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Showing posts from July, 2014

Modification Of Judgment

Section 7. Modification of judgment

Upon motion of the accused, a judgment of conviction may be modified
or set aside before it becomes final or before appeal is perfected.

NOTE: The prosecutor cannot ask for the modification of the judgment,
because the rules are clear that modification is only upon motion of
the accused.

FINALITY OF JUDGMENT
1. After the lapse of the period for perfecting an appeal; or
2. When the sentence has been partially or totally satisfied or served; or
3. When the accused has waived in writing his right to appeal; or
4. Accused has applied for probation.

NOTE: When the Death Penalty is imposed by the trial court, the SC
automatically reviews the decision.

Modification of Civil Aspect of Case
   - The trial court may validly modify the civil aspect of its decision
     within 15 days from promulgation thereof even though an appeal
     from the judgment had already be perfected by the accused.

WHEN TRIAL COURT MAY LOSE JURISDICTION
EVEN BEFORE LAPSE OF 15 DAYS
1. defendant volun…

Promulgation Of Judgment

Section 3. Judgment for two or more offenses

Prohibition on Duplicitous Information & Waiver
   - A complaint or information must charge only one offense. However,
     if the accused does not object to the duplicity before he enters
     his plea, he is deemed to have waived the defect. He may be found
     guilty for as many offenses as alleged in the complaint or
     information as may have been duly proved.

Maximum Sentence
   - In the service of sentence, the maximum duration of the sentence
     shall not be more than 3-fold the time of the most severe penalty
     imposed, and such maximum shall in no case exceed 40 years.



Section 4. Judgment in case of variance between allegation and proof

GENERAL RULE:
   - The accused may only be convicted of a crime that is both
     charged and proved.

     EXCEPTION: If there is variance between the crime charged and
     the crime proved the accused shall be convicted of the offense
     proved which is included in the offense charged or of the offe…

Judgment Definition And Form

Section 1. Judgment; definition and form

JUDGMENT
   - It is an adjudication by the court that the accused is guilty or
     not guilty of the offense charged and the imposition of the proper
     penalty and civil liability, if any. It is a judicial act which
     settles the issues, fixes the rights and liabilities of the
     parties, and determines the proceeding, and is regarded as the
     sentence of the law pronounced by the court on the action or
     question before it.

REQUISITES OF A JUDGMENT:
1. Written in official language
2. Personally and directly prepared by the judge
3. Signed by him
4. Contains clearly and distinctly a statement of the facts and the
   law upon which it is based.

A verbal order does not meet the requisites. As such, it can be
rescinded without prejudicing the rights of the accused. It has no
legal force and effect.

If judgment is not put in writing, the proper remedy would be to file
a petition for mandamus to compel the judge to put in writing the
decision of the cour…

Demurrer To Evidence

Section 23. Demurrer to evidence

DEMURRER TO EVIDENCE
   - It is an objection by one of the parties in an action, to the
     effect that the evidence which his adversary produced is
     insufficient in point of law, whether true or not, to make out a
     case or sustain the issue.

After The Prosecution Shall Have Rested Its Case, The Case May Be
Dismissed In Any Of The Following Manner:
a. Court on its own initiative can dismiss the case after giving
   prosecution opportunity to be heard
b. Accused files demurrer with or without leave of court
c. If the demurrer is denied:
      - With leave of court, accused can present his evidence
      - Without leave of court, accused waives right to present
        evidence

With or Without Leave of Court
a) With leave
   - if the motion is denied, he can still present evidence.

   - The motion must be filed within a non- extendible period of 5
     days after the prosecution rests its case.

   - If leave is granted, the accused shall file the demurrer to
     ev…

When Mistake Has Been Made In Charging The Proper Offense

Section 19. When mistake has been made in charging the proper offense

When, at any time before judgment, it becomes manifest that a mistake
has been made in charging the proper offense and the accused cannot
be convicted of the offense charged or any other offense necessarily
included therein, the said accused shall not be discharged if there
appears to be good cause to detain him.

If there appears to be good cause to detain the accused, the court
shall commit the accused and dismiss the original case upon the
filing of the proper information.

When the offense proved is neither included in, nor does it include,
the offense charged and is different therefrom, the court should
dismiss the action and order the filing of a new information charging
the proper offense.

US v. Campo, 23 Phil. 369 (1912)
   - This rule is predicated on the fact that an accused person has
     the right to be informed of the nature and cause of the accusation
     against him, and to convict him of an offense different from th…

Discharge Of Accused Operates As Acquittal

Section 18. Discharge of accused operates as acquittal

REQUISITES TO BE A STATE WITNESS:
1. Two or more persons are jointly charged with the commission of an
   offense
2. The application for discharge is filed by the prosecution before
   it rests its case
3. Absolute necessity for the testimony of the accused

          “Absolute necessity” means that he alone has knowledge of
          the crime, and not when his testimony would simply
          corroborate or otherwise strengthen the evidence in the
          hands of the prosecutor.

4. There is no other direct evidence available for the proper
   prosecution of the offense.
5. Testimony of the accused can be substantially corroborated in its
   material points.
6. Accused does not appear to be the most guilty

          Means that he does not appear to have the highest degree of
          culpability in terms of participation in the commission of
          the offense and not necessarily in the severity of the penalty
          imposed.

          The …

Trial Of Several Accused

Section 16. Trial of several accused

When two or more defendants are jointly charged with any offense, they
shall be tried jointly, unless the court, in its discretion upon motion
of the prosecution or any of the defendants, orders a separate trial.

The motion for separate trial must be filed BEFORE the commencement
of the trial and cannot be raised for the first time on appeal.

If a separate trial is granted, the testimony of one accused imputing
the crime to his co-accused is not admissible against the latter.
It would be admissible if the latter had the opportunity for
cross-examination.

Where the conditions are fulfilled, joint trial is automatic, without
need for the trial court to issue an order to that effect.

The grant of separate trial rests in the sound discretion of the court
and is not a matter of right to the accused, especially where it is
sought after the presentation of the evidence of the prosecution. In
such separate trial, only the accused presenting evidence has to be
present. And…

Examination Of Defense Witness How Made

Section 13. Examination of defense witness; how made

DEPOSITION
   - It is the testimony of a witness taken upon oral questions or
     written interrogatories, in open court, but in pursuance of a
     commission to take testimony issued by a court, or under a
     general law or court rule on the subject, and reduced to writing
     and duly authenticated, and intended to be used in preparation
     and upon the trial of a civil or criminal prosecution.

PURPOSE OF TAKING DEPOSITIONS:
1. Greater assistance to the parties in ascertaining the truth and
   checking and preventing perjury
2. Provide an effective means of detecting and exposing false,
   fraudulent claims and defenses
3. Make available in a simple, convenient and inexpensive way, facts
   which otherwise could not be proved except with greater difficulty
4. Educate the parties in advance of trial as to the real value of
   their claims and defenses thereby encouraging settlements
5. Expedite litigation
6. Prevent delay
7. Simplify and narro…

Order Of Trial

Section 11. Order of trial

Order Of Trial:
1. Prosecution presents evidence to prove the charge and, in the proper
   case, the civil liability.
2. The accused presents evidence to prove his defense and damages, if any.
3. The prosecution, then the defense, may present rebuttal and
   sur-rebuttal evidence unless the court, in furtherance of justice,
   permits them to present additional evidence.
4. Upon admission of the evidence by the parties, the case is deemed
   submitted for decision.

GENERAL RULE:
   - The order in the presentation of evidence must be followed.
     The accused may not be required to present his evidence first
     before the prosecution adduces its own proof.

     EXCEPTION:
        - Where a reverse procedure was  adopted without the objection
          of the defendant and such procedure did not prejudice his
          substantial rights, the defect is not a reversible error.

REVERSE TRIAL
   - When the accused admits the act or omission charged in the
     complaint/informati…

Sanctions

Section 8. Sanctions

Acts Which Evoke The Sanction:
1. Knowingly allowing the case to be set on trial without disclosing
   that a necessary witness would be unavailable;
2. Files a motion solely for delay, knowing it to be frivolous and
   without merit;
3. Knowingly makes a false statement in order to obtain continuance;
4. Willfully fails to proceed to trial without justification.

The Sanctions:
a) Private Defense Counsel – fine not exceeding P20, 000 + criminal
   sanctions, if any.
b) Counsel de officio, Public Attorney or Prosecutor – fine not
   exceeding P5, 000 + criminal sanctions, if any.
c) Defense Counsel or Prosecutor – denial of the right to practice
   before the court trying the case for a period not exceeding 30 days +
   criminal sanctions if any.

Kinds Of Sanctions Under This Section:
1. Criminal;
2. Administrative;
3. Contempt of court.



Section 9. Remedy where accused is not brought to trial within 
the time limit

Arraignment must be set within 30 days from the date the court
acquires j…

Introduction To Criminology Reviewer

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Introduction To Criminology
Definition of Terms






Abrahamsen - In his crime and human mind, 1945, explained the causes
of crime by his formula "Criminal Behavior equals criminalistic
tendencies plus crime inducing situation divided by the persons
mental or emotional resistance to temptation.

Adolphe Quetelet (1796–1874) - was a Belgian mathematician, astronomer
and statistician, he helped to establish the cartographic school and
positivist schools of criminology which made extensive use of statistical
techniques. Through statistical analysis, Quetelet gained insight into
the relationships between crime and other social factors. Among his
findings were strong relationships between age and crime, as well
as gender and crime.

Alienist - a doctor specializing in the treatment of mental illness.
An expert witness in a sanity trial.

Andrew Von Hirsch -  developed the notion of just desert.

 Just desert - has five guidelines; 1. treat legal
           punishment as a desert; 2. avoid doing harm…

Time Limit Following An Order For New Trial

Section 4. Factors granting continuance

Factors For Granting Continuance
1. Whether the failure to grant continuance would make a continuation
   of the proceeding impossible or result in a miscarriage of justice.
2. The case, as a whole, is novel, unusual and complex, or it is
   unreasonable to expect adequate preparation within the periods of
   time established therein.

The grant of a motion for continuance is NOT a matter of right.

The purpose of this rule is to control the discretion of the judge in
the grant of continuance on his instance or on motion of any
party litigant.



Section 5. Time limit following an order for new trial

GENERAL RULE:
   - After an order for new trial is issued, the trial commences
     within 30 days from notice of the order.

     EXCEPTION: If the 30-day period becomes impractical due to
     unavailability of the witnesses and other factors, it may be
     extended by the court but in no case should it exceed 180 days
     from notice of said order for new trial.



Sectio…

Exclusions

Section 3. 

Exclusions In Computation Of Time Within
Which Trial Must Commence:
A. Any period of delay resulting from other proceedings concerning the
   accused, including but not limited to the following:
   1. Delay resulting from an examination of the physical and mental
      condition of the accused;
   2. Delay resulting from proceedings with respect to other criminal
      charges against the accused;
   3. Delay resulting from extraordinary remedies against interlocutory
      orders;
   4. Delay resulting from pre-trial proceedings; provided, that the
      delay does not exceed thirty (30) days;
   5. Delay resulting from orders of inhibition, or proceedings relating
      to change of venue of cases or transfer from other courts;
   6. Delay resulting from a finding of existence of a prejudicial
      question; and
   7. Delay reasonably attributable to any period, not to exceed thirty
      (30) days, during which any proceeding concerning the accused is
      actually under advisement.

B. A…

Continuous Trial Until Terminated; Postponements

Section 2. 

Continuous Trial System
   - Trial once commenced shall continue from day to day as far as
     practicable until terminated; but it may be postponed for a
     reasonable period of time for good cause.

Trial shall in no case exceed 180 days from the first day of trial,
except as otherwise provided by the Supreme Court.

The SC adopted the continuous trial system as a mode of judicial
fact-finding and adjudication conducted with speed and dispatch so
that trials are held on the scheduled dates without postponement,
the factual issues for trial well-defined at pre-trial and the whole
proceedings terminated and ready for judgment within 90 days from the
date of initial hearing, unless for meritorious reasons an extension
is permitted.

The non-appearance of the prosecution at the trial, despite due notice,
justified a provisional dismissal or an absolute dismissal depending
upon the circumstances.

Cases Where Time Limitation Is Inapplicable:
1. Criminal cases covered by the Rule on Summary Proc…

Time To Prepare For Trial

Section 1. 

Trial
   - It is the examination before a competent tribunal according to
     the laws of the land, of the facts put in issue in a case for
     the purpose of determining such issue.

Hearing
   - It is not confined to trial but embraces the several stages of
     litigation, including the pre-trial stage.

Republic v. Sandiganbayan, 416 SCRA 133 (2003)
   - A hearing does not necessarily imply the presentation of oral or
     documentary evidence in open court but that the parties are afforded
     an opportunity to be heard.

After a plea of guilty is entered, the accused shall have at least 15
days to prepare for trial.

The trial shall commence within 30 days from receipt of the pre-trial
order.

The trial judge does not lose jurisdiction to try the case after the
180-day limit. He may, however, be penalized with disciplinary
sanctions for failure to observe the prescribed limit without proper
authorization by the Supreme Court.

Requisites For Trial In Absentia
1. The accused has been arraign…

Pre-Trial Mandatory In Criminal Cases

Section 1. Pre-trial; mandatory in criminal cases

Pre-trial is MANDATORY in all criminal cases.

The court shall after arraignment and within 30 days from the time
the court acquires jurisdiction over the person of the accused, unless
a shorter period is provided for by law, order a pre-trial. Its main
objective is to achieve an expeditious resolution of the case.

Things To Consider During Pre-Trial
1. plea bargaining
2. stipulation of facts
3. marking for identification of evidence
4. waiver of objections to admissibility of evidence
5. modification of the order of trial if the accused admits the charge
   but interposes a lawful defense (reverse trial)
6. other matters that will promote a fair and expeditious trial of the
   civil and criminal aspects of the case



Section 2. Pre-trial agreement

Required Form Of Pre-Trial Agreement:
1. must be in writing
2. signed by the accused
3. signed by counsel

NOTE: If the required form is not observed, the pre-trial agreement
cannot be used against the accused. This…

Marine Deck Officers Board Exam Result July 2014

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Marine Deck Officers Licensure 
Examination July 2014






The PRC released the result of the July 2014 Marine Deck Board Exam.

Click here for the complete list of successful examinees.

Out of 96 who took the Master Mariner Licensure Examination, only 50
passed.

Out of 411 who took the Chief Mate Licensure Examination, only 219
passed.

Out of 1256 who took the Officer-In-Charge of a Navigational Watch
Licensure Examination, only 707 passed.

ANDRO FEDERICK AMARAN TELESFORO of John B. Lacson
Foundation Maritime University - Arevalo landed 1st Place for the Master
Mariner Licensure  Examination.


RHOEL TASONG LAMANILAO of Philippine Maritime Institute - Bohol
landed 1st Place for the Chief Mate Licensure Examination.

ROMANO SASOTA RIPDOS JR of the University of Cebu is the Officer
In Charge Of A Navigational Watch Licensure Examination 1st Placer.

The PRC posted these informations in its website:

   The guidelines for the issuance of Certificate of Registration and
   Professional Identificatio…

Radiologic and X-Ray Technologist Board Exam Result July 2014

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Radiologic And X-Ray Technologist
Board Exam Result July 2014






The Result of the July 2014 Radiologic And X-Ray Technologist Board
Examination has been released.

For the complete list of Radiologic Technologist passers, click this link.

For the complete list of X-Ray Technologist passers, click this link.

2,150 took the Radiologic Technologist Board Exam but only 1258 passed.

158 took the X-Ray Technologist Board Exam but only  43 passed.

The Examination was given in Manila, Davao, Iloilo and Tuguegarao.

Registration for the issuance of Professional Identification Card (ID)
and Certificate of Registration will be on July 16-18, 2014.

The date and venue for the oathtaking ceremony of the new successful
examinees in the said examination WILL BE ANNOUNCED LATER.

72 Schools participated in the Radiologic Technologist Licensure
Examination and 24 Schools participated in the X-Ray Technologist
Licensure Examination.

An Examinee from Liceo De Cagayan University in the person of
ANEIS NOUEL ROXA…

Provisional Remedies

Section 8. Provisional dismissal

REQUISITES PROVISIONAL DISMISSAL:
1. consent of the prosecutor
2. consent of the accused
3. notice to the offended party

NOTE: If a case is provisionally dismissed, the failure to revive or
reinstate the case within the periods set by law will make the
dismissal permanent.

HOW TO REVIVE A CASE:
1. Refiling of the information
2. Filing a new information for the same offense or one necessarily
   included in the original offense charged.

PERIODS FOR REINSTATEMENT/REVIVAL:
1. 1 YEAR for offenses punishable by imprisonment not exceeding 6 years
2. 2 YEARS for offenses punishable by imprisonment exceeding 6 years

GENERAL RULE:
   - When a case is reinstated there is no need to conduct a new
     preliminary investigation.

     EXCEPTIONS:
     - Original witnesses or some of them recant their testimony, are
       no longer available (died) or when new witnesses have emerged
     - Other persons are charged under the new complaint
     - Original charge has been upgraded
     - C…

Former Conviction Or Acquittal; Double Jeopardy

Section 6. Order sustaining the motion to quash not a bar to another 
prosecution; exception

GENERAL RULE:
   - An order sustaining a MTQ is not a bar to another
     prosecution for the same offense

     EXCEPTIONS: When the ground for the MTQ is any
     of the following:
     1. Criminal action or liability has been extinguished
     2. Double Jeopardy



Section 7. Former conviction or acquittal; double jeopardy

KINDS OF DOUBLE JEOPARDY:
1. No person shall be put twice in jeopardy for the SAME OFFENSE
2. When an act punished by a law and an ordinance, conviction or
   acquittal under either shall be a bar to another prosecution for
   the SAME ACT

IDENTITY RULE
   - There is identity between two offenses not only when the second
     offense is exactly the same as the first, but also when the
     second offense includes or is necessarily included in the
     first offense or is an attempt or frustration thereof

     EXCEPTIONS TO IDENTITY RULE:
     1. The graver offense developed due to supervening fac…