil cases also available in criminal cases. B. Attachment the grounds for application will be issued the same as that in ordinary criminal action.